Vol. 84 Tuesday, No. 156 August 13, 2019

Pages 39959–40224

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 84, No. 156

Tuesday, August 13, 2019

Census Bureau NOTICES NOTICES Request for Information: Meetings: FY 2019 Bioenergy Technologies Office Research Census Scientific Advisory Committee, 40020 Priorities, 40038 Centers for Disease Control and Prevention Environmental Protection Agency NOTICES RULES Agency Information Collection Activities; Proposals, Adequacy Determination: Submissions, and Approvals, 40057–40067 Wisconsin: Research, Development and Demonstration Permit Provisions for Municipal Solid Waste Children and Families Administration Landfills, 39977–39978 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Head Start Designation Renewal System, 39996–40006 Promulgations: Texas; Control of Air Pollution from Motor Vehicles, Coast Guard 39976–39977 RULES NOTICES Consumer Price Index Adjustments of Oil Pollution Act of Meetings: 1990 Limits of Liability––Vessels, Deepwater Ports and Conference on Air Quality Modeling, 40044–40047 Onshore Facilities, 39970–39974 Federal Insecticide, Fungicide, and Rodenticide Act Safety Zone: Scientific Advisory Panel, 40047–40050 Toledo Country Club Fireworks, Maumee River, Toledo, OH, 39974–39976 Federal Aviation Administration RULES Commerce Department Establishment of Restricted Areas and Revocation of See Census Bureau Restricted Area: See Foreign-Trade Zones Board R–2205 A, B, C, D, E, F, G, H, J, K; Fairbanks, AK; R– See Industry and Security Bureau 2205; Stuart Creek, AK, 39960–39964 See International Trade Administration Establishment of Restricted Areas: See National Oceanic and Atmospheric Administration R–2201A, B, C, D; Fort Greely, AK, 39964–39966 See National Telecommunications and Information Special Conditions: Administration Gulfstream Aerospace Corporation Model GVII Series Defense Department Airplane; Electro-Hydraulically Actuated Seats RULES Equipped with Backup Power Supply, 39959–39960 PROPOSED RULES Defense Contract Audit Agency Privacy Act Program, 39970 Airworthiness Directives: Federal Acquisition Regulation: Dassault Aviation Airplanes, 39991–39994 Federal Acquisition Circular 2019–05; Introduction, NOTICES 40216 Agency Information Collection Activities; Proposals, Federal Acquisition Circular 2019–05; Small Entity Submissions, and Approvals: Compliance Guide, 40223–40224 Medical Standards and Certification, 40125 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Federal Communications Commission Services or Equipment, 40216–40223 NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40050–40051 Submissions, and Approvals: Extraordinary Contractual Action Requests, 40056–40057 Federal Energy Regulatory Commission Education Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Privacy Act; Systems of Records, 40033–40037 Submissions, and Approvals, 40038–40039 Application: Employee Benefits Security Administration Cherokee Falls Hydroelectric Project, LLC, 40040–40041 NOTICES Combined Filings, 40040, 40042–40043 Meetings: Filing: Advisory Council on Employee Welfare and Pension Black Canyon Bliss, LLC, 40042 Benefit Plans, 40092 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Energy Department Citizens Energy Corp., 40044 See Federal Energy Regulatory Commission Records Governing Off-the-Record Communications, 40043– PROPOSED RULES 40044 Energy Conservation Program: Request under Blanket Authorization: Standards for Microwave Ovens, 39980–39991 Equitrans, LP, 40041–40042

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Federal Motor Carrier Safety Administration Syngenta Crop Protection, Inc., Foreign-Trade Zone 154, NOTICES Baton Rouge, LA, 40022 Agency Information Collection Activities; Proposals, Syngenta Crop Protection, Inc., Foreign-Trade Zone 19, Submissions, and Approvals: Omaha, NE, 40021–40022 Transportation of Hazardous Materials, Highway Routing, 40125–40126 General Services Administration Federal Railroad Administration RULES NOTICES Federal Acquisition Regulation: Petition for Special Approval, 40126–40127 Federal Acquisition Circular 2019–05; Introduction, 40216 Federal Reserve System Federal Acquisition Circular 2019–05; Small Entity NOTICES Compliance Guide, 40223–40224 Agency Information Collection Activities; Proposals, Prohibition on Contracting for Certain Submissions, and Approvals, 40051–40055 Telecommunications and Video Surveillance Formations of, Acquisitions by, and Mergers of Bank Services or Equipment, 40216–40223 Holding Companies, 40054–40056 PROPOSED RULES Formations of, Acquisitions by, and Mergers of Savings and Federal Management Regulation; Utility Services, 39994– Loan Holding Companies, 40052 39996 NOTICES Fish and Wildlife Service Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Endangered and Threatened Wildlife and Plants: Extraordinary Contractual Action Requests, 40056–40057 Endangered Species Status for Franklin’s Bumble Bee (Bombus franklini), 40006–40019 NOTICES Health and Human Services Department Agency Information Collection Activities; Proposals, See Centers for Disease Control and Prevention Submissions, and Approvals: See Children and Families Administration Falconry Application Database, 40086–40087 See Food and Drug Administration Endangered and Threatened Wildlife and Plants: See National Institutes of Health 28 Draft Recovery Plan Revisions for 53 Species in the See Substance Abuse and Mental Health Services Southeast, Mountain-Prairie, and Pacific Southwest Administration Regions of the United States; Correction, 40039– 40040 Homeland Security Department Environmental Impact Statements; Availability, etc.: See Coast Guard Delta Research Station Project: Estuarine Research Station See U.S. Customs and Border Protection and Fish Technology Center; Sacramento, CA, 40087–40089 Recovery Permit Application: Housing and Urban Development Department Endangered Species, 40089 NOTICES Agency Information Collection Activities; Proposals, Food and Drug Administration Submissions, and Approvals: NOTICES Data Collection for the HUD Secretary’s Awards, 40084– Agency Information Collection Activities; Proposals, 40086 Submissions, and Approvals: Standards for Success Reporting, 40082–40084 Medical Device Accessories, 40067–40068 Order of Succession for the Office of Community Planning Q-Submission Program for Medical Devices, 40069–40071 and Development, 40084 Charter Renewal: National Mammography Quality Assurance Advisory Industry and Security Bureau Committee, 40069 Meetings: NOTICES Incorporating Alternative Approaches in Clinical Order Denying Export Privileges: Investigations for New Animal Drugs, 40071–40072 Juan Jesus De La Rosa, 40023–40024 Michael Shapovalov; a.k.a. Mikhail Shapovalov, 40024– Foreign Claims Settlement Commission 40025 NOTICES Si Chen; a.k.a. Cathy Chen; a.k.a. Celia Chen; a.k.a. Meetings; Sunshine Act, 40091 Cecelia Chen; a.k.a. Chunping Ji, 40025–40026

Foreign-Trade Zones Board Interior Department NOTICES See Fish and Wildlife Service Authorization of Production Activity: See Land Management Bureau CGT U.S., Ltd., Foreign-Trade Zone 80, San Antonio, TX, 40021 Michelin North America, Inc., Woodruff and Laurens, SC; International Trade Administration Foreign-Trade Zone 38; Spartanburg County, SC, NOTICES 40022–40023 Antidumping or Countervailing Duty Investigations, Orders, Proposed Production Activity: or Reviews: Patheon Puerto Rico, Inc., Manati, PR; Foreign-Trade Finished Carbon Steel Flanges from Spain, 40026–40028 Zone 7, Mayaguez, PR, 40020–40021 Oil Country Tubular Goods from India, 40028–40029

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International Trade Commission Takes of Marine Mammals: NOTICES U.S. Navy Surveillance Towed Array Sensor System Low Investigations; Determinations, Modifications, and Rulings, Frequency Active Sonar Training and Testing in the etc.: Central and Western North Pacific Ocean and Eastern Uncovered Innerspring Units from China, South Africa, Indian Ocean, 40132–40213 and Vietnam, 40090–40091 NOTICES Meetings: Justice Department Fisheries of the Gulf of Mexico and South Atlantic; See Foreign Claims Settlement Commission Southeast Data, Assessment, and Review, 40029– See National Institute of Corrections 40030 NOTICES Fisheries of the South Atlantic; Southeast Data, Agency Information Collection Activities; Proposals, Assessment, and Review, 40032–40033 Submissions, and Approvals: Mid–Atlantic Fishery Management Council, 40031–40032 OJP Standard Assurances, 40091–40092 New England Fishery Management Council, 40030–40031 Pacific Fishery Management Council, 40031–40032 Labor Department See Employee Benefits Security Administration National Science Foundation Land Management Bureau NOTICES Meetings: NOTICES Proposal Review Panel for Materials Research, 40093 Meetings: Meetings; Sunshine Act, 40093–40094 Las Cruces District Resource Advisory Council, 40090 National Aeronautics and Space Administration National Telecommunications and Information RULES Administration Federal Acquisition Regulation: Federal Acquisition Circular 2019–05; Introduction, NOTICES 40216 Meetings: Federal Acquisition Circular 2019–05; Small Entity 2019 Spectrum Policy Symposium, 40033 Compliance Guide, 40223–40224 Nuclear Regulatory Commission Prohibition on Contracting for Certain NOTICES Telecommunications and Video Surveillance Applications and Amendments to Facility Operating Services or Equipment, 40216–40223 NOTICES Licenses and Combined Licenses Involving No Agency Information Collection Activities; Proposals, Significant Hazards Considerations: Submissions, and Approvals: Biweekly Notice, 40094–40105 Extraordinary Contractual Action Requests, 40056–40057 Meetings: Meetings: Advisory Committee on the Medical Uses of Isotopes, Aerospace Safety Advisory Panel, 40092–40093 40106 Meetings; Sunshine Act, 40105–40106 National Highway Traffic Safety Administration NOTICES Overseas Private Investment Corporation Grant of Petition for Decision of Inconsequential NOTICES Noncompliance: Meetings; Sunshine Act, 40106–40107 Michelin North America, Inc., 40127–40128 Pipeline and Hazardous Materials Safety Administration National Institute of Corrections NOTICES NOTICES Hazardous Materials: Meetings: The State of Washington Crude Oil By Rail—Vapor Advisory Board, 40092 Pressure Requirements, 40128–40129 National Institutes of Health Securities and Exchange Commission NOTICES RULES Charter Renewal: FAST Act Modernization and Simplification of Regulation Novel and Exceptional Technology and Research S–K; Correction, 39966–39970 Advisory Committee, 40072 NOTICES Meetings: Agency Information Collection Activities; Proposals, Center for Scientific Review, 40072 Submissions, and Approvals, 40111–40114, 40117– National Center for Advancing Translational Sciences, 40118 40074 Self-Regulatory Organizations; Proposed Rule Changes: National Institute of Allergy and Infectious Diseases, Cboe Exchange, Inc., 40114–40117 40074 The Depository Trust Co., 40107–40111 Scientific Advisory Committee on Alternative Toxicological Methods, 40072–40074 Small Business Administration NOTICES National Oceanic and Atmospheric Administration Disaster Declaration: RULES California, 40118 Atlantic Highly Migratory Species: Louisiana, 40118 Atlantic Bluefin Tuna Fisheries, 39978–39979 Pennsylvania, 40119

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Virginia, 40120 See Pipeline and Hazardous Materials Safety Major Disaster Declaration: Administration Missouri, 40120–40121 Muscogee (Creek) Nation; Public Assistance Only, 40119– U.S. Customs and Border Protection 40120 NOTICES Nebraska, 40118–40119 Test Concerning Entry of Section 321 Low-valued Shipments Through Automated Commercial Social Security Administration Environment, 40079–40082 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:, 40121–40124 Separate Parts In This Issue

State Department Part II NOTICES Commerce Department, National Oceanic and Atmospheric Culturally Significant Objects Imported for Exhibition: Administration, 40132–40213 Lari Pittman: Declaration of Independence, 40124 Delegation of Authority to Concur with Decisions by the Part III Secretary of Energy to Enter into Agreements Relating Defense Department, 40216–40224 to Contributions for Certain Nonproliferation Programs, General Services Administration, 40216–40224 40124–40125 National Aeronautics and Space Administration, 40216– 40224 Substance Abuse and Mental Health Services Administration Reader Aids NOTICES Agency Information Collection Activities; Proposals, Consult the Reader Aids section at the end of this issue for Submissions, and Approvals, 40074–40079 phone numbers, online resources, finding aids, and notice of recently enacted public laws. Transportation Department To subscribe to the Federal Register Table of Contents See Federal Aviation Administration electronic mailing list, go to https://public.govdelivery.com/ See Federal Motor Carrier Safety Administration accounts/USGPOOFR/subscriber/new, enter your e-mail See Federal Railroad Administration address, then follow the instructions to join, leave, or See National Highway Traffic Safety Administration 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.

10 CFR Proposed Rules: 430...... 39980 14 CFR 25...... 39959 73 (2 documents) ...... 39960, 39964 Proposed Rules: 39...... 39991 17 CFR 229...... 39966 232...... 39966 239...... 39966 249...... 39966 274...... 39966 32 CFR 317...... 39970 33 CFR 138...... 39970 165...... 39974 40 CFR 52...... 39976 258...... 39977 41 CFR Proposed Rules: 102-82...... 39994 45 CFR Proposed Rules: 1304...... 39996 1305...... 39996 48 CFR Ch.1 (2 documents)...... 40216, 40223 1...... 40216 4...... 40216 12...... 40216 13...... 40216 39...... 40216 52...... 40216 50 CFR 218...... 40132 635...... 39978 Proposed Rules: 17...... 40006

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Rules and Regulations Federal Register Vol. 84, No. 156

Tuesday, August 13, 2019

This section of the FEDERAL REGISTER Background Hydraulically actuated components contains regulatory documents having general on airplane seats, including hydraulic applicability and legal effect, most of which On October 12, 2018, Gulfstream applied for a supplemental type reservoir, pump, actuators, and backup are keyed to and codified in the Code of power systems. Federal Regulations, which is published under certificate for electro-hydraulically 50 titles pursuant to 44 U.S.C. 1510. actuated seats equipped with backup Discussion power supply in the Model GVII series Hydraulically actuated components The Code of Federal Regulations is sold by airplane. The Gulfstream Model GVII the Superintendent of Documents. and backup power systems on airplane series airplane, currently approved seats are considered novel or unusual by under Type Certificate No. T00021AT, the FAA. Therefore, we developed DEPARTMENT OF TRANSPORTATION is twin-engine, transport-category special conditions that contain the airplane with seating for 19 passengers additional standards that the Federal Aviation Administration and a maximum takeoff weight of Administrator considers necessary to 79,600 pounds. establish a level of safety equivalent to 14 CFR Part 25 Type Certification Basis that established by the existing airworthiness standards. Under the provisions of title 14, Code The FAA has considered the [Docket No. FAA–2019–0470; Special of Federal Regulations (14 CFR) 21.101, Conditions No. 25–754–SC] installation of seats with these features Gulfstream must show that the Model to have four primary safety concerns: Special Conditions: Gulfstream GVII series airplane, as changed, 1. Reliability of the backup power Aerospace Corporation Model GVII continues to meet the applicable supply; Series Airplane; Electro-Hydraulically provisions of the regulations listed in 2. Safety hazards to the occupants Actuated Seats Equipped With Backup Type Certificate No. T00021AT or the from the hydraulically actuated Power Supply applicable regulations in effect on the components of the seat; date of application for the change, 3. Structural integrity of the hydraulic AGENCY: Federal Aviation except for earlier amendments as agreed components; and Administration (FAA), DOT. upon by the FAA. 4. Flammability. ACTION: Final special conditions. If the Administrator finds that the Emergency exits must be accessible to applicable airworthiness regulations the passengers, and the effectiveness of SUMMARY: These special conditions are (i.e., 14 CFR part 25) do not contain evacuation must be maintained. Typical issued for the Gulfstream Aerospace adequate or appropriate safety standards airplane seats can be positioned Corporation (Gulfstream) Model GVII for the Gulfstream Model GVII series manually to the lateral (track) and series airplane. These airplanes, as airplane because of a novel or unusual directional (swivel) taxi, takeoff, and modified by Gulfstream, will have a design feature, special conditions are landing (TT&L) position by mechanical novel or unusual design feature when prescribed under the provisions of means, so that the seats can be compared to the state of technology § 21.16. positioned accordingly in the event of a envisioned in the airworthiness Special conditions are initially loss of cabin power. For this electro- standards for transport-category applicable to the model for which they hydraulically operated seat design, in airplanes. This design feature is electro- are issued. Should the applicant apply lieu of a manual means to re-position hydraulically actuated seats equipped for a supplemental type certificate to the hydraulically operated seat features with backup power supply. The modify any other model included on the (backrest, seat pan, and leg-rest applicable airworthiness regulations do same type certificate to incorporate the deployment) for TT&L, a backup power not contain adequate or appropriate same novel or unusual design feature, supply (BPS) temporarily powers the safety standards for this design feature. these special conditions would also hydraulic system in the event of loss of These special conditions contain the apply to the other model under § 21.101. cabin power. The BPS is deployed, and additional safety standards that the In addition to the applicable intended only for use, in the event of a Administrator considers necessary to airworthiness regulations and special loss of cabin power. If the seats are establish a level of safety equivalent to conditions, the Gulfstream Model GVII installed in the path of the emergency that established by the existing series airplane must comply with the over-wing exits, failure to return the seat airworthiness standards. fuel-vent and exhaust-emission to a TT&L position may have an adverse effect on evacuation. Substantiation of DATES: Effective August 13, 2019. requirements of 14 CFR part 34, and the noise-certification requirements of 14 14 CFR 25.809(b) and 25.813(c)(2)(ii) FOR FURTHER INFORMATION CONTACT: CFR part 36. must be shown with the seats in their Alan Sinclair, AIR–675, Airframe and The FAA issues special conditions, as most adverse positions. Cabin Safety Section, Transport defined in 14 CFR 11.19, in accordance It must be shown that the Standards Branch, Policy and with § 11.38, and they become part of hydraulically actuated components of Innovation Division, Aircraft the type certification basis under the seat pose no safety hazard to the Certification Service, Federal Aviation § 21.101. occupants or airplane. This includes Administration, 2200 South 216th injuries caused by crushing of airplane Street, Des Moines, Washington 98198; Novel or Unusual Design Features occupants who are between the telephone and fax 206–231–3215; email The Gulfstream Model GVII series hydraulically actuated components and [email protected]. airplane will incorporate the following any part of the passenger cabin when SUPPLEMENTARY INFORMATION: novel or unusual design features: seat features (e.g., leg rest or backrest)

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are actuated. Additionally, the risk of Applicability 3. It must be shown that the hydraulic loss of function of a control or proximity As discussed above, these special system (actuators, reservoir, lines, etc.) switch, resulting in the pump motor conditions are applicable to the remains intact and free from leakage commanded to remain pumping after Gulfstream Model GVII series airplane. under the conditions specified in the hydraulic actuator(s) have reached Should Gulfstream apply at a later date § 25.562. Testing of each seat’s their minimum or maximum limit, must for a supplemental type certificate to hydraulic system per § 25.1435(c) may not cause the overloaded motor to modify any other model included on be conducted off of the airplane. overheat, a condition that could result Type Certificate No. T00021AT to 4. Section 25.863 requires in fire. incorporate the same novel or unusual consideration of any effects the The FAA has also considered the design feature, these special conditions hydraulic fluid, including the fluid as a emergency-landing dynamic conditions would apply to that model as well. dry residue, could have on combustible for the installation of electro- or absorbing materials. The hydraulically actuated seats. The Conclusion characteristics of such flammable fluid applicant must show that the hydraulic This action affects only certain novel in these conditions must be tested to the system (actuators, reservoir, lines, etc.) or unusual design features on one model requirements of § 25.853(a) and (c), or remains intact and free from leakage series of airplane. It is not a rule of the materials must be shielded in a under the conditions specified in general applicability and affects only manner that prevents contact by the § 25.562. Testing of each seat’s the applicant who applied to the FAA fluid. However, as an alternative to such hydraulic system per § 25.1435(c) may for approval of these features on the testing or shielding, the applicant may be conducted off of the airplane. airplane. provide, in accordance with § 25.863(c), Flammability of hydraulic fluid used a quick-acting means that alerts the in the seat-movement mechanism must List of Subjects in 14 CFR Part 25 crew that hydraulic fluid has leaked. be considered. If the fluid is flammable, Aircraft, Aviation safety, Reporting it could contribute to a post-crash or in- Issued in Des Moines, Washington, on and recordkeeping requirements. August 7, 2019. flight fire. Any failure modes that would result in release of the flammable Authority Citation Christopher R. Parker, hydraulic fluid during a post-crash or The authority citation for these Acting Manager, Transport Standards in-flight fire, causing such fluid to special conditions is as follows: Branch, Policy and Innovation Division, materially increase an existing fire, must Aircraft Certification Service. Authority: 49 U.S.C. 106(f), 106(g), 40113, [FR Doc. 2019–17257 Filed 8–12–19; 8:45 am] be examined. Examples of this could be 44701, 44702, 44704. flex lines burning through and releasing BILLING CODE 4910–13–P the flammable hydraulic fluid, or the The Special Conditions fluid reservoir could be heated in a fire, Accordingly, pursuant to the DEPARTMENT OF TRANSPORTATION resulting in a boiling-liquid, expanding- authority delegated to me by the vapor explosion. The potential for Administrator, the following special Federal Aviation Administration spontaneous ignition of the fluid conditions are issued as part of the type coming into contact with hot surfaces or certification basis for Gulfstream 14 CFR Part 73 other ignition sources should also be Aerospace Corporation Model GVII addressed. The applicant should series airplanes. [Docket No. FAA–2016–9479; Airspace examine any possible failure mode in 1. It must be shown that the Docket No. 15–AAL–4] which the flammable hydraulic fluid probability of failure of the backup RIN 2120–AA66 could be absorbed into materials, such power supply to return seat components as the seat foam and fabric, carpeting, to the required taxi, takeoff, and landing Establishment of Restricted Areas R– etc. The applicant must show that any position is no greater than 10¥5 per 2205 A, B, C, D, E, F, G, H, J, K; fluid-soaked seat parts remain self- flight hour. Fairbanks, AK and Revocation of extinguishing. The applicant must also 2. It must be shown that the Restricted Area R–2205; Stuart Creek, show that flammability of dry residue, hydraulically actuated components of AK which may be present from a slow leak the seat pose no safety hazard to the or fluid seepage, does not degrade the occupants. Hazards to be considered, AGENCY: Federal Aviation flammability characteristics of any per the latest revision of Advisory Administration (FAA), DOT. materials the fluid contacts, to a level Circular 25.1309–1, at a minimum are: ACTION: Final rule. below the requirements specified in a. Injuries caused by crushing of SUMMARY: This action establishes airplane occupants who are between the § 25.853. restricted areas R–2205 A, B, C, D, E, F, These special conditions contain the hydraulically actuated components and G, H, J, K; Fairbanks, AK, and revokes additional safety standards that the any part of the passenger cabin when restricted area R–2205; Stuart Creek, Administrator considers necessary to the leg rest or backrest is actuated. AK, over the Digital Multipurpose establish a level of safety equivalent to b. The risk of loss of function of a Training Range (DMPTR) and the Yukon that established by the existing control or proximity switch resulting in Training Area (YTA), which provides a airworthiness standards. the pump motor being commanded to stay on after the hydraulic actuator(s) more realistic protective airspace Discussion of Comments have reached their minimum or required for hazardous activities within The FAA issued Notice of Proposed maximum limit, creating potential for the Joint Pacific Alaska Range Complex Special Conditions No. 25–19–10–SC motor overheating or fire. (JPARC). for the Gulfstream Model GVII series c. The potential for a significant DATES: Effective date 0901 UTC, October airplane, which was published in the contribution to a fire in the event fluid 10, 2019. Federal Register on July 2, 2019 (84 FR comes into contact with hot surfaces or FOR FURTHER INFORMATION CONTACT: 31522). No comments were received, other ignition sources, and the potential Kenneth Ready, Airspace Policy and and the special conditions are adopted for release of toxic or flammable vapors Regulations Group, Office of Airspace as proposed. and gasses. Services, Federal Aviation

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Administration, 800 Independence (1) Safety, (2) financial burden cost for adjustments to flight plans may be Avenue SW, Washington, DC 20591; fuel (3) airspace design being overly required when the restricted area is telephone: (202) 267–8783. complex; (4) Trans-Alaska Pipeline and active. In most cases, flight paths will SUPPLEMENTARY INFORMATION: (5) Chena River VFR corridor. not change significantly (if at all) Having considered the issues and because civilian aircraft already operate Authority for This Rulemaking recommendations provided by the around the pre-existing restricted The FAA’s authority to issue rules commenters, the FAA offers the airspace and the portions of the Viper regarding aviation safety is found in following responses. and Yukon military operation areas Title 49 of the United States Code. Safety (active from 8:00 to 18:00, Monday Subtitle I, Section 106 describes the through Friday), within which the authority of the FAA Administrator. Four individuals commented that the restricted area expansion is established. Subtitle VII, Aviation Programs, expansion would be unsafe due to the Therefore, there will be no significant describes in more detail the scope of the rapidly changing weather conditions change in cost to IFR civil aircraft that agency’s authority. This rulemaking is and terrain in the area. are already routed around these airspace promulgated under the authority The FAA does not agree. The areas consistent with air traffic control described in Subtitle VII, Part A, expansion from the current restricted procedures. Additionally, as stated Subpart I, Section 40103. Under that area’s western boundary is 10 miles to earlier in this document, the section, the FAA is charged with the west abutting the Class D airspace aeronautical study indicated that very prescribing regulations to assign the use over Eielson Air Force Base and 3 miles little civilian traffic traverses east of of the airspace necessary to ensure the to the north, with the airspace divided Eielson. Therefore, VFR aircraft are safety of aircraft and the efficient use of into low altitude and high altitude minimally impacted, and they have the airspace. This regulation is within the subdivisions. Based on public comment, option to fly through and west of scope of that authority as it would the subdivisions and stratification were Eielson AFB. establish restricted area airspace at modified to enable the using agency In an effort to minimize impact to Fairbanks, AK to support the United (U.S. Army, AK, Joint Base Elemendorf- non-participating aircraft, the restricted States’ Air Force and Army to provide Richardson) to release volumes of area incorporates subdivisions and larger airspace to more realistically airspace to the controlling agency (FAA stratification. Based on public comment, conduct service and joint hazardous Fairbanks Approach Control) for use by the subdivisions and stratification were training activities, consistent with the public when hazardous activities are modified to enable the using agency to current and future combat not scheduled. Aircraft have the release airspace to the controlling environments. availability to fly through the inactive agency for public use when hazardous restricted areas when the low activities are not scheduled. History subdivisions are released by the using The FAA published a notice of agency. Additionally, information Airspace Design Being Overly Complex proposed rulemaking for Docket No. provided by the FAA aeronautical study AOPA commented the new proposed FAA–2016–9479 in the Federal Register and Eielson Air Force Base (AFB) air restricted areas proposed would create a (82 FR 12526; March 6, 2017), traffic control facility concluded very complex matrix of airspace segments. establishing restricted areas R–2205A, little civilian traffic traverses the east AOPA is concerned that the complexity R–2205B, R–2205C, R–2205D, R–2205E, side of the Eielson Class D where the of this matrix is confusing and will lead R–2205F, R–2205G, R–2205H, R–2205J, restricted area has been expanded; to pilots inadvertently penetrating the and R–2205K, Fairbanks, AK, in support conversely, west of and through Eielson airspace. of the United States Air Force and Army Air Force base remains available to IFR The FAA agrees with this comment to provide more realistic airspace for and VFR aircraft. Moreover, the and has realigned the airspace into hazardous activities within the JPARC expanded areas of the restricted areas smaller rectangle subdivisions instead complex. Interested parties were invited are generally over the higher ground in of large 45-degree slanted subdivisions to participate in this rulemaking effort the area, allowing civil traffic the safety with irregular boundaries. This redesign by submitting written comments on the of maneuvering in the lower ground of the airspace proposed in the NPRM proposal. Ten comments were received; around the restricted area expansion. At was discussed extensively at the FAA’s seven from individuals, two aviation times, however, aircraft may be required safety risk management panel where groups (Aircraft Owners and Pilots to maneuver north or south earlier or numerous aviation groups, which Association [AOPA] and Alaska Air later than desired to avoid an active included AOPA, identified no hazards Carriers Association), and one from restricted area. to these redesigned subdivisions. The Alyeska Pipeline Service Company Lastly, this proposal was analyzed by redesign added two more restricted area (APSC). a safety risk management panel that subdivisions simplifying the design, Discussion of Comments included representatives from AOPA while reducing the overall size of the R– and Alaska Airmen Association. No 2205 A through K complex in response In their response to the NPRM, the hazards were identified with the to other comments discussed later in commenters raised several substantive expansion of this airspace. this document. issues. Two commenters stated they did not agree with the proposal but did not Financial Burden Cost for Fuel Trans-Alaska Pipeline state a reason for their objection or an An individual commented that the AOPA and APSC commented on the aeronautical suggestion to consider, expansion would be a major financial availability of the Trans-Alaskan these comments were not addressed. cost of aviation fuel for pilots Pipeline to be available for inspection Alaska Air Carriers Association transitioning from Fairbanks to the and aerial security patrols for Alaska’s commented on R–2201 Ft. Greely eastern portions of the state and to transportation infrastructure. The Alaska, their comments were addressed Canada. proposal would include the route over in that rulemaking action’s The FAA does not agree. For pilots the pipeline. supplemental NPRM. The comments are transitioning between Fairbanks and The FAA agrees and has adjusted the categorized in the following groupings: eastern Alaska or Canada, minor southwest boundary of the restricted

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area complex (R–2205 D) to ensure the 2205A through K, the MOA changes are (AGI) during large training exercises pipeline is not in the restricted areas addressed in this rule as well as being such as Red Flag and Distant Frontier. and aerial access is available. Chena published in the NFDD. Additionally, the expansion of the River VFR corridor AOPA commented The FAA circularized a proposal to restricted area over the DMPTR allows on an existing VFR corridor along the make editorial amendments to the Viper for greater training complexity by Chena River valley. The valley is one of A, Viper B, and Yukon 1 MOAs incorporating AGI. The activities within the most popular routes between boundary descriptions, contingent upon R–2205 A through K are to meet the Fairbanks and the communities of restricted areas R–2205A through K overall training objectives of the Central Circle Hot Springs, Chena Hot being established, to add language that Department of Defense. The activities Springs and Circle City. Limiting access excluded that airspace within R–2205A would include live and inert precision to this corridor would cause inadvertent through K when the restricted areas and unguided munitions, unmanned airspace penetrations and will cause were activated. Interested parties were aerial vehicles (UAV) laser operations, pilots to fly one side of the river raising invited to participate in this proposed joint combined arms live fire exercises, the possibility of a mid-air collision, nonrulemaking action by submitting gunnery collective skills training, rather than allowing opposite direction written comments on the proposal. No demolitions, indirect fire and helicopter traffic to utilize both sides of the Chena comments to the circular were received. integration with UAVs. These restricted river valley to deconflict. As a result, the Viper A, Viper B, and areas are required to effectively The FAA agrees with AOPA and has Yukon 1 MOAs boundary descriptions deconflict Department of Defense and adjusted the northwest boundary of the are being amended to include language civilian air traffic from hazards restricted area complex (R–2205 B) to that excludes that airspace within associated with live fire training. allow the VFR corridor free access and restricted areas R–2205A through K two miles of maneuverability from the when they are activated. These editorial Regulatory Notices and Analyses restricted area on either side of the amendments overcome any potential The FAA has determined that this Chena river valley. airspace confusion or conflict resulting regulation only involves an established from the overlapping restricted areas body of technical regulations for which Military Operations Areas (MOA) and MOAs being activated at the same frequent and routine amendments are In the NPRM, the FAA acknowledged time. Additionally, the amendments necessary to keep them operationally that the proposed R–2205A, B, C, D, E, help inform nonparticipants when current. It, therefore: (1) Is not a F, G, H, J, and K restricted areas, if portions of the MOAs are not available ‘‘significant regulatory action’’ under established, would be designated within due to hazardous activities being Executive Order 12866; (2) is not a the existing Viper A, Viper B, and conducted in the overlapping restricted ‘‘significant rule’’ under Department of Yukon 1 Military Operations Areas areas. The amended boundary Transportation (DOT) Regulatory (MOAs). To address potential airspace descriptions for the MOAs will be Policies and Procedures (44 FR 11034; issues and confusion created if all published in the NFDD; the rest of the February 26, 1979); and (3) does not special use airspace (SUA) areas were MOAs legal descriptions remain warrant preparation of a regulatory active at the same time, the FAA stated unchanged. evaluation as the anticipated impact is it would amend the legal descriptions of so minimal. Since this is a routine the Viper A, Viper B and Yukon 1 Differences From the NPRM matter that only affects air traffic MOAs to exclude that airspace within In response to comments the FAA has procedures and air navigation, it is R–2205A, B, C, D, E, F, G, H, J, and K realigned all internal subdivisions into certified that this rule, when when the restricted areas were smaller rectangle subdivisions instead promulgated, does not have a significant activated. of large 45-degree slanted subdivisions economic impact on a substantial MOAs are established to separate or with irregular boundaries. Additionally, number of small entities under the segregate non-hazardous military flight two subdivisions have been added criteria of the Regulatory Flexibility Act. activities from aircraft operating in while the overall size of the R–2205 A Environmental Review accordance with instrument flight rules through K complex is reduced. All (IFR) and to advise pilots flying under geographic lat./long. coordinates have The FAA has determined that this visual flight rules (VFR) where these been adjusted to accommodate traffic action of establishing restricted areas R– activities are conducted. IFR aircraft above and around the newly established 2205 A, B, C, D, E, F, G, H, J, K; may be routed through an active MOA restricted areas ensuring ample Fairbanks, AK and revoking restricted only by agreement with the using separation from non-participating area R–2205 at Stuart Creek, AK, agency and only when air traffic control traffic. qualifies for FAA adoption in can provide approved separation from accordance with FAA Order 1050.1F, the MOA activity. VFR pilots are not The Rule paragraph 8–2, Adoption of Other restricted from flying in an active MOA This action amends Title 14 Code of Agencies’ National Environmental but are advised to exercise caution Federal Regulations (14CFR) part 73 by Policy Act Documents, and FAA Order while doing so. MOAs are nonregulatory removing the current restricted area R– 7400.2M, paragraph 32–2–3 (Special airspace areas that are established or 2205, Stuart Creek, AK, and establishing Use Airspace). After conducting an amended administratively and restricted areas R–2205A through K, independent review and evaluation of published in the National Flight Data Fairbanks, AK. The FAA is revoking and the Army’s Final Environmental Impact Digest (NFDD) rather than through establishing this action at the request of Statement (EIS) for The Modernization rulemaking procedures. When a the United States Army in Alaska. and Enhancement of Ranges, Airspace, nonrulemaking action is ancillary to a Subsequent to the NPRM, the FAA is and Training Areas in the Joint Pacific rulemaking action, FAA procedures also incorporating the restricted area Alaska Range Complex in Alaska allow for the nonrulemaking changes to updates noted in the Differences from (JPARC) and Finding Of No Significant be included in the rulemaking action. the NPRM section. The FAA is taking Impact, (which analyzes the impacts of Since amendments to the Viper A, Viper this action to accommodate manned and establishing R–2201 at the Battle Area B, and Yukon 1 MOAs descriptions are unmanned teaming of aviation assets Complex, expanding R–2205, and ancillary to the establishment of R– and allow Air-to-Ground Integration modifying the legal descriptions of

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Viper A, Viper B, Yukon 1 Military R–2205B Fairbanks, AK [New] Using agency. U.S. Army, AK (USARAK), Operations Areas (MOAs)), the FAA has Boundaries—Beginning at lat. 64°48′47″ N, Commanding General, Joint Base determined that the Army’s EIS, Written long. 146°41′03″ W; to lat. 64°37′40″ N, long. Elemendorf-Richardson (JBER), AK. ° ′ ″ ° ′ ″ Re-Evaluation, and supporting 146 41 10 W; to lat. 64 37 50 N, long. R–2205F Fairbanks, AK [New] 146°56′19″ W; counter-clockwise along the documentation adequately assesses and Boundaries—Beginning at lat 64°43′40″ N, discloses the environmental impacts of 4.7-mile radius of Eielson AFB; to lat. ° ′ ″ 64°43′40″ N, long. 146°59′27″ W; to lat. long. 146 59 27 W; clockwise along the 47- the proposed action. The Army’s JPARC ° ′ ″ ° ′ ″ mile radius of Eielson AFB; to lat. 64°37′50″ 64 47 54 N, long. 146 59 25 W; to lat. ° ′ ″ ° ′ ″ Final EIS was published in June 2013 64°48′47″ N, long. 146°57′08″ W; to the point N, long. 146 56 19 W; to lat. 64 39 41 N, and the Army/USAF Record of Decision long. 146°56′23″ W; to lat. 64°39′41″ N, long. of beginning. ° ′ ″ ° ′ ″ (ROD) was issued on August 6, 2013. Designated altitudes. Surface to but not 146 57 24 W; to lat. 64 40 07 N, long. 146°57′24″ W; to lat. 64°40′07″ N, long. Based on the evaluation in the Army’s including 10,000 feet MSL. ° ′ ″ ° ′ ″ Time of designation. 0700–1900 local time 147 00 26 W; to lat. 64 41 25 N, long. EIS, the FAA, as a Cooperating Agency, 147°00′26″ W; to lat. 64°41′25″ N, long. concluded that the EIS qualifies for Monday–Friday; other times by NOTAM two ° ′ ″ ° ′ ″ and one-half hours in advance. 147 02 23 W; to lat. 64 43 35 N, long. adoption by FAA, and that the FAA’s 147°02′23″ W; to lat. 64°43′35″ N, long. Controlling agency. FAA, Fairbanks ° ′ ″ adoption is authorized in accordance Approach Control. 146 59 26 W; to the point of beginning. with 40 CFR 1506.3, Adoption, and FAA Using agency. U.S. Army, AK (USARAK), Designated altitudes. 10,000 feet MSL to Order 1050.1F, paragraph 8–2, Adoption Commanding General, Joint Base FL 310. of Other Agencies’ NEPA Documents. Elemendorf-Richardson (JBER), AK. Time of designation. 0700–1900 local time Monday–Friday; other times by NOTAM two Accordingly, FAA adopts the Army’s R–2205C Fairbanks, AK [New] and one-half hours in advance. EIS and takes full responsibility for the ° ′ ″ Controlling agency. FAA, Fairbanks scope and content that addresses the Boundaries—Beginning at lat. 64 46 36 N, long. 146°10′42″ W; to lat. 64°37′33″ N, long. Approach Control. FAA’s actions associated with the 146°10′39″ W; to lat. 64°37′40″ N, long. Using agency. U.S. Army, AK (USARAK), establishment and modification of 146°41′10″ W; to lat. 64°48′47″ N, long. Commanding General, Joint Base Special Use Airspace. 146°41′03″ W; to lat. 64°48′47″ N, long. Elemendorf-Richardson (JBER), AK. ° ′ ″ ° ′ ″ List of Subjects in 14 CFR Part 73 146 32 18 W; to lat. 64 46 36 N, long. R–2205G Fairbanks, AK [New] 146°32′18″ W; to the point of beginning. Boundaries—Beginning at lat. 64°48′47″ N, Designated altitudes. Surface to but not Airspace, Prohibited Areas, Restricted long. 146°41′03″ W; to lat. 64°37′40″ N, long. including 10,000 feet MSL. Areas. 146°41′10″ W; to lat. 64°37′50″ N, long. Time of designation. 0700–1900 local time ° ′ ″ Adoption of the Amendment 146 56 19 W; counter-clockwise along the Monday–Friday; other times by NOTAM two 47-mile radius of Eielson AFB; to lat. and one-half hours in advance. In consideration of the foregoing, the 64°43′40″ N, long. 146°59′27″ W; to lat. Controlling agency. FAA, Fairbanks 64°47′54″ N, long. 146°59′25″ W; to lat. Federal Aviation Administration Approach Control. ° ′ ″ ° ′ ″ amends 14 CFR part 73 as follows: 64 48 47 N, long. 146 57 08 W; to the point Using agency. U.S. Army, AK (USARAK), of beginning. Commanding General, Joint Base PART 73—SPECIAL USE AIRSPACE Designated altitudes. 10,000 feet MSL to Elemendorf-Richardson (JBER), AK. FL 310. Time of designation. 0700–1900 local time ■ R–2205D Fairbanks, AK [New] 1. The authority citation for part 73 Monday–Friday; other times by NOTAM two continues to read as follows: Boundaries—Beginning at lat. 64°37′40″ N, ° ′ ″ ° ′ ″ and one-half hours in advance. long. 146 41 10 W; to lat. 64 33 38 N, long. Controlling agency. FAA, Fairbanks Authority: 49 U.S.C. 106(f), 106(g); 40103, 146°41′13″ W; to lat. 64°33′38″ N, long. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, ° ′ ″ ° ′ ″ Approach Control. 146 45 18 W; to lat. 64 33 51 N, long. Using agency. U.S. Army, AK (USARAK), 1959–1963 Comp., p. 389. 146°45′18″ W; to lat. 64°35′09″ N, long. ° ′ ″ ° ′ ″ Commanding General, Joint Base § 73.22 Alaska (Amended) 146 51 22 W; to lat. 64 36 54 N, long. Elemendorf-Richardson (JBER), AK. 146°54′14″ W; to lat. 64°37′50″ N, long. ■ 2. § 73.22 is amended as follows: 146°56′19″ W; to the point of beginning. R–2205H Fairbanks, AK [New] * * * * * Designated altitudes. Surface to but not Boundaries—Beginning at lat. 64°46′36″ N, including 10,000 feet MSL. long 146°10′42″ W; to lat. 64°37′33″ N, long. R–2205 Stuart Creek, AK [Delete] Time of designation. 0700–1900 local time 146°10′39″ W; to lat. 64°37′40″ N, long. Monday–Friday; other times by NOTAM two ° ′ ″ ° ′ ″ R–2205A Fairbanks, AK [New] 146 41 10 W; to lat. 64 48 47 N, long. and one-half hours in advance. 146°41′03″ W; to lat. 64°48′47″ N, long. ° ′ ″ Boundaries—Beginning at lat. 64 43 40 N, Controlling agency. FAA, Fairbanks 146°32′18″ W; to lat. 64°46′36″ N, long. ° ′ ″ long. 146 59 27 W; clockwise along the 4.7- Approach Control. 146°32′18″ W; to the point of beginning. ° ′ ″ mile radius of Eielson AFB; to lat. 64 37 50 Using agency. U.S. Army, AK (USARAK), Designated altitudes. 10,000 feet MSL to ° ′ ″ ° ′ ″ N, long. 146 56 19 W; to lat. 64 39 41 N, Commanding General, Joint Base FL 310. ° ′ ″ ° ′ ″ long. 146 56 23 W; to lat. 64 39 41 N, long. Elemendorf-Richardson (JBER), AK. Time of designation. 0700–1900 local time ° ′ ″ ° ′ ″ 146 57 24 W; to lat. 64 40 07 N, long. Monday–Friday; other times by NOTAM two ° ′ ″ ° ′ ″ R–2205E Fairbanks, AK [New] 146 57 24 W; to lat. 64 40 07 N, long. and one-half hours in advance. ° ′ ″ ° ′ ″ ° ′ ″ 147 00 26 W; to lat. 64 41 25 N, long. Boundaries—Beginning at lat. 64 37 33 N, Controlling agency. FAA, Fairbanks ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 147 00 26 W; to lat. 64 41 25 N, long. long. 146 10 39 W; to lat. 64 35 48 N, long. Approach Control. 147°02′23″ W; to lat. 64°43′35″ N, long. 146°10′40″ W; to lat. 64°35′48″ N, long. Using agency. U.S. Army, AK (USARAK), 147°02′23″ W; to lat. 64°43′35″ N, long. 146°11′38″ W; to lat. 64°33′51″ N, long. Commanding General, Joint Base 146°59′26″ W; to the point of beginning. 146°19′41″ W; to lat. 64°33′38″ N, long. Elemendorf-Richardson (JBER), AK. Designated altitudes. Surface to but not 146°19′41″ W; to lat. 64°33′38″ N, long. including 10,000 feet MSL. 146°41′13″ W; to lat. 64°37′40″ N, long. R–2205J Fairbanks, AK [New] Time of designation. 0700–1900 local time 146°41′10″ W; to the point of beginning. Boundaries—Beginning at lat. 64°37′40″ N, Monday–Friday; other times by NOTAM two Designated altitudes. Surface to but not long. 146°41′10″ W; to lat. 64°33′38″ N, long. and one-half hours in advance. including 10,000 feet MSL. 146°41′13″ W; to lat. 64°33′38″ N, long. Controlling agency. FAA, Fairbanks Time of designation. 0700–1900 local time 146°45′18″ W; to lat. 64°33′51″ N, long. Approach Control. Monday–Friday; other times by NOTAM two 146°45′18″ W; to lat. 64°35′09″ N, long. Using agency. U.S. Army, AK (USARAK), and one-half hours in advance. 146°51′22″ W; to lat. 64°36′54″ N, long. Commanding General, Joint Base Controlling agency. FAA, Fairbanks 146°54′14″ W; to lat. 64°37′50″ N, long. Elemendorf-Richardson (JBER), AK. Approach Control. 146°56′19″ W; to the point of beginning.

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Designated altitudes. 10,000 feet MSL to Regulations Group, Office of Airspace and recommendations provided by FL 310. Services, Federal Aviation AOPA, the FAA offers the following Time of designation. 0700–1900 local time Administration, 800 Independence responses. Monday–Friday; other times by NOTAM two Avenue SW, Washington, DC 20591; and one-half hours in advance. LOA/LOP Mitigations for General telephone: (202) 267–8783. Controlling agency. FAA, Fairbanks Aviation Aircraft Approach Control. SUPPLEMENTARY INFORMATION: Using agency. U.S. Army, AK (USARAK), AOPA stated, ‘‘The SNPRM notes that Commanding General, Joint Base Authority for This rulemaking the Letters of Agreement/Procedure Elemendorf-Richardson (JBER), AK. The FAA’s authority to issue rules (LOA/LOP) between the controlling agency and the using agency will offer R–2205K Fairbanks, AK [New] regarding aviation safety is found in Title 49 of the United States Code. additional mitigations and access to the Boundaries—Beginning at lat. 64°37′33″ N, ° ′ ″ ° ′ ″ Subtitle I, Section 106 describes the Restricted Area. AOPA requests that the long. 146 10 39 W; to lat. 64 35 48 N, long. FAA articulate those procedures and 146°10′40″ W; to lat. 64°35′48″ N, long. authority of the FAA Administrator. 146°11′38″ W; to lat. 64°33′51″ N, long. Subtitle VII, Aviation Programs, mitigations in the Final Rule to allow 146°19′41″ W; to lat. 64°33′38″ N, long. describes in more detail the scope of the General Aviation pilots to be aware of 146°19′41″ W; to lat. 64°33′38″ N, long. agency’s authority. This rulemaking is this operational flexibility. This 146°41′13″ W; to lat. 64°37′40″ N, long. promulgated under the authority includes understanding how FAA will 146°41′10″ W; to the point of beginning. described in Subtitle VII, Part A, coordinate to facilitate IFR and VFR Designated altitudes. 10,000 feet MSL to Subpart I, Section 40103. Under that access, and the procedures to let civil FL 310. section, the FAA is charged with aircraft operating VFR know how to Time of designation. 0700–1900 local time contact a military range controller for Monday–Friday; other times by NOTAM two prescribing regulations to assign the use and one-half hours in advance. of the airspace necessary to ensure the real-time access around actual military Controlling agency. FAA, Fairbanks safety of aircraft and the efficient use of use.’’ Approach Control. airspace. This regulation is within the The FAA responds that the capability Using agency. U.S. Army, AK (USARAK), scope of that authority as it establishes for immediate communications with Commanding General, Joint Base restricted areas at Fort Greely, AK, to Anchorage Air Route Traffic Control Elemendorf-Richardson (JBER), AK. support the United States Army in Center (ARTCC) and Allen Army * * * * * Alaska and to accommodate essential Airfield will be included in a LOP. joint training requirements. Under the LOP, upon receipt of ‘‘check Issued in Washington, DC, on August 7, fire’’ or ‘‘stop fire’’ instruction from an 2019. History air traffic control authority, the using Rodger A. Dean Jr., The FAA published a notice of agency will immediately suspend Manager, Airspace Policy Group. proposed rulemaking for Docket No. hazardous activities in all segments of [FR Doc. 2019–17216 Filed 8–12–19; 8:45 am] FAA–2016–9495 in the Federal Register the restricted area. Additionally, upon BILLING CODE 4910–13–P (82 FR 12529; March 6, 2017), proposing confirming all hazardous activities have to establish restricted areas R–2201A, B, ceased, the using agency will inform the C, D, E, F, G, H, and J; Fort Greely, AK. controlling agency (and Allen Army DEPARTMENT OF TRANSPORTATION In response to public comments Airfield, if operating). The using agency expressing concerns over the impact to will not resume hazardous activities Federal Aviation Administration general aviation aircraft, the FAA until after receipt of a ‘‘start fire’’ subsequently published a Supplemental authorization from Allen Army Airfield/ 14 CFR Part 73 NPRM for Docket No. FAA–2016–9495 Anchorage ARTCC. The using agency [Docket No. FAA–2016–9495; Airspace in the Federal Register (83 FR 1316; will release segments of R–2201 to the Docket No. 15–AAL–6] January 11, 2018), that would reduce the controlling agency when use for RIN 2120–AA66 overall size of the proposed restricted designated activities is not anticipated areas by 50 percent and establishing for one or more hours, or when training Establishment of Restricted Areas R– restricted areas R–2201A, B, C, and D; is complete. The using agency shall 2201A, B, C, D; Fort Greely, AK Fort Greely, AK. ensure the status of R–2201 is accurate Interested parties were invited to and current for broadcasts on the AGENCY: Federal Aviation participate in this rulemaking effort by Special Use Airspace Information Administration (FAA), DOT. submitting written comments on the System (SUAIS). SUAIS is the known ACTION: Final rule. supplemental NPRM proposal. Two standard for civil VFR pilots to inquire substantive comments were received about active military airspace. SUMMARY: This action establishes from the Aircraft Owners and Pilots Additionally, civil VFR aircraft can restricted areas R–2201A, R–2201B, R– Association (AOPA). request flight following to assist with 2201C, and R–2201D; Fort Greely, AK, real time access to the restricted areas. on behalf of by the United States Army Discussion of Comments Alaska (USARAK), over the Battle Area The FAA received two comments to Establishment Date Should Be Effective Complex (BAX) and Combined Arms the SNPRM. An individual did not With VFR Sectional Collective Training Facility (CACTF), in address the proposal however, AOPA requested the activation of the the vicinity of Allen Army Airfield, AK. commented on surrounding military new restricted areas should occur The restricted areas contain hazardous operations areas that are outside the concurrently or after the charting of the activities and will be available for joint scope of this action. AOPAs comments airspace on the Sectional Charts. military use, including active, National focused on two main areas of concern: The FAA concurs with AOPA and Guard and Reserve elements. Letter of Agreement/Procedure (LOA/ will make the new restricted areas DATES: Effective date 0901 UTC, October LOP) mitigations for general aviation effective in accordance with guidance to 10, 2019. aircraft and the establishment date the chart on the 56-day cycle, which is FOR FURTHER INFORMATION CONTACT: should be effective with the VFR October 10, 2019. However, the FAA Kenneth Ready, Airspace Policy and sectional. Having considered the issues has mandated to the using agency the

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new restricted areas will not be utilized Environmental Review R–2201A Fort Greely, AK [New] until the VFR sectionals are updated Boundaries. Beginning at lat. 63°58′45″ N, November 7, 2019. The FAA has determined that this long. 145°35′06″ W; to lat. 63°58′08″ N, long. action of establishing restricted areas R– 145°35′05″ W; to lat. 63°57′06″ N, long. The Rule 2201A, R–2201B, R–2201C, and R– 145°30′15″ W; to lat. 63°57′11″ N, long. This action amends Title 14 Code of 2201D at Fort Greely, AK qualifies for 145°39′25″ W; to lat. 63°58′48″ N, long. Federal Regulations (14 CFR) part 73 by FAA adoption in accordance with FAA 145°39′25″ W; to the point of beginning. establishing restricted areas R–2201A, Order 1050.1F, paragraph 8–2, Adoption Designated altitudes. Surface to but not B, C, and D; Fort Greely, AK. Restricted of Other Agencies’ National including 6,000 feet MSL. Environmental Policy Act Documents, Time of designation. 0700–1900 local time areas R–2201A and R–2201C overlie the Monday–Friday; other times by NOTAM 4 Combined Arms Collective Training and FAA Order 7400.2M, paragraph 32– hours in advance. Facility (CACTF), and R–2201B and R– 2–3 (Special Use Airspace). After Controlling agency. FAA, Anchorage 2201D overlie the Battle Area Complex conducting an independent review and ARTCC. (BAX). evaluation of the Army’s Final Using agency. U.S. Army, AK (USARAK), R–2201A: R–2201A is located Environmental Impact Statement (EIS) Commanding General, Joint Base Elmendorf- approximately one nautical mile for The Modernization and Richardson (JBER), AK. southeast of Allen Army Airfield. The Enhancement of Ranges, Airspace, and R–2201B Fort Greely, AK [New] designated altitudes extend from the Training Areas in the Joint Pacific Boundaries. Beginning at lat. 63°57′06″ N, surface to but not including 6,000 feet Alaska Range Complex in Alaska long. 145°30′15″ W; thence clockwise along MSL. The time of designation is ‘‘0700– (JPARC) and Finding Of No Significant a 6.3–NM radius of Allen AAF; to lat. 1900 local time Monday–Friday; other Impact, (which analyzes the impacts of 63°56′14″ N, long. 145°31′17″ W; to lat. times by NOTAM 4 hours in advance.’’ establishing R–2201 at the Battle Area 63°54′54″ N, long. 145°26′55″ W; thence R–2201B: R–2201B is located Complex, expanding R–2205, and south along Granite Creek;to lat. 63°49′36″ N, immediately south of R–2201A. The modifying the legal descriptions of long. 145°34′53″ W; to lat. 63°49′36″ N, long. northern boundary of R–2201B would 145°40′45″ W; thence north along the west Buffalo, Delta 3 and Delta 4 Military ° ′ ″ be the same as the southern boundary of Operations Areas (MOAs)), the FAA has bank of Jarvis Creek; to lat. 63 52 14 N, long. 145°41′49″ W; to lat. 63°52′56″ N, long. R–2201A. R–2201B extends southward determined that the Army’s EIS, Written ° ′ ″ ° ′ ″ ° ′ ″ 145 42 52 W; to lat. 63 55 01 N, long. to latitude 63 49 33 N. The designated Re-Evaluation, and supporting 145°42′52″ W; to lat. 63°56′20″ N, long. altitudes extend from the surface to but documentation adequately assesses and 145°39′26″ W; to lat. 63°57′11″ N, long. not including 6,000 feet MSL. The time discloses the environmental impacts of 145°39′25″ W; to the point of beginning. of designation is ‘‘0700–1900 local time the proposed action. The Army’s JPARC Designated altitudes. Surface to but not Monday–Friday; other times by NOTAM Final EIS was published in June 2013 including 6,000 feet MSL. 4 hours in advance.’’ and the Army/USAF Record of Decision Time of designation. 0700–1900 local time R–2201C: R–2201C overlies R–2201A (ROD) was issued on August 6, 2013. Monday–Friday; other times by NOTAM 4 hours in advance. using the same lateral boundaries. The Based on the evaluation in the Army’s designated altitudes extend from 6,000 Controlling agency. FAA, Anchorage EIS, the FAA, as a Cooperating Agency, ARTCC. feet MSL to 11,000 feet MSL. The time concluded that the EIS qualifies for Using agency. U.S. Army, AK (USARAK), of designation is ‘‘By NOTAM 4 hours adoption by FAA, and that the FAA’s Commanding General, Joint Base Elmendorf- in advance.’’ adoption is authorized in accordance Richardson (JBER), AK. R–2201D: R–2201D overlies R–2201B with 40 CFR 1506.3, Adoption, and FAA R–2201C Fort Greely, AK [New] using the same lateral boundaries. The Order 1050.1F, paragraph 8–2, Adoption Boundaries. Beginning at lat. 63°58′45″ N, designated altitudes extend from 6,000 of Other Agencies’ NEPA Documents. feet MSL to 11,000 feet MSL. The time long. 145°35′06″ W; to lat. 63°58′08″ N, long. Accordingly, FAA adopts the Army’s ° ′ ″ ° ′ ″ of designation is ‘‘By NOTAM 4 hours 145 35 05 W; to lat. 63 57 06 N, long. EIS and takes full responsibility for the ° ′ ″ ° ′ ″ in advance.’’ 145 30 15 W; to lat. 63 57 11 N, long. scope and content that addresses the 145°39′25″ W; to lat. 63°58′48″ N, long. Regulatory Notices and Analyses FAA’s actions associated with the 145°39′25″ W; to the point of beginning. Designated altitudes. 6,000 feet MSL to The FAA has determined that this establishment and modification of Special Use Airspace. 11,000 feet MSL. regulation only involves an established Time of designation. By NOTAM 4 hours body of technical regulations for which List of Subjects in 14 CFR Part 73 in advance. frequent and routine amendments are Controlling agency. FAA, Anchorage necessary to keep them operationally Airspace, Prohibited Areas, Restricted ARTCC. current. It, therefore: (1) Is not a Areas. Using agency. U.S. Army, AK (USARAK), ‘‘significant regulatory action’’ under Adoption of the Amendment Commanding General, Joint Base Elmendorf- Executive Order 12866; (2) is not a Richardson, AK (JBER), AK. ‘‘significant rule’’ under Department of In consideration of the foregoing, the R–2201D Fort Greely, AK [New] Transportation (DOT) Regulatory Federal Aviation Administration Boundaries. Beginning at lat. 63°57′06″ N, Policies and Procedures (44 FR 11034; amends 14 CFR part 73 as follows: long. 145°30′15″ W; thence clockwise along February 26, 1979); and (3) does not a 6.3–NM radius of Allen AAF;to lat. warrant preparation of a regulatory PART 73—SPECIAL USE AIRSPACE 63°56′14″ N, long. 145°31′17″ W; to lat. evaluation as the anticipated impact is 63°54′54″ N, long. 145°26′55″ W; thence so minimal. Since this is a routine ■ 1. The authority citation for part 73 south along Granite Creek;to lat. 63°49′36″ N, continues to read as follows: long. 145°34′53″ W; to lat. 63°49′36″ N, long. matter that only affects air traffic ° ′ ″ procedures and air navigation, it is Authority: 49 U.S.C. 106(f), 106(g); 40103, 145 40 45 W; thence north along the west bank of Jarvis Creek; to lat. 63°52′14″ N, long. certified that this rule, when 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, ° ′ ″ ° ′ ″ 1959–1963 Comp., p. 389. 145 41 49 W; to lat. 63 52 56 N, long promulgated, does not have a significant 145°42′52″ W; to lat. 63°55′01″ N, long. economic impact on a substantial § 73.22 Alaska (Amended) 145°42′52″ W; to lat. 63°56′20″ N, long. number of small entities under the 145°39′26″ W; to lat. 63°57′11″ N, long. criteria of the Regulatory Flexibility Act. ■ 2. § 73.22 is amended as follows: 145°39′25″ W; to the point of beginning.

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Designated altitudes. 6,000 feet MSL to SECURITIES AND EXCHANGE under the Securities Act of 1933 that 11,000 feet MSL. COMMISSION were inadvertently changed; relocates Time of designation. By NOTAM 4 hours certain amendments to the correct item in advance. 17 CFR Parts 229, 232, 239, 249, and numbers in these forms and reinstates Controlling agency. FAA, Anchorage 274 text that was inadvertently removed; ARTCC. [Release No. 33–10618A; 34–85381A; IA– corrects a portion of the exhibit table in Using agency. U.S. Army, AK (USARAK), 5206A; IC–33426A; File No. S7–08–17] Item 601(a) of Regulation S–K to make Commanding General, Joint Base Elmendorf- it consistent with the regulatory text of Richardson (JBER), AK. RIN 3235–AM00 the amendments; and corrects certain * * * * * FAST Act Modernization and typographical errors and a cross- Issued in Washington, DC, on August 7, Simplification of Regulation S–K; reference in the regulatory text of the 2019. Correction amendments. Rodger A. Dean Jr., AGENCY: Securities and Exchange DATES: Effective August 13, 2019. Manager, Airspace Policy Group. Commission. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2019–17220 Filed 8–12–19; 8:45 am] ACTION: Final rule; technical correction. Charles Kwon, Office of Rulemaking, BILLING CODE 4910–13–P Division of Corporation Finance, at SUMMARY: This document makes (202) 551–3430, or Michael C. Pawluk, technical corrections to certain Investment Company Rulemaking amendments to the Commission’s Office, Division of Investment disclosure rules and forms adopted in Management, at (202) 551–6792, U.S. Release No. 33–10618 (March 20, 2019), Securities and Exchange Commission, which was published in the Federal 100 F Street NE, Washington, DC 20549. Register on April 2, 2019. Specifically, this document reinstates certain item SUPPLEMENTARY INFORMATION: We are headings in registration statement forms making technical corrections to:

Commission CFR citation reference (17 CFR)

Regulation S–K ...... §§ 229.10 through 229.1305. Item 202 ...... § 229.202. Item 601 ...... § 229.601. Regulation S–T ...... §§ 232.10 through 232.903. Rule 105 ...... § 232.105. Securities Act of 1933: 1 Form S–1 ...... § 239.11. Form S–3 ...... § 239.13. Form S–6 ...... § 239.16. Form S–11 ...... § 239.18. Form N–14 ...... § 239.23. Form S–4 ...... § 239.25. Form F–1 ...... § 239.31. Form F–3 ...... § 239.33. Form F–4 ...... § 239.34. Form SF–1 ...... § 239.44. Form SF–3 ...... § 239.45. Securities Exchange Act of 1934: 2 Form 10–D ...... § 249.312. Investment Company Act of 1940: 3 Form N–8B–2 ...... § 274.12. Securities Act of 1933 and Investment Company Act of 1940: Form N–1A ...... §§ 239.15A and 274.11A. Form N–2 ...... §§ 239.14 and 274.11a–1. Form N–3 ...... §§ 239.17a and 274.11b. Form N–4 ...... §§ 239.17b and 274.11c. Form N–5 ...... §§ 239.24 and 274.5. Form N–6 ...... §§ 239.17c and 274.11d. 1 15 U.S.C. 77a et seq. 2 15 U.S.C. 78a et seq. 3 15 U.S.C. 80a–1 et seq.

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List of Subjects in 17 CFR Parts 229, PART 229—STANDARD L. 111–203, 124 Stat. 1904 (2010); and sec. 232, 239, 249, and 274 INSTRUCTIONS FOR FILING FORMS 102(c), Pub. L. 112–106, 126 Stat. 310 (2012). UNDER SECURITIES ACT OF 1933, § 229.202 [Amended] Reporting and recordkeeping SECURITIES EXCHANGE ACT OF 1934 requirements, Securities. AND ENERGY POLICY AND ■ 2. Amend § 229.202 in Instruction 3 under ‘‘Instructions to Item 202’’ by For the reasons set out above, we are CONSERVATION ACT OF 1975— REGULATION S–K removing the phrase ‘‘U.S.C. 77aaa et amending title 17, chapter II of the Code seq.’’ and adding in its place ‘‘15 U.S.C. of Federal Regulations as follows: ■ 1. The authority citation for part 229 77aaa et seq.’’ continues to read as follows: ■ 3. Amend § 229.601 by revising Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, entries (4) and (104) to the exhibit table 77k, 77s, 77z–2, 77z–3, 77aa(25), 77aa(26), in paragraph (a) to read as follows: 77ddd, 77eee, 77ggg, 77hhh, 77iii, 77jjj, § 229.601 (Item 601) Exhibits. 77nnn, 77sss, 78c, 78i, 78j, 78j–3, 78l, 78m, 78n, 78n–1, 78o, 78u–5, 78w, 78ll, 78mm, * * * * * 80a–8, 80a–9, 80a–20, 80a–29, 80a–30, 80a– Exhibit Table 31(c), 80a–37, 80a–38(a), 80a–39, 80b–11 and 7201 et seq.; 18 U.S.C. 1350; sec. 953(b), Pub. * * * * * EXHIBIT TABLE

******* (4) Instruments defining the rights of securities holders, including inden- tures, (i) through (v)...... X X X X X X X X X X X X X X X (vi) Description of registrant’s securi- ties ...... X

******* (104) Cover Page Interactive Data File ...... X ...... X X

*******

* * * * * and 80a–37; and sec. 107, Pub. L. 112–106, UNITED STATES SECURITIES AND 126 Stat. 312, unless otherwise noted. EXCHANGE COMMISSION PART 232—REGULATION S–T— * * * * * GENERAL RULES AND REGULATIONS Washington, D.C. 20549 FOR ELECTRONIC FILINGS ■ 7. Amend Form S–1 (referenced in FORM S-3 § 239.11) by revising the heading of Item ■ 4. The authority citation for part 232 3 to read as follows: REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 continues to read in part as follows: Note: The text of Form S–1 does not, and Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, this amendment will not, appear in the Code * * * * * of Federal Regulations. 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 78n, Item 3. Summary Information and Risk 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 80a–29, Factors. 80a–30, 80a–37, and 7201 et seq.; and 18 UNITED STATES SECURITIES AND U.S.C. 1350, unless otherwise noted. EXCHANGE COMMISSION * * * * * * * * * * Washington, D.C. 20549 ■ 9. Amend Form S-6 (referenced in § § 232.105 [Amended] 239.16) by revising the last sentence of FORM S-1 the second paragraph of Additional ■ 5. Amend § 232.105, in paragraph (d), REGISTRATION STATEMENT UNDER Instruction 3 in ‘‘Instructions as to in Instruction 2 under ‘‘Instructions to THE SECURITIES ACT OF 1933 Exhibits’’ to read as follows: paragraph (d)’’, by removing the phrase Note: The text of Form S-6 does not, ‘‘in the case of a foreign private issuer * * * * * (as defined in § 229.405 of this chapter)’’ and this amendment will not, appear in Item 3. Summary Information and Risk the Code of Federal Regulations. and adding in its place ‘‘in the case of Factors. a foreign private issuer (as defined in FORM S-6 § 230.405 of this chapter)’’. * * * * * [FACING SHEET] ■ 8. Amend Form S-3 (referenced in § PART 239—FORMS PRESCRIBED 239.13) by revising the heading of Item FOR REGISTRATION UNDER THE UNDER THE SECURITIES ACT OF 1933 3 to read as follows: SECURITIES ACT OF 1933 OF SECURITIES OF UNIT INVESTMENT ■ Note: The text of Form S-3 does not, 6. The authority citation for part 239 TRUSTS REGISTERED ON FORM N- continues to read in part as follows: and this amendment will not, appear in the Code of Federal Regulations. 8B-2 Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s, 77z–2, 77z–3, 77sss, 78c, 78l, 78m,78n, * * * * * 78o(d), 78o–7 note, 78u–5, 78w(a), 78ll, INSTRUCTIONS AS TO EXHIBITS 78mm, 80a–2(a), 80a–3, 80a–8, 80a–9, 80a– 10, 80a–13, 80a–24, 80a–26, 80a–29, 80a–30, * * * * *

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Additional Instructions: 3. * * * Note: The text of Form F-4 does not, * * * After completing its review of * * * * * and this amendment will not, appear in 3. * * * the supplemental information, the the Code of Federal Regulations. After completing its review of the Commission or its staff will return or destroy it at the request of the registrant, UNITED STATES SECURITIES AND supplemental information, the EXCHANGE COMMISSION Commission or its staff will return or if the registrant complies with the destroy it at the request of the registrant, procedures outlined in Rule 418 (§ Washington, D.C. 20549 if the registrant complies with the 230.418 of this chapter). FORM F-4 * * * * * procedures outlined in Rule 418 (§ REGISTRATION STATEMENT UNDER 230.418 of this chapter). ■ 12. Amend Form S-4 (referenced in § THE SECURITIES ACT OF 1933 * * * * * 239.25) by revising the heading of Item ■ 10. Amend Form S-11 (referenced in 3 to read as follows: * * * * * Note: The text of Form S-4 does not, § 239.18) by revising the second Item 3. Risk Factors and Other and this amendment will not, appear in sentence of the first paragraph of Information. instruction H. under ‘‘General the Code of Federal Regulations. Instructions’’ and the heading of Item 3 * * * * * UNITED STATES SECURITIES AND ■ 16. Amend Form SF-1 (referenced in to read as follows: EXCHANGE COMMISSION Note: The text of Form S-11 does not, § 239.44) by revising Item 2 and Item 3 and this amendment will not, appear in Washington, D.C. 20549 to read as follows: Note: The text of Form SF-1 does not, the Code of Federal Regulations. FORM S-4 and this amendment will not, appear in UNITED STATES SECURITIES AND REGISTRATION STATEMENT UNDER the Code of Federal Regulations. EXCHANGE COMMISSION THE SECURITIES ACT OF 1933 UNITED STATES SECURITIES AND Washington, D.C. 20549 * * * * * EXCHANGE COMMISSION FORM S-11 Item 3. Risk Factors and Other Washington, D.C. 20549 Information. FOR REGISTRATION UNDER THE FORM SF-1 SECURITIES ACT OF 1933 OF * * * * * SECURITIES OF CERTAIN REAL ■ 13. Amend Form F-1 (referenced in § REGISTRATION STATEMENT UNDER ESTATE COMPANIES 239.31) by revising the heading of Item THE SECURITIES ACT OF 1933 * * * * * 3 to read as follows: * * * * * Note: The text of Form F-1 does not, Item 2. Inside Front and Outside Back H. Eligibility to Use Incorporation by and this amendment will not, appear in Cover Pages of Prospectus. Reference the Code of Federal Regulations. * * * Notwithstanding the foregoing, Set forth on the inside front cover UNITED STATES SECURITIES AND page of the prospectus or, where in the financial statements, EXCHANGE COMMISSION incorporating by reference or cross- permitted, on the outside back cover referencing to information outside of the Washington, D.C. 20549 page, the information required by Item financial statements is not permitted FORM F-1 502 of Regulation S-K (17 CFR 229.502). unless otherwise specifically permitted REGISTRATION STATEMENT UNDER Item 3. Transaction Summary and Risk or required by the Commission’s rules THE SECURITIES ACT OF 1933 Factors. or by U.S. Generally Accepted * * * * * Furnish the information required by Accounting Principles or International Items 105 and 503 of Regulation S-K (17 Financial Reporting Standards as issued Item 3. Summary Information and Risk CFR 229.105 and 17 CFR 229.503) and by the International Accounting Factors. Item 1103 of Regulation AB (17 CFR Standards Board, whichever is 229.1103). applicable. * * * * * * * * ■ 14. Amend Form F-3 (referenced in § * * * * * * * * * * 239.33) by revising the heading of Item ■ 17. Amend Form SF-3 (referenced in Item 3. Summary Information and Risk 3 to read as follows: § 239.45) by revising Item 2 and Item 3 Factors. Note: The text of Form F-3 does not, to read as follows: and this amendment will not, appear in Note: The text of Form SF-3 does not, * * * * * the Code of Federal Regulations. and this amendment will not, appear in ■ 11. Amend Form N-14 (referenced in the Code of Federal Regulations. § 239.23) by revising the last sentence UNITED STATES SECURITIES AND of the second paragraph of Instruction 3 EXCHANGE COMMISSION UNITED STATES SECURITIES AND in Item 16 to read as follows: Washington, D.C. 20549 EXCHANGE COMMISSION Note: The text of Form N-14 does not, Washington, D.C. 20549 and this amendment will not, appear in FORM F-3 the Code of Federal Regulations. REGISTRATION STATEMENT UNDER FORM SF-3 FORM N-14 THE SECURITIES ACT OF 1933 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 REGISTRATION STATEMENT UNDER * * * * * * * * * * THE SECURITIES ACT OF 1933 Item 3. Summary Information and Risk * * * * * Factors. Item 2. Inside Front and Outside Back Item 16. Exhibits * * * * * Cover Pages of Prospectus. * * * * * ■ 15. Amend Form F-4 (referenced in Set forth on the inside front cover Instructions: 239.34) by revising the heading of Item page of the prospectus or, where * * * * * 3 to read as follows: permitted, on the outside back cover

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page, the information required by Item Instruction 3 in ‘‘Instructions as to Item 25. Financial Statements and 502 of Regulation S-K (17 CFR 229.502). Exhibits’’ to read as follows: Exhibits Item 3. Transaction Summary and Risk Note: The text of Form N–5 does not, and * * * * * Factors. this amendment will not, appear in the Code 2. Exhibits: of Federal Regulations. * * * * * Furnish the information required by Items 105 and 503 of Regulation S-K (17 FORM N-5 Instructions CFR 229.105 and 17 CFR 229.503) and REGISTRATION STATEMENT OF * * * * * Item 1103 of Regulation AB (17 CFR 6. * * * 229.1103). SMALL BUSINESS INVESTMENT COMPANY UNDER THE SECURITIES * * * After completing its review of * * * * * ACT OF 1933 AND THE INVESTMENT the supplemental information, the COMPANY ACT OF 1940 * Commission or its staff will return or PART 249—FORMS, SECURITIES destroy it at the request of the registrant, EXCHANGE ACT OF 1934 * * * * * if the registrant complies with the procedures outlined in Rule 418 (§ ■ INSTRUCTIONS AS TO EXHIBITS 18. The authority citation for part 249 230.418 of this chapter). continues to read in part as follows: * * * * * * * * * * Authority: 15 U.S.C. 78a et seq. and 7201 Instructions: ■ 24. Amend Form N-3 (referenced in et seq.; 12 U.S.C. 5461 et seq.; 18 U.S.C. 1350; §§ 239.17a and 274.11b) by revising the * * * * * Sec. 953(b), Pub. L. 111-203, 124 Stat. 1904; last sentence of the second paragraph of Sec. 102(a)(3), Pub. L. 112-106, 126 Stat. 309 3. * * * (2012); Sec. 107, Pub. L. 112-106, 126 Stat. Instruction 5 in Item 29(b) to read as 313 (2012), and Sec. 72001, Pub. L. 114-94, * * * After completing its review of follows: 129 Stat. 1312 (2015), unless otherwise the supplemental information, the Note: The text of Form N-3 does not, noted. Commission or its staff will return or and this amendment will not, appear in * * * * * destroy it at the request of the registrant, the Code of Federal Regulations. ■ 19. Amend Form 10-D (referenced in if the registrant complies with the FORM N-3 § 249.312) by revising General procedures outlined in Rule 418 (§ * * * * * Instruction D(2)(d) to read as follows: 230.418 of this chapter). Note: The text of Form 10-D does not, * * * * * Item 29. Financial Statements and and this amendment will not, appear in ■ 22. Amend Form N-1A (referenced in Exhibits the Code of Federal Regulations. §§ 239.15A and 274.11A) by revising * * * * * UNITED STATES SECURITIES AND the last sentence of the second (b) Exhibits: EXCHANGE COMMISSION paragraph of Instruction 4 in Item 28 to * * * * * read as follows: Washington, D.C. 20549 Instructions Note: The text of Form N-1A does not, FORM 10-D and this amendment will not, appear in * * * * * the Code of Federal Regulations. 5. * * * ASSET-BACKED ISSUER * * * After completing its review of DISTRIBUTION REPORT PURSUANT FORM N-1A the supplemental information, the TO SECTION 13 OR 15(d) OF THE * * * * * Commission or its staff will return or SECURITIES EXCHANGE ACT OF 1934 destroy it at the request of the registrant, GENERAL INSTRUCTIONS Item 28. Exhibits if the registrant complies with the * * * * * * * * * * procedures outlined in Rule 418 (§ 230.418 of this chapter). D. * * * Instructions (2) * * * * * * * * (d) Exchange Act Rule 12b-23 (17 CFR * * * * * ■ 25. Amend Form N-4 (referenced in 240.12b-23) (additional rule on 4. * * * §§ 239.17b and 274.11c) by revising the incorporation by reference for reports last sentence of the second paragraph of * * * After completing its review of Instruction 5 in Item 24(b) to read as filed pursuant to Sections 13 and 15(d) the supplemental information, the of the Act). follows: Commission or its staff will return or Note: The text of Form N-4 does not, * * * * * destroy it at the request of the registrant, and this amendment will not, appear in if the registrant complies with the the Code of Federal Regulations. PART 274—FORMS PRESCRIBED procedures outlined in Rule 418 (§ UNDER THE INVESTMENT COMPANY 230.418 of this chapter). FORM N-4 ACT OF 1940 * * * * * * * * * * ■ 20. The authority citation for part 274 ■ 23. Amend Form N-2 (referenced in Item 24. Financial Statements and continues to read in part as follows: §§ 239.14 and 274.11a-1) by revising the Exhibits Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, last sentence of the second paragraph of * * * * * 78c(b), 78l, 78m, 78n, 78o(d), 80a–8, 80a–24, Instruction 6 in Item 25.2 to read as (b) Exhibits: 80a–26, 80a–29, and Pub. L. 111–203, sec. follows: * * * * * 939A, 124 Stat. 1376 (2010), unless otherwise Note: The text of Form N-2 does not, noted. and this amendment will not, appear in Instructions * * * * * the Code of Federal Regulations. * * * * * ■ 21. Amend Form N–5 (referenced in 5. * * * §§ 239.24 and 274.5) by revising the last FORM N-2 * * * After completing its review of sentence of the second paragraph of * * * * * the supplemental information, the

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Commission or its staff will return or Dated: August 6, 2019. This rule is one of 20 separate destroy it at the request of the registrant, Vanessa A. Countryman, component Privacy rules. With the if the registrant complies with the Secretary. finalization of the DoD-level Privacy procedures outlined in Rule 418 [FR Doc. 2019–17138 Filed 8–12–19; 8:45 am] rule at 32 CFR part 310, the Department (§ 230.418 of this chapter). BILLING CODE P eliminated the need for this component * * * * * Privacy rule, thereby reducing costs to the public as explained in the preamble ■ 26. Amend Form N-6 (referenced in DEPARTMENT OF DEFENSE of the DoD-level Privacy rule published §§ 239.17c and 274.11d) by revising the on April 11, 2019, at 84 FR 14728– last sentence of the second paragraph of Office of the Secretary 14811. Instruction 3 in Item 26 to read as This rule is not significant under follows: 32 CFR Part 317 Executive Order (E.O.) 12866, Note: The text of Form N-6 does not, ‘‘Regulatory Planning and Review.’’ and this amendment will not, appear in [Docket ID: DOD–2019–OS–0039] Therefore, E.O. 13771, ‘‘Reducing the Code of Federal Regulations. RIN 0790–AK63 Regulation and Controlling Regulatory Costs’’ does not apply. FORM N-6 DCAA Privacy Act Program List of Subjects in 32 CFR Part 317 * * * * * AGENCY: Defense Contract Audit Privacy. Item 26. Exhibits Agency, DoD. ACTION: Final rule. SUMMARY: This final rule removes PART 317—[REMOVED] * * * * * DoD’s regulation concerning the Defense ■ Accordingly, by the authority of 5 Instructions: Contract Audit Agency (DCAA) Privacy Program. On April 11, 2019, the U.S.C. 301, 32 CFR part 317 is removed. * * * * * Department of Defense published a Dated: August 6, 2019. 3. * * * revised DoD-level Privacy Program rule, Aaron T. Siegel, * * * After completing its review of which contains the necessary Alternate OSD Federal Register Liaison the supplemental information, the information for an agency-wide privacy Officer, Department of Defense. Commission or its staff will return or program regulation under the Privacy [FR Doc. 2019–17162 Filed 8–12–19; 8:45 am] destroy it at the request of the registrant, Act and now serves as the single Privacy BILLING CODE 5001–06–P if the registrant complies with the Program rule for the Department. That procedures outlined in Rule 418 (§ revised Privacy Program rule also 230.418 of this chapter). includes all DoD component exemption DEPARTMENT OF HOMELAND rules. Therefore, this part is now SECURITY * * * * * unnecessary and may be removed from ■ 27. Amend Form N-8B-2 (referenced the CFR. Coast Guard in § 274.12) by revising the last sentence DATES: This rule is effective on August of the second paragraph of Instruction 3 13, 2019. 33 CFR Part 138 in ‘‘IX Exhibits’’ to read as follows: FOR FURTHER INFORMATION CONTACT: [Docket No. USCG–2019–0392] Note: The text of Form N-8B-2 does Keith Mastromichalis, 571–448–3153. RIN 1625–AC53 not, and this amendment will not, SUPPLEMENTARY INFORMATION: DoD now appear in the Code of Federal has a single DoD-level Privacy Program Consumer Price Index Adjustments of Regulations. rule at 32 CFR part 310 (84 FR 14728) Oil Pollution Act of 1990 Limits of FORM N-8B-2 that contains all the codified Liability—Vessels, Deepwater Ports information required for the and Onshore Facilities REGISTRATION STATEMENT OF Department. The DCAA Privacy Act UNIT INVESTMENT TRUSTS WHICH Program regulation at 32 CFR part 317, AGENCY: Coast Guard, DHS. ARE CURRENTLY ISSUING last updated on March 10, 2015 (80 FR ACTION: Final rule. SECURITIES 12559), is no longer required and can be SUMMARY: The Coast Guard is issuing removed. * * * * * this final rule to adjust the limits of It has been determined that liability for vessels, deepwater ports, IX publication of this CFR part removal for and onshore facilities under the Oil public comment is impracticable, EXHIBITS Pollution Act of 1990 (OPA 90), as unnecessary, and contrary to public amended, to reflect the increase in the * * * * * interest since it is based on the removal Consumer Price Index since 2015. These of policies and procedures that are Instructions: regulatory inflation increases to the either now reflected in another CFR limits of liability are required by OPA * * * * * part, 32 CFR 310, or are publicly 90 and are necessary to preserve the available on the Department’s website. 3. * * * deterrent effect and ‘‘polluter pays’’ To the extent that DCAA internal principle embodied in the Act. This * * * After completing its review of guidance concerning the update promotes the Coast Guard’s the supplemental information, the implementation of the Privacy Act missions of maritime safety and Commission or its staff will return or within DCAA is necessary, it will stewardship. destroy it at the request of the registrant, continue to be published in ‘‘The if the registrant complies with the Privacy Act, an Employee Guide to DATES: This final rule is effective on procedures outlined in Rule 418 Privacy,’’ available at http:// November 12, 2019. (§ 230.418 of this chapter). www.dcaa.mil/Content/Documents/ ADDRESSES: Documents mentioned in * * * * * Privacy_Act_Guide.pdf (March 1, 2016). this rule are available in our online

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docket at http://www.regulations.gov and damages incurred by the technical.3 Prior notice and comment is and can be viewed by entering ‘‘USCG– responsible parties and third-party also unnecessary when there is no need 2019–0392’’ in the search field and claimants in excess of the applicable to allow ‘‘affected parties an following the website’s instructions. limit of liability. The statutory limits of opportunity to participate in agency FOR FURTHER INFORMATION CONTACT: For liability for vessels and three types of decision making early in the process, information about this document call or facilities are set forth in OPA 90: (1) when the agency is more likely to email Benjamin White, Coast Guard; Onshore facilities, (2) deepwater ports, consider alternative ideas,’’ 4 and where telephone (202) 795–6066, email and (3) offshore facilities other than Congress requires an agency to perform [email protected]. deepwater ports. In addition, to prevent a non-discretionary act, and where no SUPPLEMENTARY INFORMATION: the real value of the OPA 90 statutory extent of notice or commentary could limits of liability from depreciating over have altered the obligation of the Table of Contents for Preamble time as a result of inflation, and to agency. In this instance, a proposed rule I.Abbreviations preserve the ‘‘polluter pays’’ principle, is unnecessary because the adjustment II. Basis and Purpose, and Regulatory History OPA 90 requires that the limits of in the limit of liability is mandated by III. Background and Justification for Final liability be adjusted ‘‘not less than every statute, and is therefore non- Rule 3 years’’ to reflect significant increases discretionary for the Coast Guard. IV. Calculation for the Adjustment in the Consumer Price Index (CPI).1 Furthermore, the methodology for V. Regulatory Analyses The Coast Guard is responsible for determining the amount is defined in A. Regulatory Planning and Review adjusting the limits of liability for the Coast Guard’s regulations, and the B. Small Entities C. Assistance for Small Entities vessels, deepwater ports, and onshore regulations in 33 CFR 138.240(a) D. Collection of Information facilities. The Department of the provide that inflation adjustments to the E. Federalism Interior’s Bureau of Ocean Energy limits of liability for vessels, deepwater F. Unfunded Mandates Reform Act Management (BOEM) is responsible for ports, and onshore facilities will be G. Taking of Private Property adjusting the limits of liability for implemented through final rulemaking.5 H. Civil Justice Reform offshore facilities. Regarding vessels and The full legislative and regulatory I. Protection of Children deepwater ports, the Coast Guard history for the OPA 90 limit of liability J. Indian Tribal Governments adjusted the limits of liability in 2009 inflation adjustments can be found in K. Energy Effects 2 L. Technical Standards (74 FR 31357) and in 2015 (80 FR the rulemaking preamble for the last M. Environment 72342). Regarding onshore facilities, inflation adjustment in the final rule USCG adjusted the limits of liability found at 80 FR 72342. I. Abbreviations only once, in 2015 (80 FR 72342), after IV. Calculation for the Adjustment BLS Bureau of Labor Statistics the President issued Executive Order BOEM Bureau of Ocean Energy 13638, which restated and simplified The Coast Guard is issuing this final Management the delegations in Executive Order rule to update the OPA 90 limits of CPI Consumer Price Index 12777, section 4, and vested the liability for vessels, deepwater ports, CPI–U Consumer Price Index—All Urban authority to make CPI adjustments to and onshore facilities, as set forth in 33 Consumers, Not Seasonally Adjusted, U.S. the onshore facility statutory limit of CFR part 138, subpart B, to reflect City Average, All Items, 1982–84 = 100 significant increases in the CPI since the DHS Department of Homeland Security liability in ‘‘the Secretary of the Department in which the Coast Guard is limits were last adjusted. OPA 90 FR Federal Register requires adjustments to the limits of NPRM Notice of proposed rulemaking operating.’’ The Secretary of the OMB Office of Management and Budget Department of Homeland Security liability not less than every 3 years to OPA90 Oil Pollution Act of 1990 (DHS) delegated that authority to the reflect significant increases in the CPI. U.S.C. United States Code Coast Guard. Regarding offshore The method for calculating these § Section facilities, BOEM published a final rule adjustments is set forth in 33 CFR and adjusted the limits of liability for 138.240. II. Basis and Purpose, and Regulatory This final rule provides these periodic History offshore facilities in 2018 (83 FR 2540) from $133,650,000 to $137,659,500. inflation adjustments to the limits of Under the Oil Pollution Act of 1990 liability to reflect changes in the CPI (OPA 90) (33 U.S.C. 2701, et seq.), the III. Background and Justification for since the limits were last adjusted for responsible parties for any vessel (other Final Rule inflation in 2015 (80 FR 72342). As than a public vessel) or facility from The Coast Guard is promulgating this provided in 33 CFR 138.240, we which oil is discharged, or which poses rule pursuant to the provisions of Title a substantial threat of discharge of oil, I of OPA, Executive Order 12777, as 3 Northern Arapahoe Tribe v. Hodel, 808 F.2d into or upon the navigable waters or the 741, 751 (10th Cir. 1987). amended, and Coast Guard regulations 4 adjoining shorelines or the exclusive Id. in Title 33 of the Code of Federal 5 In the NPRM for the 2015 adjustment, titled economic zone of the United States are Regulations (CFR) part 138, subpart B— Consumer Price Index Adjustments of Oil Pollution strictly liable, jointly and severally, OPA 90 Limits of Liability (Vessels, Act of 1990 Limits of Liability-Vessels, Deepwater under 33 U.S.C. 2702 (a) and (b), for the Deepwater Ports and Onshore Ports and Onshore Facilities, the Coast Guard removal costs and damages that result proposed a simplified regulatory procedure for Facilities). Under 5 U.S.C. 553(b)(B), the making future inflation updates to the OPA 90 from such incident. Under 33 U.S.C. Coast Guard has good cause for issuing limits of liability. Under that procedure in new 33 2704 (a), the responsible parties’ this final rule without notice or CFR 138.240(a), the Director of NPFC publishes the liability with respect to OPA 90 and any inflation-adjusted limits of liability in the Federal comment as providing notice and Register as final rule amendments to 33 CFR one incident is limited, subject to comment is unnecessary. Prior notice 138.230. Further, the preamble of that NPRM stated certain exceptions specified in 33 U.S.C. and comment is ‘‘unnecessary’’ when that ‘‘[b]ecause the adjustment methodology was 2704 (c). the change is minor or merely established by the CPI–1 Rule, and the simplified In the instances when a limit of [regulatory] procedure will be established by this rulemaking, publication of an NPRM would not be liability applies, the Oil Spill Liability 1 33 U.S.C. 2704(d)(4). necessary for these future mandated inflation Trust Fund (‘‘the Fund’’) is available to 2 The 2009 interim rule was adopted without adjustments.’’ 79 FR 49206 at 49211; August 19, compensate the OPA 90 removal costs change as a final rule in 2010 (75 FR 750). 2014.

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calculate limit of liability adjustments, 2. Formula to derive the new limit of the Annual CPI–U used as the ‘‘current using the Consumer Price Index—All liability, applying the percent change in period’’ value when the limits of Urban Consumers, Not Seasonally the Annual CPI–U: New Limit of liability were last adjusted in 2015. Adjusted, U.S. City Average, All Items, Liability = Previous Limit of Liability + Applying the formula in Item 1 above, 1982–84=100 (CPI–U) values published (Previous Limit of Liability × Percent we have determined that there was a 6.1 by the Bureau of Labor Statistics (BLS), Change in CPI), then rounded to the percent increase in the Annual CPI–U as follows— closest $100. since the OPA 90 limits of liability for 1. Formula to calculate the percent For this update, we used the 2018 vessels, deepwater ports, and onshore change in the Annual CPI–U: Percent Annual CPI–U value of 251.107 as the facilities were last adjusted. Table 1 change in the Annual CPI–U = [(Annual ‘‘current period’’ value, which is the below shows the previous and new CPI–U for current period ¥ Annual most recent Annual CPI–U published by CPI–U for previous period) ÷ Annual the BLS.6 The Coast Guard used the limits of liability derived by applying CPI–U for previous period] × 100, then 2014 Annual CPI–U value of 236.736 as the percent increase using the formula rounded to one decimal place. the ‘‘previous period’’ value, which was in Item 2 above.

TABLE 1—CPI-ADJUSTED LIMITS OF LIABILITY

Percent increase in Source category Previous limit the annual New CPI-adjusted of liability CPI–U limit of liability (percent)

§ 138.230(a) Vessels

(1) The OPA 90 limits of liability for tank vessels, other than ...... edible oil tank vessels and oil spill response vessels, are—. (i) For a single-hull tank vessel greater than 3,000 gross The greater of $3,500 per 6.1 The greater of $3,700 per tons 7. gross ton or $25,845,600. gross ton or $27,422,200. (ii) For a tank vessel greater than 3,000 gross tons, other The greater of $2,200 per 6.1 The greater of $2,300 per than a single-hull tank vessel. gross ton or $18,796,800. gross ton or $19,943,400. (iii) For a single-hull tank vessel less than or equal to 3,000 The greater of $3,500 per 6.1 The greater of $3,700 per gross tons. gross ton or $7,048,800. gross ton or $7,478,800. (iv) For a tank vessel less than or equal to 3,000 gross tons, The greater of $2,200 per 6.1 The greater of $2,300 per other than a single-hull tank vessel. gross ton or $4,699,200. gross ton or $4,985,900. (2) The OPA 90 limits of liability for any vessel other than a The greater of $1,100 per 6.1 The greater of $1,200 per vessel listed in subparagraph (a)(1) of § 138.230, including gross ton or $939,800. gross ton or $997,100. for any edible oil tank vessel and any oil spill response, vessel, are—.

§ 138.230(b) Deepwater ports

(1) The OPA 90 limit of liability for any deepwater port, in- $633,850,000 ...... 6.1 $672,514,900. cluding for any component pipelines, other than a deep- water port listed in subparagraph (b)(2) of § 138.230, is—. (2) The OPA 90 limits of liability for deepwater ports with lim- ...... its of liability established by regulation under OPA 90 (33 U.S.C. 2704(d)(2)), including for any component pipelines, are—. (i) For the Louisiana Offshore Oil Port (LOOP) ...... $96,366,600 ...... 6.1 $102,245,000. (ii) [Reserved] ...... N/A ...... N/A N/A

§ 138.230(c) Onshore facilities

The OPA 90 limit of liability for onshore facilities, including, $633,850,000 ...... 6.1 $672,514,900. but not limited to, any motor vehicle, rolling stock or on- shore pipeline, is—.

V. Regulatory Analyses A. Regulatory Planning and Review (including potential economic, environmental, public health and safety Executive Orders 12866 (Regulatory We developed this rule after effects, distributive impacts, and considering numerous statutes and Planning and Review) and 13563 (Improving Regulation and Regulatory equity). Executive Order 13563 Executive orders related to rulemaking. emphasizes the importance of A summary of our analyses based on Review) direct agencies to assess the costs and benefits of available regulatory quantifying costs and benefits, reducing these statutes or Executive orders costs, harmonizing rules, and promoting follows. alternatives and, if regulation is necessary, to select regulatory flexibility. Executive Order 13771 approaches that maximize net benefits (Reducing Regulation and Controlling

6 https://www.bls.gov/cpi/tables/supplemental- subject to the jurisdiction of the United States, OPA 90 continues to specify limits of liability for files/historical-cpi-u-201905.pdf. including the Exclusive Economic Zone, carrying single-hull tank vessels. The Coast Guard, therefore, 7 As of January 1, 2015, tank vessels not equipped oil in bulk as cargo or cargo residue; and there are continues to adjust those limits of liability for with a double hull can no longer operate on waters no waivers or extensions of the deadline. However, inflation.

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Regulatory Costs) directs agencies to U.S.C. 2704(d)(4)). This final rule and the Regional Small Business reduce regulation and control regulatory requires responsible parties to Regulatory Fairness Boards. The costs and provides that ‘‘for every one internalize inflation, thereby benefitting Ombudsman evaluates these actions new regulation issued, at least two prior the public, because the appropriate annually and rates each agency’s regulations be identified for elimination, amount of removal costs and damages responsiveness to small business. If you and that the cost of planned regulations are borne by the responsible party. The wish to comment on actions by be prudently managed and controlled liability risk will not shift from the employees of the Coast Guard, call 1– through a budgeting process.’’ responsible party to the public and the 888–REG–FAIR (1–888–734–3247). The Office of Management and Budget Fund. This helps preserve the ‘‘polluter D. Collection of Information (OMB) has not designated this rule a pays’’ principle as intended by Congress significant regulatory action under and preserves the Fund for its other The Paperwork Reduction Act of section 3(f) of Executive Order 12866. authorized uses. Absent CPI 1995, (44 U.S.C. 3501–3520) requires Accordingly, OMB has not reviewed it. adjustments, a responsible party gains that the Coast Guard consider the Because this rule is not a significant an advantage not intended by OPA 90. impact of paperwork and other regulatory action, this rule is exempt Without inflation incorporated into the information collection burdens imposed from the requirements of Executive determination of the applicable limit of on the public. The Coast Guard had Order 13771. See the OMB liability, the responsible party determined that there is no new Memorandum titled ‘‘Guidance ultimately pays a reduced percentage of requirement for information collection Implementing Executive Order 13771, the total incident costs. Hence, this final associated with this final rule. titled ‘Reducing Regulation and rule ensures that the limits of liability E. Federalism Controlling Regulatory Costs’ ’’ (April 5, are adjusted according to inflation and 2017). A regulatory analysis (RA) remain constant over time. A rule has implications for federalism follows. under Executive Order 13132 As was the case with the BOEM B. Small Entities (Federalism) if it has a substantial direct rulemaking increasing the limits of Under the Regulatory Flexibility Act, effect on States, on the relationship liability for offshore facilities, this final 5 U.S.C. 601–612, we have considered between the national government and rule is an update to the limit of liability whether this rule will have a significant the States, or on the distribution of for vessels, deepwater ports, and economic impact on a substantial power and responsibilities among the onshore facilities under OPA 90.8 This number of small entities. The term various levels of government. We have rule does not increase the regulatory ‘‘small entities’’ comprises small analyzed this rule under Executive burden on regulated entities when businesses, not-for-profit organizations Order 13132 and have determined that measured in constant or real dollars. that are independently owned and it is consistent with the fundamental This final rule simply maintains the operated and are not dominant in their federalism principles and preemption value of the limit of liability set by OPA fields, and governmental jurisdictions requirements described in Executive 90 by updating the limit of liability for with populations of less than 50,000. Order 13132. inflation, as required by OPA 90 in 33 The Regulatory Flexibility Act does This final rule makes necessary U.S.C. 2704(d)(4). not apply when notice and comment adjustments to the OPA 90 limits of rulemaking is not required. This rule is liability to reflect significant increases Regulatory Cost not preceded by a notice of proposed in the CPI. Nothing in this final rule This final rule increases the limits of rulemaking (NPRM). Therefore, it is affects the preservation of State liability under OPA 90 for vessels, exempt from the requirements of the authorities under 33 U.S.C. 2718, deepwater ports, and onshore facilities Regulatory Flexibility Act (5 U.S.C. including the authority of any State to by 6.1 percent. The Coast Guard does 601–612). Furthermore, this rulemaking impose additional liability or financial not expect Certificate of Financial is statutorily mandated. Pursuant to responsibility requirements with respect Responsibility guarantor insurance established procedure in 33 CFR to discharges of oil within such State. premiums for vessels to increase as a 138.240(a), an NPRM is unnecessary. Therefore, this final rule has no result of this rule. This final rule will Therefore, the Coast Guard has implications for federalism. only affect vessels, deepwater ports, and determined that a Regulatory Flexibility The Coast Guard recognizes the key onshore facilities that have an OPA 90 Analysis does not apply to this role that State and local governments incident that exceeds their existing limit rulemaking. may have in making regulatory of liability. The Coast Guard estimates determinations. Additionally, for rules that this final rule will affect, at most, C. Assistance for Small Entities with federalism implications and three vessels per year. We estimate that Under section 213(a) of the Small preemptive effect, Executive Order the rule could also affect one deepwater Business Regulatory Enforcement 13132 specifically directs agencies to port and one onshore facility over a 10- Fairness Act of 1996, Public Law 104– consult with State and local year period. In such a case, the 121, we offer to assist small entities in governments during the rulemaking maximum amount of additional liability understanding this rule so that they can process. The Coast Guard invites anyone will represent a maintenance of the better evaluate its effects on them and who believes this rule has implications value of the limits of liability set by participate in the rulemaking. The Coast for federalism under Executive Order OPA 90. Guard will not retaliate against small 13132 to contact the person listed in the Regulatory Benefit entities that question or complain about FOR FURTHER INFORMATION section of this this rule or any policy or action of the preamble. This rulemaking ensures that the OPA Coast Guard. 90 limits of liability keep pace with Small businesses may send comments F. Unfunded Mandates Reform Act inflation as required by OPA 90 (33 on the actions of Federal employees The Unfunded Mandates Reform Act who enforce, or otherwise determine of 1995, 2 U.S.C. 1531–1538, requires 8 Documents from the BOEM rulemaking are compliance with, Federal regulations to Federal agencies to assess the effects of available at https://www.regulations.gov by entering ‘‘BOEM–2017–0048’’ in the search field and the Small Business and Agriculture their discretionary regulatory actions. In following the website’s instructions. Regulatory Enforcement Ombudsman particular, the Act addresses actions

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that may result in the expenditure by a these standards would be inconsistent Department of Homeland Security Delegation State, local, or tribal government, in the with applicable law or otherwise Nos. 0170.1 and 5110, Revision 01. Section aggregate, or by the private sector of impractical. Voluntary consensus 138.30 also issued under the authority of 46 $100 million (adjusted for inflation) or standards are technical standards (e.g., U.S.C. 2103 and 14302. more in any one year. Although this rule specifications of materials, performance, Subpart B—OPA 90 Limits of Liability will not result in such an expenditure, design, or operation; test methods; (Vessels, Deepwater Ports and we do discuss the effects of this rule sampling procedures; and related Onshore Facilities) elsewhere in this preamble. management systems practices) that are developed or adopted by voluntary § 138.230 [Amended] G. Taking of Private Property consensus standards bodies. ■ 2. Amend § 138.230 as follows: This rule will not cause a taking of This rule does not use technical ■ a. In paragraph (a)(1)(i), remove the private property or otherwise have standards. Therefore, we did not text ‘‘$3,500 per gross ton or taking implications under Executive consider the use of voluntary consensus $25,845,600’’ and add, in its place, the Order 12630 (Governmental Actions and standards. text ‘‘$3,700 per gross ton or Interference with Constitutionally M. Environment $27,422,200’’; Protected Property Rights). ■ b. In paragraph (a)(1)(ii), remove the We have analyzed this rule under H. Civil Justice Reform text ‘‘$2,200 per gross ton or Department of Homeland Security $18,796,800’’ and add, in its place, the This rule meets applicable standards Management Directive 023–01 and text ‘‘$2,300 per gross ton or in sections 3(a) and 3(b)(2) of Executive Environmental Planning COMDTINST $19,943,400’’; Order 12988 (Civil Justice Reform), to 5090.1 (series), which guide the Coast ■ c. In paragraph (a)(1)(iii), remove the minimize litigation, eliminate Guard in complying with the National text ‘‘$3,500 per gross ton or ambiguity, and reduce burden. Environmental Policy Act of 1969 (42 $7,048,800’’ and add, in its place, the I. Protection of Children U.S.C. 4321–4370f), and have made a text ‘‘$3,700 per gross ton or preliminary determination that this We have analyzed this rule under $7,478,800’’; action is one of a category of actions that ■ d. In paragraph (a)(1)(iv), remove the Executive Order 13045 (Protection of do not individually or cumulatively text ‘‘$2,200 per gross ton or Children from Environmental Health have a significant effect on the human $4,699,200’’ and add, in its place, the Risks and Safety Risks). This rule is not environment. This final rule is text ‘‘$2,300 per gross ton or an economically significant rule and categorically excluded under paragraph $4,985,900’’; will not create an environmental risk to L53 of Appendix A, Table 1 of DHS ■ e. In paragraph (a)(2), remove the text health or risk to safety that might Instruction Manual 023–01–001–01, ‘‘$1,100 per gross ton or $939,800’’ and disproportionately affect children. Rev. 01. Paragraph L53 pertains to add, in its place, the text ‘‘$1,200 per J. Indian Tribal Governments congressionally mandated regulations gross ton or $997,100’’; designed to improve or protect the ■ This rule does not have tribal f. In paragraph (b)(1) remove the text environment. This rule adjusts the ‘‘$633,850,000’’ and add, in its place, implications under Executive Order limits of liability for vessels, deepwater 13175 (Consultation and Coordination the text ‘‘$672,514,900’’; ports, and onshore facilities to reflect ■ g. In paragraph (b)(2)(i), remove the with Indian Tribal Governments), significant increases in the CPI using the text ‘‘$96,366,000’’ and add, in its place, because it will not have a substantial methodology established in 33 CFR the text ‘‘$102,245,000’’; and direct effect on one or more Indian 138.40(a) and mandated by statute. The ■ h. In paragraph (c), remove the text tribes, on the relationship between the Coast Guard certifies this rule will not ‘‘$633,850,000’’ and add, in its place, Federal Government and Indian tribes, have significant environmental impacts. the text ‘‘$672,514,900’’. or on the distribution of power and responsibilities between the Federal List of Subjects in 33 CFR Part 138 Dated: July 22, 2019. Government and Indian tribes. Hazardous materials transportation, Thomas G. Allan, Assistant Commandant for Resources, United K. Energy Effects Insurance, Oil pollution, Reporting and recordkeeping requirements, Surety States Coast Guard. We have analyzed this final rule bonds, Vessels, Water pollution control. [FR Doc. 2019–17234 Filed 8–12–19; 8:45 am] under Executive Order 13211 (Actions BILLING CODE 9110–04–P Concerning Regulations That For the reasons discussed in the Significantly Affect Energy Supply, preamble, the Coast Guard amends 33 Distribution, or Use). We have CFR part 138 as follows: DEPARTMENT OF HOMELAND determined that it is not a ‘‘significant PART 138—FINANCIAL SECURITY energy action’’ under that order because RESPONSIBILITY FOR WATER Coast Guard it is not a ‘‘significant regulatory action’’ POLLUTION (VESSELS) AND OPA 90 under Executive Order 12866 and is not LIMITS OF LIABILITY (VESSELS, 33 CFR Part 165 likely to have a significant adverse effect DEEPWATER PORTS AND ONSHORE on the supply, distribution, or use of FACILITIES) [Docket Number USCG–2019–0669] energy. ■ RIN 1625–AA00 L. Technical Standards 1. The authority citation for part 138 continues to read as follows: The National Technology Transfer Safety Zone; Toledo Country Club and Advancement Act, codified as a Authority: 33 U.S.C. 2704, 2716, 2716a; 42 Fireworks, Maumee River, Toledo, OH U.S.C. 9608, 9609; 6 U.S.C. 552; E.O. 12580, note to 15 U.S.C. 272, directs agencies Sec. 7(b), 3 CFR, 1987 Comp., p. 193; E.O. AGENCY: Coast Guard, DHS. to use voluntary consensus standards in 12777, Secs. 4 and 5, 3 CFR, 1991 Comp., p. ACTION: Temporary final rule. their regulatory activities unless the 351, as amended by E.O. 13286, Sec. 89, 3 agency provides Congress, through CFR, 2004 Comp., p. 166, and by E.O. 13638, SUMMARY: The Coast Guard is OMB, with an explanation of why using Sec. 1, 3 CFR, 2014 Comp., p.227; establishing a temporary safety zone for

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navigable waters on the Maumee River Under 5 U.S.C. 553(d)(3), the Coast alternatives and, if regulation is near the Toledo Country Club in Toledo, Guard finds that good cause exists for necessary, to select regulatory OH. The safety zone is necessary to making this rule effective less than 30 approaches that maximize net benefits. protect persons, vessels, and the marine days after publication in the Federal Executive Order 13771 directs agencies environment from potential hazards Register. Waiting for a 30-day effective to control regulatory costs through a associated with fireworks displays period to run is impracticable and budgeting process. This rule has not created by the Toledo Country Club contrary to the public interest for the been designated a ‘‘significant Fireworks event on the Maumee River. reasons discussed in the preceding regulatory action,’’ under Executive Entry of vessels or persons into this paragraph. Order 12866. Accordingly, this rule has zone is prohibited unless specifically not been reviewed by the Office of authorized by the Captain of the Port Management and Budget (OMB), and Detroit, or his designated representative. III. Legal Authority and Need for Rule pursuant to OMB guidance it is exempt DATES: This regulation is effective from The Coast Guard is issuing this rule from the requirements of Executive 8:30 p.m. until 9:15 p.m. on August 17, under authority in 46 U.S.C. 70034 Order 13771. 2019. (previously 33 U.S.C. 1231). The This regulatory action determination Captain of the Port Detroit (COTP) has is based on the size, location, and ADDRESSES: To view documents duration of the safety zone. Vessel mentioned in this preamble as being determined that potential hazards associated with fireworks displays will traffic will be able to safely transit available in the docket, go to https:// around this safety zone which would www.regulations.gov, type USCG–2019– be a safety concern for anyone within a 250 foot radius of the launch site. The impact a small designated area of the 0669 in the ‘‘SEARCH’’ box and click Maumee River for a period of 45 ‘‘SEARCH.’’ Click on Open Docket likely combination of recreational vessels, darkness punctuated by bright minutes during the evening when vessel Folder on the line associated with this traffic is normally low. Moreover, the rule. flashes of light, and fireworks debris falling into the water presents risks of Coast Guard would issue a Broadcast FOR FURTHER INFORMATION CONTACT: If collisions which could result in serious Notice to Mariners via VHF–FM marine you have questions about this rule, call injuries or fatalities. This rule is needed channel 16 about the zone, and the rule or email MSTC Allie Lee, Waterways to protect personnel, vessels, and the would allow vessels to seek permission Department, Marine Safety Unit Toledo, marine environment in the navigable to enter the zone. Coast Guard; telephone (419) 418–6023, waters within the safety zone during the B. Impact on Small Entities email [email protected]. fireworks display. SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act of IV. Discussion of the Rule 1980, 5 U.S.C. 601–612, as amended, I. Table of Abbreviations This rule establishes a safety zone that requires Federal agencies to consider CFR Code of Federal Regulations will be enforced from 8:30 p.m. until the potential impact of regulations on DHS Department of Homeland Security 9:15 p.m. on August 17, 2019. The small entities during rulemaking. The FR Federal Register safety zone will encompass all U.S. term ‘‘small entities’’ comprises small NPRM Notice of proposed rulemaking navigable waters of the Maumee River businesses, not-for-profit organizations § Section within a 250 foot radius of the fireworks that are independently owned and U.S.C. United States Code launch site located at position 41°35′38″ operated and are not dominant in their II. Background Information and N 083°35′48.6″ W. All geographic fields, and governmental jurisdictions Regulatory History coordinates are North American Datum with populations of less than 50,000. of 1983 (NAD 83). The Coast Guard certifies under 5 U.S.C. The Coast Guard is issuing this The duration of the zone is intended 605(b) that this rule will not have a temporary rule without prior notice and to protect personnel, vessels, and the significant economic impact on a opportunity to comment pursuant to marine environment in these navigable substantial number of small entities. authority under section 4(a) of the waters during the fireworks display. While some owners or operators of Administrative Procedure Act (APA) (5 Entry into, transiting, or anchoring vessels intending to transit the safety U.S.C. 553(b)). This provision within the safety zone is prohibited zone may be small entities, for the authorizes an agency to issue a rule unless authorized by the Captain of the reasons stated in section V.A above, this without prior notice and opportunity to Port, Sector Detroit or his designated rule will not have a significant comment when the agency for good representative. The Captain of the Port, economic impact on any vessel owner cause finds that those procedures are Sector Detroit or his designated or operator. ‘‘impracticable, unnecessary, or contrary representative may be contacted via Under section 213(a) of the Small to the public interest.’’ Under 5 U.S.C. VHF Channel 16. The regulatory text Business Regulatory Enforcement 553(b)(B), the Coast Guard finds that appears at the end of this document. Fairness Act of 1996 (Pub. L. 104–121), good cause exists for not publishing a we want to assist small entities in notice of proposed rulemaking (NPRM) V. Regulatory Analyses understanding this rule. If the rule with respect to this rule because the We developed this rule after would affect your small business, event sponsor notified the Coast Guard considering numerous statutes and organization, or governmental with insufficient time to accommodate Executive orders related to rulemaking. jurisdiction and you have questions the comment period. Thus, delaying the Below we summarize our analyses concerning its provisions or options for effective date of this rule to wait for the based on a number of these statutes and compliance, please contact the person comment period to run would be Executive orders, and we discuss First listed in the FOR FURTHER INFORMATION impracticable and contrary to the public Amendment rights of protestors. CONTACT section. interest because it would prevent the Small businesses may send comments Captain of the Port Detroit from keeping A. Regulatory Planning and Review on the actions of Federal employees the public safe from the hazards Executive Orders 12866 and 13563 who enforce, or otherwise determine associated with a maritime fireworks direct agencies to assess the costs and compliance with, Federal regulations to displays. benefits of available regulatory the Small Business and Agriculture

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Regulatory Enforcement Ombudsman F. Environment coordinates are North American Datum of 1983 (NAD 83). and the Regional Small Business We have analyzed this rule under (b) Enforcement Period. This Regulatory Fairness Boards. The Department of Homeland Security regulation will be enforced from 8:30 Ombudsman evaluates these actions Directive 023–01 and Environmental p.m. until 9:15 p.m. on August 17, 2019. annually and rates each agency’s Planning COMDTINST 5090.1 (series), The Captain of the Port Detroit, or a responsiveness to small business. If you which guide the Coast Guard in designated representative may suspend wish to comment on actions by complying with the National enforcement of the safety zone at any employees of the Coast Guard, call 1– Environmental Policy Act of 1969 (42 time. 888–REG–FAIR (1–888–734–3247). The U.S.C. 4321–4370f), and have (c) Regulations. (1) In accordance with Coast Guard will not retaliate against determined that this action is one of a the general regulations in § 165.23 of small entities that question or complain category of actions that do not this part, entry into, transiting or about this rule or any policy or action individually or cumulatively have a anchoring within this safety zone is of the Coast Guard. significant effect on the human prohibited unless authorized by the environment. This rule involves a safety C. Collection of Information Captain of the Port Detroit, or his zone lasting only 45 minutes that will designated representative. This rule will not call for a new prohibit entry within 250 foot radius of (2) This safety zone is closed to all where the fireworks display will be collection of information under the vessel traffic, except as may be conducted. It is categorically excluded Paperwork Reduction Act of 1995 (44 permitted by the Captain of the Port from further review under paragraph U.S.C. 3501–3520). Detroit or his designated representative. L[60](a) in Table 3–1 of U.S. Coast (3) The ‘‘designated representative’’ of D. Federalism and Indian Tribal Guard Environmental Planning the Captain of the Port Detroit is any Governments Implementing Procedures 5090.1. A Coast Guard commissioned, warrant, or Record of Environmental Consideration A rule has implications for federalism petty officer who has been designated supporting this determination is under Executive Order 13132, by the Captain of the Port Detroit to act available in the docket where indicated Federalism, if it has a substantial direct on his behalf. The designated under ADDRESSES. effect on the States, on the relationship representative of the Captain of the Port between the national government and G. Protest Activities Detroit will be aboard either a Coast the States, or on the distribution of The Coast Guard respects the First Guard or Coast Guard Auxiliary vessel. power and responsibilities among the Amendment rights of protesters. The Captain of the Port Detroit or his various levels of government. We have Protesters are asked to contact the designated representative may be contacted via VHF Channel 16. analyzed this rule under that Order and person listed in the FOR FURTHER (4) Vessel operators desiring to enter have determined that it is consistent INFORMATION CONTACT section to with the fundamental federalism coordinate protest activities so that your or operate within the safety zone shall principles and preemption requirements message can be received without contact the Captain of the Port Detroit described in Executive Order 13132. jeopardizing the safety or security of or his designated representative to obtain permission to do so. Vessel Also, this rule does not have tribal people, places or vessels. operators given permission to enter or implications under Executive Order List of Subjects in 33 CFR Part 165 operate in the safety zone must comply 13175, Consultation and Coordination with all directions given to them by the with Indian Tribal Governments, Harbors, Marine safety, Navigation (water), Reporting and recordkeeping Captain of the Port Detroit or his because it does not have a substantial designated representative. direct effect on one or more Indian requirements, Security measures, tribes, on the relationship between the Waterways. Dated: August 7, 2019. Federal Government and Indian tribes, For the reasons discussed in the Jeffrey W. Novak, or on the distribution of power and preamble, the Coast Guard amends 33 Captain, U.S. Coast Guard, Captain of the responsibilities between the Federal CFR part 165 as follows: Port Detroit. Government and Indian tribes. If you [FR Doc. 2019–17259 Filed 8–12–19; 8:45 am] believe this rule has implications for PART 165—REGULATED NAVIGATION BILLING CODE 9110–04–P federalism or Indian tribes, please AREAS AND LIMITED ACCESS AREAS contact the person listed in the FOR ■ 1. The authority citation for part 165 FURTHER INFORMATION CONTACT section ENVIRONMENTAL PROTECTION continues to read as follows: above. AGENCY Authority: 46 U.S.C. 70034, 70051; 33 CFR E. Unfunded Mandates Reform Act 1.05–1, 6.04–1, 6.04–6, and 160.5; 40 CFR Part 52 Department of Homeland Security Delegation The Unfunded Mandates Reform Act No. 0170.1. [EPA–R06–OAR–2018–0811; FRL–9997–58– of 1995 (2 U.S.C. 1531–1538) requires Region 6] ■ 2. Add § 165.T09–0669 to read as Federal agencies to assess the effects of follows: Air Plan Approval; Texas; Control of their discretionary regulatory actions. In Air Pollution From Motor Vehicles particular, the Act addresses actions § 165.T09–0669 Safety Zone; Toledo that may result in the expenditure by a Country Club Fireworks, Maumee River, AGENCY: Environmental Protection State, local, or tribal government, in the Toledo, OH. Agency (EPA). aggregate, or by the private sector of (a) Location. The following area is a ACTION: Partial withdrawal of direct $100,000,000 (adjusted for inflation) or temporary safety zone: All U.S. final rule. more in any one year. Though this rule navigable waters of the Maumee River will not result in such an expenditure, within a 250 foot radius of the fireworks SUMMARY: The Environmental Protection we do discuss the effects of this rule launch site located at position 41°35′38″ Agency (EPA) is withdrawing a portion elsewhere in this preamble. N 083°35′48.6″ W. All geographic of a direct final rule published on June

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6, 2019, because relevant adverse September 4, 2019, as provided in the this determination of adequacy must be comments were received. The rule direct final action at 84 FR 26349. received on or before October 15, 2019. pertained to EPA approval of revisions List of Subjects in 40 CFR Part 52 ADDRESSES: Submit your comments, to the Texas State Implementation Plan identified by Docket ID No. EPA–R05– (SIP) submitted by the Texas Environmental protection, Air RCRA–2019–0319, by one of the Commission on Environmental Quality. pollution control, Incorporation by following methods: The revisions remove rules from the reference, Ozone, Volatile organic • www.regulations.gov: Follow the Texas SIP that address motor vehicle compounds. on-line instructions for submitting anti-tampering requirements and the Dated: August 1, 2019. comments. • Low Income Repair Assistance Program David Gray, Email: [email protected]. • (LIRAP) for certain participating Acting Regional Administrator, Region 6. Mail: Julie Schilf, U.S. EPA Region counties. In a separate subsequent final 5, Land, Chemicals and Redevelopment rulemaking, EPA will address the ■ Accordingly, amendatory instruction Division, 77 West Jackson Boulevard portion of the direct final rule on which 2 from the direct final rule published in LM–16J, Chicago, Illinois 60604. relevant adverse comments were the Federal Register on June 6, 2019 (84 Instructions: Identify your comments received. FR 26349), which was to become as relating to Docket ID No. EPA—R05– effective on September 4, 2019, is RCRA–2019–0319. EPA’s policy is that DATES: Effective August 13, 2019, the withdrawn. all comments received will be included EPA withdraws amendatory instruction in the public docket without change and 2 from the direct final rule published on [FR Doc. 2019–16934 Filed 8–12–19; 8:45 am] may be available online at June 6, 2019, at 84 FR 26349. BILLING CODE 6560–50–P www.regulations.gov, including any FOR FURTHER INFORMATION CONTACT: personal information provided, unless Carrie Paige, EPA Region 6 Office, 214– ENVIRONMENTAL PROTECTION the comment includes information 665–6521, [email protected]. AGENCY claimed to be Confidential Business SUPPLEMENTARY INFORMATION: Information or claimed to be other Throughout this document ‘‘we,’’ ‘‘us,’’ 40 CFR Part 258 information whose disclosure is and ‘‘our’’ means the EPA. On June 6, restricted by statute. [EPA–R05–RCRA–2019–0319; FRL–9997– 2019, we published a direct final rule to FOR FURTHER INFORMATION, CONTACT: 83–Region 5] approve revisions to the Texas SIP to Julie Schilf, U.S. EPA Region 5, Land, remove two rules from the Texas SIP. Determination of Adequacy of Chemicals and Redevelopment Division, The revisions remove 30 TAC 114, Wisconsin’s Research, Development 77 West Jackson Boulevard LM–16J, Subchapter B (the Motor Vehicle Anti- and Demonstration Permit Provisions Chicago, Illinois 60604, (312) 886–0407, tampering Requirements) in its entirety; for Municipal Solid Waste Landfills [email protected]. and 30 TAC 114, Section 114.86 (the SUPPLEMENTARY INFORMATION: LIRAP for Participating Early Action AGENCY: Environmental Protection Compact (EAC) Counties) from the SIP Agency (EPA). A. Background (see 84 FR 26349, June 6, 2019). The ACTION: Notification of approval. On March 22, 2004, EPA issued a direct final rule was published without final rule amending the MSWLF criteria prior proposal because we anticipated SUMMARY: On May 10, 2016, EPA in 40 CFR 258 to allow for RD&D no adverse comments. We stated in the revised the maximum permit term for permits (69 FR 13242). This rule allows direct final rule that if we received Municipal Solid Waste Landfills for variances from specified criteria for relevant adverse comments by July 8, (MSWLF) units operating under a limited period of time, to be 2019, we would publish a timely Research, Development and implemented through state-issued withdrawal in the Federal Register. We Demonstration (RD&D) permits. The RD&D permits. RD&D permits are received relevant adverse comments on revision allows states to increase the available only in states with approved the portion of the direct final rule number of RD&D permit renewals MSWLF permit programs that have been regarding our approval of revisions to issued to six, 3-year permit renewals, for modified to incorporate RD&D permit the Texas SIP to remove rules from the a total permit term of up to 21 years. On authority. On May 10, 2016, EPA Texas SIP that address the LIRAP for May 6, 2019, Wisconsin Department of revised the maximum permit term for Participating EAC Counties at 30 TAC Natural Resources (WDNR) submitted a MSWLF units operating under RD&D 114, Section 114.86 and accordingly are notification to EPA Region 5 seeking permits (81 FR 28720). The revision withdrawing that portion of the direct Federal approval of its revised RD&D allows states to increase the number of final rule on which adverse comments requirements per the procedures in RD&D permit renewals issued to six, 3- were received. In a separate subsequent Requirements for State Permit Program year permit renewals, for a total permit final rulemaking, we will address the Determination of Adequacy. Subject to term of up to 21 years (40 CFR 258.4). comments received. The portion of the public review and comment, this While states are not required to direct final rule approving revisions to document approves Wisconsin’s revised incorporate this new provision, those remove 30 TAC 114, Subchapter B (the RD&D permit requirements. states interested in providing RD&D Motor Vehicle Anti-tampering DATES: This determination of adequacy permits must seek approval from EPA Requirements) 1 in its entirety from the of the RD&D permit program for before issuing such permits. On January Texas SIP received only supportive Wisconsin are effective October 15, 2019 10, 2006, Wisconsin received EPA comments and will be effective on unless adverse comments are received. approval of its RD&D permit program If adverse comments are received, EPA (71 FR 3293). On May 6, 2019, WDNR 1 Due to an apparent oversight, 30 TAC 114 will review those comments and submitted a notification to EPA Region Subchapter B (Motor Vehicle Anti-Tampering publish another Federal Register 5 seeking Federal approval of its revised Requirements) was not included in Table (c) ‘‘EPA Approved Regulations in the Texas SIP’’ at 40 CFR document responding to those RD&D requirements per the procedures 52.2270, so there is no amendatory instruction in comments and either affirm or revise in 40 CFR 239.12. Wisconsin’s revised the direct final rule to remove those provisions. EPA’s initial decision. Comments on RD&D provisions can be found in

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Chapter NR 514 of the Wisconsin persons and vessels subject to U.S. landing large medium or giant BFT by Administrative Code, as amended by the jurisdiction are found at 50 CFR part persons aboard vessels permitted in the Wisconsin Natural Resources Board 635. Section 635.27 subdivides the U.S. Atlantic tunas General category and WA–06–18. BFT quota recommended by the HMS Charter/Headboat category (while International Commission for the fishing commercially) must cease at B. Decision Conservation of Atlantic Tunas (ICCAT) 11:30 p.m. local time on August 9, 2019. EPA has made a determination that among the various domestic fishing The General category will reopen the Wisconsin RD&D permit provisions categories, per the allocations automatically on September 1, 2019, for in Chapter NR 514 of the Wisconsin established in the 2006 Consolidated the September 2019 subperiod. The Administrative Code, as amended, Highly Migratory Species Fishery intent of this closure is to prevent comply with the Federal criteria set Management Plan (2006 Consolidated overharvest of the June through August forth in 40 CFR 258.4. HMS FMP) (71 FR 58058, October 2, subquota. Authority: This action is issued under the 2006) and amendments. Fishermen may catch and release (or authority of Sections 2002, 4005 and 4010(c) NMFS is required, under tag and release) BFT of all sizes, subject of the Solid Waste Disposal Act, as amended, § 635.28(a)(1), to file a closure notice to the requirements of the catch-and- 40 U.S.C. 6912, 6945 and 6949(a). with the Office of the Federal Register release and tag-and-release programs at Dated: July 17, 2019. for publication when a BFT quota (or § 635.26. All BFT that are released must subquota) is reached or is projected to be handled in a manner that will Cathy Stepp, be reached. On and after the effective maximize their survival, and without Regional Administrator, Region 5. date and time of such notification, for removing the fish from the water, [FR Doc. 2019–17123 Filed 8–12–19; 8:45 am] the remainder of the fishing year or for consistent with requirements at BILLING CODE 6560–50–P a specified period as indicated in the § 635.21(a)(1). For additional notification, retaining, possessing, or information on safe handling, see the landing BFT under that quota category ‘‘Careful Catch and Release’’ brochure DEPARTMENT OF COMMERCE is prohibited until the opening of the available at https:// subsequent quota period or until such www.fisheries.noaa.gov/resource/ National Oceanic and Atmospheric date as specified in the notice. outreach-and-education/careful-catch- Administration The 2019 base quota for the General and-release-brochure/. category is 555.7 mt. See § 635.27(a). 50 CFR Part 635 Each of the General category time Monitoring and Reporting [Docket No. 180117042–8884–02] periods (January, June through August, NMFS will continue to monitor the September, October through November, BFT fisheries closely. Dealers are RIN 0648–XT013 and December) is allocated a subquota required to submit landing reports or portion of the annual General within 24 hours of a dealer receiving Atlantic Highly Migratory Species; category quota. The baseline subquotas BFT. Late reporting by dealers Atlantic Bluefin Tuna Fisheries for each time period are as follows: 29.5 compromises NMFS’ ability to timely AGENCY: National Marine Fisheries mt for January; 277.9 mt for June implement actions such as quota and Service (NMFS), National Oceanic and through August; 147.3 mt for retention limit adjustment, as well as Atmospheric Administration (NOAA), September; 72.2 mt for October through closures, and may result in enforcement Commerce. November; and 28.9 mt for December. actions. Additionally, and separate from ACTION: Temporary rule; closure of the We previously adjusted the January the dealer reporting requirement, General category June through August subquota upwards to 100 mt through General and HMS Charter/Headboat fishery for 2019. three inseason quota transfers (83 FR category vessel owners are required to 67140, December 28, 2018; 84 FR 3724, report the catch of all BFT retained or SUMMARY: NMFS closes the General February 13, 2019; and 84 FR 6701, discarded dead within 24 hours of the category fishery for large medium and February 28, 2019) (although it is called landing(s) or end of each trip, by giant (i.e., measuring 73 inches curved the ‘‘January’’ subquota, the regulations accessing hmspermits.noaa.gov, using fork length or greater) Atlantic bluefin currently allow landings to continue the HMS Catch Reporting app, or calling tuna (BFT) for the June through August until the subquota is reached, or until (888) 872–8862 (Monday through Friday subquota time period until the General March 31, whichever comes first). from 8 a.m. until 4:30 p.m.). category reopens on September 1, 2019. Based on the best available landings Depending on the level of fishing The intent of this closure is to prevent information for the General category effort and catch rates of BFT, NMFS overharvest of the June through August BFT fishery, NMFS has determined that may determine that additional subquota. the June through August subquota of adjustments are necessary to ensure 277.9 mt is projected to be reached DATES: Effective 11:30 p.m., local time, available subquotas are not exceeded or August 9, 2019, through August 31, soon. As of August 6, reported landings to enhance scientific data collection total approximately 246 mt, and average 2019. from, and fishing opportunities in, all catch rates are approximately 9.4 mt/ geographic areas. If needed, subsequent FOR FURTHER INFORMATION CONTACT: Brad day. Therefore the General category adjustments will be published in the McHale, 978–281–9260, or Larry Redd, fishery should be closed to avoid Federal Register. In addition, fishermen 301–420–8503. exceeding the subquota. This action may call the Atlantic Tunas Information SUPPLEMENTARY INFORMATION: applies to Atlantic tunas General Line at (978) 281–9260, or access Regulations implemented under the category (commercial) permitted vessels hmspermits.noaa.gov, for updates on authority of the Atlantic Tunas and HMS Charter/Headboat category quota monitoring and inseason Convention Act (ATCA; 16 U.S.C. 971 et permitted vessels with a commercial adjustments. seq.) and the Magnuson-Stevens Fishery sale endorsement when fishing Conservation and Management Act commercially for BFT and is taken Classification (Magnuson-Stevens Act; 16 U.S.C. 1801 consistent with the regulations at The Assistant Administrator for et seq.) governing the harvest of BFT by § 635.28(a)(1). Retaining, possessing, or NMFS (AA) finds that it is impracticable

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and contrary to the public interest to action would be contrary to the public This action is being taken under 50 provide prior notice of, and an interest as it could result in BFT CFR 635.28(a)(1) (BFT fishery closures), opportunity for public comment on, this landings exceeding the June through and is exempt from review under action for the following reasons: August subquota, which could result in Executive Order 12866. The regulations implementing the the need to reduce quota for the General 2006 Consolidated HMS FMP and category later in the year and thus could Authority: 16 U.S.C. 971 et seq. and 1801 et seq. amendments provide for inseason affect later fishing opportunities. retention limit adjustments and fishery Therefore, the AA finds good cause Dated: August 8, 2019. closures to respond to the unpredictable under 5 U.S.C. 553(b)(B) to waive prior Jennifer M. Wallace, nature of BFT availability on the fishing notice and the opportunity for public Acting Director, Office of Sustainable grounds, the migratory nature of this comment. For all of the above reasons, Fisheries, National Marine Fisheries Service. species, and the regional variations in there is good cause under 5 U.S.C. [FR Doc. 2019–17327 Filed 8–8–19; 4:15 pm] the BFT fishery. These fisheries are 553(d) to waive the 30-day delay in BILLING CODE 3510–22–P currently underway, and delaying this effectiveness.

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Proposed Rules Federal Register Vol. 84, No. 156

Tuesday, August 13, 2019

This section of the FEDERAL REGISTER 1. Federal eRulemaking Portal: http:// ApplianceStandardsQuestions@ contains notices to the public of the proposed www.regulations.gov. Follow the ee.doe.gov. issuance of rules and regulations. The instructions for submitting comments. Ms. Celia Sher, U.S. Department of purpose of these notices is to give interested 2. Email: MWO2017STD0023@ Energy, Office of the General Counsel, persons an opportunity to participate in the rule making prior to the adoption of the final ee.doe.gov. Include the docket number GC–33, 1000 Independence Avenue SW, rules. EERE–2017–BT–STD–0023 in the Washington, DC 20585–0121. subject line of the message. Telephone: (202) 287–6122. Email: 3. Postal Mail: Appliance and [email protected]. DEPARTMENT OF ENERGY Equipment Standards Program, U.S. For further information on how to Department of Energy, Building submit a comment, or review other 10 CFR Part 430 Technologies Office, Mailstop EE–5B, public comments and the docket contact 1000 Independence Avenue SW, the Appliance and Equipment [EERE–2017–BT–STD–0023] Washington, DC 20585–0121. Standards Program staff at (202) 287– Telephone: (202) 287–1445. If possible, 1445 or by email: Energy Conservation Program: Energy please submit all items on a compact ApplianceStandardsQuestions@ Conservation Standards for Microwave disc (‘‘CD’’), in which case it is not ee.doe.gov. Ovens necessary to include printed copies. SUPPLEMENTARY INFORMATION: 4. Hand Delivery/Courier: Appliance AGENCY: Office of Energy Efficiency and and Equipment Standards Program, U.S. Table of Contents Renewable Energy, Department of Department of Energy, Building Energy. I. Introduction Technologies Office, 950 L’Enfant Plaza A. Authority and Background ACTION: Request for information. SW, 6th Floor, Washington, DC 20024. B. Rulemaking Process Telephone: (202) 287–1445. If possible, II. Request for Information and Comments SUMMARY: The U.S. Department of please submit all items on a CD, in A. Products Covered by This Rulemaking Energy (‘‘DOE’’) is initiating an effort to which case it is not necessary to include B. Market and Technology Assessment determine whether to amend the current printed copies. 1. Test Procedure energy conservation standards for 2. Product Classes No telefacsimilies (faxes) will be 3. Technology Assessment microwave ovens. Under the Energy accepted. For detailed instructions on Policy and Conservation Act of 1975, as C. Screening Analysis submitting comments and additional D. Engineering Analysis amended, DOE must review these information on this process, see section 1. Baseline Efficiency Levels standards at least once every six years III of this document. 2. Maximum Available and Maximum and publish either a notice of proposed Docket: The docket for this activity, Technologically Feasible Levels rulemaking (‘‘NOPR’’) to propose new which includes Federal Register 3. Manufacturer Production Costs and standards for microwave ovens or a notices, comments, and other Manufacturing Selling Price E. Distribution Channels and Markups notice of determination that the existing supporting documents/materials, is standards do not need to be amended. Analysis available for review at http:// F. Energy Use Analysis This request for information (‘‘RFI’’) www.regulations.gov. All documents in solicits information from the public to G. Repair and Maintenance Costs the docket are listed in the http:// H. Shipments help DOE determine whether amended www.regulations.gov index. However, I. National Impact Analysis standards for microwave ovens would some documents listed in the index, J. Manufacturer Impact Analysis result in significant energy savings and such as those containing information K. Other Energy Conservation Standards whether such standards would be that is exempt from public disclosure, Topics technologically feasible and may not be publicly available. 1. Market Failures economically justified. DOE welcomes 2. Other The docket web page can be found at III. Submission of Comments written comments from the public on https://www.regulations.gov/ any subject within the scope of this docket?D=EERE-2017-BT-STD-0023. I. Introduction document (including topics not raised The docket web page contains in this RFI). Microwave ovens are included in the instructions on how to access all list of ‘‘covered products’’ for which DATES: Written comments and documents, including public comments, DOE is authorized to establish and information are requested and will be in the docket. See section III for amend energy conservation standards accepted on or before September 27, information on how to submit and test procedures. (42 U.S.C. 2019. comments through http:// 6292(a)(10)) DOE’s energy conservation www.regulations.gov. ADDRESSES: Interested persons are standards for microwave ovens are encouraged to submit comments using FOR FURTHER INFORMATION CONTACT: Dr. prescribed at 10 CFR 430.32(j)(3). The the Federal eRulemaking Portal at Stephanie Johnson, U.S. Department of following sections discuss DOE’s http://www.regulations.gov. Follow the Energy, Office of Energy Efficiency and authority to establish and amend energy instructions for submitting comments. Renewable Energy, Building conservation standards for microwave Alternatively, interested persons may Technologies Office, EE–5B, 1000 ovens, as well as relevant background submit comments, identified by docket Independence Avenue SW, Washington, information regarding DOE’s number EERE–2017–BT–STD–0023, by DC 20585–0121. Telephone: (202) 287– consideration of energy conservation any of the following methods: 1943. Email: standards for this product.

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A. Authority and Background products, including microwave ovens, decision consistent with its obligations The Energy Policy and Conservation at that time. 63 FR 48038. Additionally, under EPCA. DOE completed the second rulemaking Act of 1975, as amended (‘‘EPCA’’),1 B. Rulemaking Process among other things, authorizes DOE to cycle and published a final rule on regulate the energy efficiency of a April 8, 2009, in which it determined, DOE must follow specific statutory number of consumer products and among other things, that standards for criteria for prescribing new or amended industrial equipment. (42 U.S.C. 6291– microwave oven active mode energy use standards for covered products. EPCA 6317) Title III, Part B 2 of EPCA were still not justified. 74 FR 16040 requires that any new or amended established the Energy Conservation (‘‘April 2009 Final Rule’’). Most energy conservation standard prescribed Program for Consumer Products Other recently, DOE published a final rule on by the Secretary be designed to achieve Than Automobiles. These products June 17, 2013, adopting energy the maximum improvement in energy or include kitchen ranges and ovens, conservation standards for microwave water efficiency that is technologically including microwave ovens that are the oven standby mode and off mode. 78 FR feasible and economically justified. (42 subject of this document. (42 U.S.C. 36316 (‘‘June 2013 Final Rule’’). The U.S.C. 6295(o)(2)(A)) To determine 6292(a)(10)) current energy conservation standards whether a standard is economically Under EPCA, DOE’s energy for microwave ovens are located at 10 justified, EPCA requires that DOE conservation program consists CFR 430.32(j)(3). The currently determine whether the benefits of the essentially of four parts: (1) Testing, (2) applicable DOE test procedures for standard exceed its burdens by labeling, (3) Federal energy conservation microwave ovens appear at 10 CFR part considering, to the greatest extent standards, and (4) certification and 430, subpart B, appendix I (‘‘Appendix practicable, the following seven factors: I’’). enforcement procedures. Relevant (1) The economic impact of the provisions of EPCA specifically include EPCA also requires that, not later than 6 years after the issuance of any final standard on the manufacturers and definitions (42 U.S.C. 6291), test consumers of the affected products; procedures (42 U.S.C. 6293), labeling rule establishing or amending a (2) The savings in operating costs provisions (42 U.S.C. 6294), energy standard, DOE must publish either a throughout the estimated average life of conservation standards (42 U.S.C. 6295), notice of determination that the the product compared to any increases and the authority to require information standards for the product do not need to in the initial cost, or maintenance and reports from manufacturers (42 be amended, or a NOPR including new expenses; U.S.C. 6296). proposed energy conservation standards Federal energy efficiency (proceeding to a final rule, as (3) The total projected amount of requirements for covered products appropriate). (42 U.S.C. 6295(m)(1)) energy and water (if applicable) savings established under EPCA generally EPCA further provides that, not later likely to result directly from the supersede State laws and regulations than 3 years after the issuance of a final standard; concerning energy conservation testing, determination not to amend standards, (4) Any lessening of the utility or the labeling, and standards. (42 U.S.C. DOE must publish either a notice of performance of the products likely to 6297(a)–(c)) DOE may, however, grant determination that standards for the result from the standard; waivers of Federal preemption in product do not need to be amended, or (5) The impact of any lessening of limited instances for particular State a NOPR including new proposed energy competition, as determined in writing laws or regulations, in accordance with conservation standards (proceeding to a by the Attorney General, that is likely to the procedures and other provisions set final rule, as appropriate). (42 U.S.C. result from the standard; forth under 42 U.S.C. 6297(d). 6295(m)(3)(B)) DOE must make the (6) The need for national energy and EPCA prescribed energy conservation analysis on which the determination is water conservation; and standards for kitchen ranges and ovens, based publicly available and provide an and directed DOE to conduct two cycles opportunity for written comment. (42 (7) Other factors the Secretary of of rulemakings to determine whether to U.S.C. 6295(m)(2)) In making a Energy (Secretary) considers relevant. amend standards for these products. (42 determination, DOE must evaluate (42 U.S.C. 6295(o)(2)(B)(i)(I)–(VII)) U.S.C. 6295(h)(2)(A)–(B)) DOE whether more stringent standards would DOE fulfills these and other completed the first of these rulemaking (1) yield a significant savings in energy applicable requirements by conducting cycles by publishing a final rule on use and (2) be both technologically a series of analyses throughout the September 8, 1998, that codified the feasible and economically justified. (42 rulemaking process. Table I.1 shows the prescriptive standard established in U.S.C. 6295(m)(1)(A)) individual analyses that are performed EPCA,3 but found that no standards DOE is publishing this RFI to collect to satisfy each of the requirements were justified for electric cooking data and information to inform its within EPCA.

TABLE I.1—EPCA REQUIREMENTS AND CORRESPONDING DOE ANALYSIS

EPCA requirement Corresponding DOE analysis

Technological Feasibility ...... • Market and Technology Assessment. • Screening Analysis. • Engineering Analysis. Economic Justification:

1 All references to EPCA in this document refer 2 For editorial reasons, upon codification in the equipped with a constant burning pilot for products to the statute as amended through America’s Water U.S. Code, Part B was redesignated Part A. manufactured on or after January 1, 1990. (42 U.S.C. Infrastructure Act of 2018, Public Law 115–270 3 EPCA requires that gas kitchen ranges and ovens 6295(h)(1)) (October 23, 2018). having an electrical supply cord shall not be

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TABLE I.1—EPCA REQUIREMENTS AND CORRESPONDING DOE ANALYSIS—Continued

EPCA requirement Corresponding DOE analysis

1. Economic impact on manufacturers and consumers ...... • Manufacturer Impact Analysis. • Life-Cycle Cost and Payback Period Analysis. • Life-Cycle Cost Subgroup Analysis. • Shipments Analysis. 2. Lifetime operating cost savings compared to increased cost for • Markups Analysis. the product. • Energy Use Analysis. • Life-Cycle Cost and Payback Period Analysis. 3. Total projected energy savings ...... • Shipments Analysis. • National Impact Analysis. 4. Impact on utility or performance ...... • Screening Analysis. • Engineering Analysis. 5. Impact of any lessening of competition ...... • Manufacturer Impact Analysis. 6. Need for national energy and water conservation ...... • Shipments Analysis. • National Impact Analysis. 7. Other factors the Secretary considers relevant ...... • Employment Impact Analysis. • Utility Impact Analysis. • Emissions Analysis. • Monetization of Emission Reductions Benefits. • Regulatory Impact Analysis.

As detailed throughout this RFI, DOE should propose a ‘‘no new standard’’ For the purpose of the energy is publishing this document seeking determination because a more stringent conservation standards, further input and data from interested parties to standard: (1) Would not result in a distinction is made as to whether a aid in the development of the technical significant savings of energy; (2) is not microwave oven is a ‘‘microwave-only analyses on which DOE will ultimately technologically feasible; (3) is not oven,’’ ‘‘countertop convection rely to determine whether (and if so, economically justified; or (4) any microwave oven,’’ ‘‘built-in microwave how) to amend the standards for combination of foregoing. oven,’’ or an ‘‘over-the-range convection microwave ovens. microwave oven.’’ 10 CFR 430.32(j)(3). A. Products Covered by This ‘‘Built-in’’ means the product is II. Request for Information and Rulemaking enclosed in surrounding cabinetry, Comments This RFI covers those products that walls, or other similar structures on at In the following sections, DOE has meet the definition of ‘‘microwave least three sides, and can be supported identified a variety of issues on which oven,’’ as codified at 10 CFR 430.2. The by surrounding cabinetry or the floor. it seeks input to aid in the development definition for microwave ovens was Section 1.2 of Appendix I. ‘‘Microwave- of the technical and economic analyses most recently amended in a test only,’’ ‘‘countertop,’’ and ‘‘over-the- regarding whether amended standards procedure final rule published on range’’ are not explicitly defined. for microwave ovens may be warranted. January 18, 2013. 78 FR 4015. Issue A.1 DOE requests comment on Additionally, DOE welcomes comments Specifically, as codified, ‘‘microwave whether the definitions for ‘‘microwave on other issues relevant to the conduct oven’’ means a category of cooking oven,’’ ‘‘convection microwave oven,’’ of this rulemaking that may not products which is a household cooking and ‘‘built-in’’ (as that term pertains to specifically be identified in this appliance consisting of a compartment microwave ovens) require any document. In particular, DOE notes that designed to cook or heat food by means revisions—and if so, how those under Executive Order 13771, of microwave energy, including definitions should be revised. ‘‘Reducing Regulation and Controlling microwave ovens with or without Issue A.2 DOE requests comment on Regulatory Costs,’’ Executive Branch thermal elements designed for surface whether definitions are necessary for agencies such as DOE are directed to browning of food and convection ‘‘microwave-only,’’ ‘‘countertop,’’ and manage the costs associated with the microwave ovens. This includes any ‘‘over-the-range’’ and if so how those imposition of expenditures required to microwave oven(s) component of a terms should be defined. DOE requests comply with Federal regulations. 82 FR combined cooking product.4 10 CFR comment on whether additional product 9339. Consistent with that Executive 430.2. definitions are necessary to close any Order, DOE encourages the public to Additionally, DOE’s regulations at 10 potential gaps in coverage between provide input on measures DOE could CFR 430.2 define a ‘‘convection product types. DOE also seeks input on take to lower the cost of its regulations microwave oven’’ as a microwave oven whether such products currently exist applicable to microwave ovens while that incorporates convection features in the market or whether they are being remaining consistent with the and any other means of cooking in a planned for introduction. DOE also requirements of EPCA. single compartment. requests comment on opportunities to Further, DOE seeks comment on combine product classes that could whether there have been sufficient 4 reduce regulatory burden. technological or market changes since Section 1.3 of Appendix I defines ‘‘combined cooking product’’ as a household cooking appliance B. Market and Technology Assessment the most recent standards update that that combines a cooking product with other may justify a new rulemaking to appliance functionality, which may or may not The market and technology consider more stringent standards. include another cooking product. Combined assessment that DOE routinely conducts cooking products include the following products: Specifically, DOE seeks data and Conventional range, microwave/conventional when analyzing the impacts of a information that could enable the cooking top, microwave/conventional oven, and potential new or amended energy agency to determine whether DOE microwave/conventional range. conservation standard provides

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information about the microwave oven On January 18, 2013, DOE published standard for a covered product, it must, industry that will be used in DOE’s a final rule amending the microwave pursuant to criteria for adoption of analysis throughout the rulemaking oven test procedure to incorporate by standards at 42 U.S.C. 6295(o), process. DOE uses qualitative and reference certain provisions of IEC incorporate active mode, standby mode quantitative information to characterize Standard 62301 Edition 2.0 2011–01, and off mode energy use into a single the structure of the industry and market. along with clarifying language, for the standard, if feasible, or adopt separate DOE identifies manufacturers, estimates measurement of standby mode and off standards for such energy use for that market shares and trends, addresses mode energy use. 78 FR 4015. DOE also product. (42 U.S.C. 6295(gg)(3)) regulatory and non-regulatory initiatives confirmed that the microwave oven Issue B.1 DOE requests comment on intended to improve energy efficiency portion of a combined product is the feasibility of incorporating active or reduce energy consumption, and covered under the definition of mode, standby mode and off mode explores the potential for efficiency ‘‘microwave oven’’ at 10 CFR 430.2, but energy use into a single standard for improvements in the design and due to a lack of data and information, microwave ovens in the event that DOE manufacturing of microwave ovens. did not adopt provisions in the develops an active mode test procedure. microwave oven test procedure to DOE also reviews product literature, 2. Product Classes industry publications, and company measure the standby mode and off mode websites. Additionally, DOE considers energy use of the microwave portion. 78 When evaluating and establishing conducting interviews with FR 4015, 4017. energy conservation standards, DOE manufacturers to improve its assessment On December 16, 2016, DOE may divide covered products into of the market and available technologies published a final rule amending the product classes by the type of energy for microwave ovens. cooking products test procedure to, in used, or by capacity or other part, incorporate methods to calculate performance-related features that justify 1. Test Procedure the annual standby mode and off mode a different standard. (42 U.S.C. 6295(q)) DOE’s test procedures for microwave energy consumption of the microwave In making a determination whether ovens are codified in Appendix I. The oven component of a combined cooking capacity or another performance-related test procedure was originally product by allocating a portion of the feature justifies a different standard, established in an October 3, 1997, final combined low-power mode energy DOE must consider such factors as the rule that addressed active mode energy consumption measured for the utility of the feature to the consumer use only. 62 FR 51976. combined cooking product to the and other factors DOE deems microwave oven component using the On July 22, 2010, DOE published in appropriate. (Id.) estimated annual cooking hours for the For microwave ovens, the current the Federal Register a final rule for the given components comprising the energy conservation standards specified microwave oven test procedure in combined cooking product. 81 FR in 10 CFR 430.32(j)(3) are based on two which it repealed the regulatory 91418, 91438–91439 (‘‘December 2016 product classes determined according to provisions for establishing the cooking TP Final Rule’’). the following performance-related efficiency test procedure for microwave On January 18, 2018, DOE published features that provide utility to the ovens under EPCA. 75 FR 42579 (‘‘July an RFI (the ‘‘January 2018 TP RFI’’) consumer, in terms of locations where 2010 TP Repeal Final Rule’’). In the July soliciting comment from interested the product may be installed and 2010 TP Repeal Final Rule, DOE parties on issues related to the availability of additional cooking determined that the existing microwave microwave oven test procedure to functions: Intended installation (i.e., oven test procedure to measure the determine whether amendments to the countertop, built-in, or over-the-range) cooking efficiency did not produce test procedure are warranted. In the and presence of convection heating representative and repeatable test January 2018 TP RFI, DOE identified components. Table II.1 lists the current results. 75 FR 42579, 42581. DOE also issues related to the measurement of two product classes for microwave stated that it was unaware of any test active mode, standby mode, and off ovens. procedures that measured microwave mode energy use. 83 FR 02566. If DOE oven cooking efficiency with determines that amendments to the TABLE II.1—CURRENT MICROWAVE representative and repeatable test microwave oven test procedure are OVEN PRODUCT CLASSES results. Id. warranted, it would conduct any On March 9, 2011, DOE published an analysis for the standards rulemaking Product class interim final rule establishing test based on the amended test procedure. procedures for microwave ovens While there is currently no active 1. Microwave-only ovens and countertop convection microwave ovens. regarding the measurement of the mode test procedure for microwave 2. Built-in and over-the-range convection microwave average standby mode and average off ovens, DOE may consider an active ovens. mode power consumption that mode test in the future. If DOE develops incorporated by reference specific an active mode test procedure for These product classes were clauses from the International microwave ovens, it must incorporate established in the June 2013 Final Rule Electrotechnical Commission (‘‘IEC’’) active mode, standby mode, and off for the purposes of setting energy Standard 62301, ‘‘Household electrical mode energy use into a single integrated conservation standards addressing appliances—Measurement of standby energy use metric, unless it is standby mode and off mode energy use, power,’’ First Edition 2005–06 (‘‘IEC technically infeasible to do so, as and were determined to be warranted Standard 62301 (First Edition)’’). 76 FR required by EPCA. (42 U.S.C. based on their different standby power 12825. DOE also incorporated 6295(gg)(2)(A)) If an integrated test performances. 78 FR 36316, 36328– definitions of ‘‘active mode,’’ ‘‘standby procedure is technically infeasible, DOE 36329. DOE noted at the time that if, in mode,’’ and ‘‘off mode,’’ as well as must prescribe separate active mode, the future, DOE considers whether language to clarify the application of standby mode and off mode energy use active mode energy conservation clauses from IEC Standard 62301 (First test procedures, if separate tests are standards are warranted, it may Edition) for measuring standby mode technically feasible. (Id.) EPCA also consider redefining the product classes and off mode power. Id. requires that when DOE adopts a according to the utility of performance

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related features and energy use for both available for microwave ovens that may cooking products test procedure in active mode and standby mode. 78 FR not have been available at the time of Appendix I in the December 2016 TP 36316, 36329. DOE further stated that the last energy conservation standards Final Rule to incorporate methods for such revised product classes would not analysis. calculating the annual standby mode be limited by the product classes Issue B.4 DOE seeks information and off mode energy consumption of the established for standby mode in the regarding any other new product classes microwave oven component of a June 2013 Final Rule. Id. it should consider for inclusion in its combined cooking product. As discussed in section II.B.1 of this analysis. Specifically, DOE requests document, the current microwave oven Issue B.5 DOE requests information information on the performance-related on the types of combined cooking test procedure in Appendix I includes features that provide unique consumer provisions for measuring power products that include a microwave oven utility and data detailing the component that are available on the consumption in standby mode and off corresponding impacts on energy use mode only. DOE may consider in a market. DOE also requests comment on that would justify separate product how the microwave oven component of separate rulemaking whether the classes (i.e., explanation for why the microwave oven test procedure in a combined cooking product should be presence of these performance-related considered in its potential analysis. Appendix I should be amended to features would increase energy DOE seeks information and data on the include energy use in active mode, consumption). including the possibility of an energy use of combined cooking DOE is also aware of the introduction integrated energy use metric that would products, including the energy use of combined cooking products that account for energy use in active mode, allocated to the microwave oven incorporate a microwave oven standby mode, and off mode. component. Issue B.2 DOE requests feedback on component. As discussed in section II.A the current microwave oven product of this document, combined cooking 3. Technology Assessment classes and whether changes to these products are defined in Appendix I as household cooking appliances that In analyzing the feasibility of individual product classes and their potential new or amended energy descriptions should be made or whether combine a cooking product with other appliance functionality, which may or conservation standards, DOE uses certain classes should be merged or information about existing and past separated (such as separating may not include another cooking product. Combined cooking products technology options and prototype microwave-only and countertop designs to help identify technologies convection microwave ovens into that incorporate a microwave oven may that manufacturers could use to meet separate product classes). DOE further include the following products: and/or exceed a given set of energy requests feedback on whether Microwave ovens with a conventional conservation standards under combining certain classes could impact cooking top, microwave ovens with a consideration. In consultation with product utility by eliminating any conventional oven, and microwave performance-related features or impact ovens with a conventional range. The interested parties, DOE intends to the stringency of the current energy microwave oven(s) component of a develop a list of technologies to conservation standard for these combined cooking product is consider in its analysis. That analysis products. DOE also requests comment considered a covered product under the will likely include a number of the on separating any of the existing definition of microwave ovens in 10 technology options DOE previously product classes and whether it would CFR 430.2. In the June 2013 Final Rule, considered during its most recent impact product utility by eliminating DOE noted that the test procedure in rulemaking for microwave ovens. A any performance-related features or Appendix I at that time did not include complete list of those prior options reduce any compliance burdens. methods for measuring the standby appears in Table II.2. DOE notes that in Issue B.3 DOE seeks information mode and off mode energy use for the addition to improvements in the regarding any other new or revised microwave oven portion of a combined technology options identified product classes it should consider for cooking product. As a result, DOE previously as part of the June 2013 Final inclusion in its analysis in the event determined that the standby power Rule, energy savings for microwave-only that the microwave oven test procedure standard levels for microwave ovens ovens may be achieved by replacing the addresses active mode energy use, adopted in the June 2013 Final Rule do typical filament cavity lamps (i.e., including a potential integrated energy not apply to the microwave portion of lamps that illuminates the interior of the use metric. combined products. 78 FR 36316, microwave oven) with more efficient DOE is also aware that new 36328. As discussed in section II.B.1 of light emitting diodes (‘‘LEDs’’). This configurations and features may be this document, DOE amended the technology option is listed in Table II.3.

TABLE II.2—PREVIOUSLY CONSIDERED TECHNOLOGY OPTIONS FOR MICROWAVE OVENS FROM THE APRIL 2009 FINAL RULE AND JUNE 2013 FINAL RULE 5

Active mode Standby mode

Added insulation ...... Lower-power display technologies. Cooking sensors ...... Cooking sensors with no standby power requirement. Dual magnetrons ...... Improved power supply and control board options. Eliminated or improved ceramic stirrer cover ...... Automatic power-down of most power-consuming components, including the clock display. Improved fan efficiency. Improved magnetron efficiency.

5 Descriptions of these technology options can be the docket at https://www.regulations.gov/ www.regulations.gov/document?D=EERE-2011-BT- found in chapter 3 of the Technical Support document?D=EERE-2006-STD-0127-0097) and the STD-0048-0021) Document for the April 2009 Final Rule (found in June 2013 Final Rule (found in the docket at https://

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TABLE II.2—PREVIOUSLY CONSIDERED TECHNOLOGY OPTIONS FOR MICROWAVE OVENS FROM THE APRIL 2009 FINAL RULE AND JUNE 2013 FINAL RULE 5—Continued

Active mode Standby mode

Improved power supply efficiency. Modified wave guide. Reflective surfaces.

TABLE II.3—NEW TECHNOLOGY OPTIONS FOR MICROWAVE OVENS

Active mode Standby mode and off mode

Light emitting diode (LED) cavity lamp (microwave-only ovens only) ..... No additional technology options identified.

Issue B.6 DOE seeks information on C. Screening Analysis parties (e.g., manufacturers, trade the standby power technologies listed in The purpose of the screening analysis organizations, and energy efficiency Table II.2 of this RFI regarding their is to evaluate the technologies that advocates). Technologies that pass applicability to the current market and improve product efficiency to determine through the screening analysis are how these technologies may impact the which technologies will be eliminated referred to as ‘‘design options’’ in the efficiency of microwave ovens as from further consideration and which engineering analysis. Technology measured according to the DOE test will be passed to the engineering options that fail to meet one or more of procedure. DOE also seeks information analysis for further consideration. the four criteria are eliminated from on how these technologies may have DOE determines whether to eliminate consideration. changed since they were considered in certain technology options from further Additionally, DOE notes that the four the June 2013 Final Rule analysis. consideration based on the following screening criteria do not directly Specifically, DOE seeks information on criteria: address the propriety status of the range of efficiencies or performance (1) Technological feasibility. technology options. DOE only considers characteristics that are currently Technologies that are not incorporated potential efficiency levels achieved available for each technology option. in commercial products or in working through the use of proprietary designs Finally, DOE seeks information on prototypes will not be considered in the engineering analysis if they are whether any of these options have been further. not part of a unique pathway to achieve superseded by newer technology and (2) Practicability to manufacture, that efficiency level (i.e., if there are therefore no longer applicable. install, and service. If it is determined other non-proprietary technologies Issue B.7 DOE seeks information on that mass production of a technology in capable of achieving the same efficiency the active mode technologies listed in commercial products and reliable level). Table II.2 of this RFI, including how installation and servicing of the In the April 2009 Final Rule and June they may be measured by a potential technology could not be achieved on the 2013 Final Rule, DOE determined that future microwave oven test procedure scale necessary to serve the relevant all of the technology options for active that includes active mode testing market at the time of the compliance mode and standby mode met the provisions and how they would be date of the standard, then that screening criteria. As a result, DOE did applicable to amended microwave oven technology will not be considered not screen out any technology options standards. DOE seeks information on further. in the previous rulemaking analyses. the range of efficiencies for various (3) Impacts on product utility or Issue C.1 DOE requests feedback on microwave oven components (e.g., fan product availability. If a technology is what impact, if any, the four screening motors, magnetrons, wave guides, and determined to have significant adverse criteria described in this section would power supplies). impact on the utility of the product to have on each of the technology options significant subgroups of consumers, or listed in Table II.2 and Table II.3 of this Issue B.8 DOE seeks information on result in the unavailability of any document with respect to microwave the technology listed in Table II.3 of this covered product type with performance ovens. Similarly, DOE seeks information RFI regarding market adoption, costs, characteristics (including reliability), regarding how these same criteria would and any concerns with incorporating features, sizes, capacities, and volumes affect any other technology options not LED cavity lighting into microwave-only that are substantially the same as already identified in this document with ovens (e.g., potential safety concerns, products generally available in the respect to their potential use in manufacturing/production/ United States at the time, it will not be microwave ovens. implementation issues, etc.). DOE seeks considered further. particular comment on whether and (4) Adverse impacts on health or D. Engineering Analysis how consumer utility could be affected safety. If it is determined that a The engineering analysis estimates by a change in cavity lighting technology will have significant adverse the cost-efficiency relationship of technologies (e.g., consumer impacts on health or safety, it will not products at different levels of increased preferences, repair/replacement rates, be considered further. energy efficiency (‘‘efficiency levels’’). product functionality, etc.). 10 CFR part 430, subpart C, appendix A, This relationship serves as the basis for Issue B.9 DOE seeks comment on 4(a)(4) and 5(b). the cost-benefit calculations for other technology options that it should Technology options identified in the consumers, manufacturers, and the consider for inclusion in its analysis technology assessment are evaluated Nation. In determining the cost- and if these technologies may impact against these criteria using DOE efficiency relationship, DOE estimates product features or consumer utility. analyses and inputs from interested the increase in manufacturer production

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cost (‘‘MPC’’) associated with increasing assessment (or reverse engineering) baseline model is one that meets the the efficiency of products above the approach, which provides ‘‘bottom-up’’ current minimum energy conservation baseline, up to the maximum manufacturing cost assessments for standards and provides basic consumer technologically feasible (‘‘max-tech’’) achieving various levels of increased utility. efficiency level for each product class. efficiency, based on detailed cost data Consistent with this analytical for parts and material, labor, shipping/ DOE historically has used the approach, DOE tentatively plans to packaging, and investment for models following three methodologies to consider the current minimum energy that operate at particular efficiency generate incremental manufacturing conservations standards (which are levels. costs and establish efficiency levels applicable to microwave ovens (‘‘ELs’’) for analysis: (1) The design- 1. Baseline Efficiency Levels manufactured on or after June 17, 2016) option approach, which provides the For each established product class, to establish the baseline efficiency incremental costs of adding to a baseline DOE selects a baseline model as a levels for standby power for each model design options that will improve reference point against which any product class. The current standards for its efficiency; (2) the efficiency-level changes resulting from new or amended each product class are based on the approach, which provides the relative energy conservation standards can be maximum allowable average standby costs of achieving increases in energy measured. The baseline model in each power in watts (W). The current efficiency levels, without regard to the product class represents the standards for microwave ovens are particular design options used to characteristics of common or typical found at 10 CFR 430.32(j)(3) and are achieve such increases; and (3) the cost- products in that class. Typically, a presented in Table II.4 of this document.

TABLE II.4—JUNE 17, 2016 MICROWAVE OVEN ENERGY CONSERVATION STANDARD LEVELS

Maximum Product class allowable average standby power

Microwave-Only Ovens and Countertop Convection Microwave Ovens ...... 1.0 W Built-In and Over-the-Range Convection Microwave Ovens ...... 2.2 W

As discussed in section II.B.1 of this Issue D.2 DOE seeks information relationship between energy use and document, DOE may consider in a regarding baseline efficiency levels in adjusted volume. the event that the microwave oven test separate rulemaking whether the 2. Maximum Available and Maximum procedure addresses active mode energy microwave oven test procedure in Technologically Feasible Levels Appendix I should be amended to use, including a potential integrated include energy use in active mode, energy use metric. As interested parties As part of DOE’s analysis, the including the possibility of an have noted previously, microwave maximum available efficiency level is integrated energy use metric that would ovens do not vary significantly across the highest efficiency unit currently account for energy use in active mode, countries.6 As a result, DOE seeks active available on the market. DOE also standby mode, and off mode, which mode energy use data for products using considers the max-tech efficiency level, could affect baseline energy efficiency internationally-accepted active mode which it defines as the level that levels. test procedures (e.g., IEC Standard represents the theoretical maximum 60705–Edition 4.1, ‘‘Household possible efficiency if all available design Issue D.1 DOE requests feedback on microwave ovens—Methods for options are incorporated in a model. In whether using the current established measuring performance’’ (‘‘IEC Standard many cases, the max-tech efficiency energy conservation standards for 60705 (Edition 4.1)’’)) to characterize level is not commercially available microwave ovens (i.e., the maximum the baseline efficiency levels for each because it is not economically feasible. standby power requirements) are product class. To inform its data collection in this appropriate baseline efficiency levels for Issue D.3 DOE requests feedback on RFI, DOE initially reviewed data in DOE to apply to each product class in the appropriate baseline efficiency DOE’s Compliance Certification evaluating whether to amend the levels for any newly analyzed product Database to evaluate the range of current energy conservation standards classes that are not currently in place or standby power for microwave ovens for these products. DOE requests data for the contemplated combined product available on the market.7 Figure II.1 and and suggestions to evaluate the baseline classes, as discussed in section II.B.2 of Figure II.2 of this RFI show the range of efficiency levels in order to better this document. For newly analyzed standby power among current models evaluate amending energy conservation product classes, DOE requests energy for each microwave oven product class. standards for these products. use data to develop a baseline BILLING CODE 6450–01–P

6 Association of Home Appliance Manufacturers No. 27 in Docket No. EERE–2010–BT–TP–0023, 7 DOE’s Compliance Certification Database is comment on the February 4, 2013 test procedure available for review at http://www.regulations.gov. available for review at https:// NOPR for microwave ovens. Page 4 of document www.regulations.doe.gov/certification-data/ products.html (accessed on April 19, 2019).

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BILLING CODE 6450–01–C of inactivity has elapsed. DOE also notes to consumers, specifically the The microwave oven test procedure in that some manufacturers provide continuous clock display. 78 FR 36316, Appendix I specifies that for the instructions for disabling this feature so 36362. microwave oven standby mode and off that features such as the clock display As discussed, DOE previously mode power measurement, if a remain on at all times, whereas others determined that energy conservation microwave oven drops from a higher do not provide instructions for how to standards for active mode were not power state to a lower power state, disable the automatic function. In the technologically feasible and sufficient time is allowed for the June 2013 Final Rule, DOE did not economically justified. 74 FR 16040, microwave oven to reach the lower adopt energy conservation standards for 16087. Also as discussed, DOE repealed power state before proceeding with the microwave oven standby power at what the test procedure for microwave ovens test measurement. DOE is aware that was then determined to be the as it related to active mode, having some microwave ovens available on the maximum technologically feasible determined that the microwave oven market are able to achieve very low efficiency level, which was based on test procedure to measure the cooking standby power levels by incorporating this automatic power-down efficiency did not produce an automatic function that turns off functionality, because the reduction in representative and repeatable test most power-consuming components, standby power would result in the loss results and that DOE was unaware of such as the clock display, once a period of certain functions that provide utility any test procedures that measured

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microwave oven cooking efficiency with efficiency improvements and costs E. Distribution Channels and Markups representative and repeatable test associated with incorporating specific Analysis results. 75 FR 42579, 42581. In the event design options into the assumed To carry out the life-cycle cost that DOE were to amend the microwave baseline model for each analyzed (‘‘LCC’’) and payback period (‘‘PBP’’) oven test procedure in Appendix I to product class. calculations, DOE needs to determine include energy use in active mode, Issue D.8 DOE requests feedback on the cost to the residential consumer of including the possibility of an how manufacturers would incorporate baseline products, and the cost of more- integrated energy use metric, DOE the technology options listed in Table efficient units the consumer would would also consider efficiency levels II.2 and Table II.3 of this RFI to increase purchase under potential amended associated with active mode efficiency energy efficiency in microwave ovens standards. By applying a multiplier improvements. beyond the baseline. This includes called a ‘‘markup’’ to the MSP, DOE is Issue D.4 DOE seeks input on information on the order in which able to estimate the residential appropriate standby power efficiency manufacturers would incorporate the consumer’s price. In generating end-user levels to consider in a potential analysis different technologies to incrementally price inputs for the LCC analysis and for each microwave oven product class. improve the efficiencies of products. national impact analysis (‘‘NIA’’), DOE Issue D.5 DOE seeks feedback on DOE also requests feedback on whether must identify distribution channels (i.e., what design options would be the increased energy efficiency would how the products are distributed from incorporated at each efficiency level, lead to other design changes that would the manufacturer to the consumer) and and the efficiencies associated with not occur otherwise. DOE is also estimate relative sales volumes through those levels. As part of this request, interested in information regarding any each channel. In the June 2013 Final DOE also seeks information as to potential impact of design options on a Rule, DOE only accounted for the retail whether there are limitations on the use manufacturer’s ability to incorporate outlets distribution channel because of certain combinations of design additional functions or attributes in data from the Association of Home options. response to consumer demand. Appliance Manufacturers (‘‘AHAM’’) Issue D.6 DOE welcomes comment Issue D.9 DOE also seeks input on on how microwave ovens that 2005 Fact Book indicated that the the increase in MPC associated with automatically power down power- overwhelming majority of residential incorporating each particular design consuming components should be appliances were sold through retail option. Specifically, DOE is interested 9 considered in its potential analysis, outlets. In that rulemaking, DOE did in whether and how the costs estimated including information on the consumer not include a separate distribution for design options in the April 2009 utility associated with the functions that channel for microwave oven products Final Rule and 2013 Final Rule have are powered-down (e.g., continuous included as part of a new home because changed since the time of that analysis. clock display). DOE seeks input on the DOE did not have enough information DOE also requests information on the number of models available on the to characterize which of these products investments necessary to incorporate market that incorporate such a feature were ‘‘pre-installed’’ by builders in specific design options, including, but and consumer usage data on how these new homes. Should sufficient not limited to, costs related to new or frequently consumers disable the information become available, DOE may modified tooling (if any), materials, automatic power-down function when consider including a separate engineering and development efforts to this feature is available. distribution channel that includes a Issue D.7 DOE seeks active mode implement each design option, and contractor in addition to the existing energy use data for products using manufacturing/production impacts. retail outlets distribution channel. internationally-accepted active mode Issue D.10 DOE requests comment Issue E.1 DOE requests information test procedures (e.g., IEC Standard on whether certain design options may on the existence of any distribution 60705 (Edition 4.1)) to characterize the not be applicable to (or incompatible channels other than the retail outlet range of efficiency levels addressing this with) specific product classes. distribution channel that are used to mode for each product class. DOE also To account for manufacturers’ non- distribute the products at issue into the requests information on the production costs and profit margin, DOE market. DOE also requests data on the technologies currently on the market applies a non-production cost multiplier fraction of microwave oven sales in the that would improve active mode energy (the manufacturer markup) to the MPC. residential sector that go through both a consumption measured under such test The resulting manufacturer selling price wholesaler/retailer and a contractor as procedures, the order in which (‘‘MSP’’) is the price at which the well as the fraction of sales that go manufacturers would likely add such manufacturer distributes a unit into through any other identified channels. commerce. For the June 2013 Final technologies, and any issues with the F. Energy Use Analysis combined use of certain technologies. Rule, DOE used a manufacturer markup of 1.298 for both microwave oven As part of the rulemaking process, 3. Manufacturer Production Costs and product classes: (1) Microwave-only DOE conducts an energy use analysis to Manufacturing Selling Price ovens and countertop convection identify how products are used by As described at the beginning of this microwave ovens, and (2) built-in and consumers, and thereby determine the section, the main outputs of the over-the-range convection microwave energy savings potential of energy engineering analysis are cost-efficiency ovens.8 efficiency improvements. DOE bases the relationships that describe the estimated Issue D.11 DOE requests feedback on standby mode energy consumption of increases in manufacturer production whether a manufacturer markup of microwave ovens on the rated average cost associated with higher-efficiency 1.298 is appropriate for all microwave standby power consumption as products for the analyzed product ovens. determined by the DOE test procedure classes. For the April 2009 Final Rule and would base the active mode energy and 2013 Final Rule, DOE developed 8 For a discussion on how manufacturer markups were established, see section 12.4.9.1 of the June 9 For a discussion on distribution channels for the cost-efficiency relationships for 2013 Final Rule TSD at https:// microwave ovens, see section 3.6.4 of the June 2013 active mode and standby mode, www.regulations.gov/document?D=EERE-2011-BT- Final Rule TSD at https://www.regulations.gov/ respectively, by estimating the STD-0048-0021. document?D=EERE-2011-BT-STD-0048-0021.

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consumption of microwave ovens on G. Repair and Maintenance Costs H. Shipments any amended DOE test procedure. DOE develops shipments forecasts of Along similar lines, the energy use In the June 2013 Final Rule, DOE excluded repair and maintenance costs microwave ovens to calculate the analysis is meant to represent typical national impacts of potential amended energy consumption in the field. from its analysis because there was no evidence that repair and maintenance energy conservation standards on In the June 2013 Final Rule, DOE energy consumption, net present value costs change by efficiency level. accounted for standby mode energy use (‘‘NPV’’), and future manufacturer cash by subtracting the microwave oven Issue G.1 DOE requests feedback and flows. DOE shipments projections are active mode hours from the total data on whether maintenance costs based on available historical data number of hours in the year and differ in comparison to the baseline broken out by product class and multiplying the result by typical maintenance costs for any of the specific efficiency. Current sales estimates allow standby power consumption. technology options listed in Table II.2 for a more accurate model that captures Issue F.1 DOE requests feedback and and Table II.3 of this RFI. To the extent recent trends in the market. data on how a product’s energy use that these costs differ, DOE seeks Issue H.1 DOE requests 2018 annual changes with age and number of uses, supporting data and the reasons for sales data (i.e., number of shipments) for and how the number and age of those differences. microwave ovens by product class. occupants in the household affects the Issue G.2 DOE requests information Issue H.2 DOE requests 2018 data on the fraction of sales in the residential product’s energy use. and data on the frequency of repair and and commercial sector for microwave repair costs by product class for the Issue F.2 DOE requests information ovens. and data on the typical standby power technology options listed in Table II.2 A table of the types of data requested consumption associated with and Table II.3 of this RFI. While DOE is for 2018 shipments in Issues H.1 and microwave ovens. interested in information regarding each H.2 of this document can be found in Issue F.3 DOE requests information of the listed technology options. DOE is Table II.5 of this RFI. Interested parties and data on the typical active mode also interested in whether consumers are also encouraged to provide energy consumption and use associated simply replace the products when they additional shipments data as may be with microwave ovens. fail as opposed to repairing them. relevant.

TABLE II.5—SUMMARY TABLE OF SHIPMENTS-RELATED DATA REQUESTS

Fraction of 2018 Annual sales annual sales to Product class (number sold in 2018) residential sector (%)

Microwave-Only Ovens and Countertop Convection Microwave Ovens.

Built-In and Over-the-Range Convection Microwave Ovens.

If disaggregated fractions of annual RFI on the emerging smart technology period that begins with the expected sales are not available at the product appliance and equipment market. 83 FR compliance date for amended standards. type level, DOE requests more 46886. In that RFI, DOE sought Analyzing impacts of potential aggregated fractions of annual sales at information to better understand market amended energy conservation standards the category level. trends and issues in the emerging for microwave ovens requires a Issue H.3 If available, DOE requests market for appliances and commercial comparison of projected U.S. energy the same information in Table II.5 of equipment that incorporate smart consumption with and without the this RFI for the previous five years technology. DOE’s intent in issuing the amended standards. The forecasts (2013–2017). RFI was to ensure that DOE did not contain projections of annual appliance Issue H.4 DOE requests available inadvertently impede such innovation shipments, the annual energy sales data on the fraction of microwave in fulfilling its statutory obligations in consumption of new microwave ovens, oven sales by technology for the setting efficiency standards for covered and the purchase price of new technology options listed in Table II.2 products and equipment. DOE seeks microwave ovens. and Table II.3 of this RFI. DOE also comments, data, and information on the requests information on any expected issues presented in the September 2018 A key component of DOE’s estimates market trends in the popularity of those RFI as they may be applicable to of NES and NPV would be the technology options. microwave ovens. microwave oven energy efficiency Issue H.5 DOE requests data and forecasted over time for the no- I. National Impact Analysis information on any trends in the standards case and each of the potential microwave oven market that could be The purpose of the NIA is to estimate standards cases. In the June 2013 Final used to forecast expected trends in aggregate impacts of potential efficiency Rule, DOE based projections of no- product class market share. standards at the national level. Impacts standards-case shipment-weighted Issue H.6 DOE requests input on any reported by DOE include the national efficiency (‘‘SWEF’’) for the microwave expected market trends for any new energy savings (‘‘NES’’) from potential oven product classes on growth rates features, such as the potential for standards and the national net present determined from historical data ‘‘smart’’ inter-connected microwave value (‘‘NPV’’) of the total consumer provided by AHAM. 78 FR 36316, ovens, which may impact total energy benefits. The NIA considers lifetime 36346. For a potential future consumption. To that end, on impacts of potential standards on rulemaking, DOE would expect to September 17, 2018, DOE published an microwave ovens shipped in a 30-year consider recent trends in efficiency and

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input from interested parties to update impact of a single regulation may conservation standards for microwave product energy efficiency forecasts. overlook this cumulative regulatory ovens. Issue I.1 DOE seeks market share burden. In addition to energy 2. Other data showing the percentage of product conservation standards, other shipments by efficiency level for each regulations can significantly affect In addition to the issues identified product class. manufacturers’ financial operations. earlier in this document, DOE welcomes comment on any other aspect of energy J. Manufacturer Impact Analysis Multiple regulations affecting the same manufacturer can strain profits and lead conservation standards for microwave The purpose of the manufacturer companies to abandon product lines or ovens not already addressed by the impact analysis (‘‘MIA’’) is to estimate markets with lower expected future specific areas identified in this the financial impact of amended energy returns than competing products. For document. conservation standards on these reasons, DOE conducts an analysis III. Submission of Comments manufacturers of microwave ovens, and of cumulative regulatory burden as part DOE invites all interested parties to to evaluate the potential impact of such of its rulemakings pertaining to submit in writing by September 27, standards on direct employment and appliance efficiency. manufacturing capacity. The MIA 2019, comments and information on includes both quantitative and Issue J.1 To the extent feasible, DOE matters addressed in this document and qualitative aspects. The quantitative seeks the names and contact on other matters relevant to DOE’s part of the MIA primarily relies on the information of any domestic or foreign- consideration of amended energy Government Regulatory Impact Model based manufacturers that distribute conservations standards for microwave (‘‘GRIM’’), an industry cash-flow model microwave ovens in the United States. ovens. After the close of the comment adapted for microwave ovens, with the Issue J.2 DOE identified small period, DOE will review the public key output of industry net present value businesses as a subgroup of comments received and may begin (‘‘INPV’’). The qualitative part of the manufacturers that could be collecting data and conducting the MIA addresses the potential impacts of disproportionally impacted by amended analyses discussed in this RFI. energy conservation standards on energy conservation standards. DOE Submitting comments via http:// manufacturing capacity and industry requests the names and contact www.regulations.gov. The http:// competition, as well as factors such as information of small business www.regulations.gov web page requires product characteristics, impacts on manufacturers, as defined by the SBA’s you to provide your name and contact particular subgroups of firms, and size threshold, of microwave ovens that information. Your contact information important market and product trends. distribute products in the United States. will be viewable to DOE Building As part of the MIA, DOE intends to In addition, DOE requests comment on Technologies Office staff only. Your analyze impacts of any amended energy any other manufacturer subgroups that contact information will not be publicly conservation standards on subgroups of could be disproportionally impacted by viewable except for your first and last manufacturers of covered products, amended energy conservation names, organization name (if any), and including small business manufacturers. standards. DOE requests feedback on submitter representative name (if any). DOE uses the Small Business any potential approaches that could be If your comment is not processed Administration’s (‘‘SBA’’) small considered to address impacts on properly because of technical business size standards to determine manufacturers, including small difficulties, DOE will use this whether manufacturers qualify as small businesses. information to contact you. If DOE businesses, which are listed by the Issue J.3 DOE requests information cannot read your comment due to applicable North American Industry regarding the cumulative regulatory technical difficulties and cannot contact Classification System (‘‘NAICS’’) code.10 burden impacts on manufacturers of you for clarification, DOE may not be Manufacturing of microwave ovens is microwave ovens associated with (1) able to consider your comment. classified under NAICS 335220, ‘‘Major other DOE standards applying to However, your contact information Household Appliance Manufacturing,’’ different products that these will be publicly viewable if you include and the SBA sets a threshold of 1,500 manufacturers may also make and (2) it in the comment or in any documents employees or less for a domestic entity product-specific regulatory actions of attached to your comment. Any to be considered as a small business. other Federal agencies. DOE also information that you do not want to be This employee threshold includes all requests comment on its methodology publicly viewable should not be employees in a business’ parent for computing cumulative regulatory included in your comment, nor in any company and any other subsidiaries. burden and whether there are any document attached to your comment. One aspect of assessing manufacturer flexibilities it can consider that would Persons viewing comments will see only burden involves examining at the reduce this burden while remaining first and last names, organization cumulative impact of multiple DOE consistent with the requirements of names, correspondence containing standards and the product-specific EPCA. comments, and any documents regulatory actions of other Federal submitted with the comments. agencies that affect the manufacturers of K. Other Energy Conservation Standards Do not submit to http:// a covered product or equipment. While Topics www.regulations.gov information for any one regulation may not impose a 1. Market Failures which disclosure is restricted by statute, significant burden on manufacturers, such as trade secrets and commercial or the combined effects of several existing In the field of economics, a market financial information (hereinafter or impending regulations may have failure is a situation in which the referred to as Confidential Business serious consequences for some market outcome does not maximize Information (‘‘CBI’’)). Comments manufacturers, groups of manufacturers, societal welfare. Such an outcome submitted through http:// or an entire industry. Assessing the would result in unrealized potential www.regulations.gov cannot be claimed welfare. DOE welcomes comment on as CBI. Comments received through the 10 Available online at: https://www.sba.gov/ any aspect of market failures, especially website will waive any CBI claims for document/support--table-size-standards. those in the context of amended energy the information submitted. For

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information on submitting CBI, see the marked confidential including all the DEPARTMENT OF TRANSPORTATION Confidential Business Information information believed to be confidential, section. and one copy of the document marked Federal Aviation Administration DOE processes submissions made ‘‘non-confidential’’ with the information through http://www.regulations.gov believed to be confidential deleted. 14 CFR Part 39 before posting. Normally, comments Submit these documents via email or on [Docket No. FAA–2019–0604; Product will be posted within a few days of a CD, if feasible. DOE will make its own Identifier 2019–NM–072–AD] being submitted. However, if large determination about the confidential RIN 2120–AA64 volumes of comments are being status of the information and treat it processed simultaneously, your according to its determination. Airworthiness Directives; Dassault comment may not be viewable for up to Aviation Airplanes several weeks. Please keep the comment Factors of interest to DOE when tracking number that evaluating requests to treat submitted AGENCY: Federal Aviation www.regulations.gov provides after you information as confidential include (1) a Administration (FAA), DOT. have successfully uploaded your description of the items, (2) whether ACTION: Notice of proposed rulemaking comment. and why such items are customarily (NPRM). Submitting comments via email, hand treated as confidential within the delivery/courier, or postal mail. industry, (3) whether the information is SUMMARY: The FAA proposes to adopt a Comments and documents submitted generally known by or available from new airworthiness directive (AD) for all via email, hand delivery/courier, or other sources, (4) whether the Dassault Aviation Model MYSTERE postal mail also will be posted to http:// information has previously been made FALCON 50, MYSTERE FALCON 900, www.regulations.gov. If you do not want available to others without obligation and FALCON 900EX airplanes; and your personal contact information to be concerning its confidentiality, (5) an Model FALCON 2000 and FALCON publicly viewable, do not include it in explanation of the competitive injury to 2000EX airplanes. This proposed AD your comment or any accompanying the submitting person which would was prompted by a report that the documents. Instead, provide your result from public disclosure, (6) when Dassault maintenance planning document (MPD) of the related Dassault contact information on a cover letter. such information might lose its Include your first and last names, email aircraft maintenance manual (AMM) confidential character due to the address, telephone number, and states that the ‘‘combined service/ passage of time, and (7) why disclosure optional mailing address. The cover storage life’’ of the fire extinguisher letter will not be publicly viewable as of the information would be contrary to percussion cartridges is longer than it long as it does not include any the public interest. should be, and could have a safety comments. It is DOE’s policy that all comments impact in case of fire. This proposed AD Include contact information each time may be included in the public docket, would require replacing the fire you submit comments, data, documents, without change and as received, extinguisher percussion cartridges with and other information to DOE. If you including any personal information serviceable parts. The FAA is proposing submit via postal mail or hand delivery/ provided in the comments (except this AD to address the unsafe condition courier, please provide all items on a information deemed to be exempt from on these products. CD, if feasible. It is not necessary to public disclosure). DATES: The FAA must receive comments submit printed copies. No telefacsimiles DOE considers public participation to on this proposed AD by September 27, (faxes) will be accepted. 2019. be a very important part of the process Comments, data, and other ADDRESSES: You may send comments, information submitted to DOE for developing energy conservation standards. DOE actively encourages the using the procedures found in 14 CFR electronically should be provided in 11.43 and 11.45, by any of the following PDF (preferred), Microsoft Word or participation and interaction of the public during the comment period in methods: Excel, WordPerfect, or text (ASCII) file • Federal eRulemaking Portal: Go to format. Provide documents that are not each stage of the rulemaking process. http://www.regulations.gov. Follow the secured, written in English and free of Interactions with and between members instructions for submitting comments. any defects or viruses. Documents of the public provide a balanced • Fax: 202–493–2251. should not contain special characters or discussion of the issues and assist DOE • Mail: U.S. Department of any form of encryption and, if possible, in the rulemaking process. Anyone who Transportation, Docket Operations, M– they should carry the electronic wishes to be added to the DOE mailing 30, West Building Ground Floor, Room signature of the author. list to receive future notices and W12–140, 1200 New Jersey Avenue SE, Campaign form letters. Please submit information about this process or would Washington, DC 20590. campaign form letters by the originating like to request a public meeting should • Hand Delivery: Deliver to Mail organization in batches of between 50 to contact Appliance and Equipment address above between 9 a.m. and 5 500 form letters per PDF or as one form Standards Program staff at (202) 287– p.m., Monday through Friday, except letter with a list of supporters’ names 1445 or via email at Federal holidays. compiled into one or more PDFs. This ApplianceStandardsQuestions@ For service information identified in reduces comment processing and ee.doe.gov. this NPRM, contact Dassault Falcon Jet posting time. Corporation, Teterboro Airport, P.O. Confidential Business Information. Signed in Washington, DC, on August 6, Box 2000, South Hackensack, NJ 07606; 2019. According to 10 CFR 1004.11, any telephone 201–440–6700; internet person submitting information that he Alexander N. Fitzsimmons, http://www.dassaultfalcon.com. You or she believes to be confidential and Acting Deputy Assistant Secretary for Energy, may view this service information at the exempt by law from public disclosure Efficiency Energy Efficiency and Renewable FAA, Transport Standards Branch, 2200 should submit via email, postal mail, or Energy. South 216th St., Des Moines, WA. For hand delivery/courier two well-marked [FR Doc. 2019–17322 Filed 8–12–19; 8:45 am] information on the availability of this copies: One copy of the document BILLING CODE 6450–01–P material at the FAA, call 206–231–3195.

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Examining the AD Docket and may amend this NPRM because of For the reasons described above, this those comments. [EASA] AD requires replacement of affected You may examine the AD docket on The FAA will post all comments parts with serviceable parts. the internet at http:// received, without change, to http:// You may examine the MCAI in the www.regulations.gov by searching for www.regulations.gov, including any and locating Docket No. FAA–2019– AD docket on the internet at http:// personal information you provide. The www.regulations.gov by searching for 0604; or in person at Docket Operations FAA will also post a report between 9 a.m. and 5 p.m., Monday and locating Docket No. FAA–2019– summarizing each substantive verbal 0604. through Friday, except Federal holidays. contact received about this NPRM. The AD docket contains this NPRM, the FAA’s Determination regulatory evaluation, any comments Discussion This product has been approved by received, and other information. The The European Aviation Safety Agency the aviation authority of another street address for Docket Operations is (EASA), which is the Technical Agent country, and is approved for operation listed above. Comments will be for the Member States of the European available in the AD docket shortly after Union, has issued EASA AD 2019–0084, in the United States. Pursuant to a receipt. dated April 17, 2019 (referred to after bilateral agreement with the State of this as the Mandatory Continuing Design Authority, the FAA has been FOR FURTHER INFORMATION CONTACT: Tom notified of the unsafe condition Rodriguez, Aerospace Engineer, Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition described in the MCAI and service International Section, Transport information referenced above. The FAA Standards Branch, FAA, 2200 South for all Dassault Aviation Model MYSTERE FALCON 50, MYSTERE is proposing this AD because the agency 216th St., Des Moines, WA 98198; evaluated all the relevant information telephone and fax 206–231–3226. FALCON 900, and FALCON 900EX airplanes; and Model FALCON 2000 and determined the unsafe condition SUPPLEMENTARY INFORMATION: and FALCON 2000EX airplanes. The described previously is likely to exist or develop on other products of the same Comments Invited MCAI states: type design. The FAA invites you to send any It was identified that the Dassault Maintenance Planning Document (MPD) of Proposed Requirements of This NPRM written relevant data, views, or the related Dassault Aircraft Maintenance arguments about this proposal. Send Manual (AMM) for affected aeroplanes This proposed AD would require your comments to an address listed mentions that ‘‘combined service/storage replacing the fire extinguisher under the ADDRESSES section. Include life’’ of the affected parts is 12 years, whereas percussion cartridges with serviceable ‘‘Docket No. FAA–2019–0604; Product it should be 10 years. The related technical parts. Identifier 2019–NM–072–AD’’ at the investigation confirmed that this could have Costs of Compliance beginning of your comments. The FAA a safety impact in case of fire. It is expected specifically invites comments on the that Dassault will update the MPD with the The FAA estimates that this proposed correct value. overall regulatory, economic, This condition, if not corrected, could AD affects 1,013 airplanes of U.S. environmental, and energy aspects of prevent extinguishing a fire, possibly registry. The FAA estimates the this NPRM. The FAA will consider all resulting in damage to the aeroplane and following costs to comply with this comments received by the closing date injury to the occupants. proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

6 work-hours × $85 per hour = $510 ...... $1,145 $1,655 $1,676,515

Authority for This Rulemaking unsafe condition that is likely to exist or 13132. This proposed AD would not develop on products identified in this Title 49 of the United States Code have a substantial direct effect on the rulemaking action. States, on the relationship between the specifies the FAA’s authority to issue This proposed AD is issued in rules on aviation safety. Subtitle I, national Government and the States, or accordance with authority delegated by on the distribution of power and section 106, describes the authority of the Executive Director, Aircraft the FAA Administrator. Subtitle VII: responsibilities among the various Certification Service, as authorized by levels of government. Aviation Programs, describes in more FAA Order 8000.51C. In accordance detail the scope of the Agency’s with that order, issuance of ADs is For the reasons discussed above, I authority. normally a function of the Compliance certify this proposed regulation: The FAA is issuing this rulemaking and Airworthiness Division, but during 1. Is not a ‘‘significant regulatory under the authority described in this transition period, the Executive action’’ under Executive Order 12866; Subtitle VII, Part A, Subpart III, Section Director has delegated the authority to 2. Will not affect intrastate aviation in 44701: ‘‘General requirements.’’ Under issue ADs applicable to transport Alaska; and that section, Congress charges the FAA category airplanes and associated with promoting safe flight of civil appliances to the Director of the System 3. Will not have a significant aircraft in air commerce by prescribing Oversight Division. economic impact, positive or negative, regulations for practices, methods, and on a substantial number of small entities Regulatory Findings procedures the Administrator finds under the criteria of the Regulatory necessary for safety in air commerce. The FAA determined that this Flexibility Act. This regulation is within the scope of proposed AD would not have federalism that authority because it addresses an implications under Executive Order

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List of Subjects in 14 CFR Part 39 (c) Applicability (g) Definitions Air transportation, Aircraft, Aviation This AD applies to all Dassault Aviation For the purpose of this AD, the definitions Model MYSTERE FALCON 50, MYSTERE specified in paragraphs (g)(1), (g)(2), (g)(3), safety, Incorporation by reference, and (g)(4) apply to this AD. Safety. FALCON 900, and FALCON 900EX airplanes; and Model FALCON 2000 and FALCON (1) An affected part is a fire extinguisher The Proposed Amendment 2000EX airplanes; certificated in any percussion cartridge having part number (P/ N) 862700–00 or P/N 862710–00. category. Accordingly, under the authority (2) Total life is time since the delegated to me by the Administrator, (d) Subject manufacturing date, which includes both the time installed on an airplane and time in the FAA proposes to amend 14 CFR part Air Transport Association (ATA) of 39 as follows: storage. America Code 26, Fire protection. (3) A serviceable part is an affected part PART 39—AIRWORTHINESS (e) Reason that has not exceeded 10 years of total life, DIRECTIVES or a fire extinguisher percussion cartridge This AD was prompted by a report that the that is not an affected part. Dassault maintenance planning document ■ (4) Group 1 airplanes are those that have 1. The authority citation for part 39 (MPD) of the related Dassault aircraft an affected part installed. Group 2 airplanes continues to read as follows: maintenance manual (AMM) mentions that are those that do not have an affected part Authority: 49 U.S.C. 106(g), 40113, 44701. the ‘‘combined service/storage life’’ of the fire installed. extinguisher percussion cartridges is 12 (h) Total Life Limit Implementation § 39.13 [Amended] years, whereas it should be 10 years, and For Group 1 airplanes, except as specified ■ 2. The FAA amends § 39.13 by adding could have a safety impact in case of fire. The in paragraph (j) of this AD: Before a fire the following new airworthiness FAA is issuing this AD to address the total extinguisher percussion cartridge exceeds 10 directive (AD): life limit of the fire extinguisher percussion years of total life, remove the affected part Dassault Aviation: Docket No. FAA–2019– cartridges, which if not corrected, could and replace it with a serviceable part in 0604; Product Identifier 2019–NM–072– prevent extinguishing a fire and possibly accordance with the procedures specified in AD. result in damage to the airplane and injury paragraph (l)(2) of this AD. to occupants. (a) Comments Due Date (i) Guidance for Replacement Required by The FAA must receive comments by (f) Compliance Paragraph (h) of This AD September 27, 2019. Comply with this AD within the Guidance for the replacement specified in paragraph (h) of this AD can be found in the (b) Affected ADs compliance times specified, unless already done. applicable Dassault AMM task as specified in None. figure 1 to paragraph (i) of this AD.

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(j) Grace Period for Initial Replacement Organization Approval (DOA). If approved by GENERAL SERVICES For Group 1 airplanes: For a fire the DOA, the approval must include the ADMINISTRATION extinguisher percussion cartridge that, on the DOA-authorized signature. effective date of this AD, has a total life of 41 CFR Part 102–82 (m) Related Information 9 years 6 months or more, the replacement required by paragraph (h) of this AD can be (1) Refer to Mandatory Continuing [FMR Case 2016–102–3; Docket 2016–0019; deferred up to 6 months after the effective Airworthiness Information (MCAI) EASA AD Sequence No. 1] date of this AD. 2019–0084, dated April 17, 2019, for related RIN 3090–AJ76 (k) Parts Installation Limitations information. This MCAI may be found in the AD docket on the internet at http:// For Group 1 and Group 2 airplanes: As of Federal Management Regulation www.regulations.gov by searching for and the effective date of this AD, no person may (FMR); Utility Services install, on any airplane, a fire extinguisher locating Docket No. FAA–2019–0604. percussion cartridge, unless the part is a (2) For more information about this AD, AGENCY: Office of Government-wide serviceable part as specified in this AD, and contact Tom Rodriguez, Aerospace Engineer, Policy (OGP), General Services that, following installation, the affected part International Section, Transport Standards Administration (GSA). is replaced as required by paragraph (h) of Branch, FAA, 2200 South 216th St., Des ACTION: Proposed rule. this AD. Moines, WA 98198; telephone and fax 206– (l) Other FAA AD Provisions 231–3226. SUMMARY: GSA is proposing to amend (3) For service information identified in The following provisions also apply to this the Federal Management Regulation part AD: this AD, contact Dassault Falcon Jet regarding utility services. The rule (1) Alternative Methods of Compliance Corporation, Teterboro Airport, P.O. Box clarifies the authority an agency must (AMOCs): The Manager, International 2000, South Hackensack, NJ 07606; have in order to procure utility services Section, Transport Standards Branch, FAA, telephone 201–440–6700; internet http:// and describes in detail agencies’ has the authority to approve AMOCs for this www.dassaultfalcon.com. You may view this responsibilities concerning the AD, if requested using the procedures found service information at the FAA, Transport procurement of such services. To better in 14 CFR 39.19. In accordance with 14 CFR Standards Branch, 2200 South 216th St., Des direct agencies that operate under a 39.19, send your request to your principal Moines, WA. For information on the inspector or local Flight Standards District utility service delegation from GSA, the availability of this material at the FAA, call rule adds a reference to the section of Office, as appropriate. If sending information 206–231–3195. directly to the International Section, send it the Federal Acquisition Regulation that to the attention of the person identified in Issued in Des Moines, Washington, on July addresses the acquisition of utility paragraph (m)(2) of this AD. Information may 26, 2019. services and other procurement be emailed to: 9-ANM-116-AMOC- Dionne Palermo, guidance. Additionally, the rule clarifies [email protected]. Before using any Acting Director, System Oversight Division, responsibilities for the Department of approved AMOC, notify your appropriate Defense and the Department of Energy principal inspector, or lacking a principal Aircraft Certification Service. inspector, the manager of the local flight [FR Doc. 2019–16608 Filed 8–12–19; 8:45 am] for compliance. standards district office/certificate holding BILLING CODE 4910–13–P DATES: Interested parties should submit district office. written comments to the Regulatory (2) Contacting the Manufacturer: For any Secretariat Division at one of the requirement in this AD to obtain corrective addresses shown below on or before actions from a manufacturer, the action must October 15, 2019 to be considered in the be accomplished using a method approved formation of the final rule. by the Manager, International Section, Transport Standards Branch, FAA; or the ADDRESSES: Submit comments in European Aviation Safety Agency (EASA); or response to FMR Case 2016–102–3 by Dassault Aviation’s EASA Design any of the following methods:

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• Regulations.gov: http:// necessary, to select regulatory 102–82.10 What are the governing www.regulations.gov. Submit comments approaches that maximize net benefits authorities for this part? via the Federal Rulemaking Portal by (including potential economic, 102–82.15 Who must comply with these entering ‘‘FMR Case 2016–102–3.’’ environmental, public health and safety provisions? 102–82.20 To whom do ‘‘we,’’ ‘‘you,’’ and under the heading ‘‘Enter Keyword or effects, distributive impacts, and their variants refer? ID’’ and select ‘‘Search’’. Select the link equity). E.O. 13563 emphasizes the 102–82.25 How do we request a deviation ‘‘Submit a Comment’’ that corresponds importance of quantifying both costs from the provisions of this part? with ‘‘FMR Case 2016–102–3’’ and and benefits, of reducing costs, of follow the instructions provided at the harmonizing rules, and of promoting Subpart B—Utility Services ‘‘Comment Now’’ screen. Please include flexibility. This rule is a significant 102–82.30 What authority must my agency your name, company name (if any), and regulatory action and was subject to have in order to procure utility ‘‘FMR Case 2016–102–3’’ on your review under Section 6(b) of E.O. 12866. service(s)? 102–82.35 Can Executive agencies enter attached document. GSA has determined that this proposed • into contracts for utility services? Mail: General Services rule is not a major rule under 5 U.S.C. 102–82.40 What are Executive agencies’ Administration, Regulatory Secretariat 804. rate intervention responsibilities? Division (MVCB), ATTN: Ms. Lois C. Executive Order 13771 Authority: 40 U.S.C. 121(c) and 40 U.S.C. Mandell, 1800 F Street NW, 501. Washington, DC 20405. This proposed rule is not expected to Instructions: Please submit comments be subject to the requirements of E.O. Subpart A—General Provisions only and cite FMR Case 2016–102–3, in 13771 (82 FR 9339, February 3, 2017) all correspondence related to this case. because this proposed rule is expected § 102–82.5 What does this part cover? All comments received will be posted to be related to agency organization, This part covers the procurement and without change to http:// management, or personnel. management of public utility services. It www.regulations.gov, including any D. Regulatory Flexibility Act does not cover utilities that are provided personal and/or business confidential as part of a lease. For more information information provided. To confirm This proposed rule will not have a on the procurement of utility services, receipt of your comment(s), please significant economic impact on a refer to Federal Acquisition Regulation check http://www.regulations.gov substantial number of small entities (FAR) Part 41, Acquisition of Utility approximately two to three days after within the meaning of the Regulatory Services. For more information on the submission to verify posting (except Flexibility Act, 5 U.S.C. 601, et seq. This management of Utility Services, refer to allow 30 days for posting of comments proposed rule is also exempt from the 40 U.S.C. 501. submitted by mail). Regulatory Flexibility Act pursuant to 5 § 102–82.10 What are the governing FOR FURTHER INFORMATION CONTACT: For U.S.C. 553(a)(2) because it applies to authorities for this part? clarification of content, contact Mr. agency management. Chris Coneeney, Director, Real Property, E. Paperwork Reduction Act The authorities for this regulation are: Office of Government-wide Policy, at (a) 40 U.S.C. 121(c); The Paperwork Reduction Act does 202–208–2956, or email at (b) 40 U.S.C. 501. [email protected]. For not apply because the changes to the information pertaining to status or FMR do not impose any information § 102–82.15 Who must comply with these publication schedules, contact the collection requirements that require the provisions? approval of the Office of Management Regulatory Secretariat Division (MVCB), All Executive agencies procuring, and Budget under 44 U.S.C. 3501, et 1800 F Street NW, Washington, DC managing or supplying utility services seq. 20405, 202–501–4755. Please cite FMR under Title 40 of the United States Case 2016–102–3. F. Small Business Regulatory Code, including GSA’s Public Buildings SUPPLEMENTARY INFORMATION: Enforcement Fairness Act Service (PBS), Department of Defense, Department of Energy, and those A. Background This proposed rule is exempt from agencies operating under, or subject to, Congressional review under 5 U.S.C. This part was last revised and the authorities of the Administrator of 801 since it relates solely to agency published in the Federal Register on General Services must comply with management and personnel. November 8, 2005 (70 FR 67785). The these provisions. For information on a currently proposed rule includes the List of Subjects in 41 CFR Part 102–82– utility services delegation of authority, following changes: Utilities refer to part 102–72.100 of this chapter. • Updating the regulation to both Federal buildings and facilities, clarify the authority an agency must § 102–82.20 To whom do ‘‘we,’’ ‘‘you,’’ and Government property management, their variants refer? have and point the reader to the Rates and fares, Utilities. appropriate parts of the Federal Unless otherwise indicated, use of Acquisition Regulation that relate to the Jessica Salmoiraghi, pronouns ‘‘we,’’ ‘‘you,’’ and their acquisition of utility services; Associate Administrator, Office of variants throughout this part refer to an • Clarifying agency, the Department Government-wide Policy. Executive agency. Refer to part 102–71, of Defense, and the Department of ■ For the reasons set forth in the General, of this chapter, for the Energy responsibilities regarding utility preamble, GSA is proposing to revise 41 definition of Executive agency. services. CFR part 102–82 to read as follows: § 102–82.25 How do we request a B. Executive Orders 12866 and 13563 deviation from the provisions of this part? PART 102–82—UTILITY SERVICES Executive Orders (E.O.s) 12866 and Refer to sections 102–2.60 through 13563 direct agencies to assess all costs Subpart A—General Provisions 102–2.110 of this chapter for and benefits of available regulatory Sec. information on how to obtain a alternatives and, if regulation is 102–82.5 What does this part cover? deviation from this part.

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Subpart B—Utility Services delegation of authority refer to part 102– Planning, 330 C Street SW, 4th Floor, 72, Delegation of Authority. Washington, DC 20201. § 102–82.30 What authority must my [FR Doc. 2019–17210 Filed 8–12–19; 8:45 am] Instructions: All submissions received agency have in order to procure utility BILLING CODE 6820–14–P must include the agency name and service(s)? docket number or Regulatory If you do not have a delegation of Information Number (RIN) for this authority issued by GSA to procure rulemaking. All comments received will DEPARTMENT OF HEALTH AND be posted without change to http:// utility services, or independent HUMAN SERVICES authority for such procurements, you www.regulations.gov, including any cannot procure utility services. The Administration for Children and personal information provided. Secretary of Defense is independently Families FOR FURTHER INFORMATION CONTACT: authorized to take such actions without Colleen Rathgeb, Office of Head Start, a delegation from GSA, when the 45 CFR Parts 1304 and 1305 Planning, Oversight, and Policy Secretary determines such actions to be Division Director, (202) 358–3263, RIN 0970–AC77 _ in the best interests of national security. OHS [email protected]. Deaf and For more information on a utility hearing impaired individuals may call Head Start Designation Renewal the Federal Dual Party Relay Service at services delegation of authority refer to System 1–800–877–8339 between 8 a.m. and 7 parts 102–72.100 and 102–72.105 of this p.m. Eastern Standard Time. chapter. AGENCY: Office of Head Start (OHS), Administration for Children and SUPPLEMENTARY INFORMATION: § 102–82.35 Can Executive agencies enter Families (ACF), Department of Health Table of Contents into contracts for utility services? and Human Services (HHS). I. Background ACTION: Notice of proposed rulemaking. Executive agencies, operating under a Designation Renewal System utility services delegation from GSA, or SUMMARY: In this NPRM, we propose Request for Comment on Head Start the Secretary of Defense, when the Designation Renewal System changes to two of the seven conditions Secretary determines it to be in the best Improvements of the Designation Renewal System for The CLASS Tool interests of national security, may enter Head Start Grantees (DRS): The into contracts for utility services (such Fiscal Condition condition related to the Classroom Goal of This NPRM as commodities and utility rebate Assessment Scoring System: Pre-K II. Statutory Authority To Issue NPRM programs), pursuant to the terms and (CLASS) and the fiscal condition related III. Section by Section Discussion of conditions contained in the delegation to audit findings. For the CLASS Proposed Changes to the Designation and in accordance with FAR Part 41, condition, we propose to remove the Renewal System Acquisition of Utility Services. FAR Part lowest 10 percent criterion and set more 1304.11(b) School Readiness Goals 1304.11(c) CLASS Condition 41 requires that agencies provide or rigorous minimum thresholds across all procure from sources of supply that are 1304.11(e) Suspension by OHS three domains that grantees must meet 1304.11(g) Fiscal Condition the most advantageous to the Federal in order to avoid competition. For the 1304.12 Grantee Reporting Requirements Government in terms of economy, fiscal condition, we propose to add a Concerning Certain Conditions efficiency, reliability, or quality of second criterion that would consider 1304.15 Designation Request, Review and service; while 40 U.S.C. 501(c) requires additional findings from annual audits. Notification Process that agencies provide or procure such A grantee would be required to compete 1305 Definitions services with due regard to the mission for continued funding if they met either Effective Dates responsibilities of the agencies criterion. IV. Regulatory Process Matters Regulatory Flexibility Act concerned. For information on utility We also propose technical changes Unfunded Mandates Reform Act services delegation of authority refer to within part 1304 subpart B (Designation Treasury and General Government part 102–72 of this chapter, Delegation Renewal) to remove any outdated Appropriations Act of 1999 of Authority. For additional information provisions to the regulation. These Federalism Assessment Executive Order on contracts for utility services search technical fixes were not included in the 13132 on the topics Utility or Energy on the publication of the Head Start Program Congressional Review Acquisition Gateway, http:// Performance Standards (performance Paperwork Reduction Act of 1995 Regulatory Planning and Review Executive www.gsa.gov. standards) final rule in 2016 because the Designation Renewal section of the Order 12866, Executive Order 13563, and Executive Order 13771 § 102–82.40 What are Executive agencies’ regulation was not open for amendment V. Regulatory Impact Analysis rate intervention responsibilities? in the revision of the performance I. Background Unless otherwise authorized by law, standards. absent a delegation from GSA, Executive DATES: Submit either electronic or Designation Renewal System agencies must not engage in the types of written comments by September 27, Since its inception in 1965, Head representation referenced at 40 U.S.C. 2019. Start has been a leader in helping 501(c), Services for Executive agencies. ADDRESSES: You may submit comments, children from low-income families The Secretary of Defense is identified by [docket number and/or reach kindergarten more prepared to independently authorized to take such RIN number], by any of the following succeed in school. Through the actions without a delegation from GSA, methods: Improving Head Start for School when the Secretary determines such • Federal eRulemaking Portal: http:// Readiness Act of 2007 (the 2007 actions to be in the best interests of www.regulations.gov. Follow the Reauthorization) amending the Head national security. Refer to part 102–71, instructions for submitting comments. Start Act (the Act), Congress required General, for definitions of Executive • Mail: Office of Head Start, the Department of Health and Human agencies and state. For information on Attention: Director of Policy and Services to ensure these children and

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their families receive the highest quality 2017 to solicit input from the public on grantees to engage in a range of quality services possible. In support of that the implementation of DRS broadly, improvement activities.2 In addition, requirement, the 2007 Reauthorization including the implementation of CLASS the Head Start Family and Child directed the Secretary to establish the and other conditions of DRS. See 82 FR Experiences Survey (FACES) report DRS to: (1) Identify Head Start grantees 57905. We proposed consideration of from 2016 indicates improvements in that are delivering high quality services the following: Head Start classroom quality from 2006 and can receive funding (1) Remove lowest 10 percent in any to 2014, including the time during the noncompetitively for a five-year period of the three CLASS domains; implementation of DRS.3 However, and grantees that will be required to (2) Increase Emotional Support concerns with the fiscal audit finding compete for continued funding and (2) threshold from 3 to 5; and the way CLASS is implemented (3) Increase Classroom Organization to transition all grants from indefinite have become increasingly clear. grants to five-year grant periods. threshold from 4 to 5; The DRS requires grantees to compete (4) Allow the Secretary to set For reasons established in this for continued funding if they meet one Instructional Support (IS) threshold document, we only propose targeted or more of the following seven each year using CLASS scores from changes to the CLASS condition and the conditions: previous year’s monitoring data; audit-based fiscal condition. The (1) One deficiency under section (5) How Instructional Support and current CLASS condition competes 641A(c)(1)(A), (C), or (D) of the Act; other thresholds could be set and/or grantees who fall below the 10 percent (2) failure to establish, use, and adjusted to incentivize continuous requirement in any of the three CLASS analyze children’s progress on agency program improvement; and domains, which often results in grantees (6) Administrative changes to DRS to established School Readiness goals; being designated for competition that more broadly include ways we can (3) scores below minimum thresholds are demonstrating high quality in incentivize robust competition with in any of the three domains of the Emotional Support and Classroom new applicants, facilitate smooth CLASS or in the lowest 10 percent in Organization, while grantees who fall transitions when there is a new grantee any CLASS domain out of the grantees below the mid-range for quality in as a result of competition, and improve monitored in a given year unless the Instructional Support are not always the DRS processes. grantee’s score is equal to or above the identified for competition. The existing We received 145 unique comments in standard of excellence for that domain; fiscal condition, under-identifies response to the Federal Register notice. (4) revocation of a license to operate grantees with fiscal challenges It is important to note that one a center or program; documented in their annual audit data submission had thousands of cosigners (5) suspension from the program; and underutilizes important annual from organizations such as regional and (6) debarment from receiving federal audit data. Consequently, we believe state Head Start associations, grantees, or state funds or disqualified from the revisions to these conditions are community partners, and national Child and Adult Care Food Program; or, necessary to ensure we identify those organizations. All comments are (7) an audit finding of at risk for communities where competition is the available for public view at failing to continue as a ‘‘going concern.’’ most warranted, more effectively hold www.regulations.gov, and we briefly We did not revise the DRS when we grantees accountable, and increase the issued the new Head Start Program summarize them here. Some commenters recommended we transparency of DRS. Performance Standards (performance no longer use CLASS in DRS. Nearly all In the request for comments, we standards) in 2016 because the commenters supported removal of the received a few comments related to the transition period to five-year grants was lowest 10 percent CLASS condition. deficiency condition. While ACF is not not complete. Most commenters mentioned the lowest proposing a change to the deficiency As required in Section 641(c)(8) of the 10 percent CLASS condition resulted in condition in this NPRM, we are seeking Head Start Act (42 U.S.C. 9836(c)(8)), a moving target for grantees. A majority comment about whether we should ACF has been regularly analyzing data supported the use of absolute thresholds consider a change to the single on the implementation of the DRS and and keeping the current thresholds in deficiency trigger. ACF continues to on those grantees required to compete. each domain. Many commenters stand by its policy that one deficiency In 2016, ACF’s Office of Planning, suggested using CLASS scores from two is serious enough to cause a grantee to Research, and Evaluation published a reviews (e.g., two CLASS reviews) or an compete for continued funding. report of its DRS evaluation, titled opportunity to show improvement However, we have heard concerns that ‘‘Early Implementation of the Head Start before designating grantees for the single deficiency trigger is too Designation Renewal System,’’ which competition. The tribal community stringent and causes competition for examined how the system is addressing suggested establishing mandatory its goals of transparency, validity, and grantees that are high quality and had cultural and linguistic awareness reliability.1 The study further explored an isolated issue. We believe this NPRM training for CLASS observers to be whether DRS is identifying lower- provides another opportunity for developed and implemented in performing grantees for competition and stakeholders to provide input to ACF on consultation with tribal nations. how DRS might support program quality this issue. We specifically seek Commenters offered various approaches improvement. comment on whether the condition or systems for using CLASS scores in should be two or more deficiencies Request for Comment on Head Start determining designation status, all of rather than a single deficiency. Designation Renewal System which had varying levels of complexity Improvements from an implementation perspective. 2 https://www.acf.hhs.gov/opre/research/project/ We believe the DRS has driven We published a request for comment evaluation-of-the-head-start-designation-renewal- increased accountability and improved system-drs. in the Federal Register in December the quality of services Head Start 3 Aikens, N., Bush, C., Gleason, P., Malone, L., & Tarullo, L. (2016). Tracking Quality in Head Start 1 https://www.acf.hhs.gov/opre/research/project/ programs are providing to children and Classrooms: FACES 2006 to FACES 2014. evaluation-of-the-head-start-designation-renewal- families. The DRS evaluation provides Washington, DC: U.S. Department of Health and system-drs. evidence that DRS is incentivizing Human Services.

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The CLASS Tool of liquidation. As defined in the risks.6 Subsequently, Congress required After extensive expert feedback it was performance standards, going concern that OHS use audit findings in making determined that CLASS is the only means an organization that operates DRS determinations. The Secretary’s existing instrument that meets the without the threat of liquidation for a Advisory Committee on Re-designation statutory requirements in Section period of at least 12 months. This of Head Start Grantees recommended 641A(c)(2)(F) of the Act. The CLASS is finding is a very serious fiscal finding that grantees that are considered to be a research-based tool that measures related to the viability of an fiscally ‘‘high risk’’ be required to 7 teacher-child interaction on a seven- organization. Based on our analysis of compete. While ACF no longer uses the point scale in three broad domains: the last six cohorts, this condition has ‘‘high risk’’ designation for grantees, its Emotional Support, Classroom identified very few grantees for mention in the report highlights the Organization, and Instructional competition. importance the Advisory Committee Support. Emotional Support assesses The Head Start Act and regulations placed on mitigating fiscal risk. the degree to which teachers establish have required annual audits of grantees In 2010, the DRS Notice of Proposed and promote positive classroom for decades. The performance standards Rulemaking proposed a two part fiscal climates through everyday interactions. conform to the new Uniform condition that included ‘‘going Classroom Organization assesses Administrative Requirements for HHS concern’’ and ‘‘material weakness.’’ 75 teachers’ productivity, how they Awards (45 CFR part 75) that requires FR 57704, 57717. Commenters organize classroom routines and every federal grantee receiving $750,000 responding to the NPRM stated a learning formats, and how they manage or more to complete an annual audit material weakness finding could children’s behaviors. Instructional and report the results to the Federal represent a minor problem and Support assesses the ways in which Audit Clearinghouse (FAC). 45 CFR suggested that we look instead for a teachers implement the curriculum to 75.501(a). This requirement applies to a pattern of fiscal challenges. 76 FR effectively promote cognitive and majority of Head Start grantees. 70010, 70021. As described in the language development.4 Qualified independent audit Section-by-Section Discussion, we The CLASS was developed in professionals prepare annual audit believe that a more comprehensive look response to research findings indicating reports and file the reports with the at the audit report would identify the importance of teacher-child FAC. Once an audit report is filed with patterns of fiscal challenges and more interactions as a demonstrated measure the FAC, it is final and available to the accurately identify grantees for of classroom quality and as a means to public. If there are questioned cost or competition. findings in the audit report, ACF promote children’s development and Goal of This NPRM learning. The tool is administered by implements its audit resolution process We propose changes to the CLASS trained and certified observers using a to ensure the grantee has addressed any condition and the fiscal condition specific protocol for scoring. Observers issues. The audit resolution process may related to audit findings to ensure we assess how teachers interact with require the grantee to implement new identify those communities where children in classrooms and rate each fiscal policies and procedures to resolve competition is the most warranted, more CLASS domain on a 7-point scale, from an issue. Further, the process may effectively hold grantees accountable, low to high. Observers assign a score of require resolution of any questioned and increase the transparency of DRS. 1 to 2 (low-range of quality) when costs or any disallowances. For the CLASS condition, our goals are teachers poorly manage children’s Audit findings according to the to ensure we are not competing grantees behaviors, when instruction is purely Uniform Administrative Requirements demonstrating high quality in Emotional rote, or when there is little teacher-child for HHS Awards at 45 CFR 75.2 mean Support and Classroom Organization, to interaction. Observers assign a score of ‘‘deficiencies which the auditor is compete grantees who have 3 to 5 (mid-range of quality) when required by 75.516(a) to report in the Instructional Support scores that fall teachers show a mix of effective schedule of findings and questioned below the mid-range of quality, and to interactions with periods when costs.’’ An independent auditor create meaningful competition that interactions are either not effective or evaluates an entity based on a set of maximizes our resources and drives are absent. Observers assign a score of several elements related to management 6 to 7 (high-range of quality) if teachers of financial systems and prudent fiscal quality improvement. For the fiscal show consistently effective teacher- decision making, or internal control. condition, our goal is to broaden our use Internal control, as defined in child interactions throughout the of information about a grantee’s fiscal accounting and auditing, is a process for observation period.5 processes, financial management, and assuring an organization’s objectives in fiscal systems by incorporating Fiscal Condition operational effectiveness and efficiency, additional audit findings to ensure ACF Section 641(c)(1) of the Head Start Act reliable financial reporting, and better identifies grantees with fiscal requires DRS to include, as a condition compliance with laws, regulations, and challenges for competition. The for competition, a criteria based on policies. The elements of audit findings additional technical revisions to this grantee’s annual audits. The current include significant deficiencies or subpart will not alter the substance of DRS fiscal condition requires material weaknesses in internal control; the regulation, but will ensure the competition when a grantee is at risk for questioned costs, compliance with failing to continue as a going concern, federal and other statutes and 6 GAO (2005). ‘Head Start: Comprehensive meaning an organization is facing threat regulations; and known or likely fraud. Approach to Identifying and Addressing Risks In 2005, the United States Could Help Prevent Grantee Financial Management Weaknesses (GAO–05 176). Washington, DC: U.S. 4 Hamre, Bridget K., La Paro, Karen M., & Pianta, Government Accountability Office Government Accountability Office. http:// Robert C. (2009). Classroom Assessment Scoring (GAO) issued a report that identified www.gao.gov/new.items/d05176.pdf. System Manual Pre-K. Baltimore, MD: Paul H. risks in ACF oversight of Head Start 7 HHS (2008). A System of Designation Renewal Brooks Publishing Co, Inc. grantees financial management of Head Start Grantees: Report of the Secretary’s 5 Hamre, Bridget K., La Paro, Karen M., & Pianta, Advisory Committee on Re-designation of Head Robert C. (2009). Classroom Assessment Scoring weaknesses and recommended Start Grantees. https://eclkc.ohs.acf.hhs.gov/report/ System Manual Pre-K. Baltimore, MD: Paul H. considering competing grantees system-designation-renewal-head-start-grantees- Brooks Publishing Co, Inc. showing fiscal management and other report-secretarys-advisory-committee-re.

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language of the Head Start requirements seven conditions described in this in that year. Additionally, the 10 are clear, updated, streamlined, and section, an open competition is percent criteria includes a high-quality transparent to the public. conducted to determine whether the threshold, or ‘‘standard of excellence,’’ incumbent grantee or another entity in across all domains that would exempt II. Statutory Authority To Issue NPRM the community is best qualified to run grantees that score a 6 or above from We publish this NPRM under the the Head Start program. This section competition. authority granted to the Secretary of institutes effective dates for various Based on our experience Health and Human Services by sections conditions. Since all grantees have implementing the CLASS condition 641, 644(c), 645A(b)(12), and 647 of the transitioned through DRS and now have since 2012, analysis of our monitoring Act (42 U.S.C. 9836, 9839, 9840a, 9842) five-year grant periods, the various data, findings of the implementation as amended by the Improving Head effective dates are no longer relevant. evaluation, and comments we received Start for School Readiness Act of 2007 Throughout this part of the NPRM, we in response to the December 2017 (Pub. L. 110–134). Generally, under describe revisions to remove the Federal Register notice, we have these sections, the Secretary is required outdated language. determined three challenges with the to develop a system for designation current condition. First, the results of renewal. The system must determine if 1304.11(b) School Readiness Goals the lowest 10 percent criterion show we a grantee delivers high-quality This paragraph establishes are identifying relatively high comprehensive services that meet requirements for grantees developing performing grantees demonstrating high families’ educational, health, and using school readiness goals as quality in Emotional Support and nutritional, and social needs and to required in the Act. Grantees are Classroom Organization to compete for determine if the grantee meets program required to establish school readiness continued funding, but we are not and financial management goals, aggregate and analyze child-level identifying some grantees with requirements. assessment data three times a year, and Instructional Support scores that fall analyze individual child-level below the mid-range of quality. III. Section-by-Section Discussion of assessment data to inform progress on Second, the relative threshold in the Proposed Changes to the Designation the goals. We propose to maintain this current CLASS condition means there is Renewal System requirement and only remove dates that no clear target grantees can aim to We propose the following changes to are no longer relevant. Paragraph (b)(1) achieve. Instead of a transparent system the Head Start regulations, under sets ‘‘December 9, 2011’’ as the date by where grantees know the standard for subpart B of part 1304, Federal which grantees must establish school which they are being held accountable, Administrative Procedures, at readiness goals. We propose to remove a relative threshold results in informing §§ 1304.11, 1304.12, and 1304.15 and the phrase, ‘‘After December 9, 2011’’ grantees of the expectations after all part 1305, Definitions. We believe these because it is outdated. grantees have been reviewed. The changes will ensure the regulations are In paragraph (b)(1)(ii), we propose to lowest 10 percent criterion also results accurate and up to date; and that they remove the phrase ‘‘Birth to Five Head in a moving target where the clarify and streamline the language of Start Child Outcomes Framework,’’ and expectation of quality changes year to the existing regulation. For example, we replace it with ‘‘Head Start Early year. The cut-off for a group of grantees propose to remove all references to Learning Outcomes Framework: Ages monitored in one year is different from December 9, 2011, the effective date of Birth to Five.’’ In 2015, OHS issued a the standard for another group of the DRS regulation, because that date new framework to include children grantees monitored in another year. has passed. We also propose to remove from birth to age five. Additionally, the Recent cut-off scores are as follows; in any references to the transition to five- new framework now has indicators of 2015: Emotional Support 5.6563; year grants since all grantees have been what children should know and be able Classroom Organization 5.2708; evaluated through DRS and transitioned to do at 36 and 60 months of age and Instructional Support 2.2262; in 2016: to five-year grants. the developmental progressions that Emotional Support 5.5952; Classroom Additionally, we propose substantive leads to those outcomes. Organization 5.2500; Instructional changes to conditions in §§ 1304.11(c) For the same reason discussed earlier, Support 2.2222; in 2017: Emotional and (g) to ensure we identify grantees we propose to remove the phrase, ‘‘After Support 5.7024; Classroom Organization where competition is most warranted, December 9, 2011’’, in paragraph (b)(2). 5.3264; Instructional Support 2.3095.8 more effectively hold grantees This lack of transparency was a concern 1304.11(c) CLASS Condition accountable, and increase the highlighted in ACF’s evaluation of transparency of DRS. Specifically, we This paragraph establishes the use of DRS.9 propose to raise the absolute threshold the CLASS: Pre-K tool to assess a Third, the current condition creates for each CLASS domain and remove the grantee’s designation status. This implementation problems. To determine lowest 10 percent criterion. We also condition is a two-part criterion that which grantees score in the lowest 10 propose to add a second criterion to the consists of both an absolute threshold percent each year, we must complete all fiscal condition related to audit and a relative threshold. With the monitoring reviews before we can findings. absolute threshold, grantees must analyze the full set of data and identify compete if their CLASS scores fall the 10 percent cut-off point. During this Section 1304.11 Basis for Determining below the following minimum quality waiting period, Head Start programs Whether a Head Start Agency Will Be thresholds for each of the three know their CLASS scores, but do not Subject to an Open Competition domains: 2 for Instructional Support, 3 know whether they are in the lowest 10 Section 1304.11 establishes the for Classroom Organization, and 4 for percent and will be required to compete. conditions that require a grantee to Emotional Support. The relative compete for continued funding under threshold requires grantees to compete 8 https://eclkc.ohs.acf.hhs.gov/data-ongoing- the DRS. Congress established the basis for continued funding if their average monitoring/article/national-overview-grantee- classr-scores-2017. for the DRS and we published a final scores across classrooms fall in the 9 https://www.acf.hhs.gov/opre/research/project/ rule codifying these requirements in lowest 10 percent on any of the three evaluation-of-the-head-start-designation-renewal- 2011. If a grantee meets any one of the CLASS domains for grantees observed system-drs.

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In the DRS evaluation, programs Additionally, children showed more these data do not point to the ‘‘right’’ reported uncertainty associated with the advanced academic and language skills threshold, it provides the range in waiting period and not knowing when their preschool teachers provided which classrooms and programs whether they would be designated for instruction rated in the mid- to high- typically score. competition has led to stress and quality range.17 In addition to For these reasons, we propose to turnover among staff. We know stability suggesting a ‘‘threshold range’’ rather eliminate the lowest 10 percent criterion and consistency from nurturing than a specific threshold, there is also of the CLASS condition and raise the responsive caregivers are important for general support from the research that absolute thresholds to 2.5 for children’s development. Research classroom quality needs to be out of the Instructional Support, 5 for Classroom suggests stress compromises the quality low-range (above a 2) to support Organization, and 5 for Emotional of teacher-child interactions and staff children’s development.18 Support which we believe will improve turnover disrupts continuity of care and Lastly, there is no national average for quality, address all the concerns reduces the stability programs can CLASS scores, but we can look to previously identified and ensure all provide to children.10 11 numerous studies and settings to tell us grantees are held to the same standard Given the emphasis on teacher-child how early childhood preschool year to year. Since research does not interactions as a critical ingredient of a classrooms typically score across the specify an exact threshold for each high quality classroom experience, the CLASS domains. Aside from Head Start domain, our proposal uses guidelines CLASS tool has been the observational monitoring, 19 states use CLASS as the from the CLASS manual to set tool used to address research questions classroom observation tool in their state thresholds that align with the broad in many studies. Evidence suggests Pre-K programs,19 and 23 states have research principle that programs need to children learn more in well-organized adopted it as part of their Quality Rating be out of the low-range on quality (i.e., classroom environments that are and Improvement System.20 We above a 2). These proposed thresholds characterized by sensitive and acknowledge there are some differences are higher than our current minimums, responsive interactions that promote in the way CLASS is implemented and we believe this would strengthen autonomy, conversation, literacy skills, across different settings (e.g., the the quality of teacher-child interactions and executive functioning.12 Children number of classroom observations, in Head Start classrooms. gain these skills when they experience whether the scores are averaged at the In paragraph (c), we propose to higher quality teacher-children program or classroom level), but the remove the colon ‘‘:’’ from the stem interactions and instruction.13 Research data are nonetheless useful for sentence. In paragraph (c)(1), we suggests there is a ‘‘threshold range,’’ 14 understanding the landscape of how propose to remove the phrase ‘‘After or ‘‘active range,’’ 15 where we begin to classrooms and programs score on the December 9, 2011,’’ because it is see outcomes related to children’s CLASS. outdated and we propose to move the school readiness. For example, research We know the average preschool remaining text to the stem sentence. We demonstrates that when teachers were classroom scores are higher in the propose to re-designate paragraph (c)(1) more responsive and sensitive and were domains of Emotional Support and as paragraph (c) and re-designate rated as providing high-quality Classroom Organization (5.0–6.0) than paragraphs (i) through (iii) as emotional support, children showed in the domain of Instructional Support paragraphs (1) through (3). better social adjustment and fewer (2.0–3.0).21 22 CLASS scores in the three In new paragraph (c)(1), for the behavior problems.16 domains appear consistent across a minimum threshold for Emotional variety of settings, even when settings Support, we propose to remove ‘‘4’’ and 10 Whitaker, R.C., Dearth-Wesley, T., & Gooze, include children of diverse backgrounds replace it with ‘‘5.’’ We believe this R.A. (2015). Workplace stress and the quality of 23 24 25 26 27 change will increase the standard of teacher-children relationships in Head Start. Early and income levels. While Childhood Research Quarterly, 30(1A), 57–69. quality and move programs closer to the 11 Cassidy, D.J., King, E.K., Wang, Y., Lower, J.K., 17 Ibid. high-quality range. At a score of 5, we & Kintner-Duffy, V.L. (2017). Teacher work 18 HHS (2012) report from the Secretary’s would expect to see with more environments are toddler learning environments: Advisory Committee on Head Start Research and frequency and consistency the behaviors Teacher professional well-being, classroom Evaluation. https://www.acf.hhs.gov/sites/default/ emotional support, and toddlers’ emotional files/opre/eval_final.pdf. and interactions that matter for expressions and behaviours. Early Child 19 Friedman-Krauss, A.H., Barnett, S.W., Development and Care, 187(11), 1666–1678. Weisenfeld, G.G., Richard Kasmin, R., Nicole Eleven States: NCEDL’s Multi-State Study of Pre- 12 Hatfield, B.E., Burchinal, M.R., Pianta, R.C., & DiCrecchio, N., & Horowitz, M. (2018). The state of Kindergarten & Study of State-Wide Early Sideris, J. (2016). Thresholds in the association preschool 2017: State preschool yearbook, Education Programs (SWEEP). between quality of teacher–child interactions and Appendix A. New Brunswick, NJ: National Institute 24 Burchinal, M., Mokrova, I., Bratsch-Hines, M., preschool children’s school readiness skills. Early for Early Education Research. Peisner-Feinberg, E. (2018). Pre-K classroom Childhood Research Quarterly, 36, 561–571. 20 Teachstone. CLASS: A Leading QRIS Standard. characteristics and Pre-K gains of children living in 13 Ibid. Retrieved from https://teachstone.com/class/. rural areas. PowerPoint presentation at the National 14 National Center for Research on Early 21 Early, D., Barbarin, O., Bryant, D., Burchinal, Research Conference on Early Childhood on the Childhood Education In Focus: Increasing M., Chang, F., Clifford, R., Crawford, G. & Weaver, Early Learning Network Year 1 Results: Preschool knowledge in early childhood (February 2010, W. & Howes, C. & Ritchie, S., & Kraft-Sayre, M., & Educational Practices and Child Outcomes. NCRECE in Focus Vo. 1 Issue 2). Learning how Piata, B., & Barnett, S. (2005). Pre-Kindergarten in 25 Moiduddin, E., Aikens, N., Tarullo, L., West, J., much quality is necessary to get good results for Eleven States: NCEDL’s Multi-State Study of Pre- Xue, Y. (2012). Child Outcomes and Classroom children. Kindergarten & Study of State-Wide Early Quality in FACES 2009. OPRE Report 2012–37a. 15 Burchinal, M., Xue, Y., Tien, H., Auger, A., & Education Programs (SWEEP). Washington, DC: Office of Planning, Research and Mashburn A.J. (2011, March). Secondary data 22 Moiduddin, E., Aikens, N., Tarullo, L., West, J., Evaluation, Administration for Children and analysis looking for thresholds in child care quality. Xue, Y. (2012). Child Outcomes and Classroom Families, U.S. Department of Health and Human PowerPoint presentation at the Biennial Meeting of Quality in FACES 2009. OPRE Report 2012–37a. Services. the Society for Research in Child Development, Washington, DC: Office of Planning, Research and 26 Tout, K., Cleveland, J., Li, W., Starr, R., Soli, Montreal, Canada. Evaluation, Administration for Children and M. & Bultinck, E. (2016). The Parent Aware 16 National Center for Research on Early Families, U.S. Department of Health and Human Evaluation: Initial Validation Report. Minneapolis, Childhood Education In Focus: Increasing Services. MN: Child Trends. knowledge in early childhood (February 2010, 23 Early, D., Barbarin, O., Bryant, D., Burchinal, 27 Swanson, C., Carran, D., Guttman, A., Wright, NCRECE in Focus Vo. 1 Issue 2). Learning how M., Chang, F., Clifford, R., Crawford, G. & Weaver, T., Murray, M., Alexander, C., & Nunn, J. (2017). much quality is necessary to get good results for W. & Howes, C. & Ritchie, S., & Kraft-Sayre, M., & Maryland EXCELS Validation Study. Johns Hopkins children. Piata, B., & Barnett, S. (2005). Pre-Kindergarten in University, Baltimore, Maryland.

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children’s social emotional opportunity to appeal a suspension was been terminated or relinquished their development. For example, we would removed in the performance standards, grants due to their inability to correct see more evidence of warm and so we propose to remove references to fiscal problems. Unaddressed fiscal supportive relationships between the appeal. For this reason, we are updating challenges can lead to a grantee’s teacher and child; more examples of this paragraph but not changing the inability to purchase supplies, pay teacher responsiveness and sensitivity requirement. teachers, or ultimately serve children. If to children’s needs; and more Specifically, we propose to remove a Head Start grantee is terminated or interactions where the teacher supports the phrase ‘‘there is a pending appeal relinquishes the grant due to a fiscal the child’s interests, motivations, and and’’ in the second sentence. In the crisis, a disruption in services to autonomy. third sentence of paragraph (e), we children and families may occur. In new paragraph (c)(2), for Classroom propose to add the phrase ‘‘and the Therefore, we want to compete grantees Organization, we propose to remove ‘‘3’’ suspension remains in place,’’ and before their fiscal challenges escalate. and replace it with ‘‘5.’’ Like the change remove the phrase, ‘‘regardless of the Competition allows the incumbent we propose as the minimum threshold appeal status.’’ Additionally, we grantee and other entities in the for Emotional Support, we believe this propose to remove the incorrect community an opportunity to proposed change will also set a much reference to ‘‘1304.16,’’ and replace it demonstrate they are best qualified higher standard that moves programs with ‘‘1304.15.’’ fiscally and programmatically to run the closer to the high-quality range. At a 1304.11(g) Fiscal Condition Head Start program. Each community score of 5, we believe we would see deserves to have a fiscally responsible many more consistent examples of Currently, the fiscal condition of DRS grantee administering the Head Start classroom processes and management requires a grantee to compete if an audit program. that support children’s learning. For has indicated the grantee is at risk of Therefore, we propose to add a example, we would see more instances ceasing to be a going concern, in other second criterion to the existing of clear behavioral expectations and use words at risk of liquidation, in the near condition based on grantees’ annual of effective methods to prevent and future. The going concern condition independent audit findings. In redirect misbehavior. We would see under-identifies grantees with fiscal examining options for the proposed more teacher preparation for activities, challenges documented in their annual condition, we worked with the ACF more evidence of classroom routines, audit data. Based on our analysis of the Office of Grants Management and other and more ways in which the teacher last six DRS cohorts, this condition has ACF divisions. Initially, we considered maximizes children’s engagement and identified very few grantees for requiring grantees to compete if they interest. competition. However, our analysis of were not deemed a low risk auditee in In new paragraph (c)(3), for grantee annual audit reports shows their audit filing. The determination of Instructional Support, we propose to fiscal concerns related to grantees’ Head low risk auditee considers elements that remove ‘‘2’’ and replace it with ‘‘2.5.’’ Start funds is a more prevalent issue. indicate fiscal soundness, strong We believe this proposed change would For example, numerous grantees had internal controls, and prudent financial set an expectation that moves programs audit findings related to their Head Start management. A low risk determination out of the low range and toward the grant in two or more audits during their includes the following elements: (1) mid-range of quality. At this higher five-year grant period. In focusing only Less than five percent total costs score, we would expect to see with on fiscal viability rather than broader questioned, (2) continues as a going greater frequency more of the behaviors audit findings in DRS, we are missing concern, and (3) no material and interactions that matter for an opportunity to compete grantees who weaknesses. A ‘‘material weakness’’ is a children’s learning. For example, we have other strong indicators of potential deficiency, or a combination of would expect to see more activities that fiscal risks. We believe grantees with deficiencies, in internal control over encourage analysis and reasoning, more indicators pointing to a lack of fiscal financial reporting, such that there is a use of advanced language, and more viability (going concern) must be reasonable possibility that a material evidence of teachers expanding on required to compete, as well as grantees misstatement of the entity’s annual or children’s learning. Setting the with challenges in fiscal capacity interim financial statements will not be threshold at 2.5 would drive quality identified before their viability is at risk. prevented or detected on a timely basis. improvement and set an achievable and Specifically, the current condition does After analyzing this option, we transparent target. not capture valuable information to decided that a not low risk Finally, we propose to remove the inform us of an organization’s fiscal determination could indicate potential existing paragraph (c)(2) in its entirety processes, systems and management. fiscal risk at the agency level. However, to eliminate the lowest 10 percent Since the implementation of this it does not necessarily indicate major criterion and the standard of excellence. condition in 2011, it has become ongoing problems in financial With the proposed use of absolute increasingly evident that we need an management of a Head Start grant. thresholds, this paragraph is no longer earlier predictor to ensure we identify Instead, we propose to focus on audit applicable. Additionally, we propose to and mitigate potential fiscal risks to an findings specifically related to the Head replace this paragraph with the newly organization prior to facing the threat of Start grant. We believe a grantee should designated paragraph (c)(2) to reflect the a liquidation. be required to compete if it had any proposed new threshold for Classroom Fiscal challenges may result in audit findings associated with Head Organization. operational challenges that create Start funds in two or more annual audit reduced program quality and stability of reports within the first three fiscal years 1304.11(e) Suspension by OHS services to the children and families of its five-year grant cycle. We believe Paragraph (e) requires a grantee to grantees serve. While we can only adding this second criterion to the fiscal compete for continued funding if they speculate on how many grantees would condition addresses the current have been suspended by OHS. When be impacted by this revised condition, weaknesses in two ways. DRS became effective, grantees had an we have experiential knowledge that it First, examining additional audit data opportunity to appeal a suspension by is best to prevent fiscal emergencies. In gives a more comprehensive picture of OHS. However, the grantees’ recent years, multiple grantees have the grantee’s fiscal management

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capacity relative to Head Start funding. requiring a grantee to compete if it is at redesignate paragraph (a)(2) as This process identifies grantees with risk of failing to be a going concern, will paragraph (a). The newly redesignated known multiple fiscal weaknesses and be redesignated as (g)(1). We propose to paragraph (a) will read: ‘‘Grantees must requires them to compete for continued amend new paragraph (g)(1) by apply to be considered for Designation funding. Using additional audit findings changing the timeframe from within the Renewal. A Head Start or Early Head allows us to assess more information twelve months preceding the Start agency wishing to be considered to about potential risk to Federal Head designation determination to a have its designation as a Head Start or Start funds or Head Start property timeframe within the five-year grant Early Head Start agency renewed for caused by ineffective financial period. another five-year period without management systems. These findings Proposed new paragraph (g)(2) will competition must request that status demonstrate a pattern and indicate establish a second fiscal criterion that a from ACF at least 12 months before the significant fiscal concern that should grantee with audit findings associated end of their five-year grant period or by require these grantees to compete. This with its Head Start funds (CFDA 93.600) such time required by the Secretary.’’ In Head Start-specific use of audit findings in two or more audit reports in the first paragraph (b), we propose to add the in DRS determinations allows us to three years of the grant period will be phrase ‘‘during the current grant identify indicators of fiscal management required to compete. period,’’ at the end of the sentence since weaknesses and oversight risks earlier 1304.12 Grantee Reporting all grantees are now on five-year grant and consistently in DRS. Requirements Concerning Certain periods and only data from the current Second, going concern does not Conditions grant period will be reviewed. We also directly target fiscal challenges in propose to remove the colon ‘‘:’’ and managing the Head Start grant. We This section requires grantees to replace it with a period ‘‘.’’. We propose believe the proposed additional report to OHS when certain events have to remove paragraphs (b)(1), (2) and (3) occurred. Grantees are required to report criterion would ensure that we use in their entirety because they are out of to OHS within 10 working days in the specific Head Start data in making DRS date. case of the following events: (1) determinations. Many Head Start We propose to amend paragraph (c) Revocation of a license; (2) bankruptcy; grantees manage grants from multiple by deleting the colon ‘‘:’’ at the end and (3) debarment; and (4) audit finding of Federal agencies and the annual audit replacing it with a comma ‘‘,’’. At the at risk for ceasing to be a going concern. report encompasses all the programs run end of paragraph (c), we propose to add We do not propose any policy changes, by a grantee. We would only consider the phrase ‘‘at least 12 months before but propose to remove dates that are no audit findings in any Head Start grants the expiration date of a Head Start or longer relevant. We propose to remove for purposes of DRS to specifically Early Head Start agency’s current grant paragraph 1304.12 (a) in its entirety and mitigate fiscal risks to the Head Start stating:’’ Further, due to the mention of in paragraph (b) we propose to remove program. the transition period, we propose to Our proposal changes the timeframe the phrase ‘‘following December 9, eliminate paragraphs (c)(1), (c)(2) and for using a finding of going concern but 2011.’’ Because paragraph (a) is (c)(3) entirely. Consequently, we maintains the existing requirement for removed, we propose to redesignate propose to redesignate paragraph competition. Instead of competing a paragraphs (b)(1) through (4) as (c)(3)(i) as paragraph (c)(1) and grantee that has been found at risk of paragraphs (a), (b), (c), and (d) paragraph (c)(3)(ii) as paragraph (c)(2). failing to be a going concern in the respectively. In paragraph (c)(2), we propose to previous 12 months, we believe that a 1304.15 Designation Request, Review remove the reference to ‘‘(c)(3)(i),’’ and finding of going concern at any time and Notification Process replace it with ‘‘(c)(1).’’ during the five-year grant period is significant and we revise the regulatory This section creates the processes for Section 1305.2 Terms text accordingly. a grantee requesting non-competitive Section 1305.2 defines the terms used This proposed revision to the fiscal renewal, for OHS determining condition does not impose a new designation, and for OHS notifying in the performance standards. We requirement on Head Start grantees. grantees of their designation renewal propose to add to § 1305.2 a definition Conversely, it allows OHS to use status. In this section, we propose to of ‘‘denial of refunding’’ which was existing requirements and data more remove the language that refers to the referenced in § 1304.13 and accidentally effectively for ongoing oversight and transition to five-year grants and the omitted from the performance standards improvement of grantees’ fiscal systems. process before and after the transition. published in 2016. We believe this proposal is in line with This language is no longer relevant as Effective Dates: Current Head Start the goal of DRS to promote all grantees have transitioned through CLASS standards remain in effect until accountability and continuous DRS to five-year grants. Our proposal this NPRM becomes final. We propose improvement of grantees. Competition seeks to simplify, clarify, and update for this rule to become effective with the is not an adverse action. It requires the this section. We also revise language to fiscal year immediately following the current grantee to demonstrate that make it clear that only data from the publication of the final rule, but not less renewal of their grant is warranted, grantee’s current grant period will be than 30 days after the publication date. while providing other entities in the reviewed for designation We specifically request comments on community an opportunity to apply for determinations. In addition, we no this proposed effective date. funding. longer send communication to grantees IV. Regulatory Process Matters Specifically, we propose to revise via certified mail and therefore we paragraph (g) and add new paragraphs propose to remove that language. Regulatory Flexibility Act (g)(1) and (g)(2). The proposed new We propose to remove paragraph The Regulatory Flexibility Act paragraph (g) outlines the two fiscal (a)(1) entirely. In existing paragraph (RFA),28 as amended by the Small criteria and would read as follows, ‘‘An (a)(2), we propose to remove the phrase Business Regulatory Enforcement agency meets one of the two criteria of ‘‘After the transition period,’’ at the Fairness Act, requires Federal agencies this fiscal requirement:’’ Existing beginning of the first sentence because paragraph (g), the current criteria it is out of date. Next, we propose to 28 See 5 U.S.C. 605(b).

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to determine, to the extent feasible, a require spending in any one year of This proposed rule will not have rule’s economic impact on small $100 million in 1995 dollars, updated substantial direct impact on the states, entities, explore regulatory options for annually for inflation. In 2019, that on the relationship between the Federal reducing any significant economic threshold is approximately $154 Government and the states, or on the impact on a substantial number of such million. This rule does not contain distribution of power and entities, and explain their regulatory mandates that will impose spending responsibilities among the various approach. costs on state, local, or tribal levels of government. Therefore, in The term ‘‘small entities,’’ as defined governments in the aggregate, or by the accordance with section 6 of Executive in the RFA, comprises small businesses, private sector, in excess of the Order 13132, it is determined that this not-for-profit organizations that are threshold. action does not have sufficient independently owned and operated and federalism implications to warrant the Treasury and General Government are not dominant in their fields, and preparation of a federalism summary Appropriations Act of 1999 governmental jurisdictions with impact statement. populations of less than 50,000. Under Section 654 of the Treasury and Congressional Review this definition, some Head Start grantees General Government Appropriations may be small entities. However, in Act of 1999 requires Federal agencies to The Congressional Review Act (CRA) accordance with the RFA, we certify determine whether a policy or allows Congress to review ‘‘major’’ rules this proposed rule would not have a regulation may negatively affect family issued by Federal agencies before the significant economic impact on a well-being. If the agency determines a rules take effect.30 The CRA defines a substantial number of small entities. policy or regulation negatively affects major rule as one that has resulted or is In this NPRM, we are not imposing a family well-being, then the agency must likely to result in (1) an annual effect on negative impact on small entities so we prepare an impact assessment the economy of $100 million or more; do not need to consider relief. The addressing seven criteria specified in (2) a major increase in costs or prices for action we propose here is intended to the law. consumers, individual industries, ensure accountability for Federal funds We believe it is not necessary to Federal, state or local government is consistent with the purposes of the prepare a family policymaking agencies, or geographic regions; or (3) Head Start Act and is not duplicative of assessment, because the action we significant adverse effects on other requirements. If you think your propose in this NPRM will not have any competition, employment, investment, business, organization, or governmental impact on the autonomy or integrity of productivity, or innovation, or on the jurisdiction qualifies as a small entity the family as an institution. However, if ability of United States-based and this rule would have a significant you think this action would have a enterprises to compete with foreign- economic impact on it, please submit a negative effect on family well-being, based enterprises in domestic and comment (see ADDRESSES) explaining please submit a comment explaining export markets.31 This action is not why you think it qualifies and how and why (see ADDRESSES). expected to be a major rule. to what degree this rule would Federalism Assessment Executive Order Paperwork Reduction Act of 1995 economically affect it. 13132 This proposed rule establishes new Unfunded Mandates Reform Act Executive Order 13132 requires information collection requirements The Unfunded Mandates Reform Act Federal agencies to consult with state under the Paperwork Reduction Act of of 1995 (UMRA) 29 was enacted to avoid and local government officials if they 1995 (44 U.S.C. 3507). As required by imposing unfunded Federal mandates develop regulatory policies with the Paperwork Reduction Act of 1995, on state, local, and tribal governments, federalism implications. Federalism is we will submit a copy of these sections or on the private sector. Section 202 of rooted in the belief that issues that are to the Office of Management and Budget UMRA requires that agencies assess not national in scope or significance are (OMB) for review and they will not be anticipated costs and benefits before most appropriately addressed by the effective until they have been approved issuing any rule whose mandates level of government close to the people. and assigned an OMB control number.

Average annual burden Requirement Annual respondents per Total annual respondent burden hours (hours)

1304.15(a): Each Head Start or Early Head Start Total grants 2,000, 400 grants impacted annually ...... 0.25 100 agency wishing to be renewed for five years with- out competition shall request that status from ACF. (Existing). 1304.13: Agencies required to compete will have to 120 Grants ...... 60 7,200 complete an application for each grant competed. (Existing). Revisions to 1304.11 CLASS and fiscal conditions 14 Grants ...... 60 840 (New).

29 See 2 U.S.C. 1501 et seq. 30 5 U.S.C. 802(a). 31 5 U.S.C. 804.

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Annual Burden Hours for Existing is necessary for the DRS, including communities (also referred to as Requirements whether the information will have ‘‘economically significant’’); (2) creating 45 CFR 1304.15(a) requires Head Start practical utility; (2) the accuracy of our a serious inconsistency or otherwise grantees to submit a letter requesting estimate of the burden of the proposed interfering with an action taken or renewal for a new non-competitive 5- collection of information, including the planned by another agency; (3) year grant and the estimated burden to validity of the methodology and materially altering the budgetary submit a letter is 15 minutes for 400 assumptions used; (3) ways to enhance impacts of entitlement grants, user fees, grants. The non-competitive renewal the quality, utility, and clarity of the or loan programs or the rights and request consists of filling in a template information to be collected; and (4) obligations of recipients thereof; or (4) letter and sending it through OHS ways to minimize the burden of the raising novel legal or policy issues system, so the burden is small. This collection of information on arising out of legal mandates, the calculation assumes in any given year, respondents, including through the use President’s priorities, or the principles about one-fifth of all 2,000 grants, or 400 of automated collection techniques, set forth in the Executive Order. This grants, are nearing the end of their when appropriate and other forms of rule is significant under the meaning of current 5-year project period and information technology. section 3(f); accordingly, it has been therefore a designation under DRS will OMB is required to make a decision reviewed by OMB. be made for these grants. Head Start concerning the collections of Executive Order 13771, entitled grantees may hold more than one grant information contained in these ‘‘Reducing Regulation and Controlling (Head Start, Early Head Start, EHS—CC proposed regulations between 30 and 60 Regulatory Costs,’’ was issued on Partnership, Migrant Seasonal Head days after publication of this document January 30, 2017 (82 FR 9339, February Start, and American Indian Alaska in the Federal Register. Therefore, a 3, 2017) and requires that the costs Native Head Start) and each grant is comment is best assured of having its associated with significant new considered separately in DRS. full effect if OMB receives it within 30 regulations ‘‘shall, to the extent When a Head Start grant meets any of days of publication. This does not affect permitted by law, be offset by the the conditions outlined in 45 CFR the deadline for the public to comment elimination of existing costs associated 1304.11 the grantee is designated for to the Department on the proposed with at least two prior regulations.’’ competition and must submit an regulations. Written comments to OMB This rulemaking is not expected to be application during competition to be for the proposed information collection subject to the requirements of E.O. considered for continued funding as should be sent directly to the following: 13771 because it would result in no required under 45 CFR 1304.13. The Office of Management and Budget, more than de minimis costs. burden to submit an application is Paperwork Reduction Project, Fax: 202– _ V. Regulatory Impact Analysis estimated at 60 hours for an estimated 395–7285, or oira submission@ 120 grants each year. This figure omb.eop.gov, Attention: Desk Officer for Estimated Impact of These Proposed assumes that about one-third of the 400 the Administration for Children and Changes on Competition Families. All comments should be grants, or 120 grants, are required to Based on our analysis of our data, this compete. The total annual burden for identified with the title, ‘‘NPRM for Proposed DRS Rule.’’ proposed policy change would have existing requirements is 7,300 hours. little to no impact on the number of Annual Burden Hours for Proposed Regulatory Planning and Review grantees competing due to the CLASS Revisions Executive Order 12866, Executive Order condition. The increase in the number 13563, and Executive Order 13771 We estimate the proposed revisions to of grantees competing for their the CLASS and fiscal conditions will Executive Orders 12866 and 13563 Instructional Support scores would increase the number of grants required direct agencies to assess all costs and offset any decrease in the numbers of to compete by 70 over five years, or 14 benefits of available regulatory grantees competing for their Emotional annually. The total burden hours for the alternatives and, if regulation is Support or Classroom Organization additional 14 grants is 840 hours. necessary, to select regulatory scores. approaches that maximize net benefits Based on our analysis of our fiscal Annual Cost for Existing Requirements (including potential economic, data from 2015 through 2017, this The total annualized cost for existing environmental, public health and safety proposed policy change to the fiscal requirements is estimated at $345,874. effects, distributive impacts, and condition would significantly increase This figure is based on job code 11–9031 equity). Executive Order 13563 is the number of grantees that would be and wage data from May 2017 at $23.69 supplemental to and reaffirms the required to compete due to the per hour. To account for fringe benefits principles, structures, and definitions condition. Approximately 70 grantees and overhead the rate is multiplied by governing regulatory review as (four percent) had audit findings related two, which is $47.38. The estimate of established in Executive Order 12866, to its Head Start funds in two or more annualized cost to respondents for hour emphasizing the importance of audit reports covering years one, two, burden is $47.38 times 7,300 or quantifying both costs and benefits, of and there of the current five-year grant $345,874; https://www.bls.gov/oes/ reducing costs, of harmonizing rules, period. By comparison, in the first six 2017/may/oes119031.htm (child day and of promoting flexibility. cohorts of DRS, very few grantees care services). Section 3(f) of Executive Order 12866 competed because of the going concern defines a ‘‘significant regulatory action’’ fiscal condition. We believe this Annual Cost for Proposed Revisions as an action that is likely to result in a increase in the number of grantees that The total annualized cost for revisions rule: (1) Having an annual effect on the will be required to compete is warranted to the CLASS and fiscal conditions is economy of $100 million or more in any to ensure we are competing grantees $47.38 times 840 or $39,799. This is 1 year, or adversely and materially with fiscal concerns. Competing using the same job code and wage data affecting a sector of the economy, grantees before known fiscal challenges used for existing requirements. productivity, competition, jobs, the escalate to a crisis point could prevent We invite comments on: (1) Whether environment, public health or safety, or potential termination or relinquishment the proposed collection of information State, local, or Tribal governments or of the grant. A disruption in services to

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children and families may occur if a PART 1304—FEDERAL well-being and motor development, and Head Start grantee is terminated or ADMINISTRATIVE PROCEDURES social and emotional development, and relinquishes the grant. to individualize the experiences, ■ These changes proposed in this 1. The authority citation for part 1304 instructional strategies, and services NPRM would revise policies continues to read as follows: that best support each child. promulgated in a prior rule. In the case Authority: 42 U.S.C. 9801 et seq. (c) An agency has been determined of CLASS revisions, grantees have during the relevant time period covered discussed revisions since the initial Subpart B—Designation Renewal by the responsible HHS official’s review under § 1304.15 to have an average requirements were implemented. This ■ 2. Revise § 1304.11 paragraphs (b)(1) score across all classrooms observed proposed regulation does not impose introductory text, (b)(1)(ii), (b)(2) below the following minimum new requirements on grantees. For the introductory text, (b)(2)(i) and (ii), (c), thresholds on any of the three CLASS: CLASS condition, it streamlines the (e), and (g) to read as follows: requirement. For the fiscal condition, it Pre-K domains from the most recent uses an existing requirement to make § 1304.11 Basis for determining whether a CLASS: Pre-K observation: designation renewal decisions. Head Start agency will be subject to an (1) For the Emotional Support domain open competition. the minimum threshold is 5; We do not believe there will be a * * * * * (2) For the Classroom Organization significant economic impact from this (b) * * * domain, the minimum threshold is 5; regulatory action. We estimate that (1) Established program goals for (3) For the Instructional Support roughly one-third of grantees reviewed improving the school readiness of domain, the minimum threshold is 2.5. in each review cycle will be affected by children participating in its program in * * * * * the regulation. The costs of accordance with the requirements of (e) An agency has been suspended implementation of these rules for the section 641A(g)(2) of the Act and from the Head Start or Early Head Start subset of grantees that would be demonstrated that such goals: program by ACF during the relevant required to compete in any year time period covered by the responsible (estimated to be approximately $1,500 * * * * * HHS official’s review under § 1304.15 for each grantee) is well under $1 (ii) Align with the Head Start Early and the suspension has not been million. The estimated $1,500 per- Learning Outcomes Framework: Ages withdrawn. If the agency did not have grantee cost is based on the time to Birth to Five, state early learning an opportunity to show cause as to why complete a competitive application. It guidelines, and the requirements and the suspension should not have been assumes 60 hours per application at a expectations of the schools, to the extent imposed, or why the suspension should cost of $25 per hour in staff time. that they apply to the ages of children have been lifted if it had already been Applications would likely be completed participating in the program, and at a imposed under part 1304, the agency by a combination of the Head Start minimum address the domains of will not be required to compete based Assistant Director and other managers language and literacy development, on this condition. If an agency has in the program (i.e., Child Development cognition and general knowledge, received an opportunity to show cause Manager or Family and Community approaches toward learning, physical and the suspension remains in the Partnership Manager). The average well-being and motor development, and place, the condition will be annual salary for these positions is social and emotional development; implemented. $50,000 or $25 per hour. As a reference * * * * * point, even if every grantee reviewed (2) Taken steps to achieve the school * * * * * each year were required to compete, the readiness goals described under (g) An agency meets one of the two costs still would not exceed $100 paragraph (b)(1) of this section criteria of this fiscal requirement: million. demonstrated by: (1) Has been determined within the (i) Aggregating and analyzing first four years of the five-year grant List of Subjects aggregate child-level assessment data at period to be at risk of failing to continue 45 CFR Part 1304 least three times per year (except for functioning as a going concern. The programs operating fewer than 90 days, final determination is made by the Audit, Classroom Assessment Scoring which will be required to do so at least responsible HHS official based on a System (CLASS), Competition, twice within their operating program review of the findings and opinions of Designation renewal system, Education period) and using that data in an audit conducted in accordance with of disadvantaged, Fiscal, Grant combination with other program data to section 647 of the Act; an audit, review programs, Head Start, Monitoring, determine grantees’ progress toward or investigation by a state agency; a Social programs. meeting its goals, to inform parents and review by the National External Audit the community of results, and to direct Review (NEAR) Center; or an audit, 45 CFR Part 1305 continuous improvement related to investigation or inspection by the Administrative practice and curriculum, instruction, professional Department of Health and Human procedure. development, program design, and other Services Office of Inspector General; or, program decisions; and (2) Has been determined by the Dated: June 13, 2019. (ii) Analyzing individual ongoing, responsible HHS official within the first Lynn A. Johnson, child-level assessment data for all four years of the five-year grant period Assistant Secretary for Children and Families. children participating in the program to have audit findings associated with Approved: June 20, 2019. and using that data in combination with its Head Start funds (CFDA 93.600) in Alex M. Azar II, input from parents and families to two or more audit reports covering years Secretary. determine each child’s status and one, two, and three of the current progress with regard to, at a minimum, project period submitted to the Federal For reasons stated in the preamble, we language and literacy development, Audit Clearinghouse (in accordance propose to amend 45 CFR parts 1304 cognition and general knowledge, with section 647 of the Act). and 1305 as follows: approaches toward learning, physical ■ 3. Revise § 1304.12 as follows:

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§ 1304.12 Grantee reporting requirements relevant time period described in amended (Act). We find that disease and concerning certain conditions. paragraph (b) of this section. If prior to other natural or manmade factors are Head Start agencies must report in the award of that grant, ACF determines likely the primary threats to the species writing to the responsible HHS official that the grantee has met one of the within its habitat. If made final, this rule within 10 working days of occurrence conditions under § 1304.11 during the would add this species to the Federal any of the following events: relevant time period described in List of Endangered and Threatened (a) The agency has had a revocation paragraph (b) of this section, this Wildlife and apply the protections of of a license to operate a center by a state determination will change and the the Act to this species. or local licensing entity. grantee will receive notice under In this proposed rule, we determine (b) The agency has filed for paragraph (c)(1) of this section that it that designating critical habitat for the bankruptcy or agreed to a reorganization will be required to compete for funding Franklin’s bumble bee is not prudent, plan as part of a bankruptcy settlement. for an additional five-year period. because the Franklin’s bumble bee is a (c) The agency has been debarred habitat generalist, and the present or from receiving Federal or state funds PART 1305—DEFINITIONS threatened destruction, modification, or from any Federal or state department or ■ curtailment of habitat is not a threat to agency or has been disqualified from the 5. The authority citation for part 1305 continues to read as follows: Franklin’s bumble bee. Consequently, Child and Adult Care Food Program the designation of critical habitat would (CACFP). Authority: 42 U.S.C. 9801 et seq. not be beneficial to the Franklin’s (d) The agency has received an audit, ■ 6. Section 1305.2 is amended by bumble bee. audit review, investigation, or adding, in alphabetical order, the DATES: We will accept comments inspection report from the agency’s definition ‘‘Denial of Refunding’’ to read received or postmarked on or before auditor, a state agency, or the cognizant as follows: October 15, 2019. Comments submitted Federal audit agency containing a electronically using the Federal § 1305.2 Terms. determination that the agency is at risk eRulemaking Portal (see ADDRESSES, for ceasing to be a going concern. * * * * * below) must be received by 11:59 p.m. ■ 4. Revise § 1304.15 to read as follows: Denial of Refunding means the refusal Eastern Time on the closing date. We of a funding agency to fund an § 1304.15 Designation request, review and must receive requests for public notification process. application for a continuation of a Head hearings, in writing, at the address Start program for a subsequent program (a) Grantees must apply to be shown in FOR FURTHER INFORMATION year when the decision is based on a CONTACT by September 27, 2019. considered for Designation Renewal. A determination that the grantee has ADDRESSES: You may submit comments Head Start or Early Head Start agency improperly conducted its program, or is wishing to be considered to have its by one of the following methods: incapable of doing so properly in the (1) Electronically: Go to the Federal designation as a Head Start or Early future, or otherwise is in violation of Head Start agency renewed for another eRulemaking Portal: applicable law, regulations, or other http://www.regulations.gov. In the five-year period without competition policies. must request that status from ACF at Search box, enter FWS–R1–ES–2018– least 12 months before the end of their * * * * * 0044, which is the docket number for five-year grant period or by such time [FR Doc. 2019–17024 Filed 8–12–19; 8:45 am] this rulemaking. Then, click on the required by the Secretary. BILLING CODE 4184–01–P Search button. On the resulting page, in (b) ACF will review the relevant data the Search panel on the left side of the to determine if one or more of the screen, under the Document Type conditions under § 1304.11 were met by DEPARTMENT OF THE INTERIOR heading, click on the Proposed Rules the Head Start and Early Head Start link to locate this document. You may agency’s program during the current Fish and Wildlife Service submit a comment by clicking on grant period. ‘‘Comment Now!’’ (c) ACF will give notice to all grantees 50 CFR Part 17 (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments on Designation Renewal System status, [Docket No. FWS–R1–ES–2018–0044; except as provided in § 1304.14, at least 4500030113] Processing, Attn: FWS–R1–ES–2018– 12 months before the expiration date of 0044; U.S. Fish and Wildlife Service, a Head Start or Early Head Start RIN 1018–BD25 MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041–3803. agency’s current grant stating: Endangered and Threatened Wildlife (1) The Head Start or Early Head Start We request that you send comments and Plants; Endangered Species agency will be required to compete for only by the methods described above. Status for Franklin’s Bumble Bee funding for an additional five-year We will post all comments on http:// (Bombus franklini) period because ACF finds that one or www.regulations.gov. This generally more conditions under § 1304.11 were AGENCY: Fish and Wildlife Service, means that we will post any personal met by the agency’s program during the Interior. information you provide us (see Information Requested, below, for more relevant time period described in ACTION: Proposed rule. paragraph (b) of this section, identifying information). the conditions ACF found, and SUMMARY: We, the U.S. Fish and FOR FURTHER INFORMATION CONTACT: Paul summarizing the basis for the finding; Wildlife Service (Service), propose to Henson, Field Supervisor, U.S. Fish and or, list the Franklin’s bumble bee (Bombus Wildlife Service, Oregon Fish and (2) That such agency has been franklini), an invertebrate species from Wildlife Office, 2600 SE 98th Ave. Suite determined on a preliminary basis to be Douglas, Jackson, and Josephine 100, Portland, OR 97266; telephone eligible for renewed funding for five Counties in Oregon, and Siskiyou and 503–231–6179. Persons who use a years without competition because ACF Trinity Counties in California, as an telecommunications device for the deaf finds that none of the conditions under endangered species under the (TDD) may call the Federal Relay § 1304.11 has been met during the Endangered Species Act of 1973, as Service at 800–877–8339.

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SUPPLEMENTARY INFORMATION: You may submit your comments and Peer Review materials concerning this proposed rule Information Requested In accordance with our joint policy on by one of the methods listed in We intend that any final action peer review published in the Federal ADDRESSES. We request that you send Register on July 1, 1994 (59 FR 34270), resulting from this proposed rule will be comments only by the methods based on the best scientific and we sought the expert opinions of 10 described in ADDRESSES. appropriate and independent specialists commercial data available and be as Please include sufficient information regarding the scientific basis for this accurate and as effective as possible. with your submission (such as scientific proposed rule; nine agreed to provide Therefore, we request comments or journal articles or other publications) to information from other concerned allow us to verify any scientific or review. The purpose of peer review is to governmental agencies, Native commercial information you include. ensure that our listing and critical American tribes, the scientific All comments submitted electronically habitat determinations are based on community, industry, or any other via http://www.regulations.gov will be scientifically sound data, assumptions, interested parties concerning this presented on the website in their and analyses. The peer reviewers have proposed rule. We particularly seek entirety as submitted. For comments expertise in Franklin’s bumble bee or comments concerning: submitted via hard copy, we will post Bombus biology and habitat, and their (1) Franklin’s bumble bee’s biology, your entire comment—including your comments helped inform our range, and population trends, including: personal identifying information—on determinations. We invited comment (a) Biological or ecological http://www.regulations.gov. You may from the peer reviewers during the requirements of the species, including request at the top of your document that analysis of the status of the species and habitat requirements for feeding, we withhold personal information such the creation of the species status breeding, and sheltering; as your street address, phone number, or assessment report (SSA Report; U.S. (b) Genetics and taxonomy; email address from public review; Fish and Wildlife Service 2018); these (c) Historical and current range, however, we cannot guarantee that we comments will be available along with including distribution patterns; will be able to do so. other public comments in the docket for (d) Historical and current population Comments and materials we receive, this proposed rule. levels, and current and projected trends; as well as supporting documentation we Previous Federal Actions and used in preparing this proposed rule, (e) Past and ongoing conservation will be available for public inspection We were petitioned to list Franklin’s measures for the species, its habitat, or on http://www.regulations.gov, or by bumble bee as endangered under Act on both. appointment, during normal business June 23, 2010, by the Xerces Society for (2) Our analysis of the current status hours, at the U.S. Fish and Wildlife Invertebrate Conservation and Dr. of Franklin’s bumble bee. As discussed Service, Oregon Fish and Wildlife Office Robbin Thorp, Professor Emeritus from below (see Background below, for more (see FOR FURTHER INFORMATION CONTACT). the University of California (Xerces information), based on the lack of Please note that submissions merely Society and Thorp 2010, p. 2). On observations of Franklin’s over the last stating support for or opposition to the September 13, 2011, we announced in 13 years it is possible that the species action under consideration without the Federal Register (76 FR 56381) that is extinct. We will be analyzing any new providing supporting information, the petition presented substantial information on this question before although noted, will not be considered information indicating that this species making a final determination; if we in making a determination, as section may be warranted for listing, and determine that the best available 4(b)(1)(A) of the Act (16 U.S.C. 1531 et announced the initiation of a status information indicates that the species is seq.) directs that determinations as to review for the species. This action likely extinct, we will withdraw this whether any species is an endangered or constitutes our 12-month finding on the proposed rule. Thus, we are seeking any threatened species must be made 2010 petition to list the Franklin’s information regarding the persistence or ‘‘solely on the basis of the best scientific bumble bee. extinction of the species within its and commercial data available.’’ In Background historical range including: making a final decision on this (a) Verifiable reports or evidence of proposal, we will take into A thorough review of the taxonomy, Franklin’s bumble bee occurrence in its consideration the comments and any life history, and ecology of Franklin’s range; or additional information we receive bumble bee is presented in the (b) any information that may indicate during the public comment period. Franklin’s Bumble Bee Species Status extinction of the species. Such communications could lead to a Assessment report (SSA Report; U.S. (3) Factors that may affect the final rule that differs from this proposal, Fish and Wildlife Service 2018) on continued existence of the species, including a withdrawal of this proposal. http://www.regulations.gov under which may include habitat modification Docket No. FWS–R1–ES–2018–0044. or destruction, overutilization, disease, Public Hearing Franklin’s bumble bee is thought to predation, the inadequacy of existing Section 4(b)(5) of the Act provides for have the most limited distribution of all regulatory mechanisms, or other natural one or more public hearings on this known North American bumble bee or manmade factors. proposal, if requested. Requests must be species (Plowright and Stephen 1980, p. (4) Biological, commercial trade, or received by the date specified in DATES 479; Xerces Society and Thorp 2010, p. other relevant data concerning any and sent to the address shown in FOR 6), and one of the most limited threats (or lack thereof) to this species FURTHER INFORMATION CONTACT. We will geographic distributions of any bumble and existing regulations that may be schedule public hearings on this bee in the world (Frison 1922, p. 315; addressing those threats. proposal, if any are requested, and Williams 1998, p. 129). Stephen (1957, (5) Additional information concerning announce the dates, times, and places of p. 81) recorded the species from the the historical and current status, range, those hearings, as well as how to obtain Umpqua and Rogue River Valleys in distribution, and population size of this reasonable accommodations, in the Oregon. Thorp et al. (1983, p. 8) also species, including the locations of any Federal Register and local newspapers recorded it from northern California and additional populations of this species. at least 15 days before the hearing. suggested its restriction to the Klamath

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Mountain region of southern Oregon species is extinct; even though none Colonies of Franklin’s bumble bee and northern California. Elevations have been seen since 2006, Franklin’s have an annual cycle, initiated each where it has been observed range from bumble bee populations could spring when solitary queens emerge 162 meters (m) (540 feet (ft)) in the potentially persist undetected. The areas from hibernation and seek suitable nest northern part of its range, to over 2,340 chosen for survey were selected due to sites (Thorp 2017, pers. comm.). m (7,800 ft) in the southern part of its a combination of abundance of floral Colonies may contain from 50 to 400 range. All confirmed specimens have resources throughout the colony cycle, workers along with the founding queen been found in an area about 306 relatively recent historical occurrence of (Plath 1927, pp. 123–124; Thorp et al. kilometers (km) (190 miles (mi)) to the the species, and accessibility to 1983, p. 2; Macfarlane et al. 1994, p. 7). north and south, and 113 km (70 mi) surveyors. However, the surveyed area Two colonies of Franklin’s bumble bee east to west, between 122° to 124° west represents a relatively small percentage that were initiated in the laboratory and longitude and 40°58′ to 43°30′ north of the historical range of the Franklin’s set out to complete development in the latitude in Douglas, Jackson, and bumble bee; therefore, it is possible the field, contained over 60 workers by Josephine Counties in southern Oregon, species may persist in other areas of the early September, and likely produced and Siskiyou and Trinity Counties in range. There are numerous instances of over 100 workers by the end of the northern California (Thorp 1999, p. 3; species rediscovered after many years, season (Plowright and Stephen 1980, p. Thorp 2005, p. 1; International Union even decades, of having been believed 477). The flight season of Franklin’s for Conservation of Nature 2009, p. 1). extinct (e.g., Scheffers et al. 2011, bumble bee is from mid-May to the end Franklin’s bumble bee was first entire). As one example of such a case, of September (Thorp et al. 1983, p. 30); observed in 1917 and first described in Fender’s blue butterfly (Icaricia a few individuals have been 1921, and limited occurrence and icarioides fenderi) of Oregon was encountered in October (Southern observation data exists for Franklin’s believed extinct after the last recorded Oregon University Bee Collection bumble bee prior to 1998. The species observation in 1937, until it was records, in Xerces Society and Thorp has been found on many privately rediscovered in 1989, 52 years later 2010, Appendix 1, p. 39). At the end of owned sites as well as municipal, State (Hammond and Wilson 1992, p. 175; the colony cycle, all the workers and the and federally owned land. Historical Hammond and Wilson 1993, p. 2). males die along with the founding observations and occurrence data for Recent approaches to evaluating queen; only the inseminated hibernating Franklin’s bumble bee prior to 1998 extinction likelihood place increased females (gynes) are left to carry on the include randomly reported emphasis on the extensiveness and genetic lineage into the following year observations, student collections, and adequacy of survey effort (Keith et al. (Duchateau and Velthius 1988). museum specimens, as well as the 2017, p. 321; Thompson et al. 2017, p. As with all Bombus species, collections and notes of interested 328), and caution against declaring a Franklin’s bumble bee has a unique parties, natural resource managers, and species as extinct in the face of genetic system called the haplodiploid university staff (Xerces Society and uncertainty (Akc¸akaya et al. 2017, p. sex determination system. In this Thorp 2010, pp. 34–40). A more 339). system, unfertilized (haploid) eggs intensive and targeted search effort for become males that carry a single set of The specific life-history the species began in 1998 in areas chromosomes, and fertilized (diploid) characteristics and behavior of this rare thought to have the highest likelihood of eggs become females that carry two sets species have not been studied; much of Franklin’s bumble bee presence. There of chromosomes. This system may result was initial success at finding a higher the information presented in the SSA in lower levels of genetic diversity than abundance of the species than ever Report (U.S. Fish and Wildlife Service the more common diploid-diploid sex previously reported in one year, 98 bees 2018) is inferred from information on determination system, in which both in 1998 (mostly from 2 sites). However, Bombus in general and some closely males and females carry two sets of in subsequent years searchers found related species (western bumble bee (B. chromosomes. Haplodiploid organisms fewer and fewer bees, and no Franklin’s occidentalis), rusty patched bumble bee may be more prone to population bumble bees have been found since the (B. affinis), and yellow-faced bumble extinction than diploid-diploid last sighting of a single individual in bee (B. vosnesenskii), among others). organisms, due to their susceptibility to Oregon in 2006. The variations in The report also relied heavily on low population levels and loss of timing, scope, intensity, and information from species experts. genetic diversity (U.S. Fish and Wildlife methodology of search efforts (including Franklin’s bumble bee is a primitively Service 2018, p. 37). Inbreeding those since 1998) and the lack of eusocial (highly social) bumble bee, depression in bumble bees can lead to observations since 2006 prevent the living in colonies made up of a queen the production of sterile diploid males identification of any population trends. and her offspring (males and workers). (Goulson et al. 2008, p. 11.7) and Many of the occurrence records just Like other eusocial Bombus species, negatively affects bumble bee colony provide point data for an occurrence, Franklin’s bumble bee typically nests size (Herrman et al. 2007, p. 1167), with no details on the size of the area underground in abandoned rodent which are key factors in a colony’s searched or whether or not the record burrows or other cavities that offer reproductive success. reflected a comprehensive search of an resting and sheltering places, food As one of the rarest Bombus species, area. Many records also lack details on storage, nesting, and room for the Franklin’s bumble bees are somewhat the level of survey effort per location colony to grow (Plath 1927, pp. 122– enigmatic, and a specific habitat study (number of searchers, hours of search 128; Hobbs 1968, p. 157; Thorp et al. for the species has not been completed. effort per day, number of days per 1983, p. 1; Thorp 1999, p. 5). The Such a study was initiated in 2006, search effort). species may also occasionally nest on when the Franklin’s bumble bee was The lack of systematic surveys across the ground (Thorp et al. 1983, p. 1) or last seen, but could not continue due to the historical range of the species over in rock piles (Plowright and Stephen the subsequent absence of the species time prevents us from using occurrence 1980, p. 475). It has even been found (Thorp 2017, pers. comm.). However, records to extrapolate reasonable nesting in a residential garage in the city some general habitat associations of estimates of species abundance or limits of Medford, Oregon (Thorp 2017, Bombus are known. Like all bumble distribution or concluding that the pers. comm,). bees, the Franklin’s bumble bee requires

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a constant and diverse supply of flowers biology principles of resiliency, likelihood of finding the species. that bloom throughout the colony’s life representation, and redundancy, or the Twenty bees were located in 1999, nine cycle, from spring to autumn (Xerces 3-Rs (Smith et al. 2018). Briefly, individuals were observed in 2000, and Society and Thorp 2010, p. 11); these resiliency supports the ability of the one individual was observed in 2001. resources would typically be found in species to withstand environmental and Although 20 Franklin’s bumble bees open (non-forested) meadows in demographic stochasticity (for example, were observed in 2002, only 3 were proximity to seeps and other wet wet or dry, warm or cold years); observed in 2003 (all at a single meadow environments. The nectar from representation supports the ability of locality), and a single worker bee was flowers provides carbohydrates, and the the species to adapt over time to long- observed in 2006. Despite continued pollen provides protein. Franklin’s term changes in the environment (for intensive search efforts in these areas bumble bee may have a foraging example, climate changes); and through 2017, there have been no distance of up to 10 km (6.2 mi) (Thorp redundancy supports the ability of the confirmed observations of the Franklin’s 2017, pers. comm.), but the species’ species to withstand catastrophic events bumble bee since 2006. Data allow us to typical dispersal distance is most likely (for example, droughts, hurricanes). In estimate 43 potential populations of the 3 km (1.86 mi) or less (Hatfield 2017, general, the more redundant, species since records have been kept. pers. comm.; Goulson 2010, p. 96). representative, and resilient a species is, From 1998 to 2006, 14 potential Franklin’s bumble bee have been the more likely it is to sustain populations could be identified. Since observed collecting pollen from lupine populations over time, even under 2006, no populations have been located. (Lupinus spp.) and California poppy changing environmental conditions. The vulnerability resulting from the (Eschscholzia californica), and Using these principles, we identified the Franklin’s bumble bee’s haplodiploid collecting nectar from horsemint or species’ ecological requirements for genetic system, as well as the loss in the nettle-leaf giant hyssop (Agastache survival and reproduction at the abundance and spatial extent of its urticifolia) and mountain monardella individual, population, and species populations, suggest the resiliency, (Monardella odoratissima) (Xerces levels, and described the beneficial and representation, and redundancy of the Society and Thorp 2010, p. 11). risk factors influencing the species’ Franklin’s bumble bee have all declined Franklin’s bumble bee may also collect viability. To assess resiliency and significantly since the late 1990s. The both pollen and nectar from vetch (Vicia redundancy, we evaluated the change in losses in both the number of spp.) as well as rob nectar from it Franklin’s bumble bee occurrences populations and their spatial extent (Xerces Society and Thorp 2010, p. 11). (populations) over time. To assess render the Franklin’s bumble bee In summary, Franklin’s bumble bee representation (as an indicator of vulnerable to extinction even without has been found in a wide array of adaptive capacity) of the Franklin’s further external stressors (e.g., sheltered and exposed habitat types at a bumble bee, we evaluated the spatial pathogens and insecticide exposure) broad elevational range, and the species extent of occurrences over time. We acting upon the species. As part of our status assessment of the appears to be a generalist forager. Our evaluated the change in resiliency, Franklin’s bumble bee, we looked at certainty regarding the Franklin’s representation, and redundancy from potential stressors affecting the species’ bumble bee’s habitat needs is limited to the past until the present; however, due viability. Our full assessment of the (1) floral resources for nectaring to the lack of observations of the species stressors can be found in the SSA throughout the colony cycle, and (2) since 2006, we did not project Report (U.S. Fish and Wildlife Service relatively protected areas for breeding anticipated future states of these 2018). In accordance with section 4(a)(1) and shelter. The habitat elements that conditions. Franklin’s bumble bee appears to prefer of the Act, in reviewing the status of the to fulfill those needs mentioned above Our analyses indicate that the species to determine if it meets the are relatively flexible, plentiful, and resiliency, redundancy, and definition of endangered or of widely distributed. representation of the Franklin’s bumble threatened, we determine whether a bee have all declined since the late species is an endangered species or a Summary of Biological Status and 1990s. Historically, the species has threatened species because of any of the Threats always been rare and has one of the following five factors: (A) The present or The Act directs us to determine narrowest distributions of any Bombus threatened destruction, modification, or whether any species is an endangered species in the world. Even so, the curtailment of its habitat or range; (B) species or a threatened species because abundance and distribution of overutilization for commercial, of any factors affecting its continued Franklin’s bumble bee has declined recreational, scientific, or educational existence. We completed a significantly (U.S. Fish and Wildlife purposes; (C) disease or predation; (D) comprehensive assessment of the Service 2018, pp. 10–14); the species the inadequacy of existing regulatory biological status of the Franklin’s has not been observed since 2006, mechanisms; and (E) other natural or bumble bee and prepared a report of the despite an intensive survey effort in manmade factors affecting its continued assessment (i.e., the SSA Report), which select portions of the historical range. existence. provides a thorough account of the Search efforts for the species have been Potential stressors that we analyzed species’ overall viability. We define varied in timing, scope, intensity, and for the Franklin’s bumble bee generally viability here as the likelihood of the methodology. During the more intensive fit into three groups that correspond species to persist over the long term surveys from 1998 until the last with Factors A (habitat loss and and, conversely, to avoid extinction. observation in 2006, the Franklin’s fragmentation), C (pathogens), or E Below, we summarize the conclusions bumble bee was observed at 14 (pesticide use, competition with of that assessment, which can be locations, including 8 locations where it nonnative bees, and effects of small accessed on http://www.regulations.gov had not been previously documented. In population size). No potential stressors at Docket No. FWS–R1–ES–2018–0044. 1998, 98 bees were found among 11 of the Franklin’s bumble bee correspond locations. Searchers found fewer and with Factor B. There has never been any 3-R Analysis fewer bees after that year even though indication that the Franklin’s bumble To assess the Franklin’s bumble bee’s they continued extensive searches in bee was at risk of overutilization for viability, we used the three conservation multiple locations with the highest commercial, recreational, scientific, or

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educational purposes, and we did not the range of the Franklin’s bumble bee. burns were a factor in the decline of the find any new information to suggest this Because fire reduces natural succession Franklin’s bumble bee. has changed. Existing regulatory of forests through the burning of Agricultural Intensification mechanisms (Factor D) are discussed encroaching woody plants, fire is a below in the context of how they help primary factor in the maintenance of Agricultural intensification can result to reduce or ameliorate stressors to the grassland and meadow habitat that can in habitat loss for bumble bees, as these Franklin’s bumble bee. support Bombus species (Shultz and practices often result in the planting of Crone 1998, p. 244; Huntzinger 2003). monocultures that tend to provide floral Influence Factors Related to resources for a limited period of time, Destruction, Modification or With the increase in human development came fire suppression to rather than throughout the colony’s life Curtailment of Habitat cycle. Agricultural intensification can limit damage to manmade structures. The 2010 petition identified negatively impact wild bees by reducing Fire suppression allows woody destruction, degradation, and floral resource diversity and abundance encroachment to occur, and the diverse conversion of habitat as a threat to the (U.S. Fish and Wildlife Service 2018, p. Franklin’s bumble bee. In our 90-day landscape created by fire (open areas 32). Agricultural intensification was finding on the 2010 petition (76 FR mixed within forested areas) is slowly determined to be a primary factor 56381; September 13, 2011), we noted being replaced by increasing areas of leading to the local extirpation and that the petitioners provided substantial denser forested habitat; the open areas decline of bumble bees in Illinois (Grixti information on threats to the Franklin’s that facilitated the growth of diverse et al. 2009, p. 75). An increased use of bumble bee from the destruction, understory plant communities are being herbicides often accompanies modification, or curtailment of habitat, reduced from their historical condition development and agricultural primarily due to the potential impacts of (Ruchty 2011, p. 26). Conifer species intensification, and the widespread use natural or prescribed fire. Because the now cover some of the area that was of herbicides in agricultural, urban, and loss and degradation of habitat has been previously open meadow habitat in the even natural landscapes has led to shown to reduce both diversity and range of the Franklin’s bumble bee decreases in flowering plants (Potts et abundance in other Bombus species (Panzer 2002; Shultz and Crone 1998, p. al. 2010, p. 350). (Potts et al. 2010, pp. 348–349), our SSA 244). Although this loss of habitat by Within the historical range of the Report (U.S. Fish and Wildlife Service fire suppression may have limited the Franklin’s bumble bee, total acres in 2018) looked at the potential stressor of availability and diversity of floral agricultural cropland decreased in all habitat loss and fragmentation (from resources, as well as nest and three counties in Oregon (Douglas, natural or prescribed fire, agricultural overwintering habitat for the Franklin’s Jackson, and Josephine) by greater than intensification, urban development, bumble bee, healthy meadow habitat 50 percent from 1997 to 2012 (U.S. livestock grazing, and the effects of remains in areas where the Franklin’s Department of Agriculture—National climate change). bumble bee was previously found Agriculture Statistics Service 2017, pers. Although conversion of natural (Godwin 2017, pers comm.; Colyer comm.; U.S. Fish and Wildlife Service habitat appears to be the primary cause 2017, pers. comm.), and it is unlikely 2018, p. 33). While the total number of of bumble bee habitat loss throughout that loss of habitat from fire suppression acres of agricultural cropland is not the world (Goulson et al. 2015, p. 2; was a factor in the decline of the synonymous with agricultural Kosior et al. 2010, p. 81), many species. intensification (specifically, the researchers believe it is unlikely to be a expansion of monocultures), a decrease Increased fuel loads from fire main driver of the recent, widespread in total acres of agriculture leads us to suppression heighten the potential for North American bee declines (Szabo et conclude that agricultural catastrophic, large-scale, and high al. 2012, p. 236; Colla and Packer 2008, intensification was not likely a factor in temperature wildfires. Any Bombus p. 1388; Cameron et al. 2011, p. 665). the decline of the Franklin’s bumble Our certainty regarding the Franklin’s colonies in the path of this type of fire bee. We have no documentation in our bumble bee’s habitat needs is limited to would be at risk of extirpation. Wildfire files or any direct evidence that (1) floral resources for nectaring may have extirpated some historical agricultural intensification has throughout the colony cycle, and (2) populations of the Franklin’s bumble contributed to the decline of the relatively protected areas for breeding bee, but we have no information Franklin’s bumble bee. Approximately and shelter. Furthermore, the available suggesting that any known Franklin’s 42 percent of sites where Franklin’s information regarding locations where bumble bee occurrence sites were in the bumble bee have been reported (18 of the species has been found indicates path of catastrophic wildfires at the time 43) occur on federally owned land, that the Franklin’s bumble bee is a the sites were occupied. Controlled primarily U.S. Forest Service and generalist forager and the species’ burning became a management tool for Bureau of Land Management land; very specific needs and preferences for these reducing potential fuel loads for little habitat on these lands has been habitat elements are relatively flexible, wildfire; controlled burning is carried permanently altered or lost through plentiful, and widely distributed. While out by Federal land management agricultural intensification (U.S. Fish we can say that Bombus species in agencies including the U.S. Forest and Wildlife Service 2018, p. 32). general might prefer protected meadows Service and Bureau of Land Urban Development with an abundance of wildflowers, the Management in the range of the Franklin’s bumble bee has been found Franklin’s bumble bee. The effects of Ongoing urbanization contributes to in a wide array of sheltered and exposed fire on invertebrates depends greatly on the loss and fragmentation of natural habitat types at elevations ranging from the biology of the specific taxa (Gibson habitats. Urban gardens and parks 540 ft (162 m) to 7,800 ft (2,340 m). et al. 1992), and in the case of the provide habitat for some pollinators Franklin’s bumble bee, controlled burns including bumble bees (Frankie et al. Natural or Prescribed Fire could certainly cause death of 2005; McFrederick and LeBuhn 2006), Fire caused by both natural and individual bees and negative effects to but they tend not to support the species human-caused factors has been an a colony. However, we have no richness of bumble bees that can be important change on the landscape in information to indicate that controlled found in nearby undeveloped

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landscapes (Xerces Society and Thorp contrast, grazing, especially by cattle, greater summer precipitation and later 2010, p. 13), or that which was present can play a key positive role in snowmelt dates (Ogilvie et al. 2017, p. historically (McFrederick and LeBuhn maintaining the abundance and species 4). Several of the targeted Franklin’s 2006). However, Franklin’s bumble bee richness of preferred bumble bee forage bumble bee and western bumble bee and western bumble bee have both been (Carvell 2002, p. 44). Evidence of survey reports between 2015 and 2017 observed in urban areas of Ashland, livestock grazing was observed include mention of widespread hot, dry Oregon, and in residential areas of interspersed within abundant floral climate affecting timing and abundance Medford, Oregon. Furthermore, resources in Franklin’s bumble bee of floral resources during the surveys approximately 42 percent of the sites habitat during several recent targeted (Bureau of Land Management 2015; where Franklin’s bumble bee have been survey efforts (Brooks 1997, pers. Trail 2017, pers. comm.). Although the reported (18 of 43) occur on federally comm.; U.S. Fish and Wildlife Service Olgilvie et al. study and the survey owned land, primarily U.S. Forest 2016; U.S. Fish and Wildlife Service reports suggest potential indirect effects Service and Bureau of Land 2017; Trail 2017, pers. comm.). We have of climate change on Bombus, we have Management land, and very little habitat no new information that the timing, no information to indicate that the on these lands has been permanently location, intensity, or duration of effects of climate change were altered or lost through development. grazing has changed, with the exception connected to the decline of the Generally good habitat conditions of the Cascade-Siskiyou National Franklin’s bumble bee; numerous currently exist throughout the known Monument, where most grazing has Bombus species persist in areas historical B. franklini locations and all been retired (Colyer 2018, pers. comm.). considered to maintain good quality of the recent focused survey areas, with The lack of specific information on the habitat for the Franklin’s bumble bee the notable exceptions being the impacts of livestock grazing on the (Pool 2014, entire; Colyer 2016, entire). creation of Lake Applegate upon the Franklin’s bumble bee limits our ability Summary completion of Applegate Dam in the fall to connect the activity to any specific of 1980 and a report of soil modification species’ response. Therefore, we do not Although habitat loss has had on a portion of the Gold Hill site. The consider livestock grazing a threat to the negative effects on bumble bees, we Applegate Dam project inundated two Franklin’s bumble bee. conclude it is unlikely to be a main historical B. franklini locations (Copper driver of the decline of the Franklin’s and 2 miles north of Copper), with Effects of Climate Change bumble bee. Habitat appears generally historical observations from 1963 and Specific impacts of climate change on intact and in good condition throughout 1968 (Xerces Society and Thorp 2010, p. pollinators are not well understood; the known, historical locations of the 13; Thorp, pers. comm. 2017). It is not most of the existing information on Franklin’s bumble bee and all of the known if Franklin’s bumble bees were climate change impacts to pollinators recent focused survey areas(with still in the area and using the habitat at comes from studies on butterflies. notable exceptions of the historical the time of the inundation. The Petition Studies specifically relating to bumble habitat lost by the creation of Lake noted that in 2004, soil had been bees are scant, and we found no climate Applegate in the fall of 1980 and soil excavated and deposited in a portion of change information specific to the modification that occurred on a portion the Gold Hill area (Xerces Society and Franklin’s bumble bee. Changes in of the Gold Hill site in 2004). In our Thorp 2010, p. 13). The last observation temperature and precipitation, and the assessment, we found no information to of Franklin’s bumble bee at Gold Hill increased frequency of storm events, can suggest the destruction, degradation, was in the year 2000, and the site was affect pollinator population sizes and conversion of habitat was a revisited 14 times over the next three directly, by affecting survival and significant factor in the decline of the years with no observations of Franklin’s reproduction (Intergovernmental Panel Franklin’s bumble bee (U.S. Fish and bumble bee. In both of these cases, we on Climate Change 2013, entire; Bale et Wildlife Service 2018, pp. 35–37), and don’t know if the species was still using al. 2002, p. 11; Roland and Matter 2016, we have no information to suggest that the habitat in the area by the time the p. 22). These climatic changes can also habitat destruction or modification will activities took place. We have no affect populations indirectly, by altering increase in intensity to the point where documentation in our files or any direct resource availability and species it will be a primary stressor to the evidence that these incidents or interactions (U.S. Fish and Wildlife species in its range in the near future. urbanization or development in the Service 2018, p. 36). Some studies suggest that pollinators Influence Factors Related to Disease or range of Franklin’s bumble bee Predation contributed to the decline of the species. are responding to climate change with recent latitudinal and elevational range A number of diseases are known to Livestock Grazing shifts such that there is spatial naturally occur in bumble bee Livestock grazing occurs on public mismatch among plants and their populations. These include the land in much of the historical range of pollinators; while this has been protozoan parasite Crithidia bombi (C. the Franklin’s bumble bee. Overgrazing demonstrated in butterflies, it may be bombi), the tracheal mite Locustacarus by sheep between 1890 and 1920 less of a factor for bumble bees (U.S. buchneri, the microsporidium (parasitic resulted in trampling vegetation and Fish and Wildlife Service 2018, p. 36). fungus) Nosema bombi (N. bombi), as denuding soils, and grazing is currently As generalist foragers, bumble bees do well as deformed wing virus. Pathogens evident today in the continuing erosion not require synchrony with a particular and parasites are widespread generalists of the granitic soils of the McDonald plant species, although some bumble in the host genus, but affect species Basin, Siskiyou Gap, Mt. Ashland, and bee populations are active earlier in the differently according to host the Siskiyou Crest (LaLande 1995, p. 31; season than in the past (Bartomeus et al. susceptibility and tolerance to infection T. Atzet 2017, pers. comm.). Several 2011, p. 20646). Bumble bee abundance (Kissinger et al. 2011, p. 221; Malfi and studies on the impacts of livestock for three species of Bombus in the Rocky Roulston 2014, p. 18). The host species’ grazing on bees suggest an increase in Mountains increased when floral life history plays a role in the virulence the intensity of livestock grazing affects resources were available for more days, of a given pathogen; for instance, the species richness of bees (U.S. Fish and the number of days where floral parasites may have relatively smaller and Wildlife Service 2018, p. 35). In resources were available increased with effects on species with shorter colony

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life cycles and smaller colony sizes bee prior to their shipment back into the likely pathogens have had some (Rutrecht and Brown 2009, entire). United States, and once in this country, negative influence on the health of Pathogen spillover is a process the commercially reared colonies may Franklin’s bumble bee populations. whereby parasites and pathogens spread have spread the virulent strain to wild Influence Factors Related to Other from commercial bee colonies to native populations of Franklin’s bumble bee Natural or Manmade Factors bee populations (Colla et al. 2006, p. (Xerces Society and Thorp 2010, p. 14). 461; Otterstatter and Thompson 2008, p. In work partially funded by the Service, Pesticide Use 1). The decline of certain Bombus the University of Illinois conducted Exposure to pesticides can occur to species from the mid-1990s to present, surveys for parasites and pathogens in bumble bees from direct spray or drift, particularly species in the subgenus bumble bee populations of the Pacific or from gathering or consuming Bombus sensu stricto (including Northwest and Midwest between 2005 contaminated nectar or pollen (Johansen Franklin’s bumble bee), was and 2009. The goal was to assess and Mayer 1990; Morandin et al. 2005, contemporaneous with the collapse of Bombus populations for presence and p. 619). Lethal and sublethal effects on commercially bred western bumble bee prevalence of pathogens, particularly bumble bee eggs, larvae, and adults have (raised primarily to pollinate microsporidia, in an effort to provide been documented for many different greenhouse tomato and sweet pepper baseline data to assess disease as a pesticides under various scenarios (U.S. crops beginning in the late 1980s) potential factor in the decline of the Fish and Wildlife Service 2018, p. 28). (Szabo et al. 2012, pp. 232–233). This Franklin’s bumble bee, western bumble Documented sub-lethal effects to collapse was attributed to infections of bee, and American bumble bee (B. individual bumble bees and colonies N. bombi. pensylvanicus) (Solter et al. 2010, p. 1). Nosema bombi has been detected in include reduced or no male production, The highest prevalence of N. bombi was reduced or no egg hatch, reduced queen native bumble bees in North America, found in western bumble bee, with 26 and has been found to be a part of the production, reduced queen longevity, percent of collected individuals reduced colony weight gain, reduced natural pathogen load. The fungus has infected. Crithidia bombi infections of been reported in Canada since the 1940s brood size, reduced feeding, impaired western bumble bee were 2.8 percent ovary development, and an increased (Cordes et al. 2011, p. 7) and appears to overall. No Franklin’s bumble bees were have a broad host range in North number of foragers or foraging trips or collected during the study. However, duration (interpreted as risky behaviors) American (Kissinger et al. 2011, p. 222). Mt. Ashland, Oregon, was one of only Infections of the pathogen primarily (U.S. Fish and Wildlife Service 2018, p. three sites in the Pacific Northwest 28). Studies have also found evidence of occur in the malpighian tubules (small study area where N. bombi infections excretory or water regulating glands), adverse impacts to bumble bee habitat were found in multiple Bombus species associated with pesticides due to but also in fat bodies, nerve cells, and (the indiscriminate cuckoo bumble bee sometimes the trachea (Macfarlane et al. changes in vegetation and the removal (B. insularis) and black-notched bumble 1995). Bombus colonies can appear to or reduction of flowers needed to bee (B. bifarius)) (Solter et al. 2010, pp. be healthy but still carry N. bombi and provide consistent sources of pollen, 3–4). Although Cordes et al. (2011, p. 7) transmit it to other colonies, most likely nectar, and nesting material (U.S. Fish found a new allele in N. bombi, the when spores are fed to larvae and then and Wildlife Service 2018, p. 28). recent study by Cameron et al. (2016) infected adults drift into non-natal Declines in bumble bees in parts of found no evidence of an exotic strain of colonies (U.S. Fish and Wildlife Service Europe have been at least partially N. bombi. While we have no evidence 2018, p. 25). attributed to the use of pesticides The effect of pathogens on bumble of direct effects of a virulent strain of N. (Williams 1986, p. 54; Kosior et al. bees varies from mild to severe bombi on the Franklin’s bumble bee, N. 2007, p. 81). (Macfarlane et al. 1995; Rutrecht et al. bombi has been detected in closely Although the use of land for 2007, p. 1719; Otti and Schmid-Hempel related species in the range of the agricultural purposes has traditionally 2008, p. 577). Bumble bees infected Franklin’s bumble bee. Furthermore, N. involved the use of pesticides and other with Nosema bombi may have crippled bombi infections in rare species like the products toxic to bees, one particular wings, and queens may have distended Franklin’s bumble bee are more class of insecticides known as abdomens and be unable to mate (Otti frequent, are more severe, and seem to neonicotinoids have been strongly and Schmid-Hempel 2007, pp. 122– affect a higher percentage of individuals implicated in the decline of honey bees 123). Malfi and Roulston (2014, p. 24) of the species. (Apis spp.) worldwide, and implicated found that N. bombi infections are more In summary, known pathogens occur in the decline of several Bombus species frequent and more severe in rare within the historical range of the including rusty patched bumble bee, species, and the species with the highest Franklin’s bumble bee, and we have buff-tailed bumble bee, and eastern percentages of infected individuals were evidence of several pathogens infecting bumble bee (Pisa et al. 2015, p. 69; rare species. Furthermore, the effects of closely related species within that range Goulson 2013, pp. 7–8; Colla and Packer pathogen infection on bumble bees may that have also likely affected the 2008, p. 10; Lundin et al. 2015, p. 7). be amplified by other stressors on the Franklin’s bumble bee. Although we Neonicotinoids are a broad class of landscape. Nutritional stress may have no direct evidence of pathogens insecticides based on nicotine compromise the ability of bumble bees playing a role in the decline of the compounds used in a variety of to survive parasitic infections, as Franklin’s bumble bee, the agricultural applications; they act as a evidenced by a significant difference in disappearance of the Franklin’s bumble neurotoxin, affecting the central nervous mortality in bumble bees on a restricted bee occurred soon after a period of system of insects by interfering with the diet compared to well-fed bees infected potential exposure to introduced receptors of the insects’ nervous system, with C. bombi (Brown et al. 2000, pp. pathogens, particularly N. bombi, which causing overstimulation, paralysis, and 424–425). is known to have a more severe impact death. The neonicotinoid family of A virulent strain of N. bombi from the on rare species like the Franklin’s insecticides includes acetamiprid, buff-tailed bumble bee (B. terrestris) bumble bee. Decline of other closely clothianidin, imidacloprid, nitenpyram, may have spread to the eastern bumble related pollinators has been associated nithiazine, thiacloprid, and bee (B. impatiens) and western bumble with these pathogens, and it is highly thiamethoxam. In the range of the

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Franklin’s bumble bee (Jackson, in the survey effort. Diploid male that connects competition from Douglas, and Josephine Counties in production has been detected in European honey bees to the decline of Oregon, as well as Trinity and Siskiyou naturally occurring populations of the Franklin’s bumble bee. Counties in California), the first bumble bees, and recent modeling work There is potential for nonnative reported use of imidacloprid was in has shown that diploid male production commercially raised bumble bees to 1996, thiamethoxam in 2001, and may initiate a rapid extinction vortex (a naturalize and outcompete native clothianidin in 2004. The use of situation in which genetic traits and bumble bees for limited resources such neonicotinoid pesticides continued in environmental conditions combine to as nesting sites and forage areas. Five the range of the species through 2006, lead a species to extinction) (Goulsen et commercially reared eastern bumble bee when the last observation of the al. 2008, p. 11.8). Because of inbreeding workers and one queen were captured Franklin’s bumble bee was recorded. and the production of sterile males, the in the wild near greenhouses where Total estimated neonicotinoid haplodiploid genetic system makes commercial bumble bees are used, applications increased from 53.35 bumble bees very vulnerable when suggesting this species may have pounds per acre (lbs/ac) (24.19 populations get small (Colla 2018, pers. naturalized outside of its native range. kilograms per hectare)(kg/ac) in 1996 to comm.). Although we have no direct In this study, the eastern bumble bee, 1,144.128 lbs/ac (518.86 kg/ha) in 2014; evidence that small population size or a which has a native range in eastern however, the exponential growth of rapid extinction vortex contributed to North America, was detected in western neonicotinoid applications started in the decline of the species, the genetic Canada (Ratti and Colla 2010, pp. 29– 2011, 5 years after the last observation system and historically small 31). A study in Japan found that of the species. The vast majority of population size of the Franklin’s bumble nonnative buff-tailed bumble bee neonicotinoids are used as seed bee likely heightened the species’ colonies, founded by bees that had treatments on grains and other field vulnerability to other stressors in the escaped from commercially produced crops (Oregon Department of environment; we, therefore, consider the colonies, had more than four times the Agriculture 2018, pers. comm.). effects of small population size a threat mean reproductive output of native No studies have investigated the to the species. bumble bees (Matsumura et al. 2004, p. effects of pesticide use on the Franklin’s 93). A study in England found that bumble bee, and no discoveries have Competition With Nonnative Bees commercially raised buff-tailed bumble been documented of any Franklin’s The European honey bee (Apis bee colonies had higher nectar-foraging bumble bees injured or killed by mellifera) was first introduced to eastern rates and greater reproductive output pesticides. The Franklin’s bumble bee is North America in the early 1620s and than a native subspecies of the buff- a habitat generalist and is not known to into California in the early 1850s tailed bumble bee (Ings et al. 2006, p. have a close association with (Xerces Society and Thorp 2010, p. 21). 940). Colonies of eastern bumble bee agricultural lands; therefore, it may have The resource needs of the European were imported to pollinate agricultural less exposure to pesticides than some honey bee and native Bombus species crops and strawberries in Grants Pass, other Bombus species. However, may overlap, resulting in the potential Oregon, in the range of the Franklin’s pesticide use occurs in the range of the for increased competition for resources bumble bee (Xerces Society and Thorp Franklin’s bumble bee. The similarity in (Thomson 2004, p. 458; Thomson 2006, 2010, p. 18). foraging traits that the Franklin’s p. 407). Decreased foraging activity and Although nonnative Bombus species bumble bee has with both honey bees lowered reproductive success of in the range of Franklin’s bumble bee and the other Bombus species (e.g., Bombus colonies have been noted near could outcompete Franklin’s bumble generalist foragers collecting pollen European honey bee hives (Evans 2001, bee for floral resources and nesting from similar food sources) allows us to pp. 32–33; Thomson 2004, p. 458; habitat, we could not find any infer that the Franklin’s bumble bee Thomson 2006, p. 407). Additionally, information to definitively connect would suffer exposure to and impacts the size of workers of native Bombus competition with nonnative bumble from pesticides in similar measure to species were noticeably reduced where bees to the decline of the Franklin’s other Bombus species when the European honey bees were present, bumble bee. Furthermore, invertebrate Franklin’s bumble bee is in areas where which may be detrimental to Bombus surveys in Franklin’s bumble bee habitat pesticides are applied. colony success (Goulson and Sparrow continue to show evidence of healthy 2009, p. 177). It is likely that the effects populations of other native Bombus Effects of Small Population Size discussed in these studies are local in species unaffected by competition from The Franklin’s bumble bee is rare and space and time, and most pronounced nonnative bees (Pool 2014, entire; has always had very small populations where floral resources are limited and Colyer 2016, entire). (relative to other similar, native bumble large numbers of commercial European bees in the western United States), and honey bee colonies are introduced Summary likely has low genetic diversity due to (Xerces Society and Thorp 2010, p. 21). We find that several natural and other the haplodiploidy genetic system it We could not find information to human-caused factors contributed to the shares with all Bombus species (Zayed indicate that any area of Franklin’s decline of the Franklin’s bumble bee. 2009, p. 238). These factors make the bumble bee habitat in the range of the While it is unlikely that pesticides alone species more vulnerable to habitat species has limited floral resources and can account for the decline of the change or loss, parasites, diseases, large numbers of European honey bees. Franklin’s bumble bee, documented stochastic events, and other natural We have no information related to the effects of pesticides on closely related disasters such as droughts (Xerces specific placement of commercial honey Bombus species suggest pesticide use Society and Thorp 2010, p. 20). Between bee colonies in or near Franklin’s was likely a factor in the decline of the 1998 and 2006, the number of Franklin’s bumble bee habitat. Furthermore, Franklin’s bumble bee. The bumble bee observations went from a European honey bees have been present haplodiploid genetic system of the high of 98 at 11 locations, to a lone without noticeable declines in Bombus Franklin’s bumble bee, combined with individual in 2006. No observations of populations over large portions of their its historically small population size, the Franklin’s bumble bee have ranges (Xerces Society and Thorp 2010, was also likely a factor in the decline of occurred since 2006, despite an increase p. 21), and we have no new information the species. Although nonnative

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Bombus species in the range of the U.S. Forest Service, and Bureau of Land pesticide applications but none in the Franklin’s bumble bee could Management have significantly range of the Franklin’s bumble bee outcompete the Franklin’s bumble bee contributed to the existing information (Powell 2017, p. 1; City of Portland for floral resources and nesting habitat, on Franklin’s bumble bee. However, 2015, p. 2). However, in the 2017 we could not find any information other than those search efforts, we are legislative session, Oregon passed an connecting competition with nonnative aware of no conservation efforts or Avoidance of Adverse Effects on bumble bees to the decline of the beneficial actions specifically taken to Pollinating Insects law (Oregon Revised Franklin’s bumble bee. Additionally, address the threats to the Franklin’s Statutes (ORS) 634.045) that is surveys in Franklin’s bumble bee habitat bumble bee. Oregon does not include providing enhanced training of licensed continue to show evidence of healthy invertebrates on their State endangered and unlicensed pesticide applicators in populations of other native Bombus species list (Oregon Department of Fish the State (Melathopoulos 2018, pers. species unaffected by competition from and Wildlife 2018) and California has comm.), and could thereby reduce nonnative bees. no bee species included on its list of effects of pesticides on pollinators Threatened and Endangered including Franklin’s bumble bee. Synergistic and Cumulative Effects Invertebrates (California Department of In January 2017, the U.S. It is likely that several risk factors are Fish and Wildlife 2018). California has Environmental Protection Agency’s acting cumulatively and synergistically the Franklin’s bumble bee listed on its Office of Pesticide Programs published on many Bombus species, including the list of Terrestrial and Vernal Pool their Policy to Mitigate the Acute Risk Franklin’s bumble bee (Goulson et al. Invertebrates of Conservation Priority to Bees from Pesticide Products, which 2015, p. 5), and the combination of but has no required actions or special recommended new labeling statements multiple stressors is likely more harmful protections associated with the listing for pesticide products including than a stressor acting alone (Gill et al. (California Department of Fish and warnings for pesticides with a known 2012; Coors and DeMeester 2008; Sih et Wildlife 2017, p. 10). The Franklin’s acute toxicity to bees (Tier 1 pesticides), al. 2004). There is recent evidence that bumble bee is on the species index for including neonicotinoids (specifically the interactive effects of pesticides and the U.S. Forest Service and Bureau of including imidacloprid, clothianidin, pathogens could be particularly harmful Land Management Interagency Special and thiamethoxam) (U.S. Environmental for bumble bees (U.S. Fish and Wildlife Status/Sensitive Species Program Protection Agency 2017, p. 31). In Service 2018, p. 39). Nutritional stress (ISSSSP). Although the Federal agencies addition, the Environmental Protection may compromise the ability of bumble do include the species in survey efforts Agency is working with State and Tribal bees to survive parasitic infections and conduct general meadow agencies to develop and implement (Brown et al. 2000, pp. 424–425). enhancement activities, there are no local pollinator protection plans, known Bumble bees with activated immunity actions resulting from the ISSSSP as Managed Pollinator Protection Plans may have metabolic costs, such as classification that address known (MP3s). The Environmental Protection increased food consumption (Tyler et al. threats to the Franklin’s bumble bee Agency is promoting MP3s to address 2006, p. 2; Moret and Schmid-Hempel (Interagency Special Status/Sensitive potential pesticide exposure to bees at 2000, pp. 1166–1167). Additionally, Species Program 2018). and beyond the site of the application. exposure to pesticides may increase General awareness of colony collapse However, States and Tribes have the with increased food consumption in disorder and increase of conservation flexibility to determine the scope of infected bees (Goulson et al. 2015, p. 5). efforts for pollinators in general has pollinator protection plans that best Activating immunity impairs learning in likely had limited, indirect effects on responds to pollinator issues in their bumble bees (Riddell and Mallon 2006; policies and regulations. The U.S. Forest regions. For example, State and Tribal Alghamdi et al. 2008, p. 480). Impaired Service is working to include a section MP3s may address pesticide-related learning is thought to reduce the ability in all biological evaluations to address risks to all pollinators, including of bees to locate floral resources and the effects from agency actions on managed bees and wild insect and non- extract nectar and pollen, therefore pollinators. In addition, the Rogue insect pollinators (U.S. Environmental exacerbating nutritional stresses River-Siskiyou National Forest is Protection Agency 2018). (Goulson et al. 2015, p. 5). Further, currently implementing projects and The U.S. Fish and Wildlife Service evidence of the relationship between mitigations to create and enhance implemented a ban on the use of low genetic diversity and disease pollinator habitat (Colyer 2018, pers. neonicotinoids on all lands in the susceptibility was discussed in Cameron comm.). The Oregon Department of National Wildlife Refuge System in et al. (2011b, p. 665), who stated that Agriculture restricts some potential 2014 (U.S. Fish and Wildlife Service declining North American species with sources of N. bombi from entering the 2014); however, no refuge lands occur low genetic diversity have higher State for agricultural uses, including within the range of the Franklin’s prevalence of the pathogen N. bombi. In commercially produced colonies of bumble bee. None of these summary, we, therefore, find that eastern bumble bee; only Bombus aforementioned measures has pathogens in combination with species native to Oregon are allowed for appreciably reduced or fully pesticides, as well as pathogens in commercial pollination purposes ameliorated threats to the Franklin’s combination with the effects of small (Oregon Department of Agriculture bumble bee, as evidenced by the population size, may have hastened and 2017, p. 5). However, California allows, species’ acute and rangewide decline. amplified the decline of the Franklin’s with appropriate permits, the Summary of Status bumble bee to a greater degree than any importation of eastern bumble bee, and one of the three factors would cause on other species such as the blue orchard The significant decrease in abundance its own. bee (Osmia lignaria) for greenhouse and distribution of the Franklin’s pollination (California Department of bumble bee to date has greatly reduced Existing Regulatory Mechanisms and Food and Agriculture 2017), making the the species’ ability to adapt to changing Conservation Efforts potential for pathogen spillover from environmental conditions and to guard Surveys conducted by Dr. Robbin non-native bees higher in California. against further losses of adaptive Thorp, other private individuals, Some local municipalities in Oregon diversity and potential extinction due to University classes and researchers, the enacted legislation against aerial catastrophic events. It also substantially

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reduced the ability of the Franklin’s effects of pathogens had some on the basis of the best available bumble bee to withstand environmental connection to the decline of the scientific and commercial information, variation, catastrophic events, and Franklin’s bumble bee. We evaluated we propose to list the Franklin’s bumble changes in physical and biological existing regulatory mechanisms (Factor bee as endangered in accordance with conditions. Coupled with the increased D) and conservation measures and their sections 3(6) and 4(a)(1) of the Act. We risk of extirpation due to the interaction effects on the stressors and the status of find that a threatened species status is of reduced population size and the the Franklin’s bumble bee; we found not appropriate for the Franklin’s species’ haplodiploid genetic system, that the existing regulatory mechanisms bumble bee because of the extreme loss the Franklin’s bumble bee may lack the or conservation measures in place do of abundance of the species, because the resiliency required to sustain not appreciably reduce or ameliorate the threats are occurring rangewide and are populations into the future, even existing threats to the species, as not localized, and because the threats without further exposure to pathogens evidenced by the species’ acute and are ongoing and expected to continue and pesticides. rangewide decline. Although we have into the future. no direct evidence that pesticide use Under the Act and our implementing Determination contributed to the decline of the regulations, a species may warrant Section 4 of the Act and its Franklin’s bumble bee, confirmed listing if it is endangered or threatened implementing regulations at 50 CFR part effects to other closely related Bombus throughout all or a significant portion of 424 set forth the procedures for adding species suggest that pesticide use its range. Because we have determined species to the Federal Lists of (Factor E) was likely a factor in the that the Franklin’s bumble bee is in Endangered and Threatened Wildlife decline of the Franklin’s bumble bee. danger of extinction throughout its and Plants. Under section 4(b)(1)(a), the Additionally, given the historically range, we find it unnecessary to proceed Secretary is to make endangered or small population size (Factor E) of the to an evaluation of potentially threatened determinations required by Franklin’s bumble bee and its significant portions of the range. Where subsection 4(a)(1) solely on the basis of haplodiploid genetic system, it is more the best available information allows the the best scientific and commercial data vulnerable to extirpation than other Services to determine a status for the available to him after conducting a species, and it is likely the genetic species rangewide, that determination review of the status of the species and system and the rarity of this species should be given conclusive weight after taking into account conservation contributed to the decline of the because a rangewide determination of efforts by States or foreign nations. The Franklin’s bumble bee (Factor E). status more accurately reflects the standards for determining whether a The combination of multiple stressors species’ degree of imperilment and species is endangered or threatened are is typically more harmful than a stressor better promotes the purposes of the provided in section 3 of the Act. An acting alone, and it is likely that several statute. Under this reading, we should endangered species is any species that of the stressors mentioned above acted first consider whether listing is is ‘‘in danger of extinction throughout cumulatively and synergistically on the appropriate based on a rangewide all or a significant portion of its range.’’ Franklin’s bumble bee. Pathogens in analysis and proceed to conduct a A threatened species is any species that combination with pesticides, as well as ‘‘significant portion of its range’’ is ‘‘likely to become an endangered pathogens in combination with the analysis if, and only if, a species does species within the foreseeable future effects of small population size, may not qualify for listing as either throughout all or a significant portion of have hastened and amplified the decline endangered or threatened according to its range.’’ of the Franklin’s bumble bee to a greater the ‘‘all’’ language. We note that the We have carefully assessed the best degree than any one of the three factors court in Desert Survivors v. Department scientific and commercial information caused on its own. Although the of the Interior, No. 16–cv–01165–JCS, available regarding the past, present, ultimate source of the decline is 2018 WL 4053447 (N.D. Cal. Aug. 24, and future threats to the Franklin’s unknown, the acute and rangewide 2018), did not address this issue, and bumble bee. Our assessment did not decline of the Franklin’s bumble bee is our conclusion is therefore consistent find habitat loss or modification (Factor undisputable. with the opinion in that case. A) to be the cause of the decline of the The Act defines an endangered Although this species has not been Franklin’s bumble bee, and we have no species as any species that is ‘‘in danger found since 2006, we conclude it is information to suggest that habitat of extinction throughout all or a premature at this time to determine that destruction or modification will significant portion of its range’’ and a the species is extinct absent a more increase in intensity in the near future. threatened species as any species ‘‘that thorough survey effort. We invite public There is no indication that the is likely to become endangered comment on the probability of Franklin’s bumble bee was at risk of throughout all or a significant portion of extinction for this species and will overutilization for commercial, its range within the foreseeable future.’’ revisit this conclusion as appropriate recreational, scientific, or educational We find that the Franklin’s bumble bee with respect to available information for purposes (Factor B). Known pathogens is presently in danger of extinction the final determination. We recommend occur within the historical range of the throughout all of its range based on the expanded future survey efforts to help Franklin’s bumble bee, and we have severity and immediacy of threats verify the status of this species. evidence of several pathogens (Factor C) currently affecting the species. infecting closely related species within The threats of pathogens, pesticides, Available Conservation Measures that range. Although we do not have and small population size are ongoing Conservation measures provided to direct evidence of pathogens playing a and rangewide; they will continue to act species listed as endangered or role in the decline of the Franklin’s individually and in combination to threatened species under the Act bumble bee, the disappearance of the decrease the resiliency, redundancy, include recognition, recovery actions, Franklin’s bumble bee occurred soon and representation of the Franklin’s requirements for Federal protection, and after a period of introduction of new bumble bee. The risk of extinction is prohibitions against certain practices. pathogens. Furthermore, documented high because the species has not been Recognition through listing results in effects to other closely related species found since 2006, and the suspected public awareness, and conservation by lead many species experts to suspect the threats to the species persist. Therefore, Federal, State, Tribal, and local

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agencies; private organizations; and businesses, and private landowners. conference or consultation or both as individuals. The Act encourages Examples of recovery actions include described in the preceding paragraph cooperation with the States and other habitat restoration (e.g., restoration of include: Management and any other countries and calls for recovery actions native vegetation), research, captive landscape-altering activities on Federal to be carried out for listed species. The propagation and reintroduction, and lands administered by the U.S. Forest protection required by Federal agencies outreach and education. The recovery of Service and Bureau of Land and the prohibitions against certain many listed species cannot be Management; issuance of section 404 activities are discussed, in part, below. accomplished solely on Federal lands Clean Water Act (33 U.S.C. 1251 et seq.) The primary purpose of the Act is the because their range may occur primarily permits by the U.S. Army Corps of conservation of endangered and or solely on non-Federal lands. To Engineers; and construction and threatened species and the ecosystems achieve recovery of these species maintenance of roads or highways by upon which they depend. The ultimate requires cooperative conservation efforts the Federal Highway Administration. goal of such conservation efforts is the on private, State, and Tribal lands. If The Act and its implementing recovery of these listed species, so that this species is listed, funding for regulations set forth a series of general they no longer need the protective recovery actions will be available from prohibitions and exceptions that apply measures of the Act. Subsection 4(f) of a variety of sources, including Federal to endangered wildlife. The prohibitions the Act calls for the Service to develop budgets; State programs; and cost share of section 9(a)(1) of the Act, codified at and implement recovery plans for the grants for non-Federal landowners, the 50 CFR 17.21, make it illegal for any conservation of endangered and academic community, and person subject to the jurisdiction of the threatened species. The recovery nongovernmental organizations. In United States to take (which includes planning process involves the addition, pursuant to section 6 of the harass, harm, pursue, hunt, shoot, identification of actions that are Act, the States of Oregon and California wound, kill, trap, capture, or collect; or necessary to halt or reverse the species’ would be eligible for Federal funds to to attempt any of these) endangered decline by addressing the threats to its implement management actions that wildlife within the United States or on survival and recovery. The goal of this promote the protection or recovery of the high seas. In addition, it is unlawful process is to restore listed species to a the Franklin’s bumble bee. Information to import; export; deliver, receive, carry, point where they are secure, self- on our grant programs that are available transport, or ship in interstate or foreign sustaining, and functioning components to aid species recovery can be found at: commerce in the course of commercial of their ecosystems. http://www.fws.gov/grants. activity; or sell or offer for sale in Recovery planning includes the Although the Franklin’s bumble bee is interstate or foreign commerce any development of a recovery outline only proposed for listing under the Act listed species. It is also illegal to shortly after a species is listed and at this time, please let us know if you possess, sell, deliver, carry, transport, or preparation of a draft and final recovery are interested in participating in ship any such wildlife that has been plan. The recovery outline guides the recovery efforts for this species. taken illegally. Certain exceptions apply immediate implementation of urgent Additionally, we invite you to submit to employees of the Service, the recovery actions and describes the any new information on this species National Marine Fisheries Service, other process to be used to develop a recovery whenever it becomes available and any Federal land management agencies, and plan. Revisions of the plan may be done information you may have for recovery State conservation agencies. to address continuing or new threats to planning purposes (see FOR FURTHER We may issue permits to carry out the species, as new substantive INFORMATION CONTACT). otherwise prohibited activities information becomes available. The Section 7(a) of the Act requires involving endangered wildlife under recovery plan also identifies recovery Federal agencies to evaluate their certain circumstances. Regulations criteria for review of when a species actions with respect to any species that governing permits are codified at 50 may be ready for reclassification from is proposed or listed as an endangered CFR 17.22. With regard to endangered endangered to threatened or threatened species and with respect wildlife, a permit may be issued for the (‘‘downlisting’’) or removal from the List to its critical habitat, if any is following purposes: For scientific of Endangered and Threatened Wildlife designated. Regulations implementing purposes, to enhance the propagation or or List of Endangered and Threatened this interagency cooperation provision survival of the species, and for Plants (‘‘delisting’’), and methods for of the Act are codified at 50 CFR part incidental take in connection with monitoring recovery progress. Recovery 402. Section 7(a)(4) of the Act requires otherwise lawful activities. There are plans also establish a framework for Federal agencies to confer with the also certain statutory exemptions from agencies to coordinate their recovery Service on any action that is likely to the prohibitions, which are found in efforts and provide estimates of the cost jeopardize the continued existence of a sections 9 and 10 of the Act. of implementing recovery tasks. species proposed for listing or result in It is our policy, as published in the Recovery teams (composed of species destruction or adverse modification of Federal Register on July 1, 1994 (59 FR experts, Federal and State agencies, proposed critical habitat. If a species is 34272), to identify to the maximum nongovernmental organizations, and listed subsequently, section 7(a)(2) of extent practicable at the time a species stakeholders) are often established to the Act requires Federal agencies to is listed, those activities that would or develop recovery plans. When ensure that activities they authorize, would not constitute a violation of completed, the recovery outline will be fund, or carry out are not likely to section 9 of the Act. The intent of this available on our website (http:// jeopardize the continued existence of policy is to increase public awareness of www.fws.gov/endangered), or from our the species or destroy or adversely the effect of a proposed listing on Oregon Fish and Wildlife Office (see modify its critical habitat. If a Federal proposed and ongoing activities within FOR FURTHER INFORMATION CONTACT). action may affect a listed species or its the range of the species proposed for Implementation of recovery actions critical habitat, the responsible Federal listing. Based on the best available generally requires the participation of a agency must enter into consultation information, the following actions broad range of partners, including other with the Service. would be unlikely to result in a Federal agencies, States, Tribes, Federal agency actions within the violation of section 9 of the Act if they nongovernmental organizations, species’ habitat that may require are authorized and carried out in

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accordance with applicable law; this list periodically, but not solely by vagrant protected habitat). In identifying those is not comprehensive: individuals). physical or biological features within an (1) Recreation, specifically skiing at Conservation, as defined under area, we focus on the specific features Mt. Ashland, and use of the Pacific section 3 of the Act, means to use and that support the life-history needs of the Crest Trail; the use of all methods and procedures species, including but not limited to, (2) Timber sales; and that are necessary to bring an water characteristics, soil type, (3) Livestock grazing. endangered or threatened species to the geological features, prey, vegetation, Based on the best available point at which the measures provided symbiotic species, or other features. A information, the following actions may pursuant to the Act are no longer feature may be a single habitat potentially result in a violation of necessary. Such methods and characteristic, or a more complex section 9 of the Act if they are not procedures include, but are not limited combination of habitat characteristics. authorized in accordance with to, all activities associated with Features may include habitat applicable law; this list is not scientific resources management such as characteristics that support ephemeral comprehensive: research, census, law enforcement, or dynamic habitat conditions. Features (1) Unauthorized handling or habitat acquisition and maintenance, may also be expressed in terms relating collecting of the Franklin’s bumble bee; propagation, live trapping, and to principles of conservation biology, (2) The unauthorized release of transplantation, and, in the such as patch size, distribution biological control agents that attack any extraordinary case where population distances, and connectivity. life stage of the Franklin’s bumble bee, pressures within a given ecosystem Under the second prong of the Act’s including the unauthorized use of cannot be otherwise relieved, may definition of critical habitat, we can herbicides, pesticides, or other include regulated taking. designate critical habitat in areas chemicals in habitats in which the Critical habitat receives protection outside the geographical area occupied Franklin’s bumble bee is known to under section 7 of the Act through the by the species at the time it is listed, occur; and requirement that Federal agencies upon a determination that such areas (3) Unauthorized release of nonnative ensure, in consultation with the Service, are essential for the conservation of the species or native species that carry that any action they authorize, fund, or species. We will determine whether pathogens, diseases, or fungi that are carry out is not likely to result in the unoccupied areas are essential for the known or suspected to adversely affect destruction or adverse modification of conservation of the species by the Franklin’s bumble bee where the critical habitat. The designation of considering the life-history, status, and species is known to occur. critical habitat does not affect land conservation needs of the species. This Questions regarding whether specific ownership or establish a refuge, will be further informed by any activities would constitute a violation of wilderness, reserve, preserve, or other generalized conservation strategy, section 9 of the Act should be directed conservation area. Such designation criteria, or outline that may have been to the Oregon Fish and Wildlife Office does not allow the government or public developed for the species to provide a (see FOR FURTHER INFORMATION CONTACT). to access private lands. Such substantive foundation for identifying designation does not require which features and specific areas are Critical Habitat implementation of restoration, recovery, essential to the conservation of the Background or enhancement measures by non- species and, as a result, the Federal landowners. Where a landowner development of the critical habitat Critical habitat is defined in section 3 requests Federal agency funding or designation. For example, an area of the Act as: authorization for an action that may currently occupied by the species but (1) The specific areas within the affect a listed species or critical habitat, that was not occupied at the time of geographical area occupied by the the consultation requirements of section listing may be essential to the species, at the time it is listed in 7(a)(2) of the Act would apply, but even conservation of the species and may be accordance with the Act, on which are in the event of a destruction or adverse included in the critical habitat found those physical or biological modification finding, the obligation of designation. features the Federal action agency and the Section 4 of the Act requires that we (a) Essential to the conservation of the landowner is not to restore or recover designate critical habitat on the basis of species, and the species, but to implement the best scientific data available. (b) Which may require special reasonable and prudent alternatives to Further, our Policy on Information management considerations or avoid destruction or adverse Standards Under the Endangered protection; and modification of critical habitat. Species Act (published in the Federal (2) Specific areas outside the Under the first prong of the Act’s Register on July 1, 1994 (59 FR 34271)), geographical area occupied by the definition of critical habitat, areas the Information Quality Act (section 515 species at the time it is listed, upon a within the geographical area occupied of the Treasury and General determination that such areas are by the species at the time it was listed Government Appropriations Act for essential for the conservation of the are included in a critical habitat Fiscal Year 2001 (Pub. L. 106–554; H.R. species. designation if they contain physical or 5658)), and our associated Information Our regulations at 50 CFR 424.02 biological features (1) which are Quality Guidelines, provide criteria, define ‘‘geographical area occupied by essential to the conservation of the establish procedures, and provide the species’’ as: An area that may species and (2) which may require guidance to ensure that our decisions generally be delineated around species’ special management considerations or are based on the best scientific data occurrences, as determined by the protection. For these areas, critical available. They require our biologists, to Secretary of the Interior (i.e., range). habitat designations identify, to the the extent consistent with the Act and Such areas may include those areas extent known using the best scientific with the use of the best scientific data used throughout all or part of the and commercial data available, those available, to use primary and original species’ life cycle, even if not used on physical or biological features that are sources of information as the basis for a regular basis (e.g., migratory corridors, essential to the conservation of the recommendations to designate critical seasonal habitats, and habitats used species (such as space, food, cover, and habitat.

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Prudency Determination remote wilderness area of California to not be beneficial to the species: ‘‘[I]n Section 4(a)(3) of the Act, as nesting in a residential garage in the city some circumstances, a species may be amended, and implementing regulations limits of Medford, Oregon. The species listed because of factors other than (50 CFR 424.12), require that, to the has a broad elevational range from 162 threats to its habitat or range, such as maximum extent prudent and m (540 ft) to 2,340 m (7,800 ft); disease, and the species may be a determinable, the Secretary shall elevation does not appear to limit the habitat generalist. In such a case, on the designate critical habitat at the time the species’ dispersal capabilities. basis of the existing and revised Some general habitat associations of regulations, it is permissible to species is determined to be an Bombus are known; however, as one of determine that critical habitat is not endangered or threatened species. Our the rarest Bombus species, the beneficial and, therefore, not prudent’’ regulations (50 CFR 424.12(a)(1)) state Franklin’s bumble bee is somewhat (81 FR 7425). This is the fact pattern we that the designation of critical habitat is enigmatic and a specific habitat study are presented with in the case of the not prudent when one or both of the for the Franklin’s bumble bee has not Franklin’s bumble bee. In view of the following situations exist: been completed. Such a study was foregoing, we conclude that present or (1) The species is threatened by taking initiated in 2006, when the Franklin’s threatened destruction, modification, or or other human activity, and bumble bee was last seen, but could not curtailment of habitat is not a threat to identification of critical habitat can be continue due to the subsequent absence the Franklin’s bumble bee; rather, expected to increase the degree of threat of the species. Therefore, we cannot, disease and other manmade factors are to the species, or with specificity, articulate the physical likely the primary threat to the species (2) Such designation of critical habitat or biological features essential to the within its habitat. Therefore, in would not be beneficial to the species. conservation of the Franklin’s bumble accordance with 50 CFR 424.12(a)(1), The regulations also provide that, in bee, or determine whether or not any we determine that critical habitat is not determining whether a designation area would meet the definition of beneficial and, therefore, not prudent would not be beneficial, the factors the critical habitat for the Franklin’s bumble for the Franklin’s bumble bee. Service may consider include but are bee. not limited to: Whether the present or Since it was first identified in 1921, Required Determinations threatened destruction, modification, or the Franklin’s bumble bee appears to Clarity of the Rule curtailment of a species’ habitat or range have always been a rare species limited We are required by Executive Orders is not a threat to the species, or whether in abundance. In fact, the species has 12866 and 12988 and by the any areas meet the definition of ‘‘critical perhaps the most limited range of any Presidential Memorandum of June 1, habitat’’ (50 CFR 424.12(a)(1)(ii)). Bombus species in the world. 1998, to write all rules in plain As discussed above in the threats Nonetheless, Franklin’s bumble bee language. This means that each rule we analysis, there is currently no imminent habitat is not in short supply, and publish must: threat of take attributed to collection or habitat loss is not a threat to the species. vandalism identified under Factor B for (1) Be logically organized; With the exception of the inundation of (2) Use the active voice to address this species, and identification and two historical Franklin’s bumble bee readers directly; mapping of critical habitat is not locations by the construction of (3) Use clear language rather than expected to initiate any such threat. In Applegate dam and a report of soil jargon; the absence of finding that the modification on a portion of the Gold (4) Be divided into short sections and designation of critical habitat would Hill site four years after the last sentences; and increase threats to a species, we next occurrence of Franklin’s bumble bee in (5) Use lists and tables wherever determine whether such designation of the area, no noticeable destruction, possible. critical habitat would be beneficial to modification, or curtailment of habitat If you feel that we have not met these the Franklin’s bumble bee. For the or range can be identified in areas where requirements, send us comments by one reasons discussed below, we have the species had been previously located. of the methods listed in ADDRESSES. To determined that designating critical No significant destruction or better help us revise the rule, your habitat would not be beneficial. modification of Franklin’s bumble bee comments should be as specific as Designating Habitat Would Not Be habitat can be attributed to natural fire, possible. For example, you should tell Beneficial to the Species prescribed fire, agricultural us the numbers of the sections or intensification, urban development, paragraphs that are unclearly written, The Franklin’s bumble bee was livestock grazing, or the effects of which sections or sentences are too widely distributed throughout its range climate change. Additionally, as long, the sections where you feel lists or and considered flexible with regards to discussed above, the Franklin’s bumble tables would be useful, etc. habitat requirements. We know that the bee has been documented using a wide Franklin’s bumble bee needs (1) floral variety of habitat throughout its range. National Environmental Policy Act (42 resources for nectaring throughout the Because habitat for the Franklin’s U.S.C. 4321 et seq.) colony cycle, and (2) relatively bumble bee is not limiting, and because We have determined that protected areas for breeding and shelter. the bee is considered to be flexible with environmental assessments and In addition, because the best available regards to its habitat, the availability of environmental impact statements, as scientific information indicates that the habitat does not limit the conservation defined under the authority of the Franklin’s bumble bee is a generalist of the Franklin’s bumble bee now, nor National Environmental Policy Act forager, its habitat preferences and will it in the foreseeable future. (NEPA; 42 U.S.C. 4321 et seq.), need not needs are relatively plentiful and widely In the Service and National Marine be prepared in connection with listing distributed. While Bombus species in Fisheries Service’s response to a species as an endangered or general might prefer protected meadows comments on the February 11, 2016, threatened species under the with an abundance of wildflowers, the final rule (81 FR 7414) revising the Endangered Species Act. We published Franklin’s bumble bee has been found critical habitat regulations, the Services a notice outlining our reasons for this in a wide array of habitat types, from expressly contemplated a fact pattern determination in the Federal Register foraging in montane meadows in a where designating critical habitat may on October 25, 1983 (48 FR 49244).

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Government-to-Government controls as Federal public lands, to Proposed Regulation Promulgation Relationship With Tribes remain sensitive to Indian culture, and Accordingly, we propose to amend In accordance with the President’s to make information available to tribes. part 17, subchapter B of chapter I, title memorandum of April 29, 1994 References Cited 50 of the Code of Federal Regulations, (Government-to-Government Relations as set forth below: with Native American Tribal A complete list of references cited in Governments; 59 FR 22951), Executive this proposed rule is available on the PART 17—ENDANGERED AND Order 13175 (Consultation and internet at http://www.regulations.gov THREATENED WILDLIFE AND PLANTS Coordination With Indian Tribal under Docket No. FWS–R1–ES–2018– Governments), and the Department of 0044 and upon request from the Oregon ■ 1. The authority citation for part 17 the Interior’s manual at 512 DM 2, we Fish and Wildlife Office (see FOR continues to read as follows: readily acknowledge our responsibility FURTHER INFORMATION CONTACT). Authority: 16 U.S.C. 1361–1407; 1531– to communicate meaningfully with Authors 1544; and 4201–4245, unless otherwise recognized Federal Tribes on a noted. government-to-government basis. In The primary authors of this proposed ■ 2. Amend § 17.11(h) by adding an accordance with Secretarial Order 3206 rule are the staff members of the Oregon entry for ‘‘Bumble bee, Franklin’s’’ to of June 5, 1997 (American Indian Tribal Fish and Wildlife Office and Pacific the List of Endangered and Threatened Rights, Federal-Tribal Trust Region Office in Portland, Oregon. Wildlife in alphabetical order under Responsibilities, and the Endangered List of Subjects in 50 CFR Part 17 INSECTS to read as follows: Species Act), we readily acknowledge our responsibilities to work directly Endangered and threatened species, § 17.11 Endangered and threatened with tribes in developing programs for Exports, Imports, Reporting and wildlife. healthy ecosystems, to acknowledge that recordkeeping requirements, * * * * * tribal lands are not subject to the same Transportation. (h) * * *

Listing citations and Common name Scientific name Where listed Status applicable rules

*******

INSECTS

******* Bumble bee, Franklin’s Bombus franklini ...... Wherever found ...... E [Federal Register citation when published as a final rule]

*******

Dated: January 31, 2019. Margaret E. Everson, Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising the Authority of the Director, U.S. Fish and Wildlife Service. Editorial Note: This document was received for publication by the Office of the Federal Register on August 7, 2019. [FR Doc. 2019–17337 Filed 8–12–19; 8:45 am] BILLING CODE 4333–15–P

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Notices Federal Register Vol. 84, No. 156

Tuesday, August 13, 2019

This section of the FEDERAL REGISTER census.gov, Department of Commerce, of the meeting. A photo ID must be contains documents other than rules or U.S. Census Bureau, Room 8H216A, presented in order to receive your proposed rules that are applicable to the 4600 Silver Hill Road, Washington, DC visitor’s badge. Visitors are not allowed public. Notices of hearings and investigations, 20233, telephone 301–763–7281. For beyond the first floor. committee meetings, agency decisions and TTY callers, please use the Federal rulings, delegations of authority, filing of Dated: August 7, 2019. petitions and applications and agency Relay Service 1–800–877–8339. Steven D. Dillingham, statements of organization and functions are SUPPLEMENTARY INFORMATION: The Director, Bureau of the Census. examples of documents appearing in this members of the CSAC are appointed by [FR Doc. 2019–17323 Filed 8–12–19; 8:45 am] section. the Director, Census Bureau. The Committee provides scientific and BILLING CODE 3510–07–P technical expertise, as appropriate, to DEPARTMENT OF COMMERCE address Census Bureau program needs DEPARTMENT OF COMMERCE and objectives. The Committee has been Bureau of the Census established in accordance with the Foreign-Trade Zones Board Census Scientific Advisory Committee Federal Advisory Committee Act (Title Public Meeting 5, United States Code, Appendix 2, [B–44–2019] Section 10). AGENCY: Bureau of the Census, All meetings are open to the public. Foreign-Trade Zone (FTZ) 7— Department of Commerce. A brief period will be set aside at the Mayaguez, Puerto Rico; Notification of ACTION: Notice of public meeting. meeting for public comment on Proposed Production Activity; Patheon September 13. However, individuals Puerto Rico, Inc. (Pharmaceutical SUMMARY: The Bureau of the Census with extensive questions or statements Products); Manatı´, Puerto Rico (Census Bureau) is giving notice of a must submit them in writing to: meeting of the Census Scientific census.scientific.advisory.committee@ The Puerto Rico Industrial Advisory Committee (CSAC). The census.gov (subject line ‘‘September Development Company, grantee of FTZ Committee will address policy, 2019 CSAC Meeting Public Comment’’), 7, submitted a notification of proposed research, and technical issues relating to or by letter submission to Kimberly L. production activity to the FTZ Board on a full range of Census Bureau programs Leonard, Committee Liaison Officer, behalf of Patheon Puerto Rico, Inc. and activities, including Department of Commerce, U.S. Census (Patheon), located in Manatı´, Puerto communications, decennial, Bureau, Room 8H216A, 4600 Silver Hill Rico. The notification conforming to the demographic, economic, field Road, Washington, DC 20233. Topics of requirements of the regulations of the operations, geographic, information discussion will include the following FTZ Board (15 CFR 400.22) was technology, and statistics. The CSAC items: received on August 2, 2019. will meet in a plenary session on • Patheon already has authority to September 12–13, 2019. Last minute Update on the 2020 Census • Update on Integrated produce certain pharmaceutical changes to the schedule are possible, Communications Program products within FTZ 7. The current which could prevent giving advance • Update on Partnerships Program request would add a finished product public notice of schedule adjustments. • Proposed 2020 Data Products Plan and foreign status materials/components Please visit the Census Advisory • Plans to Evaluate 2020 to the scope of authority. Pursuant to 15 Committees website for the most current • 2020 Demographic Analysis Program CFR 400.14(b), additional FTZ authority meeting agenda at: https:// • Dissemination Plans for the 2017 would be limited to the specific foreign- www.census.gov/about/cac/sac.html. Economic Census status materials/components and The meeting will be available via • Update on Disclosure Avoidance, specific finished product described in webcast at: https://www.census.gov/ Data Products, and Administrative the submitted notification (as described newsroom/census-live.html. Data below) and subsequently authorized by DATES: September 12–13, 2019. On • Status Update on the 2020 Census the FTZ Board. Thursday, September 12, the meeting Data Products Plan Production under FTZ procedures will begin at 8:30 a.m. and end at If you plan to attend the meeting, could exempt Patheon from customs approximately 5 p.m. EDT. On Friday, please register by Monday, September 2, duty payments on the foreign-status September 13, the meeting will begin at 2019. You may access the online materials/components used in export 8:30 a.m. and end at approximately 2 registration from the following link: production. On its domestic sales, for p.m. https:// the foreign-status materials/components ADDRESSES: The meeting will be held at csacfallmeeting2019.eventbrite.com. noted below and in the existing scope the U.S. Census Bureau Auditorium, This meeting is physically accessible of authority, Patheon would be able to 4600 Silver Hill Road, Suitland, to people with disabilities. Requests for choose the duty rates during customs Maryland 20746. sign language interpretation or other entry procedures that apply to FOR FURTHER INFORMATION CONTACT: auxiliary aids should also be directed to empaglifozin and metformin Kimberly Leonard, External Stakeholder the Committee Liaison Officer as soon hydrochloride tablets (duty-free). Program Manager, Office of Program, as known, and preferably two weeks Patheon would be able to avoid duty on Performance and Stakeholder prior to the meeting. foreign-status components which Integrations, Please call 301–763–9906 upon become scrap/waste. Customs duties census.scientific.advisory.committee@ arrival at the Census Bureau on the day also could possibly be deferred or

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reduced on foreign-status production activity described in the notification, 500; Avicta® Complete Corn 250; equipment. subject to the FTZ Act and the Board’s Avicta® Complete Corn 250 Vibrance® The materials/components sourced regulations, including Section 400.14. Complete Beans; Avicta® Duo 250 Corn; from abroad include: Emapaglifozin— Given the applicant’s commitment in its Avicta® Duo COT202; Axial® and active pharmaceutical ingredient; notification, polyester knit woven dyed Axial® BIA; Axial® Bold; Axial® Star; metformin hydrochloride; copovidone; fabric must be admitted to the subzone Axial® XL; Axial® Xtreme; Azoxy silica, colloidal anhydrous; magnesium in privileged foreign status (19 CFR Millbase MUP; Azoxystrobin 96% stearate; opadry (coating); and, corn 146.41). Technical 760; Bankit® Gold; Celest® TM ® (maize) starch (duty rate ranges from Dated: August 8, 2019. Quattro; Chairman ; Clariva Elite TM ® duty-free to 6.5%). Elizabeth Whiteman, Beans; Compendium ; Cruiser 5 FS; The request indicates that certain ® ® Acting Executive Secretary. Cruiser 60 FS; Cruiser 60 FS materials/components are subject to Semillero; Cruiser® 600 FS (color and [FR Doc. 2019–17316 Filed 8–12–19; 8:45 am] special duties under Section 301 of the colorless); Cruisermaxx®; Cruisermaxx® Trade Act of 1974 (Section 301), BILLING CODE 3510–DS–P Beans; Cruisermaxx® Cereals; depending on the country of origin. The Cruisermaxx® Potato; Cruisermaxx® applicable Section 301 decisions require ® DEPARTMENT OF COMMERCE Potato Extreme; Cruisermaxx Potatoes subject merchandise to be admitted to 420 FS; Cruisermaxx® Vibrance® Beans; FTZs in privileged foreign status (19 Foreign-Trade Zones Board Cruisermaxx® Vibrance® Pulses; CFR 146.41). Cruiser® Semillero; Cruiser® Vibrance® Public comment is invited from [B–49–2019] Quattro; Cruiser® White; Cruiser® White interested parties. Submissions shall be TM ® Foreign-Trade Zone (FTZ) 19—Omaha, 200; Cruisermaxx ; Cruisermaxx addressed to the Board’s Executive ® ® Nebraska; Notification of Proposed Rice; Cruisermaxx Vibrance (colored Secretary and sent to: [email protected]. The ® Production Activity; Syngenta Crop and uncolored); Cruisermaxx closing period for their receipt is ® ® Protection, Inc. ((Herbicides, Vibrance Cereals; Cruisermaxx September 23, 2019. ® Fungicides and Insecticides); Omaha, Vibrance Potato; Cyantraniliprole; A copy of the notification will be ® ® Nebraska DividendExtreme , Vibrance , and available for public inspection in the Maxim® CB; Durivo®; Dynasty® 10FS ‘‘Reading Room’’ section of the Board’s Syngenta Crop Protection, Inc., Semillero; Dynasty® 125 FS; Dynasty®; website, which is accessible via (Syngenta) submitted a notification of DynastyCST®; DynastyCST® Semillero; www.trade.gov/ftz. proposed production activity to the FTZ Eforia; Elatus® ARC; Endigo®; Equity® For further information, contact Board for its facility in Omaha, VIP; First Defense SBR Custom Blend; Christopher Wedderburn at Nebraska. The notification conforming Fludioxinil Technical; Fortenza®; [email protected] or (202) to the requirements of the regulations of Fortenza® 600 FS; Fortenza® Duo 48 FS; 482–1963. the FTZ Board (15 CFR 400.22) was Fortenza® Duo 480 FS; Fortenza® Dated: August 7, 2019. received on August 2, 2019. Semillero; Funobis; Gazare; Graduate ® ® ® ® Elizabeth Whiteman, Syngenta already has authority to A+ ; Helix Vibrance ; Influx Quattro; ® ® Acting Executive Secretary. produce agricultural chemical products Instrata ; Lanxess AzoTech ; Lanxess ® ® [FR Doc. 2019–17242 Filed 8–12–19; 8:45 am] within FTZ 19. The current request Sporgard WB ; Lirum 78 SC; Maxim would add finished products and 025 FS; Maxim® 4 FS; Maxim® D; BILLING CODE 3510–DS–P foreign status materials/components to Maxim® Quattro; Maxim® Quattro the scope of authority. Pursuant to 15 Semillero; Maxim® SX; Maxim® XL; TM ® DEPARTMENT OF COMMERCE CFR 400.14(b), additional FTZ authority Medallion ; Medallion SC; would be limited to the specific foreign- Medallion® TL; Medallion® Turf; Foreign-Trade Zones Board status materials/components and Minecto® Pro; Miravis® Neo; Miravis® specific finished products described in Prime; Optigard® Flex Liquid; [B–25–2019] the submitted notification (as described Optigard® TL, Platinum® 2 SC; TM ® ® Foreign-Trade Zone (FTZ) 80—San below) and subsequently authorized by Platinum ; Plentrix ; Quadris ; the FTZ Board. Quadris® 50 WG; Quadris® Top; Quilt®; Antonio, Texas; Authorization of ® ® ® Production Activity; CGT U.S., Ltd. Production under FTZ procedures Quilt 200 SE; Quilt Xcel ; Scholar ; could exempt Syngenta from customs Seed Shield® Beans; Seed Shield® (Polyvinyl Chloride Coated Upholstery ® Fabric Cover Stock); New Braunfels, duty payments on the foreign-status Cereals; Seed Shield Cotton; Seed ® ® Texas materials/components used in export Shield MAX Beans; Seed Shield production. On its domestic sales, for MAX Cereals; SolvigoTM; StadiumTM; On April 10, 2019, CGT U.S., Ltd. the foreign-status materials/components Suren 60 Semillero; Tetraban®; Thiaba®; submitted a notification of proposed noted below and in the existing scope Thiamethoxam 240 SC MUP; production activity to the FTZ Board for of authority, Syngenta would be able to Thiamethoxam Technical; Traxos®; its facility within Subzone 80E, in New choose the duty rates during customs Trivapro®; Trondus; Uniform®; Braunfels, Texas. entry procedures that apply to Vibrance® Beans; Vibrance® Cinco; The notification was processed in AcademyTM; Actara®; AdageTM 60 FS Vibrance® CST; Vibrance®Flexi; accordance with the regulations of the Semillero; AdageTM ST; AdageTM, Vibrance® Maxx; Vibrance® Quattro; FTZ Board (15 CFR part 400), including Dynasty®, Mertect® and, polymer soy Vibrance® Trio; Videnti®; VoliamFlexi®; notice in the Federal Register inviting lactic acid concentrate; AframeTM; VoliamTargo®; Warden® Cereals 360; public comment (84 FR 16245, April 18, AframeTM Plus; Agri-Flex® 186 SC; Warden® Cereals WR II; Warden® CX; 2019). On August 8, 2019, the applicant Allegro® Quadris® Co-pack; Amistar® Warden® RTA; pesticide samples; and, was notified of the FTZ Board’s decision Full; Amistar® Gold; Apron® Advance; Demp Malonamid Tech (duty rate that no further review of the proposed ApronMaxx® RFC; ApronMaxx® RTA; ranges from 5% to 6.5%). Company activity is warranted at this time. The ApronMaxx® RTA + Moly; Avaris®; would be able to avoid duty on foreign- FTZ Board authorized the production Avaris® BL; Avicta® Complete Beans status components which become scrap/

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waste. Customs duties also could materials/components used in export Shield® MAX Beans; Seed Shield® possibly be deferred or reduced on production. On its domestic sales, for MAX Cereals; SolvigoTM; StadiumTM; foreign-status production equipment. the foreign-status materials/components Suren 60 Semillero; Tetraban®; Thiaba®; The components and materials noted below and in the existing scope Thiamethoxam 240 SC MUP; sourced from abroad include of authority, Syngenta would be able to Thiamethoxam Technical; Traxos®; cyantraniliprole, fludioxonil, choose the duty rates during customs Trivapro®; Trondus; Uniform®; azoxystrobin, pinoxaden, and entry procedures that apply to Vibrance® Beans; Vibrance® Cinco; thiamethoxam (duty rate 6.5%). AcademyTM; Actara®; AdageTM 60 FS Vibrance® CST; Vibrance®Flexi; Public comment is invited from Semillero; AdageTM ST; AdageTM, Vibrance® Maxx; Vibrance® Quattro; interested parties. Submissions shall be Dynasty®, Mertect® and, polymer soy Vibrance® Trio; Videnti®; VoliamFlexi®; addressed to the Board’s Executive lactic acid concentrate; AframeTM; VoliamTargo®; Warden® Cereals 360; Secretary and sent to: [email protected]. The AframeTM Plus; Agri-Flex® 186 SC; Warden® Cereals WR II; Warden® CX; closing period for their receipt is Allegro® Quadris® Co-pack; Amistar® Warden® RTA; pesticide samples; and, September 23, 2019. Full; Amistar® Gold; Apron® Advance; Demp Malonamid Tech (duty rate A copy of the notification will be ApronMaxx® RFC; ApronMaxx® RTA; ranges from 5% to 6.5%). Syngenta available for public inspection in the ApronMaxx® RTA + Moly; Avaris®; would be able to avoid duty on foreign- ‘‘Reading Room’’ section of the Board’s Avaris® BL; Avicta® Complete Beans status components which become scrap/ website, which is accessible via 500; Avicta® Complete Corn 250; waste. Customs duties also could www.trade.gov/ftz. Avicta® Complete Corn 250 Vibrance® possibly be deferred or reduced on For further information, contact Complete Beans; Avicta® Duo 250 Corn; foreign-status production equipment. Christopher Wedderburn at Avicta® Duo COT202; Axial® and The materials/components sourced [email protected] or (202) Axial® BIA; Axial® Bold; Axial® Star; from abroad include cyantraniliprole, 482–1963. Axial® XL; Axial® Xtreme; Azoxy fludioxonil, azoxystrobin, and Dated: August 7, 2019. Millbase MUP; Azoxystrobin 96% pinoxaden (duty rate 6.5%). ® ® Elizabeth Whiteman, Technical 760; Bankit Gold; Celest Public comment is invited from TM ® interested parties. Submissions shall be Acting Executive Secretary. Quattro; Chairman ; Clariva Elite TM ® addressed to the Board’s Executive [FR Doc. 2019–17315 Filed 8–12–19; 8:45 am] Beans; Compendium ; Cruiser 5 FS; Cruiser® 60 FS; Cruiser® 60 FS Secretary and sent to: [email protected]. The BILLING CODE 3510–DS–P Semillero; Cruiser® 600 FS (color and closing period for their receipt is colorless); Cruisermaxx®; Cruisermaxx® September 23, 2019. ® A copy of the notification will be DEPARTMENT OF COMMERCE Beans; Cruisermaxx Cereals; Cruisermaxx® Potato; Cruisermaxx® available for public inspection in the Foreign-Trade Zones Board Potato Extreme; Cruisermaxx® Potatoes ‘‘Reading Room’’ section of the Board’s 420 FS; Cruisermaxx® Vibrance® Beans; website, which is accessible via [B–50–2019] Cruisermaxx® Vibrance® Pulses; www.trade.gov/ftz. ® ® ® For further information, contact Foreign-Trade Zone (FTZ) 154—Baton Cruiser Semillero; Cruiser Vibrance ® ® Christopher Wedderburn at Rouge, Louisiana; Notification of Quattro; Cruiser White; Cruiser White TM ® [email protected] or (202) Proposed Production Activity; 200; Cruisermaxx ; Cruisermaxx ® ® 482–1963. Syngenta Crop Protection, Inc. Rice; Cruisermaxx Vibrance (colored ® (Herbicides, Fungicides and and uncolored); Cruisermaxx Dated: August 7, 2019. ® ® Insecticides); Baton Rouge, Louisiana Vibrance Cereals; Cruisermaxx Elizabeth Whiteman, Vibrance® Potato; Cyantraniliprole; ® ® Acting Executive Secretary. Syngenta Crop Protection, Inc., DividendExtreme , Vibrance , and [FR Doc. 2019–17314 Filed 8–12–19; 8:45 am] (Syngenta) submitted a notification of Maxim® CB; Durivo®; Dynasty® 10FS BILLING CODE 3510–DS–P proposed production activity to the FTZ Semillero; Dynasty® 125 FS; Dynasty®; Board for its facilities in Baton Rouge, DynastyCST®; DynastyCST® Semillero; ® ® ® Louisiana. The notification conforming Eforia; Elatus ARC; Endigo ; Equity DEPARTMENT OF COMMERCE to the requirements of the regulations of VIP; First Defense SBR Custom Blend; the FTZ Board (15 CFR 400.22) was Fludioxinil Technical; Fortenza®; Foreign-Trade Zones Board received on August 2, 2019. Fortenza® 600 FS; Fortenza® Duo 48 FS; Syngenta already has authority to Fortenza® Duo 480 FS; Fortenza® [B–28–2019] produce crop protection products Semillero; Funobis; Gazare; Graduate Foreign-Trade Zone (FTZ) 38— including herbicides, fungicides, and A+®; Helix® Vibrance®; Influx® Quattro; ® ® Spartanburg County, South Carolina; insecticides within FTZ 154. The Instrata ; Lanxess AzoTech ; Lanxess Authorization of Production Activity; current request would add finished Sporgard WB®; Lirum 78 SC; Maxim® ® ® Michelin North America, Inc. (Tire products and foreign status materials/ 025 FS; Maxim 4 FS; Maxim D; Assemblies, Wheel Assemblies, Tire components to the scope of authority. Maxim® Quattro; Maxim® Quattro ® ® Pressure Monitoring Systems); Pursuant to 15 CFR 400.14(b), Semillero; Maxim SX; Maxim XL; Woodruff and Laurens, South Carolina additional FTZ authority would be MedallionTM; Medallion® SC; limited to the specific foreign-status Medallion® TL; Medallion® Turf; On April 8, 2019, Michelin North materials/components and specific Minecto® Pro; Miravis® Neo; Miravis® America, Inc., submitted a notification finished products described in the Prime; Optigard® Flex Liquid; of proposed production activity to the submitted notification (as described Optigard® TL, Platinum® 2 SC; FTZ Board for its facilities within below) and subsequently authorized by PlatinumTM; Plentrix®; Quadris®; Subzone 38L and Site 5 of FTZ 38, in the FTZ Board. Quadris® 50 WG; Quadris® Top; Quilt®; Woodruff and Laurens, South Carolina. Production under FTZ procedures Quilt® 200 SE; Quilt Xcel®; Scholar®; The notification was processed in could exempt Syngenta from customs Seed Shield® Beans; Seed Shield® accordance with the regulations of the duty payments on the foreign-status Cereals; Seed Shield® Cotton; Seed FTZ Board (15 CFR part 400), including

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notice in the Federal Register inviting Section 766.25 of the Regulations United States that is subject to the public comment (84 FR 19034, May 3, provides, in pertinent part, that the Regulations, including, but not limited 2019). On August 6, 2019, the applicant ‘‘Director of [BIS’s] Office of Exporter to: was notified of the FTZ Board’s decision Services, in consultation with the A. Applying for, obtaining, or using that no further review of the activity is Director of [BIS’s] Office of Export any license, license exception, or export warranted at this time. The production Enforcement, may deny the export control document; activity described in the notification privileges of any person who has been B. Carrying on negotiations was authorized, subject to the FTZ Act convicted of a violation of . . . section concerning, or ordering, buying, and the FTZ Board’s regulations, 38 of the Arms Export Control Act (22 receiving, using, selling, delivering, including Section 400.14. U.S.C. 2778).’’ 15 CFR 766.25(a). The storing, disposing of, forwarding, transporting, financing, or otherwise Dated: August 7, 2019. denial of export privileges under this provision may be for a period of up to servicing in any way, any transaction Elizabeth Whiteman, 10 years from the date of the conviction. involving any item exported or to be Acting Executive Secretary. 15 CFR 766.25(d).2 In addition, exported from the United States that is [FR Doc. 2019–17241 Filed 8–12–19; 8:45 am] pursuant to Section 750.8 of the subject to the Regulations, or engaging BILLING CODE 3510–DS–P Regulations, BIS’s Office of Exporter in any other activity subject to the Services may revoke any BIS-issued Regulations; or licenses in which the person had an C. Benefitting in any way from any DEPARTMENT OF COMMERCE interest at the time of his/her transaction involving any item exported conviction.3 or to be exported from the United States Bureau of Industry and Security BIS has received notice of De La that is subject to the Regulations, or Order Denying Export Privileges Rosa’s conviction for violating Section from any other activity subject to the 38 of the AECA, and has provided Regulations. In the Matter of: Juan Jesus De La Rosa, notice and an opportunity for De La Second, no person may, directly or Inmate Number: 83778–379, FCI Oakdale Rosa to make a written submission to indirectly, do any of the following: II, P.O. Box 5010, Oakdale, LA 71463 BIS, as provided in Section 766.25 of A. Export or reexport to or on behalf On August 28, 2018, in the U.S. the Regulations. BIS has not received a of the Denied Person any item subject to District Court for the Southern District submission from De La Rosa. the Regulations; of Texas, Juan Jesus De La Rosa (‘‘De La Based upon my review and B. Take any action that facilitates the Rosa’’) was convicted of violating consultations with BIS’s Office of acquisition or attempted acquisition by Section 38 of the Arms Export Control Export Enforcement, including its the Denied Person of the ownership, Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Director, and the facts available to BIS, possession, or control of any item De La Rosa was convicted of violating I have decided to deny De La Rosa’s subject to the Regulations that has been Section 38 of the AECA by knowingly export privileges under the Regulations or will be exported from the United and willfully aiding and abetting the for a period of 10 years from the date of States, including financing or other export and attempting to export from De La Rosa’s conviction. I have also support activities related to a the United States to Mexico decided to revoke all BIS-issued transaction whereby the Denied Person approximately 1,000 rounds of licenses in which De La Rosa had an acquires or attempts to acquire such 7.62x39mm ammunition, which were interest at the time of his conviction. ownership, possession or control; Accordingly, it is hereby ordered: C. Take any action to acquire from or designated as defense articles on the First, from the date of this Order until to facilitate the acquisition or attempted United States Munitions List, without August 28, 2028, Juan Jesus De La Rosa, acquisition from the Denied Person of the required U.S. Department of State with a last known address of Inmate any item subject to the Regulations that licenses. De La Rosa was sentenced to Number: 83778–379, FCI Oakdale II, has been exported from the United 27 months in prison, three years of P.O. Box 5010, Oakdale, LA 71463, and States; supervised release, and an assessment of when acting for or on his behalf, his D. Obtain from the Denied Person in $100. De La Rosa also was placed on the successors, assigns, employees, agents the United States any item subject to the U.S. Department of State Debarred List. or representatives (‘‘the Denied Regulations with knowledge or reason The Export Administration Person’’), may not, directly or indirectly, to know that the item will be, or is Regulations (‘‘EAR’’ or ‘‘Regulations’’) participate in any way in any intended to be, exported from the are administered and enforced by the transaction involving any commodity, United States; or U.S. Department of Commerce’s Bureau software or technology (hereinafter E. Engage in any transaction to service 1 of Industry and Security (‘‘BIS’’). collectively referred to as ‘‘item’’) any item subject to the Regulations that exported or to be exported from the has been or will be exported from the 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– United States and which is owned, 774 (2019). The Regulations originally issued under 1766 of ECRA repeals the provisions of the EAA possessed or controlled by the Denied the Export Administration Act of 1979, as amended, (except for three sections which are inapplicable Person, or service any item, of whatever 50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’), here), Section 1768 of ECRA provides, in pertinent origin, that is owned, possessed or which lapsed on August 21, 2001. The President, part, that all rules and regulations that were made through Executive Order 13,222 of August 17, 2001 or issued under the EAA, including as continued controlled by the Denied Person if such (3 CFR, 2001 Comp. 783 (2002)), which has been in effect pursuant to IEEPA, and were in effect as service involves the use of any item extended by successive Presidential Notices, the of ECRA’s date of enactment (August 13, 2018), subject to the Regulations that has been most recent being that of August 8, 2018 (83 FR shall continue in effect according to their terms or will be exported from the United 39,871 (Aug. 13, 2018)), continued the Regulations until modified, superseded, set aside, or revoked in full force and effect under the International through action undertaken pursuant to the authority States. For purposes of this paragraph, Emergency Economic Powers Act, 50 U.S.C. 1701, provided under ECRA. servicing means installation, et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the 2 See also Section 11(h) of the EAA, 50 U.S.C. maintenance, repair, modification or President signed into law the John S. McCain 4610(h) (Supp. III 2015); Sections 1760(e) and 1768 testing. National Defense Authorization Act for Fiscal Year of ECRA, Title XVII, Subtitle B of Public Law 115– 2019, which includes the Export Control Reform 232, 132 Stat. 2208, 2225 and 2233 (Aug. 13, 2018); Third, after notice and opportunity for Act of 2018, Title XVII, Subtitle B of Public Law and note 1, supra. comment as provided in Section 766.23 115–232, 132 Stat. 2208 (‘‘ECRA’’). While Section 3 See notes 1 and 2, supra. of the Regulations, any other person,

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firm, corporation, or business Section 766.25 of the Regulations Accordingly, it is hereby ordered: organization related to De La Rosa by provides, in pertinent part, that the First, from the date of this Order until ownership, control, position of ‘‘Director of [BIS’s] Office of Exporter May 23, 2025, Michael Shapovalov responsibility, affiliation, or other Services, in consultation with the a/k/a Mikhail Shapovalov, with a last connection in the conduct of trade or Director of [BIS’s] Office of Export known address of Inmate Number: business may also be made subject to Enforcement, may deny the export 25296–014, Moshannon Valley the provisions of this Order in order to privileges of any person who has been Correctional Institution, 555 Geo Drive, prevent evasion of this Order. convicted of a violation of . . . section Philipsburg, PA 16866, and when acting Fourth, in accordance with Part 756 of 38 of the Arms Export Control Act (22 for or on his behalf, his successors, the Regulations, De La Rosa may file an U.S.C. 2778).’’ 15 CFR 766.25(a). The assigns, employees, agents or appeal of this Order with the Under denial of export privileges under this representatives (‘‘the Denied Person’’), Secretary of Commerce for Industry and provision may be for a period of up to may not, directly or indirectly, Security. The appeal must be filed 10 years from the date of the conviction. participate in any way in any within 45 days from the date of this 15 CFR 766.25(d).2 In addition, transaction involving any commodity, Order and must comply with the pursuant to Section 750.8 of the software or technology (hereinafter provisions of Part 756 of the Regulations, BIS’s Office of Exporter collectively referred to as ‘‘item’’) Regulations. Services may revoke any BIS-issued exported or to be exported from the Fifth, a copy of this Order shall be licenses in which the person had an United States that is subject to the delivered to De La Rosa and shall be interest at the time of his/her Regulations, including, but not limited published in the Federal Register. conviction.3 to: Sixth, this Order is effective BIS has received notice of A. Applying for, obtaining, or using immediately and shall remain in effect Shapovalov’s conviction for violating any license, license exception, or export until August 28, 2028. Section 38 of the AECA, and has control document; Issued this day of August 5, 2019. provided notice and an opportunity for B. Carrying on negotiations Shapovalov to make a written Karen H. Nies-Vogel, concerning, or ordering, buying, submission to BIS, as provided in receiving, using, selling, delivering, Director, Office of Exporter Services. Section 766.25 of the Regulations. BIS [FR Doc. 2019–17334 Filed 8–12–19; 8:45 am] storing, disposing of, forwarding, has not received a submission from transporting, financing, or otherwise BILLING CODE P Shapovalov. servicing in any way, any transaction Based upon my review and involving any item exported or to be consultations with BIS’s Office of DEPARTMENT OF COMMERCE exported from the United States that is Export Enforcement, including its subject to the Regulations, or engaging Director, and the facts available to BIS, Bureau of Industry and Security in any other activity subject to the I have decided to deny Shapovalov’s Regulations; or Order Denying Export Privileges export privileges under the Regulations C. Benefitting in any way from any for a period of seven years from the date transaction involving any item exported In the Matter of: Michael Shapovalov, a/k/a of Shapovalov’s conviction. I have also or to be exported from the United States Mikhail Shapovalov, Inmate Number: decided to revoke all BIS-issued 25296–014, Moshannon Valley that is subject to the Regulations, or licenses in which Shapovalov had an from any other activity subject to the Correctional Institution, 555 Geo Drive, interest at the time of his conviction. Philipsburg, PA 16866. Regulations. Second, no person may, directly or On May 23, 2018, in the U.S. District 774 (2019). The Regulations originally issued under Court for the District of Connecticut, the Export Administration Act of 1979, as amended, indirectly, do any of the following: Michael Shapovalov a/k/a Mikhail 50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’), A. Export or reexport to or on behalf which lapsed on August 21, 2001. The President, Shapovalov (‘‘Shapovalov’’) was of the Denied Person any item subject to through Executive Order 13,222 of August 17, 2001 the Regulations; convicted of violating Section 38 of the (3 CFR, 2001 Comp. 783 (2002)), which has been Arms Export Control Act (22 U.S.C. extended by successive Presidential Notices, the B. Take any action that facilitates the 2778 (2012)) (‘‘AECA’’). Shapovalov was most recent being that of August 8, 2018 (83 FR acquisition or attempted acquisition by 39,871 (Aug. 13, 2018)), continued the Regulations convicted of violating Section 38 of the the Denied Person of the ownership, in full force and effect under the International possession, or control of any item AECA by knowingly and willfully Emergency Economic Powers Act, 50 U.S.C. 1701, exporting and causing to be exported, et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the subject to the Regulations that has been from the United States to Latvia, a barrel President signed into law the John S. McCain or will be exported from the United National Defense Authorization Act for Fiscal Year and breech casing for a Glock carbine States, including financing or other 2019, which includes the Export Control Reform support activities related to a pistol with markings ‘‘G17 19123 mech- Act of 2018, Title XVII, Subtitle B of Public Law tech made in USA,’’ items designated as 115–232, 132 Stat. 2208 (‘‘ECRA’’). While Section transaction whereby the Denied Person defense articles on the United States 1766 of ECRA repeals the provisions of the EAA acquires or attempts to acquire such (except for three sections which are inapplicable Munitions List, without the required ownership, possession or control; here), Section 1768 of ECRA provides, in pertinent C. Take any action to acquire from or U.S. Department of State licenses. part, that all rules and regulations that were made Shapovalov was sentenced to 34 months or issued under the EAA, including as continued to facilitate the acquisition or attempted in prison, three years of supervised in effect pursuant to IEEPA, and were in effect as acquisition from the Denied Person of of ECRA’s date of enactment (August 13, 2018), release, and an assessment of $100. any item subject to the Regulations that shall continue in effect according to their terms has been exported from the United The Export Administration until modified, superseded, set aside, or revoked Regulations (‘‘EAR’’ or ‘‘Regulations’’) through action undertaken pursuant to the authority States; are administered and enforced by the provided under ECRA. D. Obtain from the Denied Person in 2 See also Section 11(h) of the EAA, 50 U.S.C. the United States any item subject to the U.S. Department of Commerce’s Bureau 4610(h) (Supp. III 2015); Sections 1760(e) and 1768 1 Regulations with knowledge or reason of Industry and Security (‘‘BIS’’). of ECRA, Title XVII, Subtitle B of Public Law 115– 232, 132 Stat. 2208, 2225 and 2233 (Aug. 13, 2018); to know that the item will be, or is 1 The Regulations are currently codified in the and note 1, supra. intended to be, exported from the Code of Federal Regulations at 15 CFR parts 730– 3 See notes 1 and 2, supra. United States; or

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E. Engage in any transaction to service U.S.C 1701, et seq. (2012)) (‘‘IEEPA’’). BIS has received notice of Chen’s any item subject to the Regulations that Specifically, Chen was convicted of conviction for violating IEEPA, and has has been or will be exported from the knowingly and willfully conspiring and provided notice and an opportunity for United States and which is owned, agreeing to export space Chen to make a written submission to possessed or controlled by the Denied communications technology from the BIS, as provided in Section 766.25 of Person, or service any item, of whatever United States to Hong Kong without the the Regulations. BIS has not received a origin, that is owned, possessed or required U.S. Department of Commerce submission from Chen. controlled by the Denied Person if such licenses and without filing Electronic Based upon my review and service involves the use of any item Export Information through the consultations with BIS’s Office of subject to the Regulations that has been Automated Export System. Chen was Export Enforcement, including its or will be exported from the United sentenced to 46 months in prison, three Director, and the facts available to BIS, States. For purposes of this paragraph, years of supervised release and a $300 I have decided to deny Chen’s export servicing means installation, special assessment. privileges under the Regulations for a maintenance, repair, modification or The Export Administration period of 10 years from the date of testing. Regulations (‘‘EAR’’ or ‘‘Regulations’’) Chen’s conviction. I have also decided Third, after notice and opportunity for are administered and enforced by the to revoke all BIS-issued licenses in comment as provided in Section 766.23 U.S. Department of Commerce’s Bureau which Chen had an interest at the time of the Regulations, any other person, of Industry and Security (‘‘BIS’’).1 of her conviction. firm, corporation, or business Section 766.25 of the Regulations Accordingly, it is hereby ordered: organization related to Shapovalov by provides, in pertinent part, that the First, from the date of this Order until ownership, control, position of ‘‘Director of [BIS’s] Office of Exporter October 10, 2028, Si Chen, a/k/a Cathy responsibility, affiliation, or other Services, in consultation with the Chen, a/k/a Celia Chen, a/k/a Cecelia connection in the conduct of trade or Director of [BIS’s] Office of Export Chen, and a/k/a Chunping Ji, currently business may also be made subject to Enforcement, may deny the export incarcerated at: Inmate Number: 74884– the provisions of this Order in order to privileges of any person who has been 112, FMC Carswell, Federal Medical prevent evasion of this Order. convicted of a violation of . . . the Center, P.O. Box 27137, Fort Worth, TX Fourth, in accordance with Part 756 of International Emergency Economic 76127, and with a prior known address the Regulations, Shapovalov may file an Powers Act (50 U.S.C 1701–1706).’’ 15 of 61 Hunter Point Road, Pomona, CA appeal of this Order with the Under CFR 766.25(a). The denial of export 91766, and when acting for or on her Secretary of Commerce for Industry and privileges under this provision may be behalf, her successors, assigns, Security. The appeal must be filed for a period of up to 10 years from the employees, agents or representatives within 45 days from the date of this date of the conviction. 15 CFR (‘‘the Denied Person’’), may not, directly Order and must comply with the 766.25(d).2 In addition, pursuant to or indirectly, participate in any way in provisions of Part 756 of the Section 750.8 of the Regulations, BIS’s any transaction involving any Regulations. Office of Exporter Services may revoke commodity, software or technology Fifth, a copy of this Order shall be any BIS-issued licenses in which the (hereinafter collectively referred to as delivered to Shapovalov and shall be person had an interest at the time of his/ ‘‘item’’) exported or to be exported from published in the Federal Register. her conviction.3 the United States that is subject to the Sixth, this Order is effective Regulations, including, but not limited immediately and shall remain in effect 1 The Regulations are currently codified in the to: until May 23, 2025. Code of Federal Regulations at 15 CFR parts 730– A. Applying for, obtaining, or using 774 (2019). The Regulations originally issued under any license, license exception, or export Issued this day of August 5, 2019. the Export Administration Act of 1979, as amended, control document; Karen H. Nies-Vogel, 50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’), B. Carrying on negotiations Director, Office of Exporter Services. which lapsed on August 21, 2001. The President, through Executive Order 13,222 of August 17, 2001 concerning, or ordering, buying, [FR Doc. 2019–17325 Filed 8–12–19; 8:45 am] (3 CFR, 2001 Comp. 783 (2002)), which has been receiving, using, selling, delivering, BILLING CODE P extended by successive Presidential Notices, the storing, disposing of, forwarding, most recent being that of August 8, 2018 (83 FR transporting, financing, or otherwise 39,871 (Aug. 13, 2018)), continued the Regulations in full force and effect under the International servicing in any way, any transaction DEPARTMENT OF COMMERCE Emergency Economic Powers Act, 50 U.S.C. 1701, involving any item exported or to be et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the exported from the United States that is Bureau of Industry and Security President signed into law the John S. McCain subject to the Regulations, or engaging National Defense Authorization Act for Fiscal Year Order Denying Export Privileges 2019, which includes the Export Control Reform in any other activity subject to the Act of 2018, Title XVII, Subtitle B of Public Law Regulations; or In the Matter of: Si Chen, a/k/a Cathy Chen, 115–232, 132 Stat. 2208 (‘‘ECRA’’). While Section C. Benefitting in any way from any a/k/a Celia Chen, a/k/a Cecelia Chen, a/k/ 1766 of ECRA repeals the provisions of the EAA transaction involving any item exported a Chunping Ji currently incarcerated at: (except for three sections which are inapplicable here), Section 1768 of ECRA provides, in pertinent or to be exported from the United States Inmate Number: 74884–112, FMC part, that all rules and regulations that were made that is subject to the Regulations, or Carswell, Federal Medical Center, P.O. Box or issued under the EAA, including as continued from any other activity subject to the 27137, Fort Worth, TX 76127, and with a in effect pursuant to IEEPA, and were in effect as Regulations. prior known address at: 61 Hunter Point of ECRA’s date of enactment (August 13, 2018), Second, no person may, directly or Road, Pomona, CA 91766. shall continue in effect according to their terms until modified, superseded, set aside, or revoked indirectly, do any of the following: On October 10, 2018, in the U.S. through action undertaken pursuant to the authority A. Export or reexport to or on behalf District Court for the Central District of provided under ECRA. of the Denied Person any item subject to California, Si Chen, a/k/a Cathy Chen, a/ 2 See also Section 11(h) of the EAA, 50 U.S.C. the Regulations; k/a Celia Chen, a/k/a Cecelia Chen, and 4610(h) (Supp. III 2015); Sections 1760(e) and 1768 B. Take any action that facilitates the of ECRA, Title XVII, Subtitle B of Public Law 115– a/k/a Chunping Ji (‘‘Chen’’) was 232, 132 Stat. 2208, 2225 and 2233 (Aug. 13, 2018); acquisition or attempted acquisition by convicted of violating the International and note 1, supra. the Denied Person of the ownership, Emergency Economic Powers Act (50 3 See notes 1 and 2, supra. possession, or control of any item

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subject to the Regulations that has been DEPARTMENT OF COMMERCE The Preliminary Decision Memorandum or will be exported from the United is a public document and is on file States, including financing or other International Trade Administration electronically via Enforcement and support activities related to a [A–469–815] Compliance’s AD and Countervailing transaction whereby the Denied Person Duty Centralized Electronic Service acquires or attempts to acquire such Finished Carbon Steel Flanges From System (ACCESS). ACCESS is available ownership, possession or control; Spain: Preliminary Results of to registered users at https:// C. Take any action to acquire from or Antidumping Duty Administrative access.trade.gov, and to all parties in the to facilitate the acquisition or attempted Review; 2017–2018 Central Records Unit, Room B8024 of the main Commerce building. In acquisition from the Denied Person of AGENCY: Enforcement and Compliance, any item subject to the Regulations that International Trade Administration, addition, a complete version of the has been exported from the United Department of Commerce. Preliminary Decision Memorandum can States; be accessed directly on the internet at SUMMARY: The Department of Commerce http://enforcement.trade.gov/frn/. The D. Obtain from the Denied Person in (Commerce) preliminarily determines signed and the electronic versions of the the United States any item subject to the that producers or exporters of finished Regulations with knowledge or reason carbon steel flanges (flanges) from Spain Preliminary Decision Memorandum are to know that the item will be, or is subject to this review made sales of identical in content. A list of topics intended to be, exported from the subject merchandise at less than normal included in the Preliminary Decision United States; or value during the period of review (POR) Memorandum is included as the appendix to this notice. E. Engage in any transaction to service February 8, 2017 through May 31, 2018. any item subject to the Regulations that We invite interested parties to comment Commerce exercised its discretion to has been or will be exported from the on these preliminary results. toll all deadlines affected by the partial United States and which is owned, DATES: Applicable August 13, 2019. federal government closure from possessed or controlled by the Denied FOR FURTHER INFORMATION CONTACT: December 22, 2018 through the Person, or service any item, of whatever Mark Flessner, AD/CVD Operations, resumption of operations on January 29, origin, that is owned, possessed or Office VI, Enforcement and Compliance, 2019.6 If the new deadline falls on a controlled by the Denied Person if such International Trade Administration, non-business day, in accordance with service involves the use of any item U.S. Department of Commerce, 1401 Commerce’s practice, the deadline will subject to the Regulations that has been Constitution Avenue NW, Washington, become the next business day. On or will be exported from the United DC 20230; telephone: (202) 482–6312. March 15, 2019, we extended the States. For purposes of this paragraph, SUPPLEMENTARY INFORMATION: deadline for the preliminary results by servicing means installation, 120 days.7 The revised deadline for maintenance, repair, modification or Background these preliminary results is now August testing. On June 14, 2017, we published in the 9, 2019. Third, after notice and opportunity for Federal Register an antidumping duty 1 Scope of the Order comment as provided in Section 766.23 (AD) order on flanges from Spain. On of the Regulations, any other person, June 1, 2018, we published a notice of The scope of the Order covers firm, corporation, or business opportunity to request an administrative finished carbon steel flanges. Finished 2 organization related to Chen by review of the Order. Based on timely carbon steel flanges are currently ownership, control, position of requests for administrative review, we classified under subheadings responsibility, affiliation, or other initiated an administrative review of six 7307.91.5010 and 7307.91.5050 of the connection in the conduct of trade or companies: (1) ULMA Forja, S.Coop Harmonized Tariff Schedule of the business may also be made subject to (ULMA); (2) Grupo Cunado; (3) United States (HTSUS). They may also the provisions of this Order in order to Tubacero, S.L.; (4) Ateaciones De be entered under HTSUS subheadings prevent evasion of this Order. Metales Sinterizados S.A.; (5) 7307.91.5030 and 7307.91.5070. The Transglory S.A.; and (6) Central Y HTSUS subheadings are provided for Fourth, in accordance with Part 756 of Almacenes.3 On September 25, 2018, we the Regulations, Chen may file an convenience and customs purposes; the selected ULMA as the sole mandatory written description of the scope is appeal of this Order with the Under 4 respondent in this review. For a dispositive. A full description of the Secretary of Commerce for Industry and complete description of the events that Security. The appeal must be filed scope of the Order is contained in the followed the initiation of this Preliminary Decision Memorandum. within 45 days from the date of this administrative review, see the Order and must comply with the Preliminary Decision Memorandum.5 provisions of Part 756 of the Preliminary Results of Antidumping Duty Administrative Review; 2017–2018,’’ dated Regulations. 1 See Finished Carbon Steel Flanges from Spain: concurrently with, and hereby adopted by, this Fifth, a copy of this Order shall be Antidumping Duty Order, 82 FR 27229 (June 14, notice (Preliminary Decision Memorandum). 2017) (Order). delivered to Chen and shall be 6 See Memorandum to the Record from Gary 2 See Antidumping or Countervailing Duty Order, Taverman, Deputy Assistant Secretary for published in the Federal Register. Finding, or Suspended Investigation; Opportunity Antidumping and Countervailing Duty Operations, Sixth, this Order is effective to Request Administrative Review, 83 FR 25429 performing the non-exclusive functions and duties (June 1, 2018). immediately and shall remain in effect of the Assistant Secretary for Enforcement and 3 See Initiation of Antidumping and Compliance, ‘‘Deadlines Affected by the Partial until October 10, 2028. Countervailing Duty Administrative Reviews, 83 FR Shutdown of the Federal Government,’’ dated Issued this day of August 5, 2019. 39688 (August 10, 2018). January 28, 2019. All deadlines in this segment of 4 See Memorandum, ‘‘Selection of Respondents the proceeding have been extended by 40 days. Karen H. Nies-Vogel, for the 2017–2018 Administrative Review of the 7 See Memorandum, ‘‘Finished Carbon Steel Director, Office of Exporter Services. Antidumping Duty Order on Finished Carbon Steel Flanges from Spain: Extension of Time Limit for Flanges from Spain,’’ dated September 25, 2018. Preliminary Results of Antidumping Duty [FR Doc. 2019–17320 Filed 8–12–19; 8:45 am] 5 See Memorandum, ‘‘Finished Carbon Steel Administrative Review, 2017–2018,’’ dated March BILLING CODE 3510–33–P Flanges from Spain: Decision Memorandum for 15, 2019.

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Methodology preliminary results of review.8 Rebuttal we will instruct CBP not to assess duties briefs may be filed no later than five on any of its entries in accordance with Commerce conducted this review in days after case briefs are due and may the Final Modification for Reviews.14 accordance with section 751 of the respond only to arguments raised in the The final results of this administrative Tariff Act of 1930, as amended (the Act). case briefs.9 Parties who submit case review shall be the basis for the Export price is calculated in accordance briefs or rebuttal briefs in this assessment of antidumping duties on with section 772 of the Act. Normal proceeding are encouraged to submit entries of merchandise under review value is calculated in accordance with with each argument: (1) A statement of and for future deposits of estimated section 773 of the Act. For a full the issue, (2) a brief summary of the duties, where applicable. description of the methodology argument, and (3) a table of For entries of subject merchandise underlying these preliminary results, authorities.10 during the POR produced by ULMA for see the Preliminary Decision Pursuant to 19 CFR 351.310(c), which it did not know its merchandise Memorandum. interested parties who wish to request a was destined for the United States, we Preliminary Results of Administrative hearing must submit a written request to will instruct CBP to liquidate Review the Assistant Secretary for Enforcement unreviewed entries at the all-others rate and Compliance, filed electronically via if there is no rate for the intermediate We preliminarily determine that the ACCESS. An electronically filed company(ies) involved in the following weighted-average dumping document must be received successfully transaction. margins exist for the period February 8, in its entirety by Commerce’s electronic We intend to issue liquidation 2017 through May 31, 2018: records system, ACCESS, by 5:00 p.m. instructions to CBP 15 days after Eastern Time within 30 days after the publication of the final results of this Weighted- date of publication of this notice.11 review. average Requests should contain: (1) The party’s Exporter/manufacturer dumping Cash Deposit Requirements margin name, address and telephone number; (percent) (2) the number of participants; and (3) The following deposit requirements a list of issues to be discussed. Issues for estimated antidumping duties will ULMA Forja, S.Coop ...... 4.40 raised in the hearing will be limited to be effective upon publication of the Grupo Cunado ...... 4.40 those raised in the respective case notice of final results of this review for Tubacero, S.L ...... 4.40 briefs. all shipments of flanges from Spain Ateaciones De Metales Unless otherwise extended, entered, or withdrawn from warehouse, Sinterizados S.A ...... 4.40 Commerce intends to issue the final for consumption on or after the date of Transglory S.A ...... 4.40 results of this administrative review, Central Y Almacenes ...... 4.40 publication as provided by section which will include the results of its 751(a)(2) of the Act: (1) The cash deposit analysis of issues raised in any briefs, rate for the companies under review, All-Others Rate within 120 days of publication of these will be the rate established in the final For the rate for non-selected preliminary results of review, pursuant results of the review (except, if the rate respondents in an administrative to section 751(a)(3)(A) of the Act. is zero or de minimis, no cash deposit review, generally, Commerce looks to Assessment Rate will be required); (2) for merchandise section 735(c)(5) of the Act, which exported by producers or exporters not Upon issuing the final results, provides instructions for calculating the covered in this review but covered in a Commerce will determine, and U.S. all-others rate in a market economy prior segment of the proceeding, the Customs and Border Protection (CBP) investigation. Under section cash deposit rate will continue to be the shall assess, antidumping duties on all 735(c)(5)(A) of the Act, the all-others company-specific rate published for the appropriate entries covered by this rate is normally ‘‘an amount equal to the most recent period; (3) if the exporter is review.12 If the respondent’s weighted- weighted-average of the estimated not a firm covered in this review, a prior average dumping margin is above de weighted-average dumping margins review, or the original investigation but minimis (i.e., 0.50 percent) in the final the producer is, the cash deposit rate established for exporters and producers results of this review, we intend to individually investigated, excluding any will be the rate established for the most calculate an importer-specific recent period for the producer of the zero or de minimis margins, and any assessment rate on the basis of the ratio margins determined entirely {on the merchandise; (4) the cash deposit rate } of the total amount of antidumping for all other producers or exporters will basis of facts available .’’ In this duties calculated for the importer’s continue to be 18.81 percent,15 the all- segment of the proceeding, we examined sales and the total entered others rate established in the less-than- calculated a margin for ULMA that was value of the sales in accordance with 19 fair-value investigation. not zero, de minimis, or based on facts CFR 351.212(b)(1).13 If the respondent’s available. Accordingly, we have These cash deposit requirements, weighted-average dumping margin is when imposed, shall remain in effect preliminarily applied the margin zero or de minimis in the final results, calculated for ULMA to the non- until further notice. individually examined respondents. 8 See 19 CFR 351.309(c)(ii). Notification to Importers Disclosure and Public Comment 9 See 19 CFR 351.309(d). This notice serves as a preliminary 10 See 19 CFR 351.309(c)(2) and (d)(2). reminder to importers of their 11 See 19 CFR 351.310(c). We intend to disclose the calculations responsibility under 19 CFR performed for these preliminary results 12 See 19 CFR 351.212(b)(1). 13 351.402(f)(2) to file a certificate to the parties within five days after In these preliminary results, Commerce applied the assessment rate calculation method adopted in regarding the reimbursement of public announcement of the preliminary Antidumping Proceedings: Calculation of the antidumping duties prior to liquidation results in accordance with 19 CFR Weighted-Average Dumping Margin and of the relevant entries during this POR. 351.224(b). Interested parties may Assessment Rate in Certain Antidumping Duty submit case briefs no later than 30 days Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 14 Id., 77 FR at 8102. after the date of publication of these Reviews). 15 See Order, 82 FR 27229.

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Failure to comply with this requirement parties are invited to comment on these its knowledge, was any subject could result in Commerce’s preliminary results. merchandise it produced shipped or presumption that reimbursement of DATES: August 13, 2019. sold to the United States during the POR 7 antidumping duties occurred and the FOR FURTHER INFORMATION CONTACT: by any other company. On July 2, 2019, subsequent assessment of double Charlotte Baskin-Gerwitz and Andrew we transmitted a ‘‘No-Shipment antidumping duties. Huston AD/CVD Operations, Office VII, Inquiry’’ to U.S. Customs and Border Protection (CBP) regarding GVN, to Administrative Protective Orders Enforcement and Compliance, International Trade Administration, which CBP responded that there were This notice also serves as a reminder U.S. Department of Commerce, 1401 no entries of subject merchandise to parties subject to administrative Constitution Avenue NW, Washington, involving GVN as the producer or protective order (APO) of their DC 20230; telephone: (202) 482–4880 or exporter.8 responsibility concerning the (202) 482–4261, respectively. On July 2, 2019, Commerce exercised disposition of proprietary information its discretion to extend the deadline for SUPPLEMENTARY INFORMATION: disclosed under APO in accordance these preliminary results until August with 19 CFR 351.305(a)(3). Timely Background 23, 2019.9 written notification of the return or In response to Commerce’s notice of Scope of the Order destruction of APO materials or opportunity to request an administrative The merchandise covered by the order conversion to judicial protective order is review on OCTG from India,1 United is certain oil country tubular goods hereby requested. Failure to comply States Steel Corporation, Maverick Tube (OCTG), which are hollow steel with the regulations and the terms of an Corporation, Tenaris Bay City, Inc, TMK products of circular cross-section, APO is a sanctionable violation. IPSCO, Vallourec Star, L.P., and Welded including oil well casing and tubing, of Tube USA (domestic interested parties) Notification to Interested Parties iron (other than cast iron) or steel (both timely requested an administrative carbon and alloy), whether seamless or Commerce is issuing and publishing review with respect to GVN.2 welded, regardless of end finish (e.g., these results in accordance with Subsequently, on October 15, 2018, whether or not plain end, threaded, or sections 751(a)(1) and 777(i) of the Act Commerce received a letter from GVN threaded and coupled) whether or not and 19 CFR 351.221(b)(4). commenting that subject merchandise conforming to American Petroleum Dated: August 7, 2019. produced and exported by GVN was Institute (API) or non-API Jeffrey I. Kessler, outside of the scope of antidumping specifications, whether finished order and should not be subject to Assistant Secretary for Enforcement and (including limited service OCTG Compliance. administrative review.3 On November products) or unfinished (including 15, 2018, Commerce published in the Appendix green tubes and limited service OCTG Federal Register a notice of initiation of products), whether or not thread List of Topics Discussed in the Preliminary an administrative review of the protectors are attached. The scope of the Decision Memorandum antidumping duty order on OCTG from 4 order also covers OCTG coupling stock. I. Summary India covering one company, GVN. Excluded from the scope of the order II. Background Thereafter, Commerce clarified that the III. Scope of the Order are: casing or tubing containing 10.5 administrative review excludes OCTG percent or more by weight of chromium; IV. Discussion of the Methodology from India ‘‘both produced and V. Recommendation drill pipe; unattached couplings; and exported’’ by GVN.5 In May and June [FR Doc. 2019–17328 Filed 8–12–19; 8:45 am] unattached thread protectors. 2019, Commerce requested clarification The merchandise subject to the order BILLING CODE 3510–DS–P from GVN regarding whether it was is currently classified in the responsible for the production, sale, or Harmonized Tariff Schedule of the shipment of subject merchandise during United States (HTSUS) under item DEPARTMENT OF COMMERCE 6 the POR. On July 1, 2019, GVN numbers: 7304.29.10.10, 7304.29.10.20, International Trade Administration reported that it did not sell or export the 7304.29.10.30, 7304.29.10.40, subject merchandise to the United 7304.29.10.50, 7304.29.10.60, [A–533–857] States during the POR that was 7304.29.10.80, 7304.29.20.10, produced by any other company, nor, to Oil Country Tubular Goods From India: 7304.29.20.20, 7304.29.20.30, Preliminary No Shipments 7304.29.20.40, 7304.29.20.50, 1 See Antidumping or Countervailing Duty Order, 7304.29.20.60, 7304.29.20.80, Determination of Antidumping Duty Finding, or Suspended Investigation; Opportunity Administrative Review; 2017–2018 To Request Administrative Review, 83 FR 45888, 7304.29.31.10, 7304.29.31.20, 45889 (September 11, 2018). 7304.29.31.30, 7304.29.31.40, AGENCY: Enforcement and Compliance, 2 See Domestic Interested Parties’ Letter, ‘‘Oil 7304.29.31.50, 7304.29.31.60, International Trade Administration, Country Tubular Goods from India: Request for 7304.29.31.80, 7304.29.41.10, Department of Commerce. Administrative Review,’’ dated September 28, 2018. 7304.29.41.20, 7304.29.41.30, 3 See GVN’s Letter, ‘‘Oil Country Tubular Goods SUMMARY: The Department of Commerce from India: Comment on petitioner’s review 7304.29.41.40, 7304.29.41.50, (Commerce) is conducting an request,’’ dated October 15, 2018. administrative review of the 4 See Initiation of Antidumping and 7 See GVN’s Letter, ‘‘Oil Country Tubular Goods antidumping duty order on oil country Countervailing Duty Administrative Reviews, 83 FR from India: Reply to Department’s letter of June 26, tubular goods (OCTG) from India. The 57411 (November 15, 2018). 2019 on Antidumping administrative review of Oil 5 See Initiation Notice of Antidumping and Country Tubular Goods (OCTG) from India,’’ dated period of review (POR) is September 1, Countervailing Duty Administrative Reviews, 84 FR July 1, 2019. 2017 through August 31, 2018. The 9297, 9307 n.5 (March 14, 2019) (emphasis added). 8 See CBP’s Letter, ‘‘Certain oil country tubular review covers one producer/exporter of 6 See Commerce’s Letter, ‘‘Certain Oil Country goods from India (A–533–857),’’ dated July 8, 2019 the subject merchandise, GVN Fuels, Tubular Goods (OCTG) from India: Administrative (CBP Letter). Review Request,’’ dated May 20, 2019; see also 9 See Memorandum, ‘‘Oil Country Tubular Goods Ltd. (GVN). We preliminarily determine Commerce’s Letter, ‘‘Certain Oil Country Tubular from India: Extension of Deadline for Preliminary that GVN had no shipments of subject Goods from India: Administrative Review,’’ dated Results of Antidumping Duty Administrative merchandise during the POR. Interested June 26, 2019. Review,’’ dated July 2, 2019.

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7304.29.41.60, 7304.29.41.80, case briefs.13 Parties who submit case or involved in the transaction. Further, 7304.29.50.15, 7304.29.50.30, rebuttal briefs in this proceeding are instead of rescinding the review with 7304.29.50.45, 7304.29.50.60, encouraged to submit with each respect to GVN, we find it appropriate 7304.29.50.75, 7304.29.61.15, argument: (1) A statement of the issue; to complete the review and issue 7304.29.61.30, 7304.29.61.45, (2) a brief summary of the argument; liquidation instruction to CBP 7304.29.61.60, 7304.29.61.75, and (3) a table of authorities.14 concerning entries for GVN following 7305.20.20.00, 7305.20.40.00, Pursuant to 19 CFR 351.310(c), issuance of the final results of review. 7305.20.60.00, 7305.20.80.00, interested parties who wish to request a If we continue to find that GVN had no 7306.29.10.30, 7306.29.10.90, hearing, or to participate if one is shipments of subject merchandise in the 7306.29.20.00, 7306.29.31.00, requested, must submit a written final results, we will instruct CBP to 7306.29.41.00, 7306.29.60.10, request to the Assistant Secretary for liquidate any existing entries of 7306.29.60.50, 7306.29.81.10, and Enforcement and Compliance, U.S. merchandise produced by GVN, but 7306.29.81.50. Department of Commerce using exported by other parties, at the rate for The merchandise subject to the order Enforcement and Compliance’s ACCESS the intermediate reseller, if available, or may also enter under the following system within 30 days after the date of at the all-others rate.18 HTSUS item numbers: 7304.39.00.24, publication of this notice.15 Requests We intend to issue instructions to 7304.39.00.28, 7304.39.00.32, should contain: (1) The party’s name, CBP 15 days after the publication date 7304.39.00.36, 7304.39.00.40, address, and telephone number; (2) the of the final results of this review. 7304.39.00.44, 7304.39.00.48, number of participants; and (3) a list of Cash Deposit Requirements 7304.39.00.52, 7304.39.00.56, issues to be discussed. Issues raised in 7304.39.00.62, 7304.39.00.68, the hearing will be limited to those If the final results of review continue 7304.39.00.72, 7304.39.00.76, raised in the respective case and to find that GVN had no shipments 7304.39.00.80, 7304.59.60.00, rebuttal briefs. If a request for a hearing during the POR, there will be no change 7304.59.80.15, 7304.59.80.20, is made, Commerce intends to hold the to the existing cash deposit 7304.59.80.25, 7304.59.80.30, hearing at the U.S. Department of requirements. Commerce, 1401 Constitution Avenue 7304.59.80.35, 7304.59.80.40, Notification to Importers 7304.59.80.45, 7304.59.80.50, NW, Washington, DC 20230, at a time 7304.59.80.55, 7304.59.80.60, and date to be determined. Parties This notice also serves as a 7304.59.80.65, 7304.59.80.70, should confirm by telephone the date, preliminary reminder to importers of 7304.59.80.80, 7305.31.40.00, time, and location of the hearing two their responsibility under 19 CFR 7305.31.60.90, 7306.30.50.55, days before the scheduled date. 351.402(f)(2) to file a certificate 7306.30.50.90, 7306.50.50.50, and All submissions must be filed regarding the reimbursement of electronically using ACCESS and served antidumping duties prior to liquidation 7306.50.50.70. 16 The HTSUS subheadings above are on interested parties. An of the relevant entries during this provided for convenience and customs electronically-filed document must be review period. Failure to comply with purposes only. The written description received successfully in its entirety by this requirement could result in of the scope of the order is dispositive. ACCESS by 5:00 p.m. Eastern Standard Commerce’s presumption that Time on the date that the document is reimbursement of antidumping duties Preliminary Determination of No due. occurred and the subsequent assessment Shipments Unless the deadline is extended, of double antidumping duties. Based on record evidence, we Commerce intends to issue the final Notification to Interested Parties preliminarily determine that GVN had results of this administrative review, no shipments of subject merchandise including the results of its analysis of We are issuing and publishing these during the POR. Specifically, CBP the issues raised in any written briefs, results in accordance with sections indicated that it found no shipments by not later than 120 days after the date of 751(a)(1) and 777(i) of the Act. 10 publication of this notice, pursuant to GVN during the POR. Consistent with Dated: August 7, 2019. Commerce’s practice, we find that it is section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act). Jeffrey I. Kessler, not appropriate to rescind the review Assistant Secretary for Enforcement and with respect to GVN but, rather, to Assessment Rates Compliance. complete the review and issue Commerce clarified its ‘‘automatic [FR Doc. 2019–17310 Filed 8–12–19; 8:45 am] appropriate instructions to CBP based assessment’’ regulation on May 6, BILLING CODE 3510–DS–P on the final results of this review.11 2003.17 This clarification will apply to Public Comment entries of subject merchandise during DEPARTMENT OF COMMERCE Interested parties may submit case the POR produced by GVN for which briefs no later than 30 days after the this company did not know that the merchandise was destined for the National Oceanic and Atmospheric date of publication of this notice.12 Administration Rebuttal briefs, limited to issues raised United States. In such instances, we will in the case briefs, may be filed not later instruct CBP to liquidate unreviewed RIN 0648–XV024 than five days after the date for filing entries at the all-others rate if there is no rate for the intermediate company(ies) Fisheries of the Gulf of Mexico and 10 See CBP Letter. South Atlantic; Southeast Data, 13 11 See, e.g., Magnesium Metal From the Russian See 19 CFR 351.309(d). Assessment, and Review (SEDAR); Federation: Preliminary Results of Antidumping 14 See 19 CFR 351.309(c)(2) and (d)(2). Public Meeting Duty Administrative Review, 75 FR 26922, 26923 15 See 19 CFR 351.310(c). (May 13, 2010), unchanged in Magnesium Metal 16 See 19 CFR 351.303(f). AGENCY: National Marine Fisheries From the Russian Federation: Final Results of 17 For a full discussion of this clarification, see Service (NMFS), National Oceanic and Antidumping Duty Administrative Review, 75 FR Antidumping and Countervailing Duty Proceedings: 56989 (September 17, 2010). Assessment of Antidumping Duties, 68 FR 23954 12 See 19 CFR 351.309(c)(1)(ii). (May 6, 2003). 18 Id.

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Atmospheric Administration (NOAA), Fisheries Southeast Regional Office, Atmospheric Administration (NOAA), Commerce. HMS Management Division, and Commerce. ACTION: Notice of SEDAR 68 Stock Southeast Fisheries Science Center. ACTION: Notice; public meeting. Identification (ID) webinar II for Gulf of Participants include data collectors and Mexico and Atlantic scamp. database managers; stock assessment SUMMARY: The New England Fishery scientists, biologists, and researchers; Management Council (Council) is SUMMARY: The SEDAR 68 assessment of constituency representatives including scheduling a public meeting of its Gulf of Mexico and Atlantic scamp will fishermen, environmentalists, and Management Strategy Evaluation (MSE) consist of a Data workshop, a series of NGO’s; International experts; and staff Steering Committee to consider actions assessment webinars, and a Review of Councils, Commissions, and state and affecting New England fisheries in the workshop. See SUPPLEMENTARY federal agencies. exclusive economic zone (EEZ). INFORMATION. The items of discussion in the Stock Recommendations from this group will DATES: The SEDAR 68 Stock ID webinar ID webinars are as follows: be brought to the full Council for formal II will be held on Tuesday, September 1. Participants will use review genetic consideration and action, if appropriate. 3, 2019, from 11 a.m. to 1 p.m., Eastern studies, growth patterns, existing stock DATES: This meeting will be held on Standard Time. definitions, prior SEDAR stock ID Wednesday, September 4, 2019 at 9:30 ADDRESSES: The meeting will be held recommendations, and any other a.m. via webinar. The webinar is open to relevant information on scamp stock ADDRESSES: members of the public. Those interested structure. Meeting address: The meeting will be in participating should contact Julie A. 2. Participants will make held at the Hyatt Place, 50 Forbes Road, Neer at SEDAR (see FOR FURTHER recommendations on biological stock Braintree, MA 02184; telephone: (781) INFORMATION CONTACT) to request an structure and define the unit stock or 848–0600. invitation providing webinar access stocks to be addressed through this Council address: New England information. Please request webinar assessment. Fishery Management Council, 50 Water Although non-emergency issues not invitations at least 24 hours in advance Street, Mill 2, Newburyport, MA 01950. of each webinar. contained in this agenda may come before this group for discussion, those FOR FURTHER INFORMATION CONTACT: SEDAR address: 4055 Faber Place Thomas A. Nies, Executive Director, Drive, Suite 201, North Charleston, SC issues may not be the subject of formal action during this meeting. Action will New England Fishery Management 29405. Council; telephone: (978) 465–0492. FOR FURTHER INFORMATION CONTACT: be restricted to those issues specifically Julie SUPPLEMENTARY INFORMATION: A. Neer, SEDAR Coordinator; (843) 571– identified in this notice and any issues 4366. Email: [email protected]. arising after publication of this notice Agenda that require emergency action under SUPPLEMENTARY INFORMATION: The Gulf section 305(c) of the Magnuson-Stevens The steering committee will discuss of Mexico, South Atlantic, and Fishery Conservation and Management terms of reference and types of Caribbean Fishery Management Act, provided the public has been recommendations for structuring an Councils, in conjunction with NOAA notified of the intent to take final action MSE process that focuses on a Georges Fisheries and the Atlantic and Gulf to address the emergency. Bank Fishery Ecosystem Plan. These States Marine Fisheries Commissions recommendations will be made to the have implemented the Southeast Data, Special Accommodations Council in December and will include Assessment and Review (SEDAR) The meeting is physically accessible approaches to soliciting stakeholder process, a multi-step method for to people with disabilities. Requests for engagement and facilitating stakeholder determining the status of fish stocks in sign language interpretation or other participation in the MSE effort. the Southeast Region. SEDAR is a multi- auxiliary aids should be directed to the Summaries of previous stakeholder- step process including: (1) Data Council office (see ADDRESSES) at least 5 engaged MSE workshops and the Workshop; (2) Assessment Process business days prior to each workshop. Council’s example Fishery Ecosystem utilizing webinars; and (3) Review Plan (eFEP) framework will be Workshop. The product of the Data Note: The times and sequence specified in this agenda are subject to change. presented at this meeting. Other Workshop is a data report that compiles business may be discussed as necessary. and evaluates potential datasets and Authority: 16 U.S.C. 1801 et seq. Although non-emergency issues not recommends which datasets are Dated: August 8, 2019. contained on this agenda may come appropriate for assessment analyses. Diane M. DeJames-Daly, before this Council for discussion, those The product of the Assessment Process issues may not be the subject of formal is a stock assessment report that Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. action during this meeting. Council describes the fisheries, evaluates the action will be restricted to those issues [FR Doc. 2019–17303 Filed 8–12–19; 8:45 am] status of the stock, estimates biological specifically listed in this notice and any benchmarks, projects future population BILLING CODE 3510–22–P issues arising after publication of this conditions, and recommends research notice that require emergency action and monitoring needs. The assessment DEPARTMENT OF COMMERCE under section 305(c) of the Magnuson- is independently peer reviewed at the Stevens Act, provided the public has Review Workshop. The product of the National Oceanic and Atmospheric been notified of the Council’s intent to Review Workshop is a Summary Administration take final action to address the documenting panel opinions regarding emergency. the strengths and weaknesses of the RIN 0648–XV025 Special Accommodations stock assessment and input data. New England Fishery Management Participants for SEDAR Workshops are Council; Public Meeting This meeting is physically accessible appointed by the Gulf of Mexico, South to people with disabilities. This meeting Atlantic, and Caribbean Fishery AGENCY: National Marine Fisheries will be recorded. Consistent with 16 Management Councils and NOAA Service (NMFS), National Oceanic and U.S.C. 1852, a copy of the recording is

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available upon request. Requests for attendees are required to use Mac OS® DEPARTMENT OF COMMERCE sign language interpretation or other X 10.5 or newer; Mobile attendees are auxiliary aids should be directed to required to use iPhone®, iPad®, National Oceanic and Atmospheric Thomas A. Nies, Executive Director, at AndroidTM phone or Android tablet (See Administration (978) 465–0492, at least 5 days prior to the https://www.gotomeeting.com/ RIN 0648–XV020 the meeting date. webinar/ipad-iphone-android-webinar- Authority: 16 U.S.C. 1801 et seq. apps). You may send an email to Mr. Mid-Atlantic Fishery Management Dated: August 8, 2019. Kris Kleinschmidt at Council (MAFMC); Public Meeting Diane M. DeJames-Daly, [email protected] or contact AGENCY: National Marine Fisheries Acting Deputy Director, Office of Sustainable him at (503) 820–2280, extension 411 Service (NMFS), National Oceanic and Fisheries, National Marine Fisheries Service. for technical assistance. Atmospheric Administration (NOAA), [FR Doc. 2019–17304 Filed 8–12–19; 8:45 am] Council address: Pacific Fishery Commerce. BILLING CODE 3510–22–P Management Council, 7700 NE ACTION: Notice; public meeting. Ambassador Place, Suite 101, Portland, OR 97220–1384. SUMMARY: The Mid-Atlantic Fishery DEPARTMENT OF COMMERCE Management Council’s Summer FOR FURTHER INFORMATION CONTACT: Flounder, Scup, and Black Sea Bass National Oceanic and Atmospheric Kerry Griffin, Pacific Council; Advisory Panel will hold a public Administration telephone: (503) 820–2409. meeting, jointly with the Atlantic States Marine Fisheries Commission’s Summer RIN 0648–XV023 SUPPLEMENTARY INFORMATION: The Flounder, Scup, and Black Sea Bass purpose of the meeting is to consider Pacific Fishery Management Council; Advisory Panel. and possibly develop supplemental Public Meeting DATES: The meeting will be held on reports on Ecosystem and Thursday August 29, 2019, from 10 a.m. AGENCY: National Marine Fisheries Administrative matters on the Pacific until 3:30 p.m. Service (NMFS), National Oceanic and Council’s September agenda, including ADDRESSES: Atmospheric Administration (NOAA), a revised essential fish habitat review The meeting will be held at the Double Tree by Hilton Baltimore— Commerce. process (Council Operating Procedure BWI Airport, 890 Elkridge Landing ACTION: Notice of public meeting 22). The CPSMT and CPSAS will also (webinar). Road, Linthicum, MD 21090; telephone: discuss future workload planning and (410) 859–8400. SUMMARY: The Pacific Fishery assignments. Council address: Mid-Atlantic Fishery Management Council’s (Pacific Council) Although non-emergency issues not Management Council, 800 N. State Coastal Pelagic Species Management contained in the meeting agenda may be Street, Suite 201, Dover, DE 19901; Team (CPSMT) and Coastal Pelagic discussed, those issues may not be the telephone: (302) 674–2331; Species Advisory Subpanel (CPSAS) subject of formal action during this www.mafmc.org. will hold a webinar meeting to consider meeting. Action will be restricted to FOR FURTHER INFORMATION CONTACT: agenda items for the September Pacific those issues specifically listed in this Christopher M. Moore, Ph.D., Executive Council meeting. This webinar is open document and any issues arising after Director, Mid-Atlantic Fishery to the public. publication of this document that Management Council, telephone: (302) DATES: The webinar will be held require emergency action under section 526–5255. Thursday, August 29, 2019, from 1 p.m. 305(c) of the Magnuson-Stevens Fishery SUPPLEMENTARY INFORMATION: The Mid- to 3 p.m., Pacific Daylight Time, or until Conservation and Management Act, Atlantic Fishery Management Council’s business for the day has been provided the public has been notified of Summer Flounder, Scup, and Black Sea completed. the intent to take final action to address Bass Advisory Panel will meet jointly ADDRESSES: The meeting will be held the emergency. with the Atlantic States Marine via webinar. A public listening station Fisheries Commission’s Summer is available at the Pacific Council office Special Accommodations Flounder, Scup, and Black Sea Bass (address below). To attend the webinar, The public listening station is Advisory Panel. The purpose of this use this link: https:// physically accessible to people with meeting is to discuss recent www.gotomeeting.com/webinar (Click disabilities. Requests for sign language performance of the summer flounder, ‘‘Join a Webinar’’ in top right corner of interpretation or other auxiliary aids scup, and black sea bass commercial page). (1) Enter the Webinar ID: 190– and recreational fisheries and develop should be directed to Mr. Kris 564–587. (2) Enter your name and email Fishery Performance Reports. These Kleinschmidt (kris.kleinschmidt@ address (required). You must use your reports will be considered by the noaa.gov; (503) 820–2411) at least 10 telephone for the audio portion of the Scientific and Statistical Committee, the meeting by dialing this TOLL number: days prior to the meeting date. Monitoring Committee, Mid-Atlantic 1 (914) 614–3221. (3) Enter the Attendee Dated: August 8, 2019. Fishery Management Council, and phone audio access code 788–016–321. Diane M. DeJames-Daly, Atlantic States Marine Fisheries (4) Enter your audio phone pin (shown Acting Deputy Director, Office of Sustainable Commission when setting or reviewing after joining the webinar). NOTE: We Fisheries, National Marine Fisheries Service. catch and landings limits and have disabled Mic/Speakers as an [FR Doc. 2019–17302 Filed 8–12–19; 8:45 am] management measures for summer option and require all participants to flounder, scup, and black sea bass for use a telephone or cell phone to BILLING CODE 3510–22–P upcoming years. Advisors will also participate. Technical Information and receive an update on the 2019 System Requirements: PC-based operational stock assessments for black attendees are required to use Windows® sea bass and scup. Other topics 10, 8, 7, Vista, or XP; Mac®-based addressed during the August meetings

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of the Mid-Atlantic Fishery Required: Windows® 10, 8, 7, Vista, or DEPARTMENT OF COMMERCE Management Council and Atlantic XP; for Mac®-based attendees: Required: States Marine Fisheries Commission Mac OS® X 10.5 or newer; for Mobile National Oceanic and Atmospheric may also be discussed. attendees: Required: iPhone®, iPad®, Administration TM Special Accommodations Android phone or Android tablet (see RIN 0648–XV021 https://www.gotomeeting.com/webinar/ The meeting is physically accessible ipad-iphone-android-webinar-apps). Fisheries of the South Atlantic; to people with disabilities. Requests for You may send an email to Mr. Kris Southeast Data, Assessment, and sign language interpretation or other Kleinschmidt at kris.kleinschmidt@ Review (SEDAR); Public Meeting auxiliary aid should be directed to M. noaa.gov or contact him at (503) 820– AGENCY: National Marine Fisheries Jan Saunders, (302) 526–5251, at least 5 2411 for technical assistance. days prior to the meeting date. Service (NMFS), National Oceanic and Council address: Pacific Fishery Atmospheric Administration (NOAA), Dated: August 8, 2019. Management Council, 7700 NE Commerce. Diane M. DeJames-Daly, Ambassador Place, Suite 101, Portland, ACTION: Notice of SEDAR 58 Assessment Acting Deputy Director, Office of Sustainable OR 97220. Milestone 4 Webinar for Atlantic Cobia. Fisheries, National Marine Fisheries Service. [FR Doc. 2019–17299 Filed 8–12–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: SUMMARY: The SEDAR 58 assessment of BILLING CODE 3510–22–P Todd Phillips, Staff Officer; telephone: the Atlantic stock of Cobia will consist (503) 820–2426. of a series of workshops and webinars: SUPPLEMENTARY INFORMATION: Data Workshop; Assessment Webinars; DEPARTMENT OF COMMERCE The primary purpose of GMT webinar is to and a Review National Oceanic and Atmospheric prepare for and develop DATES: The SEDAR 58-Assessment Administration recommendations for consideration by Milestone 4 Webinar has been the Pacific Council at its September scheduled for September 23, 2019, from RIN 0648–XV022 2019 meeting. The GMT will discuss 9 a.m. to 12 p.m. ADDRESSES: Pacific Fishery Management Council; items related to groundfish Meeting address: The meeting will be Public Meeting management, ecosystem matters, and administrative Pacific Council agenda held via webinar. The webinar is open AGENCY: National Marine Fisheries items. A detailed agenda for the webinar to members of the public. Those Service (NMFS), National Oceanic and will be available on the Pacific interested in participating should Atmospheric Administration (NOAA), Council’s website prior to the meeting. contact Kathleen Howington at SEDAR Commerce. The GMT may also address other (see FOR FURTHER INFORMATION CONTACT) ACTION: Notice of public meeting assignments relating to groundfish to request an invitation providing webinar access information. Please (webinar). management. No management actions request webinar invitations at least 24 will be decided by the GMT. SUMMARY: The Pacific Fishery hours in advance of each webinar. Management Council (Pacific Council) Although non-emergency issues not SEDAR address: South Atlantic will convene a webinar meeting of its contained in the meeting agenda may be Fishery Management Council, 4055 Groundfish Management Team (GMT) to discussed, those issues may not be the Faber Place Drive, Suite 201, N discuss items on the Pacific Council’s subject of formal action during this Charleston, SC 29405; September 2019 meeting agenda. The meeting. Action will be restricted to www.sedarweb.org. meeting is open to the public. those issues specifically listed in this FOR FURTHER INFORMATION CONTACT: DATES: The webinar meeting will be notice and any issues arising after Kathleen Howington, SEDAR held Tuesday, September 3, 2019, from publication of this notice that require Coordinator, 4055 Faber Place Drive, 1 p.m. to 4 p.m., Pacific Daylight Time. emergency action under Section 305(c) Suite 201, North Charleston, SC 29405; The scheduled ending time for the GMT of the Magnuson-Stevens Fishery phone: (843) 571–4366; email: webinar is an estimate, the meeting will Conservation and Management Act, [email protected]. provided the public has been notified of adjourn when business for the day is SUPPLEMENTARY INFORMATION: The Gulf completed. the intent to take final action to address of Mexico, South Atlantic, and ADDRESSES: This meeting will be held the emergency. Caribbean Fishery Management via webinar. A public listening station Special Accommodations Councils, in conjunction with NOAA is available at the Pacific Council office Fisheries and the Atlantic and Gulf (address below). To attend the webinar: The public listening station is States Marine Fisheries Commissions, (1) Join the GoToWebinar by visiting physically accessible to people with have implemented the Southeast Data, this link https://www.gotomeeting.com/ disabilities. Requests for sign language Assessment and Review (SEDAR) webinar (Click ‘‘Join a Webinar’’ in top interpretation or other auxiliary aids process, a multi-step method for right corner of page), (2) Enter the should be directed to Mr. Kris determining the status of fish stocks in Webinar ID: 568–453–347 and (3) enter Kleinschmidt at (503) 820–2411 at least the Southeast Region. SEDAR is a three- your name and email address (required). 10 business days prior to the meeting step process including: (1) Data After logging into the webinar, you must date. Workshop; (2) Assessment Process use your telephone for the audio portion utilizing webinars; and (3) Review Dated: August 8, 2019. of the meeting. Dial this TOLL number Workshop. The product of the Data 1–631–992–3221, enter the Attendee Diane M. DeJames-Daly, Workshop is a data report which phone audio access code 713–046–245, Acting Deputy Director, Office of Sustainable compiles and evaluates potential and enter your audio phone pin (shown Fisheries, National Marine Fisheries Service. datasets and recommends which after joining the webinar). System [FR Doc. 2019–17301 Filed 8–12–19; 8:45 am] datasets are appropriate for assessment Requirements: For PC-based attendees: BILLING CODE 3510–22–P analyses. The product of the Assessment

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Process is a stock assessment report DEPARTMENT OF COMMERCE required, due to limited seating which describes the fisheries, evaluates capacity. NTIA asks registrants to the status of the stock, estimates National Telecommunications and provide their first and last names, email biological benchmarks, projects future Information Administration addresses, and their organization population conditions, and recommends (optional) for both registration purposes research and monitoring needs. The NTIA 2019 Spectrum Policy and to receive updates on the assessment is independently peer Symposium symposium. reviewed at the Review Workshop. The AGENCY: National Telecommunications The meeting will be physically product of the Review Workshop is a and Information Administration, U.S. accessible to people with disabilities. Summary documenting panel opinions Department of Commerce. Individuals requiring accommodations, regarding the strengths and weaknesses such as sign language interpretation or ACTION: Notice of public meeting. of the stock assessment and input data. other ancillary aids, should notify Mr. Participants for SEDAR Workshops are SUMMARY: The National Alden at the contact information listed appointed by the Gulf of Mexico, South Telecommunications and Information above at least ten (10) business days Atlantic, and Caribbean Fishery Administration (NTIA), U.S. before the event. Management Councils and NOAA Department of Commerce, will host a Dated: August 8, 2019. Fisheries Southeast Regional Office, symposium on September 10, 2019, Kathy D. Smith, Highly Migratory Species Management focusing on the development and Chief Counsel, National Telecommunications Division, and Southeast Fisheries implementation of a National Spectrum and Information Administration. Science Center. Participants include: Strategy, pursuant to the Presidential [FR Doc. 2019–17331 Filed 8–12–19; 8:45 am] Data collectors and database managers; Memorandum, released on October 25, BILLING CODE 3510–60–P stock assessment scientists, biologists, 2018, on ‘‘Developing a Sustainable and researchers; constituency Spectrum Strategy for America’s representatives including fishermen, Future.’’ environmentalists, and non- DEPARTMENT OF EDUCATION governmental organizations (NGOs); DATES: The symposium will be held on September 10, 2019, from 8:30 a.m. to Privacy Act of 1974; System of international experts; and staff of Records Councils, Commissions, and state and 12:30 p.m. Eastern Daylight Time (EDT). federal agencies. ADDRESSES: The symposium will be AGENCY: Office of Postsecondary The items of discussion at the held at the National Press Club, 529 Education, U.S. Department of Assessment Milestone 4 webinar are as 14th St. NW, Washington, DC 20045. Education. follows: FOR FURTHER INFORMATION CONTACT: John ACTION: Notice of a modified system of • Review continuity, sensitivities and Alden, Telecommunications Specialist, records. uncertainty evaluations Office of Spectrum Management, NTIA, • Recommend projection approaches at (202) 482–8046 or SUMMARY: In accordance with the and configuration [email protected]. Please Privacy Act of 1974, as amended Although non-emergency issues not direct media inquiries to NTIA’s Office (Privacy Act), the Department of contained in this agenda may come of Public Affairs, (202) 482–7002; email: Education (Department) publishes this before this group for discussion, those [email protected]. notice of a modified system of records issues may not be the subject of formal SUPPLEMENTARY INFORMATION: NTIA entitled ‘‘Fulbright-Hays—Doctoral action during this meeting. Action will serves as the President’s principal Dissertation Research Abroad (DDRA) be restricted to those issues specifically adviser on telecommunications policies and Seminars Abroad (SA) (18–12–02),’’ identified in this notice and any issues pertaining to the Nation’s economic and last published in the Federal Register arising after publication of this notice technological advancement and on June 4, 1999. The information that require emergency action under establishes policies concerning use of contained in this system is used to section 305(c) of the Magnuson-Stevens the radio spectrum by federal agencies. determine applicants’ qualifications, Fishery Conservation and Management NTIA is hosting a symposium that will eligibility, suitability, and feasibility; to Act, provided the public has been focus on implementing and maintaining award benefits for overseas research; to notified of the intent to take final action a sustainable national spectrum strategy monitor the progress of the project to address the emergency. that will enable the United States to including its accomplishments; and, to strengthen its global leadership role in demonstrate the programs’ effectiveness. Special Accommodations the introduction of wireless DATES: Submit your comments on this This meeting is accessible to people telecommunications technologies, modified system of records notice on or with disabilities. Requests for auxiliary services, and innovation, while also before September 12, 2019. aids should be directed to the SAFMC supporting the expansion of existing This modified system of records office (see ADDRESSES) at least 5 technologies and the nation’s homeland notice will become applicable upon business days prior to the meeting. security, national defense, and other publication in the Federal Register on Note: The times and sequence critical government missions. August 13, 2019. Modified routine uses specified in this agenda are subject to Prior to the event, NTIA will post (2), (3), (5), (6), (7), (9), (10), (12) and change. registration information, a detailed new routine uses (13) and (14) outlined Authority: 16 U.S.C. 1801 et seq. agenda, any updates, and other relevant in the section entitled ‘‘ROUTINE USES information at: https://www.ntia.gov/ OF RECORDS MAINTAINED IN THE Dated: August 8, 2019. other-publication/2019/2019-ntia- SYSTEM, INCLUDING CATEGORIES Diane M. DeJames-Daly, spectrum-policy-symposium. The OF USERS AND PURPOSES OF SUCH Acting Deputy Director, Office of Sustainable symposium is free and open to the USES’’ in the modified system of Fisheries, National Marine Fisheries Service. public and members of the press on a records will become applicable on [FR Doc. 2019–17300 Filed 8–12–19; 8:45 am] first come, first served basis. Pre- September 12, 2019, unless the BILLING CODE 3510–22–P registration is requested, but not modified system of records notice needs

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to be changed as a result of public SUPPLEMENTARY INFORMATION: The alone or in connection with other comment. The Department will publish Department is modifying the section information, indicates a violation or any changes resulting from public entitled ‘‘SYSTEM NAME AND potential violation of any applicable comment. NUMBER’’ to remove ‘‘Faculty Research statutory, regulatory, or legally binding Abroad (FRA)’’ and ‘‘Fellows’’ from the requirement, the Department may ADDRESSES: Submit your comments system name. disclose records from the system to an through the Federal eRulemaking Portal The Department is modifying the entity charged with investigating or or via postal mail, commercial delivery, section entitled ‘‘SECURITY prosecuting those violations or potential or hand delivery. We will not accept CLASSIFICATION’’ to indicate that the violations. comments submitted by fax or by email system is unclassified. The Department is modifying newly or those submitted after the comment The Department is modifying the renumbered routine use (3) ‘‘Litigation period. To ensure that we do not receive section entitled ‘‘SYSTEM LOCATION’’ and Alternative Dispute Resolution duplicate copies, please submit your to reflect the current location within the (ADR) Disclosures’’ to include, under comments only once. In addition, please Office of Postsecondary Education subsection (3)(a)(iii), disclosures to the include the Docket ID at the top of your (OPE) as the ‘‘International and Foreign Department of Justice (DOJ) where DOJ’s comments. Language Education (IFLE)’’ office; and, representation of a Department • Federal eRulemaking Portal: Go to to update the Department’s address, as employee in his or her individual www.regulations.gov to submit your applicable. capacity has been requested; to revise comments electronically. Information The Department is modifying the the subsection heading of subsection on using Regulations.gov, including section entitled ‘‘SYSTEM (3)(c) that had referred to instructions for accessing agency MANAGER(S)’’ to list the system ‘‘Administrative Disclosures’’ to instead documents, submitting comments, and manager’s name; to reflect the current refer to ‘‘Adjudicative Disclosure;’’ to viewing the docket, is available on the location of the system manager within insert, in subsection (3)(c), the word site under the ‘‘help’’ tab. OPE as the ‘‘International and Foreign ‘‘person’’ in place of the word • Postal Mail, Commercial Delivery, Language Education (IFLE)’’ office; and, ‘‘individual,’’ in order to avoid any or Hand Delivery: If you mail or deliver to update the Department’s address, as public confusion that may have been your comments about this modified applicable. caused by the Department’s prior use of system of records, address them to: Sara The Department is modifying the the word ‘‘individual’’ given that this Starke, International and Foreign section entitled ‘‘CATEGORIES OF term is a defined term in the Privacy Language Education, Office of INDIVIDUALS COVERED BY THE Act; and, to clarify that subsections Postsecondary Education, U.S. SYSTEM’’ to include doctoral (3)(c) and (3)(d) apply to disclosures Department of Education, 400 Maryland candidates and to specify that both that are relevant and necessary to Ave. SW, Washington, DC 20202. applicants and selectees are individuals (applicable) judicial or administrative Privacy Note: The Department’s whose information is maintained in the litigation or alternative dispute policy is to make all comments received system. resolution rather than only from members of the public available for The Department is modifying the ‘‘administrative litigation.’’ public viewing in their entirety on the section entitled ‘‘CATEGORIES OF The Department is modifying newly Federal eRulemaking Portal at RECORDS IN THE SYSTEM’’ to remove renumbered routine use (5) to www.regulations.gov. Therefore, the ‘‘FRA’’ (Faculty Research Abroad) standardize it with other routine uses commenters should be careful to program and Social Security numbers, (permitting similar disclosures) include in their comments only and to indicate that email addresses will commonly used by the Department in information that they wish to make be collected in the system. its systems of records notices to permit publicly available. The Department is modifying the disclosure, in the course of section entitled ‘‘RECORD SOURCE Assistance to Individuals with investigation, fact-finding, or CATEGORIES’’ to clarify that Disabilities in Reviewing the adjudication, of records from this information in the system may also be Rulemaking Record: On request we will system that are relevant and necessary obtained from other persons or entities provide an appropriate accommodation to employee grievances, complaints, or from which data is obtained under disciplinary actions involving present or or auxiliary aid to an individual with a routine uses set forth in the notice. former employees, to any party to the disability who needs assistance to The Department is modifying the grievance, complaint, or action; to the review the comments or other section entitled ‘‘ROUTINE USES OF party’s counsel or representative; to a documents in the public rulemaking RECORDS MAINTAINED IN THE witness; or, to a designated fact-finder, record for this notice. If you want to SYSTEM, INCLUDING CATEGORIES mediator, or other person designated to schedule an appointment for this type of OF USERS AND PURPOSES OF SUCH resolve issues or decide the matter. accommodation or auxiliary aid, please USES’’ to remove the previous routine The Department is modifying newly FOR contact the person listed under use (2) entitled ‘‘Disclosure for Use by renumbered routine use (6) to permit FURTHER INFORMATION CONTACT. Other Law Enforcement Agencies’’ from the disclosure of records from this FOR FURTHER INFORMATION CONTACT: Sara the list of routine uses of records system of records to arbitrators to Starke, International and Foreign maintained in the system because the resolve disputes under negotiated Language Education, Office of system is not used in a law enforcement grievance procedures or to officials of a Postsecondary Education, U.S. capacity. labor organization recognized under 5 Department of Education, 400 Maryland The Department is modifying newly U.S.C. chapter 71 when relevant and Ave. SW, Washington, DC 20202. renumbered routine use (2) entitled necessary to their duties of exclusive Telephone: (202) 453–7681. ‘‘Enforcement Disclosure’’ to representation. If you use a telecommunications standardize it with other routine uses The Department is modifying newly device for the deaf (TDD) or a text (permitting similar disclosures) renumbered routine use (7) to permit telephone (TTY), you may call the commonly used by the Department in the Department to disclose records to Federal Relay Service (FRS), toll free, at its systems of records notices to explain DOJ and the Office of Management and 1–800–877–8339. that if information in the system, either Budget (OMB) for assistance in

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determining whether particular records PRACTICES FOR RETRIEVAL OF Dated: August 8, 2019. are required to be disclosed under the RECORDS’’ to explain that both hard Robert L. King, Privacy Act. copy and electronic records are Assistant Secretary for the Office of The Department is modifying newly retrieved by an individual’s name; and, Postsecondary Education. renumbered routine use (9) to remove in the event that an individual’s name For the reasons discussed in the language that referenced imposing cannot be located, records can also be preamble, the delegatee performing the safeguard requirements on the retrieved by award number and name of duties of the Assistant Secretary for contractor ‘‘before entering into’’ the the educational institution. Postsecondary Education, U.S. contract and that are required under The Department is modifying the Department of Education (Department), subsection (m) of the Privacy Act. The section entitled ‘‘POLICIES AND publishes a notice of a modified system modified language clarifies that the PRACTICES FOR RETENTION AND of records to read as follows: Department will require, as part of DISPOSAL OF RECORDS’’ to reference applicable Department contracts, the current, appropriate records SYSTEM NAME AND NUMBER contractors to whom disclosures are schedule, General Records Schedule 1.2: Fulbright-Hays—Doctoral Dissertation made under this routine use to agree to Grant and Cooperative Agreement Research Abroad (DDRA) and Seminars establish and maintain safeguards to Records, Items 020 and 021; and, Abroad (SA) (18–12–02). protect the security and confidentiality explain that records are destroyed either of the disclosed records. 3 years (for unsuccessful applications) SECURITY CLASSIFICATION: The Department is modifying newly or 10 years (for successful applications), Unclassified. renumbered routine use (10) to remove as applicable, after final action is taken SYSTEM LOCATION: language that had referred to ‘‘Privacy on an applicant’s case file, unless longer Act safeguards’’ to clarify that all retention is required for business use. International and Foreign Language researchers to whom disclosures are The Department is modifying the Education (IFLE), Office of made under this routine use will be section entitled ‘‘ADMINISTRATIVE, Postsecondary Education, U.S. required to agree to establish and TECHNICAL, AND PHYSICAL Department of Education, 400 Maryland maintain safeguards to protect the SAFEGUARDS’’ to describe the Avenue SW, Washington, DC 20202. security and confidentiality of the safeguards used by the Department for AppNet, 103 W. Broad Street, Fifth disclosed records. hard copy files. Floor, Falls Church, VA 22046. The Department is modifying newly renumbered routine use (12) to permit The Department is modifying the SYSTEM MANAGER(S): the Department to disclose records to sections entitled ‘‘RECORD ACCESS Sara Starke, International and Foreign the Congressional Budget Office (CBO) PROCEDURES,’’ ‘‘CONTESTING Language Education (IFLE), Office of as necessary to fulfill the requirements RECORD PROCEDURES,’’ and Postsecondary Education, U.S. of the Federal Credit Reform Act of ‘‘NOTIFICATION PROCEDURES’’ to Department of Education, 400 Maryland 1990, as amended, in accordance with 2 define and discuss the information Avenue SW, Washington, DC 20202. U.S.C. 661b. needed to access, contest, or be notified Pursuant to the requirements in OMB of a record. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Memorandum M–17–12 entitled The Department is also adding a The Mutual Educational and Cultural ‘‘Preparing for and Responding to a section entitled ‘‘HISTORY’’ to comply Exchange Act of 1961, as amended (22 Breach of Personally Identifiable with the requirements in OMB Circular U.S.C. 2451–2458). No. A–108. Information,’’ the Department is adding: PURPOSE(S) OF THE SYSTEM: Routine use (13) entitled ‘‘Disclosure in Accessible Format: Individuals with The information contained in this the Course of Responding to Breach of disabilities can obtain this document in system is used for the following Data’’ to permit the Department to an accessible format (e.g., Braille, large purposes: (1) To determine an disclose records from this system to print, audiotape, or compact disc) on applicant’s qualifications, eligibility, appropriate agencies, entities, and request to the person listed under FOR suitability, and feasibility; (2) to award persons in connection with the FURTHER INFORMATION CONTACT. benefits for overseas research; (3) to Department’s efforts to respond to a Electronic Access to This Document: monitor the progress of the project suspected or confirmed data breach of The official version of this document is including its accomplishments; and (4) this system or to prevent, minimize, or the document published in the Federal to demonstrate the programs’ remedy harm resulting from such a Register. You may access the official effectiveness. breach; and, routine use (14) entitled edition of the Federal Register and the ‘‘Disclosure in Assisting another Agency Code of Federal Regulations at CATEGORIES OF INDIVIDUALS COVERED BY THE in Responding to a Breach of Data’’ to www.govinfo.gov. At this site you can SYSTEM: permit the Department to disclose view this document, as well as all other This system contains records on records from this system of records in documents of the Department published teachers, prospective teachers, or the course of assisting another Federal in the Federal Register, in text or doctoral candidates who apply for or are agency or entity in responding to, or Portable Document Format (PDF). To selected to be recipients for Fulbright- preventing, minimizing, or remedying use PDF you must have Adobe Acrobat Hays awards to enable them to engage the risk of harm resulting from, a Reader, which is available free at the in foreign language and area studies suspected or confirmed breach of data. site. projects overseas. The Department is removing the You may also access documents of the section entitled ‘‘DISCLOSURE TO Department published in the Federal CATEGORIES OF RECORDS IN THE SYSTEM: CONSUMER REPORTING AGENCIES’’ Register by using the article search The system of records consists of a because the Department will not feature at: www.federalregister.gov. variety of records relating to an disclose information in this system of Specifically, through the advanced individual’s application for, and records to consumer reporting agencies. search feature at this site, you can limit participation in, the Fulbright-Hays The Department is modifying the your search to documents published by DDRA or SA programs. In addition to section entitled ‘‘POLICIES AND the Department. the individual’s name, the system

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contains the individual’s address, (3) Litigation and Alternative Dispute contract, or the issuance of a license, telephone number, email address, Resolution (ADR) Disclosure. grant, or other benefit. educational institution, date and place (a) Introduction. In the event that one (b) For Decisions by Other Public of birth, citizenship, veteran’s status, of the parties listed in sub-paragraphs (i) Agencies and Professional accompanying dependents’ names, through (v) is involved in litigation or Organizations. The Department may previous overseas travel, educational ADR, or has an interest in litigation or disclose a record to a Federal, State, and employment background, student ADR, the Department may disclose local, or foreign agency or other public loan default status, health statement, certain records to the parties described authority or professional organization, transcripts, references, project in paragraphs (b), (c) and (d) of this in connection with the hiring or description and project cost based on routine use under the conditions retention of an employee or other either the cost-of-living in the host specified in those paragraphs: personnel action, the issuance of a country or the annualized salary of a (i) The Department, or any of its security clearance, the reporting of an faculty member, field reader and US components; investigation of an employee, the letting Embassy comments, award documents, (ii) Any Department employee in his of a contract, or the issuance of a and final project reports. or her official capacity; license, grant, or other benefit, to the (iii) Any Department employee in his extent that the record is relevant and RECORD SOURCE CATEGORIES: or her individual capacity where the necessary to the receiving entity’s Information is obtained from the Department of Justice (DOJ) agrees to or decision on the matter. individual on approved application has been requested to provide or arrange (5) Employee Grievance, Complaint or forms and from field readers, and may for representation for the employee; Conduct Disclosure. If a record is be secured from the U.S. Department of (iv) Any Department employee in his relevant and necessary to an employee grievance, complaint, or disciplinary State, U.S. embassies, binational or her individual capacity where the action involving a present or former commissions, the J. William Fulbright agency has agreed to represent the employee of the Department, the Foreign Scholarship Board, and foreign employee; or Department may disclose a record in educators and officials. Information in (v) The United States, where the this system of records in the course of this system also may be obtained from Department determines that the investigation, fact-finding, or other persons or entities from which litigation is likely to affect the adjudication, to any party to the data is obtained under routine uses set Department or any of its components. grievance, complaint, or action; to the forth below. (b) Disclosure to the DOJ. If the party’s counsel or representative; to a Department determines that disclosure ROUTINE USES OF RECORDS MAINTAINED IN THE witness; or, to a designated fact-finder, of certain records to the DOJ is relevant mediator, or other person designated to SYSTEM, INCLUDING CATEGORIES OF USERS AND and necessary to litigation or ADR, the PURPOSES OF SUCH USES: resolve issues or decide the matter. Department may disclose those records (6) Labor Organization Disclosure. The Department may disclose as a routine use to the DOJ. The Department may disclose a record information contained in a record in (c) Adjudicative Disclosure. If the from this system of records to an this system of records under the routine Department determines that disclosure arbitrator to resolve disputes under a uses listed in this system of records of certain records to an adjudicative negotiated grievance procedure or to without the consent of the individual if body before which the Department is officials of a labor organization the disclosure is compatible with the authorized to appear, or to a person or recognized under 5 U.S.C. chapter 71 purposes for which the record was entity designated by the Department or when relevant and necessary to their collected. These disclosures may be otherwise empowered to resolve or duties of exclusive representation. made on a case-by-case basis or, if the mediate disputes, is relevant and (7) Freedom of Information Act Department has complied with the necessary to the litigation or ADR, the (FOIA) or Privacy Act Advice computer matching requirements of the Department may disclose those records Disclosure. The Department may Privacy Act of 1974, as amended as a routine use to the adjudicative disclose records to the DOJ and the (Privacy Act), under a matching body, person, or entity. Office of Management and Budget agreement. (d) Disclosure to Parties, Counsels, (OMB) if the Department concludes that (1) Program Disclosure. The Representatives, and Witnesses. If the disclosure is desirable or necessary in Department may disclose information to Department determines that disclosure determining whether particular records field readers, the U.S. Department of of certain records is relevant and are required to be disclosed under the State, U.S. embassies, binational necessary to the litigation or ADR, the FOIA or the Privacy Act. commissions, the J. William Fulbright Department may disclose those records (8) Disclosure to the DOJ. The Foreign Scholarship Board, or to foreign as a routine use to the party, counsel, Department may disclose records to the educators or officials so that the representative, or witness. DOJ to the extent necessary for information can be used to determine (4) Employment, Benefit, and obtaining DOJ advice on any matter the qualifications, eligibility, suitability, Contracting Disclosure. relevant to an audit, inspection, or other feasibility, and award benefits for (a) For Decisions by the Department. inquiry related to the programs covered overseas research. The Department may disclose a record by this system. (2) Enforcement Disclosure. If to a Federal, State, or local agency (9) Contract Disclosure. If the information in this system of records, maintaining civil, criminal, or other Department contracts with an entity for either alone or in connection with other relevant enforcement or other pertinent the purposes of performing any function information, indicates a violation or records, or to another public authority that requires disclosure of records in potential violation of any applicable or professional organization, if this system to employees of the statutory, regulatory, or legally binding necessary to obtain information relevant contractor, the Department may disclose requirement, the Department may to a Department decision concerning the the records to those employees. As part disclose records to an entity charged hiring or retention of an employee or of such a contract, the Department will with investigating or prosecuting those other personnel action, the issuance of require the contractor to agree to violations or potential violations. a security clearance, the letting of a establish and maintain safeguards to

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protect the security and confidentiality remedying the risk of harm to file cabinets, and only those with a of the disclosed records. individuals, the recipient agency or need-to-know have keys. (10) Research Disclosure. The entity (including its information Department may disclose records to a systems, programs, and operations), the RECORD ACCESS PROCEDURES: researcher if an official of the Federal Government, or national If you wish to gain access to records Department determines that the security, resulting from a suspected or regarding you in this system of records, individual or organization to which the confirmed breach. contact the system manager at the disclosure would be made is qualified to address listed above. Requests must carry out specific research related to POLICIES AND PRACTICES FOR STORAGE OF contain the necessary particulars, such functions or purposes of this system of RECORDS: as your full name, date of birth, the year records. The official may disclose The records are maintained in of the award, the name of the grantee records from this system of records to hardcopy, filed in standard filing institution, major country in which you that researcher solely for the purpose of cabinets, and in an electronic data conducted your educational activity, carrying out that research related to the warehouse maintained by AppNet and and any other identifying information functions or purposes of this system of accessible by AppNet, individual requested by the Department while records. The researcher shall be participants, participants’ institutions, processing the request in order to required to agree to establish and and Department personnel. distinguish between individuals with maintain safeguards to protect the the same name. Your request must meet security and confidentiality of the POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: the requirements of the regulations at 34 disclosed records. CFR 5b.5. (11) Congressional Member Hardcopy and electronic files are Disclosure. The Department may retrieved by individual names. In the CONTESTING RECORD PROCEDURES: disclose records to a member of event an individual’s name cannot be If you wish to contest the content of Congress from the record of an located, records can be retrieved by a record regarding you in this system of individual in response to an inquiry award number and name of educational records, contact the system manager at from the member made at the written institution. the address listed above. Requests request of that individual. The should contain your full name, date of member’s right to the information is no POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: birth, the year of the award, the name greater than the right of the individual All records are retained and disposed of the grantee institution, major country who requested it. in which you conducted your (12) Disclosure to OMB and the of in accordance with General Records educational activity, and any other Congressional Budget Office (CBO) for Schedule 1.2: Grant and Cooperative identifying information requested by the Federal Credit Reform Act (CRA) Agreement Records (GRS 1.2), Items 020 Department while processing the Support. The Department may disclose and 021. Records of successful request in order to distinguish between records to OMB and CBO as necessary applications are destroyed, in individuals with the same name. Your to fulfill CRA requirements in accordance with GRS 1.2, Item 020, 10 request must meet the requirements of accordance with 2 U.S.C. 661b. years after final action is taken on the (13) Disclosure in the Course of applicant’s case file, but longer the regulations at 34 CFR 5b.7. Responding to Breach of Data. The retention is authorized if required for NOTIFICATION PROCEDURES: Department may disclose records from business use. Records of unsuccessful this system to appropriate agencies, applications are destroyed, in If you wish to determine whether a entities, and persons when (a) the accordance with GRS 1.2, Item 021, 3 record exists regarding you in the Department suspects or has confirmed years after final action is taken on the system of records, contact the system that there has been a breach of the applicant’s case file, but longer manager at the address listed above. system of records; (b) the Department retention is authorized if required for Requests must contain the necessary has determined that as a result of the business use. particulars, such as your full name, date suspected or confirmed breach there is of birth, the year of the award, the name a risk of harm to individuals, the ADMINISTRATIVE, TECHNICAL, AND PHYSICAL of the grantee institution, major country Department (including its information SAFEGUARDS: in which you conducted your systems, program and operation), the All physical access to the site of the educational activity, and any other Federal Government, or national Department and the site of the identifying information requested by the security; and (c) the disclosure made to Department’s contractor where this Department while processing the such agencies, entities, and persons is system of records is maintained is request in order to distinguish between reasonably necessary to assist in controlled and monitored by personnel individuals with the same name. Your connection with the Department’s who check each individual entering the request must meet the requirements of efforts to respond to the suspected or building. The computer system the regulations at 34 CFR 5b.5. employed by AppNet offers a high confirmed breach or to prevent, EXEMPTIONS PROMULGATED FOR THE SYSTEM: minimize, or remedy such harm. degree of resistance to tampering and (14) Disclosure in Assisting another circumvention. None. Agency in Responding to a Breach of This security system limits data HISTORY: Data. The Department may disclose access to Department and contract staff records from this system to another grantees on a ‘‘need-to-know’’ basis, and The system of records entitled Federal agency or Federal entity, when controls individual users’ ability to ‘‘Fulbright-Hays—Doctoral Dissertation the Department determines that access and alter records within the Research Abroad (DDRA) and Seminars information from this system of records system. All users of this system of Abroad (SA) (18–12–02),’’ was last fully is reasonably necessary to assist the records are given a unique user ID with published in the Federal Register on recipient agency or entity in (a) personal identifiers. All interactions by June 4, 1999 (64 FR 30175–30177). responding to a suspected or confirmed individual users with the system are [FR Doc. 2019–17324 Filed 8–12–19; 8:45 am] breach or (b) preventing, minimizing, or recorded. Hard copy files are locked in BILLING CODE 4000–01–P

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DEPARTMENT OF ENERGY corn-starch feedstocks, as well as other from public disclosure; (6) when such gaseous emissions from other information might lose its confidential Notice of FY 2019 BETO-Wide Request biorefinery processes, into fuels and co- character due to the passage of time; and for Information (RFI) products. (7) why disclosure of the information would be contrary to the public interest. AGENCY: Office of Energy Efficiency and Topic 2: Systems To Handle Renewable Energy, Department of Commingled Food Waste Streams Signed in Washington, DC, on August 6, Energy (DOE). 2019. BETO is soliciting feedback to help Jonathan Male, ACTION: Request for information (RFI). understand the quantity, quality, and Director, Bioenergy Technologies Office. sources of generation of food waste in SUMMARY: The U.S. Department of [FR Doc. 2019–17317 Filed 8–12–19; 8:45 am] America, as well as options for Energy (DOE) invites public comment BILLING CODE 6450–01–P converting that waste into value-added on its Request for Information (RFI) fuels, chemicals, and power. number regarding FY 2019 Office of Energy Efficiency and Renewable Topic 3: Bridging Industry & DEPARTMENT OF ENERGY Energy (EERE) Bioenergy Technologies Government To Publish Existing High- Office (BETO) research priorities, as part Impact Data Federal Energy Regulatory Commission of its annual planning process. The BETO is seeking information purpose of this RFI is to solicit feedback regarding potential efforts to collect, and [Docket No. IC19–34–000] from industry, academia, research potentially pay for, existing high-quality laboratories, government agencies, and bioenergy datasets that are underused or Commission Information Collection Activities (FERC–725J) Comment other stakeholders to help ensure economically stranded in order to Request; Extension research areas are relevant, timely, publish on established public databases appropriate for federal government and potentially bolster the growing AGENCY: Federal Energy Regulatory funding, and aligned with bioeconomy with industrially relevant Commission. Administration priorities. data across the supply chain. ACTION: Notice of information collection DATES: Responses to the RFI must be and request for comments. received by September 6, 2019. Topic 4: Algal Biomass Feedstock Quality and Conversion Interface for ADDRESSES: SUMMARY: In compliance with the Interested parties are to Biofuels and Bioproducts submit comments electronically to requirements of the Paperwork [email protected]. Include BETO is seeking information on Reduction Act of 1995 (PRA), the FY 2019 BETO-Wide RFI in the subject issues related to the interface between Federal Energy Regulatory Commission of the title. Responses must be attached cultivation and conversion R&D to (Commission or FERC) is soliciting to an email. It is recommended that develop biofuels and bioproducts from public comment on the currently attachments with file sizes exceeding algal biomass. approved information collection, FERC– 25MB be compressed (i.e., zipped) to The RFI is available at: https://eere- 725J (Definition of the Bulk Electric ensure message delivery. Responses exchange.energy.gov/. System) which will be submitted to the Office of Management and Budget must be provided as a Microsoft Word Confidential Business Information (.docx) attachment to the email, and no (OMB) for a review of the information Pursuant to 10 CFR 1004.11, any more than 6 pages in length, 12 point collection requirements. person submitting information that he font, 1 inch margins. Only electronic DATES: Comments on the collection of or she believes to be confidential and responses will be accepted. The information are due October 15, 2019. exempt by law from public disclosure complete RFI document is located at ADDRESSES: You may submit comments should submit via email two well https://eere-exchange.energy.gov/. (identified by Docket No. IC19–34–000) marked copies: One copy of the by either of the following methods: FOR FURTHER INFORMATION CONTACT: document marked ‘‘confidential’’ • Questions may be addressed to: John eFiling at Commission’s Website: including all the information believed to http://www.ferc.gov/docs-filing/ Cabaniss, 1000 Independence Avenue be confidential, and one copy of the SW, Washington, DC 20585, 202–287– efiling.asp. document marked ‘‘non-confidential’’ • Mail/Hand Delivery/Courier: 5531, [email protected]. with the information believed to be Federal Energy Regulatory Commission, Further instruction can be found in confidential deleted. DOE will make its Secretary of the Commission, 888 First the RFI document posted on EERE own determination about the Street NE, Washington, DC 20426. Exchange. confidential status of the information Instructions: All submissions must be SUPPLEMENTARY INFORMATION: BETO is and treat it according to its formatted and filed in accordance with seeking information on the following 4 determination. submission guidelines at: http:// topic areas: Factors of interest to DOE when www.ferc.gov/help/submission- evaluating requests to treat submitted guide.asp. For user assistance, contact Topic 1: Leveraging First Generation information as confidential include: (1) FERC Online Support by email at Bioethanol Production Facilities A description of the items; (2) whether [email protected], or by phone BETO is seeking information related and why such items are customarily at: (866) 208–3676 (toll-free), or (202) to the development and integration of treated as confidential within the 502–8659 for TTY. technologies that could increase the industry; (3) whether the information is Docket: Users interested in receiving production of cellulosic fuels, cellulosic generally known by or available from automatic notification of activity in this sugars, and chemicals from corn fiber. other sources; (4) whether the docket or in viewing/downloading BETO, in coordination with DOE’s information has previously been made comments and issuances in this docket Office of Fossil Energy (FE) is also available to others without obligation may do so at http://www.ferc.gov/docs- seeking information about technologies concerning its confidentiality; (5) an filing/docs-filing.asp. to convert or activate gaseous carbon explanation of the competitive injury to FOR FURTHER INFORMATION CONTACT: dioxide emitted from fermentation of the submitting person that would result Ellen Brown may be reached by email

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at [email protected], telephone electric system and the Rules of to be eligible for the local network at (202) 502–8663, and fax at (202) 273– Procedure exception process to be exclusion; and (2) modify the exclusions 0873. effective July 1, 2013. On April 18, to ensure that generator interconnection SUPPLEMENTARY INFORMATION: 2013, in Order No. 773–A, the facilities at or above 100 kV connected Title: FERC–725J (Definition of the Commission largely affirmed its to bulk electric system generators Bulk Electric System). findings in Order No. 773. In Order Nos. identified in inclusion I2 are not OMB Control No.: 1902–0259. 773 and 773–A, the Commission excluded from the bulk electric system.1 Type of Request: Three-year extension directed NERC to modify the definition Type of Respondents: Generator of the FERC–725J with no changes to the of bulk electric system in two respects: owners, distribution providers, other current reporting requirements. (1) Modify the local network exclusion NERC-registered entities. Abstract: On December 20, 2012, the (exclusion E3) to remove the 100 kV Estimate of Annual Burden.2 The Commission issued Order No. 773, a minimum operating voltage to allow Commission estimates the annual public Final Rule approving NERC’s systems that include one or more looped reporting burden and cost 3 for the modifications to the definition of bulk configurations connected below 100 kV information collection as:

FERC–725J (DEFINITION OF THE BULK ELECTRIC SYSTEM)

Total annual Annual Average burden Number of number of Total number burden hours & Cost per respondents responses per of responses (hrs.) & cost ($) per total respondent respondent response annual cost ($) ($)

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

Generator Owners, Dis- 20 1 20 94 hrs.; $7,708 ...... 1,880 hrs.; $154,160 ...... $7,708 tribution Providers, and Transmission Owners (Exception Request). All Registered Entities 186 1 186 350 hrs.; $28,700 .. 65,100 hrs.; $5,338,200 28,700 (Implementation Plans and Compliance). Local Distribution Deter- 1 1 1 92 hrs.; $7,544 ...... 92 hrs.; $7,544 ...... 7,544 minations.

Total ...... 207 ...... 67,072 hrs.; $5,499,904 ......

Comments: Comments are invited on: Dated: August 7, 2019. DEPARTMENT OF THE INTERIOR (1) Whether the collection of Kimberly D. Bose, information is necessary for the proper Secretary. Fish and Wildlife Service performance of the functions of the [FR Doc. 2019–17250 Filed 8–12–19; 8:45 am] [FWS–HQ–ES–2019–N033; Commission, including whether the BILLING CODE 6717–01–P information will have practical utility; FXES11130100000C4–190–FF02ENEH00] (2) the accuracy of the agency’s Endangered and Threatened Wildlife estimates of the burden and cost of the and Plants; 28 Draft Recovery Plan collection of information, including the Revisions for 53 Species in the validity of the methodology and Southeast, Mountain-Prairie, and assumptions used; (3) ways to enhance Pacific Southwest Regions of the the quality, utility and clarity of the United States information collection; and (4) ways to minimize the burden of the collection of Correction information on those who are to In notice document 2019–16749, respond, including the use of automated beginning on page 38284 in the issue of collection techniques or other forms of August 6, 2019, make the following information technology. correction:

1 Revisions to Electric Reliability Organization at P 13 (2013). On March 20, 2014, the Commission Bureau of Labor Statistics for the Utilities sector Definition of Bulk Electric System and Rules of approved NERC’s revisions to the definition of bulk (available at http://www.bls.gov/oes/current/naics2_ Procedure, Order No. 773, 141 FERC 61,236 (2012); electric system and determined the revisions either 22.htm) and updated March 2019 for benefits order on reh’g, Order No. 773–A, 143 FERC 61,053 adequately address the Commission’s Order Nos. information (at http://www.bls.gov/news.release/ 773 and 773–A directives or provide an equally (2013); order on reh’g and clarification, 144 FERC ecec.nr0.htm). The hourly estimates for salary plus effective and efficient approach. See order 61,174 (2013); aff’d sub nom., People of the State approving revised definition, 146 FERC ¶ 61,199 benefits are: of New York and the Pub. Serv. Comm’n of New (2014). —Legal (code 23–0000), $142.86 York v. FERC, No. 13–2316 (2d. Cir. 2015). On June 2 Burden is defined as the total time, effort, or —File Clerks (code 43–4071), $34.50 13, 2013, the Commission granted NERC’s request financial resources expended by persons to —Electrical Engineer (code 17–2071), $68.17 for extension of time and extended the effective generate, maintain, retain, or disclose or provide The average hourly burden cost for this collection date for the revised definition of bulk electric information to or for a federal agency. See 5 CFR system and the Rules of Procedure exception 1320 for additional information on the definition of is $81.84 [($142.86 + $34.50 + $68.17) / 3 = $81.84] process to July 1, 2014. Revisions to Electric information collection burden. and is rounded to $82.00 an hour. Reliability Organization Definition of Bulk Electric 3 The estimated hourly cost (salary plus benefits) System and Rules of Procedure, 143 FERC 61,231, is based on the figures for May 2018 posted by the

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On page 38285, in the table, on the Filed Date: 8/6/19. DEPARTMENT OF ENERGY first line, in column six, the URL Accession Number: 20190806–5153. https://ecos.fws.gov/docs/recovery_ Comments Due: 5 p.m. ET 8/27/19. Federal Energy Regulatory plan/Orangenacre%20Mucket Docket Numbers: ER19–2539–000. Commission %20Recovery%20Plan Applicants: Emera Maine. [Project No. 2880–015] %20Amendment.pdf should read Description: Tariff Cancellation: _ https://ecos.fws.gov/docs/recovery Notice of Termination of Expired plan/Orange-nacre%20Mucket Notice of Application Tendered for Service Agreement—First Wind Energy Filing With the Commission and %20Recovery%20Plan%20Amendment. to be effective 8/6/2019. pdf. Soliciting Additional Study Requests Filed Date: 8/7/19. and Establishing Procedural Schedule [FR Doc. C1–2019–16749 Filed 8–12–19; 8:45 am] Accession Number: 20190807–5014. for Licensing and Deadline for BILLING CODE 1301–00–D Comments Due: 5 p.m. ET 8/28/19. Submission of Final Amendments: Docket Numbers: ER19–2540–000. Cherokee Falls Hydroelectric Project, Applicants: Emera Maine. LLC DEPARTMENT OF ENERGY Description: Tariff Cancellation: Notice of Termination of Expired Take notice that the following Federal Energy Regulatory hydroelectric application has been filed Commission Service Agreement—Blue Sky West, LLC to be effective 10/27/2016. with the Commission and is available for public inspection. Combined Notice of Filings #1 Filed Date: 8/7/19. a. Type of Application: New License. Accession Number: 20190807–5015. b. Project No.: 2880–015. Take notice that the Commission Comments Due: 5 p.m. ET 8/28/19. received the following electric corporate c. Date Filed: July 31, 2019. filings: Docket Numbers: ER19–2541–000. d. Applicant: Cherokee Falls Applicants: Emera Maine. Hydroelectric Project, LLC. Docket Numbers: EC19–117–000. Description: Tariff Cancellation: Applicants: Simon Solar Farm LLC. e. Name of Project: Cherokee Falls Notice of Termination of Expired Description: Application for Hydroelectric Project (Cherokee Falls Service Agreement—Aroostook Wind to Authorization Under Section 203 of the Project). be effective 10/8/2019. Federal Power Act, et al. of Simon Solar f. Location: The existing project is Filed Date: 8/7/19. Farm LLC. located the Broad River, in Cherokee Accession Number: 20190807–5016. Filed Date: 8/6/19. County, South Carolina. The project Accession Number: 20190806–5167. Comments Due: 5 p.m. ET 8/28/19. does not affect federal lands. Comments Due: 5 p.m. ET 8/27/19. Docket Numbers: ER19–2542–000. g. Filed Pursuant to: Federal Power Take notice that the Commission Applicants: PJM Interconnection, Act, 16 U.S.C. 791(a)–825(r). received the following electric rate L.L.C. h. Applicant Contact: Beth E. Harris, filings: Description: § 205(d) Rate Filing: Southwest Regional Engineer, Enel Original WMPA SA No. 5451; Queue Green Power North America, Inc., 11 Docket Numbers: ER18–1156–001. No. AD1–018 to be effective 7/9/2019. Anderson Street, Piedmont, SC 29673; Applicants: St. Joseph Energy Center, Filed Date: 8/7/19. Telephone (864) 846–0042 ext. 100; LLC. Accession Number: 20190807–5049. [email protected]. Description: Report Filing: Refund Comments Due: 5 p.m. ET 8/28/19. i. FERC Contact: Michael Spencer at Report to be effective N/A. (202) 502–6093, or at michael.spencer@ Filed Date: 8/7/19. The filings are accessible in the Commission’s eLibrary system by ferc.gov. Accession Number: 20190807–5047. j. Cooperating agencies: Federal, state, Comments Due: 5 p.m. ET 8/28/19. clicking on the links or querying the docket number. local, and tribal agencies with Docket Numbers: ER18–2002–001. jurisdiction and/or special expertise Applicants: Essential Power Rock Any person desiring to intervene or protest in any of the above proceedings with respect to environmental issues Springs, LLC. that wish to cooperate in the Description: Report Filing: Refund must file in accordance with Rules 211 and 214 of the Commission’s preparation of the environmental Report to be effective N/A. document should follow the Filed Date: 8/7/19. Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern instructions for filing such requests Accession Number: 20190807–5042. described in item l below. Cooperating Comments Due: 5 p.m. ET 8/28/19. time on the specified comment date. Protests may be considered, but agencies should note the Commission’s Docket Numbers: ER19–2537–000. intervention is necessary to become a policy that agencies that cooperate in Applicants: California Independent party to the proceeding. the preparation of the environmental System Operator Corporation. eFiling is encouraged. More detailed document cannot also intervene. See, 94 Description: § 205(d) Rate Filing: information relating to filing FERC 61,076 (2001). 2019–08–06 Non-conforming Reliability requirements, interventions, protests, k. Pursuant to section 4.32(b)(7) of 18 Coordinator Service Agreement— service, and qualifying facilities filings CFR of the Commission’s regulations, if Gridforce to be effective 10/7/2019. can be found at: http://www.ferc.gov/ any resource agency, Indian Tribe, or Filed Date: 8/6/19. docs-filing/efiling/filing-req.pdf. For person believes that an additional Accession Number: 20190806–5145. other information, call (866) 208–3676 scientific study should be conducted in Comments Due: 5 p.m. ET 8/27/19. (toll free). For TTY, call (202) 502–8659. order to form an adequate factual basis Docket Numbers: ER19–2538–000. for a complete analysis of the Applicants: Black Hills Power, Inc. Dated: August 7, 2019. application on its merit, the resource Description: § 205(d) Rate Filing: Kimberly D. Bose, agency, Indian Tribe, or person must file Second Amended Generation Dispatch Secretary. a request for a study with the and Energy Management Agreement to [FR Doc. 2019–17249 Filed 8–12–19; 8:45 am] Commission not later than 60 days from be effective 9/3/2019. BILLING CODE 6717–01–P the date of filing of the application, and

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serve a copy of the request on the For assistance, contact FERC Online [email protected] or toll applicant. Support. free at (866) 208–3676, or TTY, contact l. Deadline for filing additional study p. Procedural Schedule and final (202) 502–8659. requests and requests for cooperating amendments: The application will be Any questions concerning this agency status: September 30, 2019. processed according to the following application may be directed to Matthew The Commission strongly encourages preliminary Hydro Licensing Schedule. Eggerding, Assistant General Counsel, electronic filing. Please file additional Revisions to the schedule will be made Equitrans, LP, 2200 Energy Drive, study requests and requests for as appropriate. Canonsburg, Pennsylvania 15317, by cooperating agency status using the Issue Deficiency Letter (if necessary)— telephone at (412) 553–5786, or by Commission’s eFiling system at http:// October 2019 email at meggerding@ www.ferc.gov/docs-filing/efiling.asp. For Issue Acceptance Letter—November equitransmidstream.com. assistance, please contact FERC Online 2019 Any person or the Commission’s staff Support at FERCOnlineSupport@ Issue Scoping Document—December may, within 60 days after issuance of ferc.gov, (866) 208–3676 (toll free), or 2019 the instant notice by the Commission, (202) 502–8659 (TTY). In lieu of Request Additional information (if file pursuant to Rule 214 of the electronic filing, please send a paper necessary)—February 2020 Commission’s Procedural Rules (18 CFR copy to: Secretary, Federal Energy Notice of Ready for Environmental 385.214) a motion to intervene or notice Regulatory Commission, 888 First Street Analysis—May 2020 of intervention and pursuant to section NE, Washington, DC 20426. The first Filing of recommendations, preliminary 157.205 of the regulations under the page of any filing should include docket terms and conditions, and fishway NGA (18 CFR 157.205), a protest to the number P–2280–015. prescriptions—July 2020 request. If no protest is filed within the m. This application is not ready for Commission issues EA—October 2020 time allowed therefore, the proposed environmental analysis at this time. Comments on EA—November 2020 activity shall be deemed to be authorized effective the day after the n. Project Description: The Cherokee Final amendments to the application time allowed for filing a protest. If a Falls Project consists of: (1) A 1,819- must be filed with the Commission no protest is filed and not withdrawn foot-long granite masonry dam with a later than 30 days from the issuance within 30 days after the allowed time 1,701-foot-long spillway and 4-foot-high date of the notice of ready for for filing a protest, the instant request flashboards; (2) a reservoir with a environmental analysis. shall be treated as an application for surface area of 83 acres and a storage Dated: August 7, 2019. authorization pursuant to section 7 of capacity of 140 acre-feet; (3) a trash rack Kimberly D. Bose, the NGA. intake; (4) a 130-foot-long powerhouse Secretary. Pursuant to section 157.9 of the containing one generating unit with a Commission’s rules, 18 CFR 157.9, capacity of 4,140 kilowatts and an [FR Doc. 2019–17252 Filed 8–12–19; 8:45 am] BILLING CODE 6717–01–P within 90 days of this Notice the annual generation of 9,354.9 megawatt- Commission staff will either: Complete hours; (5) a 150-foot-long tailrace; (6) its environmental assessment (EA) and 93-foot-long generator leads to three DEPARTMENT OF ENERGY place it into the Commission’s public 500-kilovolt transformers and (7) a 200- record (eLibrary) for this proceeding, or foot-long transmission line to a point of Federal Energy Regulatory issue a Notice of Schedule for interconnection with the grid. Commission Environmental Review. If a Notice of The Project is operated in a run-of- Schedule for Environmental Review is [Docket No. CP19–493–000] river mode with a continuous year issued, it will indicate, among other round minimum flow of 65 cubic feet Equitrans, LP; Notice of Request milestones, the anticipated date for the per second (cfs) in the bypassed reach. Under Blanket Authorization Commission staff’s issuance of the final Project operation starts when inflows environmental impact statement (FEIS) exceed 665 cfs, the sum of the minimum Take notice that on July 30, 2019, or EA for this proposal. The filing of the hydraulic capacity of the turbine (600 Equitrans, LP (Equitrans), 2200 Energy EA in the Commission’s public record cfs) and the minimum flow. All flows Drive, Canonsburg, Pennsylvania 15317, for this proceeding or the issuance of a greater than 3,165 cfs, which is the sum filed in Docket No. CP19–493–000 a Notice of Schedule for Environmental of the maximum hydraulic capacity of prior notice request pursuant to sections Review will serve to notify federal and the turbine (3,100 cfs) and the minimum 157.205, and 157.216 of the state agencies of the timing for the flow, are passed over the spillway. Commission’s regulations under the completion of all necessary reviews, and o. A copy of the application is Natural Gas Act (NGA), and Equitrans’ the subsequent need to complete all available for review at the Commission blanket certificate issued in Docket No. federal authorizations within 90 days of in the Public Reference Room or may be CP96–532–000, to abandon by sale to the date of issuance of the Commission viewed on the Commission’s website at Peoples Natural Gas Company, LLC staff’s FEIS or EA. http://www.ferc.gov, using the eLibrary approximately 4,287 feet of its TP–7575 Persons who wish to comment only link. Enter the docket number, Pipeline, located in Allegheny County, on the environmental review of this excluding the last three digits in the Pennsylvania, all as more fully set forth project should submit an original and docket number field, to access the in the application which is on file with two copies of their comments to the document. For assistance, contact FERC the Commission and open to public Secretary of the Commission. Online Support. A copy is also available inspection. Environmental commenters will be for inspection and reproduction at the The filing may also be viewed on the placed on the Commission’s address in paragraph h. web at http://www.ferc.gov using the environmental mailing list, and will be You may also register online at http:// ‘‘eLibrary’’ link. Enter the docket notified of any meetings associated with www.ferc.gov/docs-filing/ number excluding the last three digits in the Commission’s environmental review esubscription.asp to be notified via the docket number field to access the process. Environmental commenters email of new filings and issuances document. For assistance, please contact will not be required to serve copies of related to this or other pending projects. FERC Online Support at filed documents on all other parties.

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However, the non-party commenters, k. With this notice, we are initiating DEPARTMENT OF ENERGY will not receive copies of all documents informal consultation with the U.S. Fish filed by other parties or issued by the and Wildlife Service under section 7 of Federal Energy Regulatory Commission and will not have the right the Endangered Species Act and the Commission to seek court review of the joint agency regulations thereunder at Combined Notice of Filings Commission’s final order. 50 CFR, Part 402. We are also initiating The Commission strongly encourages consultation with the Idaho State Take notice that the Commission has electronic filings of comments, protests Historic Preservation Officer, as received the following Natural Gas and interventions in lieu of paper using required by section 106, National Pipeline Rate and Refund Report filings: the eFiling link at http://www.ferc.gov. Historic Preservation Act, and the Persons unable to file electronically Filings Instituting Proceedings implementing regulations of the should submit an original and seven Advisory Council on Historic Docket Numbers: RP19–1452–000. copies of the protest or intervention to Preservation at 36 CFR 800.2. Applicants: Algonquin Gas the Federal Energy Regulatory Transmission, LLC. Commission, 888 First Street NE, l. With this notice, we are designating Description: § 4(d) Rate Filing: Aug Washington, DC 20426. BCB as the Commission’s non-federal 2019 Negotiated Rates Cleanup Filing to Dated: August 7, 2019. representative for carrying out informal be effective 9/1/2019. Kimberly D. Bose, consultation pursuant to section 7 of the Filed Date: 8/2/19. Secretary. Endangered Species Act; and Accession Number: 20190802–5003. consultation pursuant to section 106 of [FR Doc. 2019–17251 Filed 8–12–19; 8:45 am] Comments Due: 5 p.m. ET 8/14/19. the National Historic Preservation Act. BILLING CODE 6717–01–P Docket Numbers: RP19–1453–000. m. BCB filed a Pre-Application Applicants: Texas Eastern Document (PAD) with the Commission, Transmission, LP. DEPARTMENT OF ENERGY pursuant to 18 CFR 5.6 of the Description: Compliance filing Commission’s regulations. Termination of Rate Schedule X–128 to Federal Energy Regulatory be effective 9/2/2019. Commission n. A copy of the PAD is available for review at the Commission in the Public Filed Date: 8/2/19. Accession Number: 20190802–5004. [Project No. 8866–012] Reference Room or may be viewed on Comments Due: 5 p.m. ET 8/14/19. Black Canyon Bliss, LLC; Notice of the Commission’s website (http:// www.ferc.gov), using the eLibrary link. Docket Numbers: RP19–1454–000. Intent To File License Application, Applicants: El Paso Natural Gas Filing of Pre-Application Document, Enter the docket number, excluding the last three digits in the docket number Company, L.L.C. Approving Use of The Traditional Description: § 4(d) Rate Filing: field to access the document. For Licensing Process Negotiated Rate Agreement Update assistance, contact FERC Online a. Type of Filing: Notice of Intent to (Conoco Aug 2019) to be effective 8/5/ Support at FERCONlineSupport@ 2019. File License Application and Request ferc.gov, (866) 208–3676 (toll free), or To Use the Traditional Licensing Filed Date: 8/2/19. (202) 502–8659 (TTY). A copy is also Accession Number: 20190802–5067. Process. available for inspection and b. Project No.: 8866–012. Comments Due: 5 p.m. ET 8/14/19. reproduction at the address in c. Date Filed: February 28, 2019. Docket Numbers: RP19–238–002. d. Submitted By: Black Canyon Bliss, paragraph h. Applicants: Southwest Gas LLC (BCB). o. The licensee states its unequivocal Transmission Company, A Limited e. Name of Project: Stevenson No. 2 intent to submit an application for a Partnership. Hydroelectric Project. new license for Project No. 8866. Description: Compliance filing f. Location: On an unnamed tributary Pursuant to 18 CFR 16.8, 16.9, and 16.10 Compliance Filing to Settlement to be to the Snake River in Gooding County, each application for a new license and effective 8/14/2017. Idaho. No federal lands are occupied by any competing license applications Filed Date: 8/2/19. the project works or located within the must be filed with the Commission at Accession Number: 20190802–5031. project boundary. least 24 months prior to the expiration Comments Due: 5 p.m. ET 8/14/19. g. Filed Pursuant to: 18 CFR 5.3 of the Commission’s regulations. of the existing license. All applications Docket Numbers: RP19–1455–000. h. Potential Applicant Contact: Chris for license for this project must be filed Applicants: Gulf South Pipeline Capps, Project Manager, Black Canyon by March 1, 2022. Company, LP. Bliss LLC, P.O. Box 95, Rupert, Idaho p. Register online at http:// Description: § 4(d) Rate Filing: Perm 83350; (208) 934–6711; or email at www.ferc.gov/docs-filing/ Cap Rel Related Neg Rate Agmts (PH 41448, 41455 to BP 51410, 51411) to be [email protected]. esubscription.asp to be notified via effective 8/1/2019. i. FERC Contact: Julia Kolberg at (202) email of new filing and issuances Filed Date: 8/5/19. 502–8261; or email at julia.kolberg@ related to this or other pending projects. ferc.gov. Accession Number: 20190805–5082. For assistance, contact FERC Online Comments Due: 5 p.m. ET 8/19/19. j. Black Canyon Bliss, LLC filed its Support. request to use the Traditional Licensing Docket Numbers: RP19–1456–000. Process on February 28, 2019. BCB Dated: August 6, 2019. Applicants: Southern Star Central Gas provided public notice of its request on Kimberly D. Bose, Pipeline, Inc. June 13, 2019. In a letter dated July 15, Secretary. Description: § 4(d) Rate Filing: Vol.2— 2019, the Director of the Division of [FR Doc. 2019–17295 Filed 8–12–19; 8:45 am] Negotiated Rate and Non-Conforming Hydropower Licensing approved BCB’s Agreement—K2 Commodities to be BILLING CODE 6717–01–P request to use the Traditional Licensing effective 8/3/2019. Process. Filed Date: 8/5/19.

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Accession Number: 20190805–5094. Description: Compliance filing: Protests may be considered, but Comments Due: 5 p.m. ET 8/19/19. Revised Tariff Record Reactive Service intervention is necessary to become a Docket Numbers: RP19–976–001. for Keys to be effective 7/3/2018. party to the proceeding. Applicants: Tennessee Gas Pipeline Filed Date: 8/6/19. eFiling is encouraged. More detailed Company, L.L.C. Accession Number: 20190806–5104. information relating to filing Description: Compliance filing Comments Due: 5 p.m. ET 8/27/19. requirements, interventions, protests, NAESB Version 3.1 Compliance Docket Numbers: ER19–2343–001. service, and qualifying facilities filings Filing—Revised Sheet No. 394H to be Applicants: 2018 ESA Project can be found at: http://www.ferc.gov/ effective 8/1/2019. Company, LLC. docs-filing/efiling/filing-req.pdf. For Filed Date: 8/5/19. Description: Tariff Amendment: other information, call (866) 208–3676 Accession Number: 20190805–5073. (toll free). For TTY, call (202) 502–8659. Comments Due: 5 p.m. ET 8/19/19. Supplement to Application to be effective 9/1/2019. Dated: August 6, 2019. The filings are accessible in the Filed Date: 7/31/19. Commission’s eLibrary system by Kimberly D. Bose, Accession Number: 20190731–5144. Secretary. clicking on the links or querying the Comments Due: 5 p.m. ET 8/12/19. docket number. [FR Doc. 2019–17292 Filed 8–12–19; 8:45 am] Any person desiring to intervene or Docket Numbers: ER19–2507–001; BILLING CODE 6717–01–P protest in any of the above proceedings ER13–1793–013; ER12–1260–014. must file in accordance with Rules 211 Applicants: Convergent Energy and and 214 of the Commission’s Power LP, Hazle Spindle, LLC, DEPARTMENT OF ENERGY Regulations (18 CFR 385.211 and Stephentown Spindle, LLC. 385.214) on or before 5:00 p.m. Eastern Description: Notice of Change in Federal Energy Regulatory time on the specified comment date. Status of the Convergent MBR Sellers, et Commission Protests may be considered, but al. intervention is necessary to become a Filed Date: 8/5/19. [Docket No. RM98–1–000] party to the proceeding. Accession Number: 20190805–5105. eFiling is encouraged. More detailed Comments Due: 5 p.m. ET 8/26/19. Records Governing Off-the-Record information relating to filing Docket Numbers: ER19–2534–000. Communications; Public Notice requirements, interventions, protests, Applicants: Citizens Energy This constitutes notice, in accordance service, and qualifying facilities filings Corporation. with 18 CFR 385.2201(b), of the receipt can be found at: http://www.ferc.gov/ Description: Baseline eTariff Filing: of prohibited and exempt off-the-record docs-filing/efiling/filing-req.pdf. For Application, Request for Waiver and communications. other information, call (866) 208–3676 Baseline MBR Tariff to be effective 8/10/ (toll free). For TTY, call (202) 502–8659. 2019. Order No. 607 (64 FR 51222, Filed Date: 8/6/19. September 22, 1999) requires Dated: August 6, 2019. Commission decisional employees, who Kimberly D. Bose, Accession Number: 20190806–5000. Comments Due: 5 p.m. ET 8/27/19. make or receive a prohibited or exempt Secretary. off-the-record communication relevant Docket Numbers: ER19–2535–000. [FR Doc. 2019–17293 Filed 8–12–19; 8:45 am] to the merits of a contested proceeding, Applicants: Southwest Power Pool, BILLING CODE 6717–01–P to deliver to the Secretary of the Inc. Commission, a copy of the Description: § 205(d) Rate Filing: communication, if written, or a DEPARTMENT OF ENERGY Revisions to Enhance Market summary of the substance of any oral Settlements Associated with Emergency communication. Federal Energy Regulatory Energy to be effective 10/7/2019. Prohibited communications are Commission Filed Date: 8/6/19. included in a public, non-decisional file Accession Number: 20190806–5052. associated with, but not a part of, the Combined Notice of Filings #1 Comments Due: 5 p.m. ET 8/27/19 decisional record of the proceeding. Take notice that the Commission Docket Numbers: ER19–2536–000. Unless the Commission determines that received the following electric corporate Applicants: Emera Maine. the prohibited communication and any filings: Description: Tariff Cancellation: responses thereto should become a part Docket Numbers: EC19–63–000. Notice of Termination of Expired of the decisional record, the prohibited Applicants: NRG Wholesale Service Agreement—Passadumkeag off-the-record communication will not Generation LP, Entergy Mississippi, Windpark, LLC to be effective 10/29/ be considered by the Commission in LLC. 2014. reaching its decision. Parties to a Description: Supplement to Joint Filed Date: 8/6/19. proceeding may seek the opportunity to Application for Authorization Under Accession Number: 20190806–5064. respond to any facts or contentions Section 203 of the Federal Power Act Comments Due: 5 p.m. ET 8/27/19. made in a prohibited off-the-record [Exhibit M] of NRG Wholesale The filings are accessible in the communication, and may request that Generation LP, et al. Commission’s eLibrary system by the Commission place the prohibited Filed Date: 8/5/19. clicking on the links or querying the communication and responses thereto Accession Number: 20190805–5104. docket number. in the decisional record. The Comments Due: 5 p.m. ET 8/15/19. Any person desiring to intervene or Commission will grant such a request Take notice that the Commission protest in any of the above proceedings only when it determines that fairness so received the following electric rate must file in accordance with Rules 211 requires. Any person identified below as filings: and 214 of the Commission’s having made a prohibited off-the-record Docket Numbers: ER18–1222–006. Regulations (18 CFR 385.211 and communication shall serve the Applicants: PSEG Energy Resources & 385.214) on or before 5:00 p.m. Eastern document on all parties listed on the Trade LLC. time on the specified comment date. official service list for the applicable

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proceeding in accordance with Rule The following is a list of off-the- Commission’s website at http:// 2010, 18 CFR 385.2010. record communications recently www.ferc.gov using the eLibrary link. Exempt off-the-record received by the Secretary of the Enter the docket number, excluding the communications are included in the Commission. The communications last three digits, in the docket number decisional record of the proceeding, listed are grouped by docket numbers in field to access the document. For unless the communication was with a ascending order. These filings are assistance, please contact FERC Online cooperating agency as described by 40 available for electronic review at the Support at FERCOnlineSupport@ CFR 1501.6, made under 18 CFR Commission in the Public Reference ferc.gov or toll free at (866) 208–3676, or 385.2201(e)(1)(v). Room or may be viewed on the for TTY, contact (202) 502–8659.

Docket No. File date Presenter or requester

Prohibited: 1. CP17–495–000 ...... 7–24–2019 Sally Wells. 2. CP15–554–000; CP15–554–001; CP15–555–000 ...... 7–24–2019 Janet K. Speare. 3. CP18–46–000; CP18–46–001 ...... 7–25–2019 Tina and Frank Daly. 4. CP16–10–000; CP16–13–000 ...... 7–30–2019 Jim Steitz. 5. CP18–46–000 ...... 8–1–2019 Sheila A. McCarthy. 6. CP15–554–000 ...... 8–2–2019 William F. Limpert. Exempt: None.

Dated: August 6, 2019. interventions in lieu of paper, using the ENVIRONMENTAL PROTECTION Kimberly D. Bose, FERC Online links at http:// AGENCY Secretary. www.ferc.gov. To facilitate electronic [EPA–HQ–OAR–2019–0454; FRL–9997–87– [FR Doc. 2019–17296 Filed 8–12–19; 8:45 am] service, persons with internet access OAR] BILLING CODE 6717–01–P who will eFile a document and/or be listed as a contact for an intervenor Conference on Air Quality Modeling must create and validate an DEPARTMENT OF ENERGY AGENCY: Environmental Protection eRegistration account using the Agency (EPA). eRegistration link. Select the eFiling Federal Energy Regulatory ACTION: Notice of conference. Commission link to log on and submit the intervention or protests. SUMMARY: The Environmental Protection [Docket No. ER19–2534–000] Persons unable to file electronically Agency (EPA) announces its Twelfth should submit an original and 5 copies Conference on Air Quality Modeling. Citizens Energy Corporation; Such a conference is required by section Supplemental Notice That Initial of the intervention or protest to the Federal Energy Regulatory Commission, 320 of the Clean Air Act (CAA) to be Market-Based Rate Filing Includes held every 3 years. The purposes of the 888 First Street NE, Washington, DC Request for Blanket Section 204 Twelfth Conference are to provide an 20426. Authorization overview of the latest features of the This is a supplemental notice in the The filings in the above-referenced currently preferred air quality models above-referenced Citizens Energy proceeding are accessible in the and to provide a forum for public Corporation’s application for market- Commission’s eLibrary system by review and comment on potential based rate authority, with an clicking on the appropriate link in the revisions to the way the Agency accompanying rate tariff, noting that above list. They are also available for determines and applies the appropriate such application includes a request for electronic review in the Commission’s air quality models in the future. blanket authorization, under 18 CFR Public Reference Room in Washington, DATES: part 34, of future issuances of securities DC. There is an eSubscription link on Comments: Comments on potential and assumptions of liability. the website that enables subscribers to revisions to the way the Agency Any person desiring to intervene or to receive email notification when a determines and applies the appropriate protest should file with the Federal document is added to a subscribed air quality models must be received on Energy Regulatory Commission, 888 docket(s). For assistance with any FERC or before November 4, 2019. Conference: The conference will be First Street NE, Washington, DC 20426, Online service, please email held on October 2 through 3, 2019, from in accordance with Rules 211 and 214 [email protected]. or call of the Commission’s Rules of Practice 8:30 a.m. to 5:00 p.m. Requests to speak (866) 208–3676 (toll free). For TTY, call and Procedure (18 CFR 385.211 and at the conference should be submitted to 385.214). Anyone filing a motion to (202) 502–8659. the individual listed below in the FOR intervene or protest must serve a copy Dated: August 6, 2019. FURTHER INFORMATION CONTACT section of that document on the Applicant. Kimberly D. Bose, by September 13, 2019. Notice is hereby given that the Secretary. ADDRESSES: deadline for filing protests with regard Comments: Submit your comments, [FR Doc. 2019–17294 Filed 8–12–19; 8:45 am] to the applicant’s request for blanket identified by Docket ID No. EPA–HQ– authorization, under 18 CFR part 34, of BILLING CODE 6717–01–P OAR–2019–0454 by one of the following future issuances of securities and methods: assumptions of liability, is August 26, • http://www.regulations.gov: Follow 2019. the on-line instructions for submitting The Commission encourages comments. This is the EPA’s preferred electronic submission of protests and method for receiving comments.

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• Email: Comments may be sent by www.regulations.gov index. Although as CBI and then identify electronically electronic mail (email) to a-and-r- listed in the index, some information is within the disk or CD–ROM the specific [email protected], Attention Docket ID not publicly available, e.g., CBI or other information that is claimed as CBI. In No. EPA–HQ–OAR–2019–0454. information whose disclosure is addition to one complete version of the • Fax: Fax your comments to (202) restricted by statute. Certain other comment that includes information 566–9744, Attention Docket ID No. material, such as copyrighted material, claimed as CBI, a copy of the comment EPA–HQ–OAR–2019–0454. will be publicly available only in hard that does not contain the information • Mail: Send your comments to: Air copy form. Publicly available docket claimed as CBI must be submitted for and Radiation Docket and Information materials are available either inclusion in the public docket. Center, Environmental Protection electronically in http:// Information marked as CBI will not be Agency, Mailcode: 2822T, 1200 www.regulations.gov or in hard copy at disclosed except in accordance with Pennsylvania Ave. NW, Washington, DC the Air Docket in the EPA Docket procedures set forth in Title 40 Code of 20460, Attention Docket ID No. EPA– Center, EPA West, Room 3334, 1301 Federal Regulations (CFR) part 2. HQ–OAR–2019–0454. Constitution Ave. NW, Washington, DC. Do not submit information that you • Hand delivery or courier: Deliver This Docket Facility is open from 8:30 consider to be CBI or otherwise your comments to EPA Docket Center, a.m. to 4:30 p.m., Monday through protected through http:// 1301 Constitution Ave. NW, Room 3334, Friday, excluding legal holidays. The www.regulations.gov or email. Send or Washington, DC. Such deliveries are Docket telephone number is (202) 566– deliver information identified as CBI to only accepted during the Docket’s 1742; fax (202) 566–9744. only the following address: OAQPS normal hours of operation, and special FOR FURTHER INFORMATION CONTACT: Document Control Officer (Room C404– arrangements should be made for George Bridgers, Environmental 02), U.S. EPA, Research Triangle Park, deliveries of boxed information. Protection Agency, Office of Air Quality NC 27711, Attention Docket ID No. Instructions: Direct your comments to Planning and Standards, Air Quality EPA–HQ–OAR–2019–0454. Docket ID No. EPA–HQ–OAR–2019– Assessment Division, Mail Code C439– If you have any questions about CBI 0454. The EPA’s policy is that all 01, Research Triangle Park, NC 27711; or the procedures for claiming CBI, comments received will be included in telephone: (919) 541–5563; fax: (919) please consult the person identified in the public docket without change and 541–0044; email address: the FOR FURTHER INFORMATION CONTACT may be made available online at http:// [email protected]. section. www.regulations.gov, including any SUPPLEMENTARY INFORMATION: Docket: All documents in the docket personal information provided, unless are listed in the http:// the comment includes information I. General Information www.regulations.gov index. Although claimed to be Confidential Business A. Written Comments listed in the index, some information is Information (CBI) or other information not publicly available, e.g., CBI Submit your comments, identified by whose disclosure is restricted by statute. (Confidential Business Information) or Docket ID No. EPA–HQ–OAR–2019– Do not submit information that you other information whose disclosure is 0454, at https://www.regulations.gov consider to be CBI or otherwise restricted by statute. Certain other (our preferred method), or the other protected through http:// material, such as copyrighted material, methods identified in the ADDRESSES www.regulations.gov or email. The will be publicly available only in hard section. Once submitted, comments http://www.regulations.gov website is copy. Publicly available docket cannot be edited or removed from the an ‘‘anonymous access’’ system, which materials are available either docket. The EPA may publish any means the EPA will not know your electronically in http:// comment received to its public docket. identity or contact information unless www.regulations.gov or in hard copy at you provide it in the body of your Do not submit electronically any the EPA Docket Center, EPA/DC, EPA comment. If you send an email information you consider to be WJC West Building, Room 3334, 1301 comment directly to the EPA without Confidential Business Information (CBI) Constitution Ave. NW, Washington, DC. going through http:// or other information whose disclosure is This Docket Facility is open from 8:30 www.regulations.gov, your email restricted by statute. Multimedia a.m. to 4:30 p.m., Monday through address will be automatically captured submissions (audio, video, etc.) must be Friday, excluding legal holidays. The and included as part of the comment accompanied by a written comment. telephone number for the Public that is placed in the public docket and The written comment is considered the Reading Room is (202) 566–1744, and made available on the internet. If you official comment and should include the telephone number for the Air Docket submit an electronic comment, the EPA discussion of all points you wish to is (202) 566–1742. recommends that you include your make. The EPA will generally not name and other contact information in consider comments or comment B. Background Information the body of your comment and with any contents located outside of the primary Additional information and a more disk or CD–ROM you submit. If the EPA submission (i.e., on the Web, cloud, or detailed agenda are electronically cannot read your comment due to other file sharing system). For available at https://www.epa.gov/scram/ technical difficulties and cannot contact additional submission methods, the full 12th-conference-air-quality-modeling. you for clarification, the EPA may not EPA public comment policy, be able to consider your comment. information about CBI or multimedia C. Conference Electronic files should avoid the use of submissions, and general guidance on The conference will be held in the special characters, any form of making effective comments, please visit EPA Auditorium, Room C111, 109 T.W. encryption, and be free of any defects or https://www.epa.gov/dockets/ Alexander Drive, Research Triangle viruses. For additional information commenting-epa-dockets. Park, NC 27711. about the EPA’s public docket, visit the Submitting CBI: Clearly mark the part EPA Docket Center homepage at http:// or all of the information that you claim II. Background www.epa.gov/epahome/dockets.htm. to be CBI. For CBI information in a disk The Guideline on Air Quality Models Docket: All documents in the docket or CD–ROM that you mail to the EPA, (Guideline), which is found in are listed in the http:// mark the outside of the disk or CD–ROM Appendix W to 40 CFR (Code of Federal

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Regulations) part 51, is used by the EPA, guidance for compliance presentations, the public hearing on the other federal, state, territorial, local, and demonstrations of the fine particulate proposed revisions to the Guideline was tribal air quality agencies, and industry matter (PM2.5) National Ambient Air convened. The EPA presentations and to prepare and review new or modified Quality Standards (NAAQS); (4) the presentations from the public source permits, State Implementation modeling for compliance demonstration hearing, along with the transcript of the Plan (SIP) submittals or revisions, of the 1-hour nitrogen dioxide (NO2) conference proceedings, are available in conformity, and other air quality and sulfur dioxide (SO2) NAAQS; and the docket for the Eleventh Modeling assessments required under the CAA (5) new and emerging models/ Conference (Docket ID No. EPA–HQ– and EPA regulations. The Guideline techniques for future consideration OAR–2015–0310). Additionally, all of serves as a means by which national under the Guideline to address single- the materials associated with the consistency is maintained in air quality source modeling for ozone and Eleventh Modeling Conference and the analyses for regulatory activities under secondary PM2.5, as well as long-range public hearing are available on the 40 CFR 51.112, 51.117, 51.150, 51.160, transport and chemistry. Based on EPA’s SCRAM website at https:// 51.165, 51.166, 52.21, 93.116, 93.123, comments received from stakeholders at www3.epa.gov/ttn/scram/ and 93.150. the Tenth Modeling Conference, ‘‘Phase 11thmodconf.htm. The EPA originally published the 3’’ of the Interagency Workgroup on Air The 2015 proposed revisions to the Guideline in April 1978 (EPA–450/2– Quality Modeling (IWAQM) was Guideline were finalized and published 78–027), and it was incorporated by formalized in June 2013 to provide in the Federal Register (82 FR 5182) on reference in the regulations for the PSD additional guidance for modeling single- January 17, 2017. Supporting program in June 1978. The EPA revised source impacts on secondarily formed information on this final rule is the Guideline in 1986 (51 FR 32176), pollutants (e.g., ozone and PM2.5) in the available on the EPA’s SCRAM website and updated it with supplement A in near-field and for long-range transport. at https://www3.epa.gov/ttn/scram/ 1987 (53 FR 32081), supplement B in A transcript of the conference appendix_w-2016.htm and a direct link July 1993 (58 FR 38816), and proceedings and a summary of the to the final rule publication is https:// supplement C in August 1995 (60 FR public comments received are available www3.epa.gov/ttn/scram/guidance/ 40465). The EPA published the in the docket for the Tenth Modeling guide/appw_17.pdf. Guideline as appendix W to 40 CFR part Conference (Docket ID No. EPA–HQ– III. Public Participation 51 when the EPA issued supplement B. OAR–2012–0056). Additionally, all of The EPA republished the Guideline in the materials associated with this The Twelfth Conference on Air August 1996 (61 FR 41838) to adopt the conference are available on the EPA’s Quality Modeling will be open to the CFR system for labeling paragraphs. SCRAM website at https:// public; no admission fee is charged and Subsequently, the EPA revised the www3.epa.gov/ttn/scram/ there is no formal registration. The Guideline on April 15, 2003 (68 FR 10thmodconf.htm. conference will begin the first morning 18440), to adopt CALPUFF as the with introductory remarks by the preferred model for long-range transport The Eleventh Conference on Air Quality Modeling was held August 12– presiding EPA official. The following of emissions from 50 to several hundred topics will be presented: kilometers (km) and to make various 13, 2015, in continuing compliance with CAA section 320. This conference 1. Conference overview; editorial changes to update and 2. Currently preferred air quality reorganize information and remove included the public hearing for the proposed revisions to the Guideline. It models status and updates; obsolete models. The EPA further 3. Expert panel discussions and revised the Guideline on November 9, began with a thorough overview of these proposed revisions, including invited presentations on model/ 2005 (70 FR 68218), to adopt AERMOD technique enhancements: as the preferred model for near-field presentations from EPA staff on the • Treatment of low wind conditions dispersion of emissions for distances up formulation updates to the preferred • Building downwash to 50 km. The publication and models and the research and technical • Mobile source modeling incorporation of the Guideline into the evaluations that support these and other • Overwater modeling EPA’s Prevention of Significant revisions. Specifically, there were • Prognostic meteorological data Deterioration (PSD) regulations satisfies presentations summarizing the • Near-field and long-range model the requirement under CAA section proposed updates to the AERMOD modeling system; replacement of evaluation criteria 165(e)(3) for the EPA to promulgate • CALINE3 with AERMOD for modeling NO2 modeling techniques regulations that specify, with reasonable • particularity, models to be used under of mobile sources; incorporation of Single source O3 and PM2.5 modeling prognostic meteorological data for use techniques specified sets of conditions for purposes • of the PSD program. in dispersion modeling; the proposed Plume rise; On July 29, 2015, the EPA proposed screening approach for long-range 4. Model Clearinghouse and modeling the revisions to the Guideline in the transport for NAAQS and PSD guidance updates; and Federal Register (80 FR 45340). To increments assessments with use of 5. Other presentations by the public. inform the development of these CALPUFF as a screening technique Those wishing to speak at the proposed revisions to the Guideline and rather than an EPA-preferred model; the conference, whether to volunteer a in compliance with CAA section 320, proposed 2-tiered screening approach to presentation on a special topic or to the EPA held the Tenth Conference on address ozone and PM2.5 in PSD offer general comment on any of the Air Quality Modeling in March 2012. compliance demonstrations; the status modeling techniques scheduled for The conference addressed updates on and role of the Model Clearinghouse; presentation, should contact us at the (1) the regulatory status and future and updates to procedures for single- address given in the FOR FURTHER development of AERMOD and source and cumulative modeling INFORMATION CONTACT section (note the CALPUFF; (2) review of the Mesoscale analyses (e.g., modeling domain, source cutoff date). Such persons should Model Interface (MMIF) prognostic input data, background data, and identify the organization (if any) on meteorological data processing tool for compliance demonstration procedures). whose behalf they are speaking and the dispersion models; (3) draft modeling At the conclusion of these length of the presentation. If a

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presentation of general comments is the FIFRA SAP with this review. Any Please refer to the FIFRA SAP website projected to be longer than 10 minutes, interested person or organization may at http://www.epa.gov/sap for additional the presenter should also state why a nominate qualified individuals to be information including how to register. longer period is needed. Persons failing considered as prospective candidates for Nominations: Submit nominations of to submit a written notice but desiring this review by following the instructions candidates to serve as ad hoc reviewers, to speak at the conference should notify provided in this notice. to assist the FIFRA SAP with this the presiding officer immediately before DATES: review, to the DFO listed under FOR the conference, and they will be Meetings: The 4-day, public, in- FURTHER INFORMATION CONTACT. scheduled on a time-available basis. person meeting will be held November Special accommodations: For The conference will be conducted 19 to November 22, 2019, from 9:00 a.m. information on access or services for informally and chaired by an EPA to approximately 5:00 p.m. (EST). The individuals with disabilities, and to official. There will be no sworn date, time, and registration instructions request accommodation for a disability, testimony or cross examination. A for the preparatory, public, virtual please contact the DFO listed under FOR verbatim transcript of the conference meeting will be announced on the FURTHER INFORMATION CONTACT. proceedings will be produced and FIFRA SAP website (http:// Comments. Submit requests to present placed in the docket. Speakers should www.epa.gov/sap) by late-August. You oral comments to the DFO listed under bring extra copies of their presentation may subscribe to the following listserv FOR FURTHER INFORMATION CONTACT. for inclusion in the docket and for the for alerts when notices regarding this Submit your written comments, convenience of the recorder. Speakers and other SAP-related activities are identified by docket identification (ID) will also be permitted to enter written published: https:// number EPA–HQ–OPP–2019–0417, by comments into the record. Additional public.govdelivery.com/accounts/ one of the following methods: written statements or comments should USAEPAOPPT/subscriber/new?topic_ • Federal eRulemaking Portal: http:// be sent to the OAR Regulatory Docket id=USAEPAOPPT_101. www.regulations.gov. Follow the online (see ADDRESSES section). A transcript of Nominations: Nominations of instructions for submitting comments. the proceedings and a copy of all candidates to serve as ad hoc reviewers, Do not electronically submit any written comments will be maintained in to assist the FIFRA SAP with this information you consider to be Docket ID No. EPA–HQ–OAR–2019– review, should be provided on or before Confidential Business Information (CBI) 0454, which will remain open until September 12, 2019. or other information whose disclosure is November 4, 2019, for the purpose of Special accommodations: Requests restricted by statute. receiving additional comments. for special accommodations should be • Mail: OPP Docket, Environmental Dated: August 2, 2019. submitted on or before October 29, Protection Agency Docket Center (EPA/ Panagiotis E. Tsirigotis, 2019, to allow EPA time to process your DC), (28221T), 1200 Pennsylvania Ave. request. NW, Washington, DC 20460–0001. Director, Office of Air Quality Planning and • Standards. Comments: The Agency encourages Hand Delivery: To make special written comments and requests for oral [FR Doc. 2019–17305 Filed 8–12–19; 8:45 am] arrangements for hand delivery or comments be submitted on or before delivery of boxed information, please BILLING CODE 6560–50–P October 4, 2019. However, written follow the instructions at http:// comments and requests to make oral www.epa.gov/dockets/contacts.html. ENVIRONMENTAL PROTECTION comments may be submitted until the Additional information on AGENCY date of the in-person meeting, but commenting or visiting the docket, anyone submitting such comments and along with more information about [EPA–HQ–OPP–2019–0417; FRL–9997–78] requests after October 4, 2019, should dockets generally, is available at http:// contact the Designated Federal Official www.epa.gov/dockets. For additional FIFRA Scientific Advisory Panel; (DFO) listed under FOR FURTHER instructions related to this meeting, see Notice of Public Meetings and Request INFORMATION CONTACT. For additional Unit I.D. of the SUPPLEMENTARY for Nomination of Ad Hoc Expert instructions, see Unit I.D. and Unit I.E. INFORMATION. Reviewers of the SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: AGENCY: Environmental Protection ADDRESSES: Tamue L. Gibson, MS, DFO, Office of Agency (EPA). In-Person Meeting: The location of the Science Coordination and Policy ACTION: Notice. 4-day, public, in-person meeting will be (7201M), Environmental Protection announced on the FIFRA SAP website Agency, 1200 Pennsylvania Ave. NW, SUMMARY: There will be a 4-day, public, at http://www.epa.gov/sap. This meeting Washington, DC 20460–0001; telephone in-person meeting of the Federal may also be viewed via webcast. Please number: 202–564–7642; email address: Insecticide, Fungicide, and Rodenticide refer to the FIFRA SAP website at http:// [email protected]. Act (FIFRA) Scientific Advisory Panel www.epa.gov/sap for information on SUPPLEMENTARY INFORMATION: (SAP) to consider and review the how to access the webcast. Please note Approaches for Quantitative Use of that this webcast is a supplementary I. General Information Surface Water Monitoring Data in public process provided only for Pesticide Drinking Water Assessments. convenience. If difficulties arise A. Does this action apply to me? Preceding the in-person meeting, there resulting in webcasting outages, the in- This action is directed to the public will be a preparatory, public, virtual person meeting will continue as in general. This action may be of meeting, conducted via teleconference planned. interest to persons who are or may be and webcast using Adobe Connect, to Virtual Meeting: The preparatory, required to conduct testing of chemical consider the scope and clarity of the virtual meeting is open to the public substances under the Federal Food, draft charge questions for this peer and will be conducted via webcast using Drug, and Cosmetic Act (FFDCA) and review. In addition, EPA is requesting Adobe Connect and telephone. FIFRA. Since other entities may also be nominations of prospective candidates Registration is required to participate interested, the Agency has not for service as ad hoc reviewers to assist during the preparatory, virtual meeting. attempted to describe all the specific

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entities that may be affected by this shall be ineligible to serve by reason of posted on the FIFRA SAP website at action. their membership on any other advisory http://www.epa.gov/scipoly/sap or may committee to a Federal department or be obtained from the OPP Docket at B. What should I consider as I prepare agency or their employment by a http://www.regulations.gov. my comments for EPA? Federal department or agency, except 1. Submitting CBI. Do not submit CBI D. How may I participate in the in- EPA. Other factors considered during person meeting? information to EPA through the selection process include regulations.gov or email. If your availability of the potential reviewer to You may participate in the in-person comments contain any information that fully participate in the Panel’s review, meeting by following the instructions in you consider to be CBI or otherwise absence of any conflicts of interest or this unit. To ensure proper receipt of protected, please contact the DFO listed appearance of loss of impartiality, comments, nominations or other under FOR FURTHER INFORMATION independence with respect to the requests by EPA, it is imperative that CONTACT to obtain special instructions matters under review, and lack of bias. you identify docket ID number EPA– before submitting your comments. Although financial conflicts of interest, HQ–OPP–2019–0417 in the subject line 2. Tips for preparing your comments. the appearance of loss of impartiality, on the first page of your request. When preparing and submitting your lack of independence, and bias may 1. Written comments. The Agency comments, see Tips for Effective result in disqualification, the absence of encourages written comments for the in- Comments at http://www.epa.gov/ such concerns does not assure that a person meeting be submitted using the dockets/comments.html. candidate will be selected to serve on a instructions in ADDRESSES and Unit I.B., on or before October 4, 2019, to provide C. Request for Nominations To Serve as FIFRA SAP review. Numerous qualified FIFRA SAP the time necessary to Ad Hoc Expert Reviewers To Assist the candidates are identified for each consider and review the written FIFRA SAP With This Review review; therefore, selection decisions comments. FIFRA SAP may not be able involve carefully weighing a number of As part of a broader process for to fully consider written comments factors, including the candidates’ areas developing a pool of candidates for each submitted after October 4, 2019. Written of expertise and professional review, FIFRA SAP staff routinely comments are accepted until the date of qualifications and achieving an overall solicits the stakeholder community for the meeting, but anyone submitting balance of different scientific nominations of prospective candidates written comments after October 4, 2019, perspectives on the Panel. In order to for service as ad hoc reviewers. Any should contact the DFO listed under FOR have the collective breadth of interested person or organization may FURTHER INFORMATION CONTACT. Anyone experience needed to address the nominate qualified individuals to be submitting written comments at the Agency’s charge for this review, the considered as prospective candidates for meeting should bring 30 copies for a specific topic. Individuals nominated Agency anticipates selecting distribution to the FIFRA SAP by the for this meeting should have expertise approximately 12 ad hoc scientists. DFO. in one or more of the following areas: FIFRA SAP members and ad hoc 2. Oral comments. The Agency (i) Statistician (experience in water reviewers are subject to the provisions encourages each individual or group quality data—preferably pesticides); (ii) of the Standards of Ethical Conduct for wishing to make brief oral comments to environmental exposure scientist Employees of the Executive Branch at 5 the FIFRA SAP during the in-person (experience in aquatic modeling Code of Federal Regulations Part 2635, meeting to submit their request to the preferably); (iii) environmental risk conflict of interest statutes in Title 18 of DFO listed under FOR FURTHER assessor (experience in pesticides, the United States Code, and related INFORMATION CONTACT on or before environmental fate of pesticides); (iv) regulations. In anticipation of these October 4, 2019, in order to be included water quality expert (experience in requirements, prospective candidates on the meeting agenda. Requests to pesticides); (v) water quality monitoring for service on FIFRA SAP will be asked present oral comments will be accepted specialist; (vi) hydrologist; (vii) aquatic to submit confidential financial until the date of the in-person meeting modeler; (viii) aquatic model developer; information which shall fully disclose, and, to the extent that time permits, the and (ix) GIS specialist. Nominees among other financial interests, the Chair of the FIFRA SAP may permit the should be scientists who have sufficient candidate’s employment, stocks, and presentation of oral comments at the in- professional qualifications, including bonds, and where applicable, sources of person meeting by interested persons training and experience, to provide research support. EPA will evaluate the who have not previously requested expert comments on the scientific issues candidate’s financial disclosure form to time. The request should identify the for this review. Nominees should be assess whether there are financial name of the individual making the identified by name, occupation, conflicts of interest, appearance of a loss presentation, the organization (if any) position, address, email address, and of impartiality, or any prior involvement the individual will represent, and any telephone number. Nominations should with the development of the documents requirements for audiovisual be provided to the DFO listed under FOR under consideration (including previous equipment. Oral comments before the FURTHER INFORMATION CONTACT on or scientific peer review) before the FIFRA SAP during the in-person before September 12, 2019. The Agency candidate is considered further for meeting are limited to 5 minutes unless will consider all nominations of service on FIFRA SAP. Those who are arrangements have been made prior to prospective candidates for this review selected from the pool of prospective October 4, 2019. In addition, each that are received on or before that date. candidates will be asked to attend the speaker should bring 30 copies of his or However, final selection of ad hoc public meetings and to participate in the her comments and presentation to the reviewers is a discretionary function of discussion of key issues and meeting for distribution to the FIFRA the Agency. assumptions at these meetings. In SAP by the DFO. The selection of scientists to serve on addition, they will be asked to review 3. Seating at the meeting. Seating at a FIFRA SAP review is based on the and to help finalize the meeting minutes the in-person meeting will be open and function of the Panel and the expertise and final report. The list of FIFRA SAP on a first-come basis. needed to address the Agency’s charge members and ad hoc reviewers 4. Webcast. This meeting may also be to the Panel. No interested scientists participating at this meeting will be viewed via webcast. Please refer to the

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FIFRA SAP website at http:// The FIFRA SAP is composed of a high-sampling frequency programs. www.epa.gov/sap for information on permanent panel consisting of seven Based on EPA’s review of available how to access the webcast. Please note members who are appointed by the EPA surface water monitoring data, it is not that this webcast is a supplementary Administrator from nominees provided uncommon for monitoring sites to be public process provided only for by the National Institutes of Health sampled once per year or quarterly, and convenience. If difficulties arise (NIH) and the National Science in many cases, the same monitoring resulting in webcasting outages, the in- Foundation (NSF). FIFRA established a sites are not sampled every year. The person meeting will continue as Science Review Board (SRB) consisting quantitative use of pesticide surface planned. of at least 60 scientists who are available water monitoring data in drinking water to FIFRA SAP on an ad hoc basis to assessments requires an understanding E. How may I participate in the assist in reviews conducted by FIFRA of the impact of numerous variables on preparatory virtual meeting? SAP. As a scientific peer review the frequency and magnitude of Registration for the preparatory mechanism, FIFRA SAP provides pesticide occurrence (e.g., sample site virtual meeting is required. To comments, evaluations, and location, sample frequency, watershed participate by listening or making a recommendations to improve the characteristics, pesticide use, rainfall comment during this meeting, please effectiveness and quality of analyses patterns, etc.). Because of the nature of visit: http://www.epa.gov/sap to register. made by Agency scientists. Members of pesticide concentrations in surface Registration online will be confirmed by FIFRA SAP are scientists who have water (e.g., spikes in concentration email that will include the webcast sufficient professional qualifications, following rainfall events, followed by meeting Adobe Connect link and audio including training and experience, to lower concentrations over longer teleconference information. provide expert advice and periods of time) and limited sampling 1. Written comments. Written recommendation to the Agency. frequencies, available surface water data may not provide a reliable estimate of comments for the preparatory virtual B. Public Meeting meeting should be submitted, using the the true range of pesticide instructions in ADDRESSES and Unit I.B., Pesticides are regulated in the U.S. concentrations relevant to the durations on or before October 4, 2019. under both FIFRA and FFDCA. In 1996, of exposure associated with cancer and 2. Oral comments. Registration is Congress passed the Food Quality non-cancer risks. Moreover, based on required to participate in the Protection Act (FQPA) which amended the Agency’s review of available surface preparatory virtual meeting. Please visit both FIFRA and FFDCA. Under FQPA, water monitoring sites, sampling sites the FIFRA SAP website at http:// for human health, EPA must consider are often not located in the vulnerable www.epa.gov/sap to register online. combined exposures (i.e., aggregate areas where pesticide concentrations are Each individual or group wishing to exposure) to a single pesticide and the expected to be at the upper end of the make brief oral comments to the FIFRA associated transformation products anticipated concentration range, SAP during the preparatory virtual across multiple exposure routes (i.e., although targeted surface water meeting should submit their request oral, dermal, and inhalation) and across monitoring data may be available for when registering online or with the DFO multiple pathways (e.g., food, drinking some pesticides. listed under FOR FURTHER INFORMATION water, and residential uses). The Agency is interested in using CONTACT on or before October 4, 2019. Historically, the Agency has used surface water monitoring data to Oral comments before the FIFRA SAP aquatic exposure models to estimate confidently estimate pesticide during the preparatory virtual meeting potential pesticide concentrations in concentrations in surface water that may are limited to approximately 5 minutes drinking water sources across the be sourced by community water due to the time constraints of this country. systems. Recently, EPA developed a drinking meeting. Specifically, the Agency is seeking water framework document that 3. Webcast. The preparatory meeting advice and recommendation from the describes the existing and longstanding will be webcast only. Please refer to the FIFRA SAP on scientific issues continuum of approaches used to assess FIFRA SAP website at http:// associated with the evaluation and pesticide exposure in drinking water. www.epa.gov/sap for information on utility of SEAsonalWAVEQ with EPA used a tiered approach, which how to access the webcast. Registration EXtended capabilities model began with simple and conservative is required. (SEAWAVE–QEX), long-term sampling assumptions and moved towards more bias factors, watershed regressions, and II. Background refined, less conservative assumptions optimization of short-term sampling and approaches, as needed. The most A. Purpose of the FIFRA SAP bias factors. refined tiers considered the use of EPA has a method for better utilizing The FIFRA SAP serves as one of the surface water monitoring to estimate available pesticide surface water quality primary scientific peer review pesticide concentrations. Historically, monitoring data that are temporally and mechanisms of EPA’s Office of EPA has generally used surface water spatially limited for estimating upper- Chemical Safety and Pollution monitoring for characterization and not bound concentrations relevant for use in Prevention (OCSPP) and is structured to to estimate pesticide concentrations. drinking water assessments. As part of provide independent scientific advice, Pesticide surface water monitoring data the SAP, EPA is soliciting comments information and recommendations to rarely have been used as a quantitative from the panel on approaches for the EPA Administrator on pesticides measure of exposure in drinking water, quantitative use of surface water and pesticide-related issues as to the but rather are typically used as a line of monitoring data in its drinking water impact of regulatory actions on human evidence to support the conceptual assessments. health and the environment. FIFRA SAP exposure model or ground truth model is a Federal advisory committee estimated concentrations. C. FIFRA SAP Documents and Meeting established in 1975 under FIFRA that Further, most surface water Minutes operates in accordance with monitoring programs typically collect The EPA’s background paper, the requirements of the Federal Advisory samples on a nondaily basis, such as supporting materials, and draft charge/ Committee Act (5 U.S.C. Appendix). weekly or biweekly, even in relatively questions to FIFRA SAP will be

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available by late-August. In addition, a be subject to any penalty for failing to Law 107–198, see 44 U.S.C. 3506(c)(4), list of candidates under consideration as comply with a collection of information the FCC seeks specific comment on how prospective ad hoc panelists for this subject to the PRA that does not display it might ‘‘further reduce the information meeting will be available for a 15-day a valid OMB control number. collection burden for small business public comment period by mid to late- DATES: Written comments should be concerns with fewer than 25 September. The Agency will provide submitted on or before September 12, employees.’’ additional background documents (e.g., 2019. If you anticipate that you will be OMB Control No.: 3060–0936. the meeting agenda) as the materials submitting comments but find it Title: Sections 95.1215, 95.1217, become available. You may obtain difficult to do so with the period of time 95.1223 and 95.1225, Medical Device electronic copies of these documents, allowed by this notice, you should Radiocommunications Service and certain other related documents that advise the contacts listed below as soon (MedRadio). might be available, at http:// as possible. Form No.: N/A. www.regulations.gov in docket EPA– ADDRESSES: Direct all PRA comments to Type of Review: Extension of a HQ–OPP–2019–0417 and on the FIFRA Nicholas A. Fraser, OMB, via email currently approved collection. SAP website at http://www.epa.gov/sap. [email protected]; and Respondents: Business or other for- The FIFRA SAP will prepare meeting to Cathy Williams, FCC, via email PRA@ profit and not-for-profit institutions. minutes summarizing its fcc.gov and to [email protected]. Number of Respondents: 3,120 recommendations to the Agency Include in the comments the OMB respondents; 3,120 responses. approximately 90 days after the control number as shown in the Estimated Time per Response: 1–3 meeting. The meeting minutes will be SUPPLEMENTARY INFORMATION below. hours. Frequency of Response: On occasion posted on the FIFRA SAP website at FOR FURTHER INFORMATION CONTACT: For reporting requirement, third party http://www.epa.gov/sap or may be additional information or copies of the disclosure requirement and obtained from the OPP Docket at http:// information collection, contact Cathy www.regulations.gov. recordkeeping requirement. Williams at (202) 418–2918. To view a Obligation to Respond: Required to Authority: 7 U.S.C. 136 et. seq.; 21 U.S.C. copy of this information collection obtain or retain benefits. Statutory 301 et seq. request (ICR) submitted to OMB: (1) Go authority for this information collection to the web page http://www.reginfo.gov/ Dated: August 2, 2019. is contained in 47 U.S.C. 151 and 303 public/do/PRAMain, (2) look for the Hayley Hughes, of the Communications Act of 1934, as section of the web page called Director, Office of Science Coordination and amended. ‘‘Currently Under Review,’’ (3) click on Policy. Total Annual Burden: 9,120 hours. the downward-pointing arrow in the [FR Doc. 2019–17336 Filed 8–12–19; 8:45 am] Total Annual Cost: No cost. ‘‘Select Agency’’ box below the BILLING CODE 6560–50–P Privacy Act Impact Assessment: No ‘‘Currently Under Review’’ heading, (4) impact(s). select ‘‘Federal Communications Nature and Extent of Confidentiality: Commission’’ from the list of agencies There is no need for confidentiality with FEDERAL COMMUNICATIONS presented in the ‘‘Select Agency’’ box, COMMISSION this collection of information. (5) click the ‘‘Submit’’ button to the Needs and Uses: The Federal [OMB 3060–0936; OMB 3060–1159] right of the ‘‘Select Agency’’ box, (6) Communications Commission is when the list of FCC ICRs currently requesting that the Office of Information Collections Being under review appears, look for the Title Management and Budget (OMB) Submitted for Review and Approval to of this ICR and then click on the ICR approve for a period of three years an Office of Management and Budget Reference Number. A copy of the FCC extension for the information collection submission to OMB will be displayed. AGENCY: Federal Communications requirements contained in this Commission. SUPPLEMENTARY INFORMATION: As part of collection. its continuing effort to reduce ACTION: Notice and request for The information collection comments. paperwork burdens, as required by the requirements that are approved under Paperwork Reduction Act (PRA) of 1995 this information collection are SUMMARY: As part of its continuing effort (44 U.S.C. 3501–3520), the FCC invited contained in 47 CFR 95.1225(b) and (c), to reduce paperwork burdens, as the general public and other Federal 95.1217(a)(3) and (c), 95.1223 and required by the Paperwork Reduction Agencies to take this opportunity to 95.1225 which relate to the Medical Act (PRA) of 1995, the Federal comment on the following information Device Radiocommunication Service Communications Commission (FCC or collection. Comments are requested (MedRadio). the Commission) invites the general concerning: (a) Whether the proposed The information is necessary to allow public and other Federal Agencies to collection of information is necessary the coordinator and parties using the take this opportunity to comment on the for the proper performance of the database to contact other users to verify following information collection. functions of the Commission, including information and resolve potential Pursuant to the Small Business whether the information shall have conflicts. Each user is responsible for Paperwork Relief Act of 2002, the FCC practical utility; (b) the accuracy of the determining in advance whether new seeks specific comment on how it might Commission’s burden estimates; (c) devices are likely to cause or be ‘‘further reduce the information ways to enhance the quality, utility, and susceptible to interference from devices collection burden for small business clarity of the information collected; and already registered in the coordination concerns with fewer than 25 (d) ways to minimize the burden of the database. employees.’’ collection of information on the OMB Control No.: 3060–1159. The Commission may not conduct or respondents, including the use of Title: Part 25—Satellite sponsor a collection of information automated collection techniques or Communications; and Part 27— unless it displays a currently valid other forms of information technology. Miscellaneous Wireless Communication Office of Management and Budget Pursuant to the Small Business Services: 2.3 GHz Band. (OMB) control number. No person shall Paperwork Relief Act of 2002, Public Form No.: N/A.

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Type of Review: Extension of a the Chief Data Officer, Board of Complex Structured Finance currently approved collection. Governors of the Federal Reserve Activities.’’ The Interagency Statement Respondents: Business or other for System, Washington, DC 20551, (202) provides that financial institutions profit entities. 452–3829. supervised by the Board should Number of Respondents and Office of Management and Budget establish and maintain written policies Responses: 158 respondents and 2,406 (OMB) Desk Officer—Shagufta Ahmed— and procedures for identifying, responses. Office of Information and Regulatory evaluating, assessing, documenting, and Estimated Time per Response: 0.5–40 Affairs, Office of Management and controlling risks associated with certain hours. Budget, New Executive Office Building, complex structured finance transactions Frequency of Response: Room 10235, 725 17th Street NW, (CSFTs), and should retain certain Recordkeeping requirement, Third Party Washington, DC 20503, or by fax to documents related to elevated risk Disclosure, and on occasion and (202) 395–6974. CSFTs. For purposes of the Board’s quarterly reporting requirements. A copy of the Paperwork Reduction review, the term ‘‘financial institution’’ Obligation to Respond: Required to Act (PRA) OMB submission, including refers to state member banks, bank obtain or retain benefits. The statutory the reporting form and instructions, holding companies (other than foreign supporting statement, and other authority for this information collection banking organizations), SLHCs, and U.S. is 47 U.S.C. 154, 301, 302(a), 303, 309, documentation will be placed into branches and agencies of foreign banks. 332, 336, and 337 unless otherwise OMB’s public docket files. These noted. documents also are available on the Legal authorization and Total Annual Burden: 24,714 hours. Board’s public website at https:// confidentiality: The Board is authorized Annual Cost Burden: $546,450. www.federalreserve.gov/apps/ to issue the recordkeeping guidance Privacy Act Impact Assessment: No reportforms/review.aspx or may be associated with the Interagency impact(s). requested from the agency clearance Statement with respect to state member Nature and Extent of Confidentiality: officer, whose name appears above. banks pursuant to sections 9(7), 11(a), There is no need for confidentiality with SUPPLEMENTARY INFORMATION: On June 21(4), and 25(4) of the Federal Reserve this collection of information. 15, 1984, OMB delegated to the Board Act (12 U.S.C. 325, 248(a), 483, and Needs and Uses: The information authority under the PRA to approve and 602); with respect to bank holding filed by Wireless Communications assign OMB control numbers to companies pursuant to section 5(c) of Service (WCS) licensees in support of collections of information conducted or the Bank Holding Company Act (12 their construction notifications will be sponsored by the Board. Board- U.S.C. 1844(c)); with respect to savings used to determine whether licensees approved collections of information are and loan holding companies pursuant to have complied with the Commission’s incorporated into the official OMB section 10(b) and (g) of the Home performance benchmarks. Further, the inventory of currently approved Owners’ Loan Act (12 U.S.C. 1467a(b) information collected by licensees in collections of information. Copies of the and (g)); and with respect to U.S. support of their coordination obligations PRA Submission, supporting branches and agencies of foreign banks will help avoid harmful interference to statements, and approved collection of pursuant to sections 7(c) and 13(a) of Satellite Digital Audio Radio Service information instrument(s) are placed the International Banking Act of 1978 (SDARS), Aeronautical Mobile into OMB’s public docket files. (12 U.S.C. 3105(c) and 3108(a)). Because Telemetry (AMT) and Deep Space the recordkeeping provisions are Final Approval Under OMB Delegated Network (DSN) operations in other contained within guidance, which is Authority of the Extension for Three spectrum bands. nonbinding, these provisions are Years, Without Revision, of the voluntary. There are no reporting forms Federal Communications Commission. Following Information Collection Marlene Dortch, associated with the recordkeeping Secretary, Office of the Secretary. Report title: Recordkeeping Provisions provisions of the Interagency Statement. Associated with the Interagency [FR Doc. 2019–17278 Filed 8–12–19; 8:45 am] Because any policies, procedures, or Statement on Complex Structured other records that were voluntarily BILLING CODE 6712–01–P Finance Activities. created pursuant to the guidance in the Agency form number: FR 4022. Interagency Statement would be OMB control number: 7100–0311. maintained at each financial institution, FEDERAL RESERVE SYSTEM Frequency: Annual. the Freedom of Information Act (FOIA) Respondents: State member banks, would only be implicated if the Board Agency Information Collection bank holding companies (other than Activities: Announcement of Board foreign banking organizations), savings obtained such records as part of the Approval Under Delegated Authority and loan holding companies (SLHCs), examination or supervision of a and Submission to OMB and U.S. branches and agencies of financial institution. In the event the records are obtained by the Board as AGENCY: Board of Governors of the foreign banks. Estimated number of respondents: 18. part of an examination or supervision of Federal Reserve System. Estimated average hours per response: a financial institution, this information SUMMARY: The Board of Governors of the 10 hours. may be considered confidential Federal Reserve System (Board) is Estimated annual burden hours: 180. pursuant to exemption 8 of the FOIA, adopting a proposal to extend for three General description of report: In which protects information contained in years, without revision, the January 2007, the Board, the Office of ‘‘examination, operating, or condition Recordkeeping Provisions Associated the Comptroller of the Currency, the reports’’ obtained in the bank with the Interagency Statement on Federal Deposit Insurance Corporation, supervisory process (5 U.S.C. 552(b)(8)). Complex Structured Finance Activities the Securities and Exchange In addition, the information may also be (FR 4022; OMB No. 7100–0311). Commission, and the former Office of kept confidential under exemption 4 of FOR FURTHER INFORMATION CONTACT: Thrift Supervision published guidance the FOIA, which protects trade secrets Federal Reserve Board Clearance titled, ‘‘Interagency Statement on Sound or confidential commercial or financial Officer—Nuha Elmaghrabi—Office of Practices Concerning Elevated Risk information that is reasonably likely to

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result in substantial competitive harm if Vice President) 100 North 6th Street, other documentation will be placed into disclosed (5 U.S.C. 552(b)(4)). Philadelphia, Pennsylvania 19105– OMB’s public docket files. These Current actions: On May 15, 2019, the 1521. Comments can also be sent documents also are available on the Board published a notice in the Federal electronically to Board’s public website at https:// Register (84 FR 21778) requesting [email protected]: www.federalreserve.gov/apps/ public comment for 60 days on the 1. Stewardship Financial Corporation, reportforms/review.aspx or may be extension, without revision, of the Midland Park, New Jersey, to become a requested from the agency clearance Recordkeeping Provisions Associated savings and loan holding company upon officer, whose name appears above. with the Interagency Statement on the conversion of Atlantic Stewardship SUPPLEMENTARY INFORMATION: On June Complex Structured Finance Activities. Bank, Midland Park, New Jersey, from a 15, 1984, OMB delegated to the Board The comment period for this notice state-chartered commercial bank to authority under the Paperwork expired on July 15, 2019. The Board did state-chartered stock savings Reduction Act (PRA) to approve and not receive any comments. association. assign OMB control numbers to Board of Governors of the Federal Reserve 2. Columbia Bank, MHC (‘‘MHC’’) and collections of information conducted or System, August 7, 2019. Columbia Financial, Inc., both of Fair sponsored by the Board. Board- Michele Taylor Fennell, Lawn, New Jersey; to acquire approved collections of information are Assistant Secretary of the Board. Stewardship Financial Corporation incorporated into the official OMB [FR Doc. 2019–17264 Filed 8–12–19; 8:45 am] (‘‘Stewardship Financial’’), Midland inventory of currently approved BILLING CODE 6210–01–P Park, New Jersey, and thereby indirectly collections of information. Copies of the acquire Atlantic Stewardship Bank, PRA Submission, supporting Midland Park, New Jersey, a wholly- statements, and approved collection of FEDERAL RESERVE SYSTEM owned subsidiary of Stewardship information instrument(s) are placed Financial, through the merger of into OMB’s public docket files. Formations of, Acquisitions by, and Atlantic Stewardship Bank into Final Approval Under OMB Delegated Mergers of Savings and Loan Holding Columbia Bank, Fair Lawn, New Jersey. Companies Authority of the Extension for Three Board of Governors of the Federal Reserve Years, With Revision, of the Following The companies listed in this notice System, August 7, 2019. in Information Collection Yao-Chin Chao, have applied to the Board for approval, Report title: Reporting Requirements pursuant to the Home Owners’ Loan Act Assistant Secretary of the Board. Associated with Regulation Y (12 U.S.C. 1461 et seq.) (HOLA), [FR Doc. 2019–17280 Filed 8–12–19; 8:45 am] (Extension of Time to Conform to the Regulation LL (12 CFR part 238), and BILLING CODE 6210–01–P Volcker Rule). Regulation MM (12 CFR part 239), and Agency form number: FR Y–1. all other applicable statutes and OMB control number: 7100–0333. regulations to become a savings and FEDERAL RESERVE SYSTEM Frequency: Event-generated. loan holding company and/or to acquire Respondents: Insured depository the assets or the ownership of, control Agency Information Collection institutions (other than certain limited- of, or the power to vote shares of a Activities: Announcement of Board purpose trust institutions), any savings association and nonbanking Approval Under Delegated Authority company that controls an insured companies owned by the savings and and Submission to OMB depository institution, any company loan holding company, including the AGENCY: Board of Governors of the that is treated as a bank holding companies listed below. Federal Reserve System. company for purposes of section 8 of the The applications listed below, as well International Banking Act of 1978 (12 SUMMARY: The Board of Governors of the as other related filings required by the U.S.C. 3106), and any affiliate or Federal Reserve System (Board) is Board, are available for immediate subsidiary of any of the foregoing adopting a proposal to extend for three inspection at the Federal Reserve Bank (collectively, banking entities), and years, with revision, the Reporting indicated. The application also will be nonbank financial companies Requirements Associated with available for inspection at the offices of designated by the Financial Stability Regulation Y (Extension of Time to the Board of Governors. Interested Oversight Council that engage in Conform to the Volcker Rule) (FR Y–1; persons may express their views in proprietary trading activities or make OMB No. 7100–0333). writing on the standards enumerated in investments in covered funds. the HOLA (12 U.S.C. 1467a(e)). If the FOR FURTHER INFORMATION CONTACT: Estimated number of respondents: 1. proposal also involves the acquisition of Federal Reserve Board Clearance Estimated average hours per response: a nonbanking company, the review also Officer—Nuha Elmaghrabi—Office of 3. includes whether the acquisition of the the Chief Data Officer, Board of Estimated annual burden hours: 3. nonbanking company complies with the Governors of the Federal Reserve General description of report: The standards in section 10(c)(4)(B) of the System, Washington, DC 20551, (202) information collection in section HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless 452–3829. 225.181(c) of the Board’s Regulation Y otherwise noted, nonbanking activities Office of Management and Budget (12 CFR 225.181(c)) is used by newly will be conducted throughout the (OMB) Desk Officer—Shagufta Ahmed— formed banking entities and existing United States. Office of Information and Regulatory companies that become a banking entity Unless otherwise noted, comments Affairs, Office of Management and (collectively, new banking entities) to regarding each of these applications Budget, New Executive Office Building, seek an extension of time to bring their must be received at the Reserve Bank Room 10235, 725 17th Street NW, activities and investments into indicated or the offices of the Board of Washington, DC 20503 or by fax to (202) compliance with section 13 of the Bank Governors not later than September 10, 395–6974. Holding Company Act (the Volcker 2019. A copy of the PRA OMB submission, Rule) or to divest their interest in an A. Federal Reserve Bank of including the reporting form and illiquid fund. The information Philadelphia (William Spaniel, Senior instructions, supporting statement, and collection in section 225.182(c) of the

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Board’s Regulation Y (12 CFR divested or conformed to date, the factors governing Board determinations 225.182(c)) is used by nonbank financial progress that has been made towards set out in section 225.182(d). companies supervised by the Board to divesting or conforming the investments Legal authorization and seek an extension of time to bring their for which an extension is being sought confidentiality: Section 13 of the BHC activities and investments into (for example, the number of funds sold, Act authorizes the Board to issue rules compliance with the Volcker Rule, the number of funds that continue to be to permit entities covered by the including any capital requirements and held, and the amount of investments Volcker Rule to seek extensions of time quantitative limits adopted thereunder. remaining in each fund and in of the conformance period (12 U.S.C. A request by a banking entity or aggregate), 1851(c)(6)). The Board also has the nonbank financial company supervised • A certification by the General authority to require reports from bank by the Board also must address the Counsel or Chief Compliance Officer of holding companies (12 U.S.C. 1844(c)), relevant factors set out in sections the entity that sponsors or invests in the savings and loan holding companies (12 225.181(d) and 225.182(d) of Regulation illiquid funds that each fund meets the U.S.C. 1467a(b) and (g)), and state Y. definition of illiquid funds in section 13 member banks (12 U.S.C. 248(a) and of the BHC Act and sections 225.180- Conformance Period for Banking 324). The information collections .181 of Regulation Y, including that the associated with requests for extensions Entities Engaged in Prohibited extension is necessary to fulfill a Proprietary Trading or Private Fund of time to conform to the Volcker Rule contractual obligation of the banking are required for covered entities that Activities—Approval Required To Hold entity that was in effect on May 1, 2010, Interests in Excess of Time Limit decide to seek an extension of time to and conform their activities to the Volcker (Section 225.181(c)) • The length of the requested Rule or divest their interest in an Section 225.181(c) requires an extension of the conformance period illiquid hedge fund or private equity application for an extension by or with and a description of the banking entity’s fund. These collections of information, respect to a new banking entity or an plan for divesting or conforming each therefore, are required to obtain a extension of the transition period for illiquid fund prior to the end of the benefit. illiquid funds to (1) be submitted in requested extension period. Information required to be submitted writing to the Board at least 180 days SR Letter 16–18 further provides that in order to obtain an extension of time prior to the expiration of the applicable such a request should be submitted in to conform activities to the Volcker Rule time period, (2) provide the reasons why writing to the appropriate Federal may include: the banking entity believes the Reserve Bank and that the banking • The terms of private contractual extension should be granted, and (3) entity should provide the name, phone obligations, provide a detailed explanation of the number, and email address of the • The liquid or illiquid nature of banking entity’s plan for divesting or banking entity’s point of contact for the assets proposed to be divested by the conforming the activity or request. Additionally, SR Letter 16–18 regulated entity, investment(s). A request by a banking provides that, in the case where the • The total exposure of the covered entity also must address the relevant banking entity that sponsors or invests entity to the activity or investment, and factors governing Board determinations in the illiquid fund is supervised its materiality to the institution, set out in sections 225.181(d). primarily by another federal banking • The risks and costs of disposing of, Additionally, Supervision and agency, the Securities and Exchange or maintaining, the activity or Regulation Letter 16–18 (SR Letter 16– Commission, or the Commodity Futures 1 investment, or 18), states that the following additional Trading Commission, the top-tier • The impact of divestiture or information that should be included in banking entity should also provide a conformance of the activity or a request for an extended transition copy of the extension request to the investment on any duty owed by the period for illiquid funds: relevant agency for the subsidiary institution to a client, customer, or • A list or simple chart of illiquid banking entity. counterparty. funds for which an extension is sought, This information is the type of • A short description of each fund, Conformance Period for Nonbank confidential commercial and financial including the investment strategy and Financial Companies Supervised by the information that may be withheld under types of investments made by each Federal Reserve Engaged in Proprietary exemption 4 of the Freedom of fund, which entity within the firm holds Trading or Private Fund Activities— Information Act (5 U.S.C. 552(b)(4)). As the investment, the size of each fund, Approval Required To Hold Interests in required information, it may be the total exposure of the banking entity Excess of Time Limit (Section withheld under exemption 4 only if to each fund, the date by which each 225.182(c)) public disclosure could result in remaining illiquid fund is expected to Section 225.182(c) requires an substantial competitive harm to the mature by its terms or be conformed to application for an extension by a submitting institution.2 section 13 of the BHC Act, and the nonbank financial company supervised Current actions: On April 19, 2019, banking entity’s relationship with the by the Board to (1) be submitted in the Board published a notice in the fund (for example, general partner, writing to the Board at least 180 days Federal Register (84 FR 16490) sponsor, investment adviser, investor), prior to the expiration of the applicable requesting public comment for 60 days • A description of the banking time period, (2) provide the reasons why on the extension, with revision, of the entity’s specific efforts to divest or the nonbank financial company FR Y–1. The Board is proposing to conform its illiquid funds, including a supervised by the Board believes the revise the FR Y–1 to account for the description of the overall covered funds extension should be granted, and (3) provisions of SR Letter 16–18 that relate (both liquid and illiquid) that have been provide a detailed explanation of the to the contents of a request for an company’s plan for coming into extended transition period for illiquid 1 Procedures for a Banking Entity to Request an compliance with the requirements of the Extended Transition Period for Illiquid Funds, SR Letter 16–18 (December 9, 2016), available at Volcker Rule. A request by nonbank 2 See National Parks and Conservation https://www.federalreserve.gov/supervisionreg/ financial company supervised by the Association v. Morton, 498 F.2d 765 (D.C. Cir. srletters/sr1618.pdf. Board also must address the relevant 1974).

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funds and the procedures for filing such Woodlands, Texas, and thereby Final Approval Under OMB Delegated a request. The comment period for this indirectly acquire Woodforest National Authority of the Extension for Three notice expired on June 18, 2019. The Bank, Houston, Texas. Years, Without Revision, of the Board did not receive any comments. Following Information Collection Board of Governors of the Federal Reserve The revisions will be implemented as System, August 8, 2019. Report title: Written Security Program proposed. Yao-Chin Chao, for State Member Banks. Board of Governors of the Federal Reserve Agency form number: FR 4004. System, August 7, 2019. Assistant Secretary of the Board. OMB control number: 7100–0112. Michele Taylor Fennell, [FR Doc. 2019–17319 Filed 8–12–19; 8:45 am] Frequency: On occasion. Assistant Secretary of the Board. BILLING CODE 6210–01–P Respondents: State member banks. Estimated number of respondents: 26. [FR Doc. 2019–17266 Filed 8–12–19; 8:45 am] Estimated average hours per response: BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM 1 hour. Estimated annual burden hours: 26. General description of report: This FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Announcement of Board information collection arises from a Formations of, Acquisitions by, and Approval Under Delegated Authority recordkeeping requirement contained in Mergers of Bank Holding Companies and Submission to OMB section 208.61 of the Board’s Regulation H, which requires each state member The companies listed in this notice AGENCY: Board of Governors of the bank to develop and maintain a written have applied to the Board for approval, Federal Reserve System. security program for the bank’s main pursuant to the Bank Holding Company office and branches within 180 days of Act of 1956 (12 U.S.C. 1841 et seq.) SUMMARY: The Board of Governors of the becoming a member of the Federal (BHC Act), Regulation Y (12 CFR part Federal Reserve System (Board) is Reserve System. There is no formal 225), and all other applicable statutes adopting a proposal to extend for three reporting form for this collection of and regulations to become a bank years, without revision, the Written information (the FR 4004 designation is holding company and/or to acquire the Security Program for State Member for internal purposes only), and the assets or the ownership of, control of, or Banks (FR 4004; OMB No. 7100–0112). information is not submitted to the the power to vote shares of a bank or Federal Reserve System. FOR FURTHER INFORMATION CONTACT: bank holding company and all of the Legal authorization and banks and nonbanking companies Federal Reserve Board Clearance confidentiality: The FR 4004 owned by the bank holding company, Officer—Nuha Elmaghrabi—Office of recordkeeping requirement is including the companies listed below. the Chief Data Officer, Board of authorized by section 3 of the Bank The applications listed below, as well Governors of the Federal Reserve Protection Act of 1968, which requires as other related filings required by the System, Washington, DC 20551, (202) federal banking agencies to issue rules Board, are available for immediate 452–3829. establishing minimum standards for inspection at the Federal Reserve Bank Office of Management and Budget banks with respect to the installation, indicated. The applications will also be maintenance, and operation of security (OMB) Desk Officer—Shagufta Ahmed— available for inspection at the offices of devices and procedures to discourage Office of Information and Regulatory the Board of Governors. Interested robberies, burglaries, and larcenies and persons may express their views in Affairs, Office of Management and to assist in the identification and writing on the standards enumerated in Budget, New Executive Office Building, apprehension of persons who commit the BHC Act (12 U.S.C. 1842(c)). If the Room 10235, 725 17th Street NW, such acts.1 The FR 4004 is mandatory. proposal also involves the acquisition of Washington, DC 20503 or by fax to (202) Because there is no reporting a nonbanking company, the review also 395–6974. requirement associated with this includes whether the acquisition of the SUPPLEMENTARY INFORMATION: On June recordkeeping requirement, the issue of nonbanking company complies with the 15, 1984, OMB delegated to the Board confidentiality does not normally arise. standards in section 4 of the BHC Act authority under the Paperwork If a bank’s written security program (12 U.S.C. 1843). Unless otherwise Reduction Act (PRA) to approve and were retained during the course of an noted, nonbanking activities will be examination, it may be exempt from assign OMB control numbers to conducted throughout the United States. disclosure under exemption 8 of the collection of information requests and Unless otherwise noted, comments Freedom of Information Act (FOIA), regarding each of these applications requirements conducted or sponsored which protects bank examination must be received at the Reserve Bank by the Board. Board-approved material.2 In addition, the records may indicated or the offices of the Board of collections of information are also be exempt from disclosure under Governors not later than September 11, incorporated into the official OMB exemption 4 of the FOIA, which 2019. inventory of currently approved protects from disclosure ‘‘trade secrets A. Federal Reserve Bank of Dallas collections of information. Copies of the and commercial or financial information (Robert L. Triplett III, Senior Vice PRA Submission, supporting statements obtained from a person [that is] President) 2200 North Pearl Street, and approved collection of information privileged or confidential.’’ 3 Dallas, Texas 75201–2272: instrument(s) are placed into OMB’s Current actions: On April 19, 2019, 1. Woodforest Financial Group public docket files. The Board may not the Board published a notice in the Employee Stock Ownership Plan (with conduct or sponsor, and the respondent Federal Register (84 FR 16492) 401(k) Provisions) and the related is not required to respond to, an requesting public comment for 60 days Woodforest Financial Group Employee information collection that has been on the extension, without revision, of Stock Ownership Trust, both of The extended, revised, or implemented on or Woodlands, Texas; to acquire up to 30 after October 1, 1995, unless it displays 1 12 U.S.C. 1882(a). percent of the voting shares of 2 a currently valid OMB control number. 5 U.S.C. 552(b)(8). Woodforest Financial Group, Inc., The 3 12 U.S.C. 552(b)(4).

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the FR 4004. The comment period for instrument(s) are placed into OMB’s for up to five additional years (for a total this notice expired on June 18, 2019. public docket files. of 10 years). Pursuant to section The Board did not receive any 225.12(b) of Regulation Y, a BHC may Final Approval Under OMB Delegated comments. request an extension of the section 3(a) Authority of the Extension for Three Board of Governors of the Federal Reserve holding period for voting securities of a Years, With Revision, of the Following bank or BHC acquired in the ordinary System, August 7, 2019. Information Collection Michele Taylor Fennell, course of collecting a DPC in good faith. Report title: Request for Extension of Pursuant to section 225.22(d)(1) of Assistant Secretary of the Board. Time to Dispose of Assets Acquired in Regulation Y, a BHC may request an [FR Doc. 2019–17260 Filed 8–12–19; 8:45 am] Satisfaction of Debts Previously extension of the section 4(c)(2) holding BILLING CODE 6210–01–P Contracted (DPC). period for voting securities or assets of Agency form number: FR 4006. a nonbanking company acquired in the OMB control number: 7100–0129. ordinary course of collecting a DPC in FEDERAL RESERVE SYSTEM Frequency: Event-generated. good faith. The FR 4006 is required to Respondents: Bank holding obtain the benefit of being permitted to Agency Information Collection companies (BHCs). Activities: Announcement of Board retain ownership, for more than two Estimated number of respondents: years, of voting securities or assets Approval Under Delegated Authority Section 3(a) DPC: 21; Section 4(c)(2) and Submission to OMB acquired in the ordinary course of DPC: 42. collection of a DPC. Individual AGENCY: Board of Governors of the Estimated average hours per response: respondents may request that Federal Reserve System. Section 3(a) DPC: 5 hours; Section information submitted to the Board, 4(c)(2) DPC: 5 hours. SUMMARY: The Board of Governors of the pursuant to sections 225.12(b) and Estimated annual burden hours: Federal Reserve System (Board) is 225.22(d) of Regulation Y, be kept Section 3(a) DPC: 105 hours; Section 4 adopting a proposal to extend for three confidential on a case-by-case basis. (c)(2) DPC: 210 hours. years, with revision, the Request for Such requests generally contain General description of report: The information related to how the BHC Extension of Time to Dispose of Assets Bank Holding Company Act (BHC Act) Acquired in Satisfaction of Debts acquired shares or assets and the plans and the Board’s Regulation Y require a of the BHC to divest the shares or assets. Previously Contracted (FR 4006; OMB BHC that acquired voting securities or No. 7100–0129). Under certain circumstances, this assets through foreclosure or otherwise information may qualify under FOR FURTHER INFORMATION CONTACT: in the ordinary course of collecting a Federal Reserve Board Clearance exemption 4 of the Freedom of DPC to seek prior Board approval in Information Act, which protects Officer—Nuha Elmaghrabi—Office of order to retain ownership of those the Chief Data Officer, Board of privileged or confidential commercial or shares or assets for more than two years. financial information (5 U.S.C. Governors of the Federal Reserve There are no required formal reporting System, Washington, DC 20551, (202) 552(b)(4)). forms associated with this information Current actions: On April 3, 2019, the 452–3829. collection (the FR 4006 designation is Board published a notice in the Federal Office of Management and Budget for internal purposes only). Instead, a Register (84 FR 13044) requesting (OMB) Desk Officer—Shagufta Ahmed— BHC is required to submit any extension public comment for 60 days on the Office of Information and Regulatory request to the Reserve Bank that has extension, with revision, of the Request Affairs, Office of Management and direct supervisory responsibility for the for Extension of Time to Dispose of Budget, New Executive Office Building, requesting BHC. The Board uses the Assets Acquired in Satisfaction of Debts Room 10235, 725 17th Street NW, information provided in the request to Previously Contracted (DPC). The Board Washington, DC 20503 or by fax to (202) fulfill its statutory obligation to will revise the FR 4006 to account for 395–6974. supervise BHCs. A copy of the PRA OMB submission, requests for an extension of the section Legal authorization and 3(a) holding period for bank DPC including the reporting form and confidentiality: The FR 4006 is instructions, supporting statement, and property pursuant to section 225.12(b) authorized pursuant to sections 3(a) and of the Board’s Regulation Y. The FR other documentation will be placed into 4(c)(2) of the BHC Act 1 and sections OMB’s public docket files. These 4006 currently does not account for this 225.12(b) and 225.22(d) of Regulation collection of information. The comment documents also are available on the Y.2 Under sections 3(a) and 4(c)(2) of the Federal Reserve Board’s public website period for this notice expired on June 3, BHC Act and sections 225.12(b) and 2019. The Board did not receive any at https://www.federalreserve.gov/apps/ 225.22(d)(1) of the Board’s Regulation Y, reportforms/review.aspx or may be comments. The revision will be a BHC is not required to seek prior implemented as proposed. requested from the agency clearance Board approval before acquiring officer, whose name appears above. Board of Governors of the Federal Reserve securities or assets in the ordinary System, August 7, 2019. SUPPLEMENTARY INFORMATION: On June course of collecting a DPC in good faith, Michele Taylor Fennell, 15, 1984, OMB delegated to the Board if such securities or assets (the ‘‘DPC authority under the Paperwork property’’) are divested within two years Assistant Secretary of the Board. Reduction Act (PRA) to approve and of acquisition. In order to hold the DPC [FR Doc. 2019–17262 Filed 8–12–19; 8:45 am] assign OMB control numbers to property beyond the two-year period, a BILLING CODE 6210–01–P collection of information conducted or BHC is required to seek the approval of sponsored by the Board. Board- the Board. The two-year period may be FEDERAL RESERVE SYSTEM approved collections of information are extended by the Board for up to three incorporated into the official OMB additional years, and holdings in certain Formations of, Acquisitions by, and inventory of currently approved types of DPC property may be extended Mergers of Bank Holding Companies collections of information. Copies of the PRA Submission, supporting statements 1 12 U.S.C. 1842(a) and 1843(c)(2). The companies listed in this notice and approved collection of information 2 12 CFR 225.22(d). have applied to the Board for approval,

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pursuant to the Bank Holding Company DEPARTMENT OF DEFENSE submission to verify posting (except Act of 1956 (12 U.S.C. 1841 et seq.) allow 30 days for posting of comments (BHC Act), Regulation Y (12 CFR part GENERAL SERVICES submitted by mail). 225), and all other applicable statutes ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Ms. and regulations to become a bank Cecelia L. Davis, Procurement Analyst, holding company and/or to acquire the NATIONAL AERONAUTICS AND at 202–219–0202 or email at assets or the ownership of, control of, or SPACE ADMINISTRATION [email protected]. the power to vote shares of a bank or [OMB Control No. 9000–0029; Docket No. SUPPLEMENTARY INFORMATION: bank holding company and all of the 2019–0003; Sequence No. 13] A. OMB Control Number, Title, and banks and nonbanking companies Any Associated Form(s) owned by the bank holding company, Submission for OMB Review; including the companies listed below. Extraordinary Contractual Action 9000–0029, Extraordinary Contractual Requests Action Requests. The applications listed below, as well as other related filings required by the AGENCY: Department of Defense (DOD), B. Needs and Uses General Services Administration (GSA), Board, are available for immediate FAR subpart 50.1 prescribes policies and National Aeronautics and Space inspection at the Federal Reserve Bank and procedures that allow contracts to Administration (NASA). indicated. The applications will also be be entered into, amended, or modified available for inspection at the offices of ACTION: Notice. in order to facilitate national defense the Board of Governors. Interested SUMMARY: under the extraordinary emergency persons may express their views in Under the provisions of the Paperwork Reduction Act, the authority granted under 50 U.S.C. 1431 writing on the standards enumerated in Regulatory Secretariat Division has et seq. and Executive Order (E.O.) 10789 the BHC Act (12 U.S.C. 1842(c)). If the submitted to the Office of Management dated November 14, 1958, et seq. proposal also involves the acquisition of and Budget (OMB) a request to review This authority applies to the a nonbanking company, the review also and approve a revision and renewal of Government Printing Office; the includes whether the acquisition of the a previously approved information Department of Homeland Security; the nonbanking company complies with the collection requirement regarding Tennessee Valley Authority; the standards in section 4 of the BHC Act extraordinary contractual action National Aeronautics and Space (12 U.S.C. 1843). Unless otherwise requests. Administration; the Department of noted, nonbanking activities will be Defense; the Department of the Army; DATES: conducted throughout the United States. Submit comments on or before the Department of the Navy; the September 12, 2019. Department of the Air Force; the Unless otherwise noted, comments ADDRESSES: Submit comments regarding Department of the Treasury; the regarding each of these applications this burden estimate or any other aspect Department of the Interior; the must be received at the Reserve Bank of this collection of information, Department of Agriculture; the indicated or the offices of the Board of including suggestions for reducing this Department of Commerce; and the Governors not later than September 10, burden to: Department of Transportation. Also 2019. Office of Information and Regulatory included is the Department of Energy A. Federal Reserve Bank of Affairs of OMB, Attention: Desk Officer for functions transferred to that Minneapolis (Mark A. Rauzi, Vice for GSA, Room 10236, NEOB, Department from other authorized President) 90 Hennepin Avenue, Washington, DC 20503 or at Oira_ agencies and any other agency that may Minneapolis, Minnesota 55480–0291: [email protected]. Additionally be authorized by the President. submit a copy to GSA by any of the In order for a contractor to be granted 1. Westbrand, Inc., Minot, North following methods: relief under the FAR, specific evidence Dakota; to acquire 100 percent of the • Federal eRulemaking Portal: This must be submitted which supports the voting shares of BlackRidge Financial, website provides the ability to type firm’s assertion that relief is appropriate Inc., West Fargo, North Dakota, and short comments directly into the and that the matter cannot be disposed thereby indirectly acquire comment field or attach a file for of under the terms of the contract. BlackRidgeBANK, Fargo, North Dakota. lengthier comments. Go to http:// FAR 50.103–3 specifies the minimum Board of Governors of the Federal Reserve www.regulations.gov and follow the information that a contractor must System, August 7, 2019. instructions on the site. include in a request for contract • Yao-Chin Chao, Mail: General Services adjustment in accordance with FAR 50– Administration, Regulatory Secretariat 103–1 and 50.103–2. Assistant Secretary of the Board. Division (MVCB), 1800 F Street NW, FAR 50–103–4 sets forth additional [FR Doc. 2019–17279 Filed 8–12–19; 8:45 am] Washington, DC 20405. ATTN: Lois information that the contracting officer BILLING CODE 6210–01–P Mandell/IC 9000–0029, Extraordinary or other agency official may request Contractual Action Requests. from the contractor to support any Instructions: All items submitted request made under FAR 50.103–3. must cite Information Collection 9000– FAR 50.104–3 sets forth the 0029, Extraordinary Contractual Action information that the contractor shall Requests. Comments received generally include in a request for the will be posted without change to http:// indemnification clause to cover www.regulations.gov, including any unusually hazardous or nuclear risks. personal and/or business confidential FAR 52.250–1, Indemnification under information provided. To confirm Public Law 850804, requires in receipt of your comment(s), please paragraph (g) that the contractor shall check www.regulations.gov, promptly notify the contracting officer approximately two to three days after of any claim or action against, or loss

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by, the contractor or any subcontractors comments related to the previous (RTC) model is the strategic framework that may reasonably to involve notice. This notice serves to allow an employed by the WTCHP to prioritize, indemnification under the clause. additional 30 days for public and conduct, and assess research that The information is used by the affected agency comments. informs excellence in clinical care for Government to determine if relief can be CDC will accept all comments for this the population of responders and granted under FAR and to determine the proposed information collection project. survivors affected by the 9/11 attacks in appropriate type and amount of relief. The Office of Management and Budget New York City. It is the focus of this is particularly interested in comments assessment. C. Annual Burden that: The RTC model assumes the Respondents: 28. (a) Evaluate whether the proposed collective involvement of different Total Annual Responses: 164. collection of information is necessary WTCHP stakeholders, including Total Burden Hours: 6,800. for the proper performance of the members, researchers, clinicians, and functions of the agency, including program administrators. It accounts for D. Public Comment whether the information will have a variety of inputs that can affect the A 60-day notice was published in the practical utility; progress and impact of WTCHP Federal Register at 84 FR 25809, on (b) Evaluate the accuracy of the research. These inputs include people June 4, 2019. No comments were agencies estimate of the burden of the and organizations (e.g., program received. proposed collection of information, members, providers, clinical centers of Obtaining Copies: Requesters may including the validity of the excellence, extramural researchers, and obtain a copy of the information methodology and assumptions used; program staff), resources (e.g., collection documents from the General (c) Enhance the quality, utility, and technology, data centers, the NYC 9/11 Services Administration, Regulatory clarity of the information to be Health Registry) and regulatory rules, Secretariat Division (MVCB), 1800 F collected; principally the Zadroga Act. The Street NW, Washington, DC 20405, (d) Minimize the burden of the program supports activities such as telephone 202–501–4755. Please cite collection of information on those who research prioritization, conduct of OMB Control No. 9000–0029, are to respond, including, through the research, delivery of medical care, and Extraordinary Contractual Action use of appropriate automated, iterative assessments of the translation Requests, in all correspondence. electronic, mechanical, or other of research to improvements in health technological collection techniques or care services and chronic disease Dated: August 8, 2019. other forms of information technology, management. These activities aim to Janet Fry, e.g., permitting electronic submission of produce tangible outputs such as Director, Federal Acquisition Policy Division, responses; and research findings on WTC-related Office of Governmentwide Acquisition Policy, (e) Assess information collection conditions, healthcare protocols, peer- Office of Acquisition Policy, Office of Governmentwide Policy. costs. reviewed publications, quality To request additional information on assessment reports, and member and [FR Doc. 2019–17283 Filed 8–12–19; 8:45 a.m.] the proposed project or to obtain a copy provider education products. Finally, BILLING CODE 6820–EP–P of the information collection plan and the model anticipates short-, instruments, call (404) 639–7570 or intermediate-, and long-term send an email to [email protected]. Direct measurement of outcomes and serves as DEPARTMENT OF HEALTH AND written comments and/or suggestions a communication tool for program HUMAN SERVICES regarding the items contained in this planning and evaluation. notice to the Attention: CDC Desk In 2016, NIOSH contracted with the Centers for Disease Control and Officer, Office of Management and RAND Corporation to evaluate the Prevention Budget, 725 17th Street NW, WTCHP RTC model including the [30Day–19–19AEN] Washington, DC 20503 or by fax to (202) research investments to date and the 395–5806. Provide written comments effectiveness with which the Program Agency Forms Undergoing Paperwork within 30 days of notice publication. translates its research to different Reduction Act Review stakeholder groups. This work will Proposed Project ultimately provide guidance for the In accordance with the Paperwork Stakeholder Interviews for the WTCHP on strategic directions, as well Reduction Act of 1995, the Centers for Evaluation of the World Trade Center as produce generalizable knowledge Disease Control and Prevention (CDC) Health Program for Impact Assessment about the translation of research into has submitted the information and Strategic Planning for Translational improved outcomes for individuals and collection request titled Stakeholder Research—New—National Institute for populations exposed to disasters such as Interviews for the Evaluation of the Occupational Safety and Health the 9/11 attacks. As a part of this World Trade Center Health Program for (NIOSH), Centers for Disease Control evaluation, we will hold a series of Impact Assessment and Strategic and Prevention (CDC). interviews with representatives of Planning for Translational Research, to different stakeholder groups to explore the Office of Management and Budget Background and Brief Description their perspectives on translational (OMB) for review and approval. CDC The World Trade Center Health research in the context of the WTCHP. previously published a ‘‘Proposed Data Program (WTCHP) was established by These interviews are necessary to gather Collection Submitted for Public the James Zadroga 9/11 Health and information on the translation of Comment and Recommendations’’ Compensation Act of 2010, Public Law WTCHP-supported research into better notice on April 8, 2019 to obtain 111–347 (hereafter referred to as ‘‘the care for members, the impact of this comments from the public and affected Zadroga Act’’). Under subtitle C, the research, and stakeholders’ views on agencies. The WTCHP is administered Zadroga Act requires the establishment future directions for the program. by the CDC/National Institute for of a research program on health Interview responses will be Occupational Safety and Health conditions resulting from the 9/11 incorporated into RAND’s overall (NIOSH). CDC did not receive terrorist attacks. The Research to Care assessment of the WTCHP program’s

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research portfolio and will inform Specific topics to be addressed in the • Impact of the research on program recommendations for future research interviews will include: outcomes as defined by the Research-to- investments and strategic direction. We • Stakeholder views on key findings Care logic model. will conduct 20 semi-structured, in- from a large systematic review of WTC- • Opportunities for future directions related research conducted in a separate depth interviews by telephone that will for the WTCHP, which is funded part of this evaluation. last approximately one hour each. Three • through 2090. of the 20 participants are NIOSH Adherence of WTCHP-supported research to key principles of OMB approval is requested for one employees and are excluded from the translational research: Relevance, year. Participation is voluntary, and burden estimate. The burden estimate is transparency, and usefulness of the there are no costs to respondents other based on the 17 respondents who are research. than their time. The total estimated not NIOSH employees. • Examples of use of the research. annualized burden is 17 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Principal Investigators of WTCHP-Funded Interview Discussion Guide and Brief Demo- 4 1 1 Research. graphic Survey. Leadership from WTC Clinical Centers of Ex- Interview Discussion Guide and Brief Demo- 3 1 1 cellence. graphic Survey. WTC Health Registry staff ...... Interview Discussion Guide and Brief Demo- 1 1 1 graphic Survey. Clinicians Caring for WTCHP Members ...... Interview Discussion Guide and Brief Demo- 2 1 1 graphic Survey. WTCHP Responders and Survivors (State/ Interview Discussion Guide and Brief Demo- 3 1 1 local govt). graphic Survey. WTCHP Responders and Survivors (private Interview Discussion Guide and Brief Demo- 4 1 1 citizens). graphic Survey.

Jeffrey M. Zirger, CDC will accept all comments for this notice to the Attention: CDC Desk Lead, Information Collection Review Office, proposed information collection project. Officer, Office of Management and Office of Scientific Integrity, Office of Science, The Office of Management and Budget Budget, 725 17th Street NW, Centers for Disease Control and Prevention. is particularly interested in comments Washington, DC 20503 or by fax to (202) [FR Doc. 2019–17297 Filed 8–12–19; 8:45 am] that: 395–5806. Provide written comments BILLING CODE 4163–18–P (a) Evaluate whether the proposed within 30 days of notice publication. collection of information is necessary Proposed Project for the proper performance of the DEPARTMENT OF HEALTH AND functions of the agency, including Million Hearts® Hospital/Health HUMAN SERVICES whether the information will have System Recognition Program—New— practical utility; National Center for Chronic Disease Centers for Disease Control and (b) Evaluate the accuracy of the Prevention and Health Promotion Prevention agencies estimate of the burden of the (NCCDPHP), Centers for Disease Control proposed collection of information, and Prevention (CDC). [30-Day–19–19TG] including the validity of the Background and Brief Description methodology and assumptions used; ® Agency Forms Undergoing Paperwork (c) Enhance the quality, utility, and Million Hearts is pleased to Reduction Act Review clarity of the information to be announce the upcoming launch of the ® collected; Million Hearts Hospital/Health System In accordance with the Paperwork (d) Minimize the burden of the Recognition Program, a program that Reduction Act of 1995, the Centers for collection of information on those who recognizes institutions working to Disease Control and Prevention (CDC) are to respond, including, through the systematically improve the has submitted the information use of appropriate automated, cardiovascular health of the population ® collection request titled Million Hearts electronic, mechanical, or other and communities they serve through the Hospital/Health System Recognition technological collection techniques or priority areas of Keeping People Program to the Office of Management other forms of information technology, Healthy, Optimizing Care, Improving and Budget (OMB) for review and e.g., permitting electronic submission of Outcomes for Priority Populations, and approval. CDC previously published a responses; and Innovating for Health. Heart disease, ‘‘Proposed Data Collection Submitted (e) Assess information collection stroke and other cardiovascular diseases for Public Comment and costs. (CVDs) kill over 800,000 Americans Recommendations’’ notice on April 2, To request additional information on each year, accounting for one in every 2019 to obtain comments from the the proposed project or to obtain a copy three deaths. CVD is the nation’s public and affected agencies. CDC of the information collection plan and number one killer among both men and received one non-substantive comment. instruments, call (404) 639–7570 or women and the leading cause of health This notice serves to allow an additional send an email to [email protected]. Direct disparities across the population. 30 days for public and affected agency written comments and/or suggestions Million Hearts®, a national, public- comments. regarding the items contained in this private initiative co-led by the Centers

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for Disease Control and Prevention well as those who have had a cardiac or positioned to improve the health of the (CDC) and the Centers for Medicare & cerebrovascular event and remain at risk population they serve by implementing Medicaid Services (CMS), was for having a subsequent event. Hospitals high-impact, evidence-based strategies. established to address this issue. The are also the largest component of the Achieving a Million Hearts® Hospital/ ® Million Hearts Hospital/Health System health care sector, and in total employ Health System designation signals a Recognition Program engages, equips, over 5.4 million people—the second commitment to not only clinical quality, and supports leading clinical largest source of private sector jobs. but population health overall. institutions across the country to excel Whether migrating towards value-based in cardiovascular health and care. reimbursement or simply striving for a CDC is requesting approval for 297 Hospitals and health systems are critical significant impact in reducing the annual burden hours. There are no costs to population health, given their direct devastation of heart attacks and strokes, to respondents other than their time. connection to people at risk for CVD, as hospitals and health systems are

ESTIMATED ANNUALIZED BURDEN HOURS

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

Medical & Health Service Manager ...... Recognition Program Application ...... 100 1 160/60 Medical & Health Service Manager ...... Interview Guide ...... 60 1 30/60

Jeffrey M. Zirger, who have sex with men (MSM) of color or sponsor. In addition, the PRA also Lead, Information Collection Review Office, by creating a collaborative with requires Federal agencies to provide a Office of Scientific Integrity, Office of Science, community based organizations (CBOs), 60-day notice in the Federal Register Centers for Disease Control and Prevention. clinics and other health care providers, concerning each proposed collection of [FR Doc. 2019–17286 Filed 8–12–19; 8:45 am] and behavioral health and social information, including each new BILLING CODE 4163–18–P services providers in their jurisdiction. proposed collection, each proposed DATES: CDC must receive written extension of existing collection of comments on or before October 15, information, and each reinstatement of DEPARTMENT OF HEALTH AND 2019. previously approved information HUMAN SERVICES collection before submitting the ADDRESSES: You may submit comments, identified by Docket No. CDC–2019– collection to the OMB for approval. To Centers for Disease Control and comply with this requirement, we are Prevention 0065 by any of the following methods: • Federal eRulemaking Portal: publishing this notice of a proposed [60Day–19–1178; Docket No. CDC–2019– Regulations.gov. Follow the instructions data collection as described below. 0065] for submitting comments. The OMB is particularly interested in • Mail: Jeffrey M. Zirger, Information comments that will help: Proposed Data Collection Submitted Collection Review Office, Centers for 1. Evaluate whether the proposed for Public Comment and Disease Control and Prevention, 1600 collection of information is necessary Recommendations Clifton Road NE, MS–D74, Atlanta, for the proper performance of the functions of the agency, including AGENCY: Centers for Disease Control and Georgia 30329. Instructions: All submissions received whether the information will have Prevention (CDC), Department of Health practical utility; and Human Services (HHS). must include the agency name and Docket Number. CDC will post, without 2. Evaluate the accuracy of the ACTION: Notice with comment period. change, all relevant comments to agency’s estimate of the burden of the proposed collection of information, SUMMARY: Regulations.gov. The Centers for Disease including the validity of the Control and Prevention (CDC), as part of Please note: Submit all comments through the Federal eRulemaking portal methodology and assumptions used; its continuing effort to reduce public 3. Enhance the quality, utility, and burden and maximize the utility of (regulations.gov) or by U.S. mail to the address listed above. clarity of the information to be government information, invites the collected; and general public and other Federal FOR FURTHER INFORMATION CONTACT: To 4. Minimize the burden of the agencies the opportunity to comment on request more information on the collection of information on those who a proposed and/or continuing proposed project or to obtain a copy of are to respond, including through the information collection, as required by the information collection plan and use of appropriate automated, the Paperwork Reduction Act of 1995. instruments, contact Jeffrey M. Zirger, electronic, mechanical, or other This notice invites comment on a Information Collection Review Office, technological collection techniques or proposed information collection project Centers for Disease Control and other forms of information technology, titled Comprehensive HIV Prevention Prevention, 1600 Clifton Road NE, MS– e.g., permitting electronic submissions and Care for Men Who Have Sex with D74, Atlanta, Georgia 30329; phone: of responses. Men of Color. This study is designed to 404–639–7570; Email: [email protected]. 5. Assess information collection costs. support state and local health SUPPLEMENTARY INFORMATION: Under the departments to develop and implement Paperwork Reduction Act of 1995 (PRA) Proposed Project demonstration projects for provision of (44 U.S.C. 3501–3520), Federal agencies Comprehensive HIV Prevention and comprehensive human must obtain approval from the Office of Care for Men Who Have Sex With Men immunodeficiency virus (HIV) Management and Budget (OMB) for each of Color (OMB Control No. 0920–1178, prevention and care services for men collection of information they conduct Exp. 4/30/2020)—Extension—National

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Center for HIV/AIDS, Viral Hepatitis, medications as prescribed, returning for independent management and diverse STD, and TB Prevention (NCHHSTP), follow-up visits to support adherence, funding streams and administration of Centers for Disease Control and and monitoring potential medication each collaborative member, the health Prevention (CDC). side effects. Lab-based Antigen/ departments will need to work Antibody HIV testing is recommended cooperatively with CDC to form and Background and Brief Description because it is the most sensitive HIV sustain this collaborative and to provide Approximately 40,000 people in the diagnostic test, allowing acute HIV technical assistance and support for United States are newly infected with infection to be diagnosed, and allowing them to deliver high quality HIV HIV each year. Gay, bisexual, and other health departments to prioritize prevention and care services to men men who have sex with men (MSM) initiation of treatment early in the who require them. CDC needs to remain the population most affected by course of infection to improve long-term understand facilitators and barriers to HIV infection in the United States (US). health outcomes and prevent secondary developing and sustaining a community Among MSM, those who are black and HIV transmission. State and local health collaborative to guide the technical Hispanic comprise 64% of all new departments are authorized to provide assistance it provides to the infections. Goals of the National HIV HIV testing, prevention, and care collaborative so it can optimally deliver Prevention Strategy and the new services, and are essential partners in all of the required HIV prevention and initiative ‘‘Ending the HIV Epidemic: A carrying out Thrive’s programmatic care services to all men who require Plan for America’’ include increasing goals. The continuum of HIV care them. the number of MSM of color living with services includes HIV testing and Because many of the service providers HIV infection who achieve HIV viral notifying HIV-positive men of their in the collaborative are not part of the suppression with antiretroviral results, linking HIV-positive men to health department organizational treatment (ART), and decreasing the their initial HIV clinic visit, prescribing structure or co-located within a health number of new HIV infections among antiretroviral medications to treat HIV department facility or clinic, the health MSM of color at risk of acquiring an HIV infection, adhering to antiretroviral departments will support navigators to infection. medications, being retained or re- help MSM of color to utilize all of the Achieving these outcomes requires engaged in care, and achieving HIV viral services. In order to provide technical that men utilize a broad variety of HIV suppression. assistance to ensure effective navigation prevention and care services. The These services will be provided by a models, CDC must understand the continuum of HIV prevention services community collaborative led by the characteristics of the various models; includes HIV testing, offering HIV- health department, which consists of how they integrate service utilization negative men at risk for acquiring HIV several partners: Community-based within the collaborative structure, and infection biomedical interventions such organizations (CBOs), healthcare the number of men who they assist in as preexposure prophylaxis (PrEP) or providers, behavioral healthcare utilizing services. CDC requests postexposure prophylaxis (PEP), providers, and social service providers. approval for 1,543 annual burden hours. prescribing the medications needed for But, because of the fragmented nature of There are no other costs to respondents PrEP or PEP, adhering to these U.S. healthcare system, and the other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

THRIVE Partners ...... Monitoring and Evaluation Data Elements on 80 2 9 1,440 HIV Prevention and Care Services. Qualitative Interview: Collaborative Process 80 1 40/60 53 Evaluation. Collaborative Assessment Tool ...... 80 1 20/60 27 THRIVE Awardees ...... Monitoring and Evaluation Data Elements on 7 2 1 14 HIV Prevention and Care Services. Qualitative Interview: Collaborative Process 7 1 40/60 5 Evaluation. Collaborative Assessment Tool ...... 7 1 20/60 2 Funding Allocation Report ...... 7 1 20/60 2

Total ...... 1,543

Jeffrey M. Zirger, Lead, Information Collection Review Office, Office of Scientific Integrity, Office of Science, Centers for Disease Control and Prevention. [FR Doc. 2019–17291 Filed 8–12–19; 8:45 am] BILLING CODE 4163–18–P

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DEPARTMENT OF HEALTH AND D74, Atlanta, Georgia 30329; phone: System (BRFSS) and other NCCDPHP HUMAN SERVICES 404–639–7118; Email: [email protected]. programs are expected to be the major SUPPLEMENTARY INFORMATION: Under the focus of activity under this generic. Centers for Disease Control and Paperwork Reduction Act of 1995 (PRA) Additional information collections may Prevention (44 U.S.C. 3501–3520), Federal agencies also be considered for submission [60Day–19–19BND; Docket No. CDC–2019– must obtain approval from the Office of through this generic clearance if they 0066] Management and Budget (OMB) for each are relevant to BRFSS and NCCDPHP collection of information they conduct programs or collaborations. Proposed Data Collection Submitted or sponsor. In addition, the PRA also Cognitive testing and pilot testing are for Public Comment and requires Federal agencies to provide a methodological procedures conducted Recommendations 60-day notice in the Federal Register to prepare for a large scale or key concerning each proposed collection of information collection. Cognitive and AGENCY: Centers for Disease Control and information, including each new pilot testing activities are designed to Prevention (CDC), Department of Health proposed collection, each proposed improve information quality and the and Human Services (HHS). extension of existing collection of efficiency of information collection by ACTION: Notice with comment period. information, and each reinstatement of addressing issues such as the use of new previously approved information or existing survey questions, question SUMMARY: The Centers for Disease formatting, survey protocols, data Control and Prevention (CDC), as part of collection before submitting the collection to the OMB for approval. To collection software systems and other its continuing efforts to reduce public related processes. burden and maximize the utility of comply with this requirement, we are publishing this notice of a proposed Cognitive testing is a technique used government information, invites the to clarify the meaning of survey general public and other Federal data collection as described below. The OMB is particularly interested in questions and/or the response options agencies to take this opportunity to comments that will help: for questions. Cognitive testing comment on proposed and/or 1. Evaluate whether the proposed contributes to the understanding of the continuing information collections, as collection of information is necessary validity and reliability of questions used required by the Paperwork Reduction for the proper performance of the for a variety of public health purposes. Act of 1995. This notice invites functions of the agency, including Cognitive testing is conducted early in comment on a Generic Information whether the information will have the process of considering questions for Collection Request for Cognitive Testing practical utility; use in a survey or other information and Pilot Testing for the National Center 2. Evaluate the accuracy of the collection activity. This type of testing for Chronic Disease Prevention and agency’s estimate of the burden of the is usually conducted in a controlled Health Promotion. A generic clearance proposed collection of information, setting, such as an office setting. is needed to support methodological including the validity of the Respondents participate in a discussion studies that improve information quality methodology and assumptions used; or interview with a trained interviewer and the efficiency of information 3. Enhance the quality, utility, and and may respond individually or as collection. clarity of the information to be members of focus groups. DATES: CDC must receive written collected; and Questions may undergo cognitive comments on or before October 15, 4. Minimize the burden of the testing because they have not been used 2019. collection of information on those who in previous surveys; for example, are to respond, including through the questions related to the emergence of a ADDRESSES: You may submit comments, use of appropriate automated, new public health concern (such as e- identified by Docket No. CDC–2019– electronic, mechanical, or other cigarettes). In addition, testing may be 0066 by any of the following methods: technological collection techniques or conducted on previously used questions • Federal eRulemaking Portal: other forms of information technology, to assess their use in a different Regulations.gov. Follow the instructions e.g., permitting electronic submissions information collection mode; for for submitting comments. example, testing might be conducted to • Mail: Jeffrey M. Zirger, Information of responses. 5. Assess information collection costs. convert questions developed for a paper Collection Review Office, Centers for survey to an interview format or an Disease Control and Prevention, 1600 Proposed Project electronic survey format; or testing Clifton Road NE, MS–D74, Atlanta, Generic Information Collection might be conducted to identify issues Georgia 30329. Request (ICR) for Cognitive Testing and specific to a subpopulation or language Instructions: All submissions received Pilot Testing for the National Center for translation. Respondents are asked to must include the agency name and Chronic Disease Prevention and Health review questions and/or surveys to Docket Number. CDC will post, without Promotion (NCCDPHP)—New—National discuss their impressions of the items change, all relevant comments to Center for Chronic Disease Prevention under consideration, the questions, the Regulations.gov. and Health Promotion (NCCDPHP), response set, individual words within Please note: Submit all comments Centers for Disease Control and the question, or the focus of the through the Federal eRulemaking portal Prevention (CDC). questionnaire itself. Incentives may be (regulations.gov) or by U.S. mail to the offered to respondents who participate address listed above. Background and Brief Description in the in-person phase of cognitive FOR FURTHER INFORMATION CONTACT: To CDC’s National Center for Chronic testing since these activities involve request more information on the Disease Prevention and Health additional burden and inconvenience. proposed project or to obtain a copy of Promotion (NCCDPHP) plans to Pilot testing is used to determine the information collection plan and establish a generic clearance to support whether methods or modes of data instruments, contact Jeffrey M. Zirger, information collection for cognitive collection (such as phone or mail Information Collection Review Office, testing and pilot testing activities. surveys, in-person interviews or online Centers for Disease Control and Information collections that support the data collection) are appropriate and Prevention, 1600 Clifton Road NE, MS– Behavioral Risk Factor Surveillance efficient ways of collecting data. Pilot

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testing may include testing of changes Cognitive and pilot testing are NCCDPHP programs and collaborators. in sampling or contacting potential efficient means of identifying problems Each information collection activity respondents. with questions and procedures prior to conducted through this generic will be The majority of participants in implementation of data collection. submitted to OMB for approval in a cognitive and pilot testing activities are Thus, they are cost effective approaches project-specific information collection expected to be adults ≥18 years of age. to providing evidence on survey request that describes its purpose and Information may be collected during the questionnaire performance. A methods. recruitment process to assist in the consequence of cognitive and pilot Participation in cognitive and pilot selection of respondents. Respondents testing is to maintain high levels of testing is voluntary, but respondents may be recruited to take part in testing participation in the information will be encouraged to participate by through online or newspaper collection process itself. explanations of the need for their input advertisements. If the participants are Initial response and burden estimates in the introduction of each survey. CDC not recruited to be present at a physical are based on anticipated information requests approval for an 8,950 burden location, they may be called and collection needs for the BRFSS, with an hours annually. There are no costs to recruited by telephone. additional allocation for a variety of respondents other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

General U.S. Population or Selected Screening for cognitive testing ...... 2,500 1 15/60 625 Subpopulation. Screening for pilot testing ...... 2,400 1 15/60 600 Cognitive testing in person ...... 1,500 1 60/60 1,500 Cognitive testing by phone ...... 1,500 1 45/60 1,125 Cognitive testing by ABS/mail/web .. 600 1 60/60 600 Pilot testing in person ...... 1,000 1 30/60 500 Pilot testing by phone ...... 3,000 1 30/60 1,500 Pilot testing by ABS/mail/web ...... 5,000 1 30/60 2,500

Total ...... 17,500 ...... 8,950

Jeffrey M. Zirger, days for public and affected agency of the information collection plan and Lead, Information Collection Review Office, comments. instruments, call (404) 639–7570 or Office of Scientific Integrity, Office of Science, CDC will accept all comments for this send an email to [email protected]. Direct Centers for Disease Control and Prevention. proposed information collection project. written comments and/or suggestions [FR Doc. 2019–17289 Filed 8–12–19; 8:45 am] The Office of Management and Budget regarding the items contained in this BILLING CODE 4163–18–P is particularly interested in comments notice to the Attention: CDC Desk that: Officer, Office of Management and (a) Evaluate whether the proposed Budget, 725 17th Street NW, DEPARTMENT OF HEALTH AND collection of information is necessary Washington, DC 20503 or by fax to (202) HUMAN SERVICES for the proper performance of the 395–5806. Provide written comments within 30 days of notice publication. Centers for Disease Control and functions of the agency, including whether the information will have Prevention Proposed Project practical utility; [30Day–19–1150] (b) Evaluate the accuracy of the Lyme and other Tickborne Diseases agencies estimate of the burden of the Knowledge, Attitudes, and Practices Agency Forms Undergoing Paperwork proposed collection of information, Surveys—Extension—National Center Reduction Act Review including the validity of the for Emerging and Zoonotic Infectious In accordance with the Paperwork methodology and assumptions used; Diseases (NCEZID), Centers for Disease Reduction Act of 1995, the Centers for (c) Enhance the quality, utility, and Control and Prevention (CDC). clarity of the information to be Disease Control and Prevention (CDC) Background and Brief Description has submitted the information collected; collection request titled Lyme and Other (d) Minimize the burden of the The Centers for Disease Control and Tickborne Diseases Knowledge, collection of information on those who Prevention (CDC) Division of Vector- Attitudes, and Practices Surveys to the are to respond, including, through the Borne Diseases (DVBD) and other Office of Management and Budget use of appropriate automated, programs working on tickborne diseases (OMB) for review and approval. CDC electronic, mechanical, or other (TBDs) are requesting a three year previously published a ‘‘Proposed Data technological collection techniques or extension without change for a generic Collection Submitted for Public other forms of information technology, clearance to conduct TBD prevention Comment and Recommendations’’ e.g., permitting electronic submission of studies to include knowledge, attitudes, notice on June 5, 2019 to obtain responses; and and practices (KAP) surveys regarding comments from the public and affected (e) Assess information collection ticks and tickborne diseases (TBDs) agencies. CDC received one comment costs. among residents and businesses offering related to the previous notice. This To request additional information on pest control services in Lyme disease notice serves to allow an additional 30 the proposed project or to obtain a copy endemic areas of the United States. The

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data collection for which approval is The primary target population for weekly, monthly, or bi-monthly per sought will allow DVBD to use survey these data collections are individuals participant for a defined period of time results to inform implementation of and their household members who are (whether by phone or web survey), future TBD prevention interventions. at risk for TBDs associated with I. depending on the survey or study. The TBDs are a substantial and growing scapularis ticks and who may be surveys will range in duration from public health problem in the United exposed to these ticks residentially, approximately 5–30 minutes. Each States. From 2004–2016, over 490,000 recreationally, and/or occupationally. participant may be surveyed 1–64 times cases of TBDs were reported to CDC, The secondary target population in one year; this variance is due to including cases of anaplasmosis, includes owners and employees of differences in the type of information babesiosis, ehrlichiosis, Lyme disease, businesses offering pest control services collected for a given survey. Specific Rocky Mountain spotted fever, and to residents in areas where I. scapularis burden estimates for each study and tularemia (CDC, 2018). Lyme disease ticks transmit diseases to humans. each information collection instrument accounted for 82% of all TBDs, with Specifically, these target populations will be provided with each individual over 400,000 cases reported during this include those residing or working in the project submission for OMB review. The time period. In addition, several novel 15 highest incidence states for Lyme maximum estimated, annualized burden tickborne pathogens have recently been disease (CT, DE, ME, MD, MA, MN, NH, hours are 9,583 hours. found to cause human disease in the NJ, NY, PA, RI, VT, VA, WI and WV). United States. Factors driving the We anticipate conducting one to two Insights gained from KAP surveys will emergence of TBDs are not well defined surveys per year, for a maximum of six aid in prioritizing which prevention and current prevention methods have surveys conducted over a three year methods should be evaluated in future been insufficient to curb the increase in period. Depending on the survey, we randomized, controlled trials and cases. Data is lacking on how often aim to enroll 500–10,000 participants ultimately help target promotion of certain prevention measures are used by per study. It is expected that we will proven prevention methods that could individuals at risk as well as what the need to target recruitment to about twice yield substantial reductions in TBD barriers to using certain prevention as many people as we intend to enroll. incidence. There is no cost to measure are. Surveys may be conducted daily, respondents 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)

General public ...... Screening instrument ...... 4,000 1 15/60 Consent form ...... 2,000 1 10/60 Introductory Surveys ...... 2,000 1 30/60 Monthly surveys ...... 2,000 12 15/60 Final surveys ...... 2,000 1 30/60 Pest control operators ...... PCO Survey ...... 500 1 30/60

Jeffrey M. Zirger, burden and maximize the utility of ADDRESSES: You may submit comments, Lead, Information Collection Review Office, government information, invites the identified by Docket No. CDC–2019– Office of Scientific Integrity, Office of Science, general public and other Federal 0067 by any of the following methods: Centers for Disease Control and Prevention. agencies the opportunity to comment on • Federal eRulemaking Portal: [FR Doc. 2019–17288 Filed 8–12–19; 8:45 am] a proposed and/or continuing Regulations.gov. Follow the instructions BILLING CODE 4163–18–P information collection, as required by for submitting comments. • the Paperwork Reduction Act of 1995. Mail: Jeffrey M. Zirger, Information This notice invites comment on a Collection Review Office, Centers for DEPARTMENT OF HEALTH AND proposed information collection project Disease Control and Prevention, 1600 HUMAN SERVICES titled Performance Measurement for Clifton Road NE, MS–D74, Atlanta, STD Prevention. This information Georgia 30329. Centers for Disease Control and collection is for the 59 state, local, and Instructions: All submissions received Prevention territorial health departments that are must include the agency name and recipients of CDC’s cooperative Docket Number. CDC will post, without [60Day–19–19BNG; Docket No. CDC–2019– change, all relevant comments to 0067] agreement PS19–1901 STD PCHD. The information collection covers key Regulations.gov. Please note: Submit all comments Proposed Data Collection Submitted performance measures that will be used through the Federal eRulemaking portal for Public Comment and to assess recipients’ individual and (regulations.gov) or by U.S. mail to the Recommendations collective progress towards the larger address listed above. aims of the cooperative agreement, FOR FURTHER INFORMATION CONTACT: AGENCY: Centers for Disease Control and direct technical assistance to recipients, To Prevention (CDC), Department of Health and obtain information needed to help request more information on the and Human Services (HHS) assess the cooperative agreement’s proposed project or to obtain a copy of the information collection plan and ACTION: Notice with comment period. public health impact. instruments, contact Jeffrey M. Zirger, SUMMARY: The Centers for Disease DATES: CDC must receive written Information Collection Review Office, Control and Prevention (CDC), as part of comments on or before October 15, Centers for Disease Control and its continuing effort to reduce public 2019. Prevention, 1600 Clifton Road NE, MS–

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D74, Atlanta, Georgia 30329; phone: technological collection techniques or the five-year period 2019–2024. The 404–639–7570; Email: [email protected]. other forms of information technology, cooperative agreement represents a SUPPLEMENTARY INFORMATION: Under the e.g., permitting electronic submissions focused scope of work that reflects the Paperwork Reduction Act of 1995 (PRA) of responses. core public health functions of (44 U.S.C. 3501–3520), Federal agencies 5. Assess information collection costs. assessment, assurance, and policy, and aligns with today’s STD epidemiology must obtain approval from the Office of Proposed Project Management and Budget (OMB) for each and best practices. In 2019, collection of information they conduct Performance Measurement for STD approximately $92.5 million dollars or sponsor. In addition, the PRA also Prevention and Control Program— were awarded by CDC to 59 state, local, requires Federal agencies to provide a New—National Center for HIV, and territorial health departments to 60-day notice in the Federal Register Hepatitis, STD, and TB Prevention carry out these functions. concerning each proposed collection of (NCHHSTP), Centers for Disease Control The goal of this data collection is to information, including each new and Prevention (CDC). guide performance measurement efforts among the 59 health departments that proposed collection, each proposed Background and Brief Description extension of existing collection of receive funding from CDC to conduct information, and each reinstatement of Health departments play a critical role STD surveillance, prevention and previously approved information in addressing STD prevention and control through cooperative agreement collection before submitting the control and are well-positioned to PS19–1901. The purpose is to assess collection to the OMB for approval. To monitor and understand local trends in recipients’ individual and collective comply with this requirement, we are STDs through case-based surveillance, progress towards the larger aims of the publishing this notice of a proposed and to respond to emerging threats and cooperative agreement, direct technical data collection as described below. outbreaks. Health department STD assistance to recipients, and obtain The OMB is particularly interested in programs also have the authority and information needed to help assess the comments that will help: skills to conduct disease investigation cooperative agreement’s public health 1. Evaluate whether the proposed activities including partner services, an impact. The resulting data will be used collection of information is necessary effective intervention to prevent STD to identify areas for improvement both for the proper performance of the transmission in some populations. within individual sites and as it pertains functions of the agency, including Given that most STDs are diagnosed to the funded community as a whole, whether the information will have outside of public STD clinics, health and to document outcomes associated practical utility; departments must also work with with STD surveillance, prevention, and 2. Evaluate the accuracy of the primary care and other health care control efforts. agency’s estimate of the burden of the providers and organizations to promote Data will be collected in aggregate proposed collection of information, the delivery of recommended, evidence- using a Microsoft Excel-based data including the validity of the based STD screening, timely treatment, collection tool. All health department methodology and assumptions used; and other prevention services. recipients will be required to submit the 3. Enhance the quality, utility, and Federal support for state, local, and data tool annually. The population from clarity of the information to be territorial health departments to carry which data will be collected is the 59 collected; and out these functions has been in place for state, local, and territorial health 4. Minimize the burden of the decades and remains a critical source of departments that are funded through the collection of information on those who funding to monitor and fight increasing cooperative agreement PS19–1901 STD are to respond, including through the STDs across the US. CDC’s cooperative PCHD. The total annual burden hours use of appropriate automated, agreement PS19–1901 STD PCHD is the are 1,475. There are no other costs to electronic, mechanical, or other latest iteration of this support, covering respondents other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

State health departments ...... Data Collection Tool ...... 50 1 25 1,250 Local health departments ...... Data Collection Tool ...... 7 1 25 175 Territorial health departments ...... Data Collection Tool ...... 2 1 25 50

Total ...... 1,475

Jeffrey M. Zirger, Lead, Information Collection Review Office, Office of Scientific Integrity, Office of Science, Centers for Disease Control and Prevention. [FR Doc. 2019–17290 Filed 8–12–19; 8:45 am] BILLING CODE 4163–18–P

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DEPARTMENT OF HEALTH AND 395–5806. Provide written comments exemplary levels of hypertension HUMAN SERVICES within 30 days of notice publication. control are recognized as Million Hearts Hypertension Control Champions. Centers for Disease Control and Proposed Project Interested clinicians or practices Prevention Million Hearts Hypertension Control complete a web-based application form Challenge (OMB Control Number 0920– which collects the minimum amount of [30Day–19–0976] 0976, Expiration 12/31/2019)— data needed to demonstrate Agency Forms Undergoing Paperwork Revision—National Center for Chronic hypertension control among their adult Reduction Act Review Disease Prevention and Health patients, including: (a) Two point-in- Promotion (NCCDPHP), Centers for time measures of the clinical In accordance with the Paperwork Disease Control and Prevention (CDC). hypertension control rate for the patient Reduction Act of 1995, the Centers for Background and Brief Description population, (b) the size of the clinic Disease Control and Prevention (CDC) population served, (c) a brief has submitted the information Cardiovascular disease is a leading description of the characteristics of the collection request titled Million Hearts cause of death for men and women in patient population served and Hypertension Control Challenge to the the United States, among the most geographic location, and (d) a Office of Management and Budget costly health problems facing our nation description of the sustainable systems (OMB) for review and approval. CDC today, and among the most preventable. and strategies adopted to achieve and previously published a ‘‘Proposed Data Heart disease and stroke also contribute maintain hypertension control rates. Collection Submitted for Public significantly to disability. High blood The estimated burden for completing Comment and Recommendations’’ pressure, also known as hypertension, is the application form is 30 minutes. CDC notice on December 12, 2018 to obtain one of the leading causes of heart scientists or contractors review each comments from the public and affected disease and stroke. Currently, about 78 application form and rank applications agencies. CDC received two comments. million American adults have high by reported hypertension control rate. We thank the respondents for these blood pressure but only about half In the second phase of assessment, comments. This notice serves to allow (48%) have adequately controlled blood applicants with the highest preliminary an additional 30 days for public and pressure. The costs of hypertension are scores are asked to participate in a two- affected agency comments. estimated at $48.9 billion annually in hour data verification and validation CDC will accept all comments for this direct medical costs. process. The applicant reviews the proposed information collection project. In September 2011, CDC launched the application form with a reviewer, The Office of Management and Budget Million Hearts initiative to prevent one describes how information was obtained is particularly interested in comments million heart attacks and strokes by from the providers’ (or practices’) that: 2017. In January 2018, CDC launched electronic records, chart reviews, or (a) Evaluate whether the proposed Million Hearts 2022 to continue to other sources, and reviews the collection of information is necessary prevent one million heart attacks, methodology used to calculate the for the proper performance of the strokes, and related health conditions. reported hypertension control rate. Data functions of the agency, including In order to achieve this goal, at least 10 verification and validation is conducted whether the information will have million more Americans must have their to ensure that all applicants meet practical utility; blood pressure under control. Million eligibility criteria and assure accuracy of (b) Evaluate the accuracy of the Hearts is working to reach this goal their reported hypertension control rate agencies estimate of the burden of the through the promotion of clinical according to a standardized method. proposed collection of information, practices that are effective in increasing Applicants must have achieved a including the validity of the blood pressure control among patient hypertension control rate of at least 80% methodology and assumptions used; populations. There is scientific evidence among their adult patients aged 18–85 (c) Enhance the quality, utility, and that provides general guidance on the years with hypertension. clarity of the information to be types of system-based changes to Up to 35 finalists who pass the data collected; clinical practice that can improve verification and background check are (d) Minimize the burden of the patient blood pressure control, but selected as Champions. Several collection of information on those who additional information is needed to Champions participate in a one-hour, are to respond, including, through the fully understand implementation semi-structured interview and provide use of appropriate automated, practices so that they can be shared and detailed information about the patient electronic, mechanical, or other promoted. population served, the geographic technological collection techniques or In 2013, CDC launched the Million region served, and the strategies other forms of information technology, Hearts Hypertension Control Challenge, employed by the practice or health e.g., permitting electronic submission of authorized by Public Law 111–358, the system to achieve exemplary rates of responses; and America Creating Opportunities to hypertension control, including barriers (e) Assess information collection Meaningfully Promote Excellence in and facilitators for those strategies. costs. Technology, Education and Science Based on the information collected for To request additional information on Reauthorization Act of 2010 Challenges in 2013 through 2018, CDC the proposed project or to obtain a copy (COMPETES Act). The Challenge is recognized a total of 101 public and of the information collection plan and designed to help CDC (1) identify private health care practices and instruments, call (404) 639–7570 or clinical practices and health systems systems as Million Hearts® send an email to [email protected]. Direct that have been successful in achieving Hypertension Control Champions. The written comments and/or suggestions high rates of hypertension control, and Champions are announced roughly regarding the items contained in this (2) develop models for dissemination. annually, approximately six months notice to the Attention: CDC Desk The Challenge is open to single practice after the Challenge application period Officer, Office of Management and providers, group practice providers, and ends. The current OMB approval for Budget, 725 17th Street NW, healthcare systems. Providers whose information collection expires Washington, DC 20503 or by fax to (202) hypertensive population achieves December 31, 2019.

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CDC plans to conduct the Million data verifications, and at most 35 semi- hypertension control, and motivate Hearts Hypertension Control Challenge structured interviews. There is an individual practices to strengthen their annually through 2022. The 2020 overall reduction in estimated hypertension control efforts. Challenge is planned to launch in annualized burden hours. Information collected through the February 2020, coinciding with The overall goal of the Million Hearts Million Hearts Hypertension Control American Heart Month. The application initiative is to prevent one million heart Challenge will link success in clinical period will be open for approximately attacks and strokes, and controlling outcomes of hypertension control with 45–60 days, with recognition of the hypertension is one focus of the information about strategies that can be initiative. CDC will use the information 2020 Champions in the fall of 2020. A used to achieve similar favorable collected through the Million Hearts similar calendar year schedule is outcomes so that the strategies can be planned for 2021 and 2022. Revision for Hypertension Control Challenge to replicated by other providers and health 2020, 2021, and 2022 includes a increase widespread attention to care systems. reduction in the estimated number of hypertension at the clinical practice respondents. During the period of this level, improve understanding of OMB approval is requested for three revision request, on an annual basis, successful and sustainable years. Participation is voluntary. The CDC estimates that information will be implementation strategies at the practice total estimated annualized burden hours collected from up to 200 applicants or health system level, bring visibility to are 215. There are no costs to the using the application form, at most 40 organizations that invest in respondents other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Clinicians, practices, and healthcare systems Million Hearts® Hypertension Control Cham- 200 1 30/60 pion Application form. Finalists ...... Data Verification Form ...... 40 1 2 Champions ...... Semi-structured interview guide ...... 35 1 1

Jeffrey M. Zirger, CDC will accept all comments for this Officer, Office of Management and Lead, Information Collection Review Office, proposed information collection project. Budget, 725 17th Street NW, Office of Scientific Integrity, Office of Science, The Office of Management and Budget Washington, DC 20503 or by fax to (202) Centers for Disease Control and Prevention. is particularly interested in comments 395–5806. Provide written comments [FR Doc. 2019–17287 Filed 8–12–19; 8:45 am] that: within 30 days of notice publication. BILLING CODE 4163–18–P (a) Evaluate whether the proposed Proposed Project collection of information is necessary for the proper performance of the The Performance Measures Project: DEPARTMENT OF HEALTH AND functions of the agency, including Improving Performance Measurement HUMAN SERVICES whether the information will have and Monitoring by CDC Programs— practical utility; New—Program Performance and Centers for Disease Control and (b) Evaluate the accuracy of the Evaluation Office (PPEO), Centers for Prevention agencies estimate of the burden of the Disease Control and Prevention (CDC). [30-Day–19–19IJ] proposed collection of information, Background and Brief Description including the validity of the Agency Forms Undergoing Paperwork methodology and assumptions used; Each year, approximately 75% of the Reduction Act Review (c) Enhance the quality, utility, and CDC’s congressionally appropriated clarity of the information to be funding goes to extramural In accordance with the Paperwork collected; organizations, including state and local Reduction Act of 1995, the Centers for (d) Minimize the burden of the partners, via contracts, grants, and, most Disease Control and Prevention (CDC) collection of information on those who commonly, cooperative agreements. A has submitted the information are to respond, including, through the cooperative agreement is an award collection request titled ‘‘The use of appropriate automated, mechanism used when there will be Performance Measures Project: electronic, mechanical, or other substantial Federal programmatic Improving Performance Measurement technological collection techniques or involvement, meaning that the CDC and Monitoring by CDC Programs’’ to other forms of information technology, program staff will collaborate or the Office of Management and Budget e.g., permitting electronic submission of participate in project or program (OMB) for review and approval. CDC responses; and activities. These funds are distributed previously published a ‘‘Proposed Data (e) Assess information collection from the Office of Grant Services to Collection Submitted for Public costs. partners throughout the world to Comment and Recommendations’’ To request additional information on promote health, prevent disease, injury notice on February 7, 2019 to obtain the proposed project or to obtain a copy and disability and prepare for new comments from the public and affected of the information collection plan and health threats. The availability of agencies. CDC received one non- instruments, call (404) 639–7570 or funding for cooperative agreements is substantive comment related to the send an email to [email protected]. Direct announced through a Notice of Funding previous notice. This notice serves to written comments and/or suggestions Opportunity (NOFO). CDC awards allow an additional 30 days for public regarding the items contained in this approximately 65 new domestic, non- and affected agency comments. notice to the Attention: CDC Desk research NOFOs each year (each funded

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for one to five years). Cooperative Through participation in this Project, submission to CDC of each recipient’s agreements may have only a few funded CDC programs and recipients of progress and performance measures. recipients or more than 50 (such as cooperative agreement funds will: (1) The information collected by the when a CDC program provides funding Develop strong performance generic information collection is to all states and territories). measurement systems and practices; (2) designed to align with, and support the To monitor the performance of define and operationalize priority goals outlined for each of the CDC recipients and CDC programs toward performance measures tailored to a recipients. Collection and reporting of achieving outcomes specified by specific cooperative agreement; and (3) the information will occur in an establish common data collection and efficient, standardized, and user- cooperative agreements, CDC currently reporting expectations across all friendly manner that will generate a uses the PPMR (OMB Control Number- recipients for a specific cooperative variety of routine and customizable 0920–1132, Expiration Date: 08/31/ agreement. The Project focuses on reports. The generic information 2019), a progress report form adapted addressing these issues during the early collection will allow each recipient to from an information collection owned stages of cooperative agreement summarize activities and progress by the Administration for Children and development and implementation. towards meeting performance measures Families (ACF). This tool may be used The Project proposes a generic and goals over a specified time period to collect information periodically from clearance adapted from a previously specific to each award. CDC will also recipients of CDC funds regarding the approved generic clearance (OMB have the capacity to generate reports progress made on CDC funded projects. Control Number: 0970–0490, Expiration that describe activities across multiple The Performance Measures Project Date 1/31/2020) owned by ACF. This recipients. In addition, CDC will use the will work with up to 25 CDC programs ACF generic clearance replaces the information collected to respond to developing cooperative agreements to information collection that is the basis inquiries from HHS, Congress and other address the challenges they face with of CDC’s current PPMR. Project stakeholder inquiries about program performance planning, measurement participants will customize sample activities and their impact. CDC and monitoring. Each cooperative information collections to meet requests OMB approval for three years. agreement will provide funding to an program-specific needs. The The total estimated burden is 35,000 average of 35 local entities, for a total of information collected will enable the hours. There is no cost to respondents up to 875 locally funded entities. accurate, reliable, uniform and timely 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)

CDC Award Recipients ...... (A) Performance Measures Project Sample Performance 875 1 40 Measure Technical Specification Instrument. (B) Performance Measures project Sample Performance Measure Reporting Instrument.

Jeffrey M. Zirger, Office of Management and Budget SUPPLEMENTARY INFORMATION: In Lead, Information Collection Review Office, (OMB) for review and clearance under compliance with 44 U.S.C. 3507, FDA Office of Scientific Integrity, Office of Science, the Paperwork Reduction Act of 1995. has submitted the following proposed Centers for Disease Control and Prevention. collection of information to OMB for DATES: Fax written comments on the [FR Doc. 2019–17285 Filed 8–12–19; 8:45 am] collection of information by September review and clearance. BILLING CODE 4163–18–P 12, 2019. Medical Device Accessories ADDRESSES: To ensure that comments on OMB Control Number 0910–0823— DEPARTMENT OF HEALTH AND the information collection are received, Extension HUMAN SERVICES OMB recommends that written FDA’s guidance document ‘‘Medical comments be faxed to the Office of Food and Drug Administration Device Accessories—Describing Information and Regulatory Affairs, Accessories and Classification [Docket No. FDA–2016–N–1593] OMB, Attn: FDA Desk Officer, Fax: 202– 1 _ Pathways’’ (the Accessories guidance) 395–7285, or emailed to oira is intended to provide guidance to Agency Information Collection [email protected]. All industry and FDA staff about the Activities; Submission for Office of comments should be identified with the regulation of accessories to medical Management and Budget Review; OMB control number 0910–0823. Also devices, to describe FDA’s policy Comment Request; Medical Device include the FDA docket number found concerning the classification of Accessories in brackets in the heading of this accessories, and to discuss the document. AGENCY: Food and Drug Administration, application of this policy to devices that HHS. FOR FURTHER INFORMATION CONTACT: are commonly used as accessories to other medical devices. In addition, the ACTION: Notice. Amber Sanford, Office of Operations, Food and Drug Administration, Three guidance explains what devices FDA SUMMARY: The Food and Drug White Flint North, 10A–12M, 11601 Administration (FDA) is announcing Landsdown St., North Bethesda, MD 1 The guidance document is available on FDA’s website (https://www.fda.gov/ucm/groups/fdagov- that a proposed collection of 20852, 301–796–8867, PRAStaff@ public/@fdagov-meddev-gen/documents/document/ information has been submitted to the fda.hhs.gov. ucm429672.pdf).

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generally considers an ‘‘accessory’’ and classification De Novo request. The initially tracked as ‘‘Q-submissions’’ describes the processes under section information collected for an accessory (approved under OMB control number 513(f)(6) of the Federal Food, Drug, and classification De Novo request is 0910–0756). FDA has a statutory Cosmetic Act (FD&C Act) (21 U.S.C. substantially the same as a De Novo deadline of 85 calendar days to respond 360c(f)(6)) to allow requests for risk- and request (since approved under OMB to an Existing Accessory Request. regulatory control-based classification of control number 0910–0844), is (2) New accessory types are those that accessories. submitted in the same manner, and has have not been granted marketing We are requesting OMB approval to the same estimated information authorization as part of a 510(k), PMA, revise this information collection collection burden. The burden estimate or De Novo request. Manufacturers may request (ICR) by adding burden associated with ‘‘De Novo request under include new accessories into a 510(k) or estimates for two new accessory 21 U.S.C. 513(f)(2)(i)’’ and ‘‘De Novo PMA with the parent device (New classification pathways created by the request under 21 U.S.C. 513(f)(2)(ii),’’ in Accessory Request). New Accessory FDA Reauthorization Act of 2017 OMB control number 0910–0844, Requests will have the same deadline as (FDARA) (Pub. L. 115–52). includes De Novo requests for the 510(k) or PMA. Therefore, new FDARA changed how FDA regulates accessories. We have determined that accessory types should follow the medical device accessories. Specifically, the burden estimate for ‘‘Accessory applicable Medical Device User Fee section 707 of FDARA added section Classification De Novo Requests’’ in this Amendments of 2017 deadline for the 513(f)(6) to the statute and requires that ICR (Accessory Classification Requests; parent submission. The decision for FDA, upon request, classify existing and OMB control number 0910–0823) is New Accessory Requests will be new accessories notwithstanding the redundant and have, therefore, removed separate from the decision for the classification of any other device with it. marketing application. which such accessory is intended to be Depending on an accessory’s For both Existing and New Accessory used. This means that the classification regulatory history, there are different Requests, manufacturers must request of an accessory may not be the same as submission types, tracking mechanisms, proper classification of their accessory its parent device, depending on the risks and deadlines: in the submission and include draft of the accessory when used as intended (1) Existing accessory types are those special controls, if requesting and the level of regulatory controls that have been identified in a classification into class II. The processes necessary for reasonable assurance of classification regulation or granted that we use to classify an accessory will safety and effectiveness of the accessory. marketing authorization as part of a be like those used for De Novo requests. Until an accessory is distinctly 510(k), pre-market application (PMA), If FDA grants the Accessory Request, classified, its existing classification will or De Novo request (approved under FDA must issue an order establishing a continue to apply. This provision does OMB control numbers 0910–0120, new classification regulation for the not preclude a manufacturer from 0910–0231, and 0910–0844, accessory type. If FDA denies the submitting a De Novo request for an respectively). Manufacturers with Accessory Request, FDA must issue a accessory. marketing authorization for an existing letter with a detailed description and When the Accessories guidance accessory may request appropriate justification for our determination. originally issued, FDA encouraged the classification through a new stand-alone In the Federal Register of April 4, use of the De Novo classification premarket submission (Existing 2019 (84 FR 13296), FDA published a process to allow manufacturers to Accessory Request). Upon request, FDA 60-day notice requesting public request risk- and regulatory control- is required to meet with a manufacturer comment on the proposed collection of based classification of accessories of a or importer to discuss the appropriate information. No comments were new type. FDA’s recommendations in classification of an existing accessory received. the guidance represented a new prior to submitting a written request. FDA estimates the burden of this information collection as an accessory Existing Accessory Requests will be collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Total annual Average Activity Number of responses per burden per Total hours respondents respondent responses response

Existing Accessory Request ...... 15 1 15 40 600 New Accessory Request ...... 10 1 10 40 400

Total ...... 1,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

We expect to receive approximately Our estimated burden for the Dated: August 6, 2019. 15 Existing Accessory Requests and 10 information collection reflects an Lowell J. Schiller, New Accessory Requests per year. Based overall decrease of 440 hours and an Principal Associate Commissioner for Policy. on estimates by FDA administrative and increase of 17 responses. Factors [FR Doc. 2019–17346 Filed 8–12–19; 8:45 am] technical staff who are familiar with the contributing to the revision of the BILLING CODE 4164–01–P submission process for accessory burden estimate include the addition of classification requests, we estimate that the two new accessory classification the ‘‘Average Burden per Response’’ for pathways created by FDARA and the both Existing and New Accessory removal of redundant burden described Requests will be approximately 40 earlier in this document. hours per submission.

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DEPARTMENT OF HEALTH AND the Commissioner of Food and Drugs in meeting-materials-national- HUMAN SERVICES discharging their responsibilities with mammography-quality-assurance- respect to establishing a mammography advisory-committee or by contacting the Food and Drug Administration facilities certification program. The Designated Federal Officer (see FOR [Docket No. FDA–2019–N–3402] Committee shall advise the Food and FURTHER INFORMATION CONTACT). In light Drug Administration on: of the fact that no change has been made Advisory Committee; National (1) Developing appropriate quality to the committee name or description of Mammography Quality Assurance standards and regulations for duties, no amendment will be made to Advisory Committee; Renewal mammography facilities; 21 CFR 14.100. (2) developing appropriate standards This document is issued under the AGENCY: Food and Drug Administration, and regulations for bodies accrediting Federal Advisory Committee Act (5 HHS. mammography facilities under this U.S.C. app.). For general information ACTION: Notice; renewal of advisory program; related to FDA advisory committees, committee. (3) developing regulations with please visit us at https://www.fda.gov/ respect to sanctions; advisory-committees. SUMMARY: The Food and Drug (4) developing procedures for Dated: August 7, 2019. Administration (FDA) is announcing the monitoring compliance with standards; renewal of the National Mammography (5) establishing a mechanism to Lowell J. Schiller, Quality Assurance Advisory Committee investigate consumer complaints; Principal Associate Commissioner for Policy. by the Commissioner of Food and Drugs (6) reporting new developments [FR Doc. 2019–17276 Filed 8–12–19; 8:45 am] (the Commissioner). The Commissioner concerning breast imaging that should BILLING CODE 4164–01–P has determined that it is in the public be considered in the oversight of interest to renew the National mammography facilities; Mammography Quality Assurance (7) determining whether there exists a DEPARTMENT OF HEALTH AND Advisory Committee for an additional 2 shortage of mammography facilities in HUMAN SERVICES years beyond the charter expiration rural and health professional shortage date. The new charter will be in effect areas and determining the effects of Food and Drug Administration until July 7, 2021. personnel on access to the services of [Docket No. FDA–2012–D–0530] DATES: Authority for the National such facilities in such areas; Mammography Quality Assurance (8) determining whether there will Agency Information Collection Advisory Committee would have exist a sufficient number of medical Activities; Proposed Collection; expired on July 7, 2019; however, the physicists after October 1, 1999; and Comment Request; Q-Submission Commissioner formally determined that (9) determining the costs and benefits Program for Medical Devices renewal is in the public interest. of compliance with these requirements. The Committee shall consist of a core AGENCY: Food and Drug Administration, FOR FURTHER INFORMATION CONTACT: Sara of 15 members, including the Chair. HHS. Anderson, Office of Management, Members and the Chair are selected by ACTION: Notice. Center for Devices and Radiological the Commissioner or designee from SUMMARY: The Food and Drug Health, Food and Drug Administration, among physicians, practitioners, and Administration (FDA or Agency) is 10903 New Hampshire Ave., Bldg. 66, other health professionals, whose announcing an opportunity for public Rm. G616, Silver Spring, MD 20993– clinical practice, research comment on the proposed collection of 0002, 301–796–7047, Sara.Anderson@ specialization, or professional expertise certain information by the Agency. fda.hhs.gov. includes a significant focus on Under the Paperwork Reduction Act of SUPPLEMENTARY INFORMATION: Under 41 mammography. Members will be invited 1995 (PRA), Federal Agencies are CFR 102–3.65 and approval by the to serve for overlapping terms of up to required to publish notice in the Department of Health and Human 4 years. Almost all non-Federal Federal Register concerning each Services under 45 CFR part 11 and by members of this committee serve as proposed collection of information, the General Services Administration, Special Government Employees. The including each proposed extension of an FDA is announcing the renewal of the core of voting members shall include at existing collection of information, and National Mammography Quality least four individuals from among to allow 60 days for public comment in Assurance Advisory Committee. The national breast cancer or consumer response to the notice. This notice committee is a non-discretionary health organizations with expertise in solicits comments on requests for Federal advisory committee established mammography, and at least two feedback submitted under the Q- to provide advice to the Commissioner. practicing physicians who provide Submission Program for medical The Secretary and, by delegation, the mammography services. In addition to devices. Assistant Secretary for the Office of the voting members, the Committee Public Health and Science, and the shall include two nonvoting industry DATES: Submit either electronic or Commissioner of Food and Drugs are representatives who have expertise in written comments on the collection of charged with the administration of the mammography equipment. The information by October 11, 2019. Federal Food, Drug and Cosmetic Act Committee may include one technically ADDRESSES: You may submit comments and various provisions of the Public qualified member, selected by the as follows. Please note that late, Health Service Act. The Mammography Commissioner or designee, who is untimely filed comments will not be Quality Standards Act of 1992 amends identified with consumer interests. considered. Electronic comments must the Public Health Service Act to Further information regarding the be submitted on or before October 11, establish national uniform quality and most recent charter and other 2019. The https://www.regulations.gov safety standards for mammography information can be found at https:// electronic filing system will accept facilities. The National Mammography www.fda.gov/advisory-committees/ comments until 11:59 p.m. Eastern Time Quality Assurance Advisory Committee national-mammography-quality- at the end of October 11, 2019. advises the Secretary and, by delegation, assurance-advisory-committee/past- Comments received by mail/hand

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delivery/courier (for written/paper • Confidential Submissions—To U.S.C. 3506(c)(2)(A)) requires Federal submissions) will be considered timely submit a comment with confidential Agencies to provide a 60-day notice in if they are postmarked or the delivery information that you do not wish to be the Federal Register concerning each service acceptance receipt is on or made publicly available, submit your proposed collection of information, before that date. comments only as a written/paper including each proposed extension of an submission. You should submit two existing collection of information, Electronic Submissions copies total. One copy will include the before submitting the collection to OMB Submit electronic comments in the information you claim to be confidential for approval. To comply with this following way: with a heading or cover note that states requirement, FDA is publishing notice • Federal eRulemaking Portal: ‘‘THIS DOCUMENT CONTAINS of the proposed collection of https://www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ The information set forth in this document. instructions for submitting comments. Agency will review this copy, including With respect to the following Comments submitted electronically, the claimed confidential information, in collection of information, FDA invites including attachments, to https:// its consideration of comments. The comments on these topics: (1) Whether www.regulations.gov will be posted to second copy, which will have the the proposed collection of information the docket unchanged. Because your claimed confidential information is necessary for the proper performance comment will be made public, you are redacted/blacked out, will be available of FDA’s functions, including whether solely responsible for ensuring that your for public viewing and posted on the information will have practical comment does not include any https://www.regulations.gov. Submit utility; (2) the accuracy of FDA’s confidential information that you or a both copies to the Dockets Management estimate of the burden of the proposed third party may not wish to be posted, Staff. If you do not wish your name and collection of information, including the such as medical information, your or contact information to be made publicly validity of the methodology and anyone else’s Social Security number, or available, you can provide this assumptions used; (3) ways to enhance confidential business information, such information on the cover sheet and not the quality, utility, and clarity of the as a manufacturing process. Please note in the body of your comments and you information to be collected; and (4) that if you include your name, contact must identify this information as ways to minimize the burden of the information, or other information that ‘‘confidential.’’ Any information marked collection of information on identifies you in the body of your as ‘‘confidential’’ will not be disclosed respondents, including through the use comments, that information will be except in accordance with 21 CFR 10.20 of automated collection techniques, posted on https://www.regulations.gov. and other applicable disclosure law. For • If you want to submit a comment when appropriate, and other forms of more information about FDA’s posting information technology. with confidential information that you of comments to public dockets, see 80 do not wish to be made available to the FR 56469, September 18, 2015, or access Q-Submission Program for Medical public, submit the comment as a the information at: https://www.gpo.gov/ Devices written/paper submission and in the fdsys/pkg/FR-2015-09-18/pdf/2015- manner detailed (see ‘‘Written/Paper OMB Control Number 0910–0756— 23389.pdf. Extension Submissions’’ and ‘‘Instructions’’). Docket: For access to the docket to Written/Paper Submissions read background documents or the The guidance entitled ‘‘Requests for electronic and written/paper comments Feedback and Meetings for Medical Submit written/paper submissions as received, go to https:// Device Submissions: The Q-Submission follows: • www.regulations.gov and insert the Program’’ (https://www.fda.gov/media/ Mail/Hand Delivery/Courier (for docket number, found in brackets in the 114034/download) provides an written/paper submissions): Dockets heading of this document, into the overview of the mechanisms available to Management Staff (HFA–305), Food and ‘‘Search’’ box and follow the prompts submitters through which they can Drug Administration, 5630 Fishers and/or go to the Dockets Management request feedback from or a meeting with Lane, Rm. 1061, Rockville, MD 20852. Staff, 5630 Fishers Lane, Rm. 1061, FDA regarding certain potential or • For written/paper comments Rockville, MD 20852. planned medical device submissions submitted to the Dockets Management reviewed by the Center for Devices and Staff, FDA will post your comment, as FOR FURTHER INFORMATION CONTACT: Radiological Health (CDRH) and the well as any attachments, except for Amber Sanford, Office of Operations, Center for Biologics Evaluation and information submitted, marked and Food and Drug Administration, Three Research (CBER). The guidance identified, as confidential, if submitted White Flint North, 10A–12M, 11601 provides recommendations regarding as detailed in ‘‘Instructions.’’ Landsdown St., North Bethesda, MD Instructions: All submissions received 20852, 301–796–8867, PRAStaff@ certain types of Q-Submissions, such as must include the Docket No. FDA– fda.hhs.gov. Pre-Submissions, Submission Issue Requests, Study Risk Determinations, 2012–D–0530 for ‘‘Agency Information SUPPLEMENTARY INFORMATION: Under the Collection Activities; Proposed PRA (44 U.S.C. 3501–3520), Federal Informational Meetings, and other Q- Collection; Comment Request; Q- Agencies must obtain approval from the Submissions Types and other uses of Submission Program for Medical Office of Management and Budget the Q-Submission Program. Devices.’’ Received comments, those (OMB) for each collection of For clarity and consistency with the filed in a timely manner (see information they conduct or sponsor. guidance that describes the program, we ADDRESSES), will be placed in the docket ‘‘Collection of information’’ is defined are requesting that the title of the and, except for those submitted as in 44 U.S.C. 3502(3) and 5 CFR information collection request, OMB ‘‘Confidential Submissions,’’ publicly 1320.3(c) and includes Agency requests control number 0910–0756, be changed viewable at https://www.regulations.gov or requirements that members of the to ‘‘Q-Submission Program for Medical or at the Dockets Management Staff public submit reports, keep records, or Devices.’’ between 9 a.m. and 4 p.m., Monday provide information to a third party. FDA estimates the burden of this through Friday. Section 3506(c)(2)(A) of the PRA (44 collection of information as follows:

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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Annual FDA center Number of frequency per Total annual Hours per Total hours respondents response responses response

CDRH ...... 3,502 1 3,502 137 479,774 CBER ...... 91 1 91 137 12,467

Total ...... 492,241 1 There are no capital costs or operating and maintenance cost associated with this of information.

Respondents are medical device extension to allow interested persons Written/Paper Submissions manufacturers subject to FDA’s laws additional time to submit comments. Submit written/paper submissions as and regulations. FDA’s annual estimate DATES: FDA is extending the comment follows: of 3,593 submissions is based on • period on the notice of public meeting Mail/Hand Delivery/Courier (for experienced recent trends. FDA’s published July 9, 2019 (84 FR 32749). written/paper submissions): Dockets administrative and technical staffs, who Management Staff (HFA–305), Food and are familiar with Q-Submissions, Submit either electronic or written comments by September 16, 2019. Drug Administration, 5630 Fishers estimate that an average of 137 hours is Lane, Rm. 1061, Rockville, MD 20852. required to prepare a Q-Submission. ADDRESSES: You may submit comments • For written/paper comments Our estimated burden for the as follows. Please note that late, submitted to the Dockets Management information collection reflects an untimely filed comments will not be Staff, FDA will post your comment, as overall increase of 143,713 hours. We considered. Electronic comments must well as any attachments, except for attribute this adjustment to an increase be submitted on or before September 16, information submitted, marked and in the number of submissions we 2019. The https://www.regulations.gov identified, as confidential, if submitted received based on FY18 data. electronic filing system will accept as detailed in ‘‘Instructions.’’ Dated: August 6, 2019. comments until 11:59 p.m. Eastern Time Instructions: All submissions received Lowell J. Schiller, at the end of September 16, 2019. must include the Docket No. FDA– Principal Associate Commissioner for Policy. Comments received by mail/hand 2019–N–2281 for ‘‘Incorporating delivery/courier (for written/paper Alternative Approaches in Clinical [FR Doc. 2019–17345 Filed 8–12–19; 8:45 am] submissions) will be considered timely Investigations for New Animal Drugs; BILLING CODE 4164–01–P if they are postmarked or the delivery Public Meeting; Request for Comments.’’ service acceptance receipt is on or Received comments, those filed in a DEPARTMENT OF HEALTH AND before that date. timely manner (see ADDRESSES), will be HUMAN SERVICES placed in the docket and, except for Electronic Submissions those submitted as ‘‘Confidential Food and Drug Administration Submit electronic comments in the Submissions,’’ publicly viewable at https://www.regulations.gov or at the [Docket No. FDA–2019–N–2281] following way: • Dockets Management Staff between 9 Federal eRulemaking Portal: a.m. and 4 p.m., Monday through Incorporating Alternative Approaches https://www.regulations.gov. Follow the in Clinical Investigations for New Friday. instructions for submitting comments. • Confidential Submissions—To Animal Drugs; Public Meeting; Comments submitted electronically, submit a comment with confidential Extension of Comment Period including attachments, to https:// information that you do not wish to be www.regulations.gov will be posted to AGENCY: Food and Drug Administration, made publicly available, submit your HHS. the docket unchanged. Because your comments only as a written/paper comment will be made public, you are submission. You should submit two ACTION: Notice of public meeting; solely responsible for ensuring that your extension of comment period. copies total. One copy will include the comment does not include any information you claim to be confidential SUMMARY: The Food and Drug confidential information that you or a with a heading or cover note that states Administration (FDA, the Agency, or third party may not wish to be posted, ‘‘THIS DOCUMENT CONTAINS we) is extending the comment period for such as medical information, your or CONFIDENTIAL INFORMATION.’’ The the notice of public meeting entitled anyone else’s Social Security number, or Agency will review this copy, including ‘‘Incorporating Alternative Approaches confidential business information, such the claimed confidential information, in in Clinical Investigations for New as a manufacturing process. Please note its consideration of comments. The Animal Drugs; Public Meeting; Request that if you include your name, contact second copy, which will have the for Comments’’ that appeared in the information, or other information that claimed confidential information Federal Register of July 9, 2019. In the identifies you in the body of your redacted/blacked out, will be available notice of public meeting, FDA requested comments, that information will be for public viewing and posted on comments on the use of complex posted on https://www.regulations.gov. https://www.regulations.gov. Submit adaptive and other novel investigation • If you want to submit a comment both copies to the Dockets Management designs, data from foreign countries, with confidential information that you Staff. If you do not wish your name and real world evidence, and biomarkers do not wish to be made available to the contact information to be made publicly and surrogate endpoints in animal drug public, submit the comment as a available, you can provide this development and regulatory decision written/paper submission and in the information on the cover sheet and not making. The Agency is taking this manner detailed (see ‘‘Written/Paper in the body of your comments and you action in response to a request for an Submissions’’ and ‘‘Instructions’’). must identify this information as

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‘‘confidential.’’ Any information marked Dated: August 7, 2019. as amended. The grant applications and as ‘‘confidential’’ will not be disclosed Lowell J. Schiller, the discussions could disclose except in accordance with 21 CFR 10.20 Principal Associate Commissioner for Policy. confidential trade secrets or commercial and other applicable disclosure law. For [FR Doc. 2019–17258 Filed 8–12–19; 8:45 am] property such as patentable material, more information about FDA’s posting BILLING CODE 4164–01–P and personal information concerning of comments to public dockets, see 80 individuals associated with the grant FR 56469, September 18, 2015, or access applications, the disclosure of which the information at: https://www.gpo.gov/ DEPARTMENT OF HEALTH AND would constitute a clearly unwarranted fdsys/pkg/FR-2015-09-18/pdf/2015- HUMAN SERVICES invasion of personal privacy. 23389.pdf. Name of Committee: Center for Scientific National Institutes of Health Docket: For access to the docket to Review Special Emphasis Panel; PAR17–097: read background documents or the Planning for Non-Communicable Diseases Office of the Director; Notice of Charter and Disorders Research Training Programs. electronic and written/paper comments Renewal Date: August 20, 2019. received, go to https:// In accordance with Title 41 of the Time: 9:00 a.m. to 5:00 p.m. www.regulations.gov and insert the Agenda: To review and evaluate grant docket number, found in brackets in the U.S. Code of Federal Regulations, applications. heading of this document, into the Section 102–3.65(a), notice is hereby Place: National Institutes of Health, ‘‘Search’’ box and follow the prompts given that the Charter for the Novel and Rockledge II, 6701 Rockledge Drive, and/or go to the Dockets Management Exceptional Technology and Research Bethesda, MD 20892 (Telephone Conference Call). Staff, 5630 Fishers Lane, Rm. 1061, Advisory Committee was renewed for an additional two-year period on June Contact Person: Brian H. Scott, Ph.D., Rockville, MD 20852. 30, 2019. Prior to this renewal, the Scientific Review Officer, National Institutes FOR FURTHER INFORMATION CONTACT: Charter was amended to reflect the of Health, Center for Scientific Review, 6701 Rockledge Drive, Bethesda, MD 20892, 301– Susan Storey, Center for Veterinary Committee’s name change from the 827–7490, [email protected]. Medicine, Food and Drug Recombinant DNA Advisory Committee (Catalogue of Federal Domestic Assistance Administration, 7500 Standish Pl. to the Novel and Exceptional Program Nos. 93.306, Comparative Medicine; (HFV–131), Rockville, MD, 20855, 240– Technology and Research Advisory 93.333, Clinical Research, 93.306, 93.333, 402–0578, [email protected]. Committee. 93.337, 93.393–93.396, 93.837–93.844, It is determined that the Novel and 93.846–93.878, 93.892, 93.893, National SUPPLEMENTARY INFORMATION: In the Exceptional Technology and Research Institutes of Health, HHS) Federal Register of July 9, 2019 (84 FR Advisory Committee is in the public 32749), FDA published a notice of Dated: August 7, 2019. interest in connection with the Sylvia L. Neal, public meeting and request for comment performance of duties imposed on the with a 30-day comment period to Program Analyst, Office of Federal Advisory National Institutes of Health by law, and Committee Policy. request comments on the use of that these duties can best be performed [FR Doc. 2019–17246 Filed 8–12–19; 8:45 am] complex adaptive and other novel through the advice and counsel of this investigation designs, data from foreign group. BILLING CODE 4140–01–P countries, real world evidence, and Inquiries may be directed to Claire biomarkers and surrogate endpoints in Harris, Director, Office of Federal animal drug development and DEPARTMENT OF HEALTH AND Advisory Committee Policy, Office of HUMAN SERVICES regulatory decision making. Comments the Director, National Institutes of are intended to support FDA guidance Health, 6701 Democracy Boulevard, National Institutes of Health development as required under section Suite 1000, Bethesda, Maryland 20892 305 of the Animal Drug and Animal (Mail code 4875), Telephone (301) 496– Scientific Advisory Committee on Generic Drug User Fee Amendments of 2123, or [email protected]. Alternative Toxicological Methods; 2018 (Pub. L. 115–234). Section 305 Dated: August 7, 2019. Announcement of Meeting; Request directs FDA to develop guidance to for Comments address several alternative approaches Ronald J. Livingston, Jr., in clinical investigations for new animal Program Analyst, Office of Federal Advisory AGENCY: National Institutes of Health, drugs. Committee Policy. HHS. [FR Doc. 2019–17244 Filed 8–12–19; 8:45 am] The Agency has received a request for ACTION: Notice. BILLING CODE 4140–01–P a 30-day extension of the comment SUMMARY: This notice announces the period for the notice of meeting. The next meeting of the Scientific Advisory request conveyed concern that the DEPARTMENT OF HEALTH AND Committee on Alternative Toxicological current 30-day comment period does HUMAN SERVICES Methods (SACATM). SACATM, a not allow sufficient time to develop a federally chartered external advisory meaningful or thoughtful response to National Institutes of Health group of scientists from the public and alternative approaches in clinical private sectors, including Center for Scientific Review; Notice of investigations for new animal drugs. representatives of regulated industry Closed Meeting FDA has considered the request and and national animal protection is extending the comment period for the Pursuant to section 10(d) of the organizations, advises the Interagency notice of public meeting for 30 days, Federal Advisory Committee Act, as Coordinating Committee on the until September 16, 2019. The Agency amended, notice is hereby given of the Validation of Alternative Methods believes that a 30-day extension allows following meeting. (ICCVAM), the National Toxicology adequate time for interested persons to The meeting will be closed to the Program (NTP) Interagency Center for submit comments without significantly public in accordance with the the Evaluation of Alternative delaying the development of guidance provisions set forth in sections Toxicological Methods (NICEATM), and on these important issues. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the Director of the National Institute of

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Environmental Sciences (NIEHS) and information about the specific 2019, at https://ntp.niehs.nih.gov/go/ NTP regarding statutorily mandated presentations. 32822. Registration is on a first-come, duties of ICCVAM and activities of The preliminary agenda, roster of first-served basis, and each registrant NICEATM. The meeting is open to the SACATM members, background will be assigned a number in their public and registration is requested for materials, public comments, and any confirmation email. Each organization is both attendance and oral comments and additional information will be posted allowed one time slot per comment required to access the webcast. when available on the SACATM period. After the maximum number of Information about the meeting and meeting website (https:// speakers per comment period is registration are available at https:// ntp.niehs.nih.gov/go/32822) or may be exceeded, individuals registering to ntp.niehs.nih.gov/go/32822. requested in hardcopy from the submit an oral comment for the topic DATES: Designated Federal Official for will be placed on a wait list and notified Meeting: September 19–20, 2019; SACATM. Following the meeting, should an opening become available. begins at 9:00 a.m. (EDT) each day and summary minutes will be prepared and Commenters will be notified after continues until adjournment. made available on the SACATM September 12, 2019, about the actual meeting website. Written Public Comment time allotted per speaker, and the Interested persons may attend the teleconference number will be sent to Submissions: Deadline is September 12, meeting in person or view the webcast. 2019. those registered to give oral comments Registration is required to view the by teleconference line. If possible, oral Register to Present Oral Comments: webcast; the URL for the webcast will be public commenters should send a copy Deadline is September 12, 2019. provided in the email confirming of their slides and/or statement or Registration for Meeting: Deadline is registration. Individuals who plan to talking points to Robbin Guy by email: September 12, 2019 to attend in person provide oral comments (see below) are [email protected] by September 12, and September 20, 2019 to view the encouraged to register online at the 2019. webcast. SACATM meeting website (https:// Meeting Materials: The preliminary Registration to view the meeting via ntp.niehs.nih.gov/go/32822) by meeting agenda will be posted when the webcast is required. September 12, 2019, to facilitate available on the meeting web page ADDRESSES: planning for the meeting. Individuals https://ntp.niehs.nih.gov/go/32822 and Meeting Location: Crowne Plaza are encouraged to visit the website often will be updated one week before the Crystal City—Washington, DC, 1480 to stay abreast of the most current meeting. Individuals are encouraged to Crystal Drive, Arlington, Virginia 22202. information regarding the meeting. visit this web page often to stay abreast Meeting Web Page: The preliminary Individuals with disabilities who need of the most current information agenda, registration, and other meeting accommodation to participate in this regarding the meeting. materials are at https:// event should contact Ms. Robbin Guy at Background Information on ICCVAM, ntp.niehs.nih.gov/go/32822. phone: (984) 287–3136 or email: guyr2@ NICEATM, and SACATM: ICCVAM is Webcast: The meeting will be niehs.nih.gov. TTY users should contact an interagency committee composed of webcast; the URL will be provided to the Federal TTY Relay Service at 800– representatives from 16 federal those who register for viewing. 877–8339. Requests should be made at regulatory and research agencies that FOR FURTHER INFORMATION CONTACT: Dr. least five business days in advance of require, use, generate, or disseminate Elizabeth Maull, Designated Federal the event. toxicological and safety testing Official for SACATM, Office of Liaison, Written Public Comments: Written information. ICCVAM conducts Policy and Review, Division of NTP, and oral public comments are invited technical evaluations of new, revised, NIEHS, P.O. Box 12233, K2–17, for the agenda topics. Guidelines for and alternative safety testing methods Research Triangle Park, NC 27709. public comments are available at and integrated testing strategies with https://ntp.niehs.nih.gov/ntp/about_ regulatory applicability and promotes Phone: 984–287–3157, Fax: 301–480– _ _ _ 3008, Email: [email protected]. Hand ntp/guidelines public comments the scientific validation and regulatory Deliver/Courier address: 530 Davis 508.pdf. The deadline for submission of acceptance of testing methods that more Drive, Room K2021, Morrisville, NC written comments is September 12, accurately assess the safety and hazards 2019. Written public comments should 27560. of chemicals and products and replace, be submitted through the meeting reduce, or refine (enhance animal well- SUPPLEMENTARY INFORMATION: website. Persons submitting written being and lessen or avoid pain and Meeting and Registration: The comments should include name, distress) animal use. meeting is open to the public with time affiliation, mailing address, phone, The ICCVAM Authorization Act of scheduled for oral public comments; email, and sponsoring organization (if 2000 (42 U.S.C. 285l–3) establishes attendance at the meeting is limited any). Written comments received in ICCVAM as a permanent interagency only by the space available. response to this notice will be posted on committee of NIEHS and provides the SACATM will provide input to the NTP website, and the submitter will authority for ICCVAM involvement in ICCVAM, NICEATM, and NIEHS on be identified by name, affiliation, and activities relevant to the development of programmatic activities and issues. sponsoring organization (if any). alternative test methods. Additional Preliminary agenda items for the Oral Public Comment Registration: information about ICCVAM can be upcoming meeting include: (1) New The preliminary agenda allows for found at http://ntp.niehs.nih.gov/go/ approaches to the principles and several public comment periods, each iccvam. practice of validation, (2) developing a allowing up to four commenters a NICEATM administers ICCVAM, next generation data infrastructure to maximum of five minutes per speaker. provides scientific and operational support the development and Oral comments may be presented in support for ICCVAM-related activities, implementation of new approach person at Crowne Plaza Crystal City— and conducts and publishes analyses methodologies (NAMs) for complex Washington, DC, 1480 Crystal Drive, and evaluations of data from new, endpoints, and (3) translational impact Arlington, Virginia 22202 or by revised, and alternative testing and human relevance of NAMs. Please teleconference line. Registration for oral approaches. NICEATM and ICCVAM see the preliminary agenda for comments is on or before September 12, work collaboratively to evaluate new

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and improved testing approaches DEPARTMENT OF HEALTH AND Paperwork Reduction Act (44 U.S.C. applicable to the needs of U.S. federal HUMAN SERVICES Chapter 35). To request a copy of these agencies. NICEATM and ICCVAM documents, call the SAMHSA Reports welcome the public nomination of new, National Institutes of Health Clearance Officer on (240) 276–1243. revised, and alternative test methods National Institute of Allergy and Project: Protection and Advocacy for and strategies for validation studies and Infectious Diseases; Notice of Closed Individuals With Mental Illness technical evaluations. Additional Meeting (PAIMI) Final Rule, 42 CFR Part 51 information about NICEATM can be (OMB No. 0930–0172)—Extension found at http://ntp.niehs.nih.gov/go/ Pursuant to section 10(d) of the niceatm. Federal Advisory Committee Act, as These regulations meet the directive under 42 U.S.C. 10826(b) requiring the SACATM, established by the ICCVAM amended, notice is hereby given of the following meeting. Secretary to promulgate final Authorization Act [Section 285l–3(d)], The meeting will be closed to the regulations to carry out the PAIMI Act provides advice on priorities and public in accordance with the (42 U.S.C. 10801 et seq.). The activities related to the development, provisions set forth in sections regulations contain information validation, scientific review, regulatory 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., collection requirements associated with acceptance, implementation, and as amended. The grant applications and the rule. The Act authorizes funds to national and international the discussions could disclose support activities on behalf of harmonization of new, revised, and confidential trade secrets or commercial individuals with significant (severe) alternative toxicological test methods to property such as patentable material, mental illness (adults) or significant ICCVAM, NICEATM, and Director of and personal information concerning (severe) emotional impairment NIEHS and NTP. Additional individuals associated with the grant (children/youth) as defined by the Act information about SACATM, including applications, the disclosure of which at 42 U.S.C. 10802(4) and 10804(d). the charter, roster, and records of past would constitute a clearly unwarranted Only entities designated by the governor meetings, can be found at http:// invasion of personal privacy. of each state, including the American ntp.niehs.nih.gov/go/167. Samoa, Guam, Commonwealth of the Name of Committee: National Institute of Northern Mariana Islands, Allergy and Infectious Diseases Special Brian R. Berridge, Emphasis Panel; NIH Support for Commonwealth of Puerto Rico, U.S. Associate Director, National Toxicology Conferences and Scientific Meetings (Parent Virgin Islands, District of Columbia Program. R13 Clinical Trial Not Allowed). (Mayor), and the tribal councils of the [FR Doc. 2019–17269 Filed 8–12–19; 8:45 am] Date: August 28, 2019. American Indian Consortium (the Hopi BILLING CODE 4140–01–P Time: 1:00 p.m. to 3:00 p.m. Tribe and the Navajo Nation located in Agenda: To review and evaluate grant the Four Corners region of the applications. Southwest), to protect and advocate the Place: National Institutes of Health, 5601 DEPARTMENT OF HEALTH AND rights of persons with developmental Fishers Lane, Rockville, MD 20892 disabilities are eligible to receive PAIMI HUMAN SERVICES (Telephone Conference Call). Contact Person: Steven F. Santos, Ph.D., Program grants [ibid at 42 U.S.C. at National Institutes of Health Scientific Review Officer, SRP, DEA, NIAID– 10802(2)]. These grants are based on a NIH, DHHS, 5601 Fishers Lane, 3G33, formula prescribed by the Secretary National Center for Advancing Rockville, MD 20852, Phone: 301–761–7049, [ibid at 42 U.S.C. at 10822(a)(1)(A)]. Translational Sciences; Amended Cell: 202–306–4207, [email protected]. On January 1, each eligible state Notice of Meeting (Catalogue of Federal Domestic Assistance protection and advocacy (P&A) system Program Nos. 93.855, Allergy, Immunology, is required to prepare an annual PAIMI Notice is hereby given of a change in and Transplantation Research; 93.856, Program Performance Report (PPR). the meeting of the National Center for Microbiology and Infectious Diseases Each annual PPR describes a P&A Advancing Translational Sciences Research, National Institutes of Health, HHS) system’s activities, accomplishments Advisory Council, which was published Dated: August 7, 2019. and expenditures to protect the rights of in the Federal Register on June 27, Sylvia L. Neal, individuals with mental illness 2019, 84 FR 30740, Pg. 30744. Program Analyst, Office of Federal Advisory supported with payments from PAIMI Committee Policy. program allotments during the most Amendment to change start time of recently completed fiscal year. Each the closed session from 9 a.m. to 8:30 [FR Doc. 2019–17247 Filed 8–12–19; 8:45 am] P&A system transmit a copy of its a.m. and to change the start time of the BILLING CODE 4140–01–P annual report to the Secretary (via open session from 11 a.m. to 10 a.m. SAMHSA) and to the State Mental The meeting is partially Closed to the DEPARTMENT OF HEALTH AND Health Agency where the system is public. HUMAN SERVICES located per the PAIMI Act at 42 U.S.C. Dated: August 7, 2019. 10824(a). Each annual PPR must Melanie J. Pantoja, Substance Abuse and Mental Health provide the Secretary with the following Services Administration information: Program Analyst, Office of Federal Advisory • Committee Policy. The number of (PAIMI-eligible) Agency Information Collection individuals with mental illness served; [FR Doc. 2019–17245 Filed 8–12–19; 8:45 am] Activities: Submission for OMB • A description of the types of BILLING CODE 4140–01–P Review; Comment Request activities undertaken; Periodically, the Substance Abuse and • A description of the types of Mental Health Services Administration facilities providing care or treatment to (SAMHSA) will publish a summary of which such activities are undertaken; information collection requests under • A description of the manner in OMB review, in compliance with the which the activities are initiated;

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• A description of the Act due to resource or annual program recommendations that SAMHSA obtain accomplishments resulting from such priority limitations. information that closely measures the activities; Each PAIMI grantee’s annual PPR actual outcomes of the programs it • A description of systems to protect must include a separate section, funds; and advocate the rights of individuals prepared by its PAIMI Advisory Council (6) To reduce the grantee data with mental illness supported with (PAC), that describes the council’s collection burden by removing payments from PAIMI Program activities and its assessment of the state information that did not facilitate allotments; P&A system’s operations per the PAIMI evaluation of a PAIMI grantee’s Act at 42 U.S.C. 10805(7). • A description of activities programmatic and financial In 2017, SAMHSA included the management systems; conducted by States to protect and annual PAIMI PPR in the Web-based advocate such rights; (7) To provide immediate access to Block Grant Application System the PAIMI program data used to prepare • A description of mechanisms (WebBGAS). WebBGAS, SAMHSAs a section of the Secretary’s biennial established by residential facilities for electronic data system, is used to collect report to the President, Congress, and individuals with mental illness to grantee information for the following National Council on Disability in protect such rights; reasons: accordance with the Developmental • (1) To meet the OMB requirements for A description of the coordination Disabilities Assistance Act of 2000 at 42 data collection for mandatory (formula) among such systems, activities and U.S.C. 15005. Reports of the Secretary; mechanisms; grant programs; (2) To comply with the annual (8) To improve SAMHSA’s ability to • Specification of the number of program reporting requirements of the create reports, analyze trends and public and nonprofit P&A systems PAIMI Act 42 U.S.C. 10801 et seq. and provide timely feedback to the P&A established with PAIMI Program the PAIMI Rules 42 CFR, Part 51; grantees when PPR revisions are allotments; and (3) To simplify the submission of needed. • Recommendations for activities and PAIMI program data by the state P&A On July 17, 2017, OMB approved services to improve the protection and systems; SAMHSA’s PPR and Advisory Council advocacy of the rights of individuals (4) To meet the Government Report (Control No. 0930–0169, with mental illness and a description of Performance Results Act (GPRA) Expiration Date July 31, 2020). The the need for such activities and services requirements; burden estimate for the annual State that were not met by the state P&A (5) To comply with the Government P&A system reporting requirements for systems established under the PAIMI Accountability Office (GAO) evaluation these regulations is as follows:

Responses Burden/ 42 CFR citation Number of per response Total hour respondents respondent (hrs.) burden

51.8(a)(2) Program Performance Report 1 ...... 51.8(8)(a)(8) Advisory Council Report * ...... 51.10 Remedial Actions: Corrective Action Plans & Implementation 5 2 8 80 Status Reports. 5 3 2 30 51.23(c) Reports, materials and fiscal data provided to the Advisory Council 57 1 1 57 51.25(b)(3) Grievance Procedure ...... 57 1 0.5 28.5 51.43 Written denial of access by P&A system ** ......

Total ...... 57 ...... 11.5 195.5 Note: Burden for the annual application [42 CFR 51.5(b–d)] is approved at a standard level per application under OMB control number 0920– 0428. * Responses and burden hours associated with these reports are approved under OMB No. 0930–0169. ** There is no burden estimate associated with this program provision. State P&A systems report that when a facility denies a P&A system ac- cess to the facility, a client, or records, the P&A attempts to resolve the dispute through negotiation, conciliation, mediation, and other non-adver- sarial techniques. Only after exhausting the non-legal remedies provided under state and federal laws will a P&A system file a formal complaint in the appropriate federal district court. See also, the PAIMI Act at 42 U.S.C. 10807(a)—Legal Actions and the PAIMI Final Rule at 42 CFR 51.32—Resolving Disputes.

Written comments and comments to: (202) 395–7285. DEPARTMENT OF HEALTH AND recommendations concerning the Commenters may also mail them to: HUMAN SERVICES proposed information collection should Office of Management and Budget, be sent by September 12, 2019 to the Office of Information and Regulatory Substance Abuse and Mental Health SAMHSA Desk Officer at the Office of Affairs, New Executive Office Building, Services Administration Information and Regulatory Affairs, Room 10102, Washington, DC 20503. OMB. To ensure timely receipt of Agency Information Collection Summer King, Activities: Submission for OMB comments, and to avoid potential delays Review; Comment Request in OMB’s receipt and processing of mail Statistician. [FR Doc. 2019–17263 Filed 8–12–19; 8:45 am] sent through the U.S. Postal Service, Periodically, the Substance Abuse and BILLING CODE 4162–20–P commenters are encouraged to submit Mental Health Services Administration their comments to OMB via email to: (SAMHSA) will publish a summary of _ OIRA [email protected]. information collection requests under Although commenters are encouraged to OMB review, in compliance with the send their comments via email, Paperwork Reduction Act (44 U.S.C. commenters may also fax their chapter 35). To request a copy of these

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documents, call the SAMHSA Reports SAMHSA currently has approval for examination when admitted to Clearance Officer on (240) 276–1112. the Application for Certification to Use treatment, A patient’s history, a Opioid Drugs in a Treatment Program treatment plan, any prenatal support Project: Opioid Drugs in Maintenance Under 42 CFR 8.11 (Form SMA–162); provided the patient, justification of and Detoxification Treatment of Opioid the Application for Approval as unusually large initial doses, changes in Dependence—42 CFR Part 8 (OMB No. Accreditation Body Under 42 CFR 8.3(b) a patient’s dosage schedule, justification 0930–0206) and Opioid Treatment (Form SMA–163); and the Exception of unusually large daily doses, the Programs (OTPs)—Extension Request and Record of Justification rationale for decreasing a patient’s clinic 42 CFR part 8 establishes a Under 42 CFR 8.12 (Form SMA–168), attendance, and documentation of certification program managed by which may be used on a voluntary basis physiologic dependence. SAMHSA’s Center for Substance Abuse by physicians when there is a patient The rule also includes requirements Treatment (CSAT). The regulation care situation in which the physician that OTPs and accreditation requires that Opioid Treatment must make a treatment decision that organizations disclose information. For Programs (OTPs) be certified. differs from the treatment regimen example, 42 CFR 8.12(e)(1) requires that ‘‘Certification’’ is the process by which required by the regulation. Form SMA– a physician explain the facts concerning SAMHSA determines that an OTP is 168 is a simplified, standardized form to the use of opioid drug treatment to each qualified to provide opioid treatment facilitate the documentation, request, patient. This type of disclosure is under the Federal opioid treatment and approval process for exceptions. considered to be consistent with the standards established by the Secretary SAMHSA believes that the common medical practice and is not of Health and Human Services. To recordkeeping requirements in the considered an additional burden. become certified, an OTP must be regulation are customary and usual Further, the rule requires, under Sec. accredited by a SAMHSA-approved practices within the medical and 8.4(i)(1) that accreditation organizations accreditation body. The regulation also rehabilitative communities and has not shall make public their fee structure; provides standards for such services as calculated a response burden for them. this type of disclosure is standard individualized treatment planning, The recordkeeping requirements set business practice and is not considered increased medical supervision, and forth in 42 CFR 8.4, 8.11 and 8.12 a burden. assessment of patient outcomes. This include maintenance of the following: 5- The tables that follow summarize the submission seeks continued approval of year retention by accreditation bodies of annual reporting burden associated with the information collection requirements certain records pertaining to the regulation, including burden in the regulation and of the forms used accreditation; documentation by an OTP associated with the forms. There are no in implementing the regulation. of the following: A patient’s medical changes being made to the forms.

ESTIMATED ANNUAL REPORTING REQUIREMENT BURDEN FOR ACCREDITATION BODIES

Number of Responses/ Total Hours/ Total 42 CFR citation Purpose respondents respondent responses response hours

8.3(b)(1–11) ...... Initial approval (SMA–163) ...... 1 1 1 6.0 6 8.3(c) ...... Renewal of approval (SMA–163) ...... 2 1 2 1.0 2 8.3(e) ...... Relinquishment notification ...... 1 1 1 0.5 0.5 8.3(f)(2) ...... Non-renewal notification to accredited 1 90 90 0.1 9 OTPs. 8.4(b)(1)(ii) ...... Notification to SAMHSA for seriously 2 2 4 1.0 4 noncompliant OTPs. 8.4(b)(1)(iii) ...... Notification to OTP for serious non- 2 10 20 1.0 20 compliance. 8.4(d)(1) ...... General documents and information 6 5 30 0.5 15 to SAMHSA upon request. 8.4(d)(2) ...... Accreditation survey to SAMHSA 6 75 450 0.02 9 upon request. 8.4(d)(3) ...... List of surveys, surveyors to SAMHSA 6 6 36 0.2 7.2 upon request. 8.4(d)(4) ...... Report of less than full accreditation 6 5 30 0.5 15 to SAMHSA. 8.4(d)(5) ...... Summaries of Inspections ...... 6 50 300 0.5 150 8.4(e) ...... Notifications of Complaints ...... 12 6 72 0.5 36 8.6(a)(2) and Revocation notification to Accredited 1 185 185 0.3 55.5 (b)(3). OTPs. 8.6(b) ...... Submission of 90-day corrective plan 1 1 1 10 10.0 to SAMHSA. 8.6(b)(1) ...... Notification to accredited OTPs of 1 185 185 0.3 55.0 Probationary Status.

Subtotal ...... 54 ...... 1,407 ...... 394.20

ESTIMATED ANNUAL REPORTING REQUIREMENT BURDEN FOR OPIOID TREATMENT PROGRAMS

Number of Responses/ Total Hours/ Total 42 CFR citation Purpose respondents respondent responses response hours

8.11(b) ...... Renewal of approval (SMA–162) ...... 386 1 386 0.15 57.9 8.11(b) ...... Relocation of Program (SMA–162) ..... 35 1 35 1.17 40.95

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ESTIMATED ANNUAL REPORTING REQUIREMENT BURDEN FOR OPIOID TREATMENT PROGRAMS—Continued

Number of Responses/ Total Hours/ Total 42 CFR citation Purpose respondents respondent responses response hours

8.11(e)(1) ...... Application for provisional certification 42 1 42 1 42.00 8.11(e)(2) ...... Application for extension of provi- 30 1 30 0.25 7.50 sional certification. 8.11(f)(5) ...... Notification of sponsor or medical di- 60 1 60 0.1 6.00 rector change (SMA–162). 8.11(g)(2) ...... Documentation to SAMHSA for in- 1 1 1 1 1.00 terim maintenance. 8.11(h) ...... Request to SAMHSA for Exemption 1,200 20 24,000 0.07 1,680 from 8.11 and 8.12 (including SMA–168). 8.11(i)(1) ...... Notification to SAMHSA Before Estab- 10 1 10 0.25 2.5 lishing Medication Units (SMA–162). 8.12(j)(2) ...... Notification to State Health Officer 1 20 20 0.33 6.6 When Patient Begins Interim Main- tenance. 8.24 ...... Contents of Appellant Request for Re- 2 1 2 0.25 .50 view of Suspension. 8.25(a) ...... Informal Review Request ...... 2 1 2 1.00 2.00 8.26(a) ...... Appellant’s Review File and Written 2 1 2 5.00 10.00 Statement. 8.28(a) ...... Appellant’s Request for Expedited Re- 2 1 2 1.00 2.00 view. 8.28(c) ...... Appellant Review File and Written 2 1 2 5.00 10.00 Statement.

Subtotal ...... 1,775 ...... 24,594 ...... 1,868.95

Total ...... 1,829 ...... 26,001 ...... 2,263.15

Written comments and DEPARTMENT OF HEALTH AND establish policy, direct program recommendations concerning the HUMAN SERVICES activities, and better allocate resources. proposed information collection should 2020 NSDUH Main Study be sent by September 12, 2019 to the Substance Abuse and Mental Health SAMHSA Desk Officer at the Office of Services Administration NSDUH must be updated periodically Information and Regulatory Affairs, to reflect changing substance use and Agency Information Collection Office of Management and Budget mental health issues and to continue Activities: Submission for OMB producing current data. For the 2020 (OMB). To ensure timely receipt of Review; Comment Request comments, and to avoid potential delays NSDUH main study the following in OMB’s receipt and processing of mail Periodically, the Substance Abuse and changes from 2019 are planned: (1) The sent through the U.S. Postal Service, Mental Health Services Administration addition of lifetime and recency commenters are encouraged to submit (SAMHSA) will publish a summary of questions about vaping anything and their comments to OMB via email to: information collection requests under vaping nicotine or tobacco; the addition of lifetime and recency questions on [email protected]. OMB review, in compliance with the synthetic marijuana and synthetic Although commenters are encouraged to Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these stimulants; (2) the addition of questions send their comments via email, in concordance with the Diagnostic and commenters may also fax their documents, call the SAMHSA Reports Clearance Officer on (240) 276–1112. Statistical Manual of Mental Disorders comments to: 202–395–7285. (DSM), fifth edition criteria (DSM–5) to Commenters may also mail them to: Project: 2020 National Survey on Drug measure the occurrence of marijuana Office of Management and Budget, Use and Health, Clinical Validation withdrawal symptoms, occurrence of Office of Information and Regulatory Study and Redesign Field Test (OMB prescription tranquilizer misuse Affairs, New Executive Office Building, No. 0930–0110)—Revision to 2019 withdrawal symptoms and occurrence Room 10102, Washington, DC 20503. NSDUH Collection of craving for all substances; (3) minor Summer King, The National Survey on Drug Use and revisions to the marijuana marketplace Health (NSDUH) is a survey of the U.S. module; and (4) other minor wording Statistician. civilian, non-institutionalized changes to improve the flow of the [FR Doc. 2019–17261 Filed 8–12–19; 8:45 am] population aged 12 years old or older. interview, increase respondent BILLING CODE 4162–20–P The data are used to determine the comprehension or to be consistent with prevalence of use of tobacco products, text in other questions. alcohol, illicit substances, and illicit use By including these new questions in of prescription drugs. The results are NSDUH, estimates may be generated on used by SAMHSA, the Office of the use of these substances among the National Drug Control Policy (ONDCP), general population and allow SAMHSA federal government agencies, and other to provide national-level estimates organizations and researchers to among adults and adolescents on the

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use of vaping, synthetic marijuana, and tranquilizers is accurately assessed as this module for 2020 to reflect the synthetic stimulants. In addition, well. availability that marijuana can now be because NSDUH collects demographic, The marijuana marketplace module purchased from a retail store or socioeconomic, and health information (originally dropped in the 2015 redesign dispensary. about each respondent, the inclusion of questionnaire) was reinserted in the As with all NSDUH/NHSDA surveys these questions would permit a more NSDUH main study questionnaire conducted since 1999, the sample size detailed understanding of factors starting in 2018 at the request of ONDCP associated with their use. but was unchanged from the version of the NSDUH main study for 2020 will The new questions on craving for all previously used in the 2014 NSDUH. be sufficient to permit prevalence substances and withdrawal for (This module was not part of the estimates for each of the fifty states and marijuana/cannabis were added to the NSDUH questionnaire from 2015–2017.) the District of Columbia. (Prior to 2002, 2020 NSDUH main study to reflect the This module consists of a series of the NSDUH was referred to as the updated DSM–5 diagnostic criteria for questions that seek to gather data such National Household Survey on Drug substance use disorders. Questions as the location, quantity, cost and type Abuse (NHSDA). The total annual measuring withdrawal for tranquilizers of marijuana being purchased across the burden estimate for the NSDUH main have been added to ensure SUD for nation. Revisions have been made to study is shown below in Table 1.

TABLE 1—ANNUALIZED ESTIMATED BURDEN FOR 2020 NSDUH

Responses Total Total Instrument Number of per number of Hours per burden respondents respondent responses response hours

Household Screening ...... 143,255 1 143,255 0.083 11,890 Interview ...... 69,007 1 69,007 1.000 69,007 Screening Verification ...... 4,348 1 4,348 0.067 291 Interview Verification ...... 10,351 1 10,351 0.067 694

Total ...... 143,255 ...... 226,961 ...... 81,882

Clinical Validation Study the Structured Clinical Interview for as part of the 2018 National Mental DSM–5 (SCID–5) Health Study (approved under OMB No. In addition, a Clinical Validation During CVS data collection from 0930–0380) and the 2008–2012 NSDUH Study (CVS) is planned to be embedded January through June 2020, Mental Health Surveillance Study within the first six months of 2020 approximately 1,500 NSDUH main (approved as an add-on to NSDUH NSDUH main study data collection to study interview respondents will be under OMB No. 0930–0110). assess revisions to the substance use selected for a follow-up clinical Also, to complete training prior to disorders (SUD) module to be consistent interview at the end of the main study CVS data collection, each clinical with the DSM–5. The CVS will examine interview in order to produce a final interviewer candidate hired must the validity of this revised NSDUH sample size of approximately 826 CVS successfully administer the follow-up assessment of SUD by administering respondents. These follow-up clinical questions to adults and adolescents who interviews will be conducted via clinical interview with a volunteer will then be interviewed by clinical telephone using the SCID–5 within two respondent. These 70 certification interviewers (who are blinded to the to four weeks following the NSDUH interviews will be administered in the NSDUH main study responses) and main study interview. same manner as CVS follow-up clinical classified as having or not having Many of the procedures and protocols interviews. substance use disorders based on past planned for inclusion in this CVS are The total annual burden estimate for year DSM–5 disorders, as assessed by based upon those previously employed the CVS is shown below in Table 2.

TABLE 2—ANNUALIZED ESTIMATED BURDEN FOR 2020 NSDUH CVS

Responses Total Total Instrument Number of per number of Hours per burden respondents respondent responses response hours

Follow-Up Clinical Interviews ...... 800 1 800 0.83 664 Follow-Up Clinical Certifications ...... 70 1 70 0.83 58

Total ...... 870 ...... 870 ...... 722

Redesign Field Test revisions are designed to address materials, the household screening changing policy and research data questionnaire, the interview Also, as part of SAMHSA’s ongoing needs; in addition, modifications to questionnaire, and other data collection effort to ensure NSDUH continues associated survey materials and methods. producing current and accurate data, a methods are designed to improve the The FT is essential for providing a Redesign Field Test (FT) is planned quality of estimates and the efficiency of thorough examination of these planned from August through November 2020 to data collection. Planned FT changes prior to their deployment on assess potential revisions to the NSDUH modifications include changes to the NSDUH main study to determine main study questionnaire. These respondent incentives, respondent potential impact across operational and

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substantive domains, including effects complete a FT interview using the module as a result of prior testing in the on data quality (as measured by revised questionnaire and materials. CVS; (3) the inclusion of new modules outcomes such as unit nonresponse, For the NSDUH FT screening, on substance use treatment and mental item nonresponse, and survey revisions may include: (1) A revised health service utilization; (4) the responses), questionnaire timing, data roster structure; (2) various wording addition of new and/or revised collection efficiency, and possible edits to improve respondent questions on a variety of items such as differences in reporting of substance use comprehension and flow; (3) the use of Electronic Nicotine Delivery Systems or mental health items. revised materials, such as the lead letter, (ENDS), synthetic drugs, pain and sleep, During FT data collection from study description and question & vaping and needle use, and criminal August through November 2020, answer brochure; (4) a conditional test justice; (5) the addition of measures of conducted separately from ongoing 2020 of a $5 screening incentive to assess adolescent psychological distress and/or NSDUH main study data collection at impact on response rates; and (5) the impairment; (6) the expansion of suicide that time, screenings will be completed inclusion of two outcome questions on items; and (7) other general with approximately 8,110 English- past month alcohol and past month questionnaire revisions such as speaking respondents in the contiguous cigarette use at the end of the screening clarifying wording and terminology, United States. (Alaska and Hawaii are to assess nonresponse bias from the reordering for improved question flow, excluded from the FT to control study screening incentive. costs.) From those screenings, For the NSDUH FT interview, formatting changes, removal of approximately 4,000 respondents, as revisions may include: (1) A conditional questions with low prevalence rates, representatives of the civilian, test of a $50 interview incentive to and other minor updates and revisions. noninstitutional population aged 12 assess impact on response rates; (2) The total annual burden estimate for years old or older, are expected to revisions to the DSM–5-based SUD the FT is shown below in Table 3.

TABLE 3—ANNUALIZED ESTIMATED BURDEN FOR REDESIGN FIELD TEST

Responses Total Total Instrument Number of per number of Hours per burden respondents respondent responses response hours

Household Screening ...... 8,110 1 8,110 0.083 673 Interview ...... 4,000 1 4,000 1.000 4,000 Screening Verification ...... 246 1 246 0.067 17 Interview Verification ...... 600 1 600 0.067 40

Total ...... 8,110 ...... 12,596 ...... 4,730

Written comments and DEPARTMENT OF HOMELAND purchaser, or consignee, will be able to recommendations concerning the SECURITY file a new type of informal entry in ACE proposed information collection should for Section 321 low-valued shipments. be sent by September 12, 2019 to the U.S. Customs and Border Protection Section 321 low-valued shipments SAMHSA Desk Officer at the Office of subject to Partner Government Agency Test Concerning Entry of Section 321 (PGA) requirements will also be able to Information and Regulatory Affairs, Low-Valued Shipments Through Office of Management and Budget be entered using this new Section 321 Automated Commercial Environment informal entry type. This notice (OMB). To ensure timely receipt of (ACE) comments, and to avoid potential delays provides a description of the test, the in OMB’s receipt and processing of mail AGENCY: U.S. Customs and Border requirements for filing the new informal sent through the U.S. Postal Service, Protection, Department of Homeland entry type, and the regulations that will commenters are encouraged to submit Security. be waived for test participants. CBP invites public comment concerning the their comments to OMB via email to: ACTION: General notice. test program. The test will be known as [email protected]. SUMMARY: This document announces the ACE Entry Type 86 Test. Although commenters are encouraged to that U.S. Customs and Border Protection send their comments via email, DATES: The test will commence no (CBP) is conducting a test of new earlier than September 28, 2019 and commenters may also fax their functionalities related to the electronic comments to: 202–395–7285. will continue until concluded by an entry filing for low-valued shipments announcement published in the Federal Commenters may also mail them to: through the Automated Commercial Register. Comments will be accepted Office of Management and Budget, Environment (ACE). The Section 321 de throughout the duration of the test. Office of Information and Regulatory minimis administrative exemption Affairs, New Executive Office Building, admits free from duty and tax, ADDRESSES: Comments concerning this Room 10102, Washington, DC 20503. shipments of merchandise (other than notice and any aspect of this test may bona-fide gifts and certain personal and be submitted at any time during the test Summer King, household goods) imported by one via email to OTENTRYSUMMARY@ Statistician. person on one day having an aggregate cbp.dhs.gov. In the subject line of your [FR Doc. 2019–17282 Filed 8–12–19; 8:45 am] fair retail value in the country of email, please indicate, ‘‘Comment on the ACE Entry Type 86 Test.’’ BILLING CODE 4162–20–P shipment of not more than $800. During this test, an owner, or purchaser of a FOR FURTHER INFORMATION CONTACT: Section 321 low-valued shipment or, Randy Mitchell, Director, Commercial when appropriately designated, a Operations, Revenue and Entry customs broker appointed by an owner, Division, Office of Trade, U.S. Customs

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and Border Protection, 202–325–6532, cigars (including cheroots and national security, health and safety [email protected]. cigarillos) and cigarettes containing reasons and to identify specific SUPPLEMENTARY INFORMATION: This tobacco, cigarette tubes, cigarette shipments of potential violative document announces that U.S. Customs papers, smoking tobacco (including products for reporting or enforcement and Border Protection (CBP) is water pipe tobacco, pipe tobacco, and targeting purposes. Low-valued conducting a test to allow Section 321 roll-your-own tobacco), snuff, or shipments may also require the payment low-valued shipments, including those chewing tobacco are not exempt; any of applicable PGA duties, fees or shipments subject to Partner merchandise subject to antidumping applicable excise taxes collected by Government Agency (PGA) data and countervailing duties is not exempt; other agencies. These shipments that requirements, to be entered by filing a any merchandise of a class or kind have PGA data reporting requirements, new type of informal entry provided for in any absolute or tariff- or require the payment of any duties, electronically in the Automated rate quota, whether the quota is open or fees, or taxes may not benefit from the Commercial Environment (ACE). This closed, is not exempt; and, there is no use of a less complex Section 321 de will allow CBP to address the growing exemption from any tax imposed under minimis entry process and must volume of Section 321 low-valued the Internal Revenue Code that is currently be entered using the shipments resulting from the global shift collected by other agencies on imported appropriate informal or formal entry in trade to an e-commerce platform, test goods. process to ensure that the PGA requirements are met. All shipments the new functionality in ACE, facilitate ‘‘Release from manifest’’ Process for subject to PGA requirements are cross-border e-commerce, and allow Section 321 Low-Valued Shipments Section 321 low-valued shipments currently ineligible for entry under the Pursuant to 19 CFR 10.151, ‘‘release from manifest’’ process. subject to PGA data requirements to merchandise subject to the Section 321 utilize a Section 321 de minimis entry administrative exemption shall be II. Establishment of an Electronic Entry process for the first time. entered under informal entry Process for Section 321 Low-Valued Shipments Through ACE I. Administrative Exemption for Section procedures unless formal entry is 321 Low-Valued Shipments deemed necessary. The relevant This document announces CBP’s plan informal entry procedures for Section to conduct a test to authorize a new Section 321(a)(2)(C) of the Tariff Act 321 low-valued shipments are set forth Section 321 de minimis entry process of 1930 (19 U.S.C. 1321(a)(2)(C)), as in 19 CFR 128.24 and 19 CFR part 143, for Section 321 low-valued shipments in amended by the Trade Facilitation and subpart C. A Section 321 low-valued ACE through the development of a new Trade Enforcement Act of 2015 shipment may be entered, using informal entry type ‘‘86.’’ This test will (TFTEA), Section 901, Public Law 114– reasonable care, by the owner, be called the ACE Entry Type 86 Test. 125, 130 Stat. 122 (19 U.S.C. 4301 note), purchaser, or consignee of the shipment, The ACE Entry Type 86 Test creates a authorizes CBP to provide an or, when appropriately designated by means for Section 321 low-valued administrative exemption to admit free one of these persons, a customs broker shipments, including those subject to from duty and tax, shipments of licensed under 19 U.S.C. 1641. See 19 PGA data requirements, to benefit from merchandise (other than bona-fide gifts CFR 143.26(b). the use of a Section 321 de minimis and certain personal and household Section 321 low-valued shipments entry process for the first time. Prior to goods) imported by one person on one may be entered by presenting the bill of the development of entry type ‘‘86,’’ day having an aggregate fair retail value lading or a manifest listing each bill of Section 321 low-valued shipments in the country of shipment of not more lading. See 19 CFR 143.23(j)(3). This subject to PGA requirements were than $800. The regulations issued under type of informal entry is termed the required to be entered using the more the authority of section 321(a)(2)(C) are ‘‘release from manifest’’ process. complex informal entry type ‘‘11’’ or set forth in sections 10.151 and 10.153 Generally, such shipments are released formal entry. The ACE Entry Type 86 of title 19 of the Code of Federal from CBP custody based on the Test will provide a less complex entry Regulations (19 CFR 10.151 and 10.153). information provided on the manifest or and release process for Section 321 low- Section 10.151 of the regulations bill of lading. Such information may be valued shipments, including those implements the administrative provided by express consignment subject to PGA data requirements, and exemption provided for in 19 U.S.C. operators, carriers, or brokers. The will expedite the clearance of compliant 1321. A shipment of merchandise following information must be provided Section 321 low-valued shipments into valued at $800 or less, which qualifies as part of the ‘‘release from manifest’’ the United States through the use of for informal entry under 19 U.S.C. 1498 process: The country of origin of the ACE. Merchandise imported by mail is and meets the requirements in 19 U.S.C. merchandise; shipper name, address excluded from the ACE Entry Type 86 1321(a)(2), including 19 CFR 10.151, is and country; ultimate consignee name Test and may not be entered under the referred to in this document as a and address; specific description of the entry type ‘‘86.’’ ‘‘Section 321 low-valued shipment.’’ merchandise; quantity; shipping weight; In developing the ACE Entry Type 86 Unless a CBP official has reason to and value. See 19 CFR 128.21(a) and 19 Test, CBP has coordinated with the believe that a Section 321 low-valued CFR 143.23(k). No Harmonized Tariff Commercial Customs Operations shipment fails to comply with any Schedule of the United States (HTSUS) Advisory Committee (COAC), trade pertinent law or regulation, section subheading or entry summary is industry representatives, and PGAs, and 10.153 sets forth the guidance to be required on an advance manifest for has considered the public comments applied by a CBP officer in determining Section 321 low-valued shipments. See received from the ‘‘Administrative whether an article or parcel shall be 19 CFR 143.23(k) and 19 CFR 128.24(e). Exemption on Value Increased for exempted from duty and tax under A Section 321 low-valued shipment is Certain Articles’’ interim final rule section 10.151 and qualify as a Section not exempt from PGA requirements. (Administrative Exemption IFR). On 321 low-valued shipment. Accordingly, Many agencies do not have de minimis August 26, 2016, CBP published the consolidated shipments addressed to exemptions for their PGA reporting Administrative Exemption IFR in the one consignee shall be treated as one requirements, and require strict Federal Register (81 FR 58831), which importation; alcoholic beverages and accountability of imported goods for amended the CBP regulations to

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implement section 901 of TFTEA by Section 321 low-valued shipments in To participate in this test, an owner, raising the value of the Section 321 ACE utilizes the ‘‘single window’’ purchaser, or customs broker appointed administrative exemption from $200 to system, thereby granting all government by an owner, purchaser, or consignee $800, and solicited comments regarding agencies involved with the importation will file an informal entry type ‘‘86’’ in the collection of data on behalf of PGAs of goods into the United States access to ACE through ABI. ABI allows for shipments valued at $800 or less. data concerning the shipments and participants to electronically file all CBP received eight public comments. A gives the trade a single mechanism to required import data with CBP, and more detailed analysis of the comments enter data. transfers that data into ACE. To received and CBP’s responses to the Authorization for the Test participate in ABI, a filer must meet the public comments will be addressed at a requirements and procedures set forth later date. In summary, of the eight The test described in this notice is in 19 CFR part 143, subpart A, and must public comments, seven addressed the authorized pursuant to 19 CFR 101.9(a), meet the technical requirements set collection of data for Section 321 low- which grants the Commissioner of CBP forth in the Customs and Trade valued shipments. Among these seven the authority to impose requirements Automated Interface Requirements comments, five commenters encouraged different from those specified in the (CATAIR).2 the automated clearance of Section 321 CBP regulations for purposes of The test is open to all owners, low-valued shipments using ACE and conducting a test program or procedure purchasers, consignees, and designated the collection of PGA data using a designed to evaluate the effectiveness of customs brokers of Section 321 low- Section 321 de minimis entry process. new technology or operational valued shipments, including those Five of the commenters encouraged procedures regarding the processing of subject to PGA requirements, imported CBP to automate Section 321 clearance passengers, vessels, or merchandise. by all modes of cargo transportation. The ACE Entry Type 86 Test will using ACE. These commenters pointed CBP encourages all eligible parties to allow CBP to test ACE functionality, and out that automating Section 321 participate in this test to test the to test the new operational procedures clearance through ACE will increase functionality of the new entry type. involved with the new entry type, CBP’s ability to provide risk-based Importers of Section 321 low-valued including any challenges that may result targeting of inbound shipments, assure shipments that do not contain any PGA and any coordination that is necessary supply chain security, enforce trade data requirements may continue to with PGAs. Additionally, the test will laws, and protect intellectual property utilize the ‘‘release from manifest’’ allow CBP to determine if entry type rights. Various ACE clearance processes process or may utilize the ACE Entry ‘‘86’’ effectively addresses the threats were suggested by the commenters, Type 86 Test. and complexities resulting from the including using the Automated Broker When filing an entry type ‘‘86,’’ a Interface (ABI) to allow the owner, global shift in trade to an e-commerce platform, the vast increase in Section bond and entry summary purchaser, consignee, or designated documentation are not required. Under customs broker to file the necessary 321 low-valued shipments, and facilitates cross-border e-commerce. entry type ‘‘86,’’ the importing party is information. exempt from payment of the harbor Most commenters also asserted that The Process To File an Entry Type ‘‘86’’ maintenance tax and merchandise any ACE Section 321 clearance process processing fee for merchandise released should allow for the submission of PGA A Section 321 low-valued shipment as a Section 321 low-valued shipment. data. One commenter pointed out that may be entered by the owner, purchaser, See 19 CFR 24.23(c)(1)(v) and unless Section 321 low-valued or consignee of the shipment, or, when 24.24(d)(3). However, any merchandise shipments subject to PGA requirements appropriately designated by one of these that is not exempt from the payment of could be cleared under a Section 321 de persons, a customs broker licensed minimis entry process, the de minimis under 19 U.S.C. 1641. See 19 CFR any applicable PGA duties, fees, or taxes exemption would be of little use to the 143.26(b). For purposes of the ACE imposed under applicable statute or greater public because a large Entry Type 86 Test, CBP is deviating regulation by other agencies on percentage of these imported shipments from this regulation and requiring that imported goods does not qualify as a are regulated by PGAs. Commenters also consignees intending to file an entry Section 321 low-valued shipment. An noted that the primary purpose of type ‘‘86’’ appoint a customs broker to entry type ‘‘86’’ filing that is determined increasing the Section 321 act as the importer of record (IOR) for to owe any duties, fees, or taxes will be administrative exemption was to benefit the shipment. Customs brokers must be rejected by CBP and must be re-filed e-commerce micro and small businesses designated to enter qualifying using the appropriate informal or formal engaging in global trade and the vast shipments through a valid power of entry process. Additionally, CBP may majority of these businesses lack the attorney, and must comply with all require formal entry for any capacity to comply with complex trade other applicable broker statutory and merchandise if it is deemed necessary rules. regulatory requirements. See 19 CFR for import admissibility enforcement CBP believes that the development of 141.46; see e.g., 19 U.S.C. 1641; 19 purposes, revenue protection, or the the new entry type ‘‘86’’ effectively U.S.C. 1484; 19 CFR part 111; 19 CFR efficient conduct of customs business. addresses the public comments; part 141. The filing of entry type ‘‘86’’ See 19 CFR 143.22. facilitates legitimate trade while also is considered ‘‘customs business’’ under An entry type ‘‘86’’ requires the allowing CBP to enhance its targeting 19 U.S.C. 1641.1 owner, purchaser, or customs broker capabilities; ensures that PGAs can identify potential violative products for 1 Pursuant to 19 U.S.C. 1641, ‘‘customs business’’ electronic transmission of documents, invoices, is defined as those activities involving transactions bills, or parts thereof, intended to be filed with CBP reporting or enforcement targeting with CBP concerning the entry and admissibility of in furtherance of such activities, whether or not purposes while allowing filers to utilize merchandise, its classification and valuation, the signed or filed by the preparer, or activities relating a less complex entry process; and payment of duties, taxes, or other charges assessed to such preparation, but does not include the mere decreases the challenges faced by CBP or collected by CBP on merchandise by reason of electronic transmission of data received for its importation, or the refund, rebate, or drawback transmission to CBP. in targeting, locating and examining of those duties, taxes, or other charges. ‘‘Customs 2 See General Notice of August 26, 2008 (73 FR Section 321 low-valued shipments by business’’ also includes the preparation of 50337) for a complete discussion on the procedures collecting necessary data. Processing documents or forms in any format and the for obtaining an ACE Portal Account.

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appointed by the owner, purchaser, or how filers receive transmissions are set DEPARTMENT OF HOUSING AND consignee to file the following data forth in the CATAIR guidelines for ACE, URBAN DEVELOPMENT elements with CBP at any time prior to, which may be found at https:// or upon arrival, or up to 15 days after www.cbp.gov/trade/ace/catair. [Docket No. FR–7011–N–34] arrival of the cargo: 30-Day Notice of Proposed Information (1) The bill of lading or the air waybill III. Waiver of Regulation Under the Collection: Standards for Success number; Test Reporting (2) Entry number; For purposes of this test, 19 CFR (3) Planned port of entry; 10.151 will be waived for test AGENCY: Office of the Chief Information (4) Shipper name, address, and participants only insofar as the informal Officer, HUD. country; entry procedures for ‘‘release from ACTION: Notice. (5) Consignee name and address; manifest’’ are inconsistent with the (6) Country of origin; requirements in this notice. SUMMARY: HUD is seeking approval from (7) Quantity; Additionally, 19 CFR 128.21(a), the Office of Management and Budget (8) Fair retail value in the country of 128.24(e), 143.23(j) and (k), and (OMB) for the information collection shipment; 143.26(b) will be waived for test described below. In accordance with the (9) 10-digit HTSUS number; participants to the extent such Paperwork Reduction Act, HUD is (10) IOR number of the owner, procedures are inconsistent with the requesting comment from all interested purchaser, or broker when designated requirements of this notice. parties on the proposed collection of by a consignee (conditional). information. The purpose of this notice The IOR number is a conditional ACE IV. Comments is to allow for 30 days of public Entry Type 86 Test data element and is comment. required when the shipment is subject All interested parties are invited to DATES: Comments Due Date: September to PGA data reporting requirements. The comment on any aspect of this test at 12, 2019. IOR number provided must be that of any time. CBP requests comments and the shipment’s owner, purchaser, or feedback on all aspects of this test, ADDRESSES: Interested persons are broker when designated by a consignee. including the design, conduct and invited to submit comments regarding Upon receipt of the data in an entry implementation of the test, in order to this proposal. Comments should refer to type ‘‘86’’ filing, CBP will determine determine whether to modify, alter, the proposal by name and/or OMB whether the shipment is subject to PGA expand, limit, continue, end, or fully Control Number and should be sent to: data reporting requirements. Any PGA implement this new entry process. HUD Desk Officer, Office of Management and Budget, New data reporting requirements would be V. Paperwork Reduction Act satisfied by the PGA Message Set and Executive Office Building, Washington, the filing of any supporting In accordance with the Paperwork DC 20503; fax: 202–395–5806, Email: documentation via the Document Image Reduction Act of 1995 (44 U.S.C. 3507), OIRA [email protected] System (DIS). The PGA Message Set an agency may not conduct, and a FOR FURTHER INFORMATION CONTACT: enables the trade community to person is not required to respond to, a Anna P. Guido, Reports Management electronically submit all data required collection of information unless the Officer, QMAC, Department of Housing by the PGAs only once to CBP, collection of information displays a and Urban Development, 451 7th Street eliminating the necessity for the valid control number assigned by OMB. SW, Washington, DC 20410; email Anna submission and subsequent manual The collections of information for the P. Guido at [email protected] or processing of paper documents, and ACE Entry Type 86 Test are included in telephone 202–402–5535. This is not a makes the required data available to the an existing collection for CBP Form toll-free number. Person with hearing or relevant PGAs for import and 3461 (OMB control number 1651–0024). speech impairments may access this transportation-related decision making. number through TTY by calling the toll- VI. Misconduct Under This Test See the December 13, 2013 Federal free Federal Relay Service at (800) 877– Register notice (78 FR 75931) for a A test participant may be subject to 8339. Copies of available documents further discussion of the PGA Message civil and criminal penalties, submitted to OMB may be obtained Set and the October 15, 2015 Federal administrative sanctions, or liquidated from Ms. Guido. Register notice (80 FR 62082) for a damages for any of the following: SUPPLEMENTARY INFORMATION: This further discussion of DIS. (1) Failure to follow the rules, notice informs the public that HUD is A ‘‘CBP release’’ message indicates requirements, terms, and conditions of seeking approval from OMB for the that CBP has determined that the this test; information collection described in Section 321 low-valued goods may be Section A. released from CBP custody. All (2) Failure to exercise reasonable care The Federal Register notice that merchandise released by CBP is released in the execution of participant solicited public comment on the conditionally and remains subject to obligations; or information collection for a period of 60 recall through the issuance of a Notice (3) Failure to abide by applicable laws days was published on Friday, May 3, of Redelivery. Merchandise that is and regulations that have not been 2019 at 84 FR 19101. regulated by one or more PGAs may not waived. proceed into commerce until CBP A. Overview of Information Collection Dated: August 7, 2019. releases the merchandise and all PGAs Title of Information Collection: that regulate the merchandise have Brenda B. Smith, Standards for Success Reporting. issued a ‘‘may proceed’’ message. Executive Assistant Commissioner, Office of OMB Approval Number: 2501–0034. The definitions of the ACE data Trade. Type of Request: Revision of a elements, the technical requirements for [FR Doc. 2019–17243 Filed 8–12–19; 8:45 am] currently approved collection. submission, and information describing BILLING CODE 9111–14–P Form Number: HUD–PRL.

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Responses Hourly Information Number of Frequency of per Burden hours Annual cost per Annual collection respondents response annum per response burden hours response cost

HUD Participant Record-Level Report (HUD–PRL) ...... 4,821.00 104.00 1 501,384.00 0.33 167,128.00 2 $18.02 $3,013,318.00

Description of the need for the and reporting requirements described in The reporting requirements in this information and proposed use: This this notice are designed to provide HUD proposal better organize the data that request is for the continued clearance of programs a tested alternative to their participating programs collected in the data collection and reporting existing disparate reporting past, standardize outcomes and requirements to enable the U.S. methodologies, forms, systems, and performance measures, and allow Department of Housing and Urban requirements. program offices at HUD to select which Development (HUD) Office of Business The lack of standardized data data elements and performance Transformation (OBT) to better assess collection and reporting requirements indicators are relevant for their the effectiveness of discretionary- imposes an increased burden on respective programs. Documents funded programs included in this funding recipients with multiple HUD detailing the data elements, information collection request (ICR). funding streams. The need for a performance indicators, and programs The discretionary-funded programs comprehensive standardized reporting are available for review by request from included in this ICR are the Multifamily approach is underscored by reviews Anna P. Guido (Anna.P.Guido@ Housing Service Coordinator Grant conducted by external oversight hud.gov). All information reported to Program, the Multifamily Housing agencies, including the HUD Office of HUD will be submitted electronically. Budget-based Service Coordinator Inspector General (OIG) and the Funding recipients may use existing Program, and the Resident Opportunity Government Accountability Office management information systems and Self Sufficiency Service (GAO). In response, HUD is using its provided those systems collect all of the Coordinator Grant Program (ROSS). statutory and regulatory authority to required data elements and can be This proposed collection, titled improve and strengthen performance exported for submission to HUD. Standards for Success, has three key reporting for its discretionary programs, Funding recipients that sub-award tenets which vastly improve data ultimately working towards a single funds to other organizations will need to collection and reporting for comprehensive reporting approach. collect the required information from participating programs. First is the The Secretary’s statutory and their sub-recipients. standardization of data collection and regulatory authority to administer Information collected and reported reporting requirements across programs housing and urban development will be used by funding recipients and which increases data comparability and programs include provisions allowing HUD for the following purposes: utilization. Second is the ability to for the requirement of performance • To provide program and report on measurable outcomes and reporting from funding recipients. This performance information to recipients, aligning them with higher-level agency legal authority is codified at 42 U.S.C. general public, Congress, and other objectives. And third is the collection of 3535(r). The individual privacy of stakeholders; record-level data, instead of aggregate service recipients is of the highest • To continuously improve the data. Collecting de-identified data at the priority. The reporting repository quality, effectiveness, and efficiency of level of the service recipient allows for established at HUD to receive data discretionary-funded programs; more meaningful analysis, improved submission from funding recipients will • To provide management management, and the ability to not include any personally identifiable information for use by HUD in program demonstrate the progress and information (PII). Additionally, if the administration and oversight, including achievements of the funding recipients data from a funding recipient has 25 or the scoring of applications and the and the programs. Standards for Success fewer individuals served during a fiscal monitoring of funding-recipient accepts data submission by direct data year as reported in the record-level participation, services, and outcomes; input through the HUD-funded reports, then the results for the and GrantSolutions online data collection demographic data elements for the 25 or • To better measure and analyze and reporting tool (OLDC) and by data fewer individuals will also be redacted performance information to identify file upload, accommodating file formats or removed from the public-use data file successful practices to be replicated and in Microsoft Excel or Extensible Markup and any publicly available analytical prevent or correct problematic practices Language (XML). products in order to ensure the inability and improve outcomes in compliance Currently across HUD, there are to identify any individual. with the Government Performance and several reporting models in place for its Eligible entities receiving funding by Results Act (GPRA) and the GPRA discretionary programs. The reporting HUD are expected to implement the Modernization Act. models provide information on a wide proposed recordkeeping and reporting The data collection and reporting variety of outputs and outcomes and are requirements with available HUD funds. requirements may expand to other HUD based on unique data definitions and It is important to note that affected HUD programs. Program implementation will outcome measures in program-specific funding recipients only submit a subset be determined by the program. HUD performance and progress reports. In of all the data elements presented. The will provide technical assistance to Federal Fiscal Year 2013, nine program participating HUD program offices funding recipients throughout the offices at HUD used six systems and 15 determine the specific data collection implementation. reporting tools to collect over 700 data and reporting requirements, which elements in support of varied metrics to considers the type and level of service B. Solicitation of Public Comment assess the performance of their funding provided by the respective HUD This notice is soliciting comments recipients. The proposed data collection program. from members of the public and affected

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parties concerning the collection of number 202–402–2252 (this is not a toll- absence, disability, or vacancy in office. information described in Section A on free number). Persons with hearing or No individual who is serving in an the following: speech impairments may access this office listed above in an acting capacity (1) Whether the proposed collection telephone number via TTY by calling shall act as the Assistant Secretary for of information is necessary for the the Federal Relay Service, toll-free, at 1– Community Planning and Development proper performance of the functions of 800–877–8339. pursuant to this Order of Succession. the agency, including whether the SUPPLEMENTARY INFORMATION: The Section B. Authority Superseded information will have practical utility; Secretary of HUD is issuing this Order (2) The accuracy of the agency’s of Succession of officials authorized to This Order of Succession supersedes estimate of the burden of the proposed perform the functions and duties of the all prior orders of succession for the collection of information; Office of the Assistant Secretary for Office of Community Planning and (3) Ways to enhance the quality, Community Planning and Development Development, including the one utility, and clarity of the information to when the Assistant Secretary is not published at 80 FR 21755 on April 20, be collected; and available to exercise the powers or 2015. (4) Ways to minimize the burden of perform the duties of the office. This Authority: Section 7(d), Department of the collection of information on those Order of Succession is subject to the Housing and Urban Development Act, 42 who are to respond; including through provisions of the Federal Vacancies U.S.C. 3535(d). the use of appropriate automated Reform Act of 1998 (5 U.S.C. 3345– Dated: August 1, 2019. collection techniques or other forms of 3349d). This publication supersedes all Brian D. Montgomery, information technology, e.g., permitting prior orders of succession for the Office Acting Deputy Secretary. electronic submission of responses. of Community Planning and [FR Doc. 2019–17330 Filed 8–12–19; 8:45 am] HUD encourages interested parties to Development, including the Order of submit comment in response to these Succession published in the Federal BILLING CODE 4210–67–P questions. Register on April 20, 2015 at 80 FR C. Authority 21755. DEPARTMENT OF HOUSING AND Section 3507 of the Paperwork Section A. Order of Succession URBAN DEVELOPMENT Reduction Act of 1995, 44 U.S.C. Subject to the provisions of the [Docket No. FR–7011–N–32] Chapter 35. Federal Vacancies Reform Act of 1998, Dated: August 2, 2019. during any period when, by reason of 30-Day Notice of Proposed Information Anna P. Guido, absence, disability, or vacancy in office, Collection: Data Collection for the HUD Department Reports Management Officer, the Assistant Secretary for Community Secretary’s Awards Planning and Development is not Office of the Chief Information Officer. AGENCY: Office of the Chief Information available to exercise the powers or [FR Doc. 2019–17332 Filed 8–12–19; 8:45 am] Officer, HUD. BILLING CODE 4210–67–P perform the duties of the Assistant Secretary for Community Planning and ACTION: Notice. Development the following officials SUMMARY: HUD is seeking approval from within the Office of Community DEPARTMENT OF HOUSING AND the Office of Management and Budget Planning and Development are hereby URBAN DEVELOPMENT (OMB) for the information collection designated to exercise the powers and described below. In accordance with the [Docket No. FR–6174–D–01] perform the duties of the Office, Paperwork Reduction Act, HUD is including the authority to waive Order of Succession for the Office of requesting comment from all interested regulations: Community Planning and Development parties on the proposed collection of (1) Principal Deputy Assistant information. The purpose of this notice AGENCY: Secretary for Community Planning and Office of the Secretary, HUD. is to allow for 30 days of public Development. ACTION: Notice of Order of Succession comment. for the Office of Community Planning (2) General Deputy Assistant and Development. Secretary for Community Planning and DATES: Comments Due Date: September Development. 12, 2019. SUMMARY: In this notice, the Secretary of (3) Deputy Assistant Secretary for ADDRESSES: Interested persons are HUD designates the Order of Succession Grant Programs. invited to submit comments regarding for the Office of Community Planning (4) Deputy Assistant Secretary for this proposal. Comments should refer to and Development (CPD). This Order of Special Needs Programs. the proposal by name and/or OMB (5) Deputy Assistant Secretary for Succession supersedes all prior Orders Control Number and should be sent to: Economic Development. of Succession for the Assistant Secretary HUD Desk Officer, Office of (6) Deputy Assistant Secretary for for Community Planning and Management and Budget, New Development, including the Order of Operations. (7) CPD Regional Office Director, Executive Office Building, Washington, Succession published on April 20, 2015. DC 20503; fax: 202–395–5806, Email: Philadelphia. _ DATES: August 1, 2019. (8) CPD Regional Office Director, OIRA [email protected]. FOR FURTHER INFORMATION CONTACT: John Kansas City. FOR FURTHER INFORMATION CONTACT: Biechman, Field Management Officer (9) CPD Regional Office Director, Anna P. Guido, Reports Management and CPD Continuity of Operations Plan Boston. Officer, QMAC, Department of Housing Coordinator, Office of Field These officials shall perform the and Urban Development, 451 7th Street Management, Office of Community functions and duties of the Office in the SW, Washington, DC 20410; email Anna Planning and Development, Department order specified herein, and no official P. Guido at [email protected] or of Housing and Urban Development, shall serve unless all the other officials, telephone 202–402–5535. This is not a 451 7th Street SW, Room 7228, whose positions precede his/hers in this toll-free number. Person with hearing or Washington, DC 20410–7000, telephone order, are unable to act by reason of speech impairments may access this

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number through TTY by calling the toll- seeking approval from OMB for the A. Overview of Information Collection free Federal Relay Service at (800) 877– information collection described in Title of Information Collection: Data 8339. Copies of available documents Section A. The Federal Register notice that Collection for the HUD Secretary’s submitted to OMB may be obtained Awards. from Ms. Guido. solicited public comment on the information collection for a period of 60 OMB Approval Number: 2528–New. SUPPLEMENTARY INFORMATION: This days was published on Thursday, April Type of Request: New collection. notice informs the public that HUD is 5, 2019 at 84 FR 13710. Form Number: TBD.

Number of Frequency Responses Burden hours Annual Hourly cost Information collection respondents of response per annum per response burden hours per response Annual cost

The Secretary’s Award for Public-Philan- thropic Partner- ships—Housing and Community Develop- ment in Action ...... 50.00 1.00 50.00 3.00 150.00 $15.92 $2,388.00 The Secretary’s Award for Healthy Homes ... 30.00 1.00 30.00 3.00 90.00 15.92 1,432.80 ACHP/HUD Secretary’s Award for Excellence in Historic Preserva- tion ...... 50.00 1.00 50.00 3.00 150.00 15.92 2,388.00 American Planning As- sociation-HUD Sec- retary’s Opportunity and Empowerment... 50.00 1.00 50.00 3.00 150.00 15.92 2,388.00 American Institute of Architects/HUD Sec- retary’s Housing and Community Design... 50.00 1.00 50.00 3.00 150.00 15.92 2,388.00 HUD Innovation in Af- fordable Housing Stu- dent Competition ...... 50.00 1.00 50.00 3.00 150.00 15.92 2,388.00

Total ...... 280.00 ...... 280.00 ...... 840.00 ...... 13,372.80

Description of the need for the The Secretary’s Award for Public- environments healthier through healthy information and proposed use: HUD Philanthropic Partnerships—Housing homes research, education, and through seeks to collect information that will be and Community Development in Action program delivery, especially in diverse, used to make the following HUD HUD, in partnership with the Council low to moderate income communities. Secretary’s Awards: (a) The Secretary’s on Foundations, announces the HUD’s ACHP/HUD Secretary’s Award for Award for Public-Philanthropic Secretary’s Awards for Public- Excellence in Historic Preservation Partnerships—Housing and Community Philanthropic Partnerships which Development in Action, (b) the recognize excellence in partnerships HUD, through its Office of Policy Secretary’s Award for Healthy Homes, that have both transformed the Development and Research and in (c) the ACHP/HUD Secretary’s Award relationships between the sectors and partnership with The Advisory Council for Excellence in Historic Preservation, led to measurable benefits in terms of on Historic Preservation (ACHP) (d) American Planning Association- increased economic development, recognizes developers, organizations Opportunity and Empowerment, and health, safety, education, disaster and agencies for their success in advancing the goals of historic American Institute of Architects- resilience, inclusivity and cultural preservation while providing affordable Housing and Community Design. opportunities, and/or housing access for low- and moderate-income families. By housing and/or expanded economic On an annual basis, HUD accepts strengthening the connection between opportunities for low-and moderate- nominations for the above listed awards. the HUD and philanthropy, these income families and individuals. A common application form containing awards highlight the power of collective American Planning Association— general information will streamline impact that can be achieved through Opportunity and Empowerment information collection across these five public-philanthropic partnerships award programs. Each non-monetary between government entities and HUD, through its Office of Policy award recognizes awardees for their foundations. Development and Research, and in innovation and commitment to raising partnership with the American Planning industry standards in Housing and The Secretary’s Award for Healthy Association, honors excellence in Homes Community Development. Below is a community planning that has led to brief description of each of the five HUD, through its Office of Lead measurable benefits in terms of awards programs. Hazard Control and Healthy Homes increased economic development, (OLHCHH), and in partnership with the employment, education, or housing National Environmental Health choice and mobility for low- and Association (NEHA), recognizes moderate-income residents. The award excellence in making indoor stresses tangible results and recognizes

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the planning discipline as an important DEPARTMENT OF THE INTERIOR collected; and (5) how might the Service community resource. The award minimize the burden of this collection emphasizes how creative housing, Fish and Wildlife Service on the respondents, including through economic development, and private [FWS–HQ–MB–2019–N083; FF09M21200– the use of information technology. investments are used in, or in tandem 190–FXMB1231099BPP0; OMB Control Comments that you submit in with, a comprehensive community Number 1018–New] response to this notice are a matter of development plan. public record. We will include or Agency Information Collection summarize each comment in our request American Institute of Architects— Activities; Falconry Application to OMB to approve this ICR. Before Housing and Community Design Database including your address, phone number, email address, or other personal HUD, through its Office of Policy AGENCY: Fish and Wildlife Service, identifying information in your Development and Research, and in Interior. conjunction with the Residential comment, you should be aware that ACTION: Notice of information collection; Knowledge Community of The your entire comment—including your request for comment. American Institute of Architects (AIA), personal identifying information—may recognizes excellence in affordable SUMMARY: In accordance with the be made publicly available at any time. housing, community-based design, Paperwork Reduction Act of 1995, we, While you can ask us in your comment participatory design, and accessibility. the U.S. Fish and Wildlife Service to withhold your personal identifying These awards demonstrate that design (Service, we), are proposing a new information from public review, we matters and provide examples of information collection. cannot guarantee that we will be able to do so. important benchmarks in the housing DATES: Interested persons are invited to Abstract: The Service collects industry. Awards are offered in four submit comments on or before October information via permit applications to categories: Community-Informed 15, 2019. Design, Creating Community determine the eligibility of applicants ADDRESSES: Connection, Excellence in Affordable Send your comments on the for permits requested in accordance Housing Design, and Housing information collection request by mail with the criteria in various Federal Accessibility—Alan J. Rothman. to the Service Information Collection wildlife conservation laws and Clearance Officer, U.S. Fish and international treaties, including: B. Solicitation of Public Comment Wildlife Service, MS: JAO/1N PRB/ (1) Migratory Bird Treaty Act (16 PERMA, 5275 Leesburg Pike, Falls This notice is soliciting comments U.S.C. 703 et seq.). Church, VA 22041–3803 (mail); or by (2) Lacey Act (16 U.S.C. 3371 et seq.). from members of the public and affected email to [email protected]. Please parties concerning the collection of (3) Bald and Golden Eagle Protection reference OMB Control Number 1018– Act (16 U.S.C. 668). information described in Section A on Falconry in the subject line of your Service regulations implementing these the following: comments. (1) Whether the proposed collection statutes and treaties are in chapter I, FOR FURTHER INFORMATION CONTACT: To of information is necessary for the subchapter B of title 50 of the Code of request additional information about proper performance of the functions of Federal Regulations (CFR). These this ICR, contact Madonna L. Baucum, the agency, including whether the regulations stipulate general and Service Information Collection information will have practical utility; specific requirements that, when met, Clearance Officer, by email at Info_ allow us to issue permits to authorize (2) The accuracy of the agency’s [email protected], or by telephone at (703) activities that are otherwise prohibited. estimate of the burden of the proposed 358–2503. Beginning in 2014, the Service passed collection of information; SUPPLEMENTARY INFORMATION: In the authority to issue permits for the (3) Ways to enhance the quality, accordance with the Paperwork practice of falconry to individual States utility, and clarity of the information to Reduction Act of 1995, we provide the (50 CFR 21.29, 78 FR 72832). As part of be collected; and general public and other Federal this change in authority, we required (4) Ways to minimize the burden of agencies with an opportunity to States to maintain databases of falconers the collection of information on those comment on new, proposed, revised, authorized to conduct falconry in their who are to respond; including through and continuing collections of States and required falconers to report the use of appropriate automated information. This helps us assess the transfers of falconry birds using the collection techniques or other forms of impact of our information collection paper version of FWS Form 3–186A. We information technology, e.g., permitting requirements and minimize the public’s require each State that maintains its electronic submission of responses. reporting burden. It also helps the own database to ensure that it is HUD encourages interested parties to public understand our information compatible with the Service’s database. submit comment in response to these collection requirements and provide the To date, 47 States utilize the system questions. requested data in the desired format. provided by the Service. The Service’s We are soliciting comments on the database continues to track take of birds C. Authority proposed information collection request from the wild by falconers and to Section 3507 of the Paperwork (ICR) that is described below. We are maintain records of persons permitted Reduction Act of 1995, 44 U.S.C. especially interested in public comment by the States to practice falconry, as Chapter 35. addressing the following issues: (1) Is required by 50 CFR 21.29(k)(1). the collection necessary to the proper In 2018, the Service requested and Dated: August 1, 2019. functions of the Service; (2) will this received OMB approval under the Anna P. Guido, information be processed and used in a Department of the Interior Fast Track Department Reports Management Officer, timely manner; (3) is the estimate of generic clearance (OMB Control No. Office of the Chief Information Officer. burden accurate; (4) how might the 1090–0011) to conduct usability testing [FR Doc. 2019–17333 Filed 8–12–19; 8:45 am] Service enhance the quality, utility, and of the revised/repaired application and BILLING CODE 4210–67–P clarity of the information to be database functionality. This new

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falconry database (database) replaced a Total Estimated Number of Annual under the California Environmental legacy system based on outdated Responses: 40 (30 individuals, 10 State Quality Act. programming. It reduced the cost to the governments). DATES: We must receive any comments government by eliminating the need for Estimated Completion Time per on the final EIR/EIS by 5 p.m. on Service personnel to enter data for each Response: 2.5 hours. September 12, 2019. We will sign a new falconer, and simply required the Total Estimated Number of Annual record of decision no sooner than 30 entry of data for State administrators. In Burden Hours: 100 (75 hours for days after the publication of the addition, this new database enhances individuals, 25 hours for State Environmental Protection Agency (EPA) the user experience by allowing them to governments). notice of the final EIS in the Federal enter data from any device that has Respondent’s Obligation: Required to Register. internet access, including PCs, tablets, Obtain or Retain a Benefit. Frequency of Collection: On occasion. ADDRESSES: To view or download the and smart phones. This usability testing Final EIR/EIS, or for a list of locations helped the Service to address problems Total Estimated Annual Nonhour Burden Cost: None. to view hard-bound copies, go to http:// and recommendations prior to the www.deltaresearchstation.com. For how database going live. We are now ready An agency may not conduct or sponsor and a person is not required to to view comments on the EIS from the to request full OMB approval of the Environmental Protection Agency database. respond to a collection of information unless it displays a currently valid OMB (EPA), or for information on EPA’s role The database is a web-based control number. in the EIS process, see EPA’s Role in the application designed to monitor The authority for this action is the EIS Process under SUPPLEMENTARY falconry activities throughout the Paperwork Reduction Act of 1995 (44 INFORMATION. United States. The process involves U.S.C. 3501 et seq.). FOR FURTHER INFORMATION CONTACT: keeping track of falconry acquisitions Dated: August 7, 2019. Barbara Beggs, at 916–930–5603 (phone) and dispositions among falconry permit _ Madonna L. Baucum, or barbara [email protected] (email). holders. This process requires falconer Persons who use a telecommunications and/or propagator permit holders to Information Collection Clearance Officer, U.S. Fish and Wildlife Service. device for the deaf may call the Federal report their activities by filling out Relay Service (FRS) at 1–800–877–8339. [FR Doc. 2019–17240 Filed 8–12–19; 8:45 am] electronic falconry applications. The FRS is available 24 hours a day, 7 Falconers and State administrators BILLING CODE 4333–15–P days a week, for you to leave a message must register to use the database. States or question for the above individual. that participate in the falconry DEPARTMENT OF THE INTERIOR You will receive a reply during regular application must first contact the business hours. Service’s Division of Migratory Birds Fish and Wildlife Service SUPPLEMENTARY INFORMATION: located in Virginia to create a profile in the database. Each State is required to [FWS–R8–FAC–2018–N070; Introduction have at least one person acting as State FXFR133508RMAIN–189–FF08F00000] We, the U.S. Fish and Wildlife representative or administrator. Service (USFWS), have prepared a Final Information collected from States to Delta Research Station Project: Estuarine Research Station and Fish Environmental Impact Report/ create new falconer profiles includes the Environmental Impact Statement (EIR/ Technology Center, Final user’s State, access role, and basic EIS) under the National Environmental Environmental Impact Report/ contact information. Policy Act (NEPA) of 1969, as amended Environmental Impact Statement; (42 U.S.C. 4321 et seq.), and its A falconer must first apply for a Sacramento, California falconry permit in his/her State. Once implementing regulations (40 CFR 1500 the permit is approved by the State AGENCY: Fish and Wildlife Service, et seq.). The Final EIR/EIS evaluates permit issuing office, the State Interior. impacts regarding construction and administrator will create the new ACTION: Notice of availability. operation of the Delta Research Station falconer profile by entering the (DRS) in the San Francisco Bay/ falconer’s State, class, basic contact SUMMARY: We, the U.S. Fish and Sacramento–San Joaquin Delta Estuary information, and permit information to Wildlife Service (USFWS), have (Bay-Delta), California. The planned include number, date issued, and prepared a final environmental impact DRS would consist of two facilities, a expiration date into the database. report/environmental impact statement proposed Estuarine Research Station Additionally, a falconer is required to (EIR/EIS) under the National (ERS) and a Fish Technology Center notify his/her State 30 days in advance Environmental Policy Act (NEPA) of (FTC). The U.S. Fish and Wildlife via email of any change in address or 1969 and its implementing regulations. Service (USFWS) is the lead Federal the location of the facilities where birds The final EIR/EIS evaluates impacts agency responsible for coordinating the are held. regarding construction and operation of environmental analysis for the proposed Title of Collection: Falconry the Delta Research Station (DRS) in the action under NEPA. The California Application Database. San Francisco Bay/Sacramento–San Department of Water Resources (DWR) Joaquin Delta Estuary, California. The is the lead State agency responsible for OMB Control Number: 1018–New. planned DRS would consist of two coordinating the environmental analysis Form Number: FWS Form 3–186A facilities, a proposed Estuarine Research under the California Environmental (electronic). Station and a Fish Technology Center. Quality Act (CEQA). The EIR/EIS is now Type of Review: New. The USFWS is the lead Federal agency available for review. Volumes I and II Respondents/Affected Public: responsible for coordinating the are the draft EIR/EIS, and Volume III Individuals/households and State environmental analysis for the proposed identifies the changes made to the draft governments. action under NEPA. The California EIR/EIS and provides the responses to Total Estimated Number of Annual Department of Water Resources is the comments. The Final EIR/EIS addressed Respondents: 40 (30 individuals, 10 lead State agency responsible for comments received on the Draft EIR/EIS State governments). coordinating the environmental analysis and contained two attachments related

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to the public review of the Draft EIR/ expected to enhance interagency did not result in substantial changes in EIS: Attachment A, which includes the coordination and collaboration. the proposed action relevant to Draft EIR/EIS notices and mailing list; The purpose of the DRS is to enhance environmental concerns. Therefore, a and Attachment B, which includes interagency coordination and supplement was not required under 40 public meeting materials such as the collaboration by developing a shared CFR 1502.9(c)(1)(i). meeting sign-in sheet, comment form, facility. Currently, Federal and State The Final EIR/EIS contains responses speaker card, and presentation. agency staff working on similar Bay- to all substantive comments received on Delta issues are distributed among the Draft EIR/EIS, reflects comments Public Coordination different locations that are often remote and any information received during the On December 10, 2014, the USFWS from the Bay-Delta. Construction and review period, and includes revisions to issued a Notice of Intent (NOI) to operation of the DRS would reduce the environmental analysis to reflect prepare an EIR/EIS on the DRS (79 FR travel times and costs and improve modifications to Alternative 2. 73332; https://www.gpo.gov/fdsys/pkg/ research and monitoring activity DWR’s certification of the EIR and FR-2014-12-10/pdf/2014-28891.pdf). efficiency. The DRS would consolidate final decision-making under the CEQA The NOI identified the purpose and existing IEP programs currently located occurred May 18, 2017. USFWS will not need of the project, provided an throughout the Delta, and the FTC sign the Record of Decision until at least overview of the DRS and proposed would house a new program to develop 30 days after EPA publishes a notice of facilities, and requested comments and apply captive fish propagation availability of the Final EIR/EIS. technologies in support of population throughout the scoping process. Two EPA’s Role in the EIS Process scoping meetings were held, in Rio restoration. Vista and Stockton, on December 15, The Draft EIR/EIS evaluated the The EPA is charged under section 309 2014, and December 16, 2014, potential impacts of three action of the Clean Air Act to review all respectively. On October 30, 2015, the alternatives, as well as the No Project Federal agencies’ EISs and to comment Draft EIR/EIS was released to the public Alternative: The No Project Alternative on the adequacy and the acceptability of and a 45-day public comment period (DWR and USFWS would not construct the environmental impacts of proposed was opened through notification in the the ERS or FTC); Alternative 2 (the ERS actions in the EISs. Federal Register (80 FR 66926; https:// and FTC facilities would be EPA also serves as the repository (EIS consolidated in the predominantly www.gpo.gov/fdsys/pkg/FR-2015-10-30/ database) for EISs prepared by Federal undeveloped portions of the Rio Vista pdf/FR-2015-10-30.pdf). This notice agencies and provides notice of their Army Reserve Center site); Alternative 3 described the proposed action and the availability in the Federal Register. The (the ERS facilities would involve range of alternatives. Two public EIS database provides information about rehabilitation and reuse of existing meetings were held, in Rio Vista and EISs prepared by Federal agencies, as facilities); and Alternative 4 (the ERS Stockton, on December 1, 2015, and well as EPA’s comments concerning the and FTC facilities would be located at December 3, 2015, respectively. EISs. All EISs are filed with EPA, which the 845 Ryde Avenue site in Stockton). publishes a notice of availability on Background California Department of Water Fridays in the Federal Register. Resources (DWR), the CEQA lead For more information, see http:// The proposed project consists of agency, identified Alternative 2 as the www.epa.gov/compliance/nepa/ construction and operation of two proposed project and USFWS has eisdata.html. You may search for EPA facilities, a proposed Estuarine Research selected Alternative 2 as the NEPA comments on EISs, along with EISs Station (ERS) and a Fish Technology preferred alternative. themselves, at https:// Center (FTC). Collectively, these Since publication of the Draft EIR/EIS, cdxnodengn.epa.gov/cdx-enepa-public/ facilities are intended to serve as an Alternative 2 was modified such that action/eis/search. aquatic research and monitoring facility the new marina would be partially that is located in a centralized area of excavated inland, as opposed to being Public Availability of Comments the Bay-Delta. The project reflects the entirely located within the existing All comments received, including outcome of a multiyear collaboration Sacramento River channel (as it was names and addresses, will become part between DWR, USFWS, California described in the Draft EIR/EIS). The of the decision record for this action and Department of Fish and Wildlife, and Final EIR/EIS described and analyzed will be available to the public. Before other agencies involved in the project modifications and refinements to including your address, phone number, Interagency Ecological Program (IEP). Alternative 2 (Rio Vista Army Reserve email address, or other personal The DRS would consolidate ongoing Center—Configuration 1). This modified identifying information in your Interagency Ecological Program (IEP) alternative consists of developing the comment, you should be aware that research and monitoring activities ERS and FTC facilities on the southern your entire comment—including your throughout the Bay-Delta and provide edge of Rio Vista. The ERS and FTC personal identifying information—will facilities for study and production of facilities would be consolidated in the be publicly available. If you submit a endangered Delta fishes. Currently, the predominantly undeveloped portions of hardcopy comment that includes IEP has approximately 145 State and the site, and the marina would be personal identifying information, you Federal employees that conduct established in the Sacramento River at may request at the top of your document research throughout the Bay-Delta. The the southeastern end of the site. The that we withhold this information from IEP collaboratively monitors, researches, facilities layout of the modified public review. However, we cannot models, and synthesizes critical Alternative 2 would be very similar to guarantee that we will be able to do so. information for adaptive management that which is described in the Draft EIR/ water project operations and planning EIS, with the exception that some Authority and regulatory purposes relative to the building footprints would be shifted This notice is published in aquatic ecosystem in the Bay-Delta. westerly to accommodate the partially accordance with the requirements of USFWS and DWR plan to construct the excavated marina. These modifications National Environmental Policy Act of DRS in a centrally located area within were made in response to comments 1969, as amended (42 U.S.C. 4321 et the Bay-Delta, and the facilities are from the Army Corps of Engineers and seq.), the Council for Environmental

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Quality’s regulations for implementing ADDRESSES: activities as pursuing, harassing, NEPA (40 CFR 1500 through 1508), and Document availability and comment trapping, capturing, or collecting, in the Department of the Interior’s NEPA submission: Submit requests for a copy addition to hunting, shooting, harming, regulations (43 CFR part 46). of the application and related wounding, or killing. documents and submit any comments Jody Holzworth, by one of the following methods. All A recovery permit issued by us under Deputy Regional Director, Pacific Southwest requests and comments should specify section 10(a)(1)(A) of the ESA Region, Fish and Wildlife Service. the applicant name and application authorizes the permittee to conduct [FR Doc. 2019–17225 Filed 8–12–19; 8:45 am] number: activities with endangered or threatened BILLING CODE 4333–15–P • Email: [email protected]. species for scientific purposes that • U.S. Mail: Marilet Zablan, Program promote recovery or for enhancement of Manager, Restoration and Endangered propagation or survival of the species. DEPARTMENT OF THE INTERIOR Species Classification, Ecological These activities often include such Fish and Wildlife Service Services, U.S. Fish and Wildlife Service, prohibited actions as capture and Pacific Regional Office, 911 NE 11th collection. Our regulations [FWS–R1–ES–2019–N095; Avenue, Portland, OR 97232–4181. implementing section 10(a)(1)(A) for FXES11130100000–190–FF01E00000] FOR FURTHER INFORMATION CONTACT: these permits are found in the Code of Endangered Species; Receipt of Colleen Henson, Regional Recovery Federal Regulations (CFR) at 50 CFR Recovery Permit Application Permit Coordinator, Ecological Services, 17.22 for endangered wildlife species, (503) 231–6131 (phone); permitsR1ES@ 50 CFR 17.32 for threatened wildlife AGENCY: Fish and Wildlife Service, fws.gov (email). Individuals who are species, 50 CFR 17.62 for endangered Interior. hearing or speech impaired may call the plant species, and 50 CFR 17.72 for ACTION: Notice of receipt of permit Federal Relay Service at 1–800–877– threatened plant species. application; request for comments. 8339 for TTY assistance. SUPPLEMENTARY INFORMATION: We, the Permit Application Available for SUMMARY: We, the U.S. Fish and U.S. Fish and Wildlife Service, invite Review and Comment Wildlife Service, have received an the public to comment on an application for a permit to conduct Proposed activities in the following application for a permit under section permit request are for the recovery and activities intended to enhance the 10(a)(1)(A) of the Endangered Species propagation and survival of endangered enhancement of propagation or survival Act, as amended (ESA; 16 U.S.C. 1531 species under the Endangered Species of the species in the wild. The ESA et seq.). The requested permit would Act of 1973, as amended. We invite the requires that we invite public comment allow the applicant to conduct activities public and local, State, Tribal, and before issuing this permit. Accordingly, intended to promote recovery of species Federal agencies to comment on this that are listed as endangered under the we invite local, State, Tribal, and application. Before issuing the ESA. Federal agencies and the public to requested permit, we will take into submit written data, views, or consideration any information that we Background arguments with respect to this receive during the public comment With some exceptions, the ESA application. The comments and period. prohibits activities that constitute take recommendations that will be most DATES: We must receive your written of listed species unless a Federal permit useful and likely to influence agency comments on or before September 12, is issued that allows such activity. The decisions are those supported by 2019. ESA’s definition of ‘‘take’’ includes such quantitative information or studies.

Applicant, city, Application No. state Species Location Take activity Permit action

TE–48278D–0 Archipelago Re- Band-rumped storm-petrel or Hawaii ...... Harass by capture, handle, band, New. search and akeake (Oceanodroma castro) release, survey, monitor nests, Conservation, and Hawaiian petrel or uau install artificial burrows, and in- Kalaheo, HI. (Pterodroma sandwichensis). stall social attraction array.

Public Availability of Comments from organizations or businesses, and 1973, as amended (16 U.S.C. 1531 et from individuals identifying themselves seq.). Written comments we receive become as representatives or officials of Katherine Norman, part of the administrative record organizations or businesses, will be associated with this action. Before made available for public disclosure in Acting Assistant Regional Director— including your address, phone number, their entirety. Ecological Services, Pacific Region. email address, or other personal [FR Doc. 2019–17231 Filed 8–12–19; 8:45 am] identifying information in your Next Steps BILLING CODE 4333–15–P comment, you should be aware that your entire comment—including your If we decide to issue a permit to the personal identifying information—may applicant listed in this notice, we will be made publicly available at any time. publish a notice in the Federal Register. While you can request in your comment Authority that we withhold your personal identifying information from public We publish this notice under section review, we cannot guarantee that we 10(c) of the Endangered Species Act of will be able to do so. All submissions

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DEPARTMENT OF THE INTERIOR the length of comments may be limited. this review may be viewed on the The public may send written comments Commission’s electronic docket (EDIS) Bureau of Land Management to the RAC at the BLM Las Cruces at https://edis.usitc.gov. [LLNML00000 L12200000.DF0000 District Office, 1800 Marquess Street, SUPPLEMENTARY INFORMATION: 19XL1109AF] Las Cruces, NM 88001. Background.—On June 4, 2019, the Public Disclosure of Comments: Commission determined that the Notice of Public Meeting for the Las Before including your address, phone domestic interested party group Cruces District Resource Advisory number, email address, or other response to its notice of institution (84 Council personal identifying information in your FR 7126, March 1, 2019) of the subject comment, you should be aware that five-year reviews was adequate and that AGENCY: Bureau of Land Management, your entire comment—including your the respondent interested party group Interior. personal identifying information—may response was inadequate in each ACTION: Notice of Public Meeting. be made publicly available at any time. review. The Commission did not find While you can ask us in your comment any other circumstances that would SUMMARY: In accordance with the to withhold your personal identifying warrant conducting full reviews.1 Federal Land Policy and Management information from public review, we Accordingly, the Commission Act and the Federal Advisory cannot guarantee that we will be able to determined that it would conduct Committee Act, the Bureau of Land do so. expedited reviews pursuant to section Management’s (BLM) Las Cruces District Authority: 43 CFR 1784.4–1. 751(c)(3) of the Tariff Act of 1930 (19 Resource Advisory Council (RAC) will U.S.C. 1675(c)(3)).2 meet as indicated below. Steven R. Wells, For further information concerning DATES: The RAC will hold a public BLM New Mexico Associate State Director. the conduct of these reviews and rules meeting on Wednesday, September 11, [FR Doc. 2019–17338 Filed 8–12–19; 8:45 am] of general application, consult the 2019 from 9 a.m. to 2:30 p.m. The BILLING CODE 4310–FB–P Commission’s Rules of Practice and public comment period is scheduled for Procedure, part 201, subparts A and B 2 p.m. (19 CFR part 201), and part 207, ADDRESSES: The meeting will be held at INTERNATIONAL TRADE subparts A, D, E, and F (19 CFR part the BLM Las Cruces District Office, 1800 COMMISSION 207). Marquess Street, Las Cruces, NM 88001. Staff report.—A staff report [Investigation Nos. 731–TA–1140–1142 FOR FURTHER INFORMATION CONTACT: containing information concerning the (Second Review)] Deborah Stevens, BLM Las Cruces subject matter of the reviews will be placed in the nonpublic record on District, 1800 Marquess Street, Las Uncovered Innerspring Units From Cruces, NM 88001, 575–525–4421. August 13, 2019, and made available to China, South Africa, and Vietnam; persons on the Administrative Persons who use a telecommunications Scheduling of Expedited Five-Year Protective Order service list for these device for the deaf (TDD) may call the Reviews reviews. A public version will be issued Federal Relay Service (FRS) at 1–800– thereafter, pursuant to section 877–8229, to contact the above AGENCY: United States International Trade Commission. 207.62(d)(4) of the Commission’s rules. individual during normal business Written submissions.—As provided in hours. The FRS is available 24 hours a ACTION: Notice. section 207.62(d) of the Commission’s day, 7 days a week, to leave a message rules, interested parties that are parties or question with the above individual. SUMMARY: The Commission hereby gives notice of the scheduling of expedited to the reviews and that have provided You will receive a reply during normal individually adequate responses to the business hours. reviews pursuant to the Tariff Act of 3 1930 (‘‘the Act’’) to determine whether notice of institution, and any party SUPPLEMENTARY INFORMATION: The 10- revocation of the antidumping duty other than an interested party to the member Las Cruces District RAC advises reviews may file written comments with the Secretary of the Interior, through the orders on uncovered innerspring units from China, South Africa, and Vietnam the Secretary on what determinations BLM, on a variety of planning and the Commission should reach in the management issues associated with would be likely to lead to continuation or recurrence of material injury within reviews. Comments are due on or before public land management in the Las August 23, 2019 and may not contain a reasonably foreseeable time. Cruces District. new factual information. Any person Planned agenda items include DATES: June 4, 2019. that is neither a party to the five-year updates on current and proposed FOR FURTHER INFORMATION CONTACT: reviews nor an interested party may projects in the Las Cruces District, Jason Duncan (202) 205–3160, Office of submit a brief written statement (which including lands/realty, planning, and Investigations, U.S. International Trade shall not contain any new factual energy projects. There will also be Commission, 500 E Street SW, information) pertinent to the reviews by updates on the John D. Dingell Jr. Washington, DC 20436. Hearing- August 23, 2019. However, should the Conservation, Management and impaired persons can obtain Department of Commerce (‘‘Commerce’’) Recreation Act and its effects on the information on this matter by contacting District as well as a presentation from the Commission’s TDD terminal on 202– 1 A record of the Commissioners’ votes, the the U.S. Forest Service on recreation 205–1810. Persons with mobility Commission’s statement on adequacy, and any individual Commissioner’s statements will be fees. impairments who will need special available from the Office of the Secretary and at the The meeting is open to the public. assistance in gaining access to the Commission’s website. Persons wishing to make comments Commission should contact the Office 2 Commissioner Kearns did not participate in during the public comment period of the Secretary at 202–205–2000. these determinations. should register in person with the BLM General information concerning the 3 The Commission has found the response submitted by Leggett & Platt, Incorporated to be by 1:00 p.m. on the meeting day, at the Commission may also be obtained by individually adequate. Comments from other meeting location. Depending on the accessing its internet server (https:// interested parties will not be accepted (see 19 CFR number of persons wishing to comment, www.usitc.gov). The public record for 207.62(d)(2)).

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extend the time limit for its completion 441 G St NW, Room 6234, Washington, collection of information are of the final results of its reviews, the DC. encouraged. Your comments should deadline for comments (which may not STATUS: Open. address one or more of the following contain new factual information) on MATTERS TO BE CONSIDERED: four points: Commerce’s final results is three 10:00 a.m.—Issuance of Proposed —Evaluate whether the proposed business days after the issuance of Decisions in claims against Iraq. collection of information is necessary Commerce’s results. If comments 10:30 a.m.—Issuance of Proposed for the proper performance of the contain business proprietary Decisions under the Guam World functions of the Bureau of Justice information (BPI), they must conform War II Loyalty Recognition Act, Statistics, including whether the with the requirements of sections 201.6, Title XVII, Public Law 114–328. information will have practical utility; 207.3, and 207.7 of the Commission’s CONTACT PERSON FOR MORE INFORMATION: —Evaluate the accuracy of the agency’s rules. The Commission’s rules with Requests for information, or advance estimate of the burden of the respect to filing were revised effective notices of intention to observe an open proposed collection of information, July 25, 2014. See 79 FR 35920 (June 25, meeting, may be directed to: Patricia M. including the validity of the 2014), and the revised Commission Hall, Foreign Claims Settlement methodology and assumptions used; Handbook on E-filing, available from the Commission, 441 G St NW, Room 6234, —Evaluate whether and if so how the Commission’s website at https:// Washington, DC 20579. Telephone: quality, utility, and clarity of the edis.usitc.gov. (202) 616–6975. information to be collected can be In accordance with sections 201.16(c) enhanced; and and 207.3 of the rules, each document Brian Simkin, —Minimize the burden of the collection filed by a party to the reviews must be Chief Counsel. of information on those who are to served on all other parties to the reviews [FR Doc. 2019–17466 Filed 8–9–19; 4:15 pm] respond, including through the use of (as identified by either the public or BPI BILLING CODE 4410–BA–P appropriate automated, electronic, service list), and a certificate of service mechanical, or other technological must be timely filed. The Secretary will collection techniques or other forms not accept a document for filing without DEPARTMENT OF JUSTICE of information technology, e.g., a certificate of service. permitting electronic submission of [OMB Number 1121–0140] Determination.—The Commission has responses. determined these reviews are Agency Information Collection Overview of This Information extraordinarily complicated and Activities; Proposed eCollection Collection therefore has determined to exercise its eComments Requested; Extension of a authority to extend the review period by Currently Approved Collection: OJP (1) Type of Information Collection: up to 90 days pursuant to 19 U.S.C. Standard Assurances Extension of a currently approved 1675(c)(5)(B). collection. AGENCY: Office of Justice Programs, (2) Title of the Form/Collection: OJP Authority: These reviews are being Standard Assurances. conducted under authority of title VII of the Department of Justice. Tariff Act of 1930; this notice is published ACTION: 60-Day notice. (3) Agency form number, if any, and pursuant to section 207.62 of the the applicable component of the Commission’s rules. SUMMARY: The Department of Justice Department sponsoring the collection: (DOJ), Office of Justice Programs will be Form number: None. By order of the Commission. submitting the following information Component: Office of Justice Issued: August 7, 2019. collection request to the Office of Programs, Department of Justice. Lisa Barton, Management and Budget (OMB) for (4) Affected public who will be asked Secretary to the Commission. review and approval in accordance with or required to respond, as well as a brief [FR Doc. 2019–17254 Filed 8–12–19; 8:45 am] the Paperwork Reduction Act of 1995. abstract: BILLING CODE 7020–02–P The proposed information collection is Primary: Applicants for grants funded published to obtain comments from the by the Office of Justice Programs. public and affected agencies. Other: none. Abstract: The purpose of the Standard DATES: Comments are encouraged and DEPARTMENT OF JUSTICE Assurances form is to obtain the will be accepted for 60 days until assurance/certification of each applicant Foreign Claims Settlement October 15, 2019. Commission for OJP funding that it will comply with FOR FURTHER INFORMATION CONTACT: If the various crosscutting regulatory and you have additional comments [F.C.S.C. Meeting and Hearing Notice No. statutory requirements that apply to OJP 05–19] especially on the estimated public grantees, and to set out in one easy-to- burden or associated response time, reference document those requirements Sunshine Act Meeting suggestions, or need a copy of the that most frequently impact OJP proposed information collection grantees. The Foreign Claims Settlement instrument with instructions or (5) An estimate of the total number of Commission, pursuant to its regulations additional information, please contact respondents and the amount of time (45 CFR part 503.25) and the Maria Swineford, Office of Audit, estimated for an average respondent to Government in the Sunshine Act (5 Assessment, and Management, 810 7th respond: Total of 8,250 respondents U.S.C. 552b), hereby gives notice in Street NW, Washington, DC 20531. estimated, at 20 minutes each. regard to the scheduling of open (Phone: 202–514–2000.) (6) An estimate of the total public meetings as follows: SUPPLEMENTARY INFORMATION: This burden (in hours) associated with the TIME AND DATE: Thursday, August 22, process is conducted in accordance with collection: 2019, at 10:00 a.m. 5 CFR 1320.10. Written comments and The estimated total public burden PLACE: All meetings are held at the suggestions from the public and affected associated with this information is Foreign Claims Settlement Commission, agencies concerning the proposed 3,500.

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If additional information is required on the first day. Time allotted for each Statement Audit Process (on August 27); contact: Melody Braswell, Department presentation may be limited. Those and, (2) Permissive Transfers of Clearance Officer, United States desiring to make formal oral Uncashed Checks from ERISA Plans to Department of Justice, Justice presentations should notify the contact State Unclaimed Property Funds (on Management Division, Policy and person and submit a brief statement of August 28). The Advisory Council will Planning Staff, Two Constitution the general nature of the evidence or continue with discussions of its topics Square, 145 N Street NE, 3E.405A, arguments they wish to present, the on August 29. Descriptions of these Washington, DC 20530. names and addresses of proposed topics are available on the Advisory Dated: August 8, 2019. participants, and an indication of the Council page of the EBSA website, at approximate time requested to make https://www.dol.gov/agencies/ebsa/ Melody Braswell, their presentation on or before August about-ebsa/about-us/erisa-advisory- Department Clearance Officer for PRA, U.S. 30, 2019. council. Department of Justice. General Information: NIC welcomes Organizations or members of the [FR Doc. 2019–17308 Filed 8–12–19; 8:45 am] the attendance of the public at its public wishing to make a written BILLING CODE 4410–18–P advisory committee meetings and will submission may do so by sending 40 make every effort to accommodate copies on or before August 20, 2019, to persons with physical disabilities or Larry Good, Executive Secretary, ERISA DEPARTMENT OF JUSTICE special needs. If you require special Advisory Council, U.S. Department of National Institute of Corrections accommodations due to a disability, Labor, Suite N–5623, 200 Constitution please contact Susan Walters at least 7 Avenue NW, Washington, DC 20210. Advisory Board; Notice of Meeting days in advance of the meeting. Notice Submissions may be sent as email of this meeting is given under the attachments in word processing or pdf This notice announces a forthcoming Federal Advisory Committee Act (5 format transmitted to good.larry@ meeting of the National Institute of U.S.C. app. 2). dol.gov. It is requested that submissions Corrections (NIC) Advisory Board. The not be included in the body of the Shaina Vanek, meeting will be open to the public. email. Submissions deemed relevant by Name of the Committee: NIC Acting Director, National Institute of the Advisory Council and received on or Corrections. Advisory Board. before August 20 will be included in the General Function of the Committee: [FR Doc. 2019–17354 Filed 8–12–19; 8:45 am] record of the meeting and made To aid the National Institute of BILLING CODE 4410–36–P available through the EBSA Public Corrections in developing long-range Disclosure Room, along with witness plans, advise on program development, statements. Do not include any and recommend guidance to assist NIC’s DEPARTMENT OF LABOR personally identifiable information efforts in the areas of training, technical (such as name, address, or other contact Employee Benefits Security assistance, information services, and information) or confidential business Administration policy/program development assistance information that you do not want to Federal, state, and local corrections 197th Meeting of the Advisory Council publicly disclosed. agencies. on Employee Welfare and Pension Individuals or representatives of Date and Time: 8 a.m.–4:30 p.m. on Benefit Plans; Notice of Meeting organizations wishing to address the Thursday, September 5, 2019; 8 a.m.–11 Advisory Council should forward their a.m. on Friday, September 6, 2019. Pursuant to the authority contained in requests to the Executive Secretary or Location: 901 D Street SW, Section 512 of the Employee Retirement telephone (202) 693–8668. Oral Washington, DC 20024, (202) 514–4202. Income Security Act of 1974 (ERISA), 29 presentations will be limited to 10 Contact Person: Susan Walters, U.S.C. 1142, the 197th meeting of the minutes, time permitting, but an Executive Assistant, National Institute Advisory Council on Employee Welfare extended statement may be submitted of Corrections, 320 First Street NW, and Pension Benefit Plans (also known for the record. Individuals with Room 901–3rd Floor, Washington, DC as the ERISA Advisory Council) will be disabilities who need special 20534. To contact Ms. Walters, please held on August 27–29, 2019. accommodations should contact the call (202) 598–6780. The three-day meeting will take place Executive Secretary by August 20. Agenda: Over the course of the at the U.S. Department of Labor, 200 Signed at Washington, DC, this 6th day of meeting, the Advisory Board will Constitution Avenue NW, Washington, August, 2019. discuss the following topics: (1) Agency DC 20210 in N5437 A–C. The meeting Preston Rutledge, Update from the NIC Acting Director, (2) will run from 1:00 p.m. to Assistant Secretary, Employee Benefits review of training and technical approximately 5:30 p.m. on August 27, Security Administration. assistance delivery for FY19, (3) from 9:00 a.m. to approximately 5:30 [FR Doc. 2019–17347 Filed 8–12–19; 8:45 am] briefings from NIC programmatic p.m. on August 28 with a one hour BILLING CODE 4510–29–P divisions, and (4) updates from partner break for lunch, and from 9:00 a.m. to agencies and associations. 11:00 a.m. on August 29. The purpose Procedure: On September 5 and 6, of the open meeting is for Advisory NATIONAL AERONAUTICS AND 2019, the meeting is open to the public. Council members to hear testimony SPACE ADMINISTRATION Interested persons may present data, from invited witnesses and to receive an information, or views, orally or in update from the Employee Benefits [Notice (19–044)] writing, on issues pending before the Security Administration (EBSA). The committee. Written submissions may be EBSA update is scheduled for the NASA Aerospace Safety Advisory made to the contact person on or before morning of August 29, subject to Panel; Meeting August 30, 2019. Oral presentations change. AGENCY: National Aeronautics and from the public will be scheduled The Advisory Council will study the Space Administration (NASA). between approximately 11:15 a.m. to following topics: (1) Beyond Plan Audit ACTION: Notice of meeting. 11:45 a.m. and 3:45 p.m. and 4:15 p.m. Compliance: Improving the Financial

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SUMMARY: In accordance with the affiliation information (name of concerning further support of the Federal Advisory Committee Act, the institution, address, country, NHMFL. National Aeronautics and Space telephone); and title/position of Agenda Administration announces a attendee. Additional information may forthcoming meeting of the Aerospace be requested. Permanent Residents Wednesday, September 4, 2019 Safety Advisory Panel. should provide this information: Green 1:15 p.m.–4:10 p.m. Open—Review of DATES: Friday, September 6, 2019, 11:30 card number and expiration date. the NHMFL a.m. to 12:45 p.m., Central Time. Persons with disabilities who require 4:10 p.m.–4:40 p.m. Closed—Executive ADDRESSES: NASA Johnson Space assistance should indicate this. Session Center, Building 1, Room 966, 2101 At the beginning of the meeting, 4:40 p.m.–6:00 p.m. Open—Review of NASA Parkway, Houston, TX 77058. members of the public may make a the NHMFL verbal presentation to the Panel on the FOR FURTHER INFORMATION CONTACT: Ms. subject of safety in NASA, not to exceed Thursday, September 5, 2019 Lisa M. Hackley, Aerospace Safety 5-minutes in length. To do so, members 8:15 a.m.–9:00 a.m. Open—Review of Advisory Panel Administrative Officer, of the public must contact Ms. Lisa M. the NHMFL NASA Headquarters, Washington, DC Hackley at [email protected] or 9:00 a.m.–5:00 p.m. Closed—Executive 20546, (202) 358–1947, or email at at (202) 358–1947 at least 48 hours in Session [email protected] . advance. Any member of the public is Friday, September 6, 2019 SUPPLEMENTARY INFORMATION: The permitted to file a written statement Aerospace Safety Advisory Panel with the Panel at the time of the 8:45 a.m.–11:30 a.m. Closed—Executive (ASAP) will hold its Fourth Quarterly meeting. Verbal presentations and Session Meeting for 2019. This discussion is written comments should be limited to 11:30 a.m.–12:00 p.m. Open—Review of pursuant to carrying out its statutory the subject of safety in NASA. It is the NHMFL duties for which the Panel reviews, imperative that the meeting be held on 12:00 p.m.–2:00 p.m. Closed—Executive identifies, evaluates, and advises on this date to accommodate the Session those program activities, systems, scheduling priorities of the key 2:00 p.m.–3:00 p.m. Open—Review of procedures, and management activities participants. the NHMFL that can contribute to program risk. Reason for Closing: The work being Priority is given to those programs that Patricia Rausch, reviewed during closed portions of the involve the safety of human flight. The Advisory Committee Management Officer, site visit include information of a agenda will include: National Aeronautics and Space proprietary or confidential nature, Administration. • Updates on International Space including technical information; [FR Doc. 2019–17355 Filed 8–12–19; 8:45 am] Station Program financial data, such as salaries and • Updates on the Commercial Crew BILLING CODE 7510–13–P personal information concerning Program individuals associated with the project. • Updates on Exploration Systems These matters are exempt under 5 Development Program NATIONAL SCIENCE FOUNDATION U.S.C. 552b(c), (4) and (6) of the • Human Lunar Exploration Program Government in the Sunshine Act. Proposal Review Panel for Materials The meeting will be open to the Research; Notice of Meeting Dated: August 8, 2019. public up to the seating capacity of the Crystal Robinson, room. Seating will be on a first-come In accordance with the Federal Committee Management Officer. basis. This meeting is also available Advisory Committee Act (Pub. L. 92– [FR Doc. 2019–17265 Filed 8–12–19; 8:45 am] telephonically. Any interested person 463, as amended), the National Science BILLING CODE 7555–01–P may call the USA toll free conference Foundation (NSF) announces the call number (888) 603–9748; pass code following meeting: 7339697. Attendees will be required to Name And Committee Code: Proposal NATIONAL SCIENCE FOUNDATION sign a visitor’s register and to comply Review Panel for Materials Research— with NASA security requirements, Site visit review of the National High Sunshine Act Meeting; National including the presentation of a valid Magnetic Field Laboratory (NHMFL) at Science Board picture ID, before receiving an access Florida State University, Tallahassee, FL badge. Any member of the public (#1203). The National Science Board, pursuant desiring to attend the ASAP 2019 Date and Time: September 4, 2019; to NSF regulations (45 CFR part 614), Fourth Quarterly Meeting at the Johnson 1:15 p.m.–6:00 p.m. the National Science Foundation Act, as Space Center must provide their full September 5, 2019; 8:15 a.m.–5:00 amended (42 U.S.C. 1862n–5), and the name and company affiliation (if p.m. Government in the Sunshine Act (5 applicable) to Ms. Stephanie Castillo at September 6, 2019; 8:45 a.m.–3:00 U.S.C. 552b), hereby gives notice of the [email protected] or by fax p.m. scheduling of a teleconference for the 281–483–2200 or telephone 281–483– Place: NHMFL—Florida State transaction of National Science Board 3341 by August 23, 2019. Foreign University, 1800 E Paul Dirac Dr., business, as follows: Nationals attending the meeting will be Tallahassee, FL 32310. TIME AND DATE: Closed teleconference of required to provide a copy of their Type of Meeting: Part-Open. the National Science Board, to be held passport and visa, in addition to Contact Person: Dr. Leonard Spinu, Thursday, August 15, 2019 at 9:15— providing the following information by Program Director, Division of Materials 10:00 a.m. EDT. August 16, 2019: Full name; gender; Research, National Science Foundation, PLACE: This meeting will be held by date/place of birth; citizenship; visa 2415 Eisenhower Avenue, Alexandria, teleconference at the National Science information (number, type, expiration VA 22314; Telephone: (703) 292–2665. Foundation, 2415 Eisenhower Avenue, date); passport information (number, Purpose Of Meeting: Site visit to Alexandria, VA 22314. country, expiration date); employer/ provide advice and recommendations STATUS: Closed.

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MATTERS TO BE CONSIDERED: NSB • Federal Rulemaking Website: Go to B. Submitting Comments Chair’s Opening Remarks; and https://www.regulations.gov and search Please include Docket ID NRC–2019– presentation and vote on 2021 Budget for Docket ID NRC–2019–0162. Address 0162, facility name, unit number(s), Submissions to the Office of questions about NRC dockets IDs in plant docket number, application date, Management and Budget for the Regulations.gov to Jennifer Borges; and subject in your comment National Science Foundation, the telephone: 301–287–9127; email: submission. National Science Board and the Office [email protected]. For technical The NRC cautions you not to include of the Inspector General. questions, contact the individual listed identifying or contact information that CONTACT PERSON FOR MORE INFORMATION: in the FOR FURTHER INFORMATION you do not want to be publicly Point of contact for this meeting is: Brad CONTACT section of this document. disclosed in your comment submission. Gutierrez, 2415 Eisenhower Avenue, • Mail comments to: Office of The NRC will post all comment Alexandria, VA 22314. Telephone: (703) Administration, Mail Stop: TWFN–7– submissions at https:// 292–7000. A60M, U.S. Nuclear Regulatory www.regulations.gov as well as enter the You may find meeting information Commission, Washington, DC 20555– comment submissions into ADAMS. and updates (time, place, subject matter 0001, ATTN: Program Management, The NRC does not routinely edit or status of meeting) at https:// Announcements and Editing Staff. comment submissions to remove www.nsf.gov/nsb/meetings/ For additional direction on obtaining identifying or contact information. notices.jsp#sunshine. information and submitting comments, If you are requesting or aggregating Chris Blair, see ‘‘Obtaining Information and comments from other persons for Executive Assistant to the National Science Submitting Comments’’ in the submission to the NRC, then you should Board Office. SUPPLEMENTARY INFORMATION section of inform those persons not to include [FR Doc. 2019–17452 Filed 8–9–19; 4:15 pm] this document. identifying or contact information that they do not want to be publicly BILLING CODE 7555–01–P FOR FURTHER INFORMATION CONTACT: Lynn Ronewicz, Office of Nuclear disclosed in their comment submission. Reactor Regulation, U.S. Nuclear Your request should state that the NRC does not routinely edit comment NUCLEAR REGULATORY Regulatory Commission, Washington DC submissions to remove such information COMMISSION 20555–0001; telephone: 301–415–1927, email: [email protected]. before making the comment [NRC–2019–0162] submissions available to the public or SUPPLEMENTARY INFORMATION: entering the comment into ADAMS. Biweekly Notice; Applications and I. Obtaining Information and Amendments to Facility Operating II. Background Submitting Comments Licenses and Combined Licenses Pursuant to Section 189a.(2) of the Involving No Significant Hazards A. Obtaining Information Atomic Energy Act of 1954, as amended Considerations Please refer to Docket ID NRC–2019– (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this AGENCY: Nuclear Regulatory 0162, facility name, unit number(s), regular biweekly notice. The Act Commission. plant docket number, application date, requires the Commission to publish ACTION: Biweekly notice. and subject when contacting the NRC about the availability of information for notice of any amendments issued, or SUMMARY: Pursuant to the Atomic this action. You may obtain publicly- proposed to be issued, and grants the Energy Act of 1954, as amended (the available information related to this Commission the authority to issue and Act), the U.S. Nuclear Regulatory action by any of the following methods: make immediately effective any Commission (NRC) is publishing this • amendment to an operating license or Federal Rulemaking Website: Go to combined license, as applicable, upon a regular biweekly notice. The Act https://www.regulations.gov and search requires the Commission to publish determination by the Commission that for Docket ID NRC–2019–0162. such amendment involves no significant notice of any amendments issued, or • NRC’s Agencywide Documents hazards consideration, notwithstanding proposed to be issued, and grants the Access and Management System Commission the authority to issue and the pendency before the Commission of (ADAMS): You may obtain publicly- a request for a hearing from any person. make immediately effective any available documents online in the amendment to an operating license or ADAMS Public Documents collection at III. Notice of Consideration of Issuance combined license, as applicable, upon a https://www.nrc.gov/reading-rm/ of Amendments to Facility Operating determination by the Commission that adams.html. To begin the search, select Licenses and Combined Licenses and such amendment involves no significant ‘‘Begin Web-based ADAMS Search.’’ For Proposed No Significant Hazards hazards consideration, notwithstanding problems with ADAMS, please contact Consideration Determination the pendency before the Commission of the NRC’s Public Document Room (PDR) The Commission has made a a request for a hearing from any person. reference staff at 1–800–397–4209, 301– This biweekly notice includes all proposed determination that the 415–4737, or by email to pdr.resource@ following amendment requests involve notices of amendments issued, or nrc.gov. The ADAMS accession number proposed to be issued, from July 16, no significant hazards consideration. for each document referenced (if it is Under the Commission’s regulations in 2019, to July 29, 2019. The last biweekly available in ADAMS) is provided the notice was published on July 30, 2019. § 50.92 of title 10 of the Code of Federal first time that it is mentioned in this Regulations (10 CFR), this means that DATES: Comments must be filed by document. operation of the facility in accordance September 12, 2019. A request for a • NRC’s PDR: You may examine and with the proposed amendment would hearing must be filed by October 15, purchase copies of public documents at not (1) involve a significant increase in 2019. the NRC’s PDR, Room O1–F21, One the probability or consequences of an ADDRESSES: You may submit comments White Flint North, 11555 Rockville accident previously evaluated; or (2) by any of the following methods: Pike, Rockville, Maryland 20852. create the possibility of a new or

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different kind of accident from any As required by 10 CFR 2.309(d) the Submissions (E-Filing)’’ section of this accident previously evaluated; or (3) petition should specifically explain the document. involve a significant reduction in a reasons why intervention should be If a hearing is requested, and the margin of safety. The basis for this permitted with particular reference to Commission has not made a final proposed determination for each the following general requirements for determination on the issue of no amendment request is shown below. standing: (1) The name, address, and significant hazards consideration, the The Commission is seeking public telephone number of the petitioner; (2) Commission will make a final comments on this proposed the nature of the petitioner’s right under determination on the issue of no determination. Any comments received the Act to be made a party to the significant hazards consideration. The within 30 days after the date of proceeding; (3) the nature and extent of final determination will serve to publication of this notice will be the petitioner’s property, financial, or establish when the hearing is held. If the considered in making any final other interest in the proceeding; and (4) final determination is that the determination. the possible effect of any decision or amendment request involves no Normally, the Commission will not order which may be entered in the significant hazards consideration, the issue the amendment until the proceeding on the petitioner’s interest. Commission may issue the amendment expiration of 60 days after the date of In accordance with 10 CFR 2.309(f), and make it immediately effective, publication of this notice. The the petition must also set forth the notwithstanding the request for a Commission may issue the license specific contentions which the hearing. Any hearing would take place amendment before expiration of the 60- petitioner seeks to have litigated in the after issuance of the amendment. If the day period provided that its final proceeding. Each contention must final determination is that the determination is that the amendment consist of a specific statement of the amendment request involves a involves no significant hazards issue of law or fact to be raised or significant hazards consideration, then consideration. In addition, the controverted. In addition, the petitioner any hearing held would take place Commission may issue the amendment must provide a brief explanation of the before the issuance of the amendment prior to the expiration of the 30-day bases for the contention and a concise unless the Commission finds an comment period if circumstances statement of the alleged facts or expert imminent danger to the health or safety change during the 30-day comment opinion which support the contention of the public, in which case it will issue period such that failure to act in a and on which the petitioner intends to an appropriate order or rule under 10 timely way would result, for example, rely in proving the contention at the CFR part 2. in derating or shutdown of the facility. A State, local governmental body, hearing. The petitioner must also If the Commission takes action prior to Federally-recognized Indian Tribe, or provide references to the specific the expiration of either the comment agency thereof, may submit a petition to sources and documents on which the period or the notice period, it will the Commission to participate as a party petitioner intends to rely to support its publish in the Federal Register a notice under 10 CFR 2.309(h)(1). The petition position on the issue. The petition must of issuance. If the Commission makes a should state the nature and extent of the final no significant hazards include sufficient information to show petitioner’s interest in the proceeding. consideration determination, any that a genuine dispute exists with the The petition should be submitted to the hearing will take place after issuance. applicant or licensee on a material issue Commission no later than 60 days from The Commission expects that the need of law or fact. Contentions must be the date of publication of this notice. to take this action will occur very limited to matters within the scope of The petition must be filed in accordance infrequently. the proceeding. The contention must be with the filing instructions in the one which, if proven, would entitle the ‘‘Electronic Submissions (E-Filing)’’ A. Opportunity To Request a Hearing petitioner to relief. A petitioner who section of this document, and should and Petition for Leave To Intervene fails to satisfy the requirements at 10 meet the requirements for petitions set Within 60 days after the date of CFR 2.309(f) with respect to at least one forth in this section, except that under publication of this notice, any persons contention will not be permitted to 10 CFR 2.309(h)(2) a State, local (petitioner) whose interest may be participate as a party. governmental body, or Federally- affected by this action may file a request Those permitted to intervene become recognized Indian Tribe, or agency for a hearing and petition for leave to parties to the proceeding, subject to any thereof does not need to address the intervene (petition) with respect to the limitations in the order granting leave to standing requirements in 10 CFR action. Petitions shall be filed in intervene. Parties have the opportunity 2.309(d) if the facility is located within accordance with the Commission’s to participate fully in the conduct of the its boundaries. Alternatively, a State, ‘‘Agency Rules of Practice and hearing with respect to resolution of local governmental body, Federally- Procedure’’ in 10 CFR part 2. Interested that party’s admitted contentions, recognized Indian Tribe, or agency persons should consult a current copy including the opportunity to present thereof may participate as a non-party of 10 CFR 2.309. The NRC’s regulations evidence, consistent with the NRC’s under 10 CFR 2.315(c). are accessible electronically from the regulations, policies, and procedures. If a hearing is granted, any person NRC Library on the NRC’s website at Petitions must be filed no later than who is not a party to the proceeding and https://www.nrc.gov/reading-rm/doc- 60 days from the date of publication of is not affiliated with or represented by collections/cfr/. Alternatively, a copy of this notice. Petitions and motions for a party may, at the discretion of the the regulations is available at the NRC’s leave to file new or amended presiding officer, be permitted to make Public Document Room, located at One contentions that are filed after the a limited appearance pursuant to the White Flint North, Room O1–F21, 11555 deadline will not be entertained absent provisions of 10 CFR 2.315(a). A person Rockville Pike (first floor), Rockville, a determination by the presiding officer making a limited appearance may make Maryland 20852. If a petition is filed, that the filing demonstrates good cause an oral or written statement of his or her the Commission or a presiding officer by satisfying the three factors in 10 CFR position on the issues but may not will rule on the petition and, if 2.309(c)(1)(i) through (iii). The petition otherwise participate in the proceeding. appropriate, a notice of a hearing will be must be filed in accordance with the A limited appearance may be made at issued. filing instructions in the ‘‘Electronic any session of the hearing or at any

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prehearing conference, subject to the adjudicatory documents. Submissions all other participants. Filing is limits and conditions as may be must be in Portable Document Format considered complete by first-class mail imposed by the presiding officer. Details (PDF). Additional guidance on PDF as of the time of deposit in the mail, or regarding the opportunity to make a submissions is available on the NRC’s by courier, express mail, or expedited limited appearance will be provided by public website at https://www.nrc.gov/ delivery service upon depositing the the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A document with the provider of the scheduled. filing is considered complete at the time service. A presiding officer, having the document is submitted through the granted an exemption request from B. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant All documents filed in NRC electronic filing must be submitted to or party to use E-Filing if the presiding adjudicatory proceedings, including a the E-Filing system no later than 11:59 officer subsequently determines that the request for hearing and petition for p.m. Eastern Time on the due date. reason for granting the exemption from leave to intervene (petition), any motion Upon receipt of a transmission, the E- use of E-Filing no longer exists. or other document filed in the Filing system time-stamps the document Documents submitted in adjudicatory proceeding prior to the submission of a and sends the submitter an email notice proceedings will appear in the NRC’s request for hearing or petition to confirming receipt of the document. The electronic hearing docket which is intervene, and documents filed by E-Filing system also distributes an email available to the public at https:// interested governmental entities that notice that provides access to the adams.nrc.gov/ehd, unless excluded request to participate under 10 CFR document to the NRC’s Office of the pursuant to an order of the Commission 2.315(c), must be filed in accordance General Counsel and any others who or the presiding officer. If you do not with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary have an NRC-issued digital ID certificate 49139; August 28, 2007, as amended at that they wish to participate in the as described above, click ‘‘Cancel’’ 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not when the link requests certificates and Filing process requires participants to serve the document on those you will be automatically directed to the submit and serve all adjudicatory participants separately. Therefore, NRC’s electronic hearing dockets where documents over the internet, or in some applicants and other participants (or you will be able to access any publicly- cases to mail copies on electronic their counsel or representative) must available documents in a particular storage media. Detailed guidance on apply for and receive a digital ID hearing docket. Participants are making electronic submissions may be certificate before adjudicatory requested not to include personal found in the Guidance for Electronic documents are filed so that they can privacy information, such as social Submissions to the NRC and on the NRC obtain access to the documents via the security numbers, home addresses, or website at https://www.nrc.gov/site- E-Filing system. personal phone numbers in their filings, help/e-submittals.html. Participants A person filing electronically using unless an NRC regulation or other law may not submit paper copies of their the NRC’s adjudicatory E-Filing system requires submission of such filings unless they seek an exemption in may seek assistance by contacting the information. For example, in some accordance with the procedures NRC’s Electronic Filing Help Desk instances, individuals provide home described below. through the ‘‘Contact Us’’ link located addresses in order to demonstrate To comply with the procedural on the NRC’s public website at https:// proximity to a facility or site. With requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- respect to copyrighted works, except for days prior to the filing deadline, the submittals.html, by email to limited excerpts that serve the purpose participant should contact the Office of [email protected], or by a toll- of the adjudicatory filings and would the Secretary by email at free call at 1–866–672–7640. The NRC constitute a Fair Use application, [email protected], or by telephone Electronic Filing Help Desk is available participants are requested not to include at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern copyrighted materials in their identification (ID) certificate, which Time, Monday through Friday, submission. allows the participant (or its counsel or excluding government holidays. For further details with respect to representative) to digitally sign Participants who believe that they these license amendment application(s), submissions and access the E-Filing have a good cause for not submitting see the application for amendment system for any proceeding in which it documents electronically must file an which is available for public inspection is participating; and (2) advise the exemption request, in accordance with in ADAMS and at the NRC’s PDR. For Secretary that the participant will be 10 CFR 2.302(g), with their initial paper additional direction on accessing submitting a petition or other filing stating why there is good cause for information related to this document, adjudicatory document (even in not filing electronically and requesting see the ‘‘Obtaining Information and instances in which the participant, or its authorization to continue to submit Submitting Comments’’ section of this counsel or representative, already holds documents in paper format. Such filings document. an NRC-issued digital ID certificate). must be submitted by: (1) First class Based upon this information, the mail addressed to the Office of the Exelon Generation Company, LLC and Secretary will establish an electronic Secretary of the Commission, U.S. PSEG Nuclear LLC, Docket Nos. 50–277 docket for the hearing in this proceeding Nuclear Regulatory Commission, and 50–278, Peach Bottom Atomic if the Secretary has not already Washington, DC 20555–0001, Attention: Power Station (Peach Bottom), Units 2 established an electronic docket. Rulemaking and Adjudications Staff; or and 3, York and Lancaster Counties, Information about applying for a (2) courier, express mail, or expedited Pennsylvania digital ID certificate is available on the delivery service to the Office of the Date of amendment request: June 7, NRC’s public website at https:// Secretary, 11555 Rockville Pike, 2019. A publicly-available version is in www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: ADAMS under Accession No. getting-started.html. Once a participant Rulemaking and Adjudications Staff. ML19158A312. has obtained a digital ID certificate and Participants filing adjudicatory Description of amendment request: a docket has been created, the documents in this manner are The amendments would revise the participant can then submit responsible for serving the document on Peach Bottom Technical Specifications

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(TS) Limiting Condition for Operation is not an initiator to any accident sequence licensee has provided its analysis of the (LCO) 3.8.4, ‘‘DC Sources—Operating,’’ analyzed in the UFSAR. The DC electrical issue of no significant hazards to add an additional LCO for the power system provides power to equipment consideration, which is presented opposite unit’s inoperable battery used to mitigate an accident. below: The proposed changes do not require any charger condition. The proposed plant modifications which affect the 1. Does the proposed change involve a changes are required to address performance capability of the structures, significant increase in the probability of simultaneous conflicting LCO Required systems and components relied upon to occurrence or consequences of an accident Action Completion Times of 72 hours mitigate the consequences of postulated previously evaluated? for one unit and 12 hours for the other accidents; therefore, it does not create the Response: No. unit for a single inoperable battery possibility of a new or different accident The proposed TS change involves deletion charger on one unit. previously evaluated. of an SR [surveillance requirement]. The SR to be deleted verifies the availability of the Basis for proposed no significant Therefore, the proposed changes do not create the possibility of a new or different DGs in a configuration that will no longer be hazards consideration determination: possible. Neither the DGs nor the associated As required by 10 CFR 50.91(a), the kind of accident from any accident previously evaluated. SR are accident initiators. The safety function licensee has provided its analysis of the 3. Does the proposed change involve a of the DGs is to mitigate the consequences of issue of no significant hazards significant reduction in a margin of safety? an accident. The availability or unavailability consideration, which is presented Response: No. of the DGs does not affect the likelihood that below, with NRC staff edits shown in The margin of safety is established through the accident they are designed to mitigate square brackets: equipment design, operating parameters, and will occur. The presence or absence of the SR does no cause or prevent an accident from the setpoints at which automatic actions are 1. Does the proposed change involve a occurring. Therefore the probability of a initiated. The proposed changes will not significant increase in the probability or previously evaluated accident will not be adversely affect operation of plant consequences of an accident previously significantly increased. equipment. The proposed changes will not evaluated? The DGs are designed to mitigate the Response: No. result in a change to the setpoints at which consequences of a previously evaluated The proposed changes clarify Required protective actions are initiated. Sufficient DC accident. The function of the SR to be deleted Actions and Completion Times for both Units power and capacity to support operation of is solely to assure the availability of the DG when a battery charger is inoperable on one mitigation equipment is ensured. The DC when connected to its load test resistor bank. Unit. The DC [direct current] electrical power electrical power subsystems will continue to That configuration will no longer occur. The system, including associated battery chargers, provide adequate power to safety related test conditions that will occur are addressed is not an initiator of any accident sequence equipment in accordance with safety analysis by another SR that is not affected by the analyzed in the Updated Final Safety assumptions. proposed change. The unaffected SR will Analysis Report (UFSAR). Operation in Therefore, the proposed changes do not continue to provide assurance that the accordance with the proposed TS ensures involve a significant reduction in a margin of availability of the DG to mitigate the that the DC electrical power system is safety. previously evaluated accident is not capable of performing its function as The NRC staff has reviewed the compromised when the DG is connected to described in the UFSAR. Therefore, the licensee’s analysis and, based on this the bus used for testing. Other systems, mitigative functions supported by the DC review, it appears that the three structures, and components required for the electrical power system will continue to mitigation of an accident are unaffected by provide the protection assumed by the standards of 10 CFR 50.92(c) are the proposed change. analysis, and the probability of previously satisfied. Therefore, the NRC staff Therefore, the proposed amendment does analyzed accidents will not increase by proposes to determine that the not involve a significant increase in the implementing these changes. The proposed amendment request involves no probability or consequences of an accident changes permit both Units to implement significant hazards consideration. previously evaluated. TSTF–500 [Technical Specifications Task Attorney for licensee: Tamra Domeyer, 2. Does the proposed change create the Force], ‘‘DC Electrical Rewrite-Update to Associate General Counsel, Exelon possibility of a new or different kind of TSTF–360,’’ as fully intended. Generation Company, LLC, 4300 accident from any accident previously The integrity of fission product barriers, Winfield Rd., Warrenville, IL 60555. evaluated? plant configuration, and operating Response: No. procedures as described in the UFSAR will NRC Branch Chief: James G. Danna. No new accident scenarios, failure not be affected by the proposed changes. Indiana Michigan Power Company, mechanisms, or single failures will be Therefore, the consequences of previously Docket Nos. 50–315 and 50–316, Donald introduced as a result of the proposed change analyzed accidents will not increase by C. Cook Nuclear Plant, Units 1 and 2, to delete an SR. The proposed SR deletion implementing these changes. will have no adverse effects on any safety- The proposed changes do not require any Berrien County, Michigan related systems or components and will not plant modifications which affect the Date of amendment request: June 27, challenge the performance or integrity of any performance capability of the structures, 2019. A publicly-available version is in safety-related system. There will be no systems and components relied upon to ADAMS under Accession No. changes to the methods by which any safety- mitigate the consequences of postulated ML19184A070. related plant system performs its safety accidents; therefore, there is no impact to the Description of amendment request: function. The DG testing using grid and plant probability or consequences of an accident component loads does not involve operation previously evaluated. The proposed amendments would of any structure, system, or component Therefore, the proposed changes do not modify technical specification (TS) outside its established design boundaries. involve a significant increase in the requirements in TS 3.8.1, ‘‘AC The proposed deletion of an SR will not probability or consequences of an accident Sources—Operating.’’ The proposed involve a change in plant operational previously evaluated. amendments would remove the TS parameter. 2. Does the proposed change create the requirements related to the diesel Therefore, the proposed amendment does possibility of a new or different kind of generator (DG) load test resistor banks not create the possibility of a new or different accident from any accident previously because the load test resistor banks are kind of accident from any accident evaluated? previously evaluated. Response: No. no longer operational or needed for DG 3. Does the proposed change involve a The proposed changes involve testing. significant reduction in a margin of safety? restructuring the TS for the DC electrical Basis for proposed no significant Response: No. power system. The DC electrical power hazards consideration determination: The margin of safety applicable to the system, including associated battery chargers, As required by 10 CFR 50.91(a), the proposed change is the amount by which the

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DGs exceed the minimum capability required accident (FHA) in the fuel handling building ADAMS under Accession No. for them to adequately mitigate the (FHB) are not altered by this change. The ML19170A070. consequences of an accident. The capability proposed changes conform to NRC regulatory Description of amendment request: of the DGs to adequately mitigate the guidance regarding the content of plant TS, consequences of an accident will be as identified in 10 CFR 50.36, NUREG–1431, The amendment would adopt Technical unaffected by the proposed SR deletion. and the NRC Final Policy Statement on Specifications Task Force (TSTF) Assurance of that capability will continue to Technical Specifications Improvements for Traveler TSTF–563, ‘‘Revise Instrument be verified by SR 3.8.1.21, and the other DG Nuclear Power Reactors in 58 FR 39132. Testing Definitions to Incorporate the related SRs. Therefore, these proposed changes do not Surveillance Frequency Control Therefore, the proposed amendment does involve a significant increase in the Program.’’ TSTF–563 revises the not involve a significant reduction in a probability or consequences of an accident Technical Specification (TS) definitions margin of safety. previously evaluated. 2. Does the proposed change create the of Channel Calibration and Channel The NRC staff has reviewed the possibility of a new or different kind of Functional Test. licensee’s analysis and, based on this accident from any previously evaluated? Basis for proposed no significant review, it appears that the three Response: No. hazards consideration determination: standards of 10 CFR 50.92(c) are The proposed change to the TS would As required by 10 CFR 50.91(a), the satisfied. Therefore, the NRC staff relocate the decay time and FHAVS licensee has provided its analysis of the requirements to the Salem TRM. The proposes to determine that the proposed change does not involve a issue of no significant hazards amendment requests involve no modification to the physical configuration of consideration, which is presented significant hazards consideration. the plant or change in the methods governing below: Attorney for licensee: Robert B. normal plant operation. The proposed 1. Does the proposed amendment involve Haemer, Senior Nuclear Counsel, One changes will not impose any new or different a significant increase in the probability or Cook Place, Bridgman, MI 49106. requirement or introduce a new accident consequences of an accident previously NRC Branch Chief: Lisa M. Regner. initiator, accident precursor, or malfunction evaluated? mechanism. Response: No. PSEG Nuclear LLC, and Exelon Therefore, the proposed change does not The proposed change revises the TS Generation Company, LLC, Docket Nos. create the possibility of a new or different definitions of Channel Calibration and 50–272 and 50–311, Salem Nuclear kind of accident from any accident Channel Functional Test to allow the Generating Station (Salem), Unit Nos. 1 previously evaluated. frequency for testing the components or 3. Do the proposed changes involve a devices in each step to be determined in and 2, Salem County, New Jersey significant reduction in a margin of safety? accordance with the TS Surveillance Response: No. Date of amendment request: June 28, Frequency Control Program. All components The proposed relocation of Technical 2019. A publicly-available version is in in the channel continue to be calibrated and ADAMS under Accession No. Specifications 3/4.9.3 and 3/4.9.12 to the Salem TRM does not alter the requirements tested. The frequency at which a channel is ML19179A073. for component operability or surveillance tested or calibrated is not an initiator of any Description of amendment request: currently in the Technical Specifications. accident previously evaluated, so the The amendments would relocate Salem, The proposed change to remove these probability of an accident is not affected by Unit Nos. 1 and 2 Technical requirements from the Technical the proposed change. The channels Specification (TS) 3/4.9.3, ‘‘Decay Specifications and relocate the information to surveilled in accordance with the affected an administratively controlled document definitions continue to be required to be Time,’’ and TS 3/4.9.12, ‘‘Fuel Handling operable and the acceptance criteria of the Area Ventilation,’’ to the Salem does not alter any assumptions in the Salem FHA analysis in the FHB. Future revisions to surveillances are unchanged. As a result, any Technical Requirements Manual (TRM). the TRM will be subject to review pursuant mitigating functions assumed in the accident Basis for proposed no significant to 10 CFR 50.59. analysis will continue to be performed. hazards consideration determination: The proposed amendment will not result Therefore, the proposed change does not As required by 10 CFR 50.91(a), the in a design basis or safety limit being involve a significant increase in the licensee has provided its analysis of the exceeded or altered. The assumptions of the probability or consequences of an accident issue of no significant hazards FHA are not altered by the proposed previously evaluated. consideration, which is presented amendment. 2. Does the proposed amendment create the possibility of a new or different kind of below: Therefore, since the proposed changes do not impact the response of the plant to a accident from any previously evaluated? 1. Does the proposed change involve a design basis accident, the proposed changes Response: No. significant increase in the probability or do not involve a significant reduction in a The proposed change revises the TS consequences of an accident previously margin of safety. definitions of Channel Calibration and evaluated? The NRC staff has reviewed the Channel Functional Test to allow the Response: No. frequency for testing the components or The proposed relocation of Technical licensee’s analysis and, based on this devices in each step to be determined in Specifications 3/4.9.3 and 3/4.9.12 to the review, it appears that the three accordance with the TS Surveillance Salem TRM does not alter the requirements standards of 10 CFR 50.92(c) are Frequency Control Program. All components for component operability or surveillance satisfied. Therefore, the NRC staff in the channel continue to be calibrated and currently in the Technical Specifications. proposes to determine that the tested. The design function or operation of The proposed change to remove these amendment request involves no the components involved are not affected and requirements from the Technical significant hazards consideration. there is no physical alteration of the plant Specifications and relocate the information to Attorney for licensee: Steven (i.e., no new or different type of equipment an administratively controlled document will Fleischer, PSEG Services Corporation, will be installed). No credible new failure have no impact on any safety related 80 Park Plaza, T–5, Newark, NJ 07102. mechanisms, malfunctions, or accident structure, system or component (SSC). initiators not considered in the design and The decay time and the Fuel Handling NRC Branch Chief: James G. Danna. licensing bases are introduced. The changes Area Ventilation System (FHAVS) are not PSEG Nuclear LLC, Docket No. 50–354, do not alter assumptions made in the safety initiators of any analyzed event in the Hope Creek Generating Station, Salem analysis. The proposed changes are Updated Final Safety Analysis Report County, New Jersey consistent with the safety analysis (UFSAR). The proposed changes do not alter assumptions. the design of the FHAVS or any other SSC. Date of amendment request: June 18, Therefore, the proposed change does not The consequences of the fuel handling 2019. A publicly-available version is in create the possibility of a new or different

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kind of accident from any previously licensee has provided its analysis of the satisfied. Therefore, the NRC staff evaluated. issue of no significant hazards proposes to determine that the 3. Does the proposed amendment involve consideration, which is presented amendment request involves no a significant reduction in a margin of safety? below: significant hazards consideration. Response: No. Attorney for licensee: Steven The proposed change revises the TS 1. Does the proposed change involve a definitions of Channel Calibration and significant increase in the probability or Fleischer, PSEG Services Corporation, Channel Functional Test to allow the consequences of an accident previously 80 Park Plaza, T–5, Newark, NJ 07102. frequency for testing the components or evaluated? NRC Branch Chief: James G. Danna. devices in each step to be determined in Response: No. The proposed amendment, which Tennessee Valley Authority, Docket accordance with the TS Surveillance Nos. 50–390 and 50–391, Watts Bar Frequency Control Program. All components eliminates two Chemistry technicians from in the channel continue to be calibrated and the Emergency Response Organization Nuclear Plant, Units 1 and 2, Rhea tested. The Surveillance Frequency Control minimum staffing, has no effect on normal County, Tennessee Program assures sufficient safety margins are plant operation or on any accident initiator Date of amendment request: June 7, or precursors and does not impact the maintained, and that design, operation, 2019. A publicly-available version is in surveillance methods, and acceptance criteria function of plant structures, systems, or components. The proposed changes do not ADAMS under Accession No. specified in applicable codes and standards ML19158A398. (or alternatives approved for use by the NRC) alter or prevent the ability of the Emergency Response Organization to perform their Description of amendment request: will continue to be met as described in the intended functions to mitigate the plants’ licensing basis. The proposed change The amendments would modify the consequences of an accident or event. does not adversely affect existing plant safety Watts Bar Nuclear Plant, Units 1 and 2, Therefore, the proposed change does not margins, or the reliability of the equipment Technical Specifications (TSs) by involve a significant increase in the assumed to operate in the safety analysis. As making several administrative changes. probability or consequences of an accident such, there are no changes being made to previously evaluated. These changes would include deletion safety analysis assumptions, safety limits, or 2. Does the proposed change create the of previously issued one-time TS limiting safety system settings that would possibility of a new or different kind of changes that have since expired, adversely affect plant safety as a result of the accident from any accident previously replacement of site area TS figures with proposed change. Margins of safety are evaluated? text descriptions, changes to selected unaffected by method of determining Response: No. Unit 2 TSs for consistency with Unit 1 surveillance test intervals under an NRC- The proposed amendment does not impact approved licensee-controlled program. TSs, and correction of the TS Table of any accident analysis. The change does not Contents to reflect previously issued Therefore, the proposed change does not involve a physical alteration of the plant (i.e., involve a significant reduction in a margin of no new or different type of equipment will amendments. safety. be installed), a change in the method of plant Basis for proposed no significant The NRC staff has reviewed the operation, or new operator actions. The hazards consideration determination: licensee’s analysis and, based on this proposed change does not introduce failure As required by 10 CFR 50.91(a), the review, it appears that the three modes that could result in a new accident, licensee has provided its analysis of the and the change does not alter assumptions issue of no significant hazards standards of 10 CFR 50.92(c) are made in the safety analysis. The proposed satisfied. Therefore, the NRC staff consideration, which is presented change revises the on-shift staffing in the below: proposes to determine that the PSEG Nuclear Emergency Plan. amendment request involves no Therefore, the proposed change does not 1. Does the proposed amendment involve significant hazards consideration. create the possibility of a new or different a significant increase in the probability or Attorney for licensee: Steven kind of accident from any accident consequence of an accident previously Fleischer, PSEG Services Corporation, previously evaluated. evaluated? Response: No. 80 Park Plaza, T–5, Newark, NJ 07102. 3. Does the proposed change involve a significant reduction in a margin of safety? The proposed changes are all NRC Branch Chief: James G. Danna. Response: No. administrative in nature. Administrative PSEG Nuclear LLC, Docket No. 50–354, Margin of safety is associated with changes such as this are not initiators of any confidence in the ability of the fission accident previously evaluated. As a result, Hope Creek Generating Station, Salem the probability of an accident previously County, New Jersey product barriers (i.e., fuel cladding, reactor coolant system pressure boundary, and evaluated is not affected. The consequences PSEG Nuclear LLC and Exelon containment structure) to limit the level of of an accident with the incorporation of these Generation Company, LLC, Docket Nos. radiation dose to the public. The proposed administrative changes are not different than 50–272 and 50–311, Salem Nuclear change is associated with the PSEG the consequences of the same accident without this change. As a result, the Generating Station, Unit Nos. 1 and 2, Emergency Plan staffing and does not impact operation of the plant or its response to consequences of an accident previously Salem County, New Jersey transients or accidents. The change does not evaluated are not affected by this change. Date of amendment request: July 8, affect the Technical Specifications. The Based on the above, it is concluded that the 2019. A publicly-available version is in proposed change does not involve a change proposed changes do not involve a in the method of plant operation and no significant increase in the probability or ADAMS under Accession No. consequences of an accident previously ML19189A316. accident analyses will be affected by the proposed change. Safety analysis acceptance evaluated. Description of amendment request: criteria are not affected by the proposed 2. Does the proposed amendment create The amendments would revise certain change. The revised PSEG Emergency Plan the possibility of a new or different kind of Emergency Response Organization will continue to provide the necessary accident from any accident previously (ERO) positions for the facilities listed response staff. evaluated? with the minimum staff ERO guidance Therefore, the proposed change does not Response: No. specified in the ‘‘Alternative Guidance involve a significant reduction in a margin of The proposed changes do not modify the safety. plant design, nor do the proposed changes for Licensee Emergency Response alter the operation of the plant or equipment Organizations.’’ The NRC staff has reviewed the involved in either routine plant operation or Basis for proposed no significant licensee’s analysis and, based on this in the mitigation of design basis accidents. hazards consideration determination: review, it appears that the three The proposed changes are administrative As required by 10 CFR 50.91(a), the standards of 10 CFR 50.92(c) are only.

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Based on the above, it is concluded that the The proposed change provides a 24-hour There are no hardware changes, nor are there proposed change does not create the CT for restoration of an inoperable RTB: RPS any changes in the method by which any possibility of a new or different kind of [Reactor Protection System] performance will safety related plant system performs its safety accident from any accident previously remain within the bounds of the previously function. The proposed change does not evaluated. performed accident analyses since no change affect the normal method of plant operation 3. Does the proposed amendment involve to reactor trip instrumentation or plant and does not result in physical alteration to a significant reduction in a margin of safety? hardware is being made. The RPS will any plant system. The proposed change does Response: No. continue to function in a manner consistent not include any changes to instrumentation The proposed changes are administrative with the plant design basis. setpoints or changes to accident analysis in nature. The changes do not alter the The proposed change does not modify any assumptions. No new accident scenarios, manner in which safety limits, limiting safety system interfaces and does not affect the transient precursors, failure mechanisms, or system settings, or limiting conditions for probability of any event initiators. There will limiting single failures are introduced as a operation are determined. The safety analysis be no degradation in the performance of, or result of this change. There will be no acceptance criteria are not affected by this an increase in the number of challenges adverse effects or challenges imposed on any change. The proposed changes will not result imposed on, safety-related equipment safety-related system as a result of the in plant operation in a configuration outside assumed to function during an accident proposed change. of the design basis. Therefore, the proposed situation. There is no change to normal plant Therefore, the proposed change does not changes do not involve a significant operating parameters or accident mitigation create the possibility of a new or different reduction in a margin of safety. performance. kind of accident from any previously The determination that the results of the evaluated. The NRC staff has reviewed the proposed change are acceptable was 3. Does the proposed change involve a licensee’s analysis and, based on this established in the NRC Safety Evaluation (SE) significant reduction in a margin of safety? review, it appears that the three prepared for WCAP–15376–P–A. Response: No. standards of 10 CFR 50.92(c) are Implementation of the proposed change will The proposed change provides a 24-hour result in an insignificant risk impact. CT for restoration of an inoperable RTB. The satisfied. Therefore, the NRC staff Applicability of these conclusions has been proposes to determine that the proposed change does not adversely affect verified through plant-specific reviews and any current plant safety margins or the amendment request involves no implementation of the generic analysis significant hazards consideration. reliability of equipment assumed in the results in accordance with the NRC SE safety analysis. There are no changes being Attorney for licensee: General conditions. made to any safety analysis assumptions, The proposed change to add the CT Counsel, Tennessee Valley Authority, safety limits, or limiting safety system reduces the potential for unnecessary entries 400 West Summit Hill Drive, 6A West settings that would adversely affect plant into TS action statements and resultant plant Tower, Knoxville, TN 37902. safety. Furthermore, as noted above, a transients and, therefore, does not increase supporting PRA was performed for the NRC Branch Chief: Undine Shoop. the probability of any accident previously proposed CT. The PRA concluded that the Virginia Electric and Power Company, evaluated. The proposed change does not alter the response of the plant to any increase in risk associated with the proposed Docket Nos. 50–280 and 50–281, Surry change is consistent with the RG 1.174 and Power Station (Surry), Unit Nos. 1 and accidents. The RPS instrumentation and RTBs will remain highly reliable, and the RG 1.177 acceptance guidelines for a 2, Surry County, Virginia proposed changes will not result in a permanent TS CT change. This PRA demonstrates that defense-in-depth will not Date of amendment request: May 15, significant increase to the risk of plant operation. The PRA [Probabilistic Risk be significantly impacted by allowing a 2019. A publicly-available version is in single RTB to be inoperable for up to 24 ADAMS under Accession No. Assessment] performed for the proposed CT change is based on justification presented in hours. ML19143A201. NRC approved WCAP–15376. The PRA Therefore, the proposed change does not Description of amendment request: concluded that the increase in risk associated involve a significant reduction in a margin of The amendments would revise Action with the proposed change is consistent with safety. 8.A associated with Item 18 in Surry the RG 1.174 [Regulatory Guide] and RG The NRC staff has reviewed the Power Station Technical Specifications 1.177 acceptance guidelines for a permanent licensee’s analysis and, based on this (TS) Table 3.7–1, ‘‘Reactor Trip TS CT change. The PRA demonstrates that review, it appears that the three defense-in-depth will not be significantly Instrument Operating Conditions,’’ for standards of 10 CFR 50.92(c) are one inoperable Reactor Trip Breaker impacted by allowing a single RTB to be inoperable for up to 24 hours. satisfied. Therefore, the NRC staff (RTB). The revised Action 8.A would A detailed review of PRA importance proposes to determine that the provide a completion time (CT) of 24 metrics (Risk Achievement Worth, amendment request involves no hours to restore an RTB to operable FussellVesely) from the Tier 1 PRA model significant hazards consideration. status in addition to the 6-hour Hot did not reveal any risk significant Attorney for licensee: Lillian M. Shutdown requirement. Implementation maintenance configurations when one RTB is Cuoco, Senior Counsel, Dominion of the 24-hour CT provides time to unavailable. To maintain appropriate Resources Services, Inc., 120 Tredegar perform maintenance activities on a measures of defense in depth, no St., RS–2, Richmond, VA 23219. single RTB during power operation maintenance will be planned on the AMSAC NRC Branch Chief: Michael T. while minimizing risk associated with [Mitigating System Actuation Circuitry] system while one RTB is inoperable. No Markley. the loss of compound function. additional enhancements, procedure IV. Previously Published Notices of Basis for proposed no significant revisions or compensatory actions are hazards consideration determination: Consideration of Issuance of recommended from the Tier 2 evaluation. Amendments to Facility Operating As required by 10 CFR 50.91(a), the Therefore, it is concluded that this change licensee has provided its analysis of the does not involve a significant increase in the Licenses and Combined Licenses, issue of no significant hazards probability or consequences of an accident Proposed No Significant Hazards consideration, which is presented previously evaluated. Consideration Determination, and below: 2. Does the proposed change create the Opportunity for a Hearing possibility of a new or different kind of The following notices were previously 1. Does the proposed change involve a accident from any accident previously significant increase in the probability or evaluated? published as separate individual consequences of an accident previously Response: No. notices. The notice content was the evaluated? The proposed change provides a 24-hour same as above. They were published as Response: No. CT for restoration of an inoperable RTB. individual notices either because time

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did not allow the Commission to wait and opportunity for a hearing in Operating Licenses and Technical for this biweekly notice or because the connection with these actions, was Specifications. action involved exigent circumstances. published in the Federal Register as Date of initial notice in Federal They are repeated here because the indicated. Register: January 31, 2019 (84 FR 811). Unless otherwise indicated, the biweekly notice lists all amendments The supplemental letter dated March 7, Commission has determined that these issued or proposed to be issued 2019, provided additional information amendments satisfy the criteria for involving no significant hazards that clarified the application, did not categorical exclusion in accordance consideration. expand the scope of the application as with 10 CFR 51.22. Therefore, pursuant For details, see the individual notice originally noticed, and did not change to 10 CFR 51.22(b), no environmental in the Federal Register on the day and the NRC staff’s original proposed no impact statement or environmental page cited. This notice does not extend significant hazards consideration assessment need be prepared for these the notice period of the original notice. determination as published in the amendments. If the Commission has Tennessee Valley Authority, Docket Federal Register. prepared an environmental assessment Nos. 50–259, 50–260, and 50–296, under the special circumstances The Commission’s related evaluation Browns Ferry Nuclear Plant (Browns provision in 10 CFR 51.22(b) and has of the amendment is contained in a Ferry), Units 1, 2 and 3, Limestone made a determination based on that Safety Evaluation dated July 17, 2019. County, Alabama assessment, it is so indicated. No significant hazards consideration Date of amendment request: July 3, For further details with respect to the comments received: No. 2019. A publicly-available version is in action see (1) the applications for Duke Energy Progress, LLC, Docket ADAMS under Accession No. amendment, (2) the amendment, and (3) No. 50–400, Shearon Harris Nuclear ML19184A633. the Commission’s related letter, Safety Power Plant, Unit 1, Wake and Chatham Brief description of amendment Evaluation and/or Environmental Counties, North Carolina request: The amendments would revise Assessment as indicated. All of these the Browns Ferry, Units 1, 2, and 3, items can be accessed as described in Date of amendment request: August Renewed Facility Operating Licenses by the ‘‘Obtaining Information and 13, 2018, as supplemented by letter changing license conditions associated Submitting Comments’’ section of this dated December 17, 2018. with the fire protection program document. Brief description of amendment: The controlled by 10 CFR 50.48(c), amendment revised the Emergency Plan ‘‘National Fire Protection Association Duke Energy Carolinas, LLC, Docket Nos. 50–269, 50–270, and 50–287, Emergency Action Level Scheme Standard NFPA 805.’’ The amendments associated with the fission product would extend the implementation due Oconee Nuclear Station, Units 1, 2, and 3, Oconee County, South Carolina barrier degradation Emergency Action dates for Modifications 102 and 106 Level thresholds and the cold listed in Item 2 under ‘‘Transition Date of amendment request: shutdown/refueling system malfunction License Conditions’’ in Browns Ferry, November 1, 2018, as supplemented by Emergency Action Level thresholds. Units 1, 2, and 3, Renewed Facility letter dated March 7, 2019. Operating Licenses to the end of Unit Brief description of amendments: The Date of issuance: July 18, 2019. 1’s Fall 2020 outage, and April 30, 2020, amendments revised the dose Effective date: As of the date of respectively. consequences for the facility, as issuance and shall be implemented Date of publication of individual described in the Updated Final Safety within 180 days. notice in Federal Register: July 11, Analysis Report, to provide fission gas Amendment No.: 173. A publicly- 2019 (84 FR 33094). gap release fractions for high-burnup available version is in ADAMS under Expiration date of individual notice: fuel rods that exceed the linear heat Accession No. ML19108A173; August 12, 2019 (public comments); generation rate limit detailed in documents related to this amendment September 9, 2019 (hearing requests). Regulatory Guide (RG) 1.183, are listed in the Safety Evaluation V. Notice of Issuance of Amendments to ‘‘Alternative Radiological Source Terms enclosed with the amendment. for Evaluating Design Basis Accidents at Facility Operating Licenses and Renewed Facility Operating License Combined Licenses Nuclear Power Reactors’’ (ADAMS Accession No. ML003716792), Table 3, No. NPF–63: The amendment revised During the period since publication of Footnote 11. The amendments allow a the Renewed Facility Operating License the last biweekly notice, the higher bounding rod power history and to authorize revision to the Emergency Commission has issued the following the removal of a restriction on the Plan. amendments. The Commission has number of rods per assembly that can Date of initial notice in Federal determined for each of these exceed the rod power burnup criteria of Register: November 6, 2018 (83 FR amendments that the application Footnote 11 in RG 1.183. 55571). The supplemental letter dated complies with the standards and Date of issuance: July 17, 2019. December 17, 2018, provided additional requirements of the Atomic Energy Act Effective date: As of the date of information that clarified the of 1954, as amended (the Act), and the issuance and shall be implemented application, did not expand the scope of Commission’s rules and regulations. within 120 days of issuance. the application as originally noticed, The Commission has made appropriate Amendment Nos.: 413 (Unit 1), 415 and did not change the NRC staff’s findings as required by the Act and the (Unit 2), and 414 (Unit 3). A publicly- original proposed no significant hazards Commission’s rules and regulations in available version is in ADAMS under consideration determination as 10 CFR chapter I, which are set forth in Accession No. ML19183A317; published in the Federal Register. the license amendment. documents related to these amendments A notice of consideration of issuance are listed in the Safety Evaluation The Commission’s related evaluation of amendment to facility operating enclosed with the amendments. of the amendment is contained in a license or combined license, as Facility Operating License Nos. DPR– Safety Evaluation dated July 18, 2019. applicable, proposed no significant 38, DPR–47 and DPR–55: The No significant hazards consideration hazards consideration determination, amendments revised the Facility comments received: No.

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Southern Nuclear Operating Company, to Meet an LCO [Limiting Condition for VI. Notice of Issuance of Amendments Docket Nos. 50–348 and 50–364, Joseph Operation].’’ Specifically, the to Facility Operating Licenses and M. Farley Nuclear Plant, Units 1 and 2, amendments revised Technical Combined Licenses and Final Houston County, Alabama Specification 3.8.7. Determination of No Significant Date of amendment request: Date of issuance: July 16, 2019. Hazards Consideration and Opportunity for a Hearing (Exigent November 29, 2018. Effective date: As of the date of Public Announcement or Emergency Brief description of amendments: The issuance and shall be implemented Circumstances) amendments changed Technical within 90 days of issuance. During the period since publication of Specifications (TSs) by revising certain Amendment Nos.: 273 (Unit 1) and the last biweekly notice, the TSs to remove the requirements for 255 (Unit 2). A publicly-available Commission has issued the following engineered safety feature systems to be version is in ADAMS under Accession amendments. The Commission has operable after sufficient radioactive No. ML19155A264; documents related determined for each of these decay of irradiated fuel has occurred to these amendments are listed in the amendments that the application for the following a plant shutdown; revising Safety Evaluation enclosed with the amendment complies with the certain TSs actions that are not needed amendments. to mitigate accidents postulated during standards and requirements of the shutdown; revising the licensing basis Renewed Facility Operating License Atomic Energy Act of 1954, as amended to Fuel Handling Accident analysis; Nos. NPF–14 and NPF–22: The (the Act), and the Commission’s rules partially adopting Standard Technical amendments revised the Renewed and regulations. The Commission has Specifications (STS) Change Traveler Facility Operating Licenses and made appropriate findings as required Technical Specifications Task Force Technical Specifications. by the Act and the Commission’s rules (TSTF)–51, ‘‘Revise containment Date of initial notice in Federal and regulations in 10 CFR chapter I, requirements during handling irradiated Register: May 7, 2019 (84 FR 19973). which are set forth in the license fuel and core alterations,’’ Revision 2; The Commission’s related evaluation amendment. and partially adopting STS Change of the amendments is contained in a Because of exigent or emergency Traveler TSTF–471, ‘‘Eliminate use of Safety Evaluation dated July 16, 2019. circumstances associated with the date term CORE ALTERATIONS in the amendment was needed, there was No significant hazards consideration ACTIONS and Notes,’’ Revision 1. not time for the Commission to publish, comments received: No. Date of issuance: July 16, 2019. for public comment before issuance, its Effective date: As of the date of Tennessee Valley Authority, Docket usual notice of consideration of issuance and shall be implemented Nos. 50–390 and 50–391, Watts Bar issuance of amendment, proposed no within 60 days of issuance. Nuclear Plant (Watts Bar), Units 1 and significant hazards consideration Amendment Nos.: 223 (Unit 1) and 2, Rhea County, Tennessee determination, and opportunity for a 220 (Unit 2). A publicly-available hearing. version is in ADAMS under Accession Date of amendment request: July 23, For exigent circumstances, the No. ML19071A138; documents related 2018. Commission has either issued a Federal to these amendments are listed in the Brief description of amendments: The Register notice providing opportunity Safety Evaluation enclosed with the amendments revised the Watts Bar, for public comment or has used local amendments. Units 1 and 2, Technical Specifications media to provide notice to the public in Renewed Facility Operating License 4.2.1, ‘‘Fuel Assemblies,’’ and 5.9.5, the area surrounding a licensee’s facility Nos. NPF–2 and NPF–8: The ‘‘Core Operating Limits Report (COLR),’’ of the licensee’s application and of the amendments revised the Renewed to allow the use of Optimized ZIRLOTM Commission’s proposed determination Facility Operating Licenses and TSs. fuel rod cladding material. of no significant hazards consideration. Date of initial notice in Federal Date of issuance: July 25, 2019. The Commission has provided a Register: January 30, 2019 (84 FR 495). reasonable opportunity for the public to The Commission’s related evaluation Effective date: As of the date of comment, using its best efforts to make of the amendments is contained in a issuance and shall be implemented available to the public means of Safety Evaluation dated July 16, 2019. within 30 days of issuance. communication for the public to No significant hazards consideration Amendment Nos.: 127 (Unit 1) and 30 respond quickly, and in the case of comments received: No. (Unit 2). A publicly-available version is telephone comments, the comments in ADAMS under Accession No. have been recorded or transcribed as Susquehanna Nuclear, LLC, Docket Nos. ML19112A004; documents related to appropriate and the licensee has been 50–387 and 50–388, Susquehanna these amendments are listed in the informed of the public comments. Steam Electric Station, Units 1 and 2, Safety Evaluation enclosed with the In circumstances where failure to act Luzerne County, Pennsylvania amendments. in a timely way would have resulted, for Date of amendment request: March Facility Operating License Nos. NPF– example, in derating or shutdown of a 28, 2019. 90 and NPF–96: The amendments nuclear power plant or in prevention of Brief description of amendments: The revised the Facility Operating Licenses either resumption of operation or of amendments revised the Susquehanna and Technical Specifications. increase in power output up to the Steam Electric Station, Units 1 and 2, plant’s licensed power level, the Date of initial notice in Federal Technical Specifications to eliminate Commission may not have had an Register: November 6, 2018 (83 FR second completion times from required opportunity to provide for public 55576). actions regarding the operation of comment on its no significant hazards alternating current sources in alignment The Commission’s related evaluation consideration determination. In such with Technical Specifications Task of the amendments is contained in a case, the license amendment has been Force Traveler (TSTF) 439, Revision 2, Safety Evaluation dated July 25, 2019. issued without opportunity for ‘‘Eliminate Second Completion Times No significant hazards consideration comment. If there has been some time Limiting Time from Discovery of Failure comments received: No. for public comment but less than 30

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days, the Commission may provide an electronically from the NRC Library on Petitions must be filed no later than opportunity for public comment. If the NRC’s website at https:// 60 days from the date of publication of comments have been requested, it is so www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for stated. In either event, the State has collections/cfr/. Alternatively, a copy of leave to file new or amended been consulted by telephone whenever the regulations is available at the NRC’s contentions that are filed after the possible. Public Document Room, located at One deadline will not be entertained absent Under its regulations, the Commission White Flint North, Room O1–F21, 11555 a determination by the presiding officer may issue and make an amendment Rockville Pike (first floor), Rockville, that the filing demonstrates good cause immediately effective, notwithstanding Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR the pendency before it of a request for the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition a hearing from any person, in advance will rule on the petition and, if must be filed in accordance with the of the holding and completion of any appropriate, a notice of a hearing will be filing instructions in the ‘‘Electronic required hearing, where it has issued. Submissions (E-Filing)’’ section of this determined that no significant hazards As required by 10 CFR 2.309(d) the document. consideration is involved. petition should specifically explain the If a hearing is requested, and the The Commission has applied the reasons why intervention should be Commission has not made a final standards of 10 CFR 50.92 and has made permitted with particular reference to determination on the issue of no a final determination that the the following general requirements for significant hazards consideration, the amendment involves no significant standing: (1) The name, address, and Commission will make a final hazards consideration. The basis for this telephone number of the petitioner; (2) determination on the issue of no determination is contained in the the nature of the petitioner’s right under significant hazards consideration. The documents related to this action. the Act to be made a party to the final determination will serve to Accordingly, the amendments have proceeding; (3) the nature and extent of establish when the hearing is held. If the been issued and made effective as the petitioner’s property, financial, or final determination is that the indicated. other interest in the proceeding; and (4) Unless otherwise indicated, the amendment request involves no the possible effect of any decision or significant hazards consideration, the Commission has determined that these order which may be entered in the amendments satisfy the criteria for Commission may issue the amendment proceeding on the petitioner’s interest. and make it immediately effective, categorical exclusion in accordance In accordance with 10 CFR 2.309(f), notwithstanding the request for a with 10 CFR 51.22. Therefore, pursuant the petition must also set forth the hearing. Any hearing would take place to 10 CFR 51.22(b), no environmental specific contentions which the after issuance of the amendment. If the impact statement or environmental petitioner seeks to have litigated in the assessment need be prepared for these proceeding. Each contention must final determination is that the amendments. If the Commission has consist of a specific statement of the amendment request involves a prepared an environmental assessment issue of law or fact to be raised or significant hazards consideration, then under the special circumstances controverted. In addition, the petitioner any hearing held would take place provision in 10 CFR 51.12(b) and has must provide a brief explanation of the before the issuance of the amendment made a determination based on that bases for the contention and a concise unless the Commission finds an assessment, it is so indicated. statement of the alleged facts or expert imminent danger to the health or safety For further details with respect to the opinion which support the contention of the public, in which case it will issue action see (1) the application for and on which the petitioner intends to an appropriate order or rule under 10 amendment, (2) the amendment to rely in proving the contention at the CFR part 2. Facility Operating License or Combined hearing. The petitioner must also A State, local governmental body, License, as applicable, and (3) the provide references to the specific Federally-recognized Indian Tribe, or Commission’s related letter, Safety sources and documents on which the agency thereof, may submit a petition to Evaluation and/or Environmental petitioner intends to rely to support its the Commission to participate as a party Assessment, as indicated. All of these position on the issue. The petition must under 10 CFR 2.309(h)(1). The petition items can be accessed as described in include sufficient information to show should state the nature and extent of the the ‘‘Obtaining Information and that a genuine dispute exists with the petitioner’s interest in the proceeding. Submitting Comments’’ section of this applicant or licensee on a material issue The petition should be submitted to the document. of law or fact. Contentions must be Commission no later than 60 days from limited to matters within the scope of the date of publication of this notice. A. Opportunity To Request a Hearing the proceeding. The contention must be The petition must be filed in accordance and Petition for Leave To Intervene one which, if proven, would entitle the with the filing instructions in the The Commission is also offering an petitioner to relief. A petitioner who ‘‘Electronic Submissions (E-Filing)’’ opportunity for a hearing with respect to fails to satisfy the requirements at 10 section of this document, and should the issuance of the amendment. Within CFR 2.309(f) with respect to at least one meet the requirements for petitions set 60 days after the date of publication of contention will not be permitted to forth in this section, except that under this notice, any persons (petitioner) participate as a party. 10 CFR 2.309(h)(2) a State, local whose interest may be affected by this Those permitted to intervene become governmental body, or Federally- action may file a request for a hearing parties to the proceeding, subject to any recognized Indian Tribe, or agency and petition for leave to intervene limitations in the order granting leave to thereof does not need to address the (petition) with respect to the action. intervene. Parties have the opportunity standing requirements in 10 CFR Petitions shall be filed in accordance to participate fully in the conduct of the 2.309(d) if the facility is located within with the Commission’s ‘‘Agency Rules hearing with respect to resolution of its boundaries. Alternatively, a State, of Practice and Procedure’’ in 10 CFR that party’s admitted contentions, local governmental body, Federally- part 2. Interested persons should including the opportunity to present recognized Indian Tribe, or agency consult a current copy of 10 CFR 2.309. evidence, consistent with the NRC’s thereof may participate as a non-party The NRC’s regulations are accessible regulations, policies, and procedures. under 10 CFR 2.315(c).

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If a hearing is granted, any person Based upon this information, the mail addressed to the Office of the who is not a party to the proceeding and Secretary will establish an electronic Secretary of the Commission, U.S. is not affiliated with or represented by docket for the hearing in this proceeding Nuclear Regulatory Commission, a party may, at the discretion of the if the Secretary has not already Washington, DC 20555–0001, Attention: presiding officer, be permitted to make established an electronic docket. Rulemaking and Adjudications Staff; or a limited appearance pursuant to the Information about applying for a (2) courier, express mail, or expedited provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the delivery service to the Office of the making a limited appearance may make NRC’s public website at https:// Secretary, 11555 Rockville Pike, an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: position on the issues but may not getting-started.html. Once a participant Rulemaking and Adjudications Staff. otherwise participate in the proceeding. has obtained a digital ID certificate and Participants filing adjudicatory A limited appearance may be made at a docket has been created, the documents in this manner are any session of the hearing or at any participant can then submit responsible for serving the document on prehearing conference, subject to the adjudicatory documents. Submissions all other participants. Filing is limits and conditions as may be must be in Portable Document Format considered complete by first-class mail imposed by the presiding officer. Details (PDF). Additional guidance on PDF as of the time of deposit in the mail, or regarding the opportunity to make a submissions is available on the NRC’s by courier, express mail, or expedited limited appearance will be provided by public website at https://www.nrc.gov/ delivery service upon depositing the the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A document with the provider of the scheduled. filing is considered complete at the time service. A presiding officer, having the document is submitted through the granted an exemption request from B. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant All documents filed in NRC electronic filing must be submitted to or party to use E-Filing if the presiding adjudicatory proceedings, including a the E-Filing system no later than 11:59 officer subsequently determines that the request for hearing and petition for p.m. Eastern Time on the due date. reason for granting the exemption from leave to intervene (petition), any motion Upon receipt of a transmission, the E- use of E-Filing no longer exists. or other document filed in the Filing system time-stamps the document Documents submitted in adjudicatory proceeding prior to the submission of a and sends the submitter an email notice proceedings will appear in the NRC’s request for hearing or petition to confirming receipt of the document. The electronic hearing docket which is intervene, and documents filed by E-Filing system also distributes an email available to the public at https:// interested governmental entities that notice that provides access to the adams.nrc.gov/ehd, unless excluded request to participate under 10 CFR document to the NRC’s Office of the pursuant to an order of the Commission 2.315(c), must be filed in accordance General Counsel and any others who or the presiding officer. If you do not with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary have an NRC-issued digital ID certificate 49139; August 28, 2007, as amended at that they wish to participate in the as described above, click ‘‘Cancel’’ 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not when the link requests certificates and Filing process requires participants to serve the document on those you will be automatically directed to the submit and serve all adjudicatory participants separately. Therefore, NRC’s electronic hearing dockets where documents over the internet, or in some applicants and other participants (or you will be able to access any publicly- cases to mail copies on electronic their counsel or representative) must available documents in a particular storage media. Detailed guidance on apply for and receive a digital ID hearing docket. Participants are making electronic submissions may be certificate before adjudicatory requested not to include personal found in the Guidance for Electronic documents are filed so that they can privacy information, such as social Submissions to the NRC and on the NRC obtain access to the documents via the security numbers, home addresses, or website at https://www.nrc.gov/site- E-Filing system. personal phone numbers in their filings, help/e-submittals.html. Participants A person filing electronically using unless an NRC regulation or other law may not submit paper copies of their the NRC’s adjudicatory E-Filing system requires submission of such filings unless they seek an exemption in may seek assistance by contacting the information. For example, in some accordance with the procedures NRC’s Electronic Filing Help Desk instances, individuals provide home described below. through the ‘‘Contact Us’’ link located addresses in order to demonstrate To comply with the procedural on the NRC’s public website at https:// proximity to a facility or site. With requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- respect to copyrighted works, except for days prior to the filing deadline, the submittals.html, by email to limited excerpts that serve the purpose participant should contact the Office of [email protected], or by a toll- of the adjudicatory filings and would the Secretary by email at free call at 1–866–672–7640. The NRC constitute a Fair Use application, [email protected], or by telephone Electronic Filing Help Desk is available participants are requested not to include at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern copyrighted materials in their identification (ID) certificate, which Time, Monday through Friday, submission. allows the participant (or its counsel or excluding government holidays. representative) to digitally sign Participants who believe that they Florida Power & Light Company, et al., submissions and access the E-Filing have a good cause for not submitting Docket No. 50–335, St. Lucie Plant, Unit system for any proceeding in which it documents electronically must file an No. 1, St. Lucie County, Florida is participating; and (2) advise the exemption request, in accordance with Date of amendment request: July 19, Secretary that the participant will be 10 CFR 2.302(g), with their initial paper 2019, as supplemented by letters dated submitting a petition or other filing stating why there is good cause for July 24, 2019, and July 25, 2019. adjudicatory document (even in not filing electronically and requesting Description of amendment request: instances in which the participant, or its authorization to continue to submit The amendment modified Technical counsel or representative, already holds documents in paper format. Such filings Specification 3/4.8.1, ‘‘A.C. [Alternating an NRC-issued digital ID certificate). must be submitted by: (1) First class Current] Sources,’’ Action b, to allow for

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a one-time extension of the allowed Specification Table 3.3.3–1, ‘‘Post NUCLEAR REGULATORY outage time for an emergency diesel Accident Monitoring Instrumentation,’’ COMMISSION generator from 14 days to 30 days. Function 15c, to permit the reactor [NRC–2019–0001] Date of issuance: July 26, 2019. vessel level instrumentation system Effective date: As of the date of (RVLIS) upper range level channels to Sunshine Act Meetings issuance and shall be implemented not be operable for the remainder of immediately. Operating Cycle 23 under certain TIME AND DATE: Weeks of August 12, 19, Amendment No.: 248. A publicly- compensatory actions. Sequoyah, Unit 26, September 2, 9, 16, 2019. available version is in ADAMS under 2, is scheduled to start the Cycle 23 PLACE: Commissioners’ Conference Accession No. ML19203A166; refueling outage in Spring 2020. Room, 11555 Rockville Pike, Rockville, documents related to this amendment The licensee also added License Maryland. are listed in the Safety Evaluation Condition 2.C.(26) to the Renewed STATUS: Public and Closed. enclosed with the amendment. Facility Operating License to implement Renewed Facility Operating License the compensatory measures described in MATTERS TO BE CONSIDERED: No. DPR–67: The amendment revised Section 3.8, ‘‘Additional Compensatory Week of August 12, 2019 the Renewed Facility Operating License Measures,’’ of the enclosure during the and Technical Specifications. timeframe the RVLIS upper range level Wednesday, August 14, 2019 Public comments requested as to channels are not required to be operable 9:00 a.m. Hearing on Early Site Permit proposed no significant hazards for the remainder of Cycle 23. If the for the Clinch River Nuclear Site: consideration (NSHC): Yes. The notice RVLIS upper range level channels are Section 189a. of the Atomic Energy appeared on July 23, 2019, and July 24, returned to operable status prior to the Act Proceeding (Public Meeting). 2019, in the Treasure Coast end of Cycle 23, then these (Contact: Mallecia Sutton: 301–415– Newspapers, St. Lucie County, Florida. compensatory measures will no longer 0673) The notice provided an opportunity to be required. This hearing will be webcast live at submit comments on the Commission’s Date of issuance: July 18, 2019. the Web address—http://www.nrc.gov/. proposed NSHC determination. No Effective date: As of the date of comments were received. issuance and shall be implemented Week of August 19, 2019—Tentative By letter dated July 24, 2019, the immediately. There are no meetings scheduled for licensee supplemented its license Amendment No.: 338. A publicly- the week of August 19, 2019. amendment request dated July 19, 2019, available version is in ADAMS under to request the deferral of certain Accession No. ML19196A221; Week of August 26, 2019—Tentative surveillance requirements on the documents related to this amendment There are no meetings scheduled for remaining emergency diesel generators are listed in the Safety Evaluation the week of August 26, 2019. until after the completion of the enclosed with the amendment. proposed extended allowed outage time. Renewed Facility Operating License Week of September 9, 2019—Tentative By letter dated July 25, 2019, the DPR–79: The amendment revised the Monday, September 9, 2019 licensee withdrew its request to defer Renewed Facility Operating License and 10:00 a.m. NRC All Employees Meeting performance of the surveillance Technical Specifications. (Public Meeting). Marriott Bethesda requirements based on the current Public comments requested as to North Hotel, 5701 Marinelli Road, repair schedule for the inoperable proposed no significant hazards Rockville, MD 20852 emergency diesel generator. The consideration (NSHC): Yes. The notice licensee stated that its July 25, 2019, appeared on July 17, 2019, in the Tuesday, September 10, 2019 letter replaced the July 24, 2019, letter Chattanooga Times Free Press, 10:00 a.m. Briefing on NRC in its entirety. As a result, the NRC staff Hamilton County, Tennessee. The only reviewed the changes requested in International Activities (Closed— notice provided an opportunity to Ex. 1 & 9) the licensee’s July 19, 2019, request, as submit comments on the Commission’s supplemented by the licensee’s letter proposed NSHC determination. No Week of September 16, 2019—Tentative dated July 25, 2019. comments have been received. There are no meetings scheduled for The Commission’s related evaluation The Commission’s related evaluation the week of September 16, 2019. of the amendment, finding of exigent of the amendment, finding of exigent CONTACT PERSON FOR MORE INFORMATION: circumstances, State consultation, and circumstances, State consultation, and For more information or to verify the final NSHC determination are contained final NSHC determination are contained status of meetings, contact Denise in a Safety Evaluation dated July 26, in a Safety Evaluation dated July 18, McGovern at 301–415–0681 or via email 2019. 2019. at [email protected]. The Attorney for licensee: Debbie Hendell, Attorney for licensee: General schedule for Commission meetings is Managing Attorney—Nuclear, Florida Counsel, Tennessee Valley Authority, subject to change on short notice. Power & Light, 700 Universe Blvd., MS 400 West Summit Hill Drive, 6A West The NRC Commission Meeting LAW/JB, Juno Beach, FL 33408–0420. Tower, Knoxville, TN 37902. Schedule can be found on the internet NRC Branch Chief: Undine Shoop. NRC Branch Chief: Undine Shoop. at: http://www.nrc.gov/public-involve/ Tennessee Valley Authority, Docket No. Dated at Rockville, Maryland, this 6th day public-meetings/schedule.html. 50–328, Sequoyah Nuclear Plant of August, 2019. The NRC provides reasonable (Sequoyah), Unit 2, Hamilton County, For the Nuclear Regulatory Commission. accommodation to individuals with Tennessee Blake D. Welling, disabilities where appropriate. If you Date of amendment request: July 14, Deputy Director, Division of Operating need a reasonable accommodation to 2019. Reactor Licensing, Office of Nuclear Reactor participate in these public meetings or Description of amendment: The Regulation. need this meeting notice or the amendment approved a one-time change [FR Doc. 2019–17160 Filed 8–12–19; 8:45 am] transcript or other information from the to Sequoyah, Unit 2, Technical BILLING CODE 7590–01–P public meetings in another format (e.g.,

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braille, large print), please notify NRC staff’s evaluation of training and 4. Persons who require special Kimberly Meyer-Chambers, NRC experience requirements for services, such as those for the hearing Disability Program Manager, at 301– radiopharmaceuticals requiring a impaired, should notify Ms. Jamerson of 287–0739, by videophone at 240–428– written directive; and (9) a discussion their planned attendance. 3217, or by email at Kimberly.Meyer- on the U.S. Pharmacopeia General This meeting will be held in [email protected]. Determinations on Chapter <825>. The agenda is subject to accordance with the Atomic Energy Act requests for reasonable accommodation change. The current agenda and any of 1954, as amended (primarily Section will be made on a case-by-case basis. updates will be available at http:// 161a); the Federal Advisory Committee Members of the public may request to www.nrc.gov/reading-rm/doc- Act (5 U.S.C. App); and the receive this information electronically. collections/acmui/meetings/2019.html Commission’s regulations in Title 10 of If you would like to be added to the or by emailing Ms. Kellee Jamerson at the Code of Federal Regulations, Part 7. distribution, please contact the Nuclear the contact information below. Dated at Rockville, Maryland, this 8th day Regulatory Commission, Office of the Purpose: Discuss issues related to 10 of August 2019. Secretary, Washington, DC 20555 (301– CFR part 35 Medical Use of Byproduct For the U.S. Nuclear Regulatory 415–1969), or by email at Material. Commission. [email protected] or Tyesha.Bush@ Date and Time for Open Sessions: Russell E. Chazell, nrc.gov. September 10, 2019, from 8:30 a.m. to The NRC is holding the meetings Federal Advisory Committee Management 2:45 p.m. and September 11, 2019, from Officer. under the authority of the Government 8:30 a.m. to 11:30 a.m. Eastern Standard [FR Doc. 2019–17267 Filed 8–12–19; 8:45 am] in the Sunshine Act, 5 U.S.C. 552b. Time (EST). BILLING CODE 7590–01–P Dated at Rockville, Maryland, this 8th day Date and Time for Closed Session: of August, 2019. September 10, 2019, from 7:30 a.m. to For the Nuclear Regulatory Commission. 8:30 a.m. and 2:45 p.m. to 5:00 p.m. EST. These sessions will be closed on OVERSEAS PRIVATE INVESTMENT Denise L. McGovern, CORPORATION Policy Coordinator, Office of the Secretary. September 10, 2019, for badging and enrollment of new members to the [FR Doc. 2019–17378 Filed 8–9–19; 11:15 am] Sunshine Notice—September 4, 2019 ACMUI and for required annual BILLING CODE 7590–01–P Public Hearing training, respectively. Address for Public Meeting: U.S. TIME AND DATE: 1:00 p.m., Wednesday, NUCLEAR REGULATORY Nuclear Regulatory Commission, Two September 4, 2019. White Flint North Building, Room T– COMMISSION PLACE: Offices of the Corporation, 2D30, 11545 Rockville Pike, Rockville, Twelfth Floor Board Room, 1100 New Maryland 20852. Advisory Committee on the Medical York Avenue NW, Washington, DC. Uses of Isotopes: Meeting Notice Public Participation: Any member of the public who wishes to participate in STATUS: Hearing OPEN to the Public at AGENCY: U.S. Nuclear Regulatory the meeting in person or via phone 1:00 pm. Commission. should contact Ms. Jamerson using the MATTERS TO BE CONSIDERED: This will be ACTION: Notice of meeting. information below. The meeting will a Public Hearing, held in conjunction also be webcast live at https:// with each meeting of OPIC’s Board of The U.S. Nuclear Regulatory video.nrc.gov/. Directors, to afford an opportunity for Commission (NRC) will convene a Contact Information: Ms. Kellee any person to present views regarding meeting of the Advisory Committee on Jamerson, email: Kellee.Jamerson@ the activities of the Corporation. the Medical Uses of Isotopes (ACMUI) nrc.gov, telephone: (301) 415–7408. Individuals wishing to address the on September 10–11, 2019. A sample of hearing orally must provide advance agenda items to be discussed during the Conduct of the Meeting notice to OPIC’s Corporate Secretary no public session includes: (1) An update Christopher J. Palestro, M.D. will later than 5 p.m., Tuesday, August 27, on medical-related events; (2) a chair the meeting. Dr. Palestro will 2019. The notice must include the discussion of the ACMUI’s conduct the meeting in a manner that individual’s name, title, organization, recommendations and comments on the will facilitate the orderly conduct of address, and telephone number, and a ® draft Xcision GammaPod Licensing business. The following procedures concise summary of the subject matter Guidance; (3) a discussion on the status apply to public participation in the to be presented. of emerging technologies licensed under meeting: Oral presentations may not exceed ten Title 10 Code of Federal Regulations (10 1. Persons who wish to provide a (10) minutes. The time for individual CFR) Part 35.1000; (4) a discussion of written statement should submit an presentations may be reduced the ACMUI’s recommendations related electronic copy to Ms. Jamerson using proportionately, if necessary, to afford to the appropriateness of the required the contact information listed above. All all participants who have submitted a medical event reporting in accordance submittals must be received by timely request an opportunity to be with 10 CFR 35.3045; (5) a presentation September 5, 2019, three business days heard. from the National Nuclear Security before the meeting, and must pertain to Participants wishing to submit a Administration on their initiative to the topics on the agenda for the meeting. written statement for the record must reduce the use of radioactive materials; 2. Questions and comments from submit a copy of such statement to (6) a discussion of the ACMUI’s members of the public will be permitted OPIC’s Corporate Secretary no later than recommendations for improving the during the meeting, at the discretion of 5 p.m. Tuesday, August 27, 2019. Such ACMUI’s institutional memory; (7) a the Chairman. statement must be typewritten, double discussion of the ACMUI’s 3. The draft transcript and meeting spaced, and may not exceed twenty-five recommendations and comments summary will be available on ACMUI’s (25) pages. regarding the NRC’s policy decision website http://www.nrc.gov/reading-rm/ Upon receipt of the required notice, related to infiltrations and medical doc-collections/acmui/meetings/ OPIC will prepare an agenda, which event reporting; (8) an update on the 2019.html on or about October 25, 2019. will be available at the hearing, that

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identifies speakers, the subject on which Commission extended the time period The Commission is publishing this each participant will speak, and the within which to approve the proposed notice to solicit comment on time allotted for each presentation. rule change, disapprove the proposed Amendment Nos. 1 and 2 from A written summary of the hearing will rule change, or institute proceedings to interested persons and to approve the be compiled, and such summary will be determine whether to approve or proposed rule change, as modified by made available, upon written request to disapprove the proposed rule change to Amendment Nos. 1 and 2 (hereinafter, OPIC’s Corporate Secretary, at the cost March 12, 2019.5 On March 11, 2019, ‘‘Proposed Rule Change’’), on an of reproduction. the Commission issued an order accelerated basis. Written summaries of the projects to instituting proceedings under Section I. Description of the Proposed Rule be presented at the September 11, 2019, 19(b)(2)(B) of the Act 6 to determine Change Board meeting will be posted on OPIC’s whether to approve or disapprove the website. proposed rule change (‘‘OIP’’).7 The Background CONTACT PERSON FOR MORE INFORMATION: Commission received additional DTC proposes to amend the Information on the hearing may be comments on the proposal in response procedures, set forth in the DTC 8 obtained from Catherine F. I. Andrade at to the OIP. On June 5, 2019, the Settlement Service Guide (‘‘Settlement (202) 336–8768, via facsimile at (202) Commission designated a longer period Guide’’),12 to allow DTC to provide 408–0297, or via email at for Commission action on the status information (‘‘Status [email protected]. proceedings to determine whether to Information’’) for institutional Dated: August 9, 2019. approve or disapprove the proposed transactions in eligible securities 9 Catherine F. I. Andrade, rule change. (‘‘Institutional Transactions’’) 13 to an On June 28, 2019, DTC filed OPIC Corporate Secretary. entity providing a matching service Amendment No. 1 to the proposed rule (‘‘Matching Utility’’),14 as described [FR Doc. 2019–17449 Filed 8–9–19; 4:15 pm] change to provide status information to BILLING CODE 3210–01–P below. a matching utility even if that matching In accordance with the Settlement utility did not submit a transaction to Guide, for a Matching Utility to 10 DTC. On August 5, 2019, DTC filed establish and maintain a connection SECURITIES AND EXCHANGE Amendment No. 2 to the proposed rule with DTC the Matching Utility must be COMMISSION change to delay the implementation able to balance with DTC in an [Release No. 34–86589; File No. SR–DTC– timeframe of the proposal to until DTC automated way 15 and communicate 11 2018–010] has submitted a subsequent fee filing. transactions to and from DTC with information required though mandated Self-Regulatory Organizations; The 5 Securities Exchange Act Release No. 84954 fields in order to provide DTC with data Depository Trust Company; Notice of (December 26, 2018), 84 FR 873 (January 31, 2019) (SR–TC–2018–010). necessary for it to be able to process a Filing Amendment Nos. 1 and 2, and 16 6 transaction. The submission of an Order Granting Accelerated Approval 15 U.S.C. 78s(b)(2)(B)(ii). 7 Securities Exchange Act Release No. 85288 of a Proposed Rule Change, as (March 11, 2019), 84 FR 9565 (March 15, 2019) (SR– 12 Each capitalized term not otherwise defined Modified by Amendment Nos. 1 and 2, DTC–2018–010). herein has its respective meaning as set forth in the To Amend the Settlement Guide 8 Letter from John F. Abel, Executive Director, Rules, By-Laws and Organization Certificate of The Procedures To Provide Status Settlement and Asset Services, Depository Trust Depository Trust Company (‘‘Rules’’), available at Information for Institutional and Clearing Corporation, dated July 1, 2019, to http://www.dtcc.com/legal/rules-and- Vanessa Countryman, Acting Secretary, procedures.aspx, and the Settlement Service Guide, Transactions to a Matching Utility Commission, available at https://www.sec.gov/ available at http://www.dtcc.com/∼/media/Files/ comments/sr-dtc-2018-010/srdtc2018010-5749578- Downloads/legal/service-guides/Settlement.pdf August 7, 2019. 186788.pdf (‘‘DTC Letter II’’); Letter from Mari- (‘‘Settlement Guide’’). On November 29, 2018, The Anne Pisarri, Pickard Djinis and Pisarri LLP, dated 13 DTC defines an Institutional Transaction as a Depository Trust Company (‘‘DTC’’), April 15, 2019, to Vanessa Countryman, Acting securities transaction between a broker-dealer and Secretary, Commission, available at https:// its institutional customer (e.g., sell-side firms, buy- filed with the Securities and Exchange www.sec.gov/comments/sr-dtc-2018-010/ side institutions, and custodians). Notice, supra Commission (‘‘Commission’’) a srdtc2018010-5364127-184089.pdf (‘‘SS&C Letter note 3, 83 FR at 63948. proposed rule change, pursuant to II’’); and Letter from Murray Pozmanter, Managing 14 A ‘‘matching service’’ is defined in the Section 19(b)(1) of the Securities Director, Head of Clearing Agency Services and Settlement Guide as an electronic service to match Exchange Act of 1934 (‘‘Act’’) 1 and Rule Global Operations, Depository Trust and Clearing trade information, centrally, between a broker- Corporation, dated March 26, 2019, to Brent J. 19b–4 thereunder,2 to allow DTC to dealer and its institutional customer. Fields, Secretary, Commission, available at https:// 15 For each Matching Utility interfacing with share status information with matching www.sec.gov/comments/sr-dtc-2018-010/ DTC, DTC requires the Matching Utility to deliver utilities (SR–DTC–2018–010). srdtc2018010-5224494-183708.pdf (‘‘DTC Letter I’’). a daily message on each business day shortly after The proposed rule change was 9 Securities Exchange Act Release No. 88037 noon from the Matching Utility with their accepted published for comment in the Federal (June 5, 2019), 84 FR 27172 (June 11, 2019) (SR– item counts of institutional delivery and ID Net DTC–2018–010). 3 transaction totals for transactions settling the Register on December 12, 2018. In 10 DTC submitted a courtesy copy of Amendment previous day. Settlement Guide, supra note 12 at response, the Commission received one No. 1 to the proposed rule change through the 35. DTC’s system will compare the totals from the comment letter on the proposed rule Commission’s electronic public comment letter Matching Utility to its accepted item counts. Id. If change.4 On December 26, 2018, the mechanism. Accordingly, Amendment No. 1 to the the totals match, an ‘‘acknowledged balance’’ proposed rule change has been publicly available balance file will be sent to the Matching Utility. Id. on the Commission’s website at https:// If the totals do not match, DTC will respond with 1 15 U.S.C. 78s(b)(1). www.sec.gov/comments/sr-dtc-2018-010/ the list of control numbers received from the 2 17 CFR 240.19b–4. srdtc2018010.htm since July 2, 2019. Matching Utility for transactions that settled on the 3 Securities Exchange Act Release No. 84751 11 DTC submitted a courtesy copy of Amendment previous day, along with their respective (December 7, 2018), 83 FR 63948 (December 12, No. 2 to the proposed rule change through the transaction types for the originating Matching 2018) (SR–DTC–2018–010) (‘‘Notice’’). Commission’s electronic public comment letter Utility to compare. Id. 4 Letter from Mari-Anne Pisarri, Pickard Djinis mechanism. Accordingly, Amendment No. 2 to the 16 Settlement Guide, supra note 12 at 35. The and Pisarri LLP, dated January 2, 2019, to Eduardo proposed rule change has been publicly available mandated fields for this purpose are the transaction A. Aleman, Assistant Secretary, Commission, on the Commission’s website at https:// control number (‘‘Control Number’’), DTC receiver available at https://www.sec.gov/comments/sr-dtc- www.sec.gov/comments/sr-dtc-2018-010/ and deliverer account numbers, CUSIP, message 2018-010/srdtc2018010-4842066-177179.pdf srdtc2018010-5914689-188969.pdf since August 6, type, share quantity, market type, buy-sell (‘‘SS&C Letter I’’). 2019. Continued

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Affirmed Transaction by the Matching to manage Exceptions for (i) Affirmed Proposed Changes to the Settlement Utility to DTC, on behalf of a Transactions and (ii) other Institutional Guide Participant, constitutes the duly Transactions that may have been Pursuant to the proposed rule change, authorized instruction of the Participant confirmed at a Matching Utility and DTC proposes to revise the Settlement to DTC to process the Affirmed received a Control Number and are Guide to allow DTC to provide Status Transaction in accordance with the submitted directly to DTC by a Information of Eligible Transactions to a 17 Rules and Procedures. Participant in an instruction containing Matching Utility that requests such A transaction submitted to DTC for the Control Number (collectively, information, but only for those processing may be subject to a ‘‘Eligible Transactions’’), DTC proposes transactions that are associated with a processing exception (‘‘Exception’’), to amend the Settlement Guide to Control Number relating to the causing it to pend in the DTC system or provide that DTC may provide Status Matching Utility. The proposed text to not be processed because the transaction Information on Eligible Transactions to the Settlement Guide would also (i) does not satisfy certain requirements the applicable Matching Utility that describe the types of Status Information and/or controls set forth in the Rules submitted the transaction to DTC or and related Identifying Information that and Settlement Guide. A Matching with respect to which its Control would be shared with a Matching Utility Utility that has submitted an in this regard, and (ii) provide that DTC Institutional Transaction to DTC, or is Number is included in transaction 19 may charge a fee (‘‘Status Information otherwise involved with the matching of details provided by a Participant, if so requested by the Matching Utility. Fee’’) to a Matching Utility that receives a transaction, does not receive Status Status Information as set forth in the Information regarding the transaction In this regard, DTC would send to a DTC Fee Guide.20 The Proposed Rule and is therefore unable to provide Matching Utility Status Information for Change would also add a defined term services to facilitate resolution of Eligible Transactions that DTC has for ‘‘Control Number’’ to the Settlement processing Exceptions occurring at DTC. received from the Matching Utility or Guide in existing text where the term is Therefore, in order to resolve an have been entered by the Participant referred to but not defined. Exception, the Participants to an that have a Control Number associated The Proposed Rule Change would Institutional Transaction currently must with that Matching Utility. The Status require that prior to providing Status (i) access Status Information directly Information provided to the Matching Information to a Matching Utility, DTC through the DTC Settlement User Utility would include the status of the would obtain the written agreement, in Interface and (ii), as necessary, supply transaction (e.g., the Delivery of such form as determined by DTC from the information to their customers that Securities has been made within DTC, time to time (‘‘Status Information are counterparties to the transaction on the transaction is pending Delivery Agreement’’), from the Matching Utility their books, in order to facilitate the within DTC, or the transaction was that includes the following: coordination of the resolution of the reclaimed (i.e., sent back to the (i) A request from the Matching Exception among the counterparties. Utility to receive Status Information DTC states that currently, these Deliverer)) and a reason for any pending status (e.g., the Deliverer has from DTC; communications among the (ii) an agreement by the Matching insufficient inventory in the applicable counterparties to a transaction often Utility that the Matching Utility will not occur in a decentralized manner via Securities, the Deliverer has insufficient distribute Status Information to any email, which is time consuming and Collateral, the Receiver to the third party other than (a) the subject to error.18 transaction has insufficient Net Debit Participants indicated on the Status Cap, etc.). The Status Information would Proposed Rule Change Information and (b) the institutional also include information (‘‘Identifying customers that are counterparties to the DTC received a request from its Information’’) to facilitate the Matching transaction for which the Participants Matching Utility affiliate, ITP Matching Utility’s ability to identify the indicated on the Status Information are (US) LLC (‘‘ITP’’), to receive Status applicable Eligible Transaction and acting with respect to the transaction; Information so that ITP may transmit reconcile the Status Information to the (iii) the agreement of the Matching the Status Information to counterparties Eligible Transaction in its records. Utility that the Matching Utility will in a centralized format. DTC believes Identifying Information would include, indemnify, hold harmless and agree, on that distribution of Status Information to but not be limited to, (i) the applicable demand, to reimburse DTC, its relevant counterparties in a centralized Control Number, (ii) identification stockholders, officers, directors and format would facilitate Participants’ numbers of the Participants to the employees from and against and for any ability to monitor Exceptions and transaction, (iii) quantity of Securities of and all claims, liabilities, obligations, coordinate with their institutional the transaction, (iv) dollar amount of the damages, actions, penalties, losses, customers in order to resolve transaction, and (v) an indicator of costs, expenses and disbursements, Exceptions. whether the transaction was submitted including, without limitation, attorneys’ Pursuant to the proposed rule change, to DTC by the Matching Utility or fees and disbursements (‘‘Claims’’), in order to facilitate more seamless directly by a Participant. which they may sustain by reason of transmission of the Status Information DTC’s providing Status Information to to Participants and facilitate their ability the Matching Utility, except for any 19 DTC states that it is DTC’s understanding that a transaction that has been confirmed within a Claims which result from the gross indicator, broker ID, ID agent internal account negligence or willful misconduct of the number, broker internal account number, agent Matching Utility’s system, but has not been bank ID, settlement amount, origination entity, affirmed, may be assigned a Control Number by the person asserting a right to recipient of message, institution, and settlement Matching Utility. Any transaction not affirmed by indemnification; date. Institutional Transactions that are not a Matching Utility would not be submitted by it to Affirmed Transactions, but which include a Control DTC as an Affirmed Transaction. In that case, the 20 Available at http://www.dtcc.com/∼/media/ Number, may be submitted directly by Participants. Participant may submit the transaction directly Files/Downloads/legal/fee-guides/dtcfeeguide.pdf. Id. through DTC as a Deliver Order and include the Any such fee would be the subject of a subsequent 17 Settlement Guide, supra note 12 at 35. applicable Control Number as assigned by the proposed rule change that DTC would file with the 18 Notice, supra note 3, 83 FR at 63950. Matching Utility on its submission to DTC. Commission.

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(iv) the agreement of the Matching Specifically, as filed, the proposed rule Commission and any person, other than Utility to pay the Status Information change would be effective upon those that may be withheld from the Fee; approval by the Commission. Pursuant public in accordance with the (v) the agreement of the Matching to Amendment No. 2, the Proposed Rule provisions of 5 U.S.C. 552, will be Utility to notify DTC immediately if the Change would not become effective available for website viewing and Matching Utility becomes aware of until DTC has submitted a subsequent printing in the Commission’s Public Status Information provided to it by proposed rule change pursuant to Rule Reference Room, 100 F Street NE, DTC being distributed to a third party 19b–4 under the Act,23 and the Washington, DC 20549, on official other than as authorized pursuant to (ii) subsequent proposed rule change has business days between the hours of above; and become effective. DTC states that 10:00 a.m. and 3:00 p.m. Copies of the (vi) the acknowledgement of the subsequent proposed rule change would filing also will be available for Matching Utility that DTC may implement changes to the DTC Fee inspection and copying at the principal terminate the Status Information Guide 24 that establish (i) the Status office of DTC and on DTCC’s website Agreement in the event that (a) DTC Information Fee and (ii) a charge that (http://dtcc.com/legal/sec-rule- becomes aware that the Matching Utility would cover the cost of DTC’s provision filings.aspx). All comments received has used or distributed the Status of Status Information to a Matching will be posted without change. Persons Information in a manner that violates Utility for each transaction submitted to submitting comments are cautioned that the terms of the Status Information DTC to which a customer of the we do not redact or edit personal Agreement, (b) the Matching Utility Matching Utility is a party to the identifying information from comment does not pay the Status Information Fee transaction and matched the transaction submissions. You should submit only in accordance with the terms of the Fee via the Matching Utility, regardless of information that you wish to make Schedule, or (c) DTC submits a rule whether or not that Matching Utility available publicly. All submissions filing to the SEC, which is approved by submitted the transaction to DTC, as should refer to File Number SR–DTC– the SEC or otherwise becomes effective described in Amendment No. 1. 2018–010 and should be submitted on pursuant to the Act, to discontinue or before August 28, 2019. DTC’s distribution of Status Information II. Solicitation of Comments on to Matching Utilities. Amendment Nos. 1 and 2 III. Discussion and Commission Findings Description of Amendment No. 1 Interested persons are invited to submit written data, views and Section 19(b)(2)(C) of the Act 25 In Amendment No. 1, DTC proposes arguments concerning whether directs the Commission to approve a to provide status information to a Amendment Nos. 1 and 2 are consistent proposed rule change of a self- Matching Utility even if that Matching with the Act. Comments may be regulatory organization if it finds that Utility did not submit a transaction to submitted by any of the following the proposed rule change is consistent 21 DTC. Specifically, DTC will develop methods: with the requirements of the Act and the the mechanism necessary for DTC to Electronic Comments rules and regulations thereunder directly provide Status Information to a applicable to such organization. After • Matching Utility for each transaction Use the Commission’s internet carefully considering the Proposed Rule submitted to DTC to which a customer comment form (http://www.sec.gov/ Change, and all comments received, the of the Matching Utility is a party to the rules/sro.shtml); or Commission finds that the Proposed • transaction and matched the transaction Send an email to rule-comments@ Rule Change is consistent with the Act via the Matching Utility, regardless of sec.gov. Please include File Number SR– and the rules and regulations whether or not that Matching Utility DTC–2018–010 on the subject line. thereunder applicable to DTC.26 In submitted the transaction to DTC, Paper Comments particular, as discussed below, the subject to (i) the agreement by the Commission finds that the Proposed • Send paper comments in triplicate Matching Utility to pay DTC for the Rule Change, is consistent with Sections to Secretary, Securities and Exchange reasonable cost to cover for the 17A(b)(3)(F) and (I) of the Act.27 development of the mechanism by DTC Commission, 100 F Street NE, and (ii) the Matching Utility subscribing Washington, DC 20549–1090. A. Consistency With Section to receive Status Information, as All submissions should refer to File 17A(b)(3)(F) of the Act described above. To the extent that the Number SR–DTC–2018–010. This file Section 17A(b)(3)(F) of the Act transaction is an interoperable number should be included on the requires, in part, that the rules of a transaction submitted to DTC by another subject line if email is used. To help the clearing agency be designed to, among Matching Utility, then in order to Commission process and review your other things, promote the prompt and receive Status Information for the comments more efficiently, please use accurate clearance and settlement of interoperable transaction, the Matching only one method. The Commission will securities transactions.28 For the reasons Utility would be required to submit an post all comments on the Commission’s set forth below, the Commission indicator to DTC for the purpose of internet website (http://www.sec.gov/ believes that the changes described in notifying DTC that a customer of the rules/sro.shtml). Copies of the the Proposed Rule Change are designed Matching Utility is a party to the submission, all subsequent to promote the prompt and accurate transaction. amendments, all written statements with respect to the Proposed Rule 25 Description of Amendment No. 2 15 U.S.C. 78s(b)(2)(C). Change that are filed with the 26 In approving this Proposed Rule Change, the In Amendment No. 2, DTC proposes Commission, and all written Commission has considered the proposed rule’s to delay the implementation timeframe communications relating to the impact on efficiency, competition, and capital of the proposal to until DTC has formation. See 15 U.S.C. 78c(f). The Commission Proposed Rule Change between the addresses comments about economic effects of the 22 submitted a subsequent fee filing. Proposed Rule Change, including competitive 23 17 CFR 240.19b–4. effects, below. 21 Amendment No. 1, supra note 10. 24 Available at http://www.dtcc.com/∼/media/ 27 15 U.S.C. 78q–1(b)(3)(F) and (I). 22 Amendment No. 2, supra note 11. Files/Downloads/legal/fee-guides/dtcfeeguide.pdf. 28 15 U.S.C. 78q–1(b)(3)(F).

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clearance and settlement of securities not necessary or appropriate in among Matching Utilities not necessary transactions, consistent with Section furtherance of the purposes of the Act. or appropriate in furtherance of the 17A(b)(3)(F) of the Act.29 As originally proposed, the Proposed purposes of the Act. The Proposed Rule As described above, DTC proposes to Rule Change would provide Status Change would allow any Matching share Status Information with Matching Information to the Matching Utility that Utilities involved in a transaction to Utilities. Matching Utilities already submitted the transaction to DTC or access Status Information directly from electronically facilitate communication with respect to which its Control DTC, regardless of whether a Matching among the parties to an Institutional Number is included in transaction Utility’s control number was submitted Transaction. Providing Status details provided by a Participant. with the transaction. The Commission Information to Matching Utilities would Further, a Matching Utility would be understands that under the Proposed leverage their existing communication required to sign an agreement that the Rule Change, the method by which a platform to eliminate the need for Matching Utility will not distribute Matching Utility accesses Status Participants to access the Status Status Information to any third party Information would differ based on Information directly from DTC and then other than (a) the Participants indicated whether the Matching Utility’s control communicate Exception information to on the Status Information and (b) the number is associated with the other parties in a decentralized way, institutional customers that are transaction (i.e., if a Matching Utility’s including by sending emails which are counterparties to the transaction for control number is not included in the less efficient and more error-prone. The which the Participants indicated on the transaction as submitted, the Matching Commission believes that this approach Status Information are acting with Utility would be required to submit an should increase efficiency in respect to the transaction. One indicator to DTC to notify DTC that a communicating Status Information that commenter opposes the original in turn could help facilitate enhanced proposal limiting access to the Status customer of the Matching Utility is a communication among the parties to an Information only to Matching Utilities party to the transaction). The Eligible Transaction to address an that either submitted the transaction to Commission believes that providing Exception so that the Eligible DTC or whose Control Number is distinct methods for Matching Utilities Transaction may meet DTC controls and included in the transaction detailed to access the same Status Information be processed for end-of-day settlement. provided to DTC by a Participant, directly from DTC should help ensure As such, the Commission believes that because this original proposal does not that all interested Matching Utilities can the Proposed Rule Change is designed to provide for transmitting Status access such information regardless of promote the prompt and accurate Information to a linked Matching which Matching Utility submits the clearance and settlement of securities Utility, over the interface or otherwise.32 transaction to DTC. Therefore, the transactions and is consistent with The commenter states that by restricting Commission believes that these different Section 17A(b)(3)(F) of the Act.30 distribution of Status Information to the methods of access would not impose Matching Utility that submits a any burden on competition not B. Consistency With Section 17A(b)(3)(I) necessary or appropriate in furtherance of the Act transaction to DTC or whose Control Number is included in transaction of the Act. Section 17A(b)(3)(I) of the Act details provided by a Participant on requires that the rules of a clearing Fees Associated With the Provision of whose behalf it confirmed the trade, the Status Information agency not impose any burden on original proposal would impede the free competition not necessary or flow of information between Matching As discussed above, the Proposed appropriate in furtherance of the Utilities, thereby further thwarting the Rule Change would authorize DTC to 31 purposes of the Act. DTC proposes to development of a competitive charge (i) a Status Information Fee to a share Status Information with Matching interoperating environment for central Matching Utility that receives Status Utilities so that Matching Utilities can trade matching services.33 Information as set forth in the DTC Fee help facilitate the resolution of In response, DTC states that it does Guide through a future proposed rule Exceptions by using their central not intend for the Proposed Rule Change change and (ii) the reasonable cost to platform. Currently the parties to to preclude sharing of Status cover for the development of the Institutional Transactions must Information among interoperating mechanism by DTC to provide Status communicate in an inefficient, time- Matching Utilities in a circumstance Information to a Matching Utility even consuming manner to resolve an where both Matching Utilities are acting if that Matching Utility did not submit Exception. Because the increased for a party to the transaction.34 To a transaction to DTC. efficiency in communicating Status address the commenter’s concern, DTC One commenter opposes the proposal Information could help facilitate amended the proposal to directly to charge a fee for Status Information on enhanced communication among the provide Status Information to a parties to an Eligible Transaction and both procedural and substantive Matching Utility for each transaction 36 address an Exception (i.e., so that the submitted to DTC to which a customer grounds. As a procedural matter, the Eligible Transaction may meet DTC of the Matching Utility is a party to the commenter states that any fee for Status controls and be processed for end-of-day transaction and matched the transaction Information should be considered by the settlement), the Commission believes via the Matching Utility.35 Commission in the Proposed Rule that the Proposed Rule Change could The Commission believes that the Change. The commenter notes that once benefit all of the parties to an Eligible proposed rule change, as amended, DTC’s authority to impose a fee on a Transaction. As a result, the would not impose any burden on Matching Utility for Status Information Commission believes that the Proposed competition on the future development is established, any subsequent filing to Rule Change would not impose any of an interoperability arrangement implement that authority by setting the burden on competition regarding fees amount of the fee will become effective 32 SS&C Letter II at 2–3. immediately upon filing with the 29 Id. 33 SS&C Letter II at 2–3; SS&C Letter I at 4–5. 30 Id. 34 DTC Letter II at 4. 36 See SS&C Letter II at 3–4; SS&C Letter I at 4– 31 15 U.S.C. 78q–1(b)(3)(I). 35 Id. 5.

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Commission.37 The commenter states because its affiliate may be a user of the good cause, pursuant to Section 19(b)(2) that ‘‘[t]he Commission’s authority to service. of the Act,47 to approve the proposed temporarily suspend the fee, once Finally, the Commission notes that rule change, as modified by Amendment implemented, is no substitute for a the Proposed Rule Change would also Nos. 1 and 2, on an accelerated basis. provide that a Matching Utility agree to careful consideration at this juncture of VI. Conclusion the important issues [it] has raised.’’ 38 pay DTC for the reasonable cost of Substantively, the commenter states any DTC’s development of the mechanism On the basis of the foregoing, the fee charged to ITP would be merely a necessary for DTC to directly provide Commission finds that the proposed paper transfer of revenue from one Status Information to a Matching Utility rule change, as modified by Amendment corporate affiliate to another, while a fee for each transaction to which a customer Nos. 1 and 2, is consistent with the charged to the commenter, another of the Matching Utility is a party and requirements of the Act, in particular, Matching Utility, would be a true cost matched via the Matching Utility. As with the requirements of Section 17A of with real consequences.39 noted above, the Commission notes that the Act and the rules and regulations this approach, which applies to all thereunder. For the following reasons, the Matching Utilities, is consistent with It is therefore ordered, pursuant to Commission believes that the Proposed Section 17A(b)(3)(D),43 which requires Section 19(b)(2) of the Act,48 that Rule Change would not impose any the equitable allocation of fees among a proposed rule change SR–DTC–2018– burden on competition regarding fees clearing agency’s participants. The 010, as modified by Amendment Nos. 1 that is not necessary or appropriate in Commission also notes that it would and 2, be, and it hereby is, approved on furtherance of the purposes of the Act. review the future fee filing for an accelerated basis. As a procedural matter, not including consistency with this provision and all For the Commission, by the Division of the fee for Status Information in the other relevant Exchange Act provisions, Trading and Markets, pursuant to delegated Proposed Rule Change is consistent as well as the standard set forth by DTC authority.49 with the Act. Sections 19(b)(3)(A) and in this filing. Jill M. Peterson, 40 (C) of the Act specifically provide for Therefore, for all of the above reasons, Assistant Secretary. the process to which the commenter the Commission believes that the [FR Doc. 2019–17232 Filed 8–12–19; 8:45 am] objects, i.e., a proposed rule change that Proposed Rule Change is consistent BILLING CODE 8011–01–P establishes a fee imposed by a self- with Section 17A(b)(3)(I) of the Act.44 regulatory organization on any person, IV. Accelerated Approval of whether or not the person is a member Amendment Nos. 1 and 2 SECURITIES AND EXCHANGE of the organization, shall take effect COMMISSION upon filing with the Commission and be As noted above, in Amendment No. 1, subject to potential suspension if the as compared to the original proposal, Proposed Collection; Comment Commission determines that such DTC proposes to provide status Request action is necessary or appropriate in the information to a Matching Utility even public interest, for the protection of if that matching utility did not submit Upon Written Request, Copies Available 45 investors, or otherwise in furtherance of a transaction to DTC. As noted above, From: Securities and Exchange the purposes of Section 19 of the Act. in Amendment No. 2, as compared to Commission, Office of FOIA Services, Therefore, the Commission believes that the original proposal, DTC proposes to 100 F Street NE, Washington, DC DTC choosing to include any associated delay the implementation timeframe of 20549–2736 fee in a subsequent proposed rule the proposal to until DTC has submitted 46 Extension: change is consistent with the Act. a subsequent fee filing. As discussed above, the Commission Rule 31a–2, SEC File No. 270–174, OMB Control No. 3235–0179 Substantively, it is consistent with the believes that the amendments do not Act to charge fees to both affiliates and raise any regulatory issues and are Notice is hereby given that, pursuant third-party competitors of the affiliate. consistent with the Act because to the Paperwork Reduction Act of 1995 The commenter argues that the mere Amendment No. 1 provides different (44 U.S.C. 3501 et seq.), the Securities existence of a fee is problematic because methods for Matching Utilities to access and Exchange Commission (the DTC would be charging that fee to its Status Information directly from DTC to ‘‘Commission’’) is soliciting comments affiliate which renders the fee a ‘‘paper help ensure that Matching Utilities can on the collection of information transfer’’ of revenue.41 However, the access Status Information regardless of summarized below. The Commission Commission believes that, under the which Matching Utility submits the plans to submit this existing collection Act, any fee charged by DTC for this transaction to DTC. Likewise, of information to the Office of service should be equitably allocated Amendment No. 2 would provide more Management and Budget (‘‘OMB’’) for among potential users, including users time before the proposal would go into extension and approval. that are affiliates of DTC. 42 Therefore, effect. Section 31(a)(1) of the Investment it would not be reasonable for DTC to Therefore, the Commission finds that Company Act of 1940 (15 U.S.C. 80a–1 not charge a fee for this service solely Amendment Nos. 1 and 2 to the et seq.) (the ‘‘Act’’) requires registered proposal raise no novel regulatory investment companies (‘‘funds’’) and 37 See SS&C Letter II at 3; see also 15 U.S.C. issues, that they are reasonably designed certain underwriters, broker-dealers, § 78s(b)(3). to protect investors and the public investment advisers, and depositors to 38 See SS&C Letter II at 3–4. interest, and that they are consistent maintain and preserve records as 39 See SS&C Letter II at 4. with the requirements of the Act. prescribed by Commission rules. Rule 40 15 U.S.C. § 78s(b)(3)(A) and (C). Accordingly, the Commission finds 31a–1 (17 CFR 270.31a–1) under the Act 41 See SS&C Letter I at 5; SS&C Letter II at 4. specifies the books and records that 42 Although Section 17A(b)(3)(D) applies to 43 clearing agency fees on participants, the 15 U.S.C. 78q–1(b)(D). Commission believes that it is also instructive here 44 15 U.S.C. 78q–1(b)(3)(I). 47 15 U.S.C. 78s(b)(2). with respect to fees on users of a service provided 45 Amendment No. 1, supra note 10. 48 Id. by a clearing agency. 15 U.S.C. 78q–1(b)(D). 46 Amendment No. 1, supra note 11. 49 17 CFR 200.30–3(a)(12).

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each of these entities must maintain. conduct or sponsor, and a person is not (‘‘Commission’’) is soliciting comments Rule 31a–2 (17 CFR 270.31a–2) under required to respond to a collection of on the existing collection of information the Act specifies the time periods that information unless it displays a provided for in Rule 17a–3 (17 CFR entities must retain certain books and currently valid OMB control number. 240.17a–3), under the Securities records, including those required to be Written comments are invited on: (a) Exchange Act of 1934 (15 U.S.C. 78a et maintained under rule 31a–1. Whether the collection of information is seq.). The Commission plans to submit The retention of records, as required necessary for the proper performance of this existing collection of information to by the rule, is necessary to ensure access the functions of the Commission, the Office of Management and Budget to material business and financial including whether the information has (‘‘OMB’’) for extension and approval. information about funds and certain practical utility; (b) the accuracy of the Rule 17a–3 under the Securities related entities. We periodically inspect Commission’s estimate of the burden of Exchange Act of 1934 establishes the operations of funds to ensure they the collection of information; (c) ways to minimum standards with respect to are in compliance with the Act and enhance the quality, utility, and clarity business records that broker-dealers regulations under the Act. Due to the of the information collected; and (d) registered with the Commission must limits on our resources, however, each ways to minimize the burden of the make and keep current. These records fund may only be inspected at intervals collection of information on are maintained by the broker-dealer (in of several years. In addition, the respondents, including through the use accordance with a separate rule), so they prosecution of persons who have of automated collection techniques or can be used by the broker-dealer and engaged in certain violations of the other forms of information technology. reviewed by Commission examiners, as federal securities laws may not be Consideration will be given to well as other regulatory authority limited by timing restrictions. For these comments and suggestions submitted in examiners, during inspections of the reasons, we often need information writing within 60 days of this broker-dealer. relating to events or transactions that publication. The collections of information occurred years ago. Without the Please direct your written comments included in Rule 17a–3 are necessary to requirement to preserve books, records, to Charles Riddle, Acting Director and provide Commission, self-regulatory and other documents, our staff would Chief Information Officer, Securities organization (‘‘SRO’’) and state have difficulty determining whether the and Exchange Commission, c/o Candace examiners to conduct effective and fund was in compliance with the law in Kenner, 100 F Street NE, Washington, efficient examinations to determine such areas as valuation of its portfolio DC 20549; or send an email to: PRA_ whether broker-dealers are complying securities, computation of the prices [email protected]. with relevant laws, rules, and investors paid, and, when purchasing All submissions should refer to File regulations. If broker-dealers were not and selling fund shares, types and Number 270–174. This file number required to create these baseline, amounts of expenses the fund incurred, should be included on the subject line standardized records, Commission, SRO kinds of investments the fund if email is used. The Commission will and state examiners could be unable to purchased, actions of affiliated persons, post all comments on the Commission’s determine whether broker-dealers are in or whether the fund had engaged in any internet website (http://www.sec.gov). compliance with the Commission’s illegal or fraudulent activities. As part of All comments received will be posted antifraud and anti-manipulation rules, our examinations of funds, our staff also without change; we do not edit personal financial responsibility program, and reviews the materials that directors identifying information from other Commission, SRO, and State laws, consider in approving the advisory submissions. You should submit only rules, and regulations. contract. information that you wish to make As of December 31, 2018 there were There are 3,160 funds currently available publicly. 3,764 broker-dealers registered with the operating as of December 31, 2018, all Dated: August 7, 2019. Commission. The Commission estimates of which are required to comply with that these broker-dealer respondents Jill M. Peterson, rule 31a–2. The Commission staff incur a total burden of 2,893,773 hours estimates that, on average, a fund Assistant Secretary. per year to comply with Rule 17a–3.1 spends 220.4 hours annually to comply [FR Doc. 2019–17298 Filed 8–12–19; 8:45 am] In addition, Rule 17a–3 contains with the rule. The Commission therefore BILLING CODE 8011–01–P ongoing operation and maintenance estimates the total annual hour burden costs for broker-dealers, including the of the rule’s and form’s paperwork cost of postage to provide customers requirements to be 696,464 hours. In SECURITIES AND EXCHANGE addition to the burden hours, the COMMISSION 1 On June 5, 2019, the Commission adopted Rule Commission staff estimates that the [SEC File No. 270–026, OMB Control No. 151–1 under the Securities Exchange Act of 1934 average yearly cost to each fund that is 3235–0033] establishing a standard of conduct for broker- dealers and natural persons who are associated subject to rule 31a–2 is about persons of a broker-dealer when making a $36,510.28. The Commission estimates Proposed Collection; Comment recommendation of any securities. See Securities total annual cost is therefore about Request Exchange Act Release No. 86031 (Jun. 5, 2019), 84 FR 33318 (Jul. 12, 2019). At the same time, the $115.4 million. Upon Written Request, Copies Available Estimates of average burden hours Commission adopted Exchange Act Rule 17a–14 From: Securities and Exchange (CFR 240.17a–14) and Form CRS (17 CFR 249.640) and costs are made solely for purposes Commission, Office of FOIA Services, under the Exchange Act. See Form CRS of the Paperwork Reduction Act and are Relationship Summary; Amendments to Form ADV 100 F Street NE, Washington, DC not derived from a comprehensive or Exchange Act Release No. 86032, Advisers Act 20549–2736 even representative survey or study of Release No. 5247, File No. S7–08–18 (June 5, 2019), Extension: 84 FR 33492 (July 12, 2019). As part of new Rule the costs of Commission rules and 17a–14 and Form CRS, and Regulation Best Interest, forms. Compliance with the collection Rule 17a–3 the Commission amended Rule 17a–3 by adding of information requirements of the rule Notice is hereby given that pursuant new paragraphs (a)(24) and (a)(35). The collections of information and the related burdens associated is mandatory. Responses to the to the Paperwork Reduction Act of 1995 with these amendments have been separately disclosure requirements will not be kept (‘‘PRA’’) (44 U.S.C. 3501 et seq.) the noticed for comment and are currently under confidential. An agency may not Securities and Exchange Commission review.

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with account information, and costs for Dated: August 7, 2019. this registration requirement, Canadian- equipment and systems development. Jill M. Peterson, U.S. Participants previously were not The Commission estimates that under Assistant Secretary. able to purchase or exchange securities Rule 17a–3(a)(17), approximately [FR Doc. 2019–17236 Filed 8–12–19; 8:45 am] for their Canadian retirement accounts 45,633,482 customers will need to be BILLING CODE 8011–01–P as needed to meet their changing provided with information regarding investment goals or income needs. their account on a yearly basis. The The Commission issued a rulemaking Commission estimates that the postage SECURITIES AND EXCHANGE in 2000 that enabled Canadian-U.S. costs associated with providing those COMMISSION Participants to manage the assets in their Canadian retirement accounts by customers with copies of their account [SEC File No. 270–465, OMB Control No. record information would be 3235–0528] providing relief from the U.S. approximately $16,321,719 per year registration requirements for offers of securities of foreign issuers to Canadian- (45,633,482 × $0.35).2 The staff Proposed Collection; Comment U.S. Participants and sales to Canadian estimates that broker-dealers Request retirement accounts.2 Rule 237 under establishing liquidity, credit, and Upon Written Request, Copies Available the Securities Act 3 permits securities of market risk management controls From: Securities and Exchange foreign issuers, including securities of pursuant to Rule 17a–3(a)(23) incur one- Commission, Office of FOIA Services, foreign funds, to be offered to Canadian- time startup costs of $912,000, or 100 F Street NE, Washington, DC U.S. Participants and sold to their $304,000 amortized over a three-year 20549–2736 Canadian retirement accounts without approval period, to hire outside counsel Extension: being registered under the Securities to review the controls. The staff further Rule 237, 60-Day Notice (2019) Act. estimates that the ongoing equipment Notice is hereby given that, pursuant Rule 237 requires written offering and systems development costs relating to the Paperwork Reduction Act of 1995 documents for securities offered and to Rule 17a–3 for the industry would be (44 U.S.C. 3501-3520), the Securities sold in reliance on the rule to disclose about $37,446,686 per year. and Exchange Commission (the prominently that the securities are not Consequently, the total cost burden ‘‘Commission’’) is soliciting comments registered with the Commission and are associated with Rule 17a–3 would be on the collection of information exempt from registration under the U.S. approximately $54,072,405 per year. summarized below. The Commission securities laws. The burden under the Written comments are invited on: (a) plans to submit this existing collection rule associated with adding this Whether the proposed collection of of information to the Office of disclosure to written offering documents Management and Budget (‘‘OMB’’) for is minimal and is non-recurring. The information is necessary for the proper extension and approval. foreign issuer, underwriter, or broker- performance of the functions of the In Canada, as in the United States, dealer can redraft an existing prospectus Commission, including whether the individuals can invest a portion of their or other written offering material to add information shall have practical utility; earnings in tax-deferred retirement this disclosure statement, or may draft (b) the accuracy of the Commission’s savings accounts (‘‘Canadian retirement a sticker or supplement containing this estimate of the burden of the proposed accounts’’). These accounts, which disclosure to be added to existing collection of information; (c) ways to operate in a manner similar to offering materials. In either case, based enhance the quality, utility, and clarity individual retirement accounts in the on discussions with representatives of of the information to be collected; and United States, encourage retirement the Canadian fund industry, the staff (d) ways to minimize the burden of the savings by permitting savings on a tax- estimates that it would take an average collection of information on deferred basis. Individuals who of 10 minutes per document to draft the respondents, including through the use establish Canadian retirement accounts requisite disclosure statement. of automated collection techniques or while living and working in Canada and The Commission understands that other forms of information technology. who later move to the United States there are approximately 2,412 Canadian Consideration will be given to (‘‘Canadian-U.S. Participants’’ or issuers other than funds that may rely comments and suggestions submitted in ‘‘participants’’) often continue to hold on rule 237 to make an initial public writing within 60 days of this their retirement assets in their Canadian offering of their securities to Canadian- publication. retirement accounts rather than U.S. Participants.4 The staff estimates prematurely withdrawing (or ‘‘cashing An agency may not conduct or out’’) those assets, which would result (‘‘funds’’) that are not registered pursuant to the sponsor, and a person is not required to in immediate taxation in Canada. Investment Company Act of 1940 (‘‘Investment respond to, a collection of information Once in the United States, however, Company Act’’) is generally prohibited by U.S. under the PRA unless it displays a these participants historically have been securities laws. 15 U.S.C. 80a. 2 See Offer and Sale of Securities to Canadian currently valid OMB control number. unable to manage their Canadian Tax-Deferred Retirement Savings Accounts, Release Please direct your written comments retirement account investments. Most Nos. 33–7860, 34–42905, IC–24491 (June 7, 2000) to: Charles Riddle, Acting Director/Chief securities that are ‘‘qualified [65 FR 37672 (June 15, 2000)]. This rulemaking also investments’’ for Canadian retirement included new rule 7d–2 under the Investment Information Officer, Securities and accounts are not registered under the Company Act, permitting foreign funds to offer Exchange Commission, c/o Candace securities to Canadian-U.S. Participants and sell U.S. securities laws. Those securities, Kenner, 100 F Street NE, Washington, securities to Canadian retirement accounts without _ therefore, generally cannot be publicly registering as investment companies under the DC 20549, or send an email to: PRA offered and sold in the United States Investment Company Act. 17 CFR 270.7d–2. [email protected]. without violating the registration 3 17 CFR 230.237. requirement of the Securities Act of 4 This estimate is based on the following calculation: 2,322 equity issuers + 90 bond issuers 2 1 Estimates of postage costs are derived from past 1933 (‘‘Securities Act’’). As a result of = 2,412 total issuers (as of Dec. 2018). See The MiG conversations with industry representatives and Report, Toronto Stock Exchange and TSX Venture have been adjusted to account for inflation and 1 15 U.S.C. 77. In addition, the offering and Exchange (Dec. 2018) (providing number of equity increases in postage costs. selling of securities of investment companies and bond issuers on the Toronto Exchange).

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that in any given year approximately 24 unless it displays a currently valid II. Self-Regulatory Organization’s (or 1 percent) of those issuers are likely control number. Statement of the Purpose of, and to rely on rule 237 to make a public Please direct your written comments Statutory Basis for, the Proposed Rule offering of their securities to to Charles Riddle, Acting Director/Chief Change participants, and that each of those 24 Information Officer, Securities and In its filing with the Commission, the issuers, on average, distributes 3 Exchange Commission, C/O Candace Exchange included statements different written offering documents Kenner, 100 F Street NE, Washington, concerning the purpose of and basis for concerning those securities, for a total of _ the proposed rule change and discussed 72 offering documents. DC 20549; or send an email to: PRA [email protected]. any comments it received on the The staff therefore estimates that proposed rule change. The text of these during each year that rule 237 is in Dated: August 7, 2019. statements may be examined at the effect, approximately 24 respondents 5 Jill M. Peterson, places specified in Item IV below. The would be required to make 72 responses Assistant Secretary. Exchange has prepared summaries, set by adding the new disclosure statements [FR Doc. 2019–17238 Filed 8–12–19; 8:45 am] forth in sections A, B, and C below, of to approximately 72 written offering the most significant aspects of such BILLING CODE 8011–01–P documents. Thus, the staff estimates statements. that the total annual burden associated with the rule 237 disclosure A. Self-Regulatory Organization’s SECURITIES AND EXCHANGE requirement would be approximately 18 Statement of the Purpose of, and COMMISSION hours (108 offering documents × 10 Statutory Basis for, the Proposed Rule minutes per document). The total Change annual cost of burden hours is estimated [Release No. 34–86588; File No. SR–CBOE– 1. Purpose × 2019–039] to be $4,980 (12 hours $415 per hour The Exchange proposes to amend its of attorney time).6 Self-Regulatory Organizations; Cboe fees schedule to (i) amend the Cboe In addition, issuers from foreign Options Clearing Trading Permit Holder countries other than Canada could rely Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Proprietary Products Sliding Scales on rule 237 to offer securities to Program (Proprietary Product Sliding Canadian-U.S. Participants and sell Rule Change To Amend Its Fees Schedule Scales’’) and (ii) amend the Marketing securities to their accounts without Fee program, effective August 1, 2019. becoming subject to the registration August 7, 2019. requirements of the Securities Act. Proprietary Sliding Scales However, the staff believes that the Pursuant to Section 19(b)(1) of the The Proprietary Products Sliding number of issuers from other countries Securities Exchange Act of 1934 (the Scales table provides that Clearing that rely on rule 237, and that therefore ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Trading Permit Holder Proprietary are required to comply with the offering notice is hereby given that on August 1, transaction fees for Clearing Trading document disclosure requirements, is 2019, Cboe Exchange, Inc. (the Permit Holders (origin code ‘‘F’’) and for negligible. ‘‘Exchange’’ or ‘‘Cboe Options’’) filed Non-Clearing Trading Permit Holder These burden hour estimates are with the Securities and Exchange Affiliates (‘‘Non-TPH Affiliates’’) (origin based upon the Commission staff’s Commission (the ‘‘Commission’’) the code ‘‘L’’) (collectively, Clearing TPHs’’) experience and discussions with the proposed rule change as described in in Underlying Symbol List A 3 will be fund industry. The estimates of average Items I, II, and III below, which Items reduced provided a Clearing TPH burden hours are made solely for the have been prepared by the Exchange. reaches certain average daily volume purposes of the Paperwork Reduction The Commission is publishing this (‘‘ADV’’) thresholds identified in Table Act. These estimates are not derived notice to solicit comments on the A (the ‘‘Firm Sliding Scale’’) and Table from a comprehensive or even a proposed rule change from interested B (the ‘‘VIX Sliding Scale’’). More representative survey or study of the persons. specifically, Table A, the Firm Sliding costs of Commission rules. Scale, provides for reduced Clearing Compliance with the collection of I. Self-Regulatory Organization’s TPH transaction fees in Underlying information requirements of the rule is Statement of the Terms of Substance of Symbol List A options, provided a mandatory and is necessary to comply the Proposed Rule Change Clearing TPH reaches certain ADV with the requirements of the rule in thresholds in all underlying symbols general. An agency may not conduct or Cboe Exchange, Inc. (the ‘‘Exchange’’ excluding Underlying Symbol List A on sponsor, and a person is not required to or ‘‘Cboe Options’’) proposes to amend the Exchange in a month. Table B, the respond to a collection of information its Fees Schedule. The text of the VIX Sliding Scale, provides for reduced proposed rule change is provided in Clearing TPH transaction fees in VIX, 5 This estimate of respondents only includes Exhibit 5. provided a Clearing TPH reaches certain foreign issuers. The number of respondents would The text of the proposed rule change VIX options volume thresholds during a be greater if foreign underwriters or broker-dealers month. For each Clearing TPH, the draft stickers or supplements to add the required is also available on the Exchange’s disclosure to existing offering documents. website (http://www.cboe.com/ Exchange assesses the better of (a) the 6 The Commission’s estimate concerning the wage AboutCBOE/ Firm Sliding Scale as applied to all rate for attorney time is based on salary information Underlying Symbol List A products or CBOELegalRegulatoryHome.aspx), at for the securities industry compiled by the (b) the Firm Sliding Scale as applied to Securities Industry and Financial Markets the Exchange’s Office of the Secretary, all Underlying Symbol List A except Association (‘‘SIFMA’’). The $415 per hour figure and at the Commission’s Public for an attorney is from SIFMA’s Management & Professional Earnings in the Securities Industry Reference Room. 3 See Cboe Options Footnote 34. Underlying 2013, modified by Commission staff to account for Symbol List A currently includes OEX, XEO, RUT, an 1,800-hour work-year and multiplied by 5.35 to RLG, RLV, RUI, AWDE, FTEM, FXTM, UKXM, SPX account for bonuses, firm size, employee benefits, 1 15 U.S.C. 78s(b)(1). (includes SPXw), VIX, VOLATILITY INDEXES and overhead, and inflation. 2 17 CFR 240.19b–4. binary options.

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VIX, plus the discounted transaction Marketing Fee Program application of the Marketing Fee. Lastly, fees as calculated under the VIX Sliding The Exchange next proposes to amend the proposed amendment to the Scale. More specifically, for calculating its Marketing Fee program. By way of Marketing Fee program will further a Clearing TPH’s total proprietary background the Marketing Fee is harmonize the program with the product transaction fees, the Exchange assessed on certain transactions of corresponding Marketing Fee program currently uses the following Market-Makers resulting from (i) of its affiliate exchange, Cboe EDGX methodology: If using the VIX Sliding customer orders from payment Exchange, Inc., (‘‘Cboe EDGX’’) and is Scale plus the Firm Sliding Scale accepting firms, or (ii) customer orders also in line with how other exchanges (minus VIX options volume) results in that have designated a DPM under Cboe apply their respective marketing fee lower total Clearing TPH proprietary Options Rule 8.80, a ‘‘Preferred programs (i.e., marketing fees apply to transaction fees than just using the Firm Market-Maker’’ under Cboe Options all Market-Maker transactions resulting 5 Sliding Scale, the Exchange will apply Rule 8.13 or a ‘‘Lead Market-Maker’’ from any Customer order). the VIX Sliding Scale plus the Firm under Cboe Options Rule 8.15 2. Statutory Basis Sliding Scale (deducting the VIX (collectively ‘‘Preferenced The Exchange believes that the options volume from the Firm Sliding Market-Maker’’). The funds collected via proposed rule change is consistent with Scale). If using the VIX Sliding Scale this Marketing Fee are then put into pools controlled by the Preferenced the objectives of Section 6 of the Act, in plus the Firm Sliding Scale (minus VIX general, and furthers the objectives of options volume) results in higher total Market-Maker. The Preferenced Market- Maker controlling a certain pool of Section 6(b)(4), in particular, as it is Clearing TPH proprietary transaction designed to provide for the equitable fees than just using the Firm Sliding funds can then determine the order flow provider(s) to which the funds should allocation of reasonable dues, fees and Scale, the Exchange will apply only the be directed in order to encourage such other charges among its Members and Firm Sliding Scale. order flow provider(s) to send orders to issuers and other persons using its In order to simplify and streamline the Exchange. facilities. The Exchange also believes the Proprietary Sliding Scales program, The Exchange proposes to simplify that the proposed rule change is the Exchange proposes to make the Firm and amend the Marketing Fee program consistent with the objectives of Section Sliding Scale and VIX Sliding Scales to provide that the Marketing Fee will 6(b)(5) requirements that the rules of an separate and independent programs. be assessed on all transactions of exchange be designed to prevent That is, the Exchange proposes to no Market-Makers resulting from any fraudulent and manipulative acts and longer assess the lesser amount of the Customer order (instead of only practices, to promote just and equitable transaction fees calculated using only Customer orders from (i) payment principles of trade, to foster cooperation the Firm Sliding Scale as applied to all accepting firms or (ii) that have and coordination with persons engaged Underlying Symbol List A products or designated a Preferenced Market- in regulating, clearing, settling, (b) the Firm Sliding Scale as applied to Maker). The Exchange notes that processing information with respect to, all Underlying Symbol List A except currently, order flow providers are given and facilitating transactions in VIX, plus the discounted transaction the option of ‘‘opting in’’ to the securities, to remove impediments to fees as calculated under the VIX Sliding Marketing Fee Program to be eligible to and perfect the mechanism of a free and receive marketing fees (i.e., become a open market and a national market Scale. Rather, all Underlying Symbol payment accepting firm).4 The Exchange system, and, in general, to protect List A options, excluding VIX, will be notes that over time however, the vast investors and the public interest, and, subject to the ‘‘Cboe Options Clearing majority of firms have become payment particularly, is not designed to permit Trading Permit Holder Proprietary accepting firms and there are only a unfair discrimination between Products Sliding Scale’’ (formerly Table handful of order flow providers that are customers, issuers, brokers, or dealers. A) and all VIX volume will always be not payment accepting firms. The The Exchange believes that it is subject to the ‘‘Cboe Options Clearing Exchange also notes that currently the reasonable and equitable to separate the Trading Permit Holder VIX Sliding vast majority of customer orders Proprietary Sliding Scales Program (i.e., Scale’’ (formerly Table B). The current designate a Preferenced Market-Maker. Table A, Firm Sliding Scale and Table methodology was originally adopted to Accordingly, the vast majority of B, VIX Sliding Scale), because Clearing provide a Clearing TPH with the most Market-Maker orders that result from a TPHs are still eligible to receive beneficial fee arrangement (the lowest Customer order are already subject to discounted transaction fees for their fees) without double-counting VIX the Marketing Fee. While the Exchange Underlying Symbol List A volume. options volume. The Exchange notes has no way of predicting with certainty Additionally, as discussed above, under however, the more beneficial fee how the rule change will impact the current ‘‘best of’’ calculation, the arrangement for Clearing TPHs has Trading Permit Holders, the Exchange most beneficial fee arrangement (the historically and consistently been to anticipates the impact of the proposed lowest fees) for Clearing TPHs has apply the rates under the Firm Sliding change to be de minimis for all TPHs. consistently and historically been to Scale to all Underlying Symbol List A Moreover, the Exchange believes the apply the rates under the Firm Sliding products excluding VIX and apply the proposed change will also provide for Scale on all Underlying Symbol List A rates under the VIX Sliding Scale to all more streamlined administration of the products excluding VIX and apply the VIX volume (which provides for the Marketing Fee program and uniform rates under the VIX Sliding Scale on all same end result as is being proposed by separating the program). For example, 4 The Exchange has had no role with respect to 5 See e.g., Cboe EDGX Options Exchange Fee the negotiations between Preferenced Market- Schedule, Marketing Fees, which provides the this result has been true for all Clearing Makers and payment accepting firms. Rather, the marketing fees are charged to all Market Makers TPHs to date this year 2019. As such, Exchange merely collects and administers the who are counterparties to a trade with a Customer. the Exchange believes the proposal to payment of the fee collected on those transactions See also Nasdaq ISE, Options 7 Pricing Schedule, separate the sliding scale programs does for which the Preferenced Market-Maker has Section 6(E), Marketing Fee and NYSE American advised the Exchange that it has negotiated with a Options Fee Schedule, Section IA, Options not significantly or substantively impact payment accepting firm to pay for the firm’s order Transaction Fees and Credits, Marketing Charges Clearing TPHs. flow. Per Contract for Electronic Transactions.

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VIX volume, which is exactly how the program and is in line with how other it appears to the Commission that such programs will function separately as exchanges, including the Exchange’s action is necessary or appropriate in the proposed. As such, the Exchange affiliate, administer their respective public interest, for the protection of believes the proposal to separate the Marking Fee programs.6 investors, or otherwise in furtherance of sliding scale programs does not the purposes of the Act. If the B. Self-Regulatory Organization’s significantly or substantively affect Commission takes such action, the Statement on Burden on Competition Clearing TPHs. Moreover, the proposed Commission will institute proceedings rule change streamlines and simplifies The Exchange does not believe that to determine whether the proposed rule the Proprietary Sliding Scales program. the proposed rule change will impose change should be approved or The Exchange also believes that any burden on competition that is not disapproved. notwithstanding the proposed rule necessary or appropriate in furtherance change, the Firm Sliding Scale and VIX of the purposes of the Act. Specifically, IV. Solicitation of Comments Sliding Scale will continue to the Exchange does not believe that the Interested persons are invited to incentivize option volume. proposed change will impose any submit written data, views, and Additionally, the Exchange notes that burden on intramarket competitions that arguments concerning the foregoing, lower fees for executing more contracts is not necessary or appropriate in including whether the proposed rule is equitable and not unfairly furtherance of the purposes of the Act change is consistent with the Act. discriminatory because it provides because the proposed change to the Comments may be submitted by any of market participants with an incentive to Proprietary Sliding Scales program and the following methods: Marketing Fee Program, will be applied execute more contracts on the Exchange. Electronic Comments This brings greater liquidity and trading equally to Clearing TPHs and Market- • opportunity, which benefits all market Makers, respectively. Use the Commission’s internet participants. The Exchange believes that The Exchange does not believe that comment form (http://www.sec.gov/ the proposed rule change will impose rules/sro.shtml); or the proposed change is not unfairly • discriminatory because it will apply to any burden on intermarket competition Send an email to rule-comments@ all Clearing TPHs uniformly. The that is not necessary or appropriate in sec.gov. Please include File Number SR– Exchange also believes offering lower furtherance of the purposes of the Act CBOE–2019–039 on the subject line. fees under the Proprietary Sliding Scale because the proposed change relating to Paper Comments to Clearing TPHs and not other market the Proprietary Sliding Scales program • Send paper comments in triplicate participants is equitable and not only affects Exchange proprietary to Secretary, Securities and Exchange unfairly discriminatory because products, which are traded exclusively Commission, 100 F Street NE, Clearing TPHs must take on certain on the Exchange. Additionally, the Washington, DC 20549–1090. obligations and responsibilities, such as proposed change to the Marketing Fee clearing and membership with the program, mirrors how other exchanges, All submissions should refer to File Options Clearing Corporation, as well as including Cboe EDGX, apply their Number SR–CBOE–2019–039. This file significant regulatory burdens and respective marketing fees. The Exchange number should be included on the financial obligations, that other market notes that neither proposed rule change subject line if email is used. To help the participants are not required to it intended as a competitive pricing Commission process and review your undertake. change, but rather as a change to comments more efficiently, please use The Exchange believes the proposed streamline and simplify both programs. only one method. The Commission will rule change to apply the Marketing Fee post all comments on the Commission’s C. Self-Regulatory Organization’s to all Market-Maker transactions that internet website (http://www.sec.gov/ Statement on Comments on the result from Customer orders (instead of rules/sro.shtml). Copies of the Proposed Rule Change Received From Customer orders that are from payment submission, all subsequent Members, Participants, or Others accepting firms or designate a amendments, all written statements Preferenced Market-Maker) is The Exchange neither solicited nor with respect to the proposed rule reasonable because the Marketing Fee received comments on the proposed change that are filed with the amount is not changing. Rather, the rule change. Commission, and all written communications relating to the proposed rule change results in the III. Date of Effectiveness of the proposed rule change between the Marketing Fee being applied uniformly Proposed Rule Change and Timing for Commission and any person, other than on all Market-Maker transactions where Commission Action the counterparty is a Customer. As those that may be withheld from the discussed above, the Exchange believes The foregoing rule change has become public in accordance with the the proposed change will not have a effective pursuant to Section 19(b)(3)(A) provisions of 5 U.S.C. 552, will be significant impact, as the vast majority of the Act 7 and paragraph (f) of Rule available for website viewing and of Market-Maker-to-Customer 19b–4 8 thereunder. At any time within printing in the Commission’s Public transactions are already subject to the 60 days of the filing of the proposed rule Reference Room, 100 F Street NE, Marketing Fee as (i) only a few order change, the Commission summarily may Washington, DC 20549 on official flow providers are not already payment temporarily suspend such rule change if business days between the hours of accepting firms and (ii) the majority of 10:00 a.m. and 3:00 p.m. Copies of the orders designate a Preferenced Market- 6 See e.g., Cboe EDGX Options Exchange Fee filing also will be available for Schedule, Marketing Fees, which provides the Maker. The Exchange also note that the marketing fees are charged to all Market Makers inspection and copying at the principal Marketing Fee program is designed to who are counterparties to a trade with a Customer. office of the Exchange. All comments attract additional order flow to the See also Nasdaq ISE, Options 7 Pricing Schedule, received will be posted without change; Exchange, which would increase Section 6(E), Marketing Fee and NYSE American the Commission does not edit personal Options Fee Schedule, Section IA, Options liquidity and benefit all market Transaction Fees and Credits, Marketing Charges identifying information from participants. Lastly, the proposed rule Per Contract for Electronic Transactions. submissions. You should submit only change enables a more streamlined 7 15 U.S.C. 78s(b)(3)(A). information that you wish to make administration of the Marketing Fee 8 17 CFR 240.19b–4(f). available publicly. All submissions

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should refer to File Number SR–CBOE– for which the subadviser does not 10f–3 (17 CFR 270.10f–3), 12d3–1 (17 2019–039 and should be submitted on provide investment advice. CFR 270.12d3–1), and 17e–1 (17 CFR or before September 3, 2019. To qualify for the exemptions in rule 270.17e–1), and because we believe that For the Commission, by the Division of 17a–10, the subadvisory relationship funds that use one such rule generally Trading and Markets, pursuant to delegated must be the sole reason why section use all of these rules, we apportion this authority.9 17(a) prohibits the transaction. In 3 hour time burden equally among all Jill M. Peterson, addition, the advisory contracts of the four rules. Therefore, we estimate that Assistant Secretary. subadviser entering into the transaction, the burden allocated to rule 17a-10 for [FR Doc. 2019–17233 Filed 8–12–19; 8:45 am] and any subadviser that is advising the this contract change would be 0.75 purchasing portion of the fund, must hours.8 Assuming that all 221 funds that BILLING CODE 8011–01–P prohibit the subadvisers from consulting enter into new subadvisory contracts with each other concerning securities each year make the modification to their SECURITIES AND EXCHANGE transactions of the fund, and limit their contract required by the rule, we COMMISSION responsibility to providing advice with estimate that the rule’s contract respect to discrete portions of the fund’s modification requirement will result in portfolio.4 This requirement regarding 166 burden hours annually, with an [SEC File No. 270–507, OMB Control No. the prohibitions and limitations in associated cost of approximately 3235–0563] advisory contracts of subadvisers $68,890.9 Proposed Collection; Comment relying on the rule constitutes a The estimate of average burden hours Request collection of information under the is made solely for the purposes of the PRA.5 PRA. The estimate is not derived from Upon Written Request, Copies Available The staff assumes that all existing a comprehensive or even a From: Securities and Exchange funds with subadvisory contracts representative survey or study of the Commission, Office of FOIA Services, amended those contracts to comply with costs of Commission rules. Complying 100 F Street, NE, Washington, DC the adoption of rule 17a–10 in 2003, with this collection of information 20549–2736 which conditioned certain exemptions requirement is necessary to obtain the Extension: upon these contractual alterations, and benefit of relying on rule 17a–10. Rule 17a–10 therefore there is no continuing burden Responses will not be kept confidential. for those funds.6 However, the staff An agency may not conduct or sponsor, Notice is hereby given that pursuant assumes that all newly formed to the Paperwork Reduction Act of 1995 and a person is not required to respond subadvised funds, and funds that enter to, a collection of information unless it (44 U.S.C. 3501 et seq.) (‘‘PRA’’) the into new contracts with subadvisers, Securities and Exchange Commission displays a currently valid control will incur the one-time burden by number. (the ‘‘Commission’’) is soliciting amending their contracts to add the comments on the collections of Written comments are invited on: (a) terms required by the rule. Whether the proposed collection of information summarized below. The Based on an analysis of fund filings, Commission plans to submit these information is necessary for the proper the staff estimates that approximately performance of the functions of the existing collections of information to the 221 funds enter into new subadvisory Office of Management and Budget 7 agency, including whether the agreements each year. Based on information will have practical utility; (‘‘OMB’’) for extension and approval. discussions with industry Section 17(a) of the Investment (b) the accuracy of the agency’s estimate representatives, the staff estimates that of the burden of the collection of Company Act of 1940 (15 U.S.C. 80a–1 it will require approximately 3 attorney et seq.) (the ‘‘Act’’), generally prohibits information; (c) ways to enhance the hours to draft and execute additional quality, utility, and clarity of the affiliated persons of a registered clauses in new subadvisory contracts in investment company (‘‘fund’’) from information collected; and (d) ways to order for funds and subadvisers to be minimize the burden of the collection of borrowing money or other property able to rely on the exemptions in rule from, or selling or buying securities or information on respondents, including 17a–10. Because these additional through the use of automated collection other property to or from, the fund or clauses are identical to the clauses that any company that the fund controls.1 techniques or other forms of information a fund would need to insert in their technology. Consideration will be given Section 2(a)(3) of the Act defines subadvisory contracts to rely on rules ‘‘affiliated person’’ of a fund to include to comments and suggestions submitted 2 in writing within 60 days of this its investment advisers. Rule 17a–10 4 17 CFR 270.17a–10(a)(2). (17 CFR 270.17a–10) permits (i) a 5 44 U.S.C. 3501. publication. subadviser 3 of a fund to enter into 6 Transactions of Investment Companies With transactions with funds the subadviser Portfolio and Subadviser Affiliates, Investment 8 This estimate is based on the following does not advise but that are affiliated Company Act Release No. 25888 (Jan. 14, 2003) [68 calculation: 3 hours ÷ 4 rules = 0.75 hours. FR 3153, (Jan. 22, 2003)]. We assume that funds 9 These estimates are based on the following persons of a fund that it does advise formed after 2003 that intended to rely on rule 17a– calculations: (0.75 hours × 221 portfolios = 166 (e.g., other funds in the fund complex), 10 would have included the required provision as burden hours); ($415 per hour × 166 hours = and (ii) a subadviser (and its affiliated a standard element in their initial subadvisory $68,890 total cost). The Commission’s estimates persons) to enter into transactions and contracts. concerning the wage rates for attorney time are 7 Based on data from Morningstar, as of March based on salary information for the securities arrangements with funds the subadviser 2019, there are 12,407 registered funds (open-end industry compiled by the Securities Industry and does advise, but only with respect to funds, closed-end funds (including interval funds), Financial Markets Association. The estimated wage discrete portions of the subadvised fund and exchange-traded funds), 4,609 funds of which figure is based on published rates for in-house have subadvisory relationships (approximately attorneys, modified to account for a 1,800-hour 37%). Based on data from the 2019 ICI publications, work-year and inflation, and multiplied by 5.35 to 9 17 CFR 200.30–3(a)(12). 597 new funds were established in 2018 (582 open- account for bonuses, firm size, employee benefits, 1 15 U.S.C. 80a–17(a). end funds and exchange-traded funds (from the and overhead, yielding an effective hourly rate of 2 15 U.S.C. 80a–2(a)(3)(E). 2019 ICI Fact Book) + 15 closed-end funds (from the $415. See Securities Industry and Financial Markets 3 As defined in rule 17a–10(b)(2). 17 CFR ICI Research Perspective, April 2019)). 597 new Association, Report on Management & Professional 270.17a–10(b)(2). funds × 37% = 221 funds. Earnings in the Securities Industry 2013.

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Please direct your written comments Percent 409 3rd Street SW, Suite 6050, to Charles Riddle, Acting Director/Chief Washington, DC 20416, (202) 205–6734. Information Officer, Securities and For Physical Damage: SUPPLEMENTARY INFORMATION: Notice is Exchange Commission, C/O Candace Homeowners with Credit Avail- hereby given that as a result of the Kenner, 100 F Street NE, Washington, able Elsewhere ...... 3.875 Administrator’s disaster declaration, DC 20549; or send an email to: PRA_ Homeowners without Credit Available Elsewhere ...... 1.938 applications for disaster loans may be [email protected]. Businesses with Credit Avail- filed at the address listed above or other Dated: August 7, 2019. able Elsewhere ...... 8.000 locally announced locations. Jill M. Peterson, Businesses without Credit The following areas have been Available Elsewhere ...... 4.000 determined to be adversely affected by Assistant Secretary. Non-Profit Organizations with the disaster: [FR Doc. 2019–17237 Filed 8–12–19; 8:45 am] Credit Available Elsewhere ... 2.750 Primary Parishes: Lincoln BILLING CODE 8011–01–P Non-Profit Organizations with- Contiguous Counties: out Credit Available Else- Louisiana: Bienville, Claiborne, where ...... 2.750 Jackson, Ouachita, Union. For Economic Injury: The Interest Rates are: SMALL BUSINESS ADMINISTRATION Businesses & Small Agricultural Cooperatives without Credit Percent Available Elsewhere ...... 4.000 [Disaster Declaration #16074 and #16075; Non-Profit Organizations with- CALIFORNIA Disaster Number CA–00308] For Physical Damage: out Credit Available Else- Homeowners with Credit Avail- where ...... 2.750 Administrative Declaration of a able Elsewhere ...... 4.125 Homeowners without Credit Disaster for the State of California The number assigned to this disaster Available Elsewhere ...... 2.063 AGENCY: U.S. Small Business for physical damage is 16074 2 and for Businesses with Credit Avail- Administration. economic injury is 16075 0. able Elsewhere ...... 8.000 The States which received an EIDL Businesses without Credit ACTION: Notice. Declaration # are California, Arizona, Available Elsewhere ...... 4.000 Nevada. Non-Profit Organizations with SUMMARY: This is a notice of an Credit Available Elsewhere ... 2.750 Administrative declaration of a disaster (Catalog of Federal Domestic Assistance Non-Profit Organizations with- for the State of CALIFORNIA dated 08/ Number 59008) out Credit Available Else- 07/2019. where ...... 2.750 Christopher Pilkerton, Incident: Earthquakes. For Economic Injury: Incident Period: 07/04/2019 through Acting Administrator. Businesses & Small Agricultural 07/12/2019. [FR Doc. 2019–17270 Filed 8–12–19; 8:45 am] Cooperatives Without Credit BILLING CODE 8026–03–P Available Elsewhere ...... 4.000 DATES: Issued on 08/07/2019. Non-Profit Organizations With- Physical Loan Application Deadline out Credit Available Else- Date: 10/07/2019. SMALL BUSINESS ADMINISTRATION where ...... 2.750 Economic Injury (EIDL) Loan Application Deadline Date: 05/07/2020. [Disaster Declaration #16076 and #16077; The number assigned to this disaster Louisiana Disaster Number LA–00091] ADDRESSES: Submit completed loan for physical damage is 16076 C and for applications to: U.S. Small Business economic injury is 16077 0. Administrative Declaration of a The State which received an EIDL Administration, Processing and Disaster for the State of Louisiana Disbursement Center, 14925 Kingsport Declaration # is Louisiana. Road, Fort Worth, TX 76155. AGENCY: U.S. Small Business (Catalog of Federal Domestic Assistance Number 59008) FOR FURTHER INFORMATION CONTACT: A. Administration. Escobar, Office of Disaster Assistance, ACTION: Notice. Christopher Pilkerton, U.S. Small Business Administration, SUMMARY: This is a notice of an Acting Administrator. 409 3rd Street SW, Suite 6050, Administrative declaration of a disaster [FR Doc. 2019–17318 Filed 8–12–19; 8:45 am] Washington, DC 20416, (202) 205–6734. for the State of Louisiana dated 08/08/ BILLING CODE 8026–03–P SUPPLEMENTARY INFORMATION: Notice is 2019. hereby given that as a result of the Incident: Severe Storms and Administrator’s disaster declaration, Tornadoes. SMALL BUSINESS ADMINISTRATION applications for disaster loans may be Incident Period: 04/24/2019 through [Disaster Declaration #15927 and #15928; filed at the address listed above or other 04/25/2019. Nebraska Disaster Number NE–00074] locally announced locations. DATES: Issued on 08/08/2019. The following areas have been Physical Loan Application Deadline Presidential Declaration Amendment of determined to be adversely affected by Date: 10/07/2019. a Major Disaster for Public Assistance the disaster: Economic Injury (EIDL) Loan Only for the State of Nebraska Application Deadline Date: 05/08/2020. Primary Counties: Kern, San AGENCY: U.S. Small Business Bernardino. ADDRESSES: Submit completed loan Administration. Contiguous Counties: applications to: U.S. Small Business ACTION: Amendment 5. California: Inyo, Kings, Los Angeles, Administration, Processing and Orange, Riverside, San Luis Obispo, Disbursement Center, 14925 Kingsport SUMMARY: This is an amendment of the Santa Barbara, Tulare, Ventura. Road, Fort Worth, TX 76155. Presidential declaration of a major Arizona: La Paz, Mohave. FOR FURTHER INFORMATION CONTACT: A. disaster for Public Assistance Only for Nevada: Clark. Escobar, Office of Disaster Assistance, the State of Nebraska (FEMA–4420–DR), The Interest Rates are: U.S. Small Business Administration, dated 04/05/2019.

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Incident: Severe Winter Storm, Disbursement Center, 14925 Kingsport The following areas have been Straight-line Winds, and Flooding. Road, Fort Worth, TX 76155. determined to be adversely affected by Incident Period: 03/09/2019 through FOR FURTHER INFORMATION CONTACT: A. the disaster: 07/14/2019. Escobar, Office of Disaster Assistance, Primary Counties: Allegheny DATES: Issued on 04/05/2019. U.S. Small Business Administration, Contiguous Counties: Physical Loan Application Deadline 409 3rd Street SW, Suite 6050, Pennsylvania: Armstrong, Beaver, Date: 06/04/2019. Washington, DC 20416, (202) 205–6734. Butler, Washington, Westmoreland. Economic Injury (EIDL) Loan SUPPLEMENTARY INFORMATION: The notice The Interest Rates are: Application Deadline Date: 01/06/2020. of the President’s major disaster ADDRESSES: Submit completed loan declaration for the State of NEBRASKA, Percent applications to: U.S. Small Business dated 03/21/2019, is hereby amended to Administration, Processing And For Physical Damage: establish the incident period for this Homeowners with Credit Avail- Disbursement Center, 14925 Kingsport disaster as beginning 03/09/2019 able Elsewhere ...... 3.875 Road, Fort Worth, TX 76155. through 07/14/2019. Homeowners without Credit FOR FURTHER INFORMATION CONTACT: A. All other information in the original Available Elsewhere ...... 1.938 Escobar, Office of Disaster Assistance, declaration remains unchanged. Businesses with Credit Avail- able Elsewhere ...... 8.000 U.S. Small Business Administration, (Catalog of Federal Domestic Assistance Businesses without Credit 409 3rd Street SW, Suite 6050, Number 59008) Washington, DC 20416, (202) 205–6734. Available Elsewhere ...... 4.000 Cynthia Pitts, Non-Profit Organizations with SUPPLEMENTARY INFORMATION: The notice Credit Available Elsewhere ... 2.750 of the President’s major disaster Acting Associate Administrator for Disaster Assistance. Non-Profit Organizations with- declaration for Private Non-Profit out Credit Available Else- organizations in the State of [FR Doc. 2019–17306 Filed 8–12–19; 8:45 am] where ...... 2.750 NEBRASKA, dated 04/05/2019, is BILLING CODE 8026–03–P For Economic Injury: hereby amended to establish the Businesses & Small Agricultural incident period for this disaster as Cooperatives without Credit SMALL BUSINESS ADMINISTRATION Available Elsewhere ...... 4.000 beginning 03/09/2019 through 07/14/ Non-Profit Organizations with- 2019. [Disaster Declaration #16072 and #16073; out Credit Available Else- All other information in the original where ...... 2.750 declaration remains unchanged. PENNSYLVANIA Disaster Number PA– 00099] (Catalog of Federal Domestic Assistance The number assigned to this disaster Number 59008) Administrative Declaration of a for physical damage is 16072 6 and for Disaster for the Commonwealth of economic injury is 16073 0. Cynthia Pitts, Pennsylvania The State which received an EIDL Acting Associate Administrator for Disaster Declaration # is Pennsylvania. Assistance. AGENCY: U.S. Small Business (Catalog of Federal Domestic Assistance [FR Doc. 2019–17307 Filed 8–12–19; 8:45 am] Administration. Number 59008) BILLING CODE 8025–01–P ACTION: Notice. Christopher Pilkerton, SUMMARY: This is a notice of an Acting Administrator. SMALL BUSINESS ADMINISTRATION Administrative declaration of a disaster [FR Doc. 2019–17268 Filed 8–12–19; 8:45 am] [Disaster Declaration #15896 and #15897; for the Commonwealth of Pennsylvania BILLING CODE 8026–03–P Nebraska Disaster Number NE–00073] dated 08/07/2019. Incident: Flash Flooding. Presidential Declaration Amendment of Incident Period: 07/21/2019 through SMALL BUSINESS ADMINISTRATION a Major Disaster for the State of 07/22/2019. Nebraska [Disaster Declaration #16080 and #16081; DATES: Issued on 08/07/2019. Muscogee (Creek) Nation Disaster Number Physical Loan Application Deadline AGENCY: U.S. Small Business OK–00133] Administration. Date: 10/07/2019. Economic Injury (EIDL) Loan Presidential Declaration of a Major ACTION: Amendment 6. Application Deadline Date: 05/07/2020. Disaster for Public Assistance Only for SUMMARY: This is an amendment of the ADDRESSES: Submit completed loan the Muscogee (Creek) Nation Presidential declaration of a major applications to: U.S. Small Business AGENCY: U.S. Small Business disaster for the State of Nebraska Administration, Processing and Administration. (FEMA–4420–DR), dated 03/21/2019. Disbursement Center, 14925 Kingsport ACTION: Notice. Incident: Severe Winter Storm, Road, Fort Worth, TX 76155. Straight-line Winds, and Flooding. FOR FURTHER INFORMATION CONTACT: A. SUMMARY: This is a Notice of the Incident Period: 03/09/2019 through Escobar, Office of Disaster Assistance, Presidential declaration of a major 07/14/2019. U.S. Small Business Administration, disaster for Public Assistance Only for DATES: Issued on 03/21/2019. 409 3rd Street SW, Suite 6050, the Muscogee (Creek) Nation located in Physical Loan Application Deadline Washington, DC 20416, (202) 205–6734. the State of Oklahoma (FEMA–4456– Date: 06/19/2019. SUPPLEMENTARY INFORMATION: Notice is DR), dated 08/07/2019. Economic Injury (EIDL) Loan hereby given that as a result of the Incident: Severe Storms, Straight-line Application Deadline Date: 12/23/2019. Administrator’s disaster declaration, Winds, Tornadoes, and Flooding. ADDRESSES: Submit completed loan applications for disaster loans may be Incident Period: 05/07/2019 through applications to: U.S. Small Business filed at the address listed above or other 06/09/2019. Administration, Processing and locally announced locations. DATES: Issued on 08/07/2019.

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Physical Loan Application Deadline for the Commonwealth of Virginia dated (Catalog of Federal Domestic Assistance Date: 10/07/2019. 08/07/2019. Number 59008) Economic Injury (EIDL) Loan Incident: Severe Weather and Christopher Pilkerton, Application Deadline Date: 05/07/2020. Flooding. Acting Administrator. ADDRESSES Incident Period: 07/06/2019 through : Submit completed loan [FR Doc. 2019–17274 Filed 8–12–19; 8:45 am] applications to: U.S. Small Business 07/08/2019. BILLING CODE 8026–03–P Administration, Processing and DATES: Issued on 08/07/2019. Disbursement Center, 14925 Kingsport Physical Loan Application Deadline Road, Fort Worth, TX 76155. Date: 10/07/2019. SMALL BUSINESS ADMINISTRATION FOR FURTHER INFORMATION CONTACT: A. Economic Injury (EIDL) Loan Escobar, Office of Disaster Assistance, Application Deadline Date: 05/07/2020. [Disaster Declaration #16031 and #16032; U.S. Small Business Administration, ADDRESSES: Submit completed loan MISSOURI Disaster Number MO–00097] 409 3rd Street SW, Suite 6050, applications to: U.S. Small Business Washington, DC 20416, (202) 205–6734. Administration, Processing and Presidential Declaration Amendment of SUPPLEMENTARY INFORMATION: Notice is Disbursement Center, 14925 Kingsport a Major Disaster for the State of hereby given that as a result of the Road, Fort Worth, TX 76155. Missouri President’s major disaster declaration on FOR FURTHER INFORMATION CONTACT: A. 08/07/2019, Private Non-Profit AGENCY: U.S. Small Business Escobar, Office of Disaster Assistance, Administration. organizations that provide essential U.S. Small Business Administration, services of a governmental nature may 409 3rd Street SW, Suite 6050, ACTION: Amendment 2. file disaster loan applications at the Washington, DC 20416, (202) 205–6734. address listed above or other locally SUMMARY: This is an amendment of the SUPPLEMENTARY INFORMATION: Notice is announced locations. Presidential declaration of a major hereby given that as a result of the The following areas have been disaster for the State of Missouri Administrator’s disaster declaration, determined to be adversely affected by (FEMA–4451–DR), dated 07/09/2019. applications for disaster loans may be the disaster: filed at the address listed above or other Incident: Severe Storms, Tornadoes, Primary Counties: Muscogee (Creek) locally announced locations. and Flooding. Nation The following areas have been Incident Period: 04/29/2019 through The Interest Rates are: determined to be adversely affected by 07/05/2019. the disaster: DATES: Issued on 08/05/2019. Percent Primary Counties: Arlington Physical Loan Application Deadline Contiguous Counties: For Physical Damage: Date: 09/09/2019. Non-Profit Organizations With Virginia: Alexandria (City), Fairfax, Economic Injury (EIDL) Loan Credit Available Elsewhere ... 2.750 Falls Church (City) Application Deadline Date: 04/09/2020. Non-Profit Organizations With- District of Columbia: District of ADDRESSES: Submit completed loan out Credit Available Else- Columbia where ...... 2.750 Maryland: Montgomery applications to: U.S. Small Business Administration, Processing and For Economic Injury: The Interest Rates are: Non-Profit Organizations With- Disbursement Center, 14925 Kingsport out Credit Available Else- Road, Fort Worth, TX 76155. Percent where ...... 2.750 FOR FURTHER INFORMATION CONTACT: A. For Physical Damage: Escobar, Office of Disaster Assistance, The number assigned to this disaster Homeowners with Credit Avail- U.S. Small Business Administration, for physical damage is 16080B and for able Elsewhere ...... 3.875 409 3rd Street SW, Suite 6050, economic injury is 160810. Homeowners without Credit Washington, DC 20416, (202) 205–6734. (Catalog of Federal Domestic Assistance Available Elsewhere ...... 1.938 Number 59008) Businesses with Credit Avail- SUPPLEMENTARY INFORMATION: The notice able Elsewhere ...... 8.000 of the President’s major disaster Rafaela Monchek, Businesses without Credit declaration for the State of Missouri, Acting Associate Administrator for Disaster Available Elsewhere ...... 4.000 dated 07/09/2019, is hereby amended to Assistance. Non-Profit Organizations with include the following areas as adversely Credit Available Elsewhere ... 2.750 [FR Doc. 2019–17271 Filed 8–12–19; 8:45 am] Non-Profit Organizations with- affected by the disaster: BILLING CODE 8026–03–P out Credit Available Else- Primary Counties (Physical Damage and where ...... 2.750 Economic Injury Loans): Callaway, For Economic Injury: Jefferson, Lewis, McDonald, SMALL BUSINESS ADMINISTRATION Businesses & Small Agricultural Newton, Saline. Cooperatives Without Credit [Disaster Declaration #16070 and #16071; Available Elsewhere ...... 4.000 Contiguous Counties (Economic Injury VIRGINIA Disaster Number VA–00080] Non-Profit Organizations With- Loans Only): Administrative Declaration of a out Credit Available Else- Missouri: Barry, Clark, Knox, Marion, where ...... 2.750 Disaster for the State of Virginia Saint Francois, Sainte Genevieve, Shelby, Washington. AGENCY: U.S. Small Business The number assigned to this disaster Arkansas: Benton. for physical damage is 160706 and for Administration. Illinois: Adams, Hancock, Monroe. ACTION: Notice. economic injury is 160710. The States which received an EIDL Oklahoma: Delaware, Ottawa. SUMMARY: This is a notice of an Declaration # are Virginia, District of All other information in the original Administrative declaration of a disaster Columbia, Maryland. declaration remains unchanged.

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(Catalog of Federal Domestic Assistance collection(s) to the OMB Desk Officer Secuirty Act (Act) to designate Number 59008) and SSA Reports Clearance Officer at individuals to serve as a representative Rafaela Monchek, the following addresses or fax numbers. payee should the need arise in the Acting Associate Administrator for Disaster (OMB) Office of Management and future. Section 201(j)(2) of the Act Assistance. Budget, Attn: Desk Officer for SSA, provides the requirements for selecting [FR Doc. 2019–17275 Filed 8–12–19; 8:45 am] Fax: 202–395–6974, Email address: a qualified representative payee. SSA _ only offers the option to advance BILLING CODE 8026–03–P OIRA [email protected]. (SSA) Social Security Administration, designate to capable adults and OLCA, Attn: Reports Clearance emancipated minors. Beneficiaries who have an assigned representative payee, SOCIAL SECURITY ADMINISTRATION Director, 3100 West High Rise, 6401 Security Blvd., Baltimore, MD 21235, or have a representative application in [Docket No: SSA–2019–0034] Fax: 410–966–2830, Email address: process, cannot advance designate. [email protected]. Form SSA–4547, Advance Designation Agency Information Collection Or you may submit your comments of Representative Payee, allows Activities: Proposed Request and beneficiaries or applicants the option to Comment Request online through www.regulations.gov, referencing Docket ID Number [SSA– designate individuals in order of The Social Security Administration 2019–0034]. priority, to serve as a representative. (SSA) publishes a list of information I. The information collection below is Beneficiaries or applicants can update collection packages requiring clearance pending at SSA. SSA will submit it to or change the advance designee order of by the Office of Management and OMB within 60 days from the date of priority at any time. SSA uses the Budget (OMB) in compliance with this notice. To be sure we consider your information on Form SSA–4547 to Public Law 104–13, the Paperwork comments, we must receive them no select a qualified representative payee Reduction Act of 1995, effective October later than October 15, 2019. Individuals in order of priority. If the selected 1, 1995. This notice includes one new, can obtain copies of the collection representative payee is unable or one extension, and revisions of OMB- instruments by writing to the above unwilling to serve, or meet SSA approved information collections. email address. requirements, SSA will select another SSA is soliciting comments on the Advance Representative Payee representative payee to serve in the accuracy of the agency’s burden Representative Payee Supporting beneficiaries and applicants best estimate; the need for the information; Statement for Advance Designation of interest. SSA will notify beneficiaries its practical utility; ways to enhance its Representative Payee—0960–NEW. On annually of the individuals they chose quality, utility, and clarity; and ways to April 13, 2018, the President signed into in advance to be their representative minimize burden on respondents, law The Strengthening Protections for payee. The respondents are SSA including the use of automated Social Security Beneficiaries Act of beneficiaries and claimants who want to collection techniques or other forms of 2018, also known as Public Law 115– choose an advance designate information technology. Mail, email, or 165. Section 201 of the law allows SSA representative. fax your comments and beneficiaries and applicants under Title Type of Request: Request for a new recommendations on the information II, Title VIII and Title XVI, of the Social information collection.

Total Average estimated Modality of completion Number of Frequency of burden per total annual responses response response burden (minutes) (hours)

SSA–4547—Paper Version ...... 85,733 1 6 8,573 SSA–4547—Intranet version (SSI Claims System; MCS; iMAIN) ...... 8,451,966 1 6 845,197 i4547—Internet version ...... 3,201,466 1 6 320,147

Totals ...... 11,739,165 ...... 1,173,917

II. SSA submitted the information to the United States Social Security representative payees outside the collections below to OMB for clearance. Administration—0960–0049. Section United States. This collection is Your comments regarding these 203(c) of the Act requires the mandatory as an annual (or every other information collections would be most Commissioner of SSA to make benefit year, depending on the country of useful if OMB and SSA receive them 30 deductions, and provides for the residence) review for fraud prevention. days from the date of this publication. Commissioner to impose penalty In addition, the results can affect To be sure we consider your comments, deductions on benefits of individuals benefits by increasing or decreasing we must receive them no later than who fail to make timely reports of payment amount or by causing SSA to September 12, 2019. Individuals can events, which are cause for deductions. suspend or terminate benefits. The obtain copies of the OMB clearance SSA uses Forms SSA–7161–OCR–SM respondents are individuals living packages by writing to and SSA–7162–OCR–SM to: (1) outside the United States who are [email protected]. Determine continuing entitlement to receiving benefits on their own (or on 1. Report to United States Social Social Security benefits; (2) correct behalf of someone else) under Title II of Security Administration by Person benefit amounts for beneficiaries the Act. Receiving Benefits for a Child or for an outside the United States; and (3) Type of Request: Revision of an OMB- Adult Unable to Handle Funds/Report monitor the performance of approved information collection.

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Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–7161–OCR–SM ...... 42,314 1 15 10,579 SSA–7162–OCR–SM ...... 426,448 1 5 35,537

Totals ...... 468,762 ...... 46,116

2. Waiver of Your Right to Personal evidence about their claims at a hearing completed form a part of the Appearance before an Administrative before an administrative law judge documentary evidence of record by Law Judge—20 CFR 404.948(b)(l)(i) and (ALJ). If claimants wish to waive this placing it in the official record of the 416.1448(b)(l)(i)—0960–0284. right to appear before an ALJ, they must proceedings as an exhibit. Respondents Applicants for Social Security, Old Age, do so in writing. Form HA–4608 serves are applicants or claimants for OASDI Survivors and Disability Insurance as a written waiver for the claimant’s and SSI, or their representatives, who (OASDI) benefits and Supplemental right to a personal appearance before an request to waive their right to appear in Security Income (SSI) payments have ALJ. The ALJ uses the information we person before an ALJ. the statutory right to appear in person, collect on Form HA–4608 to continue Type of Request: Revision of an OMB- or through a representative, and present processing the case, and makes the approved information collection.

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

HA–4608 ...... 12,000 1 2 400

3. Request for Social Security income derived. An individual may Social Security statements; and mail Statement—20 CFR 404.810—0960– complete and mail Form SSA–7004 to them to the requesters. The respondents 0466. Section 205(c)(2)(A) of the Act SSA to obtain a Statement of Earnings are Social Security number holders requires the Commissioner of SSA to or Quarters of Coverage. SSA uses the requesting information about their establish and maintain records of wages information Form SSA–7004 collects to Social Security earnings records and paid to, and amounts of self- identify respondent’s Social Security estimates of their potential benefits. employment income derived by, each earnings records; extract posted individual as well as the periods in earnings information; calculate potential Type of Request: Revision of an OMB- which such wages were paid and such benefit estimates; produce the resulting approved information collection.

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–7004 ...... 60,026 1 5 5,002

4. Function Report—Child (Birth to day-to-day functioning appropriate to a their impairment-related limitations. 1st Birthday, Age 1 to 3rd Birthday, Age particular age group; thus, respondents The adjudicative team uses the 3 to 6th Birthday, Age 6 to 12th use only one version of the form for completed profile to determine: (1) If Birthday, Age 12 to 18th Birthday)—20 each child. The adjudicative team each child’s impairment(s) results in CFR 416.912 and 416.924a(a)(2)—0960– (disability examiners and medical or marked and severe functional 0542. As part of SSA’s disability psychological consultants) of State limitations; and (2) whether each child determination process, we use Forms disability determination services offices is disabled. The respondents are parents SSA–3375–BK through SSA–3379–BK collect the information on the and guardians of child applicants for to request information from a child’s appropriate version of this form (in SSI. parent or guardian for children applying conjunction with medical and other for SSI. The five different versions of the evidence) to form a complete picture of Type of Request: Revision of an OMB- form contain questions about the child’s the children’s ability to function and approved information collection.

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–3375; SSA-3376; SSA-3377; SSA-3378; SSA–3379 ...... 579,000 1 20 193,000

5. Private Printing and Modification of Forms—20 CFR 422.527—0960–0663. Regulations requires a person, Prescribed Application and Other 20 CFR 422.527 of the Code of Federal institution, or organization (third-party

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entities) to obtain approval from SSA and regulations, and (2) process requests This is a correction notice. SSA prior to reproducing, duplicating, or from third-party entities who want to published this information collection as privately printing any application or reproduce, duplicate, or privately print a revision on June 4, 2019 at 84 FR other form the agency owns. To obtain any SSA application or other SSA form. 25891. Since we are not making any SSA’s approval, entities must make SSA employees review the requests and revisions to this collection, this is now their requests in writing using their provide approval via email or mail to an extension of an OMB-approved company letterhead, providing the the third-party entities. The respondents information collection. required information set forth in the are third-party entities who submit a regulation. SSA uses the information to: request to SSA to reproduce, duplicate, Type of Request: Extension of an (1) Ensure requests comply with the law or privately print an SSA-owned form. OMB-approved information collection.

Average Number of Frequency of Number of burden per Estimated total Regulation section respondents response responses response annual burden (minutes) (hours)

20 CFR 422.527 ...... 10 15 150 10 25

6. Letter to Custodian of Birth benefits, SSA can prepare the SSA– necessary, the authenticity of the record Records/Letter to Custodian of School L106, Letter to Custodian of School submitted by the SSN applicant or Records—20 CFR 404.704, 404.716, Records, or SSA–L706, Letter to claimant. The respondents are schools, 416.802, and 422.107—0960–0693. Custodian of Birth Records. SSA uses State and local bureaus of vital When individuals need help in the SSA–L706 to determine the statistics, and religious entities. obtaining evidence of their age in existence of primary evidence of age for Type of Request: Revision of an OMB- connection with Social Security number SSN applicants. SSA uses both letters to (SSN) card applications and claims for verify with the issuing entity, when approved information collection.

Average Estimated Number of Frequency of burden per total annual Modality of completion respondents response response burden (minutes) (hours)

SSA–L106—Private Sector...... 18 1 10 3 SSA–L106—State/Local/Tribal Government ...... 14 1 10 2 SSA–L706—Private Sector ...... 429 1 10 72 SSA–L706—State/Local/Tribal Government ...... 426 1 10 71

Totals ...... 887 ...... 148

7. Application Status—20 CFR type of claim(s) the caller filed based claim(s) they are calling about, an 401.45—0960–0763. Application Status upon the information provided. automated voice advises them of the provides users with the capability to Subsequently, the automated telephone status of their claim. The respondents check the status of their pending Social system provides callers with the option are current Social Security claimants Security claims via the National 800 to choose the claim for which they wish who wish to check on the status of their Number Automated Telephone Service. to obtain status. If the caller applied for claims. Users need their SSN and a multiple claims, the automated system confirmation number to access this allows the caller to select only one Type of Request: Revision of an OMB- information. SSA systems determine the claim at a time. Once callers select the approved information collection.

Average Estimated Number of Frequency of burden per total annual Modality of completion respondents response response burden (minutes) (hours)

Application Status—Automated Telephone System ...... 248,485 1 3 12,424

8. Government-to-Government receive files in return. The SSA systems SSA provides the user with account Services Online Website Registration that process data transferred via GSO information and conducts a Form; Government-to-Government include, but are not limited to, systems walkthrough of the GSO website as Services Online Website Account responsible for disability processing and necessary. Established organizations Modification/Deletion Form—20 CFR benefit determination or termination. may submit Form SSA–159 to register 401.45—0960–0757. The Government- SSA uses the information on Form additional users as well. The established to-Government Services Online (GSO) SSA–159, Government-to-Government requesting organizations can also website allows various external Online website Registration Form, to complete Form SSA–160, Government- organizations to submit files to a variety register the requestor to use the GSO to-Government Online website Account of SSA systems and, in some cases, website. Once we receive the SSA–159, Modification/Deletion Form, to modify

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their online accounts (e.g., address local government agencies, and some Type of Request: Revision of an OMB- change). Respondents are State and private sector business entities. approved information collection.

Average Estimated Number of Frequency of burden per total annual Modality of completion respondents response response burden (minutes) (hours)

SSA–159 ...... 1,151 1 15 288 SSA–160 ...... 410 1 15 103

Totals ...... 1,561 ...... 391

9. Evidence From Excluded Medical sources to self-report their excluded medical sources that: (1) Meet one of the Sources of Evidence—20 CFR 404.1503b status in writing each time they submit exclusionary categories set forth in and 416.903b—0960–0803. Pursuant to evidence related to a claim for benefits section 223(d)(5)(C)(i) of the Act, as its broad authority to regulate under under Titles II or XVI of the Act. amended; and (2) furnish evidence sections 205(a), 702(a)(5), and Excluded medical sources’ duty to self- related to a claim for benefits under 1631(d)(1) of the Act, SSA implemented report their excluded status apply to Titles II or XVI of the Act. section 223(d)(5)(C), as amended, evidence they submit to SSA directly or Type of Request: Revision of an OMB- through regulations at 20 CFR through a representative, claimant, or 404.1503b and 416.903b. These other individual or entity. The approved information collection. regulations require excluded medical respondents for this collection are

Average Estimated Number of Frequency of Number of burden per total annual Regulation section(s) respondents response responses response burden (minutes) (hours)

404.1503b(c), 416.903b(c)...... 50 60 3,000 20 1,000

Dated: August 8, 2019. these determinations be published in DEPARTMENT OF STATE Naomi Sipple, the Federal Register. Reports Clearance Officer, Social Security FOR FURTHER INFORMATION CONTACT: Chi [Delegation of Authority No. 474] Administration. Tran, Paralegal Specialist, Office of the [FR Doc. 2019–17281 Filed 8–12–19; 8:45 am] Delegation of Authority To Concur Legal Adviser, U.S. Department of State BILLING CODE 4191–02–P With Decisions by the Secretary of (telephone: 202–632–6471; email: Energy To Enter Into Agreements [email protected]). The mailing Relating to Contributions for Certain address is U.S. Department of State, L/ Nonproliferation Programs DEPARTMENT OF STATE PD, SA–5, Suite 5H03, Washington, DC 20522–0505. [Public Notice 10843] By virtue of the authority vested in SUPPLEMENTARY INFORMATION: The the Secretary of State, including section Notice of Determinations; Culturally foregoing determinations were made 1 of the State Department Basic Significant Objects Imported for pursuant to the authority vested in me Authorities Act, as amended (22 U.S.C. Exhibition—Determinations: ‘‘Lari by the Act of October 19, 1965 (79 Stat. 2651a), and to the extent authorized by Pittman: Declaration of Independence’’ 985; 22 U.S.C. 2459), Executive Order law, I hereby delegate to the Under Exhibition 12047 of March 27, 1978, the Foreign Secretary for Arms Control and SUMMARY: Notice is hereby given of the Affairs Reform and Restructuring Act of International Security the authority to following determinations: I hereby 1998 (112 Stat. 2681, et seq.; 22 U.S.C. concur with decisions by the Secretary determine that certain objects to be 6501 note, et seq.), Delegation of of Energy to enter into agreements included in the exhibition ‘‘Lari Authority No. 234 of October 1, 1999, relating to contributions for certain Pittman: Declaration of Independence,’’ and Delegation of Authority No. 236–3 Department of Energy nonproliferation imported from abroad for temporary of August 28, 2000. programs, as described in 50 U.S.C. exhibition within the United States, are 2569(f). Marie Therese Porter Royce, of cultural significance. The objects are Assistant Secretary, Bureau of Educational The Secretary or the Deputy Secretary imported pursuant to a loan agreement may at any time exercise any authority with the foreign owner or custodian. I and Cultural Affairs, Department of State. [FR Doc. 2019–17335 Filed 8–12–19; 8:45 am] or function delegated by this delegation also determine that the exhibition or of authority. Any act, authority, or BILLING CODE 4710–05–P display of the exhibit objects at the procedure subject to, or affected by, this Hammer Museum, Los Angeles, delegation shall be deemed to be such California, from on or about September act, authority, or procedure as amended 29, 2019, until on or about January 5, from time to time. 2020, and at possible additional exhibitions or venues yet to be This delegation of authority shall be determined, is in the national interest. published in the Federal Register. I have ordered that Public Notice of

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Dated: July 2, 2019. Title: Medical Standards and Highway Routing.’’ The information Michael R. Pompeo, Certification. reported by States and Indian tribes is Secretary of State, Department of State. Form Numbers: FAA Forms 8500–7, necessary to identify designated/ [FR Doc. 2019–17321 Filed 8–12–19; 8:45 am] 8500–8, 8500–14. restricted routes and restrictions or Type of Review: Renewal of an BILLING CODE 4710–27–P limitations affecting how motor carriers information collection. may transport certain hazardous Background: The Secretary of materials on their highways, including Transportation collects this information dates that such routes were established DEPARTMENT OF TRANSPORTATION under the authority of 49 U.S.C. 40113; and information on subsequent changes Federal Aviation Administration 44701; 44510; 44702; 44703; 44709; or new hazardous materials routing 45303; and 80111. The FAA medical designations. [Docket No. 2019–0599] certification program is implemented by DATES: We must receive your comments Title 14 Code of Federal Regulations on or before October 11, 2019. Agency Information Collection (CFR) parts 61 and 67 (14 CFR parts 61 Activities: Requests for Comments; and 67). The Federal Aviation ADDRESSES: You may submit comments Clearance of Renewed Approval of Administration (FAA) determines if identified by Federal Docket Information Collection: Medical applicants are medically qualified to Management System (FDMS) Docket Standards and Certification perform the duties associated with the Number FMCSA–2019–0140 using any class of medical certificate sought by of the following methods: AGENCY: Federal Aviation • evaluating the information applicants Federal eRulemaking Portal: http:// Administration (FAA), DOT. provide on FAA Form 8500–8. Also, the www.regulations.gov. Follow the online ACTION: Notice and request for instructions for submitting comments. agency uses two vision forms, as • comments. indicated, for individuals who may Fax: 1–202–493–2251. • Mail: Docket Management Facility; SUMMARY: In accordance with the need further eye evaluation. Respondents: 405,345 (all three U.S. Department of Transportation, 1200 Paperwork Reduction Act of 1995, FAA New Jersey Avenue SE, West Building, invites public comments about our forms). Frequency: On occasion. Ground Floor, Room W12–140, intention to request the Office of Estimated Average Burden per Washington, DC 20590–0001. • Management and Budget (OMB) Response: 1.5 Hours. Hand Delivery or Courier: U.S. approval to renew an information Estimated Total Annual Burden: Department of Transportation, 1200 collection. The collection involves 585,517 Hours. New Jersey Avenue SE, West Building, information applicants must provide on Ground Floor, Room W12–140, an application for an FAA medical Issued in Washington, DC, on August 7, 2019. Washington, DC 20590–0001 between 9 certificate. The information to be a.m. and 5 p.m. e.t., Monday through Nicole Harrison, collected will be used to evaluate an Friday, except Federal holidays. applicant’s medical fitness. Management and Program Analyst, Office of Instructions: All submissions must Aerospace Medicine, Management and include the Agency name and docket DATES: Written comments should be Personnel Systems Branch, AAM–120. submitted by October 15, 2019. number. For detailed instructions on [FR Doc. 2019–17235 Filed 8–12–19; 8:45 am] ADDRESSES: submitting comments, see the Public Please send written BILLING CODE 4910–13–P comments: Participation heading below. Note that all comments received will be posted By Electronic Docket: without change to http:// www.regulations.gov (Enter docket DEPARTMENT OF TRANSPORTATION www.regulations.gov, including any number into search field) personal information provided. Please By mail: Nicole Harrison, Federal Federal Motor Carrier Safety see the Privacy Act heading below. Aviation Administration, AAM–120, Administration Docket: For access to the docket to 800 Independence Ave. SW, [Docket No. FMCSA–2019–0140] read background documents or Washington, DC 20591 comments received, go to http:// Agency Information Collection FOR FURTHER INFORMATION CONTACT: Judi www.regulations.gov, and follow the Activities; Extension of an Approved Citrenbaum by email at: online instructions for accessing the Information Collection Request: [email protected]; phone: dockets, or go to the street address listed Transportation of Hazardous Materials, 202–267–9689. above. Highway Routing SUPPLEMENTARY INFORMATION: Privacy Act: In accordance with 5 Public Comments Invited: You are AGENCY: Federal Motor Carrier Safety U.S.C. 553(c), DOT solicits comments asked to comment on any aspect of this Administration (FMCSA), U.S. from the public to better inform its information collection, including (a) Department of Transportation (DOT). rulemaking process. DOT posts these Whether the proposed collection of ACTION: Notice and request for comments, without edit, including any information is necessary for FAA’s comments. personal information the commenter performance; (b) the accuracy of the provides, to www.regulations.gov, as estimated burden; (c) ways for FAA to SUMMARY: In accordance with the described in the system of records enhance the quality, utility and clarity Paperwork Reduction Act of 1995, notice (DOT/ALL–14 FDMS), which can of the information collection; and (d) FMCSA announces its plan to submit be reviewed at www.dot.gov/privacy. ways that the burden could be the Information Collection Request (ICR) Public Participation: The Federal minimized without reducing the quality described below to the Office of eRulemaking Portal is available 24 of the collected information. The agency Management and Budget (OMB) for its hours each day, 365 days each year. You will summarize and/or include your review and approval and invites public can obtain electronic submission and comments in the request for OMB’s comment. FMCSA requests approval to retrieval help and guidelines under the clearance of this information collection. extend an existing ICR titled, ‘‘help’’ section of the Federal OMB Control Number: 2120–0034. ‘‘Transportation of Hazardous Materials, eRulemaking Portal website. If you want

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us to notify you that we received your Estimated Total Annual Burden: 7 Hand Brakes, and E4, Safety Appliances comments, please include a self- hours [57 annual respondents × 1 for Tank Cars with End Ladders and addressed, stamped envelope or response per 2 years × 15 minutes per Low Side-Mounted Handbrakes. postcard, or print the acknowledgement response/60 minutes per response = Appendices E3 and E4 were not page that appears after submitting 7.125 hours rounded to 7 hours]. included in the version of AAR comments online. Comments received Public Comments Invited: You are Standard S–2044 approved September after the comment closing date will be asked to comment on any aspect of this 26, 2018, and are entirely new. included in the docket and will be information collection, including: (1) Additionally, AAR seeks approval of considered to the extent practicable. Whether the proposed collection is minor edits to previously-approved S– FOR FURTHER INFORMATION CONTACT: Ms. necessary for the performance of 2044 and its appendices, as shown in Suzanne Rach, Office of Enforcement FMCSA’s functions; (2) the accuracy of Attachment 2 to the petition. AAR S– and Compliance, Hazardous Materials the estimated burden; (3) ways for 2044 and its appendices have been Division, FMCSA, West Building 6th FMCSA to enhance the quality, developed to serve as requirements for Floor, 1200 New Jersey Avenue SE, usefulness, and clarity of the collected safety appliance arrangements. The Washington, DC 20590. Telephone: information; and (4) ways that the revised standard and its appendices are 202–385–2307; email suzanne.rach@ burden could be minimized without to be applied to new railroad freight dot.gov. reducing the quality of the collected cars, if approved by FRA. information. The agency will summarize A copy of the petition, as well as any SUPPLEMENTARY INFORMATION: or include your comments in the request written communications concerning the Background: The data for the for OMB’s clearance of this information petition, is available for review online at Transportation of Hazardous Materials; collection. www.regulations.gov and in person at Highway Routing ICR is collected under Issued under the authority of 49 CFR the Department of Transportation’s authority of 49 U.S.C. 5112 and 5125. 1.87 on: (DOT) Docket Operations Facility, 1200 Specifically, 49 U.S.C. 5112(c) requires New Jersey Avenue SE, W12–140, Dated: August 8, 2019. that the Secretary, in coordination with Washington, DC 20590. The Docket the States, ‘‘shall update and publish Kelly Regal, Operations Facility is open from 9 a.m. periodically a list of currently effective Associate Administrator for Office of to 5 p.m., Monday through Friday, hazardous material highway route Research and Information Technology. except Federal Holidays. designations.’’ [FR Doc. 2019–17343 Filed 8–12–19; 8:45 am] Interested parties are invited to In 49 CFR 397.73, FMCSA requires BILLING CODE 4910–EX–P participate in these proceedings by that each State and Indian tribe, through submitting written views, data, or its routing agency, provide information comments. FRA does not anticipate identifying new, or changes to existing, DEPARTMENT OF TRANSPORTATION scheduling a public hearing about these hazardous materials routing Federal Railroad Administration proceedings since the facts do not designations within its jurisdiction appear to warrant a hearing. If any within 60 days after their establishment [Docket Number FRA–2013–0081] interested party desires an opportunity (or 60 days of the change). That for oral comment, they should notify information is collected and Petition for Special Approval FRA, in writing, before the end of the consolidated by FMCSA and published comment period and specify the basis annually, in whole or as updates, in the Under part 211 of title 49 Code of Federal Regulations (CFR), this for their request. Federal Register at https:// All communications concerning these document provides the public notice www.fmcsa.dot.gov/. proceedings should identify the that on June 6, 2019, the Association of Title: Transportation of Hazardous appropriate docket number and may be American Railroads (AAR) petitioned Materials, Highway Routing. submitted by any of the following the Federal Railroad Administration OMB Control Number: 2126–0014. methods: Type of Request: Extension of a (FRA) for a special approval of certain • Website: http:// currently-approved information industry standards in accordance with www.regulations.gov/. Follow the online collection. the Federal railroad safety regulations instructions for submitting comments. Respondents: The reporting burden is contained at 49 CFR 231.33, Procedure • Fax: 202–493–2251. shared by 50 States, the District of for special approval of existing industry • Mail: Docket Operations Facility, Columbia, Indian tribes with designated safety appliance standards, and 49 CFR U.S. Department of Transportation, 1200 routes, and U.S. Territories including; 231.35, Procedure for modification of an New Jersey Avenue SE, W12–140, Puerto Rico, American Samoa, Guam, approved industry safety appliance Washington, DC 20590. the Commonwealth of the Northern standard for new railcar construction. • Hand Delivery: 1200 New Jersey Mariana Islands and the U.S. Virgin FRA assigned the petition Docket Avenue SE, Room W12–140, Islands. Number FRA–2013–0081. Washington, DC 20590, between 9 a.m. Estimated Number of Respondents: 57 AAR, on behalf of itself and its and 5 p.m., Monday through Friday, [36 States plus the District of Columbia, member railroads, submitted a petition except Federal Holidays. with designated hazardous materials for special approval of existing industry Communications received by highway routes + 19 States/U.S. safety appliance standards contained in September 27, 2019, will be considered Territories without designated 49 CFR part 231, and minor edits to by FRA before final action is taken. hazardous materials highway routes + 1 AAR Standard S–2044 and its Comments received after that date will Indian tribe with a designated route = appendices that have been previously be considered if practicable. 57]. approved by FRA. Specifically, AAR Anyone can search the electronic Estimated Time per Response: 15 requests approval of the standards and form of any written communications minutes. specifications delineated in AAR and comments received into any of our Expiration Date: April 30, 2020. Standard S–2044, Appendices E3, dockets by the name of the individual Frequency of Response: Once every Safety Appliances for Tank Cars with submitting the comment (or signing the two years. Side Ladders and Low Side-Mounted document, if submitted on behalf of an

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association, business, labor union, etc.). Defects and Noncompliance In support of its petition, MNA Under 5 U.S.C. 553(c), DOT solicits Responsibility and Reports. MNA submitted the following arguments: comments from the public to better subsequently petitioned NHTSA on 1. Functionality: Truck tires normally inform its processes. DOT posts these June 18, 2018, for an exemption from have 6 treadwear indicators spaced comments, without edit, including any the notification and remedy equally around the circumference of the personal information the commenter requirements of 49 U.S.C. Chapter 301 tire. The function of these indicators is provides, to www.regulations.gov, as on the basis that this noncompliance is to enable a person inspecting the tire to described in the system of records inconsequential as it relates to motor determine visually whether the tire has notice (DOT/ALL–14 FDMS), which can vehicle safety pursuant to 49 U.S.C. worn to a tread depth of 1.6 mm (1/16 be reviewed at https:// 20118(d) and 30120(h) and 49 CFR part in). In the case where tires have 6 www.transportation.gov/privacy. See 556, Exemption for Inconsequential treadwear indicators spaced equally also https://www.regulations.gov/ Defect or Noncompliance. around the tire, the indicators would privacyNotice for the privacy notice of Notice of receipt of MNA’s petition appear at 60 degree intervals around the regulations.gov. was published with a 30-day public circumference of the tread. In the case of the subject tires, the 4 treadwear Issued in Washington, DC. comment period, on December 6, 2018, in the Federal Register (83 FR 62951). indicators are equally spaced; thus, John Karl Alexy, appearing at 90 degree intervals around Associate Administrator for Railroad Safety, No comments were received. To view the petition and all supporting the circumference of the tread area of Chief Safety Officer. the tire. When normally loaded, [FR Doc. 2019–17228 Filed 8–12–19; 8:45 am] documents log onto the Federal Docket Management System (FDMS) website at approximately 10 percent of the tread BILLING CODE 4910–06–P https://www.regulations.gov/. Then band is in contact with the road surface. follow the online search instructions to In most truck applications, the remaining 90 percent of the tread band DEPARTMENT OF TRANSPORTATION locate docket number ‘‘NHTSA–2018– 0072.’’ is accessible for inspection. In the event that a vehicle is parked with one of the National Highway Traffic Safety II. Tires Involved treadwear indicators positioned in the Administration Approximately 752 Michelin XZL size ground contact patch area, three other [Docket No. NHTSA–2018–0072; Notice 2] 16.00R20 tires manufactured between treadwear indicators would be accessible around the circumference of January 19, 2018, and April 9, 2018, are Michelin North America, Inc., Grant of the tire. potentially involved. Petition for Decision of In addition, MNA tires have a molded Inconsequential Noncompliance III. Noncompliance ‘‘Bib’’ symbol on the tread shoulder to indicate the location of the treadwear AGENCY: National Highway Traffic MNA explains that the indicator. These molded symbols aid Safety Administration (NHTSA), noncompliance was due to a mold error the person inspecting the tire to visually Department of Transportation (DOT). which left the subject tires with fewer locate the treadwear indicator and ACTION: Grant of petition. than the required number of treadwear determine if the tire has worn to the indicators specified in paragraph S6.4 of extent that the tread depth is 1.6 mm (1/ SUMMARY: Michelin North America, Inc. FMVSS No. 119. Specifically, the tires (MNA) has determined that certain 16 in) or less. were manufactured with 4 rows of 2. NHTSA’s Prior Decisions: NHTSA Michelin XZL brand tires do not fully treadwear indicators instead of the has previously granted Petitions for comply with Federal Motor Vehicle required minimum of 6 treadwear Determination of Inconsequential Safety Standard (FMVSS) No. 119, New indicators. Noncompliance in similar cases related Pneumatic Tires for Motor Vehicles with to 49 CFR 571.119 S6.4 treadwear a GVWR of more than 4,536 kilograms IV. Rule Requirements indicators. (10,000 lbs.) and Motorcycles. MNA Paragraph S6.4 of FMVSS No. 119, On August 19, 2014, NHTSA issued a filed a noncompliance report dated May includes the requirements relevant to Grant of Petition to Cooper Tire and 21, 2018, and subsequently petitioned this petition: Rubber Company with the following NHTSA on June 15, 2018, for a decision • Each tire shall have at least six comments: that the subject noncompliance is treadwear indicators spaced ‘‘NHTSA Analysis: The purpose for inconsequential as it relates to motor approximately equally around the tire treadwear indicators is to serve as vehicle safety. circumference of the tire that enable a a means for a person to visually inspect FOR FURTHER INFORMATION CONTACT: person inspecting the tire to determine a tire’s tread depth and readily Abraham Diaz, Office of Vehicle Safety visually whether the tire has worn to a determine if a tire has worn to the extent Compliance, NHTSA, telephone (202) tread depth of 1.6 mm (one-sixteenth of that tread depth is 1.6 mm (one- 366–5310, facsimile (202) 366–3081. an inch). Tires with a rim diameter code sixteenth of an inch) or less. SUPPLEMENTARY INFORMATION: of 12 or smaller shall have at least three Cooper stated that while the subject such treadwear indicators. Motorcycle tires were molded with only five I. Overview tires shall have at least three such treadwear indicators that it believes that MNA has determined that certain indicators which permit visual those indicators still provide ample Michelin brand tires do not fully determination that the tire has worn to coverage over the surface of the tire. comply with paragraph S6.4 of Federal a tread depth of 0.8 mm (one-thirty- NHTSA agrees with Cooper that in this Motor Vehicle Safety Standard (FMVSS) second of an inch). case the subject noncompliance will No. 119, New Pneumatic Tires for Motor have no significant effect on the safety V. Summary of Petition Vehicles with a GVWR of more than of the vehicles on which the subject tires 4,536 kilograms (10,000 lbs.) and MNA described the subject are mounted. The subject tires have five Motorcycles (49 CFR 571.119). MNA noncompliance and stated its belief that indicators; 4 indicators spaced at 60 filed a noncompliance report dated May the noncompliance is inconsequential degrees and one indicator spaced at 120 21, 2018, pursuant to 49 CFR part 573, as it relates to motor vehicle safety. degrees. NHTSA believes that in this

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case, the absence of a single indicator particular noncompliance is DEPARTMENT OF TRANSPORTATION does not significantly affect a person’s inconsequential to motor vehicle safety. ability to visually inspect a tire and The agency believes that the purpose of Pipeline and Hazardous Materials readily recognize when a significant the treadwear indicators is to serve as a Safety Administration portion of the tire’s tread is worn to the means for a person to visually inspect point that a tire should be replaced.’’ [Docket No. PHMSA–2019–0149; PDA– and determine if a tire has worn to the 40(R)] In the Cooper decision, it is relevant extent of the tread depth, which is 1.6 to note: mm (one-sixteenth of an inch) or less. Hazardous Materials: The State of (a) While the Cooper Mickey Washington Crude Oil By Rail—Vapor Thompson Baja MTZ tires had only one After review of the petition, NHTSA Pressure Requirements missing treadwear indicator, the agrees with the petition that this maximum circumferential space noncompliance will have no significant AGENCY: Pipeline and Hazardous between the two most distant treadwear impact on the safety of the vehicles on Materials Safety Administration indicators was 120 degrees. NHTSA which the subject tires are mounted. (PHMSA), DOT. determined that this confirmation of The subject tires have four indicators ACTION: Notice, and extension of treadwear indicators does not spaced at 90 degrees around the comment period. significantly affect a person’s ability to circumference of the tread pattern of the inspect a tire. In MNA’s case, the tire. The absence of two indicators does SUMMARY: PHMSA is extending the maximum circumferential space not significantly affect the end user’s period for comments on the State of between the two most distant treadwear ability to visually inspect a tire and North Dakota and the State of Montana’s indicators is less, at 90 degrees. recognize when the tire’s tread has been application for an administrative (b) The Cooper petition cites a Grant worn to the point that it needs to be determination as to whether Federal of Petition issued to Motor Bikes replaced. hazardous material transportation law Imports, Inc. in 1987 which included a preempts the State of Washington’s 49 CFR 571.119 S6.4 noncompliance VII. NHTSA’s Decision rules relating to the volatility of crude related to motor bike tires with only l oil received in the state. treadwear indicator. NHTSA’s decision In consideration of the foregoing, DATES: Comments received on or before NHTSA has decided that MNA has met stated a ‘‘relatively small number of September 23, 2019, and rebuttal its burden of persuasion that the FMVSS tires which remain in use nevertheless comments received on or before October No. 119 noncompliance is bear one treadwear indicator’’ 23, 2019, will be considered before an concluding the existence of only a inconsequential to motor vehicle safety. administrative determination is issued single treadwear indicator combined Accordingly, MNA’s petition is hereby by PHMSA’s Chief Counsel. Rebuttal with the relatively low volume of tires granted and MNA is exempted from the comments may discuss only those in the market were inconsequential as obligation of providing notification of, issues raised by comments received they relate to motor vehicle safety. and a remedy for, that noncompliance during the initial comment period and 3. Product Performance & Monitoring: under 49 U.S.C. 30118 and 30120. may not discuss new issues. MNA has no indication through our customer care network, fleet contacts or NHTSA notes that the statutory ADDRESSES: All documents in this field engineers, of any issues related to provisions (49 U.S.C. 30118(d) and proceeding, including North Dakota and monitoring and measuring of treadwear 30120(h)) that permit manufacturers to Montana’s application and all on the l6.00R20 XZL tires. The lack of file petitions for a determination of comments received, may be reviewed in two treadwear indicators on the tire was inconsequentiality allows NHTSA to the Docket Operations Facility (M–30), detected in the manufacturing process. exempt manufacturers only from the U.S. Department of Transportation, We have no customer complaints or duties found in sections 30118 and West Building Ground Floor, Room warranty claims related to the reduced 30120, respectively, to notify owners, W12–140, 1200 New Jersey Avenue SE, number of treadwear indicators. The purchasers, and dealers of a defect or Washington, DC 20590. All documents reduced number of treadwear indicators noncompliance and to remedy the in this proceeding are also available on has no impact on product performance. defect or noncompliance. Therefore, this the U.S. Government Regulations.gov Product performance and customer decision only applies to the subject tires website: http://www.regulations.gov. satisfaction of the subject tires is that MNA no longer controlled at the Comments must refer to Docket No. equivalent to tires produced with 6 time it determined that the PHMSA–2019–0149 and may be treadwear indicators. The tires comply noncompliance existed. However, the submitted by any of the following with all safety standards and tire methods: granting of this petition does not relieve • marking requirements of 49 CFR equipment distributors and dealers of Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the 571.119. the prohibitions on the sale, offer for online instructions for submitting MNA concluded by expressing the sale, or introduction or delivery for comments. belief that the subject noncompliance is introduction into interstate commerce of • Fax: 1–202–493–2251. inconsequential as it relates to motor the noncompliant tires under their vehicle safety, and that its petition to be • Mail: Docket Operations Facility control after MNA notified them that the (M–30), U.S. Department of exempted from providing notification of subject noncompliance existed. the noncompliance, as required by 49 Transportation, West Building Ground U.S.C. 30118, and a remedy for the Authority: (49 U.S.C. 30118, 30120: Floor, Room W12–140, 1200 New Jersey noncompliance, as required by 49 delegations of authority at 49 CFR 1.95 and Avenue SE, Washington, DC 20590. U.S.C. 30120, should be granted. 501.8). • Hand Delivery: Docket Operations Facility (M–30), U.S. Department of VI. NHTSA’s Analysis Otto G. Matheke III, Transportation, West Building Ground NHTSA has evaluated the merits of Director, Office of Vehicle Safety Compliance. Floor, Room W12–140, 1200 New Jersey MNA’s inconsequential noncompliance [FR Doc. 2019–17339 Filed 8–12–19; 8:45 am] Avenue SE, Washington, DC 20590, petition and has determined that this BILLING CODE 4910–59–P between 9:00 a.m. and 5:00 p.m.,

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Monday through Friday, except Federal listing of all inconsistency rulings and volatility of crude oil transported in holidays. preemption determinations, is available Washington state for loading and A copy of each comment must also be through PHMSA’s home page at http:// unloading, amounts to a de facto ban on sent to (1) Wayne Stenehjem, Attorney phmsa.dot.gov. From the home page, Bakken 1 crude. General, The State of North Dakota, click on ‘‘Regulations and Compliance,’’ PHMSA published a notice of the Office of the Attorney General, 600 East then on ‘‘Standards & Rulemaking,’’ State of North Dakota and the State of Boulevard Avenue, Department 125, then on ‘‘Hazardous Materials Standards Montana’s application in the Federal Bismarck, ND 58505–0040, and (2) Tim and Rulemaking,’’ then on ‘‘Preemption Register on July 24, 2019 (84 FR Fox, Attorney General, The State of Determinations’’ located on the left side 35707).2 On July 29, 2019, the State of Montana, Office of the Attorney of the page. A paper copy of the index Washington asked us for an extension of General, Justice Building, Third Floor, will be provided at no cost upon request time in which to file comments. The 215 North Sanders, Helena, MT 59620– to Mr. Lopez, at the address and State of Washington believes the 1401. A certification that a copy has telephone number set forth in the FOR original 30-day comment period is an been sent to these persons must also be FURTHER INFORMATION CONTACT section inadequate amount of time for it and included with the comment. (The below. other interested parties to thoroughly following format is suggested: I certify FOR FURTHER INFORMATION CONTACT: and properly comment on the that copies of this comment have been Vincent Lopez, Office of Chief Counsel, application. sent to Mr. Stenehjem and Mr. Fox at Pipeline and Hazardous Materials Safety After review of the State of the addresses specified in the Federal Administration, U.S. Department of Washington’s request, we have granted Register.’’) Transportation, 1200 New Jersey its request. Anyone is able to search the Avenue SE, Washington, DC 20590; Issued in Washington, DC, on August 7, electronic form of all comments Telephone No. 202–366–4400; 2019. received into any of our dockets by the Facsimile No. 202–366–7041. Paul J. Roberti, name of the individual submitting the SUPPLEMENTARY INFORMATION: The State Chief Counsel. comment (or signing a comment of North Dakota and the State of [FR Doc. 2019–17255 Filed 8–12–19; 8:45 am] submitted on behalf of an association, Montana have applied to PHMSA for a BILLING CODE 4910–60–P business, labor union, etc.). You may determination whether Federal review DOT’s complete Privacy Act hazardous material transportation law, 1 According to the applicants, North Dakota and Statement in the Federal Register 49 U.S.C. 5101 et seq., preempts the Montana are home to the Bakken Shale Formation, published on April 11, 2000 (65 FR State of Washington’s Engrossed a subsurface formation within the Williston Basin. 19477–78), or you may visit http:// Substitute Senate Bill 5579, Crude Oil It is one of the top oil-producing regions in the www.regulations.gov. By Rail—Vapor Pressure. Specifically, country and one of the largest oil producers in the A subject matter index of hazardous North Dakota and Montana allege the world. materials preemption cases, including a law, which purports to regulate the 2 https://www.govinfo.gov/content/pkg/FR-2019- 07-24/pdf/2019-15675.pdf.

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Part II

Department of Commerce

National Oceanic and Atmospheric Administration 50 CFR Part 218 Takes of Marine Mammals Incidental to Specified Activities: Taking Marine Mammals Incidental to U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active Sonar Training and Testing in the Central and Western North Pacific Ocean and Eastern Indian Ocean; Rules

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DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: Background The MMPA prohibits the ‘‘take’’ of National Oceanic and Atmospheric Purpose for Regulatory Action marine mammals, with certain Administration These regulations, issued under the exceptions. Sections 101(a)(5)(A) and authority of the MMPA (16 U.S.C. 1361 (D) of the MMPA (16 U.S.C. 1361 et 50 CFR Part 218 et seq.), establish a framework for seq.) direct the Secretary of Commerce [190731–0008] authorizing the take of marine mammals (as delegated to NMFS) to allow, upon incidental to the Navy’s use of RIN 0648–BI42 request, the incidental, but not SURTASS LFA sonar systems onboard intentional, taking of small numbers of U.S. Navy surveillance ships for training Takes of Marine Mammals Incidental to marine mammals by U.S. citizens who and testing activities (categorized as Specified Activities: Taking Marine engage in a specified activity (other than military readiness activities) conducted Mammals Incidental to U.S. Navy commercial fishing) within a specified under the authority of the Secretary of Surveillance Towed Array Sensor geographical region if certain findings the Navy in the western and central System Low Frequency Active Sonar are made and either regulations are North Pacific Ocean and eastern Indian Training and Testing in the Central and issued or, if the taking is limited to Ocean. Western North Pacific Ocean and harassment, an incidental harassment Eastern Indian Ocean NMFS received an application from authorization may be issued following the Navy requesting regulations and an notice and opportunity for public AGENCY: National Marine Fisheries associated letter of authorization (LOA) comment. Service (NMFS), National Oceanic and to take individuals of multiple species Authorization for incidental takings Atmospheric Administration (NOAA), and stocks of marine mammals (‘‘Navy’s shall be granted if NMFS finds that the Commerce. rulemaking/LOA application’’ or taking will have a negligible impact on ACTION: Final rule; notification of ‘‘Navy’s application’’) by Level B the species or stock(s) and will not have issuance of Letter of Authorization. harassment incidental to SURTASS LFA an unmitigable adverse impact on the sonar activities. Please see availability of the species or stock(s) for SUMMARY: NMFS, upon request from the ‘‘Background’’ below for definitions of taking for subsistence uses (where U.S. Navy (Navy) issues these harassment. This final rule establishes a relevant). Further, NMFS must prescribe regulations pursuant to the Marine framework under the authority of the the permissible methods of taking and Mammal Protection Act (MMPA) to MMPA (16 U.S.C. 1361 et seq.) to allow other means of effecting the least govern the taking of marine mammals for the authorization of take of marine practicable adverse impact on the incidental to the use of Surveillance mammals incidental to the Navy’s affected species or stocks and their Towed Array Sensor System Low specified activities. habitat, paying particular attention to Frequency Active (SURTASS LFA) Legal Authority for the Final Action rookeries, mating grounds, and areas of sonar systems onboard U.S. Navy similar significance, and on the surveillance ships for training and Section 101(a)(5)(A) of the MMPA (16 availability of such species or stocks for testing activities conducted under the U.S.C. 1371(a)(5)(A)) generally directs taking for certain subsistence uses authority of the Secretary of the Navy in the Secretary of Commerce to allow, (referred to in shorthand as the western and central North Pacific upon request, the incidental, but not ‘‘mitigation’’), and requirements Ocean and eastern Indian Ocean intentional taking of small numbers of pertaining to the monitoring and (SURTASS LFA sonar activities) marine mammals by U.S. citizens who reporting of such takings. beginning August 2019. These engage in a specified activity (other than The 2004 NDAA (Pub. L. 108–136) regulations, which allow for the commercial fishing) within a specified removed the ‘‘small numbers’’ and issuance of a Letter of Authorization geographical region for up to five years ‘‘specified geographical region’’ (LOA) for the incidental take of marine if, after notice and public comment, the limitations indicated above and mammals during the described activities agency makes certain findings and amended the definition of ‘‘harassment’’ and timeframes, prescribe the issues regulations that set forth as it applies to a ‘‘military readiness permissible methods of taking and other permissible methods of taking and other activity’’ to read as follows (Section means of effecting the least practicable means of effecting the least practicable 3(18)(B) of the MMPA): (i) Any act that adverse impact on marine mammal adverse impact (LPAI) on the affected injures or has the significant potential to species or stocks and their habitat, and species or stocks and their habitat, as injure a marine mammal or marine establish requirements pertaining to the well as monitoring and reporting mammal stock in the wild (Level A monitoring and reporting of such taking. requirements. Section 101(a)(5)(A) of Harassment); or (ii) Any act that DATES: Effective on August 12, 2019, the MMPA and the implementing disturbs or is likely to disturb a marine through August 11, 2026. regulations at 50 CFR part 216, subpart mammal or marine mammal stock in the ADDRESSES: A copy of the Navy’s I provide the legal basis for issuing this wild by causing disruption of natural application and supporting documents, final rule and any associated LOAs. As behavioral patterns, including, but not as well as a list of the references cited described in the Background section, limited to, migration, surfacing, nursing, in this document, may be obtained the MMPA has been amended in a breeding, feeding, or sheltering, to a online at: www.fisheries.noaa.gov/ number of ways when the specified point where such behavioral patterns national/marine-mammal-protection/ activity is a military readiness activity, are abandoned or significantly altered incidental-take-authorizations-military- including most recently in 2018 to (Level B Harassment). In addition, the readiness-activities. In case of problems extend the maximum authorization FY 2004 NDAA amended the MMPA as accessing these documents, please call period under section 101(a)(5)(A) from it relates to military readiness activities the contact listed below (see FOR five to seven years for Department of and the incidental take authorization FURTHER INFORMATION CONTACT). Defense military readiness activities. As (ITA) process such that ‘‘least FOR FURTHER INFORMATION CONTACT: directed by this legal authority, this practicable adverse impact’’ shall Wendy Piniak, Office of Protected final rule contains mitigation, include consideration of personnel Resources, NMFS, (301) 427–8401. monitoring, and reporting requirements. safety, practicality of implementation,

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and impact on the effectiveness of the defined above. The Navy requests 2017, the Deputy Secretary of Defense, military readiness activity. As authorization to take, by Level B after conferring with the Secretary of mentioned above, the NDAA for FY Harassment, individuals from 139 Commerce, determined that it was 2019 amended the MMPA to extend the stocks of 46 species of marine mammals necessary for the national defense to period of permitted incidental takings of (10 species of mysticete (baleen) whales, exempt all military readiness activities marine mammals covered by section 31 species of odontocete (toothed) that use SURTASS LFA sonar from 101(a)(5)(A) in the course of specified whales, and 5 species of pinnipeds compliance with the requirements of the military readiness activities from five to (seals and sea lions)). This rule also MMPA for a period of up to two years seven years. covers the authorization of take of beginning August 13, 2017, through The authorization of incidental taking animals from additional associated August 12, 2019, or until such time under section 101(a)(5)(A) requires stocks of marine mammals not listed when NMFS issues regulations and an promulgation of activity-specific here, should one or more of the stocks LOA under MMPA section 101(a)(5)(A) regulations following notice and identified in this rule be formally for military readiness activities opportunity for public comment. Under separated into multiple stocks, provided associated with the use of SURTASS NMFS’ implementing regulations for NMFS is able to confirm the necessary LFA sonar, whichever is earlier. During section 101(a)(5)(A), a Letter of findings for the newly identified stocks. the period of the National Defense Authorization (LOA) also is required to As discussed later in this document, Exemption (NDE) (available at http:// conduct activities pursuant to any incidental takes due to SURTASS LFA www.surtass-lfa-eis.com/wp-content/ activity-specific regulations (50 CFR sonar will be limited to Level B uploads/2018/01/SURTASS_LFA_NDE_ 216.106). harassment. No takes by Level A 10Aug17.pdf), all military readiness Summary of Request harassment are authorized, as Level A activities that involve the use of harassment is considered unlikely and SURTASS LFA sonar were required to On June 4, 2018, NMFS received a will be avoided through the comply with all mitigation, monitoring, request from the Navy for authorization implementation of the Navy’s mitigation and reporting measures set forth in the to take, by Level B harassment, 46 measures, as discussed below. NDE for SURTASS LFA sonar, which species of marine mammals incidental In previous SURTASS LFA sonar were based on the measures included in to the use of SURTASS LFA sonar rulemakings, NMFS authorized some NMFS’ prior (2012) final rule (77 FR onboard U.S. Navy surveillance ships Level A harassment takes in an 50290; August 20, 2012) and 2017 for training and testing activities abundance of caution even though Level proposed rule (82 FR 19460; April 27, (categorized as military readiness A harassment takes were not 2017). As a result of the NDE, NMFS did activities) conducted under the anticipated. However, to the knowledge not finalize its April 2017 proposed authority of the Secretary of the Navy in of the Navy and NMFS, no Level A rule. the western and central North Pacific harassment takes have resulted over the The NDE expires August 12, 2019. For Ocean and eastern Indian Ocean 17-year history of SURTASS LFA sonar this rulemaking, the Navy will continue beginning in August 2019 and extending activities. Additionally, the exposure to use SURTASS LFA sonar systems to August 2026. On July 13, 2018, NMFS criteria and thresholds for assessing onboard United States Naval Ship published a notice of receipt (NOR) of Level A harassment have been modified (USNS) surveillance ships for training the Navy’s application in the Federal since prior rules based on the best and testing activities conducted under Register (83 FR 32615), and requested available science. Under these new the authority of the Secretary of the comments and information related to metrics, the zone for potential injury is Navy within the western and central the Navy’s request. The review and substantially reduced. Therefore, due to North Pacific Ocean and eastern Indian comment period for the NOR ended on the small injury zones and the fact that Ocean. The operating features of the August 13, 2018. The Navy submitted a mitigation measures would ensure that LFA sonar will remain, and have revised application on November 13, marine mammals would not be exposed remained the same since the 2001 2018, that included a minor change to to received levels associated with SURTASS LFA FOEIS/EIS. The typical the mitigation measures provided in the injury, the Navy has not requested duty cycle of LFA sonar, based on June 2018 application. On March 1, authorization for Level A harassment historical SURTASS LFA sonar use, is 2019, NMFS published a notice of takes, and NMFS is not authorizing any 7.5 to 10 percent (DoN, 2007). The proposed rulemaking in the Federal takes by Level A harassment. maximum duty cycle remains the same Register (84 FR 7186), and requested NMFS published the first incidental at 20 percent. comments and information related to take rule for SURTASS LFA sonar, For this rulemaking, the Navy scoped the Navy’s request. The review and effective from August 2002 through the geographic extent of the area where comment period for the proposed rule August 2007, on July 16, 2002 (67 FR the specified activity will occur (Study ended on April 1, 2019. One comment 46712); the second rule, effective from Area) to better reflect the areas where received during the NOR comment August 2007 through August 2012, on the Navy anticipates conducting period was addressed in the Proposed August 21, 2007 (72 FR 46846); and the SURTASS LFA sonar training and Rule, and comments received during the third rule, effective from August 2012 testing activities. Whereas the previous proposed rulemaking comment period through August 2017, on August 20, authorizations included certain routine are addressed in this final rule. See 2012 (77 FR 50290). military operations among the scope of further details addressing comments In 2016, the Navy submitted an actions analyzed, the Navy also has received in the Comments and application for a fourth incidental take narrowed the scope of activities in the Responses section. regulation under the MMPA (DoN, current request for authorization to The Navy states, and NMFS concurs, 2016) for the taking of marine mammals training and testing activities only, due that these SURTASS LFA sonar by harassment incidental to the to various statutory and practical activities, classified as military deployment of up to four SURTASS considerations, as described in Chapter readiness activities, may incidentally LFA sonar systems from August 15, 1 of the 2019 SURTASS LFA FSEIS/ take marine mammals by exposing them 2017, through August 14, 2022. NMFS SOEIS, and discussed further below. to SURTASS LFA sonar at levels that published a proposed rule on April 27, The Navy will transmit a total of up constitute Level B harassment as 2017 (82 FR 19460). On August 10, to 496 LFA sonar transmission hours

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per year for its specified activity, as Living Marine Resources (LMR) to echolocation used by some marine described below (see Description of the program. The LMR program weighs the mammals to locate prey and navigate. Specified Activities section), pooled various Navy research needs against SURTASS LFA sonar systems are long- across all SURTASS LFA sonar- each other through a needs and range sensors that operate in the low- equipped vessels in the first four years solicitation process. The Navy has frequency (LF) band (i.e., 100–500 Hertz of the authorization, with an increase in submitted a needs statement to the LMR (Hz)). Because LF sound travels in usage to a total of up to 592 LFA advisory committee to research future seawater for greater distances than transmission hours in years five through data collection that would supplement higher frequency sound, the SURTASS seven. understanding of how SURTASS LFA LFA sonar system meets the need for improved detection and tracking of Changes From the Proposed to the Final sonar may affect marine resources, new-generation submarines at a longer Rule including mysticetes and beaked whales. range and maximizes the opportunity Since the proposed rule, based on for U.S. armed forces to safely react to, public comment and additional Description of the Specified Activities and defend against, potential submarine analysis, NMFS and the Navy have Overview threats while remaining a safe distance agreed to additional mitigation and beyond a submarine’s effective weapons The Navy’s primary mission is to monitoring measures that are expected range. Thus, the active acoustic organize, train, and equip combat-ready to reduce the likelihood and/or severity component in the SURTASS LFA sonar naval forces capable of accomplishing of adverse impacts on marine mammal is an important augmentation to the American strategic objectives, deterring species/stocks and their habitat and are Navy’s passive and tactical systems, as maritime aggression, and assuring practicable for implementation. its long-range detection capabilities can • freedom of navigation in ocean areas. In the proposed rule we presented effectively counter the threat to the 25 marine areas for further This mission is mandated by Federal Navy and national security interests consideration as marine mammal law in Section 8062 of Title 10 of the posed by quiet, diesel submarines. Offshore Biologically Important Areas United States Code, which directs the The Navy’s specified activities for (OBIAs) for SURTASS LFA sonar. After Secretary of the Navy to ensure the MMPA incidental take coverage is to considering public comments and readiness of the U.S. naval forces. continue employment of SURTASS LFA conducting additional analyses, 33 The Secretary of the Navy and the sonar systems onboard USNS marine areas were assessed as potential Chief of Navy Operations (CNO) have surveillance ships for training and OBIAs. Of these 33 marine areas, 17 established that anti-submarine warfare testing activities conducted under the were determined to qualify as OBIAs. (ASW) is a critical capability for authority of the Secretary of the Navy in All 17 of the areas were found to be achieving the Navy’s mission, and it the western and central Pacific Ocean practicable and were designated as 14 requires unfettered access to both the and eastern Indian Ocean, which is OBIAs (some OBIAs encompass several high seas and littoral environments to classified as a military readiness marine areas). All four of the OBIAs be prepared for all potential threats by activity, beginning August 13, 2019. The previously designated in the SURTASS maintaining ASW core competency. The use of the SURTASS LFA sonar system LFA sonar Study Area have been Navy is challenged by the increased will result in acoustic stimuli from the expanded spatially. difficulty in locating undersea threats generation of sound or pressure waves • The Navy will use no more than 25 solely by using passive acoustic in the water at or above levels that percent of the authorized amount technologies due to the advancement NMFS has determined would result in (transmission hours) of SURTASS LFA and use of quieting technologies in take of marine mammals under the sonar for training and testing within 10 diesel-electric and nuclear submarines. MMPA. This is the principal means of nautical miles (nmi) (18.5 kilometers At the same time, as the distance at marine mammal taking associated with (km)) of any single OBIA during any which submarine threats can be these military readiness activities. In year (no more than 124 hours in years detected decreases due to quieting addition to the use of active acoustic 1–4 and 148 hours in years 5–7) unless technologies, improvements in torpedo sources, the Navy’s activities include the following conditions are met: and missile design have extended the the movement of vessels. This final rule Should national security present a effective range of these weapons. also analyzes the potential effects of this requirement to conduct more than 25 One of the ways the Navy has aspect of the activities. NMFS does not percent of authorized hours of addressed the changing requirements for anticipate takes of marine mammals to SURTASS LFA sonar within 10 nmi ASW readiness was to develop result from ship strikes from any (18.5 km) of any single OBIA during any SURTASS LFA sonar, which is able to SURTASS LFA vessels because each year, naval units will obtain permission reliably detect quieter and harder-to- vessel moves at a relatively slow speed from the appropriate designated find submarines at long range before (10 to 12 knots (kt) while transiting), Command authority prior to these vessels can get within their especially when towing the SURTASS commencement of the activity. The effective weapons range to launch and LFA sonar systems (moving at 3 to Navy will provide NMFS with against their targets. SURTASS LFA 4 kt), and for a relatively short period notification as soon as is practicable and sonar systems have a passive of time. Combined with the use of include the information (e.g., sonar component (SURTASS), which is a mitigation measures as noted below, it hours) in its annual activity reports towed line array of hydrophones used to is likely that surveillance vessels will be submitted to NMFS. detect sound emitted or reflected from able to avoid any marine mammals. • The Navy has agreed to evaluate the submerged targets, and an active The Navy will restrict SURTASS LFA feasibility and appropriate methods to component (LFA), which is comprised sonar training and testing activities to collect new data to supplement the data of a set of acoustic transmitting the central and western North Pacific available on behavioral responses of elements. The active component detects Ocean and eastern Indian Ocean. The marine mammals to SURTASS LFA objects by creating a sound pulse, or Navy will not conduct training or sonar using newer methods and ‘‘ping’’ that is transmitted through the testing utilizing SURTASS LFA sonar technologies. These types of scientific water and reflects off the target, within the foreign territorial seas of inquiries fit within the scope the Navy’s returning in the form of an echo similar other nations and will maintain

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SURTASS LFA sonar received levels determine if supplementary analysis operating profile described above; below 180 decibels (dB) re: 1 mPa (root- would be required to cover the therefore, the number of hours mean-square (rms)) within 12 nmi (22 deployment of these new systems. As designated for each activity represents km) of any emerged land features or the new vessels and sonar system an estimate for planning purposes. components are developed and within 1 km of the seaward boundaries As noted above, this rulemaking of designated Offshore Biologically constructed, at-sea testing would would result in the fourth such Important Areas (OBIAs) during their eventually be necessary. The Navy regulation for the Navy’s SURTASS LFA effective periods (see Mitigation section anticipates that new vessels, or new/ below for OBIA details). In addition to updated sonar system components, sonar activities. The Navy is currently these geographic mitigation measures, would be ready for at-sea testing conducting the specified activities the Navy will implement procedural beginning in the fifth year of the time under an NDE that will expire on mitigation measures, including period covered by this final rule. August 12, 2019. Therefore, the Navy monitoring for the presence of marine Thus, the Navy’s activity analysis requested MMPA rulemaking and an mammals (including visual as well as included consideration of the sonar LOA for SURTASS LFA sonar training active and passive acoustic monitoring) hours associated with future testing of and testing activities effective beginning and implementing shutdown new or updated LFA sonar system August 13, 2019, to take marine procedures for marine mammals within components and new ocean surveillance mammals incidental to the SURTASS a mitigation zone around the LFA sonar vessels. This consideration resulted in LFA sonar activities for a seven year source (see Mitigation and Monitoring two scenarios of annual sonar transmit period. sections below for further details). hours: Years 1 to 4 will entail up to 496 hours total per year across all SURTASS SURTASS LFA Sonar Training and Dates and Duration LFA sonar vessels, while years 5 to 7 Testing Areas The specified activities may occur at will include an increase in LFA sonar transmit hours up to 592 hours across The geographic area of the SURTASS any time during the seven-year period of LFA sonar activities covered by these validity of the regulations (August 13, all vessels. The SURTASS LFA sonar regulations includes the western and 2019, through August 12, 2026). The central North Pacific Ocean and eastern Navy currently conducts SURTASS LFA transmission hours represent a Indian Ocean outside of the territorial sonar activities from four vessels. The distribution across six activities that seas of foreign nations (generally 12 nmi Navy is planning to add new vessels to include (with an approximate allocation of hours indicated): (22 km) from most foreign nations). its ocean surveillance fleet. As new • vessels are developed, the onboard LFA Contractor crew proficiency Figure 1 depicts the areas of SURTASS training (80 hours per year); and High Frequency Marine Mammal LFA sonar activities. In areas within 12 • Military crew (MILCREW) Monitoring sonar (HF/M3 sonar) nmi from any emergent land (coastal proficiency training (96 hours per year); exclusion areas) and in areas identified systems (discussed below) may need to • Participation in or support of naval as OBIAs, SURTASS LFA sonar training be updated, modified, or even re- exercises (96 hours per year); designed. Current indications are that • and testing would be conducted such Vessel and equipment maintenance that received levels of LFA sonar are future LFA sonar systems will have the (64 hours per year); m same operational characteristics and • Acoustic research testing (160 hours below 180 dB re: 1 Pa rms sound that updates and modifications are per year); and pressure level (SPL). This restriction focused toward miniaturizing the • New SURTASS LFA sonar system will be observed year-round for coastal system components to reduce the testing (96 hours per year; will occur in standoff zones and during known weight and handling of the systems. If years 5 to 7). periods of biological importance for system parameters are modified as a Each of these activities utilizes the OBIAs. result of these updates the Navy will SURTASS LFA sonar system within the BILLING CODE 3510–22–P

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BILLING CODE 3510–22–C where the Navy anticipates conducting (shown in Figure 1 and listed in Table For this rulemaking, the Navy scoped SURTASS LFA sonar training and 1), with nominal modeling sites in each the geographic extent of its specified testing activities now through 2026. region, provide geographic context for activities to better reflect the areas Fifteen representative model areas the SURTASS LFA sonar activities.

TABLE 1—REPRESENTATIVE SURTASS LFA SONAR MODELING AREAS THAT THE NAVY MODELED FOR THE 2019 SURTASS LFA FSEIS/SOEIS AND THE NAVY’S MMPA RULEMAKING/LOA APPLICATION

Location (latitude/longitude of Modeled site center of modeling area) Notes

East of Japan ...... 38° N, 148° E. North Philippine Sea ...... 29° N, 136° E. West Philippine Sea ...... 22° N, 124° E. Offshore Guam ...... 11° N, 145° E ...... Navy Mariana Islands Testing and Training Area. Sea of Japan ...... 39° N, 132° E. East China Sea ...... 26° N, 125° E. South China Sea ...... 14° N, 114° E. Offshore Japan 25° to 40° N ...... 30° N, 165° E. Offshore Japan 10° to 25° N ...... 15° N, 165° E. Hawaii North ...... 25° N, 158° W ...... Navy Hawaii-Southern California Training and Testing Area. Hawaii South ...... 19.5° N, 158.5° W ...... Navy Hawaii-Southern California Training and Testing Area. Offshore Sri Lanka ...... 5° N, 85° E. Andaman Sea ...... 7.5° N, 96° E. Northwest of Australia ...... 18° S, 110° E. Northeast of Japan ...... 52° N, 163° E.

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Detailed Description of the Specified an area of one square meter (m2). The band (also between 100 and 500 Hz) Activities commonly used reference pressure level with the same duty cycle as described SURTASS LFA Sonar—SONAR is an in underwater acoustics is 1 mPa at 1 m, for LFA sonar. Similar to the active acronym for Sound Navigation and and the units for source level are component of the LFA sonar system, the Ranging, and its definition includes any decibels (dB) re: 1 mPa at 1 m). Because source level of an individual projector system (biological or mechanical) that of the physics involved in acoustic in the CLFA sonar array is uses underwater sound, or acoustics, for beamforming (i.e., a method of mapping approximately 215 dB re: 1 mPa or less. For the analysis in this rulemaking, detection, monitoring, and/or noise sources by differentiating sound NMFS will use the term LFA to refer to communications. Active sonar is the levels based upon the direction from both the LFA sonar system and/or the transmission of sound energy for the which they originate) and sound CLFA sonar system, unless otherwise purpose of sensing the environment by transmission loss processes, the SURTASS LFA sonar array cannot have specified. interpreting features of received signals. SURTASS Passive Component—The Active sonar detects objects by creating a sound pressure level (SPL) higher than the SPL of an individual projector. passive component of the SURTASS a sound pulse, or ‘‘ping’’ that is The SURTASS LFA sonar acoustic LFA sonar system consists of a transmitted through the water and transmission is an omnidirectional SURTASS Twin-line (TL–29A) reflects off the target, returning in the beam (a full 360 degrees (°)) in the horizontal line array mounted with form of an echo. Passive sonar detects horizontal plane. The LFA sonar system hydrophones. The Y-shaped array is the transmission of sound waves created also has a narrow vertical beam that the 1,000 ft (305 m) in length and has an by an object. vessel’s crew can steer above or below operational depth of 500 to 1,500 ft As mentioned previously, the the horizontal plane. The typical (152.4 to 457.2 m). SURTASS LFA sonar system is a long- SURTASS LFA sonar signal is not a High-Frequency Marine Mammal range, all-weather LF sonar (operating constant tone, but rather is a Monitoring Active Sonar (HF/M3)— between 100 and 500 Hertz (Hz)) system transmission of various signal types that Although technically not part of the that has both active and passive vary in frequency and duration SURTASS LFA sonar system, the Navy components. LFA, the active system (including continuous wave (CW) and will also use a high-frequency sonar component (which allows for the frequency-modulated (FM) signals). A system, called the HF/M3 sonar, to detection of an object that is not complete sequence of sound detect and locate marine mammals generating noise), is comprised of transmissions, also referred to by the within the SURTASS LFA sonar source elements (called projectors) Navy as a ‘‘ping’’ or a wavetrain, can be mitigation zone, as described in the suspended vertically on a cable beneath as short as six seconds (sec) or last as Mitigation and Monitoring sections. This the surveillance vessel. The projectors long as 100 sec, with an average length enhanced commercial fish-finding produce an active sound pulse by of 60 sec. Within each ping, the sonar, mounted at the top of the converting electrical energy to duration of any continuous frequency SURTASS LFA sonar vertical line array, mechanical energy by setting up sound transmission is no longer than 10 has a source level of 220 dB re: 1 mPa vibrations or pressure disturbances seconds and the time between pings is at 1 m with a frequency range of 30 to within the water to produce a ping. The typically from six to 15 minutes (min). 40 kilohertz (kHz). The duty cycle is Navy uses LFA as an augmentation to Based on the Navy’s historical operating variable, but is normally below three to the passive SURTASS operations when parameters, the average duty cycle (i.e., four percent and the maximum pulse passive system performance is the ratio of sound ‘‘on’’ time to total duration is 40 milliseconds (ms). The inadequate. SURTASS, the passive part time) for LFA sonar is normally 7.5 to HF/M3 sonar has four transducers with of the system, uses hydrophones (i.e., 10 percent and will not exceed a 8 degrees horizontal and 10 degrees underwater microphones) to detect maximum duty cycle of 20 percent. vertical beamwidths, which sweep a full sound emitted or reflected from Compact LFA Active Component—In 360 degrees in the horizontal plane submerged targets, such as submarines. addition to the LFA sonar system every 45 to 60 sec with a maximum The SURTASS hydrophones are currently deployed on the USNS range of approximately 1.2 mi (2 km). mounted on a horizontal line array that IMPECCABLE, the Navy developed a Vessel Specifications—The Navy is towed behind the surveillance vessel. compact LFA (CLFA) sonar system, currently deploys SURTASS LFA sonar The Navy processes and evaluates the which is now deployed on its three on four twin-hulled ocean surveillance returning signals or echoes, which are smaller surveillance vessels (i.e., the vessels that are 235 to 282 feet (ft) (72 usually below background or ambient USNS ABLE, EFFECTIVE, and to 86 m) in length, with twin-shafted sound level, to identify and classify VICTORIOUS). The operational diesel electric engines capable of potential underwater targets. characteristics of the active component providing 3,200 to 5,000 horsepower. LFA Active Component—The active for the CLFA sonar system are Each vessel has an observation area on component of the SURTASS LFA sonar comparable to the LFA sonar system the bridge that is more than 30 ft above system consists of up to 18 projectors and the potential impacts from the sea level from where lookouts will suspended beneath the surveillance CLFA sonar system will be similar to monitor for marine mammals whenever vessel in a vertical line array. The the effects from the LFA sonar system. SURTASS LFA sonar is transmitting. As SURTASS LFA sonar projectors The CLFA sonar system consists of stated previously, the Navy may transmit in the low-frequency band smaller projectors that weigh 142,000 develop and field additional SURTASS (between 100 and 500 Hz). The source lbs (64,410 kilograms (kg)), which is LFA equipped vessels, either to replace level of an individual projector in the 182,000 lbs (82,554 kg) less than the or complement the Navy’s current SURTASS LFA sonar array is weight of the LFA projectors on the SURTASS LFA capable fleet, and these approximately 215 dB re: 1 mPa at 1 m USNS IMPECCABLE. The CLFA sonar vessels may be in use beginning in the or less. Sound pressure is the sound system also consists of up to 18 fifth year of the time period covered by force per unit area and is usually projectors suspended beneath the this rulemaking. measured in micropascals (mPa), where surveillance vessel in a vertical line The operational speed of each vessel one Pascal (Pa) is the pressure resulting array, and the CLFA sonar system during sonar activities will be from a force of one newton exerted over projectors transmit in the low-frequency approximately 3.4 miles per hour (mph)

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(5.6 km per hour (km/hr); 3 kt) and each Impact Analysis the Offshore Sri Lanka, Andaman Sea, vessel’s cruising speed outside of sonar Northwestern Australia, and Northeast Density Estimates activities would be a maximum of of Japan (humpback whales only) approximately 11.5 to 14.9 mph (18.5 to Comment 1: The Marine Mammal modeling areas the specific data source 24.1 km/hr; 10 to 13 kt). During sonar Commission (hereafter ‘‘Commission’’) (e.g., Kaschner et al., 2006 or SMRU activities, the SURTASS LFA sonar expressed concerns regarding the Ltd., 2012) is also referenced. NMFS vessels will generally travel in straight density estimates used in Navy’s Global coordinated closely with the Navy in lines or in oval-shaped (i.e., racetrack) Marine Species Density Database the development of its incidental take patterns depending on the training or (Global NMSDD). The Commission and application, and agrees that the methods testing scenario. The Commission and Natural Resources the Navy has put forth described herein Defense Council (NRDC), The Humane to estimate densities are appropriate and Comments and Responses Society of the United States, and based on the best available science. Humane Society Legislative Fund Comment 2: The Commission and We published a notice of proposed (hereafter ‘‘NRDC et al.’’) recommended NRDC et al. recommended that NMFS rule in the Federal Register on March 1, that NMFS require the Navy to make specify whether and how uncertainty 2019 (84 FR 7186), with a 30-day available to the public the resulting was incorporated in abundance and comment period. During the 30-day products of the current version of the density estimates in the preamble to the comment period, we received eight total Global NMSDD, similar to the final rule and, if it was not, that NMFS comment letters. Of this total, one information provided in Department of require the Navy to incorporate submission was from another Federal the Navy (2017c), as soon as possible. measures of uncertainty inherent in the agency, one letter was from The Commission noted that they have underlying data (e.g., CV, standard organizations or individuals acting in an requested for several years that this deviations, standard errors) in those official capacity (e.g., non-governmental information be made available to the estimates and re-estimate the numbers organizations (NGOs)), and six public and are puzzled why neither the of takes accordingly in the final rule. submissions were from private citizens. Navy nor NMFS has provided it. The The Commission noted that for all of the NMFS has reviewed all public Commission asserted that without Navy’s Phase III activities since 2016, comments received on the proposed public access to such data, the process including for Hawaii-Southern rule and issuance of the LOA. All is not transparent and there is no basis California Training and Testing (HSTT), relevant comments and our responses to assert that either NMFS’ or the Navy’s the Navy has incorporated uncertainty are described below organized by major analyses are based on best available in the densities and the group size category. We provide no response to data. estimates that ultimately seed its animat specific comments that addressed Response: Currently, the NMSDD is modeling. It is unclear why the same species or statutes not relevant to our not publically available since approach was not taken for SURTASS proposed rule under section proprietary geospatial modeling data are LFA sonar, particularly since the action 101(a)(5)(A) of the MMPA (e.g., included in the database, for which the areas for HSTT and SURTASS LFA comments related to sea turtles). Navy has established proprietary data sonar overlap. sharing agreements. However, products Response: Information on uncertainty General Comments of the Navy’s database have been made (e.g., CV, standard deviations, standard available to the public, such as the U.S. The majority of the comments from errors, etc.) in species/stock population Navy Marine Species Density Database estimates for each modeling area is six private citizens expressed general Phase III for the Hawaii-Southern included when available in the 2019 opposition toward the Navy’s proposed California Training and Testing Study SURTASS LFA FSEIS/SOEIS (Chapter 3 training and testing activities, cited Area (DoN, 2017c). The citations for the and Appendix D). The population concern for marine mammals and the sighting surveys or other data upon estimates provided in the 2019 oceans, and requested that NMFS not which the densities were derived in the SURTASS LFA FSEIS/SOEIS (Chapter 3 issue the LOAs, but without providing NMSDD have been provided when and Appendix D) were used to model information relevant to NMFS’ appropriate, and information similar to estimated takes using the Acoustic decisions. NMFS appreciates the that presented in the U.S. Navy Marine Integration Model (AIM) (described in concerns expressed for marine life and Species Density Database Phase III for the Estimated Take of Marine Mammals resources. We reiterate that no mortality the Hawaii-Southern California Training section). The AIM is a Monte Carlo of marine mammals is anticipated, nor and Testing Study Area (DoN, 2017c) is based statistical model in which is any injury (Level A harassment) of provided in the 2019 SURTASS LFA multiple iterations of realistic marine mammals anticipated; therefore, FSEIS/SOEIS (Chapter 3 and Appendix predictions of acoustic source use as neither injuries nor mortality of marine D) for the 15 Representative Modeling well as animal distribution and mammals is authorized for the Areas in the SURTASS LFA sonar Study movement patterns (‘‘animats’’) are SURTASS LFA sonar activities. Area. Chapter 3, Section 3.4.3.3.3 conducted to provide statistical Moreover, the MMPA directs the describes the process and methods used predictions of estimated impacts from Secretary of Commerce (whose authority to derive marine mammal occurrence exposure to acoustic source has been delegated to NMFS) to allow, and population estimates (abundance transmissions. AIM does not include upon request, the incidental taking for and density) in the model areas. uncertainty in population estimates to a specified activity, provided that we Appendix D includes detailed predict estimated takes, however are able to make the required findings information on the available data and uncertainty in the horizontal and under section 101(a)(5)(A) and set forth abundance and density estimates by vertical movement patterns of marine regulations containing the required model area and species/stock and these mammals is incorporated through the prescriptions for mitigation, monitoring, references are also included in the Monte Carlo components of the AIM. At and reporting after notice and comment. marine mammal species, stocks (DPSs), each 30-sec timestep, the diving pattern, Therefore, these comments were not abundance, and density estimates by swim speed, and heading of each animat considered further. The remaining season summary table (Chapter 3, Table are re-sampled, resulting in movement comments are addressed below. 3–8). When the NMSDD is referenced in of each animat through the acoustic

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field. In the AIM, the modeled marine density models for data poor areas that review indicates that the proposed mammal animats were set to populate extrapolate cetacean densities beyond method is supportable. Here, the the simulation area with densities of surveyed regions. For example, the densities and modeling used reflect the 0.086, 0.17, or 0.34 animats/nmi2 (0.025, Navy and NMFS were reviewers of, and best available science and, further, 0.05, or 0.1 animats/km2). These used, the results of Mannocci et al. monitoring of SURTASS activities from densities are often higher than those (2017) in the U.S. Navy’s Atlantic Fleet the past 17 years of activities do not estimated in the marine environment (as Training and Testing (AFTT) Study suggest that these models have many species/stocks are rare in Area NEPA analysis and MMPA underestimated marine mammal modelled areas). This ‘‘over population’’ rulemaking. NMFS and the Navy will exposure. of the modeling environment ensures continue to discuss and examine the Comment 4: The Commission that the result of the simulation is not utility of these emerging models for recommended that, in the preamble to unduly influenced by the chance estimating densities of marine mammals the final rule, NMFS specify how placement of a few simulated marine in the SURTASS LFA sonar Study Area. density estimates were derived and mammals. To obtain final harassment It is possible that the sighting results what statistic (e.g., mean, median, estimates, the modeled results are from the IWC–POWER cruises could be maximum) was used when multiple normalized by the ratio of the modeled used to extrapolate density and sources are referenced in Tables 2–16 of animat density to the real-world marine abundance estimates throughout the the Federal Register notice and Table 3– mammal density estimate. This allows North Pacific in the future, using the 2 of the revised LOA application. Response: We have included the for greater statistical power without methods developed by Mannocci et al. density estimate and associated overestimating risk. Additional details (2015) that were applied to extrapolate on the methods used to calculate take reference or references for each species/ density estimates in the North Atlantic stock in each of the 15 Representative estimates are included in the Estimated (Mannocci et al., 2017). Cruise reports Take of Marine Mammals section. Modeling Areas in the SURTASS LFA through 2017 are available online, with sonar Study Area in Tables 2 through 16 NMFS considers these estimates cruises continuing for another few conservative as take estimates are based of this rule. Additional details on the years. When additional results are densities used for each species/stock in on the maximum potential impact to a available, NMFS and the Navy will species or stock across all model areas each modeling area are provided in the consider use of these methods to in which a SURTASS LFA sonar activity 2019 SURTASS LFA FSEIS/SOEIS extrapolate density and abundance may occur. Therefore, if an activity (Chapter 3, Table 3–8 and Appendix D). estimates that could inform mitigation occurs in a different model area than the In Chapter 3, Table 3–8 2019 SURTASS through Adaptive Management process, area where the maximum potential LFA FSEIS/SOEIS, multiple references or to inform analyses for future actions. impact was predicted, the actual are provided to reflect references used Lambert et al. (2014) used the simulated potential impact may be less than to support the population density distribution of micronekton from the estimated. Here, the densities and estimate and seasonality of occurrence. Spatial Ecosystem And Population modeling used reflect the best available In Tables 2–16 of this rule we have Dynamics Model (SEAPODYM) to science and, further, monitoring of included only the reference to the SURTASS activities from the past 17 predict the habitat of three cetacean density estimate. Appendix D of the years of activities do not suggest that guilds in tropical waters. While their 2019 SURTASS LFA FSEIS/SOEIS these models have underestimated results provide some interesting insights includes detailed descriptions and marine mammal exposure. into the use of predicted prey maps in references for each species/stock in each Comment 3: NRDC et al. cetacean distribution models, they are of the model areas that include how recommended that NMFS consider best used to prioritize future research each density estimate was derived. In alternative and potentially more areas. Corkeron et al. (2011) developed response to this comment the Navy has powerful modeling approaches that are statistical methods for using spatially also reviewed and revised the emerging to extrapolate cetacean autocorrelated sighting results to descriptions in Appendix D of the 2019 densities beyond surveyed regions identify the Dhofar coast of Oman as an SURTASS LFA FSEIS/SOEIS to increase (Corkeron et al., 2011; Lambert et al., important region for the Arabian Sea clarity. 2014; Mannocci et al., 2015) which are DPS of humpback whales. However, the Comment 5: With respect to estimated likely to be superior to the Kaschner et Dhofar coast of Oman is outside of the densities of cetaceans in Offshore Guam, al. (2006) model (and more consistent SURTASS LFA sonar Study Area and the Commission recommended that with the prior recommendations of Corkeren et al. state ‘‘Although it is NMFS use the densities stipulated in NMFS biologists) that the Navy has theoretically possible for us to project Department of the Navy (2018b) for blue relied on in the past. They model predictions into other areas, we whales, Bryde’s whales, fin whales, recommended that the Navy should consider this inadvisable, as our basic ginkgo-toothed beaked whales, and consult with NMFS experts on the design was not to make inference about Deraniyagala’s beaked whales rather utility of these models for estimating the distribution of humpback whales than the densities in Table 5 of the densities within the LFA Study Area. along the entire Oman coast.’’ Therefore, Federal Register notice and re-estimate They also recommended that NMFS though its statistical models could be the numbers of takes accordingly in the examine the data collected during the applied to sightings data within the final rule. International Whaling Commission’s SURTASS LFA Study Area, these Response: As recommended, we have Pacific Ocean Whale and Ecosystem humpback whale results are not revised the densities for blue whales, Research Programme (IWC–POWER) applicable. When considering how to Bryde’s whales, fin whales, ginkgo- 2010, 2013, 2014, 2015, and 2016 predict marine mammal densities across toothed beaked whales, and surveys with the view to developing large spatial scales using many varied Deraniyagala’s beaked whales to those improved marine mammal density datasets, there are often multiple presented in the U.S. Navy marine models for regions of the western and appropriate and effective ways that data species density database Phase III for central Pacific. can be modeled and extrapolated, and the Mariana Islands Training and Response: NMFS is aware of the NMFS does not prescribe any particular Testing Study Area (DoN, 2018b) and active area of research in developing model in these cases, as long as our have revised our estimated takes of

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these species/stocks in the Offshore (DoN, 2018), and pooled density delayed to avoid injurious exposure. Guam modeling area accordingly. estimates for species of the same genus Therefore, in incorporating mitigation, Comment 6: NRDC et al. if sufficient data were not available to AIM assumes no animats will be recommended that NMFS require the compute a density for individual exposed to SURTASS LFA sonar in the Navy to conduct baseline research in species or the species are difficult to LFA sonar mitigation zone. AIM records unsurveyed areas that it repeatedly distinguish at sea (e.g., Mesoplodon spp. the exposure history for each individual employs in LFA sonar operations, and Kogia spp.) to inform their analyses animat and the potential impact is prioritizing areas on the basis of in unsurveyed areas, which NMFS determined on an individual animal exposure frequency, environmental concurred represented the best available basis. The sound energy received by vulnerability, and research feasibility. science. each individual animat over the 24-hr Response: Per the Council on modeled period was calculated as sound Permanent Threshold Shift (PTS)/ Environmental Quality (CEQ) regulation exposure level (SEL) and the potential Temporary Threshold Shift (TTS) 40 CFR 1502.22, the Navy has indicated for that animal to experience PTS and Thresholds and Take Estimates plainly in the 2019 SURTASS LFA then TTS was considered using the FSEIS/SOEIS where data or information Comment 7: The Commission NMFS (2018) acoustic guidance are lacking to support Navy analyses recommended that NMFS (1) specify the thresholds. When mitigation is applied and how the Navy has resolved the numbers of model-estimated Level A in the modeling-analysis environment, issue of scarcity of data/information harassment (PTS) takes of marine estimations of PTS impacts were 0 for (i.e., surrogate data/information). The mammals in the absence of all marine mammal species in all model Navy is not required to conduct costly implementing mitigation measures and areas. baseline research, such as that any and all assumptions (including Therefore, the Navy did not request suggested, to obtain incomplete or within the animat modeling scenarios) and NMFS is not authorizing Level A unavailable data and information for that were made to reduce those takes to harassment take. As presented in the areas in which the Navy operates LFA zero in the preamble to the final rule Estimated Take of Marine Mammals sonar (CEQ Regulation 1502.22). and (2) authorize the model-estimated section, based on simple spherical Further, the ESA and MMPA only Level A harassment (PTS) takes rather spreading (i.e., transmission loss based require that a Federal agency consider than reducing them to zero in the final on 20 × log10 [range {m}]), all hearing the best available data, and do not rule. The Commission stated that groups except LF cetaceans would need require the agency generate the data specifics regarding the situations in to remain within 22 ft (7 m) for the itself. However, as noted in this rule, the which those takes were estimated to entire duration (60 sec) of an LFA sonar Navy does fund ongoing research and occur (i.e., distances to the source and ping to potentially experience PTS. LF conservation related to marine timeframe over which the exposure cetaceans would need to remain at the mammals. The Navy sponsors a occurred) should be delineated in the greatest distance from the transmitting significant portion of the U.S. research preamble to the final rule as well. LFA sonar, 135 ft (41 m) before on the effects of human-generated sound Response: The Navy quantitatively experiencing the onset of PTS. This on marine mammals (between assessed the potential for PTS and TTS distance is well within the LFA sonar approximately 25 to 30 million dollars resulting from exposure to SURTASS mitigation zone and a distance where per year on marine mammal research LFA sonar transmissions using NMFS’ visual, passive, and acoustic monitoring from the Navy’s three main programs: 2018 Acoustic Technical Guidance for can reliably detect small and large Office of Naval Research, Living Marine estimating impacts of PTS and TTS marine mammals 100 percent of the Resources Program, and the Fleet/ using AIM. In AIM the potential for PTS time and transmission can shut down SYSCOM monitoring programs), which is considered within the context of the before any injury can occur. NMFS has is crucial to the overall knowledge base mitigation and monitoring efforts that determined that the suite of mitigation on the potential for effects from would occur whenever SURTASS LFA monitoring efforts is highly effective at underwater anthropogenic noise on sonar is transmitting. Mitigation detecting marine mammals and marine mammals (82 FR 19460, 19516; monitoring is designed to detect marine avoiding Level A take and notes that April 27, 2017). See Office of Naval mammals before they are exposed to a there have been no reported or known Research (https://www.onr.navy.mil/) received level of 180 dB re: 1 mPa SPL. incidents of Level A harassment of any and Navy Living Marine Resources The probability of detection of a marine marine mammal in 17 years of program (https:// mammal by the HF/M3 system alone SURTASS LFA sonar activities. navysustainability.dodlive.mil/ within the LFA sonar mitigation zone Therefore, NMFS has determined that environment/lmr/) for examples of Navy approaches 100 percent over the course authorizing Level A harassment take is support research. The Navy also of multiple pings (see the 2001 not warranted. sponsors research to determine marine SURTASS LFA FOEIS/EIS, Subchapters Comment 8: The Commission mammal abundances and densities for 2.3.2.2 and 4.2.7.1 for the HF/M3 sonar recommended that NMFS explain why all Navy ranges and other operational testing results as well as section 5.4.3 of TTS takes are greater than behavior areas (see Marine Species Monitoring the 2019 SURTASS LFA FSEIS/SOEIS takes for some species of mysticetes, or Program: https://www. for a summary of the effectiveness of the stocks of mysticetes within the same navymarinespeciesmonitoring.us/). As HF/M3 system). As described in the species, in the preamble to the final described in the Description of Marine Estimated Take of Marine Mammals rule. Mammals in the Area of the Specified section, with the implementation of the Response: The estimated Level B Activities section of the rule and three-part monitoring programs (visual, harassment takes presented in Chapter 4 Chapter 3 and Appendix D of the passive acoustic, and HF/M3 of the 2019 SURTASS LFA FSEIS/ SURTASS LFA FSEIS/SOEIS, the Navy monitoring, as discussed below), NMFS SOEIS are correct. Table 18 in this final used a combination of density estimates and the Navy do not expect that marine rule presents total Level B Harassment from a region with similar mammals would be injured by takes (including both behavioral oceanographic characteristics to that SURTASS LFA sonar because a marine disruption and TTS). In the vast model area, estimates derived from the mammal is likely to be detected and majority of mysticete species/stocks, Navy’s Marine Species Density Database active transmissions suspended or estimated takes by behavioral disruption

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are greater than estimated incidents of Response: The behavioral risk differently, are operated at different TTS; however, in a few cases the function is based on field measurements frequencies, and are only one predicted numbers of TTS are higher of behavioral responses of mysticetes component of any training activity — than the estimated takes by behavioral during the SURTASS LFA Sonar Low and for these reasons, the Navy and disruption. This is due to the way these Frequency Sound Scientific Research NMFS found it appropriate to apply the two impacts are assessed. The TTS Program (LFS SRP). SPE was developed thresholds and modeling utilized for the acoustic threshold level is based on by researchers in the LFS SRP to other active Navy sources. However, for cumulative SEL metric and a take account for received energy from all SURTASS, the results of the LFS SRP occurs when a marine mammal exposed LFA sonar transmissions that a modeled remain the best available data for the to sounds above the threshold level (a animal (‘‘animat’’) receives during a 24- purpose of predicting potential impacts step function where 0 is no take and 1 hr period of a SURTASS LFA sonar from exposure to SURTASS LFA sonar is a take for each individual). Behavioral mission. SPE was also designed to as they evaluated the behavioral response is calculated for each approximate the manner in which the responses of LF hearing specialists individual on a continuum from 0 to 1 effect of repeated exposures accumulate, conducting biologically important based on the marine mammals single as known from studies on humans behaviors to exposures of SURTASS ping equivalent (SPE) value. Therefore, (Kryter, 1985; Richardson et al., 1995; LFA sonar. NMFS and the Navy have many more marine mammals may be Ward, 1968). SPE accounts for the evaluated the science conducted with (and typically are) exposed at sound increased potential effect of repeated other sound sources (e.g., mid-frequency (SPE) levels with a very low risk for a exposures on animals by adding 5 x sonar, the European ‘‘low-frequency behavior response (less than 1). When log10 (number of pings) to each 1-dB active sonar’’ that operates at 1–2 and 6– these risk values are summed to received level (RL) increment (Kryter, 7 kHz) and no newer data change the calculate the estimated take due to 1985; Richardson et al., 1995; Ward, prediction of expected behavioral behavioral response, the result may be 1968). If an individual’s exposure responses. an estimate that is lower than the within a 24-hour period is dominated by Comment 10: The Commission estimate for TTS. In their response to a single loud pulse, the SPE will not be recommended that NMFS and the Navy comments in the SURTASS LFA FSEIS/ greater than the SPL (rms) of that single prioritize conducting a behavioral SOEIS, the Navy provides the following loud pulse. However, if there are two or response study (BRS) using updated example to illustrate: If the blue whale more pulses of the same amplitude, the BRS methods involving SURTASS LFA has a hypothetical population estimate calculated SPE will be greater than the sonar and mysticetes, other odontocetes of 10 individuals, one animal may SPL (rms) of a single pulse because the including sperm whales, and/or phocids experience TTS, five may have some SPE metric accounts for accumulation, under the monitoring requirements for percent risk of a behavioral response, and SPL does not. Therefore, the the final rule and ensure that the and four may not be impacted. calculated SPE is never lower than the behavior thresholds are able to be Estimating take, one animal is predicted SPL rms of the loudest pulse. updated accordingly before the next to experience TTS. The five animals in The SEL metric is used to determine rulemaking. the population have potential physiological effects (PTS and TTS) and Response: The Navy has agreed to behavioral response (risk values) of 0.5, the Navy’s rulemaking and LOA evaluate the feasibility and appropriate 0.2, 0.05, 0.04, and 0.01. When summed, application, as well as this final rule, methods to collect new data to this is 0.8 for the entire population. use the SEL metric to estimate these supplement the data available on Therefore, the risk of TTS (1 animal) is impacts as described in the NMFS’ 2018 behavioral responses of marine greater than the risk of behavioral Acoustic Technical Guidance. Research mammals to SURTASS LFA sonar using response (0.8 animal), but the number of indicates that behavioral responses are newer methods and technologies. These animals experiencing TTS (one) is less context specific and due to both types of scientific inquiries fit within than the number that have the potential received level and a suite of other the scope the Navy’s Living Marine to experience a behavioral response factors including behavioral context. All Resources (LMR) program. The LMR (five). other applicants use SPL thresholds for program weighs the various Navy assessing Level B harassment by research needs against each other Behavioral Harassment Thresholds and behavioral disruption, and the Navy through a needs and solicitation Take Estimates uses SPL based risk functions for all of process. The Navy has submitted a Comment 9: With respect to SPE as its other training and testing activities, needs statement to the LMR advisory the metric to estimate behavioral which utilize sound sources of shorter committee to research future data response, the Commission pulse lengths. Since SPE allows for a collection that would supplement recommended that NMFS use either (1) consideration of the duration of a signal understanding of how SURTASS LFA a metric (i.e., SPL or sound exposure and is always more conservative than sonar may affect marine resources, level (SEL)) and associated thresholds SPL rms values, it is equal to or more including mysticetes and beaked that are based on physics rather than conservative than an SPL based risk whales. SPE or (2) the behavioral response function and NMFS concurs with its use Comment 11: NRDC et al. noted that metrics and thresholds that the Navy with SURTASS LFA sonar. the proposed rule analysis relies currently uses for all other LF sonar Although the LFS SRP study is from entirely on the LFA Scientific Research sources based on Department of the the late 1990s, the source used was the Program (SRP) in establishing Navy (2017b) to estimate behavior takes most similar in source characteristics behavioral risk parameters for the for the final rule. NRDC et al. also stated and operating parameters to the SURTASS LFA system. They noted that that given the lack of any tenable SURTASS LFA sonar source, and most study took place twenty years ago and justification for maintaining an SPE closely matches the nature and context is inconsistent with more recent science approach, NMFS, and the Navy, should of the Navy’s current activity. on the behavioral response of marine use the more widely accepted, more Specifically, the multiple LF sources mammals to low-frequency underwater conservative SEL in determining the that may be used in the Navy’s major noise. They stated that reliance on the effect of multiple exposures on marine training exercises (such as AFTT and SRP to the exclusion of all other mammals. HSTT) include sources that are operated scientific literature on the impacts of

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low-frequency sound would be arbitrary applicable to the SURTASS LFA sonar even though exposure was at a lower RL and capricious. NRDC et al. noted that assessment and are aware of no basis to (88 to 110 dB re: 1 mPa), which the marine mammal science, including the invalidate the overall results of the SRP. authors noted was a novel sound source technology used to study behavioral As noted in the response to Comment that provided a compelling contextual response to underwater noise, has 10, the Navy will evaluate the feasibility probability for the observed effects. advanced significantly over the two and appropriate methods to collect new Gong et al. (2014) assessed the effects of decades since the SRP concluded. They data to supplement the data available on the OAWRS transmissions on calling stated that the tags used in the SRP were behavioral responses of marine rates on Georges Bank and determined Time-Depth Recorders, which, in mammals to SURTASS LFA sonar. constant vocalization rates of humpback rendering only depth profile, are Comment 12: NRDC et al. noted that whales, with a reduction occurring primitive by comparison with the Navy claims that the SRP remains before the OAWRS system began contemporary marine mammal tags, more relevant than the host of more transmitting. Risch et al. (2014) pointed which include accelerometers, recent investigations because it is the out that the results of Risch et al. (2012) magnetometers, and hydrophones. The only study of a tonal source operating at and Gong et al. (2014) are not newer tags provide far greater capacity frequencies below 500 Hz. The contradictory, but rather highlight the to track alterations in animal commenters noted that researchers in principal point of their original paper orientation, velocity, and noise the Stellwagen Bank National Marine that behavioral responses depend on production, and therefore to detect Sanctuary documented suppression in many contextual factors, including disruptions in marine mammal feeding humpback whale vocalization during range to source, RL above background and other behaviors. Additionally, they operations of an Ocean Acoustic noise level, novelty of signal, and noted that the SRP’s sample sizes were Waveguard Remote Sensing (OAWRS) differences in behavioral state. Further, small, focal species were limited, and system, a powerful low-frequency fish the authors did not state or imply that the LFA system was generally operated sensor operating at similar frequencies, the observed behaviors had long-term at less than full power. They noted that at distances of 200 km from the source effects on individual animals or new technologies and methods indicate (Risch et al. 2012). The Heard Island populations. The responses of whales to limitations of the Navy’s research. They Feasibility Test, which likewise the OAWRS system are consistent with cited studies that observed reductions in involved a tonal sound source operating the LFA behavioral response function, buzz rates in sperm whales and harbor below 500 Hz, reported complete as it estimates that behavioral changes porpoises that could not have been cessations in vocalizations of long- can occur at received levels lower than observed without newly available finned pilot whales and sperm whales 180 dB. Results from the Heard Island 2 technology (Miller et al., 2009; Pirotta et over a 4900 km area following Feasibility Test (Bowles et al., 1994) al., 2014). exposure (Bowles et al. 1994). They show that during the pre-experiment stated that these papers join a spate of baseline period, sperm whales were Response: As noted in the response to other studies documenting large-scale Comment 9, the data collected during detected 24 percent of the time and changes in baleen whale vocalizations short-finned pilot whales were detected the SURTASS LFA sonar LFS SRP and those of other species in response studies remain the best available data eight percent of the time. During night- to predominantly low-frequency time recordings during the baseline for predicting behavioral responses to anthropogenic noise (Nowacek et al., SURTASS LFA sonar. However, NMFS period, sperm whales were detected 2015) and that the best available science eight percent of the time and pilot and Navy also considered other relevant indicates that the Navy’s behavioral whales were detected zero percent of studies on the potential effects of LF response function for LFA, promulgated the time. Neither species was detected sound transmissions on marine by NMFS in the Proposed Rule, is non- during the low-frequency transmissions, mammals. None of these other studies conservative. contradict the conclusions of the LFS Response: We disagree that the LFA but both species were detected 36 h SRP (see the Potential Effects of the sonar behavioral response function is after transmissions ended. It is not Specified Activity on Marine Mammals non-conservative. Discussion of known whether sperm and pilot whales and their Habitat section in the additional studies on the behavioral were masked during the transmissions proposed rule and Chapter 4 of the 2019 responses of marine mammals to a or whether they ceased vocalizing. SURTASS LFA FSEIS/SOEIS for variety of sound sources are provided in Since sperm whales frequently become descriptions of studies). While we the Potential Effects of the Specified silent in the presence of anthropogenic acknowledge the age of the SURTASS Activity on Marine Mammals and their noise (Watkins and Schevill, 1975; sonar LFS SRP data, the age of these Habitat section in the proposed rule and Watkins et al., 1985), it is possible they data does not invalidate them, their Chapter 4 of the 2019 SURTASS LFA exhibited a behavioral response. contributions to science, nor the FSEIS/SOEIS. As discussed in the NMFS concurs with the use of the conclusions based upon those data. It is proposed rule, the potential for Navy’s behavioral response function true that the technology and techniques behavioral response to an anthropogenic and that it conservatively estimates available to gather marine animal data source is highly variable and context- Level B harassment takes. There is no have become increasingly diverse and specific. Also, as discussed in the indication that this method sophisticated over time and that LFS proposed rule, the recorded OAWRS underestimates take. While the entire SRP sample sizes were small. The produced a series of frequency- ensonified area cannot be monitored commenter points out the sorts of data modulated pulses and signal received (using visual or passive and active that may be gathered utilizing new levels. Risch et al. (2012) documented acoustic monitoring), marine mammal technologies and cites to the reduction in humpback whale observations during SURTASS LFA ‘‘limitations’’ of the SRP. NMFS vocalization concurrent with sonar activity and those predicted using acknowledges that newer methods may transmissions of the low-frequency annual activity level and location allow for additional data collection, OAWRS system at distances of 200 km indicate the Navy has never exceeded however, in the meanwhile, NMFS and (108 nmi) from the source. The OAWRS authorized take for SURTASS LFA the Navy have considered all of the source appears to have affected more sonar activities (with the first LOA for data, LFS SRP and otherwise, that are whales than Phase III of the LFS SRP, SURTASS LFA sonar activities

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beginning in August 2002). The applicable policies and interpretations separate the factors used to determine potential for behavioral response to an should be developed through a separate whether a potential impact on marine anthropogenic source is highly rulemaking (e.g., in amendments to 50 mammals or their habitat is adverse and dependent on context, including CFR 216.103 or 216.105) or policy whether possible mitigation measures characteristics of the sound signals and statement rather than in individual would be effective. their pattern of transmission, the incidental take authorizations and Response: The Commission environmental factors affecting sound recommended that NMFS pursue such a recommends NMFS consider applicable movement, and the behavioral state of rulemaking or publish a proposed factors in its least practicable adverse the animal during exposure. Further, policy for public review and comment. impact analysis in a specific manner. not every response of a marine mammal The Commission expressed concerns However, it did not provide any rises to the level of a take, and some of that some stakeholders may not be suggested criteria for determining its the responses cited by the commenter aware of or choose not to comment on recommended first step. would not necessarily do so (e.g., minor the proposed interpretation in this NMFS has clearly articulated the modifications in vocalizations of a context, because the particular agency’s interpretation of the LPAI duration shorter than exposure to the authorization may not otherwise be of standard and our evaluation framework signal). As previously noted, the interest to them (e.g., because the in the Mitigation section of this notice. SURTASS LFS SRP exposed LF activity is in a geographical location or Specifically, NMFS identified the specialist cetaceans engaged in concerns a type of activity not of adverse impacts that it is considering in biologically important behaviors to real- particular interest). the LPAI analysis and comprehensively world SURTASS LFA sonar Response: We appreciate the evaluated an extensive suite of measures transmissions; the SRP results remain Commission’s recommendation and that might be available to reduce those the best available science for assessing may consider the recommended impacts (some of which are adopted and potential impacts associated with approaches in the future. We note, some that are not) both in the context exposure to SURTASS LFA sonar. The however, that providing relevant of their expected ability to reduce SURTASS LFS SRP experiments explanations in a proposed incidental impacts to marine mammal species or exposed baleen whales to RLs ranging take rule is an effective and efficient stocks and their habitat, as well as their from 120 to about 155 dB re: 1 mPa rms way to provide information to the reader practicability (see Mitigation and SPL and detected only minor, short- and solicit focused input from the Negligible Impact Analysis and term behavioral responses. Short-term public, and ultimately affords the same Determination sections). In the behavioral responses do not necessarily opportunities for public comment as a Mitigation section, NMFS has explained constitute significant changes in stand-alone rulemaking would. NMFS in detail our interpretation of the least biologically important behaviors. The has provided similar explanations of the practicable adverse impact standard, the behavioral response function is also least practicable adverse impact rationale for our interpretation, and our conservative for non-LF specialists, as it standard in other recent section approach for implementing our was developed for species believed to be 101(a)(5)(A) rules, including: the final interpretation. The ability of a measure most sensitive to SURTASS LFA sonar. rules for U.S. Navy Training and Testing to reduce effects on marine mammals is Therefore, although the results of the Activities in the Atlantic Fleet Study entirely related to its ‘‘effectiveness’’ as risk function modeling are interpreted Area (83 FR 57076; November 14, 2018) a measure, whereas the effectiveness of such that they would constitute and the Hawaii-Southern California a measure is not connected to its practicability. NMFS’ interpretation of ‘‘significant disruptions to biologically Study Area (83 FR 66846; December 21, the LPAI standard is a reasonable important behaviors,’’ (i.e., causing 2018), as well as the proposed rule for interpretation that gives effect to the disruption of natural behavioral Geophysical Surveys Related to Oil and language in the statute and the patterns, including, but not limited to, Gas Activities in the Gulf of Mexico (83 underlying legislative intent. Congress migration, surfacing, nursing, breeding, FR 29212; June 22, 2018). Comment 14: The Commission stated intended the agencies administering feeding, or sheltering, to a point where that in its previous letters it section 101(a)(5)(A) to consider such patterns are abandoned or recommended that NMFS adopt a two- practicability when determining significantly altered) not all predicted step approach when applying the least appropriate mitigation, but we do not exposures would in fact rise to such a practicable adverse impact standard. believe the analysis must be conducted level, and the resulting risk function First, it should identify the criteria it in such a rigid sequential fashion. There modeling is conservative for all marine will use to determine whether adverse is a tension inherent in the phrase ‘‘least mammals. impacts on marine mammal species/ practicable adverse impact’’ in that Mitigation and Monitoring stocks or their habitat are anticipated. If ‘‘least [. . .] adverse impact’’ pulls in potential adverse impacts are identified, favor of one direction (i.e., expanding Least Practicable Adverse Impact the second step should be to determine mitigation) while ‘‘practicable’’ pulls in Determination whether measures designed to reduce favor of the other direction (i.e., limiting Comment 13: The Commission noted those impacts are available and mitigation), and weighing the relative that NMFS’ interpretation of the least practicable. The Commission expressed costs and benefits is, in our view, a practicable impact standard in various concern that, because NMFS’ criteria for more meaningful way to address and proposed rules has been an evolving applying the least practicable adverse resolve this tension. Contrary to the one, and it is unclear that any of those impact standard commingle elements Commission’s suggestion, there is no discussions, targeted to specific related to whether impacts are adverse formulaic way to do this. As we instances, should be considered to and whether potential mitigation explained in the discussion of the LPAI constitute a formal interpretation. measures are likely to be effective, standard above using a simple Rather, it is a shifting target that NMFS’ analysis is not as clear as it hypothetical example to illustrate the requires the Commission and other should be. The Commission therefore point, means of minimizing adverse stakeholders to comment repeatedly on recommended that NMFS rework its impacts at the species or stock level is the various permutations. The evaluation criteria for applying the least not a black and white proposition. Commission stated that such generally practicable adverse impact standard to Further, the standard is accomplished

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through mitigation imposed for changes with the MMPA ‘‘properly described a clear proposed process and individuals—yet the standard does not balance the equities associated with detailed set of factors that would be require that we minimize individual military readiness and maritime species used to identify OBIAs, both prior to the takes or impacts to the maximum extent protection’’). finalization of the rule, as well as practicable. Comment 15: The Commission stated adaptively throughout the course of the NMFS’ approach laid out in this that section 101(a)(5)(A)(i)(II)(aa) of the rule. Further, NMFS provided the rulemaking acknowledges that, even MMPA specifies that incidental take public with a carefully evaluated and when the negligible impact standard is regulations are to set forth permissible honed list (reduced from hundreds met, NMFS must still consider methods of taking pursuant to such considered, down to 25 presented) of mitigation under the LPAI standard. activity, and other means of effecting potential OBIAs that preliminarily met NMFS’ approach recognizes that the least practicable adverse impact on the biological criteria (in addition to the impacts to species or stocks of marine such species or stock and its habitat, four that were already established for mammals accrue through individuals paying particular attention to rookeries, the geographic areas included in the and, as such, allows for reducing mating grounds, and other areas of Study Area) to provide input on. NMFS impacts on individuals, but with a focus similar significance. The Commission systematically described these OBIA on measures designed to avoid or stated that in this case, NMFS has only candidates in the context of the OBIA minimize impacts on marine mammals identified in the most general sense the process and factors and indicated all of that are likely to increase the probability means it will use to effect the least the references from which the or severity of population level effects. practicable adverse impact—it will supporting information was obtained. The greater the likelihood that a identify and impose heightened The public was given adequate measure will contribute to reducing the protections in as yet unidentified information upon which to base input probability or severity of adverse OBIAs—and has provided no on this mitigation, as required by the impacts to a species or stock, the greater information to assess when and where APA. The fact that the practicability of the weight that measure is given when NMFS believes it would be practicable these areas for the Navy was not considered in combination with for the Navy to abide by those discussed in the proposed rule did not practicability to determine the exclusions. Only at the final rule stage prevent the public from providing appropriateness of a mitigation measure. would NMFS generate a list of the areas meaningful input on the information While the analysis we describe can be that meet the OBIA criteria, provide its and potential OBIAs presented. conducted for each measure, we read rationale for determining which areas the ‘‘means of effecting the LPAI’’ satisfy those criteria, and discuss Comment 16: The Commission noted standard as ultimately applying to the whether requiring the Navy to employ that the analysis provided in the totality of all required measures taken mitigation measures in and near those Federal Register notice seems to together. Accordingly, NMFS can take areas would be practicable. The conflate the species and habitat portions into account other measures that will be Commission stated that this approach is of the least practicable adverse impact implemented when considering the inconsistent with how NMFS has standard. NMFS discussed the benefit of additional measures. NMFS handled every previous rulemaking distinction between impacts on has weighed the relevant considerations involving the Navy’s activities, and individual marine mammals versus as explained in its fuller discussion of more importantly, is inconsistent with impacts on species and stocks in some LPAI. the requirements of the Administrative detail. However, that distinction is While the Ninth Circuit’s opinion in Procedure Act (APA), which requires irrelevant when considering adverse Pritzker (83 F.3d 1125 (9th Cir. 2016)) that NMFS give the public a meaningful impacts to important marine mammal did not directly address this question, opportunity to comment on what the habitat such as rookeries, mating the Court appeared to view NMFS’ agency is proposing. In this instance, grounds, and areas of similar conceptual approach of weighing the public is not being given a significance. All of these types of areas various considerations as an acceptable meaningful opportunity to comment on are important at the species or stock one. In response to our 2012 rule, where which OBIAs are appropriate to include level. Further, the Commission stated we described our approach as including in the final rule. Rather, commenters are that it believes all of the areas that meet ‘‘a careful balancing of the likely degree left to speculate on which OBIAs NMFS the OBIA designation criteria constitute to which the measure is expected to might select and to comment in a important habitat for purposes of minimize adverse impacts to marine vacuum as to whether those would be implementing section mammals with the likely effect of that practicable for the Navy to meet its 101(a)(5)(A)(i)(II)(aa) of the MMPA and measure on personnel safety, operational goals if some or all of the that mitigation measures to avoid or practicality of implementation, and OBIAs that meet the criteria are reduce adverse impacts to all of those impact on the effectiveness of military included in the final rule. The areas should be included in the final readiness activity,’’ the Court said ‘‘this Commission recommended that, in this rule unless such measures are not formulation makes sense so far as it is and other proposed rules, NMFS inform practicable. The Commission therefore stated,’’ Pritzker, 828 F.3d at 1135 the public what measures it is proposing recommended that, in the final rule, (emphasis added), though faulted NMFS to include in the final rule to satisfy the NMFS again require that the Navy for not meaningfully discussing how the requirements of section ensure that none of the areas designated measures it imposed would meet that 101(a)(5)(A)(i)(II)(aa) of the MMPA as OBIAs (or the 1 km buffer zones standard. The legislative history on the rather than leaving the public to around them) are subjected to SURTASS 2004 MMPA amendments for military speculate on all of the possibilities and LFA sonar received levels of 180 dB re readiness activities provides further the practicability of implementing them. 1 mPa or greater. Further, because the support, in that it shows Congress Response: NMFS disagrees with both proposed rule did not include any intended additional weighing for the Commission’s description of the information that indicates it would be military readiness impacts and placed lack of information that NMFS provided impracticable for the Navy to adhere to equal import on the military’s need to the public in the proposed rule and the such a limitation for any of the OBIAs conduct training activities. 2004 assertion that it was inconsistent with under consideration, the Commission U.S.C.C.A.N. at 1447 (stating that the the requirements of the APA. NMFS recommended that this mitigation

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measure apply to all areas the marine mammal food resources. Biological Importance to Cetaceans in Commission recommended be Accordingly, no additional mitigation Data-Poor Regions) guidelines to designated as OBIAs herein. If NMFS or for habitat beyond the geographic based establish OBIAs in data-poor regions. the Navy believes it would be measures identified to minimize NRDC et al. state that the proposed rule: impracticable to implement the impacts on the affected species or stocks ‘‘does so on the grounds [. . .] that identified measures in any of those while using/occurring in certain establishing OBIAs would not further areas, then NMFS should make that case preferred habitat (such as OBIAs), or the reduce fitness consequences (i.e., ‘the in a subsequent Federal Register notice coastal standoff range was warranted. potential for impacts on reproduction or and provide the public with an To the Commission’s last point, in survival’) in individual marine opportunity to comment on any consideration of input from the public mammals and thus would not reduce proposed exceptions before adopting and our final evaluation, NMFS the probability of population-level them. identified 17 areas (in the form of 14 harm. Id. at 7247. Yet this is an Response: NMFS disagrees with the OBIAs) as satisfying the necessary ostensibly higher bar than is articulated Commission’s assertion that NMFS biological and geographic qualifications by the agency in its section interpreting conflates the species and habitat for OBIA designation and the Navy the least practicable adverse impact portions of the LPAI standard. NMFS found that the implementation of all of standard, requiring actual reduction of recognizes the LPAI standard includes a these areas as OBIAs would be fitness impacts rather than reduced requirement to prescribe measures that practicable. Accordingly, all 14 OBIAs disruption of behavioral responses will effect the least practicable adverse are included in the final regulations. associated with fitness. Compare id. at impact on both the affected species or Comment 17: NRDC et al. expressed 7229 (listing factors having ‘greater stocks and their habitat. In our concern that NMFS, in its discussion of value’ for mitigation to include ‘limiting description of implementation of the the LPAI standard, has set forth an interruption of known feeding, standard, we state that reduction of interpretation that remains inconsistent breeding, mother/young, or resting habitat impacts is relevant, particularly with the plain language of the MMPA behaviors’). Putting aside the as it relates to rookeries, mating and with the Court’s ruling in Pritzker inconsistency with the statute, grounds, and areas of similar (83 F.3d 1125 (9th Cir. 2016)). NRDC et discussed above, our practical concern significance, and can include measures al. stated that the agency reserves its is that NMFS’ interpretation will be to reduce impacts of an activity on consideration of mitigation measures to used as a convenient legal defense—just known prey utilized in the area or those that ultimately ‘‘are likely to as it was in Pritzker—to prop up an reducing impacts on physical habitat. increase the probability or severity of insufficient analysis. NMFS should Our discussion of least practicable population-level effects’’ (84 FR 7228), ensure that it applies the ‘‘least adverse impact points out that because and that it appears to base this practicable adverse impact’’ standard in understanding on an imputation of habitat value is informed by marine a manner that reduces the impacts (e.g., population-level harm into the ‘‘least mammal presence and use, in some Level A and Level B harassment take) practicable adverse impact’’ standard, cases there may be overlap in measures that Congress intended to prohibit in and particularly into the standard’s for the species or stock and for use of adopting the MMPA.’’ habitat. Here we have identified time- reference to ‘‘such species or stock.’’ area restrictions based on a combination NRDC et al. stated that the Court in Response: NMFS’ interpretation and of factors that include higher densities NRDC v. Pritzker specifically rejected implementation of the LPAI standard is and observations of specific important this assumption when the agency not inconsistent with the statute or the behaviors of the animals themselves, but attempted to import it into the statute Pritzker decision, as described in the these also clearly reflect preferred via its existing regulations concerning Mitigation section of this rule (and not habitat. In addition to being delineated ‘‘negligible impact.’’ NRDC agreed with re-included here). We interpret the LPAI based on physical features that drive NMFS that the reduction of impacts to standard as having a species or stock- habitat function (e.g., bathymetric affected species or stocks ‘‘accrues level focus but believe the reduction of features, among others), the high through the application of mitigation impacts to those species or stocks densities and concentration of certain measures that limit impacts to accrues through the application of important behaviors (e.g., feeding) in individual animals’’ and, consistent mitigation measures that limit impacts these particular areas clearly indicates with this, ‘‘focuses on measures that are to individual animals. Accordingly, the presence of preferred habitat. Just designed to avoid or minimize impacts NMFS’ analysis focuses on measures because the OBIAs address both marine on individual marine mammals’’ that, in that are designed to avoid or minimize mammals and their habitat does not turn, ‘‘are likely to increase the risk of impacts on individual marine mammals mean that NMFS has conflated the two population-level effects’’ (citing to 84 that are likely to increase the probability pieces of the standard. The MMPA does FR 7228). They cite as an example that or severity of population-level effects. not specify that effects to habitat must the agency recognizes measures NMFS acknowledges that it is not a be mitigated in separate measures, and ‘‘limiting interruption of known feeding, mathematical formula; in evaluating a NMFS has clearly identified measures breeding, mother/young, or resting measure, consideration of its value and that provide for mitigation of impacts to behaviors’’ as having ‘‘greater value’’ for its practicability will necessarily both marine mammal ‘‘species or stocks mitigation. However, NRDC stated that involve exercise of the agency’s and their habitat,’’ as required by the NMFS’ formulation remains problematic professional judgment taking into statute. in practice. NRDC stated that in account the specified activity and other Further, this rulemaking evaluated the detaching itself from the MMPA’s ‘‘take contextual factors. NMFS’ rule fully effects of SURTASS LFA sonar activities provision,’’ it creates ‘‘vagueness that discusses its evaluation applying the on marine mammal habitat, specifically leaves the provision open to standard it sets forth. Moreover, there is including prey, and concluded that inconsistent, arbitrary application’’ and no inconsistency in the standard and marine mammal prey will not be that the proposed rule appears to the application in view of the full exposed to sustained duration and wander beyond the interpretation that discussion in this rule. The language intensity of sound levels that would NMFS sets down when it rejects the quoted in the comment cannot be result in significant adverse effects to White Paper (Identifying Areas of isolated from the context of the full

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discussion in the rule and then cited as be prudent. The Commission noted that that it roughly reflects the Navy’s proof of inconsistency. Specifically, to determination of effectiveness has been threshold for the onset of auditory support its assertion, NRDC points to based solely on what has been injury per NMFS guidance. NRDC et al. our rationale for not adopting the ‘‘observed’’ via the three monitoring stated that the 180 dB threshold fails to recommendations in the White Paper methods and some theoretical meaningfully protect marine mammals (discussed in detail in the Mitigation assumptions. True ‘‘effectiveness’’ from the behavioral impacts that the section). The comment mischaracterizes studies evaluate not only the animals agencies have repeatedly characterized our conclusions by suggesting our that are detected, but also those that are as the impacts of primary concern. They reasoning is based solely on the fact that missed. The Navy is conducting a noted that according to prior Navy the recommendations in the White lookout effectiveness study to assess the analysis, the 175–180 dB (rms) annulus Paper will not further reduce fitness effectiveness of visual monitoring. A has an average ‘‘take’’ risk of 91.5 consequences of individuals and thus similar study, including the assessment percent, the 170–175 dB (rms) annulus would not reduce population level of both passive and active acoustic a take risk of 80.5 percent, the 165–170 harm. This ignores the fuller discussion, monitoring, would provide a more dB (rms) annulus a risk of 61.5 percent, in which our assessment shows that the appropriate means than the Navy’s the 160–165 dB annulus a risk of 38.5 proposed mitigation would add little, if current approach for concluding that the percent (rms), the 155–160 dB annulus any, value for lowering the probability measures are 100 percent effective. a risk of 18 percent, and the 150–155 dB or severity of impacts to individual Response: The effectiveness of the annulus a risk on the order of 8–9 marine mammal fitness, but also that it HF/M3 sonar system to monitor and percent (see 2007 SEIS at 4–74). They is highly impracticable for the Navy. detect marine mammals has been stated that given the greater area Thus, the White Paper assessed. Details on this assessment and subsumed within the lower-decibel recommendations were not adopted the effectiveness of the HF/M3 system annuluses, the number of takes based on a straightforward application are provided in a technical report by occurring within even the 150 dB of the LPAI standard. Ellison and Stein (2001), the 2001 annulus can be high, despite the lower SURTASS LFA FOEIS/EIS (see relative risk. NRDC et al. stated that the Procedural Mitigation Effectiveness and subchapters 2.3.2.2 and 4.2.7.1 for the Recommendations geographic sound field operational HF/M3 sonar testing results), as well as constraints designed to eliminate LFA Comment 18: The Commission Chapter 4, Section 5.4.3 of the 2019 exposures out to at least 150 dB (rms) recommended that, in the final rule, SURTASS LFA FSEIS/SOEIS. The study are likely to be practicable for most, if NMFS require the Navy to (1) use a 30- qualitatively and quantitatively assessed not all, OBIAs, as the Navy already minute clearance time when a marine the HF/M3 system’s ability to detect avoids dive sites out to 145 dB (rms) mammal has not been observed to have marine mammals of various sizes with (DSEIS at 5–5), nominally requiring a left the mitigation zone, consistent with 170 hours of at-sea testing, including greater mitigation distance than a 150 other Navy activities and (2) conduct trials off the coast of San Diego with dB (rms) standoff would entail. They post-activity monitoring including trained bottlenose dolphins, as well as stated that the Navy’s broad claim of visual, passive acoustic, and active several developmental tests with impracticability for any mitigation acoustic monitoring for 30 rather than artificial targets (which allowed for threshold lower than 180 dB 15 minutes. examination of whether these methods Response: A 30-minute post exemplifies the non-rigorous potentially miss animals). The results rationalizing that the court in monitoring timeframe is more widely indicate a near 100 percent probability Conservation Council found used in other authorizations mainly due of detecting marine mammals before unconvincing and unsupportable under to the fact that marine mammal they enter the LFA mitigation zone. As the MMPA (See 97 F.Supp.3d at 1229– detections are largely reliant on visual noted by the commenter, the Navy 31). NRDC et al. stated that NMFS’ surveys and this time accounts for continues to assess the effectiveness of ‘‘practicability criterion’’ requires a site- marine mammals with longer-duration its mitigation measures. The results of specific discussion, with the Navy, of dives. In addition to visual and passive any new studies will be assessed any OBIA that the Navy initially acoustic monitoring, the HF/M3 (active through the Adaptive Management determines to be impracticable, to see if acoustic monitoring system) is used process. NMFS acknowledges the a modification of the OBIA can address with SURTASS LFA sonar activities. limitations associated with visual and Detection through active acoustics is passive acoustic monitoring, but the issue. They recommended that the typically not used with authorizations together with the near 100 percent Navy and NMFS presumptively adopt a for other activities. However, given the effectiveness of active acoustic 150 dB (rms) mitigation distance from near 100 percent effectiveness of the monitoring with the HF/M3 sonar each OBIA, except where geographically HF/M3 system with multiple pings (see system, NMFS has determined that specific, clearly stated operational needs response to Comment 7), in combination these mitigation monitoring measures make such a distance impracticable, in with the two other mitigation are highly effective. which case it should adopt the largest monitoring efforts (visual and passive Comment 20: NRDC et al. noted that practicable distance, to be determined acoustic monitoring), NMFS feels the proposed mitigation distance on a case-by-case basis according to the confident that any marine mammals resulting in sound pressure levels procedure set forth in the ‘‘practicability present in the mitigation zone would be within OBIAs and coastal exclusion criterion.’’ detected within the 15-minute zones not to exceed 180 dB re 1 mPa Response: After the development of timeframe. (rms) bears no relation to the Navy’s NMFS’ 2018 Acoustic Technical Comment 19: The Commission noted behavioral response function, even Guidance, NMFS and the Navy that it does not appear that the Navy has though the agencies have repeatedly reevaluated the use of 180 dB re: 1 mPa conducted a study to investigate the identified behavioral disruption as the rms as the basis for the LFA mitigation effectiveness of the suite of mitigation primary marine mammal impact of zone and concluded that 180 dB would measures currently being employed or concern from LFA sonar, or to any be retained as the mitigation basis (see proposed for SURTASS LFA sonar qualitative assessment of stress response the Mitigation section of this final rule activities and that such a study would or masking effects. NRDC et al. noted and Chapter 5, Section 5.2 of the 2019

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SURTASS LFA FSEIS/SOEIS for details B harassment) to LFA sonar of Technical Guidance was classified as a on this reevaluation). However, in individuals within OBIAs will be even Highly Influential Scientific Assessment consideration of updated PTS and TTS further limited, both in received level and, as such, underwent three thresholds, the 180 dB threshold for the and time. Specifically, the already independent peer reviews, at three OBIA and the coastal exclusion zone protective circumstances described for different stages in its development, boundaries is expected to preclude not OBIAs above will be in place up until including a follow-up to one of the peer only PTS at the outer perimeter of these an OBIA has been exposed to LFA sonar reviews, prior to its dissemination by areas, but also likely some instances of for 124–148 hours per year; beyond that NMFS. In addition, there were three TTS and more severe forms of Level B number of hours, the maximum separate public comment periods, harassment by behavioral disruption. received level an individual may be during which time we received and Moreover, the 180 dB threshold applies exposed to (when both the animal is at responded to similar comments on the at a distance 1 km from OBIA the edge and the vessel at its closest guidance (81 FR 51694; August 4, 2016), boundaries, further reducing exposure approach) would be substantially which we cross-reference here, and levels at the OBIA perimeters to reduced and, as described above, any more recent public and interagency approximately 174 dB. In addition, the marine mammals further within the review under Executive Order 13795. likelihood and severity of behavioral OBIA would be exposed to even lower This review process was scientifically harassment is further reduced within levels, and even lower when the vessel rigorous and ensured that the Guidance these important areas as maximum is not right at the edge. represents the best scientific data received levels in these areas are even Further, it is inappropriate to compare available. Furthermore, the recent peer- lower the farther an animal is from the the 145-dB zone around dive sites to the reviewed updated marine mammal perimeter and the farther the vessel is 180-dB zone around OBIAs, as they noise exposure criteria by Southall et al. from the edge. In other words, while an have different purposes and are subject (2019) provide identical PTS and TTS individual in the coastal exclusion zone to different requirements. Whereas the thresholds to those provided in NMFS’ might be exposed to levels as high as goal of the 145-dB zone around dive Acoustic Technical Guidance. 180 dB (174 dB if in an OBIA, given the sites is generally to avoid any impacts NMFS disagrees with any suggestion 1 km buffer) briefly if animal is at the to human divers and is in no way that the use of the Acoustic Technical edge and a SURTASS LFA vessel has associated with the requirements of the Guidance provides erroneous results. approached at the closest allowable MMPA, take of marine mammals is The use of the 180-dB rms threshold to distance from the edge—the majority of expected and authorized to occur, but as identify where PTS would occur is individuals within the area will always required by the MMPA, NMFS and the plainly outdated, as the best available be exposed to levels increasingly lower Navy have ensured that the extensive science indicates that rms SPL is not an than that (the farther they are from the suite of measures required will effect appropriate metric by which to gauge edge), plus the vast majority of the time the least practicable adverse impact. potential auditory injury (whereas the Comment 21: NRDC et al. stated that SURTASS LFA vessels will not be right scientific debate regarding thresholds the criteria NMFS adopted [NMFS’ at the edge. Therefore, while this for Level B harassment by behavioral Acoustic Technical Guidance], mitigation measure based on 180 dB disruption is not about the proper following the Navy, to estimate will not totally avoid all takes within metric but rather the proper level or temporary and permanent threshold OBIAs, it will meaningfully reduce both levels and how these may vary in shift in marine mammals are erroneous different contexts). the number and severity of takes within and non-conservative. They stated that Regarding the suggestion that the these important areas significantly by Wright (2015) identified several thresholds are non-conservative, ensuring that the majority of individual statistical and numerical faults in the multiple studies from humans, marine mammals within these areas are Navy’s approach, such as pseudo- terrestrial mammals, and marine exposed to lower levels with lower replication and inconsistent treatment mammals have demonstrated less TTS probabilities of being taken, and less of data that tend to bias the proposed from intermittent exposures compared severe responses if the take occurs. criteria towards an underestimation of to continuous exposures with the same Regarding the comments about effects. NRDC et al. stated that similar total energy because hearing is known to practicability, NMFS and the Navy have and additional issues were raised by a experience some recovery in between thoroughly evaluated the practicability dozen scientists during the public noise exposures, which means that the of all of the mitigation measures, comment period on the draft Acoustic effects of intermittent noise sources including the OBIAs and their Technical Guidance held by NMFS and such as tactical sonars are likely associated 180-dB zones, and in noted that at the root of the problem is overestimated. Marine mammal TTS consideration of public comments have the agencies’ broad extrapolation from a data have also shown that, for two added an additional measure to further small number of individual animals, exposures with equal energy, the longer minimize behavioral harassment within mostly bottlenose dolphins, without duration exposure tends to produce a OBIAs. Specifically, no more than 25 taking account of what Racca et al. larger amount of TTS. Most marine percent of the authorized amount of (2015) have succinctly characterized as mammal TTS data have been obtained SURTASS LFA sonar will be used for a ‘‘non-linear accumulation of using exposure durations of tens of training and testing within 10 nmi (18.5 uncertainty.’’ seconds up to an hour, much longer km) of any single OBIA during any year Response: NMFS disagrees with this than the durations of many tactical unless it is required for national characterization of the Acoustic sources (much less the continuous time security, permission is obtained from Technical Guidance and the associated that a marine mammal in the field the appropriate designated Command recommendation. The Acoustic would be exposed consecutively to authority prior to commencement of the Technical Guidance is a compilation, those levels), further suggesting that the activity, NMFS is notified as soon as is interpretation, and synthesis of the use of these TTS data are likely to practicable, and these sonar hours are scientific literature that provides the overestimate the effects of sonars with reported in annual activity reports. This best scientific information regarding the shorter duration signals. measure ensures that exposures (and effects of anthropogenic sound on Regarding the suggestion of pseudo- thereby probability and severity of Level marine mammals’ hearing. The replication and erroneous models, since

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marine mammal hearing and noise- extent based on applying mathematical Comment 23: NRDC et al. noted that induced hearing loss data are limited, functions to fit the existing TTS data. they have called on the Navy and NMFS both in the number of species and in the Comment 22: NRDC et al. stated the to adopt a more expansive, more number of individuals available, proposed rule gives little consideration biologically meaningful coastal attempts to minimize pseudo- to expanding the LFA coastal exclusion exclusion, particularly one that protects replication would further reduce these zone, assuming, based on its analysis in the continental shelf and slope with a already limited data sets. Specifically, prior environmental reviews, that its standoff from the shelf break. They with marine mammal behavioral standoff distance should remain 12 nmi noted that NMFS’ own subject-matter temporary threshold shift studies, from shore. The commenters stated that experts, in the White Paper, recommend behaviorally derived data are only this reliance on prior analyses is not that, absent specific data to the contrary, available for two mid-frequency supportable. ‘‘all continental shelf waters and waters cetacean species (bottlenose dolphin, Response: As described in the 100 km of the continental slope should beluga) and two phocids (in-water) Mitigation section, the Navy’s 2007 be designated as biologically important pinniped species (harbor seal and SURTASS LFA FSEIS/SOEIS evaluated habitat for marine mammals.’’ They northern elephant seal), with otariid (in- increasing the coastal standoff distance recommended that NMFS, in water) pinnipeds and high-frequency up to 46 km (25 nmi). Based on a six- consultation with the Navy, should step analysis process, its analysis cetaceans only having behaviorally- consider alternative coastal exclusion showed that increasing the coastal derived data from one species. areas. standoff range would decrease exposure Arguments from Wright (2015) Response: NMFS carefully considered to higher received levels for regarding pseudo-replication within the the White Paper’s recommendations and concentrations of marine animals TTS data are therefore largely irrelevant we present an evaluation of the White closest to shore, but would do so at the in a practical sense because there are so expense of increasing exposure levels Paper’s recommendation to restrict LFA few data points. Multiple data points for shelf break and pelagic species. This sonar transmissions from all continental were not included for the same result is due to the reduced overlap of shelf waters and waters 100 km seaward individual at a single frequency. If the exposure area with land leading to of continental slope in the White Paper multiple data points existed at one an increase in exposure area as the Specific Recommendations subsection frequency, the lowest TTS onset was sound source moves farther offshore. of the Mitigation section. As discussed always used. There is only a single There have been no changes to the best in this section, given the other frequency where TTS onset data exist available scientific information or other mitigation measures we are requiring, for two individuals of the same species: indications that the coastal standoff takes of marine mammals would be 3 kHz for dolphins. Their TTS distance should be increased since this limited to Level B harassment in the less (unweighted) onset values were 193 and analysis; therefore, there is no change in severe range of behavioral reactions and 2 194 dB re 1 mPa s. Thus, NMFS believes this mitigation measure from previous some TTS, as described above. that the current approach makes the best rulemakings. Nonetheless, it is also Consequently, the only additional use of the given data. Appropriate erroneous to say that the new rule gives anticipated value to restricting means of reducing pseudo-replication no consideration to further extending SURTASS LFA sonar activities in may be considered in the future, if more the coastal exclusion, given the continental shelf waters and waters 100 data become available. Many other extensive analysis of the White Paper km seaward of continental slope would comments from Wright (2015) and the (see Mitigation section and response to be some potential, though not certain or comments from Racca et al. (2015b) Comment 23 immediately below), significant, reduction in the number of appear to be erroneously based on the which included a recommendation for a less severe behavioral reactions in those idea that the shapes of the auditory larger coastal exclusion. As noted in the areas. In general, not all behavioral weighting functions and TTS/PTS 2012 final rule (77 FR 50290; August 20, responses rise to the level of a take and exposure thresholds are directly related 2012), over 80 percent of the existing not all harassment takes result in fitness to the audiograms; i.e., that changes to and potential marine protected areas consequences to individuals that have the composite audiograms would reviewed were within 12 nmi from a the potential to translate to population directly influence the TTS/PTS coastline, indicating the effectiveness of consequences to the species or stock. exposure functions (e.g., Wright (2015) the coastal standoff as one of the Given the anticipated impacts of describes weighting functions as primary mitigation measures for SURTASS LFA sonar, there is little to ‘‘effectively the mirror image of an reducing potential impacts to marine no likelihood that the impacts of the audiogram’’ (p. 2) and states, ‘‘The mammals. OBIAs expand upon this anticipated takes would accrue in a underlying goal was to estimate how protection by avoiding or minimizing manner that would impact a species or much a sound level needs to be above impacts in areas beyond the coastal stock even in the absence of any hearing threshold to induce TTS.’’ (p. standoff distance where marine additional mitigation. Considered with 3)). Both statements are incorrect and mammals are known to engage in the uncertain potential of this proposed suggest a fundamental specific behaviors that may lead to more recommendation to provide meaningful misunderstanding of the criteria/ severe impacts if interrupted; known to incremental reduction of risk or severity threshold derivation. This would congregate in higher densities; and/or of impacts to individual marine require a constant (frequency- known to have a limited range and mammals, NMFS concludes that this independent) relationship between small abundance that creates more recommendation would not reasonably hearing threshold and TTS onset that is vulnerability for the stock as a whole. be expected to provide a reduction in not reflected in the actual marine These criteria are important when the probability or degree of effects on mammal TTS data. Attempts to create a determining whether mitigation would any marine mammal species or stocks. ‘‘cautionary’’ outcome by artificially be likely to reduce the probability of Moreover, NMFS discusses why the lowering the composite audiogram effects to individuals that would measure would not be practicable for thresholds would not necessarily result translate to minimization of impacts at the Navy to implement. NMFS in lower TTS/PTS exposure levels, since the population level under the LPAI acknowledges that while these measures the exposure functions are to a large standard. could potentially reduce the numbers of

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takes of some individual marine standard, for this rulemaking NMFS assess measures in light of the LPAI mammals within a limited number of directly considered the White Paper standard. To fulfill that requirement, species, or could add some small degree recommendations (see discussion of the NMFS considers all measures that we of protection to preferred habitat or White Paper recommendation in the are reasonably aware of (e.g., from feeding behaviors in certain Mitigation section). We considered the recommendations or review of data) that circumstances, this limited and factors as instructed by the Court, have the potential to reduce impacts on uncertain benefit did not justify although we ultimately did not adopt marine mammal species or stocks, their adopting the White Paper’s the White Paper’s recommendations. habitat, or subsistence uses of those recommendations considering the NMFS’ interpretation of the Ninth stocks, regardless of whether those existing mitigation measures already Circuit’s opinion is based on the fact measures are characterized as implemented by the Navy and the high that neither the MMPA nor NMFS’ ‘‘precautionary’’ or address ‘‘data-poor’’ degree of impracticality for Navy implementing regulations include areas. Through the LPAI standard, implementation. references to, or requirements for, the NMFS considers ‘‘precautionary’’ precautionary approach, nor is there a recommendations such as those Offshore Biologically Important Areas clear, agreed-upon description of what contained in the White Paper. As (OBIAs) the precautionary approach is or would discussed below, the OBIA process OBIA Criteria/Evaluation Process entail in the context of the MMPA or specifically allows for consideration of any specific activity. Nevertheless, the areas that could be characterized as Comment 24: The Commission noted MMPA by nature is inherently relatively ‘‘data-poor’’ and we also that a lack of data or insufficient data protective, including the requirement to considered measures that provide for regarding marine mammal presence and mitigate to the lowest level practicable mitigation in data-poor areas under the abundance is not an adequate basis for (‘‘least’’ practicable adverse impacts, or LPAI standard (independent of the failing to adopt precautionary measures, ‘‘LPAI,’’ on species or stocks and their OBIA process, i.e., the White Paper). In especially when such data are not habitat).1 This requires that NMFS short, we believe the requirements of available for most of the world’s oceans. section 101(a)(5)(A), including the LPAI The Commission noted it made this 1 We are aware of statements we made in the standard, have been satisfied. point in its 2011 letter on a previous preamble for our 2001 incidental take regulations The Ninth Circuit’s Pritzker decision DSEIS and the U.S. Court of Appeals for for the Navy’s ship shock tests (66 FR 22450, 22453 faulted NMFS for not considering the the Ninth Circuit remanded the (May 4, 2001)), in which we evaluated the impact of underwater detonations that propagate shock White Paper mitigation SURTASS LFA sonar case on that basis. waves through a ship’s hull under deliberate and recommendations for ‘‘data-poor areas’’ The Commission stated that the Ninth controlled conditions to simulate near misses from against the OBIA standards NMFS had Circuit indicated that NMFS and the underwater explosions similar to those encountered set for the 2012 rule. We do not read the Navy should have considered whether a in combat. In that case, NMFS was authorizing up to four mortalities and six non-serious injuries of opinion as holding that the MMPA precautionary approach would give various species. During that rulemaking we compelled a change in the criteria and more protection to marine mammals, received a public comment stating that in the process for evaluating OBIAs. Again, and then whether that protection would absence of adequate data, NMFS and the Navy NMFS addressed the Court’s decision by impede military training to a degree that should apply the precautionary principle, ‘‘the fundamental elements of the principle being: the separately and independently makes such mitigation impracticable. existence of some indication of threat of harm; the evaluating the White Paper’s The Commission stated that it appears harm is serious or irreversible; scientific recommendations for benefits to the that NMFS is failing to take a uncertainty as to the nature or severity of the affected species or stocks and sufficiently precautionary approach, outcome; and an obligation on decision-makers.’’ Our response said: practicability, without regard to the particularly with respect to the Pacific The MMPA prohibits the taking of marine OBIA criteria. Using the best available Remote Island MNM. mammals unless exempted or permitted. Taking information, NMFS considered the Response: We acknowledge that the means to harass, hunt, capture, or kill, or attempt recommendations in the White Paper Ninth Circuit opinion stated that NMFS to harass, hunt, capture, or kill any marine under our interpretation of the LPAI ‘‘should have considered whether ‘the mammal. Therefore, NMFS believes that the precautionary principle is already at the core of the standard and determined the measures precautionary approach’ would give MMPA. However, because the MMPA authorizes (as well as smaller buffer distances) more protection to marine mammals, the taking of marine mammals under section were not warranted, as described in and then whether that protection would 101(a)(5), provided certain conditions and those sections of this rule. impede military training to a degree requirements are met, NMFS must prudently apply the Precautionary Principle through careful analysis In reaching the conclusion that making that mitigation not practicable.’’ of impacts and implementation of measures that NMFS’ record for the 2012 rule did not Pritzker, 828 F.3d at 1138. The Court will reduce impacts to marine mammals to the establish the agency had satisfied the went on to fault NMFS for not lowest level practicable. As described in this LPAI standard, the Court determined considering the White Paper’s document, NMFS believes that it and the Navy have applied the Precautionary Principle to the greatest that NMFS failed to consider an recommendations. Taken in the context extent possible for this action through an extensive important aspect of the problem, of the Court’s full discussion, however, aerial monitoring and mitigation program that will ‘‘namely the underprotection that we read the Ninth Circuit’s use of the protect marine mammals to the greatest extent accompanies making conclusive data an term ‘‘the precautionary approach’’ as practicable. The mitigation and monitoring program indispensable component of OBIA are discussed later in this document. In addition, specifically referring to the NMFS and the Navy have applied the precautionary designation,’’ and that this ‘‘systematic recommendations in the White Paper for principle by having the decision-making process in underprotection of marine mammals’’ designating OBIAs in ‘‘data-poor’’ the public forum through NEPA and notice and regions of the ocean (described therein comment rulemaking. requirements for good visibility and daylight. Those as a precautionary approach for Taken as a whole, we do not view that response specific measures would be appropriate under the as inconsistent with our current position. We agree LPAI approach we set forth in this rule assuming designating OBIAs), rather than a here that the MMPA is inherently protective. As for similar circumstances. The risks to individual broader mandate to adopt a the mitigation imposed for the ship shock trials, we marine mammals from the ship shock tests were ‘‘precautionary approach’’ in carrying said we conducted a careful analysis of impacts and potentially irreversible in terms of acute impacts to implementation of measures that will reduce fitness in light of the nature of the specified out the requirements of the statute. impacts to marine mammals to the lowest level activity, and the mitigation and monitoring In response to the Ninth Circuit’s practicable. This consisted of an extensive aerial measures were deemed appropriate to achieve the opinion and in the context of the LPAI monitoring program, delaying detonations, and LPAI standard.

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cannot be consistent with the assessment of whether it believes (e.g., the humpback whale feeding area requirement that mitigation measures including specific areas that meet the supported by the bathymetric and result in the ‘‘least practicable adverse designation criteria would be oceanographic complexity of the impact’’ on marine mammals.’’ Pritzker, practicable. Rather, NMFS has only Commander Islands), and in other areas 828 F.3d 1125 at 1140. While we have requested public comment on whether of high productivity (e.g., the multi- corrected the identified deficiency by any of the potential areas satisfy the species feeding area supported by the evaluating the White Paper measures OBIA criteria, after which time the Navy North Pacific Transition Zone). NRDC et independent of the OBIA criteria, we and NMFS would, apparently without al. recommend that NMFS reconsider disagree with the suggestion that the any additional public input, evaluate the White Paper guidelines. prescribed mitigation is systematically the practicability of those measures to Response: See response to Comment underprotective. avoid or reduce impacts in those areas. 23. NMFS carefully considered the We emphasize that NMFS’ (and the The Commission stated that NMFS’ White Paper’s recommendations and we Navy’s) informational standards for approach effectively undermines the present an evaluation of the White OBIAs and other mitigation measures, ability of the Commission and others to Paper’s recommendations in the White while data-driven, do not require provide informed comments on that Paper Specific Recommendations scientific certainty or conclusive data. portion of the proposed rule. subsection of the Mitigation section. This is illustrated by the fact that the Response: In the Federal Register Comment 27: NRDC et al. OBIA criteria and factors allow for notice of the proposed rule, we recommended that NMFS consider consideration of a variety of information described the process NMFS and the alternative habitat models and sources, including historic whaling Navy used to identify and evaluate (particularly in the Northwest Pacific) data, stranding data, sightings potential OBIAs and presented 25 areas additional line-transect data for information, and regional expertise, to considered for potential designation as identifying areas of biological name a few examples of the data new OBIAs for this rulemaking. We importance. NRDC et al. stated that it is considered. As more detailed in presented the draft analysis for these prudent for NMFS to consider Appendix C of the 2019 SURTASS LFA potential OBIAs using the identified alternative modeling approaches FSEIS/SOEIS, supporting documents OBIA criteria and factors in a document capable of accounting for non- that are considered include peer- entitled Potential Marine Mammal standardized collection of survey data reviewed articles; scientific committee OBIAs for SURTASS LFA Sonar; Marine and opportunistic sightings such as reports; cruise reports or transects; Areas Under Consideration. Through those presented in Corkeron et al. personal communications or the proposed rule, the public had the (2011), Lambert et al. (2014), and unpublished reports; dissertations or opportunity to comment on the OBIA Mannocci et al. (2015). NRDC et al. theses; books, government reports, or analysis and designation process noted that the IWC–POWER large-area NGO reports; and notes, abstracts, and (including practicability) and potential transect surveys conducted by Japan conference proceedings. In fact, NMFS OBIAs (including recommending over the last decade provide a basis for has designated OBIAs for areas based on additional OBIAs). As noted in response empirically grounded modeling and these types of information sources to Comment 15, we disagree that the identification of high-density habitat for (whaling data, stranding data, ability to provide informed comments most of the Navy’s Northwest Pacific unpublished reports, etc.). For example, was undermined, given the public was operations area. NRDC et al. note that the evidence supporting the designation provided a discrete, manageable list of NMFS now has the data needed to of the Southern Bali OBIA (designated potential OBIAs supported by our conduct a data-based analysis in this in this rule) is largely from an preliminary analysis, and that NMFS region at least, satisfying its own criteria unpublished report of line-transect was accepting and addressing input for OBIA identification. NRDC et al. surveys and the National Marine regarding biological qualifications and recommended that NMFS should Mammal Stranding Network of practicability. Further, as always, NMFS consult the same subject-matter experts Indonesia. will also consider entirely new it drew upon during the last Thus, we disagree that we are failing recommendations for OBIAs through the authorization cycle, who are the to take a sufficiently precautionary adaptive management process, and will agency’s experts in marine mammal approach. The Pacific Remote Islands do so utilizing the process and types of habitat modeling in the North Pacific. Marine National Monument (Wake/ information described in the proposed Response: NMFS and the Navy are Johnson/Palmyra atolls and Kingman rule. aware of the active area of research in Reef Units, which are located in the Comment 26: NRDC et al. developing habitat-based models that SURTASS LFA Study Area) was on the recommended that NMFS reconsider the extrapolate cetacean densities beyond OBIA Watchlist and was considered as guidelines for capturing biologically surveyed regions. For example, the a candidate OBIA. NMFS and the Navy important marine mammal habitat in Navy and NMFS were reviewers of and reviewed all available data and no data-poor areas that its subject-matter used the results of Mannocci et al. specific important biological behaviors experts provided during the last LFA (2017) for the U.S. Navy’s Atlantic Fleet of marine mammals have been authorization cycle (in the White Paper) Training and Testing area NEPA characterized in these waters. As such, and that were addressed by the Ninth analyses and MMPA rulemaking. As this marine area did not meet the Circuit. NRDC et al. stated that previously noted in the response to biological criteria required for information on cetacean distribution Comment 3, it is possible that the designation of an OBIA and was not and habitat use demonstrate that the sighting results from the IWC–POWER further considered currently as an White Paper guidelines (as described in cruises could be used to extrapolate OBIA. their additional comments on OBIAs) density and abundance estimates Comment 25: The Commission stated hold true in almost every case, with throughout the North Pacific in the its concern that although NMFS has important marine mammal habitat areas future, using the methods developed by identified potential OBIAs it might occurring along continental shelf and Mannocci et al. (2015) that were applied include in the final rule, it has neither shelf edge waters (e.g., the multi-species to extrapolate density estimates in the specified which ones it actually is migratory route off western Australia), North Atlantic (Mannocci et al., 2017). proposing to include nor provided any around seamounts and island systems Cruise reports through 2017 are

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available online, with cruises including information gathered from LFA operations area. See, e.g., 84 FR at continuing for another few years. When regional experts. NMFS and the Navy 7234 (noting that ‘‘best source’’ of data additional results are available, NMFS contacted regional experts when demonstrating high marine mammal and the Navy will consider use of these available information was not sufficient densities ‘‘is publicly-available, direct methods to extrapolate density and to determine whether an area met the measurements from survey data’’). abundance estimates that could inform OBIA criteria and factors. In these cases NRDC et al. stated that while NMFS’ identification of biologically important NMFS and the Navy contacted regional criteria do allow for use of ‘‘other areas through the Adaptive Management researchers known to be conducting available data or information,’’ they do process. Lambert et al. (2014) used the research or surveys in the area. The so only if ‘‘those data and information, simulated distribution of micronekton Navy and NMFS contacted marine either alone or in combination with from the Spatial Ecosystem And mammal researchers in the Marianas limited direct data, are sufficient to Population Dynamics Model and Guam region to request copies of establish that at least one of the (SEAPODYM) to predict the habitat of their marine mammal sighting data to biological criteria are present,’’ and that three cetacean guilds in tropical waters. gain an understanding about the areas it remains unclear from this description While their results provide some already identified via survey effort what evidentiary standard will apply to interesting insights into the use of where marine mammals may be the consideration of OBIAs where direct predicted prey maps in cetacean aggregating and conducting biologically data are not available. distribution models, they are best used important behaviors. We also provided Response: NMFS does not require to prioritize future research areas. the opportunity for regional researchers ‘‘conclusive data’’ 2 for imposing Corkeron et al. (2011) developed to comment on the potential OBIAs and conservation and management measures statistical methods for using spatially the OBIA analysis, and to suggest for SURTASS LFA sonar, including— autocorrelated sighting results to additional OBIAs for consideration though not only—in the case of OBIAs identify the Dhofar coast of Oman as an through the public comment process on (see response to Comment 24). As important region for the Arabian Sea the proposed rule and the 2018 another example of the incorporation of DPS of humpback whales. However, the SURTASS LFA DSEIS/SOEIS. In data poor areas in mitigation measures, Dhofar coast of Oman is outside of the addition to using information gathered the coastal standoff zone uniformly SURTASS LFA sonar Study Area and from regional experts and presented in applies not only in areas with Corkeren et al. (2011) state ‘‘Although it reports with regional authors (for supporting data about marine mammals is theoretically possible for us to project example, through the IMMA and EBSA (80 percent of the areas initially model predictions into other areas, we designation process), as noted in identified for OBIA consideration in consider this inadvisable, as our basic response to Comment 24 and detailed in 2012 were within the 12 nmi (22 km) design was not to make inference about Appendix C of the 2019 SURTASS LFA coastal standoff) but also in areas that the distribution of humpback whales FSEIS/SOEIS, we also used a variety of could be fairly characterized as data along the entire Oman coast.’’ Therefore, supporting documents including peer- poor. In addition, shutdown protocols though its statistical models could be reviewed articles; scientific committee will be in effect wherever SURTASS applied to sightings data within the reports; cruise reports or transects; LFA sonar activities occur, including in SURTASS LFA Study Area, the personal communications or areas where data are limited. humpback whale results are not unpublished reports; dissertations or Comment 30: NRDC et al. stated that applicable. NMFS and the Navy will theses; books, government reports, or as it did during the most recent continue to consider, discuss and NGO reports; and notes, abstracts, and authorization cycle, NMFS proposes to examine the utility of these models for conference proceedings. At any rate, exclude from OBIA consideration all identifying important areas for marine NMFS and the Navy have considered marine mammals that do not exhibit mammals in the SURTASS LFA sonar the best available science in the low-frequency specialization, excepting Study Area. development of this SURTASS LFA sperm whales and elephant seals, and Comment 28: NRDC et al. sonar final rule. Given limited agency that this position remains non- recommended that NMFS and the Navy resources, the limited likely value precautionary and inappropriate. They communicate directly with researchers added beyond our already extensive state that the Navy did not include in the Indian Ocean and Asia to identify research, and the fact that there is no odontocetes in the LFA SRP which it potential areas of biological importance, requirement that the agency continues to take as the exclusive data including areas with high cetacean communicate directly with all experts source for estimating impacts from the abundance. NRDC et al. included a list in a particular topic, we have not LFA system, notwithstanding that of contacts in their comment letter contacted all of the individuals study’s age and limitations. NRDC et al. (Appendix). recommended by NRDC. noted that recent meta analyses of the Response: NMFS and the Navy In a related effort, NMFS and the ocean noise literature indicates that, acknowledge the importance of regional Navy have obligated funding to convene taken as a whole, the odontocetes are input to identify and gather data for a Working Group/Expert Elicitation behaviorally reactive to predominantly areas of biological importance to marine effort (beginning in 2020) to update low-frequency sources of noise, in ways mammals for which information may existing Biologically Important Areas that are consistent with a higher not be available in published literature. and identify new areas outside of the potential for effects on vital rates, at To obtain the best available data for U.S. Exclusive Economic Zone (EEZ). exposure levels that would put them each potential OBIA, NMFS and the As applicable, the results of this effort well outside the LFA shutdown zone Navy conducted a deep and would be considered through the (Gomez et al., 2016; Bowles et al., 1994). comprehensive literature review. As adaptive management provision of the NRDC et al. goes on to state that described in the response to Comment rule. literature has also demonstrated that 24 the Navy and NMFS considered a Comment 29: NRDC et al. expressed some species, such as harbor porpoises variety of information sources when concern that NMFS’ selection criteria and beaked whales, are particularly evaluating the potential of an area as an for OBIAs maintain an evidentiary OBIA (detailed in Appendix C of the requirement that exceeds the 2 NRDC v. Pritzker, 828 F.3d 1125, 1140 (9th Cir. 2019 SURTASS LFA FSEIS/SOEIS), information available for most of the 2016).

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sensitive to a diversity of anthropogenic elephant seals negates that assertion, sensitive LF hearing, the LFA risk sounds, including sounds of and nothing in the proposed rule continuum is conservative in that it is predominantly low frequency; and suggested that NMFS would not anticipated to overestimate the physiological research on finless consider other species with increased responses of other species that are less porpoise indicates that a heightened sensitivity to LF sound, if data indicate sensitive to LF sounds. sensitivity to lower-frequency sound that it is appropriate. As described in Comment 31: NRDC et al. stated that may be conserved across porpoise this rule, the hearing sensitivity of other NMFS’ 2012 rule required the Navy to species (Liu, 1985; Li et al., 2008). They taxa (MF and HF cetaceans) is such that advance research on the impacts of LFA indicated that several studies have their sensitivity to the LFA signal is sonar on beaked whales and harbor reported harbor porpoise behavioral reduced by 40 to 50 dB, meaning that porpoises, first, by convening an responses to pile driving sounds source has to be much louder for the independent Scientific Advisory Group (Tougaard et al., 2009; Bailey et al., animal to hear it, and therefore to to make research and monitoring 2010; Brandt et al., 2011; Dahne et al., potentially be behaviorally harassed by recommendations and, second, by either 2013; Parsons, 2017) and beaked whale it. The Navy will implement a near-100 promulgating a plan of action to behavioral responses to commercial percent-effective mitigation measure for implement the Advisory Group’s shipping sounds and European LFAS minimizing impacts when marine recommendations or submitting a systems (between 1 and 2 kHz) (Aguilar mammals are in close proximity to the written response to NMFS explaining de Soto et al., 2006; Pirotta et al., 2012; LFA sonar source (passive and active why they are infeasible. NRDC et al. Miller et al., 2015; Sivle et al., 2015) and acoustic and visual detection and requested a copy of any Scientific that some of these responses occurred at shutdown), and it also restricts Advisory Group and Executive distances beyond 20 km (e.g., beyond transmissions within the coastal Oversight Group reports and the 1 km safety zone in proposed standoff range, which encompasses the recommendations and asked that they mitigation). NRDC et al. stated that majority of biologically important be made available to the public. according to a recent paper on the habitats. Response: The Navy completed an vulnerability of range-limited assessment of the validity, need, and NMFS and the Navy are aware of the recommendations for field research and/ populations to acoustic impacts, failure publications discussed by NRDC et al. to consider the effects of both noise or laboratory research on the potential NMFS and the Navy have considered all effects of SURTASS LFA sonar on exposure and displacement of Cuvier’s available data on potential impacts to beaked whales from their habitat in this beaked whales and harbor porpoises in marine mammal species and stocks in a final report submitted to NMFS in July region ‘‘could lead to more severe their analyses, not just the SURTASS biological consequences than ‘Level B 2017, prior to the expiration of the 2012 LFA sonar SRP. Very few studies (many MMPA rule. One research project was Harassment’’’ (Forney et al., 2017). are described by the commenters) have funded to study the spatial overlap of NRDC et al. state it is ‘‘improper to examined odontocete behavioral SURTASS LFA sonar activities with exclude these acoustically sensitive responses to LF sounds. Those that have harbor porpoise habitat to bound the species from OBIA mitigation,’’ and that been conducted largely focus on sounds potential for impacts. Given the larger the Navy and NMFS must take a that include both the frequencies overlap of SURTASS activities with precautionary approach to harbor produced by LFA sonar (100–500 Hz) beaked whale populations (as compared porpoises and beaked whales, both in and also higher frequencies (greater than to harbor porpoises, which have very analyzing impacts and in considering 500 Hz), or LFA sonar sounds at higher little overlap with SURTASS activities) habitat-based mitigation measures. frequencies than proposed by the Navy and the relative lack of data regarding Response: One of the factors that the (e.g., European LFA sonar between 1 beaked whale responses to LFA sonar, Navy and NMFS consider in the and 2 kHz). For example, the sounds the Navy has agreed to initiate a formal designation of OBIAs, established in the produced by pile driving, seismic feasibility study through the Living 2012 FSEIS/SOEIS (DoN, 2012) and surveys, and vessel movement are Marine Resources program to assess the carried forward in the current OBIA broadband, low-frequency sounds (i.e., value, practicality, and cost of designing assessment process, is that the OBIA containing frequencies greater than 500 and conducting a controlled exposure protective measures pertain to those Hz), and pile driving and seismic survey experiment to measure the effects of species most likely to be affected by sounds are more impulsive in nature LFA sonar on beaked whales (as well as exposure to LFA sonar transmissions, than LFA sonar. Further, some of the other marine mammals—see response to namely LF sensitive species such as responses documented in the studies Comment 10). baleen whales. Thus, the primary focus cited are lower level behavioral The 2013 Scientific Advisory Group of the OBIA mitigation measure is on LF responses that would not necessarily report on beaked whales and harbor hearing specialist species. However, as rise to the level of MMPA harassment. porpoises can be found at: http:// noted in the proposed rule, OBIAs have It is true that the quantitative estimates www.surtass-lfa-eis.com/downloads/. been designated for non-LF hearing of takes for all marine mammals are While there is no Executive Oversight specialists, such as elephant seals and derived from the LFA risk continuum, Group report, the Executive Oversight sperm whales, since the available which is based on the behavioral Group recommendations are hearing data for these species indicate responses of LF hearing specialists summarized in the 2017 report Beaked an increased sensitivity to LF sound (baleen whales) collected with an actual Whale and Harbor Porpoise Monitoring (compared to most odontocetes and SURTASS LFA sonar source. As such, and Reporting Requirements which can pinnipeds). Therefore, contrary to the these data are realistic contextually and also be found at: http://www.surtass-lfa- comment’s assertion, NMFS did not remain the best available for quantifying eis.com/downloads/. propose to exclude from OBIA the response of LF-sensitive marine Comment 32: NRDC et al. consideration all marine mammals that mammals to the SURTASS LFA sonar recommended that in line with NMFS’ do not exhibit low-frequency source (see also response to Comment intent in previous authorizations, that specialization. The very fact that we 9). Because the LFA risk continuum was frequency specialization be considered acknowledged that OBIAs could be developed based on the responses of as one factor among several in appropriate for sperm whales and marine mammal species with the most determining the relative importance of a

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potential OBIA. NRDC et al. noted that understudied. They stated that Parsons specialist species. Based on current the agency can then focus their (2016) recently suggested that such information, beaked whales are not practicability analysis for odontocete species should be assumed known to have increased sensitivity to species on the most biologically ‘‘threatened,’’ as it is likely certain data- LF sounds; therefore, we do not believe important habitat. NRDC et al. noted deficient species are, in fact, added protection afforded by an OBIA that NMFS should give careful analysis ‘‘vulnerable’’ or ‘‘endangered,’’ given (i.e., beyond that provided by the LFA to areas of high marine mammal their low sightings rates and restricted sonar mitigation zone, described in the biodiversity, which are also likely to be ranges. NRDC et al. recommended Mitigation section) is warranted. As areas of high marine biodiversity— NMFS and the Navy work with with other marine mammals, Navy will appropriate given the increasing researchers embedded within these re-evaluate if additional data become evidence of impacts of low-frequency regions to help build our state of available that demonstrate that these sound on non-marine mammal biota, knowledge on these species and identify animals are more sensitive to LF some of which is described in the potential OBIAs. They stated that three sounds. Proposed Rule, and that NMFS should species of data-deficient cetaceans are The proposal described in the Parsons carefully analyze the practicability of worth particular note: Omura’s whale (2016) opinion paper has not been protecting areas, such as those off the (Balaenoptera omurai) and adopted by the IUCN. As stated in the main Hawaiian Islands and around Deraniyagala’s beaked whale IUCN Red List categories and criteria certain Hawaiian seamounts (which are (Mespolodon hotula) and Berardius (IUCN, 2012) definition: ‘‘A taxon is important to beaked whales, among beaked whale, which have been recently Data Deficient when there is inadequate other species), that are known to contain described in the northern Pacific Ocean. information to make a direct, or small, resident odontocete populations. Response: NMFS and the Navy are indirect, assessment of its risk of Response: As described in response to aware of the active area of genetics extinction based on its distribution and/ Comment 30, frequency specialization is research used to identify new species. or population status.’’ They go to say a one factor NMFS and the Navy Omura’s whales and Deraniyagala’s data deficient species may be well considered when evaluating potential beaked whales are considered in the studied, but appropriate data on OBIAs. The intent of OBIAs is to protect rule and SURTASS LFA FSEIS/SOEIS abundance and/or distribution are those marine mammal species, such as impact analyses using the best available lacking, and that ‘‘listing of taxa in this baleen whales, most likely to hear and data for those taxa. The new Berardius category indicates that more information be affected by LFA sonar transmissions beaked whale splits the black form of is required and acknowledges the and to provide these marine mammals Baird’s beaked whale into a new species possibility that future research will additional protections during periods distinct from the gray form of the show that threatened classification is when they are conducting biologically Baird’s beaked whale, which will retain appropriate.’’ To be precautionary they significant activities. However, OBIAs the scientific name Berardius bairdii suggest, ‘‘it is important to make have been evaluated and designated to (Morin et al., 2017). Therefore, although positive use of whatever data are provide additional mitigation protection this split into two species is not part of available.’’ As described in response to for non-LF hearing specialists, such as the LFA impact analysis, the data on Comment 24, NMFS has compiled and elephant seals and sperm whales, since Baird’s beaked whale encompasses both assessed the best available science, as the available hearing data for these forms, as has traditionally been required, to support the findings made species indicate an increased sensitivity reported. here and does not plan to reach out to to LF sound (compared to most While no hearing data on these new additional regional experts. odontocetes and pinnipeds). Regarding species are available, hearing in the OBIA Areas the comment about areas of high marine Omura’s whale is presumed, like other mammal diversity, NMFS has evaluated baleen whales, to be within the range of Comment 34: NRDC et al. noted in all of the areas recommended by 7 Hz to 22 kHz and they have been their comment regarding the designation commenters in the context of the LPAI recorded producing sounds from 15 to of OBIAs that as ESA Critical Habitat, standard, including several areas of high 50 Hz (Cerchio et al., 2015; Southall et Important Marine Mammal Areas marine mammal diversity (e.g., al., 2007). Very little is known about the (IMMAs), and Ecologically or Southeast Kamchatka OBIA) and our Deraniyagala’s beaked whale and Biologically Significant Areas (EBSAs), analysis and findings are presented in nothing specifically is known about have all previously been identified this rule and the SURTASS LFA FSEIS/ their hearing sensitivity. They are, through a rigorous scientific process, SOEIS. Specifically, NMFS designated however, similar to other beaked whales including opportunity for public the Main Hawaiian Islands OBIA which, presumed to hear in the mid-frequency comment and peer review; as such, although designated for the purposes of range from 150 Hz to 160 kHz (NMFS, these areas should be immediately further protecting humpback whales, 2018). While their hearing range carried forward by the Navy for will also reduce the exposure of several overlaps partially with the frequency geographic mitigation purposes. small resident populations of bandwidth of SURTASS LFA sonar, it is Response: As noted in the Mitigation odontocetes to SURTASS LFA sonar. presumed that their bandwidth of best section of this final rule, the 2019 NMFS and the Navy will continue to hearing, like other beaked whales, is SURTASS LFA FSEIS/SOEIS, and evaluate any new science as part of the well above the frequency range of previous documentation for SURTASS Adaptive Management process. SURTASS LFA sonar. The intent of LFA sonar, criteria for the designation of Comment 33: NRDC et al. noted that OBIAs is to protect those marine OBIAs are specific to the purpose of several marine mammal species mammal species, such as baleen whales, designating OBIAs for SURTASS LFA occurring within the proposed most likely to hear and be affected by sonar, which is geographic mitigation. SURTASS LFA study area are LFA sonar transmissions and to provide The purpose and criteria for designation considered ‘‘data deficient’’ by the them additional protections during of ESA critical habitat, EBSAs, and International Union for Conservation of periods when they are conducting IMMAs may inform our consideration of Nature (IUCN), due to the eastern Indian biologically significant activities. Thus, areas as potential OBIAs but are not per Ocean and, to a lesser extent, the the primary focus of the OBIA se coincident with the criteria or Northwestern Pacific regions being mitigation measure is on LF hearing purpose of OBIAs for SURTASS LFA

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sonar. As such, all marine areas and NMFS and the Navy will evaluate pygmy blue and sperm whales, and both considered as potential OBIAs must be the area as a potential OBIA through the these regions include physiographic evaluated per the criteria developed for Adaptive Management Process if new features and annual monsoonal SURTASS LFA sonar, including the information becomes available. transport that support higher Navy’s practicability assessment, B. Waters around Sri Lanka—NMFS productivity. NMFS and the Navy have regardless of the rigorous scientific should advance the following areas for designated the waters off the entire processes other agencies or year-round blue-whale mitigation areas: southern and eastern shore of Sri Lanka organizations may have undertaken for (i) ‘‘Southern Coastal/Offshore Waters to the Trincomalee Canyon region as an their marine area designations. between Galle and Yala National Park,’’ OBIA for both blue (pygmy) and sperm Comment 35: NRDC et al. noted that an area largely overlapping with OBIA whales. 30 IMMAs were recently identified in Offshore Sri Lanka but which affords C. Southwest India and Western Sri the Northeast Indian Ocean and South year-round protection to the submarine Lanka—NMFS should establish an East Asian Seas Region (IUCN Marine canyons that support high numbers of OBIA southwest of India and west of Sri Mammal Protected Areas Task Force blue whales, and other marine Lanka that reflects the boundaries of the 2019) and should be incorporated into megafauna, throughout the year; (ii) new ‘‘Gulf of Mannar and Palk Bay NMFS’ analysis for its Final Rule. They ‘‘Trincomalee Canyon and Associated IMMA’’ that includes the buffer also noted that 55 candidate IMMAs Ecosystems’’ and (iii) ‘‘Coastal and recommended for protection purposes. were recently been identified in the Offshore Area of the Gulf of Mannar Response: The available data and Western Indian Ocean and Arabian Seas (OBIA Watchlist),’’ which also information are not sufficient for the by regional experts and submitted for encompasses the currently not area southwest and west of Sri Lanka to additional independent peer review considered ‘‘Sri Lankan Side of Gulf of warrant designation as an OBIA, as the (IMMA sub-regions ‘‘ii’’ and ‘‘vii’’ fall Mannar’’ EBSA. NRDC et al. also blue whale data for this area are very within the LFA Study Area). They recommended that any waters not yet sparse and do not support designation recommended that these new IMMAs be included within the boundaries of the of this area as biologically important to immediately taken into consideration by new ‘‘South West to Eastern Sri Lanka blue whales. Anderson et al. (2012) NMFS and the Navy as potential OBIAs IMMA’’ also be advanced for year-round used ocean color data to develop a upon their release. protection. hypothesis of blue (likely pygmy) whale Response: As recommended, NMFS Response: The Navy and NMFS migration in the northern Indian Ocean. and the Navy assessed the 30 IMMAs assessed areas (i) and (ii) mentioned in Based on their hypothesis, Anderson et designated in the Northeast Indian this comment as potential OBIAs for the al. (2012) predicted that blue whales Ocean and South East Asian Seas blue (pygmy) whale. NMFS and the may occur in this area as they migrate Regions. Details of this analysis and Navy’s final assessment of these areas’ from the Arabian Sea to eastern Sri which IMMAs met the OBIA potential as OBIAs is described in Lanka/Bay of Bengal, but the authors designation criteria are included in Chapter 5 and Appendix C of the 2019 also note that ‘‘with only a single Appendix C of the 2019 SURTASS LFA SURTASS LFA FSEIS/SOEIS. We have offshore sighting from April (Table 1 FSEIS/SOEIS. As part of the Adaptive also noted in our assessment that and Fig. 4), this is one area where Management process for SURTASS LFA although most available data for these additional survey work and/or satellite sonar, NMFS and the Navy will two areas are for blue whales, data on tracking will be required to test our periodically assess any newly sperm whales have been reported and, predictions.’’ designated IMMAs for their suitability where applicable, we note the seasonal We conclude that the existing data are as OBIAs for SURTASS LFA sonar. period during which sperm whale as insufficient to support designating the Comment 36: NRDC et al. well as blue whale important biological proposed area as an OBIA for migration recommended the following for blue activity occurs. or foraging of North Indian Ocean blue whales: Although both the Gulf of Mannar whales. The proposed area southwest of A. Chagos Archipelago—NMFS EBSA and IMMA ((iii) of this comment) Sri Lanka in the Indian Ocean (3° to 12° should ensure that the waters were defined principally for the dugong N, 74° to 80° E) has been added to the encompassed by the no-take marine and coastal dolphins, which occur in OBIA Watchlist, and NMFS and the protected area are included in a year- nearshore or inshore coastal waters too Navy will evaluate the area as a round OBIA to protect important habitat shallow for use of SURTASS LFA sonar, potential OBIA through the Adaptive for blue whales as well as other cetacean because baleen and sperm whale Management Process if new information species including sperm whales. records from MPAs located within the becomes available. Response: The BIOT-Chagos Islands Gulf of Mannar EBSA and IMMA are D. West of the Maldives (November Marine Protected Area (MPA) was an available, the NMFS and the Navy and April)—NMFS should establish an area on the OBIA Watchlist because further evaluated the Gulf of Mannar OBIA west of the Maldives that reflects when last assessed by NMFS and the region as a potential OBIA. The the boundaries described in Anderson et Navy, sufficient data were not available available information and data do not al (2012): 1°–6° N, 70.5°–72.5° E. to determine if marine mammals were support the area’s biological importance Response: Blue whales occur in the present and conducting biologically to blue whales, as only rare blue whale area around the Maldives. However, the important behaviors in the area. The records, from strandings, are available purpose of OBIAs is to protect areas BIOT-Chagos Islands MPA was re- for the Gulf of Mannar. Although not with some demonstrated biological evaluated to determine if more data designated as an OBIA for SURTASS importance to a marine mammal have become available; however, there LFA sonar, the Gulf of Mannar has been species. According to Anderson et al. continues to be limited data describing added to the OBIA Watchlist so that (2012), the highest concentrations of the presence of marine mammals in the data and information about the area will blue whales in this area occurred in MPA, and even less data on whether continue to be monitored. April, November, and December, with marine mammals are conducting However, most available information strandings having been recorded from biologically important behaviors. and data support the waters off southern December through February. These data Accordingly, the BIOT-Chagos Islands and eastern Sri Lanka as important describe the average seasonal MPA will remain on the OBIA Watchlist migrational and foraging areas for both occurrence of blue whales in these

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waters, but are not indicative of high 121° E and 124° E) year-round, in light A. Northern Arabian Sea—The densities nor that biologically important of its persistent upwelling and high Arabian Sea DPS is a small, highly activity is occurring in these waters. levels of cetacean diversity, including isolated, resident population that Occurrence in a marine area is not foraging pygmy blue whales. requires an OBIA encompassing all sufficient to establish an area’s Response: The Navy and NMFS waters north of 21°50′ N from the importance to a species. The Navy and designated an OBIA for migrating blue western coast of India westward to the NMFS examined all available data and (pygmy) whales and vastly expanded boundary of the proposed SURTASS research on blue whale occurrence in the areal extent of the OBIA in place LFA study area. the waters adjacent to the Maldives to during the NDE for humpback whales in Response: The endangered Arabian determine if biologically important the waters off Western Australia Sea DPS of humpback whales is activity of blue whales occurred in these (Camden Sound/Kimberly Region, OBIA geographically, genetically, and waters. As described in the final 27 during the NDE). The OBIA for the demographically isolated from all other assessment of the Maldives area as a blue whale encompasses Browse Basin populations of humpback whales. potential OBIA in Chapter 5 and and the Savu Sea. Research surveys over the past 30 years Appendix C of the 2019 SURTASS LFA 3. For similar reasons, an OBIA have confirmed the continuous presence FSEIS/SOEIS, there were no data to should also be established bounding the of humpback whales in the shallow, support that blue whales conducted upwelling system along the southern nearshore waters of the Arabian Sea off biologically important activities in this coasts of Java and the Sumbawa Islands, Oman, which is not in the SURTASS area. The area was not designated as an Indonesia. A similar approach to that LFA sonar Study Area. Only a limited OBIA but has been added to the OBIA employed by Anderson et al. (2012) and incidental number of humpback Watchlist, and NMFS and the Navy will could be used to map the boundaries of whale sightings (13 recorded evaluate the area as a potential OBIA this region. The waters of the newly humpbacks by the Marine Mammal through the Adaptive Management designated ‘‘Savu Sea and Surrounding Conservation Network of India, with Process if new information becomes Areas IMMA’’ and the associated buffer records beginning in 1943), passive available. recommended for protection should also acoustic detections, strandings, and one E. Indonesia—Western Australia be included. tagging record have been reported from the eastern Arabian Sea off Pakistan and migration route— Response: Branch et al. (2007) suggest 1. Citing satellite data from Double et western India, with only the waters off the environmental factors ‘‘driving al. (2014), the commenter recommended western India being located within the biological enrichment and enhanced that NMFS/Navy should establish an SURTASS LFA sonar Study Area. Given blue whale foraging’’ and the regional OBIA encompassing the continental the small population size and the well- location of such factors, which have shelf along western Australia between documented concentration of this DPS been cited in this comment. The March through June and September in the western Arabian Sea, the Navy upwelling information in Branch et al. through December. Importantly, the concluded, and NMFs agreed, that the (2007) is based on Hendiarti et al. North West Cape/Ningaloo Reef region, likelihood of humpback whales from the (2004). Hendiarti et al. (2004) note that out to the continental shelf edge, needs Arabian Sea DPS being located in the to be protected from at least April the majority of the upwelling in the waters of the northwestern most part of through June. The Navy should also take southern Indonesian region occurs the Study Area was vanishingly small. measures to avoid the continental shelf seasonally off southeastern Java. It is However, as part of the OBIA process edge off northwestern Australia between also difficult to discern from the data and upon the recommendation of public May through July and September presented in Hendiarti et al. (2004) how comments on the 2018 SURTASS LFA through November, to protect whales much of the coastal upwelling would Draft SEIS/SOEIS and MMPA proposed traveling along the migration route. occur within the coastal standoff range rule, NMFS and the Navy assessed all Response: The Navy and NMFS have of SURTASS LFA sonar, as much of the available data and information on reviewed the Double et al. (2014) paper higher productivity appears to take humpback whales in the waters off cited herein. We agree that the place nearshore. western India and the nearby information cited on the migrational However, more importantly, while an Lakshadweep Archipelago. See Area 32 area for blue whales was compelling upwelling area has potential, at least of Appendix C of the 2019 SURTASS enough to warrant the Navy and NMFS seasonally, as an important foraging area LFA FSEIS/SOEIS for review of the researching the area to obtain additional for cetaceans, a species’ seasonal scientific literature available for this information and data on the Western occurrence as denoted by higher relative region, which includes assessment of Australia shelf and slope, since the abundance in that area would indicate three recommended OBIAs information pertains to a LF specialist increased foraging during the period of encompassing the west and south coast marine mammal and relates to one of increased productivity. However, NMFS of India: One in the Northern Arabian the key biological behaviors that define and the Navy conducted a thorough Sea (north of 21°50′ N from the western the criteria for OBIAs. The Navy and review of the best available data and no coast of India westward to the boundary NMFS assessed the entire Western data are available to support the of the SURTASS LFA study area); one Australia shelf and slope, including association of blue whales foraging in along the coast of west coast of India Browse Basin and the nearby Savu Sea this area in Indonesia. Therefore, this from Konkan and Malabar out to 60 km area, as a potential OBIA for blue area does not meet the criteria for (32.4 nmi) from shore; and one along the (pygmy) and humpback whales. An establishing an OBIA. The area has been south coast of India from Muttom to OBIA was designated for each species in added to the OBIA Watchlist, and Kanyakumari out to include Wadge this region. The OBIA for the humpback NMFS and the Navy will evaluate the Bank. Although several records indicate whale greatly expands the geographic area as a potential OBIA through the that rare occurrences of humpback extent of OBIA 27, Camden Sound/ Adaptive Management Process if new whales from the Arabian Sea DPS have Kimberly Region in place during the information becomes available. been reported from the waters off NDE. Comment 37: NRDC et al. central and southern Western India, 2. An OBIA should be established to recommended that for humpback these records are far too sparse to protect Browse Basin (∼14° S between whales: suggest a regular occurrence of part of

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the Arabian Sea population of of India westward to the boundary of accommodate migrating humpbacks that humpbacks off western India. For this the SURTASS LFA study area); one are traveling between the Ogasawara reason, the Navy made the decision not along the coast of west coast of India and Kazin Islands was also included. to include the Arabian Sea DPS of from Konkan and Malabar out to 60 km The area surrounding the islands of humpback whales in the 2019 (32.4 nmi) from shore; and one along the Okinawa was designated as part of the SURTASS LFA FSEIS/SOEIS nor in south coast of India from Muttom to Ryukyu-Philippines OBIA. As associated documentation, including the Kanyakumari out to include Wadge recommended all areas of the Babuyan ESA Biological Evaluation for SURTASS Bank). There was no evidence that Marine Corridor IMMA outside of the LFA sonar. However, due the potential biologically important activities are coastal standoff zone were designated as for important migrational activity of conducted in this area. The area was not part of the Ryukyu-Philippines OBIA. humpbacks in these waters, the waters designated as an OBIA, however it has The Ryukyu-Philippines OBIA is of western and southern India were been added to the OBIA Watchlist and designated seasonally from January to added to the OBIA Watchlist and NMFS NMFS and the Navy will evaluate the April (Okinawa) and late February to and the Navy will evaluate the area as area as a potential OBIA through the April (Philippines). Based on the best a potential OBIA through the Adaptive Adaptive Management Process if new available information, the boundary for Management Process if new information information becomes available. the Ryukyu-Philippines OBIA was becomes available. D. Muttom-Kanyakumari and Wadge derived by creating a buffer that was B. Maldives Archipelago—Given the Bank, southern India—NMFS should offset from the coastal standoff range by importance of this area for multiple establish an OBIA to protect this less than 2 nmi (3.7 km) around the species, including Arabian Sea and important foraging habitat area for majority of the Ryukyu Islands and Southern Ocean humpback whales, and Arabian Sea humpback whales and Babuyan Islands, with straight lines Bryde’s whales, NMFS should establish potentially other baleen whale species creating transit corridors between the an OBIA encompassing the waters (See Figure 3 for proposed approximate Ryukyu Islands, the eastern Taiwan within 30 nmi of the archipelago boundaries). coast, and the Babuyan Islands off the baseline. Response: See response to Comment northern Philippines. The boundary off Response: Humpback whales and 37A above. eastern Taiwan was created as a straight E. Northwestern Pacific Breeding Bryde’s whales occur in the area around line less than 3 nmi (5.6 km) from the Areas—NMFS should afford protection the Maldives. Again, however, Taiwanese coastal standoff range. occurrence in a marine area is not to: (i) The Okinawa/Philippines Although the Ryukyu Islands extend all sufficient to establish its importance to humpback whale DPS by establishing an the way to Kyushu Island of the main a species. The Navy and NMFS OBIA encompassing waters less than Japanese islands, since no records examined all available data and research 200 m deep—typical of humpback indicate humpback whales are sighted on whale occurrence in the waters whale wintering habitat—surrounding in these waters of the northern Ryukyu adjacent to the Maldives to determine if the islands of Okinawa from January to Islands, the OBIA boundary extends whales conduct biologically important April and the islands of Ogasawara from only as far north as Amami Island. activities in these waters. As described December to June. The commenters note in the final assessment of the Maldives that Ogasawara is included on NMFS’ F. Northwestern Pacific Feeding area as a potential OBIA in Chapter 5 list of potential OBIAs (84 FR at Table Areas—NMFS should establish: (i) An and Appendix C of the 2019 SURTASS 21, 7) and strongly recommend that this OBIA extending from the east LFA FSEIS/SOEIS, there were no data to area be carried forward for inclusion Kamchatka coastline offshore to the support that whales conduct and expanded to the 200 m depth continental shelf break (encompassing biologically important activities in this contour; and (ii) The newly designated the ‘‘Watchlist’’ OBIA ‘‘Southeast area. The area was not designated as an ‘‘Babuyan Marine Corridor IMMA’’ and Kamchatka Coastal waters’’), from June OBIA; however, it has been added to the buffer recommended for protection, through September; and (ii) an OBIA OBIA Watchlist and NMFS and the primarily identified as the only breeding reflecting the boundaries of the Navy will evaluate the area as a area for humpback whales in the ‘‘Commander Islands Shelf and Slope potential OBIA through the Adaptive Philippines. EBSA,’’ which has not yet been Management Process if new information Response: The area around the islands considered. becomes available. of Ogasawara was designated as an Response: The Commander Islands C. Konkan and Malabar Coast—NMFS OBIA for humpback whales from Shelf and Slope EBSA was not included should establish an OBIA to protect this December to May (this area was also for consideration as an OBIA, because important habitat area for Arabian Sea designated for sperm whales from June the area lies outside the SURTASS LFA humpback whales, blue whales, and to September). Although humpback sonar Study Area, and as such, is not Bryde’s whales (See Figure 2 for whales are observed in relatively eligible for consideration as an OBIA. proposed approximate boundaries). shallow waters of the Ogasawara and NMFS and the Navy considered the Response: See response to Comment Kazin Islands, humpbacks move Southeast Kamchatka Coastal Waters 37A above. NMFS and the Navy between the islands. Male humpback (although it was not on the OBIA assessed all available data and whales are also observed in deeper more Watchlist) and designated an OBIA off information on humpback, blue, and offshore waters than are female southeastern Kamchatka. Further details Bryde’s whales for the West and South humpbacks with calves. Last, the on the seasonal restrictions and areal Coasts of India area (see Area 32 in specific location where breeding and extent may be found in Appendix C of Appendix C of the 2019 SURTASS LFA calving occur in this area is unknown. the 2019 SURTASS LFA FSEIS/SOEIS. FSEIS/SOEIS for review of the scientific Given that lack of knowledge and to Comment 38: NRDC et al. literature available for this region, accommodate the deeper water recommended that for Bryde’s whales which includes assessment of three movements of male humpbacks, the NMFS designate a year-round OBIA recommended OBIAs encompassing the OBIA boundary around the Ogasawara reflecting the boundaries of both the west and south coast of India: One in and Kazin Islands was offset from the ‘‘Coastal Northern Bay of Bengal the Northern Arabian Sea (north of coastal standoff zone by less than 4 nmi IMMA’’ and the ‘‘Swatch-of-No-Ground north of 21°50′ N from the western coast (7.4 km). A straight-line corridor to IMMA,’’ and their associated buffers

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designed to inform place-based importance to the northern elephant mammal occurrence in the conservation measures. seal. Although it is true that the North Lakshadweep Archipelago, with very Response: The Coastal Northern Bay Pacific Transition Zone (NPTZ), Polar few survey sightings of cetaceans or of Bengal IMMA was assessed but not Front, and Kuroshio Extension Front are stranding data. Because of this lack of carried forward as a potential OBIA defined as oceanographic frontal zones data there is no indication that this area because it is relevant to marine mammal that are large spatially persistent supports important biological activities species known to only frequent inshore features, the physical, chemical, and for marine mammals and, therefore, it waters (Irrawaddy, Indo-Pacific finless, even biological features by which each does not meet the biological criteria for and Indo-Pacific humpback dolphins). frontal zone is defined, including the designation as an OBIA or otherwise These species are not anticipated to be species associated with them, are warrant inclusion as a mitigation area impacted by SURTASS LFA sonar unique and not consistent across frontal pursuant to the LPAI standard. However training and testing activities. NMFS zones. It would, therefore, be the Lakshadweep Archipelago has been and the Navy have designated the scientifically inappropriate to combine added to the OBIA Watchlist and NMFS Swatch-of-No-Ground (SoNG) OBIA. the frontal areas into one large and the Navy will evaluate the area as The SoNG IMMA encompasses the combined area as suggested and a potential OBIA through the Adaptive waters of the Head of the SoNG canyon disregard the defining features of the Management Process if new information (MMPATF, 2019), which were not fully respective frontal zones and the data becomes available. encompassed in the existing OBIA 20. associated with each. The Navy and C. Northwestern Pacific—To protect The SoNG IMMA boundary fully NMFS are aware of the suggested foraging areas for sperm whales, NMFS captures the foraging habitat where correlation of oceanographic frontal should utilize the boundaries of three Bryde’s whales have been identified features with sei whale foraging and historic whaling grounds (i.e., Japan (Smith et al., 2008; WCS Bangladesh, reviewed the available information on Ground, Coast of Japan Ground, and 2014). The SoNG OBIA for this final foraging areas for the North Pacific sei Japan-Bonin Island Ground) to delineate rule combines OBIA 20, Northern Bay of whale population. However, data and OBIAs for sperm whales in the Bengal and Head of SoNG OBIA (in information are currently insufficient to Northwestern Pacific Ocean (following place during the NDE) and the SoNG correlate specific oceanographic frontal the areas described in Ivashchenko et al. IMMA. features or their boundaries in the (2014); Fig. 9). They noted that the Comment 39: NRDC et al. northwestern Pacific with biologically Japan Ground area is generally recommended that for gray whales, important behavior of sei whales. consistent with that of the ‘‘Polar/ NMFS establish an OBIA off eastern Although neither the Polar/Kuroshio Kurioshio Extension Fronts’’ area that Japan extending from the coast out to Extension Fronts nor NPTZ have been NMFS is currently considering. the continental shelf edge from March designated as OBIAs, both marine areas Response: NMFS and the Navy did through May. have been added to the OBIA Watchlist. not consider the major areas of sperm Response: In consideration of the The Navy and NMFS will continue to whale concentration outlined in Convection Zone East of Honshu EBSA compile and evaluate data and Ivashchenko et al. (2014) when for baleen whales, the Navy and NMFS information on both areas and will assessing the North Pacific Transition evaluated a migrational corridor just off reassess them in the future through the Zone EBSA as we did not consider these the coastal standoff range along eastern Adaptive Management process. areas either singly or in combination to Honshu island for the western gray Comment 41: NRDC et al. be coincident with the boundary of the whale DPS. NMFS with Navy input recommended that for sperm whales: North Pacific Transition Zone EBSA. designated an OBIA in this area off A. Waters off Sri Lanka—Similar to While the whaling data compiled by eastern Honshu for gray whale blue whales, NMFS should advance the Ivaschenko et al. (2014) provide migration. Additional details on the following three areas currently being valuable information on the historical areal extent and seasonal restrictions are considered by NMFS as year-round extent of the North Pacific sperm whale provided in Appendix C of the 2019 mitigation areas for both blue and sperm distribution, those locations cannot be SURTASS LFA FSEIS/SOEIS. whales (and, in some cases, Bryde’s used without other supporting data to Comment 40: NRDC et al. whales): (i) ‘‘Southern Coastal/Offshore create OBIAs reflective of areas where recommended that for sei whales, Waters between Galle and Yala National sperm whales conduct important NMFS establish an OBIA that extends Park’’, (ii) ‘‘Trincomalee Canyon and biological activities. These areas of from the Polar Front boundary Associated Ecosystems’’, and (iii) historical concentrations provide no southwards towards the Kuroshio ‘‘Coastal and Offshore Area of the Gulf insights into what important biological Extension Front (i.e., approximately 45° of Mannar’’ (OBIA Watchlist), which activities are occurring in the areas. N to 35° N, 152° E to 170° E) to protect also encompasses the currently not Many cetacean species became foraging sei whales (i.e., the ‘‘Polar/ considered ‘‘Sri Lankan Side of Gulf of extirpated and never repopulated Kuroshio Extension Front’’ area that Mannar’’ EBSA. heavily exploited commercial whaling NMFS identified in the proposed rule as Response: See response to Comment grounds, so basing current occurrences a potential OBIA). They stated that 36. for a species solely on whaling ground protecting this highly productive B. Lakshadweep Archipelago—NMFS data is not appropriate; those data foraging area would have broad benefit should consider designating an OBIA to provide a historical perspective on for a number of marine mammal encompass the entirety of the occurrence and distribution but cannot species, including sperm whales, other Lakshadweep Archipelago and the be used as a current template of a odontocetes, and elephant seals. waters therein. species’ occurrence. Accordingly, these Response: The Navy and NMFS Response: In assessing this area as a areas were not considered as potential evaluated the Polar/Kuroshio Extension potential OBIA, NMFS and the Navy OBIAs. Fronts region as recommended by the conducted a thorough review of the Comment 42: NRDC et al. commenter. Additionally, the Navy and available information on marine recommended a year-round OBIA in the NMFS assessed the North Pacific mammal occurrence in the waters of the Avacha Gulf to protect Transition Zone EBSA (which Lakshadweep Archipelago. Very little important foraging habitat and encompasses these fronts) for its information is available on marine transitory corridor for killer whales.

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NRDC et al. noted that the small carried forward in the current OBIA information or data to suggest that the population size and cumulative impacts assessment process, is sensitivity to LF waters surrounding this seamount upon mammal-eating killer whales in sounds. The intent of OBIAs is to support higher than average densities of this area should be carefully considered protect those marine mammal species beaked whales and no small-resident by NMFS and that neglecting to include most likely to hear and be affected by populations have been confirmed, the best available science on the LFA sonar transmissions and to provide which would qualify as a biological population structure, ecotypes, and them with additional protections during criterion for delineation of an OBIA in abundance estimates of killer whales in periods when they are conducting the region. Additionally, based on this region is a major oversight of the biologically significant activities. Based current information, beaked whales are proposed rule. on current information, neither not known to have increased sensitivity Response: NMFS and Navy are aware Blainville’s nor Cuvier’s beaked whales to LF sounds, therefore we do not of the importance of southeastern are known to have increased sensitivity believe added protection afforded by an Kamchatka and Avacha Gulf to resident to LF sounds, therefore we do not OBIA (i.e., beyond that provided by the killer whales and have assessed the believe added protection afforded by an LFA buffer zone, described in the wealth of survey data and information OBIA (i.e., beyond that by the LFA sonar Mitigation section) is warranted to on this population of odontocetes and mitigation zone described in the protect beaked whales foraging in the the importance of the area, particularly Mitigation section) is warranted. waters of Cross Seamount. However Avacha Gulf, to this population. However, a large portion of the BIAs are through the adaptive management However, the majority of Avacha Gulf, included in the Main Hawaiian Islands process, NMFS and the Navy will including the core area where most OBIA designated for other species. evaluate new information as it becomes sightings of resident killer whales have Comment 44: NRDC et al. available. been recorded, lies within the coastal recommended that NMFS include Comment 46: The Commission noted standoff zone for SURTASS LFA sonar. critical habitat that NMFS recently that 14 of the 25 potential OBIAs (as To be eligible as an OBIA, a marine area designated, under the Endangered described in Table 21 of the proposed must meet geographic criteria, one of Species Act, for the Main Hawaiian rule) meet the various low frequency- which is that the area must lie outside Islands insular false killer whale. sensitivity and biological importance the coastal standoff range for LFA sonar Response: NMFS and the Navy criteria and occur within the SURTASS (i.e., be more than 12 nmi (22 km) from assessed the ESA-designated critical LFA sonar mission areas and, at least shore). Furthermore, OBIA designation habitat for the Main Hawaiian Insular partially, outside the coastal stand-off is designed to provide protection to DPS of false killer whales as a potential range where SURTASS LFA sonar those marine mammal species most OBIA. However, there is no evidence activities already are restricted. The likely to be impacted by LFA sonar, that false killer whales have increased Commission suggests these areas should which are the LF-sensitive species. sensitivity to LF sounds. Therefore, we be designated as OBIAs. Additionally, There is no evidence that killer whales do not believe an OBIA will afford more the Commission noted that Raja Ampat have increased sensitivity to LF sounds. protection than what is provided by the and Northern Bird’s Head serve as Therefore, we do not believe an OBIA LFA sonar mitigation zone (described in important habitat for migrating and/or will add meaningful protection beyond the Mitigation section). False killer foraging Bryde’s and sperm whales and that provided by the LFA sonar whales hear underwater sounds in the the Main Hawaiian Archipelago serves mitigation zone (described in the range of 1 to 115 kHz, with best hearing as important habitat for breeding and Mitigation section). These factors render at 17 kHz (Au, 1993; Johnson, 1967). calving humpback whales. In addition, this marine area ineligible for Nevertheless, a large portion of the ESA Peter the Great Bay serves as important consideration as an OBIA for SURTASS critical habitat for the Main Hawaiian breeding habitat for spotted seals. All of LFA sonar. However, an OBIA in Insular DPS of false killer whales is those species are sensitive to LF sound, southeastern Kamchatka waters outside included in the newly designated Main and portions of those potential OBIAs the coastal standoff range has been Hawaiian Islands OBIA (November to meet the geographic criteria as well. The designated for gray and right whales April), and per the CZMA consultation Commission also notes that the Pacific that migrate and forage seasonally in with the State of Hawaii for SURTASS Remote Islands Marine National these waters. Thus, albeit not designated LFA sonar, the Navy agreed not to Monument (MNM), including areas specifically for resident killer whales in ensonify Hawaii state waters (out to 3 around Wake and Johnston Atolls and a this area, the OBIA will reduce the nmi) at levels above 145 dB re: 1 mPa small part of the northern end of exposure of some resident killer whales rms. Kingman Reef/Palmyra Atoll, meet the to LFA sonar. Comment 45: NRDC et al. geographic criteria. Although marine Comment 43: NRDC et al. stated a recommended that NMFS establish a mammal data are limited, sperm whales more comprehensive evaluation of year-round OBIA at Cross Seamount, have been observed in the MNM and the important habitat for harbor porpoises which represents important foraging Navy noted that the MNM could serve and beaked whales is needed, however habitat for a potentially rare or as potential critical habitat for some they recommended that NMFS establish evolutionarily distinct species of beaked threatened and endangered species (e.g., OBIAs in waters outside the coastal whale. They noted that such a humpback whales). Baleen and sperm exclusion zone that are contained designation would have secondary whales are considered sensitive to low- within the Biologically Important Areas benefits for a variety of other odontocete frequency sound. For these reasons, the for Blainville’s and Cuvier’s beaked species foraging at Cross Seamount Commission recommended that NMFS whales, as well as for other small, seasonally between November and May. include these areas as OBIAs in the final resident odontocete populations, around Response: The Cross Seamount is rule. the Main Hawaiian Islands, as defined within the SURTASS LFA sonar Study Response: Fourteen OBIAs were in Baird et al. (2015). Area and is known for prey aggregations designated. Of the 14 OBIAs presented Response: One of the factors that support beaked whale foraging, as in Table 21 of the proposed rule, all but considered for designation of OBIAs, inferred by the detection of beaked the West of Maldives was designated as established in the 2012 rulemaking and whale echolocation signals at night. an OBIA. The West of Maldives area SURTASS LFA FSEIS/SOEIS and However, there is no supporting was not designated because there were

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no data to support that whales further considered currently as an geographic alternatives for OBIAs that conducted biologically important OBIA. raise practicability concerns for certain activities in this area. The West of categories of LFA activity. Given the Practicability Analysis Maldives area has been added to the importance of site-selection in OBIA Watchlist (see response to Comment 47: NRDC et al. noted that minimizing environmental impacts, it is Comment 36). As recommended, an the Navy’s application distinguishes conventional for agencies to analyze the OBIA has also been designated for the among types of LFA activities, ranging environmental effects of alternative sites Main Hawaiian Islands. from ‘‘military crew (MILCREW) that meet the activity’s purpose and Raja Ampat and Northern Bird’s Head proficiency training’’ to ‘‘vessel and need. They stated that doing so is was considered as a candidate OBIA. equipment maintenance.’’ NRDC et al. essential where, as here, protected However, none of the areas surveyed in stated that these categories suggest that habitat is of ‘‘paramount importance’’. any of the best available data occur geographic mitigation could potentially Response: As previously noted in the within the SURTASS LFA sonar Study be implemented for a subset of activities response to Comment 47, all 14 Area. Since no data exist to support in the case that blanket geographic candidate OBIAs were deemed important biological activities by marine mitigation is deemed impracticable—a practicable and 14 new marine mammal mammals being carried out in the part development that could, if rigorously OBIAs for SURTASS LFA sonar have of this marine area that lies within the applied, substantially improve been designated (see the Mitigation SURTASS LFA Study Area, this area mitigation and help NMFS and the Navy section and Table 21), therefore did not meet the biological criteria for meet their MMPA responsibilities. In its geographic alternatives for OBIAs are OBIA designation and was not practicability analysis for OBIAs, NRDC not necessary. considered further as an OBIA. The area et al. recommended that NMFS analyze Comment 49: NRDC et al. the practicability of mitigating each has been added to the OBIA Watchlist, recommended where reasonable individual category of activity and and NMFS and the Navy will evaluate alternative sites are not available, implement mitigation measures to the the area as a potential OBIA through the NMFS, in consultation with the Navy, greatest extent practicable for each consider other mitigation measures, Adaptive Management Process if new category. NRDC et al. stated that such an including procedural requirements (e.g., information becomes available. approach will serve to reduce potential requiring Fleet-level approval for use), Peter the Great Bay was considered as impact to marine mammals in an OBIA substantive standards (e.g., allowing use a candidate OBIA. Only a small portion even if not all Navy activities can only when certain criteria are met), and of Peter the Great Bay lies outside the practicably be mitigated. activity limits (e.g., limiting the number coastal standoff zone and thus meets the Response: The Navy and NMFS’ OBIA of activities per annum or avoiding geographic criteria. While Peter the assessment resulted in 14 candidate biologically important periods such as Great Bay is an important seasonal OBIAs. These 14 candidate OBIAs the blue whale foraging season), that reproductive area for the spotted seal, underwent Navy Fleet practicability would protect vital habitat while pupping activities are conducted in the review and the Navy Fleet determined allowing continued use for training northern reaches of the bay, well within that the designation of the 14 OBIAs in purposes. They stated that the Navy, in the coastal standoff zone, and no the SURTASS LFA sonar Study Area for the ‘‘practicability criterion’’ it sets forth pupping or reproductive activity is the relevant effective periods would not in the DSEIS, commits to identifying for known to occur in the portion of the bay impede the effectiveness of SURTASS NMFS the concerns that lead to its outside the coastal standoff zone. LFA active sonar testing and training determination that a particular OBIA is Further, based on currently available activities, would be practical to not practicable, and discussing information and data, the spotted seal is implement as a geographic mitigation ‘‘whether modifications could be made not known to have increased sensitivity measure, and would not impact to the proposed OBIA to alleviate the to LF sound; the best hearing sensitivity personnel safety. As a result, all 14 Navy’s practicability concerns.’’ (DSEIS in-water of the spotted seal is between candidate OBIAs were deemed at 5–8). NRDC et al. recommended that 2 and 72 kHz (Reichmuth et al., 2013; practicable and 14 new, marine both agencies work to ensure that the Sills et al., 2014). Reichmuth et al. mammal OBIAs for SURTASS LFA resulting analysis is rigorous and (2016) found no TTS in trained spotted sonar have been designated (see the searching, rather than a parroting of seals exposed to LF impulsive sounds Mitigation section and Table 21) and Navy conclusions (citing Conservation that represented single seismic air gun apply to all SURTASS LFA sonar Council for Hawaii v. NMFS, 97 transmissions (which are different from training and testing activities. Therefore, F.Supp.3d 1210, 1230 (D. Haw. 2015)). LFA sonar signals). As such, an OBIA is analysis of practicability for different Response: As previously noted in the not warranted. For these reasons, the types of activities is not necessary. response to Comment 48, all 14 IMMA for Peter the Great Bay was not Additionally, all of the activities candidate OBIAs were deemed further considered as an OBIA for utilize the SURTASS LFA sonar system practicable and 14 new marine mammal SURTASS LFA sonar. within the same operating profile, such OBIAs for SURTASS LFA sonar have The Pacific Remote Islands Marine that any single hour of SURTASS LFA been designated (see the Mitigation National Monument (Wake/Johnson/ sonar transmissions is the same as all section and Table 21), so there is no Palmyra atolls and Kingman Reef Units others. The differentiation of activities need to identify geographic alternative which are located in the SURTASS LFA was merely for planning purposes, to sites for OBIAs. As described in the Study Area) was on the OBIA Watchlist aid in determining the overall number Mitigation section, these OBIAs, in and was considered as a candidate of transmission hours per year for combination with the existing OBIA. NMFS and the Navy reviewed all SURTASS LFA sonar training and procedural mitigation effect the least available data and no specific important testing. It is not practicable to develop practicable adverse impact. biological behaviors of marine mammals geographic mitigation measures for each Comment 50: NRDC et al. have been characterized in these waters. activity. recommended to the extent that As such, this marine area did not meet Comment 48: NRDC et al. additional operational mitigation is the biological criteria required for recommended that NMFS, in impracticable, NMFS consider designation of an OBIA and was not consultation with the Navy, establish compensatory mitigation to achieve the

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‘‘least practicable adverse impact’’ and need of military readiness, thus the 2019 SURTASS LFA FSEIS/SOEIS is required under the MMPA. NRDC et al. limiting the range of alternatives and sufficient for purposes of NMFS’ own stated that compensatory mitigation is a mitigation. They noted that the Navy’s NEPA obligations related to its issuance concept that is routinely employed in purpose and need is unrelated to NMFS’ of incidental take authorization under implementation of the Endangered statutory obligations under the MMPA. the MMPA. Species Act, Clean Water Act, and other Those obligations in this instance Regarding the alternatives, NMFS’ environmental laws. The MMPA itself is involve prescribing regulations for the early involvement in the development broad in its characterization of incidental take of marine mammals that of the 2019 SURTASS LFA FSEIS/ mitigation, requiring the agency to effect the least practicable adverse SOEIS and role in evaluating the effects prescribe not only ‘‘permissible impact on such species or stock and its of incidental take under the MMPA methods of taking pursuant to [a habitat, paying particular attention to ensured that the 2018 SURTASS LFA specified activity],’’ but also ‘‘other rookeries, mating grounds, and areas of DSEIS/SOEIS would include adequate means of effecting the least practicable similar significance, and on the analysis of a reasonable range of adverse impact’’ on affected marine availability of such species or stock for alternatives. The 2019 SURTASS LFA mammal species and populations and subsistence uses (16 U.S.C. FSEIS/SOEIS includes a No Action on their habitat. 16 U.S.C. 1371(a)(5)(A)(i)). While military Alternative specifically to address what 1371(a)(5)(A)(II)(aa) (emphasis added). readiness effectiveness must be could happen if NMFS did not issue an NRDC et al. stated that the Ninth Circuit considered, id. § 1371(a)(5)(ii), the MMPA authorization. The other two opinion in Pritzker makes clear, this ultimate purpose of the MMPA is to Alternatives address two action options requirement should be construed by the protect marine mammals, and NMFS is that the Navy could potentially pursue agency as a ‘‘stringent standard.’’ 828 charged with that duty. Thus, they while also meeting their mandated Title F.3d at 1129, 1133, 1135. NRDC et al. stated that NMFS has a distinct purpose 10 training and testing responsibilities. recommended that NMFS consider and need for its proposed regulations More importantly, these alternatives compensatory mitigation for the adverse that may dictate consideration of a fully analyze a comprehensive variety of impacts of the permitted activity on broader set of alternatives. mitigation measures. This mitigation analysis supported NMFS’ evaluation of marine mammals and their habitat that Response: The proposed action at cannot be prevented or mitigated by our options in potentially issuing an issue is the Navy’s proposal to conduct modifying SURTASS LFA operations. MMPA authorization, which primarily SURTASS LFA sonar testing and Response: As previously noted in the revolves around the appropriate response to Comment 47, all 14 training activities in the SURTASS LFA mitigation to prescribe. This approach candidate OBIAs were deemed Study Area. NOAA’s NMFS is a to evaluating a reasonable range of practicable and 14 new, marine cooperating agency for that proposed alternatives is consistent with NMFS mammal OBIAs for SURTASS LFA action, as it has jurisdiction by law and policy and practice for issuing MMPA sonar have been designated (see the special expertise over marine resources incidental take authorizations. NOAA Mitigation section and Table 21), impacted by the proposed action, has independently reviewed and therefore other mitigation measures for including marine mammals and evaluated the SEIS, including the these areas are not necessary. NMFS has federally-listed threatened and purpose and need statement and range prescribed a robust comprehensive suite endangered species. Consistent with the of alternatives, and determined that the of measures that are expected to reduce regulations published by the Council on 2019 SURTASS LFA FSEIS/SOEIS fully the amount of Level A and Level B Environmental Quality (CEQ), it is satisfies NMFS’ NEPA obligations harassment takes, as well as the severity common and sound NEPA practice for related to its decision to issue the of any incurred impacts on the species NOAA to adopt a lead agency’s NEPA MMPA final rule and associated LOA, or stock and their habitat. Compensatory analysis when, after independent and we have adopted it. mitigation is not required to be imposed review, NOAA determines the Description of Marine Mammals in the upon Federal agencies under the document to be sufficient in accordance Area of the Specified Activities MMPA. Importantly, the commenter did with 40 CFR 1506.3. Specifically here, not recommend any specific measure(s), NOAA must be satisfied that the Navy’s Forty-six species of marine mammals, rendering it impossible to conduct any EIS adequately addresses the impacts of including 10 baleen whale (mysticete); meaningful evaluation of its issuing the MMPA incidental take 31 toothed whale (odontocete); and 5 recommendation. Finally, many of the authorization and that NOAA’s seal/sea lion (pinniped) species that methods of compensatory mitigation comments and concerns have been represent 139 stocks (as currently that have proven successful in terrestrial adequately addressed. There is no classified) have confirmed or possible settings (purchasing or preserving land requirement in CEQ regulations that occurrence within potential SURTASS with important habitat, improving NMFS, as a cooperating agency, issue a LFA sonar activity areas in the central habitat through plantings, etc.) are not separate purpose and need statement in and western North Pacific Ocean and applicable in a marine setting with such order to ensure adequacy and eastern Indian Ocean. Multiple stocks of far-ranging species. Thus, any presumed sufficiency for adoption. Nevertheless, some species are affected, and conservation value from such an idea the Navy, in coordination with NMFS, independent assessments are conducted would be purely speculative at this has clarified the statement of purpose to make the necessary findings and time. and need in the 2019 SURTASS LFA determinations for each of these. FSEIS/SOEIS to more explicitly There are 11 marine mammal species National Environmental Policy Act acknowledge NMFS’ action of issuing under NMFS’ jurisdiction listed as (NEPA) an MMPA incidental take authorization. endangered or threatened under the Comment 51: NRDC et al. stated that NMFS also clarified how its regulatory Endangered Species Act (ESA; 16 U.S.C. NMFS cannot rely on the Navy’s EIS to role under the MMPA related to Navy’s 1531 et seq.) with confirmed or possible fulfill its obligations under NEPA activities. NMFS’ early participation in occurrence in the study area for because it is unlawful. They stated that the NEPA process and role in shaping SURTASS LFA sonar training and the Navy’s DEIS serves only the Navy’s and informing analyses using its special testing activities. Marine mammal interests, considering only the purpose expertise ensured that the analysis in species under NMFS’ jurisdiction in the

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study area listed as endangered are: range (i.e., distance of 22 km (13 mi; 12 Service (USFWS) is responsible for North Pacific right whale (Eubalaena nmi) from land), take of Chinese river managing occur in geographic areas that japonica); gray whale (Eschrichtius dolphins is not considered a reasonable would overlap with the SURTASS LFA robustus); blue whale (Balaenoptera likelihood; therefore, this species is not sonar Study Area. Therefore, the Navy musculus); fin whale (Balaenoptera addressed further in this document. has determined that SURTASS LFA physalus); Western North Pacific Similarly, the Taiwanese humpback sonar activities would have no effect on distinct population segment (DPS) of dolphin, a subspecies of the Indo-Pacific the endangered or threatened species or humpback whale (Megaptera humpback dolphin, is found only in a the critical habitat of the ESA-listed novaeangliae); sei whale (Balaenoptera small, narrow stretch of estuarine waters species under the jurisdiction of the borealis); sperm whale (Physeter off the western coast of Taiwan. Take of USFWS. These species are not macrocephalus); Main Hawaiian Islands this species is also not considered a considered further in this notice. Insular DPS of false killer whale reasonable likelihood and this species is (Pseudorca crassidens); Western DPS of not addressed further in this document. To accurately assess the potential the Steller sea lion (Eumetopias Finally, the small population (<100 effects of SURTASS LFA sonar jubatus); and Hawaiian monk seal individuals) of Arabian Sea DPS of activities, the Navy modeled 15 (Neomonachus schauinslandi). The humpback whales includes those representative sites in the SURTASS southern DPS of the spotted seal (Phoca whales breeding and foraging in tropical LFA sonar activity area. Tables 2 largha) is listed as threatened under the waters year-round along the coast of through 16 (below) summarize the ESA and is within the study area for Oman (Bettridge et al., 2015). Historical abundance, status under the ESA, and SURTASS LFA sonar activities. The records, sparse sightings and acoustic density estimates of the marine mammal aforementioned threatened and recordings, and one satellite tagged species and stocks that have confirmed endangered marine mammal species whale, along the coasts of Pakistan and or possible occurrence within the 15 also are depleted under the MMPA. India indicate that the Arabian Sea DPS SURTASS LFA sonar modeling areas in Chinese river dolphins (Lipotes range may also include these areas. the central and western North Pacific vexillifer) do not have stocks designated Based on the small population size and Ocean and eastern Indian Ocean. within the SURTASS LFA sonar study the extremely rare occurrence of Information on how the density and area (see Potential SURTASS LFA Study humpback whales along the coasts of abundance stock estimates were derived Area section). The distribution of the Pakistan and India, take of the Arabian Chinese river dolphin is limited to the Sea DPS of humpback whales is not for the selected mission sites is main channel of a river section between considered a reasonable likelihood; described in Appendix D of the 2019 the cities of Jingzhou and Jiangyin. therefore, this species is not addressed SURTASS FSEIS/SOEIS and references Based on the extremely rare occurrence further in this document. for the abundances and densities of these species in the Navy’s Study None of the marine mammal species described are provided in Tables 2 Area and due to the coastal standoff which the U.S. Fish and Wildlife through 16. TABLE 2—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 1, EAST OF JAPAN

Density (animals/Km 2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Blue whale ...... WNP ...... 9,250 Tillman, 1977 ...... 0.00001 0.00001 ...... 0.00001 Tillman, 1997; Ferguson and EN Barlow 2001; 2003; LGL, 2008. Bryde’s whale ...... WNP ...... 20,501 IWC, 2009 ...... 0.0006 0.0006 0.0006 0.0006 Ohsumi, 1977...... NL Common minke whale ...... WNP OE ...... 25,049 Buckland et al., 1992 ...... 0.0022 0.0022 0.0022 0.0022 Buckland et al., 1992 ...... NL Fin whale ...... WNP ...... 9,250 Tillman, 1977; Mizroch et al., ...... 0.0002 0.0002 Tillman, 1977...... EN 2009. Humpback whale ...... WNP stock and 1,328 Bettridge et al., 2015 ...... 0.00036 0.00036 Calambokidis et al., 2008; EN DPS. LGL, 2008. North Pacific right whale ...... WNP ...... 922 Best et al., 2001 ...... 0.00001 0.00001 ...... Unavail ...... EN Sei whale ...... NP ...... 7,000 Mizroch et al., 2015 ...... 0.00029 0.00029 0.00029 0.00029 Fulling et al., 2011 ...... EN Baird’s beaked whale ...... WNP ...... 5,688 Miyashita 1986 and 1990; ...... 0.0029 0.0029 Kasuya, 1986...... NL Kasuya and Perrin, 2017. Common dolphin ...... WNP ...... 3,286,163 Ferguson and Barlow, 2001; 0.0761 0.0761 0.0761 0.0761 Ferguson and Barlow, 2001; NL 2003. 2003. Common bottlenose dolphin ... WNP Northern Off- 100,281 Miyashita, 1993; Kasuya and 0.0171 0.0171 0.0171 0.0171 Miyashita, 1993...... NL shore. Perrin, 2017. Cuvier’s beaked whale ...... WNP ...... 90,725 Ferguson and Barlow, 2001; 0.0031 0.0031 0.0031 0.0031 Ferguson and Barlow, 2001; NL 2003. 2003. Dall’s porpoise (truei) ...... WNP truei ...... 178,157 Miyashita, 2007; Kasuya and 0.0390 0.0520 ...... 0.0520 Ferguson and Barlow, 2001; NL Perrin, 2017. 2003. False killer whale ...... WNP ...... 16,668 Miyashita, 1993 ...... 0.0036 0.0036 0.0036 0.0036 Miyashita, 1993...... NL Ginkgo-toothed beaked whale NP ...... 22,799 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. Harbor porpoise ...... WNP ...... 31,046 Hobbs and Waite, 2010; Allen 0.0190 0.0190 0.0190 0.0190 Hobbs and Waite, 2010 ...... NL and Angliss, 2014. Hubbs beaked whale ...... NP ...... 22,799 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. Killer whale ...... WNP ...... 12,256 Ferguson and Barlow, 2001; 0.0001 0.0001 0.0001 0.0001 LGL, 2011...... NL 2003. Kogia spp. 4 ...... WNP ...... 350,553 Ferguson and Barlow, 2001; 0.0031 0.0031 0.0031 0.0031 Ferguson and Barlow, 2001; NL 2003. 2003. Pacific white-sided dolphin ..... NP ...... 931,000 Buckland et al., 1993 ...... 0.0082 0.0082 0.0082 0.0082 Ferguson and Barlow, 2001; NL 2003. Pantropical spotted dolphin .... WNP ...... 130,002 Kanaji et al., 2018 ...... 0.0259 0.0259 Miyashita, 1993...... NL Pygmy killer whale ...... WNP ...... 30,214 Ferguson and Barlow, 2001; 0.0021 0.0021 0.0021 0.0021 Ferguson and Barlow, 2001; NL 2003. 2003. Risso’s dolphin ...... WNP ...... 143,374 Kanaji et al., 2018 ...... 0.0097 0.0097 0.0097 0.0097 Miyashita, 1993...... NL Rough-toothed dolphin ...... WNP ...... 5,002 Kanaji et al., 2018 ...... 0.00224 0.00224 0.00224 0.00224 Forney et al., 2015 ...... NL Short-finned pilot whale ...... WNP Northern ...... 20,884 Miyashita, 1993 ...... 0.0128 0.0128 0.0128 0.0128 Miyashita, 1993 ...... NL

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TABLE 2—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 1, EAST OF JAPAN—Continued

Density (animals/Km 2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Sperm whale ...... NP ...... 102,112 Kato and Miyashita, 1998 ...... 0.00123 0.00123 0.00123 0.00123 Fulling et al., 2011 ...... EN Spinner dolphin ...... WNP ...... 1,015,059 Ferguson and Barlow, 2001; ...... 0.00083 0.00083 Barlow, 2006...... NL 2003. Stejneger’s beaked whale ...... WNP ...... 8,000 Kasuya, 1986 ...... 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. Striped dolphin ...... WNP Northern Off- 497,725 Miyashita, 1993; Kasuya and 0.0111 0.0111 0.0111 0.0111 Miyashita, 1993...... NL shore. Perrin, 2017. Northern fur seal ...... WP ...... 503,609 Kuzin 2015; Gelatt et al., 0.368 0.158 ...... Horimoto et al., 2016 ...... NL 2015. 1 NP = north Pacific; OE = Offshore Japan; WP = western Pacific; WNP = western north Pacific. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed. 4 Pygmy and dwarf sperm whales are difficult to distinguish at sea, and abundance estimates are pooled for Kogia spp as reported in Ferguson and Barlow, 2001 and 2003.

TABLE 3—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 2, NORTH PHILIPPINE SEA

Density (animals/Km 2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Blue whale ...... WNP ...... 9,250 Tillman, 1977 ...... 0.00001 0.00001 ...... 0.00001 Tillman, 1997; Ferguson and EN Barlow 2001; 2003; LGL, 2008. Bryde’s whale ...... WNP ...... 20,501 IWC, 2009 ...... 0.0006 0.0006 0.0006 0.0006 Ohsumi, 1977...... NL Common minke whale ...... WNP OE ...... 25,049 Buckland et al., 1992 ...... 0.0044 0.0044 0.0044 0.0044 Buckland et al., 1992 ...... NL Fin whale ...... WNP ...... 9,250 Tillman, 1977; Mizroch et al., 0.0002 0.0002 ...... Tillman, 1977...... EN 2009. Humpback whale ...... WNP and DPS ..... 1,328 Bettridge et al., 2015 ...... 0.00089 0.00089 ...... 0.00089 Acebes et al., 2007; LGL, EN 2008. North Pacific right whale ...... WNP ...... 922 Best et al., 2001 ...... 0.00001 0.00001 ...... Unavail ...... EN Omura’s whale ...... WNP ...... 1,800 Oshsumi, 1980 ...... 0.00004 0.00004 0.00004 0.00004 LGL, 2008; DoN, 2018 ...... NL Blainville’s beaked whale ...... WNP ...... 8,032 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. Common dolphin ...... WNP ...... 3,286,163 Ferguson and Barlow, 2001; 0.0562 0.0562 0.0562 0.0562 Ferguson and Barlow, 2001; NL 2003. 2003. Common bottlenose dolphin ... Japanese Coastal 3,516 Kanaji et al., 2018 ...... 0.0146 0.0146 0.0146 0.0146 Miyashita, 1993...... NL Cuvier’s beaked whale ...... WNP ...... 90,725 Ferguson and Barlow, 2001; 0.0054 0.0054 0.0054 0.0054 Ferguson and Barlow, 2001; NL 2003. 2003. False killer whale ...... WNP ...... 16,668 Miyashita, 1993 ...... 0.0029 0.0029 0.0029 0.0029 Miyashita, 1993...... NL Fraser’s dolphin ...... WNP ...... 220,789 Ferguson and Barlow, 2001; 0.0069 0.0069 0.0069 0.0069 Bradford et al., 2013 ...... NL 2003. Ginkgo-toothed beaked whale NP ...... 22,799 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. Killer whale ...... WNP ...... 12,256 Ferguson and Barlow, 2001; 0.00009 0.00009 0.00009 0.00009 LGL, 2011...... NL 2003. Kogia spp.4 ...... WNP ...... 350,553 Ferguson and Barlow, 2001; 0.0031 0.0031 0.0031 0.0031 Ferguson and Barlow, 2001; NL 2003. 2003. Longman’s beaked whale ...... WNP ...... 7,619 Bradford et al., 2017 ...... 0.00025 0.00025 0.00025 0.00025 LGL, 2011...... NL Melon-headed whale ...... WNP ...... 56,213 Kanaji et al., 2018 ...... 0.00428 0.00428 0.00428 0.00428 Fulling et al., 2011 ...... NL Pacific white-sided dolphin ..... NP ...... 931,000 Buckland et al., 1993 ...... 0.0119 0.0119 ...... Ferguson and Barlow, 2001; NL 2003. Pantropical spotted dolphin .... WNP ...... 130,002 Kanaji et al., 2018 ...... 0.0137 0.0137 0.0137 0.0137 Miyashita, 1993...... NL Pygmy killer whale ...... WNP ...... 30,214 Ferguson and Barlow, 2001; 0.0021 0.0021 0.0021 0.0021 Ferguson and Barlow, 2001; NL 2003. 2003. Risso’s dolphin ...... WNP ...... 143,374 Kanaji et al., 2018 ...... 0.0106 0.0106 0.0106 0.0106 Miyashita, 1993...... NL Rough-toothed dolphin ...... WNP ...... 5,002 Kanaji et al., 2018 ...... 0.00224 0.00224 0.00224 0.00224 Forney et al., 2015 ...... NL Short-finned pilot whale ...... WNP Southern ..... 31,396 Kanaji et al., 2018 ...... 0.0153 0.0153 0.0153 0.0153 Miyashita, 1993...... NL Sperm whale ...... NP ...... 102,112 Kato and Miyashita, 1998 ...... 0.00123 0.00123 0.00123 0.00123 Fulling et al., 2011 ...... EN Spinner dolphin ...... WNP ...... 1,015,059 Ferguson and Barlow, 2001; 0.00083 0.00083 0.00083 0.00083 Barlow, 2006...... NL 2003. Striped dolphin ...... Japanese Coastal 19,631 Miyashita, 1993; Kasuya and 0.0329 0.0329 0.0329 0.0329 Miyashita, 1993...... NL Perrin, 2017. 1 NP = north Pacific; OE = Offshore Japan; WNP = western north Pacific. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed. 4 Pygmy and dwarf sperm whales are difficult to distinguish at sea, and abundance estimates are pooled for Kogia spp as reported in Ferguson and Barlow, 2001 and 2003.

TABLE 4— ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 3, WEST PHILIPPINE SEA

Density (animals/Km 2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Blue whale ...... WNP ...... 9,250 Tillman, 1997 ...... 0.00001 0.00001 ...... 0.00001 Tillman, 1997; Ferguson and EN Barlow 2001; 2003; LGL, 2008. Bryde’s whale ...... WNP ...... 20,501 IWC, 2009 ...... 0.0006 0.0006 0.0006 0.0006 Ohsumi, 1977...... NL Common minke whale ...... WNP OE ...... 25,049 Buckland et al., 1992 ...... 0.0033 0.0033 0.0033 0.0033 Buckland et al., 1992 ...... NL Fin whale ...... WNP ...... 9,250 Tillman, 1977; Mizroch et al., 0.0002 0.0002 ...... Tillman, 1977...... EN 2009. Humpback whale ...... WNP and DPS ..... 1,328 Bettridge et al., 2015 ...... 0.00089 0.00089 ...... 0.00089 Acebes et al., 2007; LGL, EN 2008.

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TABLE 4— ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 3, WEST PHILIPPINE SEA—Continued

Density (animals/Km 2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Omura’s whale ...... WNP ...... 1,800 Oshsumi, 1980 ...... 0.00004 0.00004 0.00004 0.00004 LGL, 2008; DoN, 2018 ...... NL Blainville‘s beaked whale ...... WNP ...... 8,032 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. Common dolphin ...... WNP ...... 3,286,163 Ferguson and Barlow, 2001; 0.1158 0.1158 0.1158 0.1158 Carretta et al., 2011 ...... NL 2003. Common bottlenose dolphin ... WNP Southern 40,769 Kanaji et al., 2018 ...... 0.0146 0.0146 0.0146 0.0146 Miyashita, 1993...... NL Offshore. Cuvier’s beaked whale ...... WNP ...... 90,725 Ferguson and Barlow, 2001; 0.0003 0.0003 0.0003 0.0003 Ferguson and Barlow, 2001; NL 2003. 2003. Deraniyagala’s beaked whale NP ...... 22,799 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. False killer whale ...... WNP ...... 16,668 Miyashita, 1993 ...... 0.0029 0.0029 0.0029 0.0029 Miyashita, 1993...... NL Fraser’s dolphin ...... WNP ...... 220,789 Ferguson and Barlow, 2001; 0.0069 0.0069 0.0069 0.0069 Bradford et al., 2013 ...... NL 2003. Ginkgo-toothed beaked whale NP ...... 22,799 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. Killer whale ...... WNP ...... 12,256 Ferguson and Barlow, 2001; 0.00009 0.00009 0.00009 0.00009 LGL, 2011...... NL 2003. Kogia spp.4 ...... WNP ...... 350,553 Ferguson and Barlow, 2001; 0.0017 0.0017 0.0017 0.0017 Ferguson and Barlow, 2001; NL 2003. 2003. Longman’s beaked whale ...... WNP ...... 7,619 Bradford et al., 2017 ...... 0.00025 0.00025 0.00025 0.00025 LGL, 2011...... NL Melon-headed whale ...... WNP ...... 56,213 Kanaji et al., 2018 ...... 0.00428 0.00428 0.00428 0.00428 Fulling et al., 2011 ...... NL Pantropical spotted dolphin .... WNP ...... 130,002 Kanaji et al., 2018 ...... 0.0137 0.0137 0.0137 0.0137 Miyashita, 1993...... NL Pygmy killer whale ...... WNP ...... 30,214 Ferguson and Barlow, 2001; 0.0021 0.0021 0.0021 0.0021 Ferguson and Barlow, 2001; NL 2003. 2003. Risso’s dolphin ...... WNP ...... 143,374 Kanaji et al., 2018 ...... 0.0106 0.0106 0.0106 0.0106 Miyashita, 1993...... NL Rough-toothed dolphin ...... WNP ...... 5,002 Kanaji et al., 2018 ...... 0.00224 0.00224 0.00224 0.00224 Forney et al., 2015 ...... NL Short-finned pilot whale ...... WNP Southern ..... 31,396 Kanaji et al., 2018 ...... 0.0076 0.0076 0.0076 0.0076 Miyashita, 1993...... NL Sperm whale ...... NP ...... 102,112 Kato and Miyashita, 1998 ...... 0.00123 0.00123 0.00123 0.00123 Fulling et al., 2011 ...... EN Spinner dolphin ...... WNP ...... 1,015,059 Ferguson and Barlow, 2001; 0.00083 0.00083 0.00083 0.00083 Barlow, 2006...... NL 2003. Striped dolphin ...... WNP Southern 52,682 Miyashita, 1993; Kasuya and 0.0164 0.0164 0.0164 0.0164 Miyashita, 1993...... NL Offshore. Perrin, 2017. 1 NP = north Pacific; OE = Offshore Japan; WNP = western north Pacific. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed. 4 Pygmy and dwarf sperm whales are difficult to distinguish at sea, and abundance estimates are pooled for Kogia spp as reported in Ferguson and Barlow, 2001 and 2003.

TABLE 5—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 4, OFFSHORE GUAM

Density (animals/Km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Blue whale ...... WNP ...... 9,250 Tillman, 1977 ...... 0.00005 0.00005 ...... 0.00005 Bradford et al., 2017 ...... EN Bryde’s whale ...... WNP ...... 20,501 IWC, 2009 ...... 0.0004 0.0004 0.0004 0.0004 Fulling et al., 2011 ...... NL Common minke whale ...... WNP ‘‘OE’’ ...... 25,049 Buckland et al., 1992 ...... 0.0003 0.0003 0.0003 0.0003 Ferguson and Barlow, 2001; NL 2003. Fin whale ...... WNP ...... 9,250 Tillman, 1977; Mizroch et al., 0.00006 0.00006 ...... 0.00006 Bradford et al., 2017 ...... EN 2009. Humpback whale ...... WNP and DPS ..... 1,328 Bettridge et al., 2015 ...... 0.00089 0.00089 ...... 0.00089 Acebes et al., 2007; LGL, EN 2008. Omura’s whale ...... WNP ...... 1,800 Oshsumi, 1980 ...... 0.00004 0.00004 0.00004 0.00004 LGL, 2008; DoN, 2018 ...... NL Sei whale ...... NP ...... 7,000 Mizroch et al., 2015 ...... 0.00029 0.00029 ...... 0.00029 Fulling et al., 2011 ...... EN Blainville’s beaked whale ...... WNP ...... 8,032 Ferguson and Barlow, 2001; 0.00086 0.00086 0.00086 0.00086 Bradford et al., 2017 ...... NL 2003. Common bottlenose dolphin ... WNP Southern 40,769 Kanaji et al., 2018 ...... 0.00899 0.00899 0.00899 0.00899 Bradford et al., 2017 ...... NL Offshore. Cuvier’s beaked whale ...... WNP ...... 90,725 Ferguson and Barlow, 2001; 0.0003 0.0003 0.0003 0.0003 Bradford et al., 2017 ...... NL 2003. Deraniyagala’s beaked whale NP ...... 22,799 Ferguson and Barlow, 2001; 0.00189 0.00189 0.00189 0.00189 Bradford et al., 2017 ...... NL 2003. Dwarf sperm whale ...... WNP ...... 350,553 Ferguson and Barlow, 2001; 0.00714 0.00714 0.00714 0.00714 Barlow, 2006...... NL 2003. False killer whale ...... WNP ...... 16,668 Miyashita, 1993 ...... 0.00111 0.00111 0.00111 0.00111 Fulling et al., 2011 ...... NL Fraser’s dolphin ...... CNP ...... 16,992 Bradford et al., 2013 ...... 0.02104 0.02104 0.02104 0.02104 Bradford et al., 2017 ...... NL Ginkgo-toothed beaked whale NP ...... 22,799 Ferguson and Barlow, 2001; 0.00189 0.00189 0.00189 0.00189 Bradford et al., 2017 ...... NL 2003. Killer whale ...... WNP ...... 12,256 Ferguson and Barlow, 2001; 0.00006 0.00006 0.00006 0.00006 Bradford et al., 2017 ...... NL 2003. Longman’s beaked whale ...... WNP ...... 7,619 Bradford et al., 2017 ...... 0.00311 0.00311 0.00311 0.00311 Bradford et al., 2017 ...... NL Melon-headed whale ...... WNP ...... 56,213 Kanaji et al., 2018 ...... 0.00428 0.00428 0.00428 0.00428 Fulling et al., 2011 ...... NL Pantropical spotted dolphin .... WNP ...... 130,002 Kanaji et al., 2018 ...... 0.0226 0.0226 0.0226 0.0226 Fulling et al., 2011 ...... NL Pygmy killer whale ...... WNP ...... 30,214 Ferguson and Barlow, 2001; 0.00014 0.00014 0.00014 0.00014 Fulling et al., 2011 ...... NL 2003. Pygmy sperm whale ...... WNP ...... 350,553 Ferguson and Barlow, 2001; 0.00291 0.00291 0.00291 0.00291 Barlow, 2006...... NL 2003. Risso’s dolphin ...... WNP ...... 143,374 Kanaji et al., 2018 ...... 0.00474 0.00474 0.00474 0.00474 Bradford et al., 2017 ...... NL Rough-toothed dolphin ...... WNP ...... 5,002 Kanaji et al., 2018 ...... 0.00185 0.00185 0.00185 0.00185 LGL, 2011...... NL Short-finned pilot whale ...... WNP Southern ..... 31,396 Kanaji et al., 2018 ...... 0.00797 0.00797 0.00797 0.00797 Bradford et al., 2017 ...... NL Sperm whale ...... NP ...... 102,112 Kato and Miyashita, 1998 ...... 0.00123 0.00123 0.00123 0.00123 Fulling et al., 2011 ...... EN Spinner dolphin ...... WNP ...... 1,015,059 Ferguson and Barlow, 2001; 0.00083 0.00083 0.00083 0.00083 Barlow, 2006...... NL 2003.

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TABLE 5—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 4, OFFSHORE GUAM—Continued

Density (animals/Km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Striped dolphin ...... WNP Southern 52,682 Mayashita, 1993; Kasuya and 0.00616 0.00616 0.00616 0.00616 Fulling et al., 2011 ...... NL Offshore. Perrin, 2017. 1 CNP = central north Pacific; NP = north Pacific; OE = Offshore Japan; WNP = western north Pacific. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed.

TABLE 6—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 5, SEA OF JAPAN

Density (animals/Km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Bryde’s whale ...... WNP ...... 20,501 IWC, 2009 ...... 0.0001 0.0001 0.0001 0.0001 Ferguson and Barlow, 2001; NL 2003. Common minke whale ...... WNP JW Stock .... 2,611 Miyashita and Okamura, 2011 0.00016 0.00016 0.00016 0.00016 Ferguson and Barlow, 2001; NL 2003. Fin whale ...... WNP ...... 9,250 Tillman, 1977; Mizroch et al., 0.0009 0.0009 ...... 0.0009 Ferguson and Barlow, 2001; EN 2009. 2003. North Pacific right whale ...... WNP ...... 922 Best et al., 2001 ...... 0.00001 0.00001 ...... Unavail ...... EN Omura’s whale ...... WNP ...... 1,800 Oshsumi, 1980 ...... 0.00004 0.00004 0.00004 0.00004 LGL, 2008; DoN, 2018 ...... NL Western North Pacific gray WNP Western 290 Caretta et al., 2019 ...... 0.00001 0.00001 0.00001 0.00001 Unavail...... EN 4 whale. DPS. Baird’s beaked whale ...... WNP ...... 5,688 Miyashita 1986 and 1990; 0.0003 0.0003 ...... 0.0003 Kasuya, 1986...... NL Kasuya and Perrin, 2017. Common dolphin ...... WNP ...... 279,182 Carretta et al., 2011 ...... 0.1158 0.1158 0.1158 0.1158 Carretta et al., 2011 ...... NL Common bottlenose dolphin ... IA ...... 105,138 Miyashita, 1986; Kishiro and 0.00077 0.00077 0.00077 0.00077 LGL, 2011...... NL Kasuya 1993. Cuvier’s beaked whale ...... WNP ...... 90,725 Ferguson and Barlow, 2001; 0.0031 0.0031 0.0031 0.0031 Ferguson and Barlow, 2001; NL 2003. 2003. Dall’s porpoise ...... SOJ dalli ...... 173,638 IWC, 2008 ...... 0.0520 0.0520 ...... 0.0520 Ferguson and Barlow, 2001; NL 2003. False killer whale ...... IA ...... 9,777 Miyashita, 1986; Kishiro and 0.0027 0.0027 0.0027 0.0027 Ferguson and Barlow, 2001; NL Kasuya 1993. 2003. Harbor porpoise ...... WNP ...... 31,046 Hobbs and Waite, 2010; 0.0190 0.0190 ...... 0.0190 Hobbs and Waite, 2010 ...... NL Angliss and Allen, 2014. Killer whale ...... WNP ...... 12,256 Ferguson and Barlow, 2001; 0.00009 0.00009 0.00009 0.00009 LGL, 2011...... NL 2003. Kogia spp.5 ...... WNP ...... 350,553 Ferguson and Barlow, 2001; 0.0017 0.0017 0.0017 0.0017 Ferguson and Barlow, 2001; NL 2003. 2003. Pacific white-sided dolphin ..... NP ...... 931,000 Buckland et al., 1993 ...... 0.0030 0.0030 ...... Ferguson and Barlow, 2001; NL 2003. Risso’s dolphin ...... IA ...... 143,374 Kanaji et al., 2018 ...... 0.0073 0.0073 0.0073 0.0073 Miyashita, 1993...... NL Rough-toothed dolphin ...... WNP ...... 5,002 Kanaji et al., 2018 ...... 0.00224 0.00224 0.00224 0.00224 Forney et al., 2015 ...... NL Sperm whale ...... NP ...... 102,112 Kato and Miyashita, 1998 ...... 0.00123 0.00123 0.00123 0.00123 Fulling et al., 2011 ...... EN Spinner dolphin ...... WNP ...... 1,015,059 Ferguson and Barlow, 2001; ...... 0.00083 0.00083 Barlow, 2006...... NL 2003. Stejneger’s beaked whale ...... WNP ...... 8,000 Kasuya, 1986 ...... 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. Northern fur seal ...... WP ...... 503,609 Kuzin 2015; Gelatt et al., 0.368 0.158 ...... Horimoto et al., 2016 ...... NL 2015. Spotted seal ...... Southern and DPS 6,284 Trukhin 2019, Han et al., 0.00001 0.00001 0.00001 0.00001 Unavail...... T 2010; Han et al., 2005, Yan et al., 2018, Shibuya and Kobayashi 2016. 1 IA = Inshore Archipelago; JW = Sea of Japan (minke); NP = north Pacific; SOJ = Sea of Japan; WNP = western north Pacific. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed. 4 Only the western Pacific population of gray whale is endangered under the ESA. 5 Pygmy and dwarf sperm whales are difficult to distinguish at sea, and abundance estimates are pooled for Kogia spp as reported in Ferguson and Barlow, 2001 and 2003.

TABLE 7—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 6, EAST CHINA SEA

Density (animals/km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Bryde’s whale ...... ECS ...... 137 IWC, 1996 ...... 0.0003 0.0003 0.0003 0.0003 Bradford et al., 2013 ...... NL Common minke whale ...... YS ...... 4,492 Miyashita and Okamura, 0.0018 0.0018 0.0018 0.0018 Buckland et al., 1992 ...... NL 2011; Hakamada and Hatanaka, 2010. Fin whale ...... ECS ...... 500 Tillman, 1977; Mizroch et al., 0.0002 0.0002 0.0002 0.0002 Tillman, 1977...... EN 2009. North Pacific right whale ...... WNP ...... 922 Best et al., 2001 ...... 0.00001 0.00001 ...... Unavail ...... EN Omura’s whale ...... WNP ...... 1,800 Oshsumi, 1980 ...... 0.00004 0.00004 0.00004 0.00004 LGL, 2008...... NL Western North Pacific gray WNP and Western 290 Carretta et al., 2019 ...... 0.00001 0.00001 ...... 0.00001 Unavail...... EN 4 whale. DPS. Blainville’s beaked whale ...... WNP ...... 8,032 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. Common dolphin ...... WNP ...... 279,182 Carretta et al., 2011 ...... 0.1158 0.1158 0.1158 0.1158 Carretta et al., 2011 ...... NL Common bottlenose dolphin ... IA ...... 105,138 Miyashita, 1986; Kishiro and 0.00077 0.00077 0.00077 0.00077 LGL, 2011...... NL Kasuya 1993.

VerDate Sep<11>2014 18:45 Aug 12, 2019 Jkt 247001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\13AUR2.SGM 13AUR2 jspears on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Rules and Regulations 40165

TABLE 7—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 6, EAST CHINA SEA—Continued

Density (animals/km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Cuvier’s beaked whale ...... WNP ...... 90,725 Ferguson and Barlow, 2001; 0.0003 0.0003 0.0003 0.0003 Ferguson and Barlow, 2001; NL 2003. 2003. False killer whale ...... IA ...... 9,777 Miyashita, 1986; Kishiro and 0.00111 0.00111 0.00111 0.00111 Fulling et al., 2011 ...... NL Kasuya 1993. Fraser’s dolphin ...... WNP ...... 220,789 Ferguson and Barlow, 2001; 0.00694 0.00694 0.00694 0.00694 Bradford et al., 2013 ...... NL 2003. Ginkgo-toothed beaked whale NP ...... 22,799 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. Killer whale ...... WNP ...... 12,256 Ferguson and Barlow, 2001; 0.00009 0.00009 0.00009 0.00009 LGL, 2011...... NL 2003. Kogia spp.5 ...... WNP ...... 350,553 Ferguson and Barlow, 2001; 0.0017 0.0017 0.0017 0.0017 Ferguson and Barlow, 2001; NL 2003. 2003. Longman’s beaked whale ...... WNP ...... 7,619 Bradford et al., 2017 ...... 0.00025 0.00025 0.00025 0.00025 LGL, 2011...... NL Melon-headed whale ...... WNP ...... 56,213 Kanaji et al., 2018 ...... 0.00428 0.00428 0.00428 0.00428 Fulling et al., 2011 ...... NL Pacific white-sided dolphin ..... NP ...... 931,000 Buckland et al., 1993 ...... 0.0028 0.0028 ...... Ferguson and Barlow, 2001; NL 2003. Pantropical spotted dolphin .... WNP ...... 130,002 Kanaji et al., 2018 ...... 0.01374 0.01374 0.01374 0.01374 Miyashita, 1993...... NL Pygmy killer whale ...... WNP ...... 30,214 Ferguson and Barlow, 2001; 0.00014 0.00014 0.00014 0.00014 Fulling et al., 2011 ...... NL 2003. Risso’s dolphin ...... IA ...... 143,374 Kanaji et al., 2018 ...... 0.0106 0.0106 0.0106 0.0106 Miyashita, 1993...... NL Rough-toothed dolphin ...... WNP ...... 5,002 Kanaji et al., 2018 ...... 0.00224 0.00224 0.00224 0.00224 Forney et al., 2015 ...... NL Sperm whale ...... NP ...... 102,112 Kato and Miyashita, 1998 ...... 0.00123 0.00123 0.00123 0.00123 Fulling et al., 2011 ...... EN Spinner dolphin ...... WNP ...... 1,015,059 Ferguson and Barlow, 2001; 0.00083 0.00083 0.00083 0.00083 Barlow, 2006...... NL 2003. Spotted seal ...... Southern and DPS 1,500 Han et al., 2005 in Yan et al., 0.00001 0.00001 0.00001 0.00001 Unavail...... T 2018; Han et al., 2010. 1 ECS = East China Sea; IA = Inshore Archipelago; NP = north Pacific; WNP = western north Pacific; YS = Yellow Sea. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed. 4 Only the western Pacific population of gray whale is endangered under the ESA. 5 Pygmy and dwarf sperm whales are difficult to distinguish at sea, and abundance estimates are pooled for Kogia spp as reported in Ferguson and Barlow, 2001 and 2003.

TABLE 8—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 7, SOUTH CHINA SEA

Density (animals/km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Bryde’s whale ...... WNP ...... 20,501 IWC, 2009 ...... 0.0006 0.0006 0.0006 0.0006 Ohsumi, 1977...... NL Common minke whale ...... YS ...... 4,492 Miyashita and Okamura, 0.0018 0.0018 0.0018 0.0018 Buckland et al., 1992 ...... NL 2011; Kakamada ad Hatanaka 2010. Fin whale ...... WNP ...... 9,250 Tillman, 1977 ...... 0.0002 0.0002 ...... 0.0002 Tillman, 1977...... EN Humpback whale ...... WNP and DPS ..... 1,328 Bettridge et al., 2015 ...... 0.00036 0.00036 ...... 0.00036 Calambokidis et al., 2008; EN LGL, 2008. North Pacific right whale ...... WNP ...... 922 Best et al., 2001 ...... 0.00001 0.00001 ...... Unavail ...... EN Omura’s whale ...... WNP ...... 1,800 Oshsumi, 1980 ...... 0.00004 0.00004 0.00004 0.00004 LGL, 2008; DoN, 2018 ...... NL Western North Pacific gray WNP and Western 290 Carretta et al., 2019 ...... 0.00001 0.00001 ...... 0.00001 Unavail...... EN 4 whale. DPS. Blainville’s beaked whale ...... WNP ...... 8,032 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. Common dolphin ...... WNP ...... 279,182 Carretta et al., 2011 ...... 0.1158 0.1158 0.1158 0.1158 Carretta et al., 2011 ...... NL Common bottlenose dolphin ... IA ...... 105,138 Miyashita, 1986; Kishiro and 0.00077 0.00077 0.00077 0.00077 LGL, 2011...... NL Kasuya 1993. Cuvier’s beaked whale ...... WNP ...... 90,725 Ferguson and Barlow, 2001; 0.0003 0.0003 0.0003 0.0003 Ferguson and Barlow, 2001; NL 2003. 2003. Deraniyagala’s beaked whale NP ...... 22,799 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. False killer whale ...... IA ...... 9,777 Miyashita, 1986; Kishiro and 0.00111 0.00111 0.00111 0.00111 Fulling et al., 2011 ...... NL Kasuya 1993. Fraser’s dolphin ...... WNP ...... 220,789 Ferguson and Barlow, 2001; 0.00694 0.00694 0.00694 0.00694 Bradford et al., 2013 ...... NL 2003. Ginkgo-toothed beaked whale NP ...... 22,799 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. Killer whale ...... WNP ...... 12,256 Ferguson and Barlow, 2001; 0.00009 0.00009 0.00009 0.00009 LGL, 2011...... NL 2003. Kogia spp.5 ...... WNP ...... 350,553 Ferguson and Barlow, 2001; 0.0017 0.0017 0.0017 0.0017 Ferguson and Barlow, 2001; NL 2003. 2003. Longman’s beaked whale ...... WNP ...... 7,619 Bradford et al., 2017 ...... 0.00025 0.00025 0.00025 0.00025 LGL, 2011...... NL Melon-headed whale ...... WNP ...... 56,213 Kanaji et al., 2018 ...... 0.00428 0.00428 0.00428 0.00428 Fulling et al., 2011 ...... NL Pantropical spotted dolphin .... WNP ...... 130,002 Kanaji et al., 2018 ...... 0.01374 0.01374 0.01374 0.01374 Miyashita, 1993...... NL Pygmy killer whale ...... WNP ...... 30,214 Ferguson and Barlow, 2001; 0.00014 0.00014 0.00014 0.00014 Fulling et al., 2011 ...... NL 2003. Risso’s dolphin ...... IA ...... 143,374 Kanaji et al., 2018 ...... 0.0106 0.0106 0.0106 0.0106 Miyashita, 1993...... NL Rough-toothed dolphin ...... WNP ...... 5,002 Kanaji et al., 2018 ...... 0.00224 0.00224 0.00224 0.00224 Forney et al., 2015 ...... NL Short-finned pilot whale ...... WNP Southern ..... 31,396 Kanaji et al., 2018 ...... 0.00159 0.00159 0.00159 0.00159 Fulling et al., 2011 ...... NL Sperm whale ...... NP ...... 102,112 Kato and Miyashita, 1998 ...... 0.00123 0.00123 0.00123 0.00123 Fulling et al., 2011 ...... EN Spinner dolphin ...... WNP ...... 1,015,059 Ferguson and Barlow, 2001; 0.00083 0.00083 0.00083 0.00083 Barlow, 2006...... NL 2003. Striped dolphin ...... WNP Southern 52,682 Miyashita, 1993; Kasuya and 0.00584 0.00584 0.00584 0.00584 LGL, 2011...... NL Offshore. Perrin, 2017. 1 IA = Inshore Archipelago; NP = north Pacific; WNP = western north Pacific; YS = Yellow Sea. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed.

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4 Only the western Pacific population of gray whale is endangered under the ESA. 5 Pygmy and dwarf sperm whales are difficult to distinguish at sea, and abundance estimates are pooled for Kogia spp as reported in Ferguson and Barlow, 2001 and 2003.

TABLE 9—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 8, OFFSHORE JAPAN 25° TO 40° N

Density (animals/km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Blue whale ...... WNP ...... 9,250 Tillman, 1977 ...... 0.00001 0.00001 ...... 0.00001 Tillman, 1997; Ferguson and EN Barlow 2001; 2003; LGL, 2008. Bryde’s whale ...... WNP ...... 20,501 IWC, 2009 ...... 0.0003 0.0003 0.0003 0.0003 LGL, 2011...... NL Common minke whale ...... WNP ‘‘OE’’ ...... 25,049 Buckland et al., 1992 ...... 0.0003 0.0003 0.0003 0.0003 Buckland et al., 1992 ...... NL Fin whale ...... WNP ...... 9,250 Tillman, 1977; Mizroch et al., ...... 0.0001 0.0001 Tillman, 1977...... EN 2009. Humpback whale ...... WNP and DPS ..... 1,328 Bettridge et al., 2015 ...... 0.00036 0.00036 Calambokidis et al., 2008; EN LGL, 2008. Sei whale ...... NP ...... 7,000 Mizroch et al., 2015 ...... 0.00029 0.00029 0.00029 Fulling et al., 2011 ...... EN Baird’s beaked whale ...... WNP ...... 5,688 Miyashita, 1986; Kasuya and 0.0001 0.0001 0.0001 0.0001 Kasuya, 1986...... NL Perrin, 2017. Blainville’s beaked whale ...... WNP ...... 8,032 Ferguson and Barlow, 2001; 0.0007 0.0007 0.0007 0.0007 LGL, 2011...... NL 2003. Common dolphin ...... WNP ...... 3,286,163 Ferguson and Barlow, 2001; 0.0863 0.0863 0.0863 0.0863 Ferguson and Barlow, 2001; NL 2003. 2003. Common bottlenose dolphin ... WNP Northern Off- 100,281 Miyashita, 1993; Kasuya and 0.00077 0.00077 0.00077 0.00077 LGL, 2011...... NL shore. Perrin, 2017. Cuvier’s beaked whale ...... WNP ...... 90,725 Ferguson and Barlow, 2001; 0.00374 0.00374 0.00374 0.00374 LGL, 2011...... NL 2003. Dall’s porpoise ...... WNP dalli ...... 162,000 Miyashita, 1991; Kasuya and 0.0390 0.0520 ...... 0.0520 Ferguson and Barlow, 2001; NL Perrin, 2017. 2003. Dwarf sperm whale ...... WNP ...... 350,553 Ferguson and Barlow, 2001; 0.0043 0.0043 0.0043 0.0043 LGL, 2011...... NL 2003. False killer whale ...... WNP ...... 16,668 Miyashita, 1993 ...... 0.0036 0.0036 0.0036 0.0036 Miyashita, 1993...... NL Hubb’s beaked whale ...... NP ...... 22,799 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. Killer whale ...... WNP ...... 12,256 Ferguson and Barlow, 2001; 0.00009 0.00009 0.00009 0.00009 LGL, 2011...... NL 2003. Longman’s beaked whale ...... WNP ...... 7,619 Bradford et al., 2017 ...... 0.00025 0.00025 0.00025 0.00025 LGL, 2011...... NL Melon-headed whale ...... WNP ...... 56,213 Kanaji et al., 2018 ...... 0.0027 0.0027 0.0027 0.0027 LGL, 2011...... NL Mesoplodon spp.4 ...... WNP ...... 22,799 Ferguson and Barlow, 2001; 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. 2003. Northern right whale dolphin .. NP ...... 68,000 Buckland et al., 1993 ...... 0.00001 0.00001 ...... 0.00001 Unavail...... NL Pacific white-sided dolphin ..... NP ...... 931,000 Buckland et al., 1993 ...... 0.0048 0.0048 0.0048 0.0048 Ferguson and Barlow, 2001; NL 2003. Pantropical spotted dolphin .... WNP ...... 130,002 Kanaji et al., 2018 ...... 0.0113 0.0113 0.0113 0.0113 LGL, 2011...... NL Pygmy killer whale ...... WNP ...... 30,214 Ferguson and Barlow, 2001; 0.0001 0.0001 0.0001 0.0001 LGL, 2011...... NL 2003. Pygmy sperm whale ...... WNP ...... 350,553 Ferguson and Barlow, 2001; 0.0018 0.0018 0.0018 0.0018 LGL, 2011...... NL 2003. Risso’s dolphin ...... WNP ...... 143,374 Kanaji et al., 2018 ...... 0.0005 0.0005 0.0005 0.0005 LGL, 2011...... NL Rough-toothed dolphin ...... WNP ...... 5,002 Kanaji et al., 2018 ...... 0.0019 0.0019 0.0019 0.0019 LGL, 2011...... NL Short-finned pilot whale ...... WNP Northern ...... 20,884 Miyashita, 1993 ...... 0.0021 0.0021 0.0021 0.0021 LGL, 2011 ...... NL Sperm whale ...... NP ...... 102,112 Kato and Miyashita, 1998 ...... 0.0022 0.0022 0.0022 0.0022 LGL, 2011...... EN Spinner dolphin ...... WNP ...... 1,015,059 Ferguson and Barlow, 2001; 0.0019 0.0019 0.0019 0.0019 LGL, 2011...... NL 2003. Stejneger’s beaked whale ...... WNP ...... 8,000 Kasuya, 1986 ...... 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. Striped dolphin ...... WNP Northern Off- 497,725 Miyashita, 1993; Kasuya and 0.0058 0.0058 0.0058 0.0058 LGL, 2011...... NL shore. Perrin, 2017. Hawaiian monk seal ...... Hawaii ...... 1,427 NMFS, 2018 ...... 0.00001 0.00001 0.00001 0.00001 Unavail ...... EN Northern fur seal ...... WP ...... 503,609 Kuzin 2015; Gelatt et al., 0.0123 ...... Buckland et al., 1993 ...... NL 2015. 1 NP = north Pacific; OE = Offshore Japan; WNP = western north Pacific; WP = Western Pacific. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed. 4 No methods are available to distinguish between the species of Mesoplodon beaked whales in the WNP stocks (Blainville’s beaked whale (M. densirostris), Perrin’s beaked whale (M. perrini), Lesser beaked whale (M. peruvianus), Stejneger’s beaked whale (M. stejnegeri), Gingko-toothed beaked whale (M. gingkodens), and Hubbs’ beaked whale (M. carlhubbsi)) when ob- served during at-sea surveys (Carretta et al., 2018). As reported in Ferguson and Barlow, 2001 and 2003, data on these species were pooled. These six species are managed as one unit.

TABLE 10—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 9, OFFSHORE JAPAN 10° TO 25° N

Density (animals/Km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Blue whale ...... WNP ...... 9,250 Tillman, 1977; Caretta et al., 0.00001 0.00001 ...... 0.00001 Tillman, 1997; Ferguson and EN 2019. Barlow 2001; 2003; LGL, 2008. Bryde’s whale ...... WNP ...... 20,501 IWC, 2009 ...... 0.0003 0.0003 0.0003 0.0003 LGL, 2011...... NL Fin whale ...... WNP ...... 9,250 Tillman, 1977 ...... 0.00001 0.00001 ...... Unavail ...... EN Humpback whale ...... WNP and DPS ..... 1,328 Bettridge et al., 2015 ...... 0.00036 0.00036 ...... 0.00036 Calambokidis et al., 2008; EN LGL, 2008. Omura’s whale ...... WNP ...... 1,800 Oshsumi, 1980 ...... 0.00004 0.00004 0.00004 0.00004 LGL, 2008; DoN, 2018 ...... NL Sei whale ...... NP ...... 7,000 Mizroch et al., 2015 ...... 0.00029 ...... 0.00029 Fulling et al., 2011 ...... EN Blainville’s beaked whale ...... WNP ...... 8,032 Ferguson and Barlow, 2001; 0.0007 0.0007 0.0007 0.0007 LGL, 2011...... NL 2003. Common bottlenose dolphin ... WNP Southern 40,769 Kanaji et al., 2018 ...... 0.00077 0.00077 0.00077 0.00077 LGL, 2011...... NL Offshore. Cuvier’s beaked whale ...... WNP ...... 90,725 Ferguson and Barlow, 2001; 0.00374 0.00374 0.00374 0.00374 LGL, 2011...... NL 2003.

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TABLE 10—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 9, OFFSHORE JAPAN 10° TO 25° N—Continued

Density (animals/Km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Deraniyagala’s beaked whale NP ...... 22,799 Ferguson and Barlow, 2001; 0.00093 0.00093 0.00093 0.00093 Ferguson and Barlow, 2001; NL 2003. 2003. Dwarf sperm whale ...... WNP ...... 350,553 Ferguson and Barlow, 2001; 0.0043 0.0043 0.0043 0.0043 LGL, 2011...... NL 2003. False killer whale ...... WNP ...... 16,668 Miyashita, 1993 ...... 0.00057 0.00057 0.00057 0.00057 LGL, 2011...... NL Fraser’s dolphin ...... CNP ...... 16,992 Bradford et al., 2013 ...... 0.00251 0.00251 0.00251 0.00251 LGL, 2011...... NL Ginkgo-toothed beaked whale NP ...... 22,799 Ferguson and Barlow, 2001; 0.00093 0.00093 0.00093 0.00093 Ferguson and Barlow, 2001; NL 2003. 2003. Killer whale ...... WNP ...... 12,256 Ferguson and Barlow, 2001; 0.00009 0.00009 0.00009 0.00009 LGL, 2011...... NL 2003. Longman’s beaked whale ...... WNP ...... 7,619 Bradford et al., 2017 ...... 0.00025 0.00025 0.00025 0.00025 LGL, 2011...... NL Melon-headed whale ...... WNP ...... 56,213 Kanaji et al., 2018 ...... 0.00267 0.00267 0.00267 0.00267 LGL, 2011...... NL Pantropical spotted dolphin .... WNP ...... 130,002 Kanaji et al., 2018 ...... 0.01132 0.01132 0.01132 0.01132 LGL, 2011...... NL Pygmy killer whale ...... WNP ...... 30,214 Ferguson and Barlow, 2001; 0.00006 0.00006 0.00006 0.00006 LGL, 2011...... NL 2003. Pygmy sperm whale ...... WNP ...... 350,553 Ferguson and Barlow, 2001; 0.00176 0.00176 0.00176 0.00176 LGL, 2011...... NL 2003. Risso’s dolphin ...... WNP ...... 143,374 Kanaji et al., 2018 ...... 0.00046 0.00046 0.00046 0.00046 LGL, 2011...... NL Rough-toothed dolphin ...... WNP ...... 5,002 Kanaji et al., 2018 ...... 0.00185 0.00185 0.00185 0.00185 LGL, 2011...... NL Short-finned pilot whale ...... WNP Southern ..... 31,396 Kanaji et al., 2018 ...... 0.00211 0.00211 0.00211 0.00211 LGL, 2011...... NL Sperm whale ...... NP ...... 102,112 Kato and Miyashita, 1998 ...... 0.00222 0.00222 0.00222 0.00222 LGL, 2011...... EN Spinner dolphin ...... WNP ...... 1,015,059 Ferguson and Barlow, 2001; 0.00187 0.00187 0.00187 0.00187 LGL, 2011...... NL 2003. Striped dolphin ...... WNP Southern 52,682 Miyashita, 1993; Kasuya and 0.00584 0.00584 0.00584 0.00584 LGL, 2011...... NL Offshore. Perrin, 2017. 1 NP = north Pacific; CNP = central north Pacific; WNP = western north Pacific. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed.

TABLE 11—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 10, NORTHERN HAWAII

Density (animals/Km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Blue whale ...... CNP ...... 133 Bradford et al., 2017 ...... 0.00005 0.00005 ...... 0.00005 Bradford et al., 2017 ...... EN Bryde’s whale ...... Hawaii ...... 1,751 Bradford et al., 2017 ...... 0.000085 0.000085 0.000085 0.000085 Forney et al., 2015 ...... NL Common minke whale ...... Hawaii ...... 25,049 Buckland et al., 1992 ...... 0.00423 0.00423 ...... 0.00423 Martin et al., 2015 ...... NL Fin whale ...... Hawaii ...... 154 Bradford et al., 2017 ...... 0.00006 0.00006 ...... 0.00006 Bradford et al., 2017 ...... EN Humpback whale ...... CNP and Hawaii 10,103 Calambokidis et al., 2008; 0.00529 0.00529 ...... 0.00529 Mobley et al., 2001; NL DPS. Muto et al., 2019. Calambokidis et al., 2008. Sei whale ...... Hawaii ...... 391 Bradford et al., 2017 ...... 0.00016 0.00016 ...... 0.00016 Bradford et al., 2017 ...... EN Blainville’s beaked whale ...... Hawaii ...... 2,105 Bradford et al., 2017 ...... 0.00086 0.00086 0.00086 0.00086 Bradford et al., 2017 ...... NL Common bottlenose dolphin ... Hawaii pelagic ...... 21,815 Bradford et al., 2017 ...... 0.00118 0.00118 0.00118 0.00118 Forney et al., 2015 ...... NL Kauai/Niihau ...... 184 Baird et al., 2009; Caretta et 0.065 0.065 0.065 0.065 Baird et al., 2009 ...... NL al., 2014. 4 Islands ...... 191 Baird et al., 2009; Caretta et 0.017 0.017 0.017 0.017 Baird et al., 2009 ...... NL al., 2014. Oahu ...... 743 Baird et al., 2009; Caretta et 0.187 0.187 0.187 0.187 Baird et al., 2009 ...... NL al., 2014. Hawaii Island ...... 128 Baird et al., 2009; Caretta et 0.028 0.028 0.028 0.028 Baird et al., 2009 ...... NL al., 2014. Cuvier’s beaked whale ...... Hawaii ...... 723 Bradford et al., 2017 ...... 0.0003 0.0003 0.0003 0.0003 Bradford et al., 2017 ...... NL Dwarf sperm whale ...... Hawaii ...... 17,519 Barlow, 2006 ...... 0.00714 0.00714 0.00714 0.00714 Barlow, 2006...... NL False killer whale ...... Hawaii-Pelagic ..... 1,540 Bradford et al., 2014; 2015; 0.0006 0.0006 0.0006 0.0006 Forney et al., 2015; Bradford NL Caretta et al., 2019. et al., 2015. Main Hawaiian Is- 167 Bradford et al., 2018; Caretta 0.0008 0.0008 0.0008 0.0008 Bradford et al., 2015 ...... EN lands Insular et al., 2019. and DPS. Northwest Hawai- 617 Bradford et al., 2014; 2015; 0.0006 0.0006 0.0006 0.0006 Forney et al., 2015; Bradford NL ian Islands. Caretta et al., 2019. et al., 2015. Fraser’s dolphin ...... Hawaii ...... 51,491 Bradford et al., 2017 ...... 0.02104 0.02104 0.02104 0.02104 Bradford et al., 2017 ...... NL Killer whale ...... Hawaii ...... 146 Bradford et al., 2017 ...... 0.00006 0.00006 0.00006 0.00006 Bradford et al., 2017 ...... NL Longman’s beaked whale ...... Hawaii ...... 7,619 Bradford et al., 2017 ...... 0.00311 0.00311 0.00311 0.00311 Bradford et al., 2017 ...... NL Melon-headed whale ...... Hawaiian Islands .. 8,666 Bradford et al., 2017 ...... 0.002 0.0020 0.0020 0.0020 Aschettino, 2010...... NL Kohala Resident ... 447 Aschettino, 2010 ...... 0.1000 0.1000 0.1000 0.1000 Aschettino, 2010 ...... NL Pantropical spotted dolphin .... Hawaii Pelagic ..... 55,795 Bradford et al., 2017 ...... 0.00369 0.00369 0.00369 0.00369 Forney et al., 2015 ...... NL Hawaii Island ...... 220 Courbis et al., 2014 ...... 0.061 0.061 0.061 0.061 Oleson et al., 2013 ...... NL Oahu ...... 220 Courbis et al., 2014 ...... 0.072 0.072 0.072 0.072 Oleson et al., 2013 ...... NL 4 Islands ...... 220 Courbis et al., 2014 ...... 0.061 0.061 0.061 0.061 Oleson et al., 2013 ...... NL Pygmy killer whale ...... Hawaii ...... 10,640 Bradford et al., 2017 ...... 0.00435 0.00435 0.00435 0.00435 Bradford et al., 2017 ...... NL Pygmy sperm ...... Hawaii ...... 7,138 Barlow, 2006 ...... 0.0029 0.0029 0.0029 0.0029 Barlow, 2006...... NL Risso’s dolphin ...... Hawaii ...... 11,613 Bradford et al., 2017 ...... 0.00474 0.00474 0.00474 0.00474 Bradford et al., 2017 ...... NL Rough-toothed dolphin ...... Hawaii ...... 72,528 Bradford et al., 2017 ...... 0.00224 0.00224 0.00224 0.00224 Forney et al., 2015 ...... NL Short-finned pilot whale ...... Hawaii ...... 19,503 Bradford et al., 2017 ...... 0.00459 0.00459 0.00459 0.00459 Forney et al., 2015 ...... NL Sperm whale ...... Hawaii ...... 4,559 Bradford et al., 2017 ...... 0.00158 0.00158 0.00158 0.00158 Forney et al., 2015 ...... EN Spinner dolphin ...... Hawaii Pelagic ..... 3,351 Barlow, 2006 ...... 0.00159 0.00159 0.00159 0.00159 Forney et al., 2015 ...... NL Kauai/Niihau ...... 601 Carretta et al., 2014 ...... 0.097 0.097 0.097 0.097 Hill et al., 2011 ...... NL Hawaii Island ...... 665 Carretta et al., 2019 ...... 0.066 0.066 0.066 0.066 Tyne et al., 2014 ...... NL Oahu/4 Islands ..... 355 Carretta et al., 2014 ...... 0.023 0.023 0.023 0.023 Hill et al., 2011 ...... NL Kure/Midway Atoll 260 Carretta et al., 2014 ...... 0.0070 0.0070 0.0070 0.0070 Barlow, 2006...... NL Pearl and Hermes 300 Karczmarski et al., 2005 ...... 0.0070 0.0070 0.0070 0.0070 Barlow, 2006...... NL Reef. Striped dolphin ...... Hawaii ...... 61,201 Bradford et al., 2017 ...... 0.00385 0.00385 0.00385 0.00385 Forney et al., 2015 ...... NL

VerDate Sep<11>2014 18:45 Aug 12, 2019 Jkt 247001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\13AUR2.SGM 13AUR2 jspears on DSK3GMQ082PROD with RULES2 40168 Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Rules and Regulations

TABLE 11—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 10, NORTHERN HAWAII—Continued

Density (animals/Km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Hawaiian monk seal ...... Hawaii ...... 1,427 NMFS, 2018 ...... 0.00004 0.00004 0.00004 0.00004 NMFS, 2018; DoN, 2018 ...... EN 1 CNP = central north Pacific. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed.

TABLE 12—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 11, SOUTHERN HAWAII

Density (animals/Km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Blue whale ...... CNP ...... 133 Bradford et al., 2017 ...... 0.00005 0.00005 ...... 0.00005 Bradford et al., 2017 ...... EN Bryde’s whale ...... Hawaii ...... 798 Bradford et al., 2013 ...... 0.00012 0.00012 0.00012 0.00012 Forney et al., 2015 ...... NL Common minke whale ...... Hawaii ...... 25,049 Buckland et al., 1992 ...... 0.00423 0.00423 ...... 0.00423 Martin et al., 2015 ...... NL Fin whale ...... Hawaii ...... 154 Bradford et al., 2017 ...... 0.00006 0.00006 ...... 0.00006 Bradford et al., 2017 ...... EN Humpback whale ...... CNP/Hawaii DPS 10,103 Calambokidis et al., 2008 ...... 0.00631 0.00631 ...... 0.00631 Mobley et al., 2001; NL Calambokidis et al., 2008. Sei whale ...... Hawaii ...... 391 Bradford et al., 2017 ...... 0.00016 0.00016 ...... 0.00016 Bradford et al., 2017 ...... EN Blainville’s beaked whale ...... Hawaii ...... 2,105 Bradford et al., 2017 ...... 0.00086 0.00086 0.00086 0.00086 Bradford et al., 2017 ...... NL Common bottlenose dolphin ... Hawaii Pelagic ..... 21,815 Bradford et al., 2017 ...... 0.00126 0.00126 0.00126 0.00126 Forney et al., 2015 ...... NL Oahu ...... 743 Baird et al., 2009; Carretta et 0.187 0.187 0.187 0.187 Baird et al., 2009 ...... NL al., 2014. 4 Islands ...... 191 Baird et al., 2009; Carretta et 0.017 0.017 0.017 0.017 Baird et al., 2009 ...... NL al., 2014. Hawaii Island ...... 128 Baird et al., 2009; Carretta et 0.028 0.028 0.028 0.028 Baird et al., 2009 ...... NL al., 2014. Kauai/Niihau ...... 184 Baird et al., 2009; Carretta et 0.065 0.065 0.065 0.065 Baird et al., 2009 ...... NL al., 2014. Cuvier’s beaked whale ...... Hawaii ...... 723 Bradford et al., 2017 ...... 0.0003 0.0003 0.0003 0.0003 Bradford et al., 2017 ...... NL Deraniyagala’s beaked whale NP ...... 22,799 Ferguson and Barlow, 2001; 0.00093 0.00093 0.00093 0.00093 Ferguson and Barlow, 2001; NL 2003. 2003. Dwarf sperm whale ...... Hawaii ...... 17,519 Barlow, 2006 ...... 0.00714 0.00714 0.00714 0.00714 Barlow, 2006...... NL False killer whale ...... Hawaii-Pelagic ..... 1,540 Bradford et al., 2014; 2015.... 0.00086 0.00086 0.00086 0.00086 Forney et al., 2015; Bradford NL et al., 2015. Main Hawaiian Is- 167 Bradford et al., 2018; Carretta 0.0008 0.0008 0.0008 0.0008 Bradford et al., 2015 ...... EN land Insular and et al., 2019. DPS. Fraser’s dolphin ...... Hawaii ...... 51,491 Bradford et al., 2017 ...... 0.02104 0.02104 0.02104 0.02104 Bradford et al., 2017 ...... NL Killer whale ...... Hawaii ...... 146 Bradford et al., 2017 ...... 0.00006 0.00006 0.00006 0.00006 Bradford et al., 2017 ...... NL Longman’s beaked whale ...... Hawaii ...... 7,619 Bradford et al., 2017 ...... 0.00311 0.00311 0.00311 0.00311 Bradford et al., 2017 ...... NL Melon-headed whale ...... Hawaiian Islands .. 8,666 Bradford et al., 2017 ...... 0.0020 0.0020 0.0020 0.0020 Aschettino, 2010...... NL Kohala Resident ... 447 Aschettino, 2010 ...... 0.1000 0.1000 0.1000 0.1000 Aschettino, 2010 ...... NL Pantropical spotted dolphin .... Hawaii Pelagic ..... 55,795 Bradford et al., 2017 ...... 0.00541 0.00541 0.00541 0.00541 Forney et al., 2015 ...... NL Hawaii Island ...... 220 Courbis et al., 2014 ...... 0.061 0.061 0.061 0.061 Oleson et al., 2013 ...... NL Oahu ...... 220 Courbis et al., 2014 ...... 0.072 0.072 0.072 0.072 Oleson et al., 2013 ...... NL 4 Islands ...... 220 Courbis et al., 2014 ...... 0.061 0.061 0.061 0.061 Oleson et al., 2013 ...... NL Pygmy killer whale ...... Hawaii ...... 10,640 Bradford et al., 2017 ...... 0.00435 0.00435 0.00435 0.00435 Bradford et al., 2017 ...... NL Pygmy sperm whale ...... Hawaii ...... 7,138 Barlow, 2006 ...... 0.0029 0.0029 0.0029 0.0029 Barlow, 2006...... NL Risso’s dolphin ...... Hawaii ...... 11,613 Bradford et al., 2017 ...... 0.00474 0.00474 0.00474 0.00474 Bradford et al., 2017 ...... NL Rough toothed dolphin ...... Hawaii ...... 75,528 Bradford et al., 2017 ...... 0.00257 0.00257 0.00257 0.00257 Forney et al., 2015 ...... NL Short-finned pilot whale ...... Hawaii ...... 19,503 Bradford et al., 2017 ...... 0.00549 0.00549 0.00549 0.00549 Forney et al., 2015 ...... NL Sperm whale ...... Hawaii ...... 4,559 Bradford et al., 2017 ...... 0.00131 0.00131 0.00131 0.00131 Forney et al., 2015 ...... EN Spinner dolphin ...... Hawaii Pelagic ..... 3,351 Barlow, 2006 ...... 0.00348 0.00348 0.00348 0.00348 Forney et al., 2015 ...... NL Oahu/4-Islands ..... 601 Carretta et al., 2014 ...... 0.023 0.023 0.023 0.023 Hill et al., 2011 ...... NL Hawaii Island ...... 665 Carretta et al., 2019 ...... 0.066 0.066 0.066 0.066 Tyne et al., 2014 ...... NL Kauai/Niihau ...... 355 Carretta et al., 2014 ...... 0.097 0.097 0.097 0.097 Hill et al., 2011 ...... NL Striped dolphin ...... Hawaii ...... 61,201 Bradford et al., 2017 ...... 0.00475 0.00475 0.00475 0.00475 Forney et al., 2015 ...... NL Hawaiian monk seal ...... Hawaii ...... 1,427 NMFS, 2018 ...... 0.00004 0.00004 0.00004 0.00004 NMFS, 2018, DoN, 2018 ...... EN 1 CNP = central north Pacific; NP = north Pacific. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed.

TABLE 13—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 12, OFFSHORE SRI LANKA

Density (animals/km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Blue whale ...... NIND ...... 3,691 IWC, 2016 ...... 0.00004 0.00004 0.00004 0.00004 Kaschner et al., 2006; DoN, EN 2018. Bryde’s whale ...... NIND ...... 9,176 Wade and Gerrodette, 1993 .. 0.00041 0.00041 0.00041 0.00041 Kaschner et al., 2006; DoN, NL 2018. Common minke whale ...... IND ...... 257,000 IWC, 2016 ...... 0.00001 0.00001 0.00001 0.00001 SMRU Ltd., 2012; DoN, 2018 NL Fin whale ...... IND ...... 1,846 IWC, 2016 ...... 0.00001 0.00001 0.00001 0.00001 DoN, 2018...... EN Omura’s whale ...... NIND ...... 9,176 Wade and Gerrodette, 1993 .. 0.00041 0.00041 0.00041 0.00041 Kaschner et al., 2006; DoN, NL 2018. Sei whale ...... NIND ...... 9,176 Wade and Gerrodette, 1993 .. 0.00041 0.00041 0.00041 0.00041 SMRU Ltd., 2012; DoN, 2018 EN Blainville’s beaked whale ...... IND ...... 16,867 Wade and Gerrodette, 1993 .. 0.00105 0.00105 0.00105 0.00105 SMRU Ltd., 2012; DoN, 2018 NL Common dolphin ...... IND ...... 1,819,982 Wade and Gerrodette, 1993 .. 0.00513 0.00516 0.00541 0.00538 SMRU Ltd., 2012; DoN, 2018 NL Common bottlenose dolphin ... NIND ...... 785,585 Wade and Gerrodette, 1993 .. 0.04839 0.04829 0.04725 0.04740 SMRU Ltd., 2012; DoN, 2018 NL

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TABLE 13—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 12, OFFSHORE SRI LANKA—Continued

Density (animals/km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Cuvier’s beaked whale ...... NIND ...... 27,272 Wade and Gerrodette, 1993 .. 0.00506 0.00508 0.00505 0.00505 SMRU Ltd., 2012; DoN, 2018 NL Deraniyagala’s beaked whale IND ...... 16,867 Wade and Gerrodette, 1993 .. 0.00513 0.00516 0.00541 0.00538 SMRU Ltd., 2012; DoN, 2018 NL Dwarf sperm whale ...... IND ...... 10,541 Wade and Gerrodette, 1993 .. 0.00005 0.00005 0.00005 0.00005 Kaschner et al., 2006; DoN, NL 2018. False killer whale ...... IND ...... 144,188 Wade and Gerrodette, 1993 .. 0.00024 0.00024 0.00024 0.00024 Kaschner et al., 2006; DoN, NL 2018. Fraser’s dolphin ...... IND ...... 151,554 Wade and Gerrodette, 1993 .. 0.00207 0.00207 0.00207 0.00207 Kaschner et al., 2006; DoN, NL 2018. Indo-Pacific bottlenose dolphin IND ...... 7,850 Wade and Gerrodette, 1993 .. 0.00048 0.00048 0.00047 0.00047 SMRU Ltd., 2012; DoN, 2018 NL Killer whale ...... IND ...... 12,593 Wade and Gerrodette, 1993 .. 0.00697 0.00155 0.00693 0.00694 SMRU Ltd., 2012; DoN, 2018 NL Longman’s beaked whale ...... IND ...... 16,867 Wade and Gerrodette, 1993 .. 0.00513 0.00516 0.00541 0.00538 SMRU Ltd., 2012; DoN, 2018 NL Melon-headed whale ...... IND ...... 64,600 Wade and Gerrodette, 1993 .. 0.00921 0.00920 0.00937 0.00936 SMRU Ltd., 2012; DoN, 2018 NL Pantropical spotted dolphin .... IND ...... 736,575 Wade and Gerrodette, 1993 .. 0.00904 0.00904 0.00904 0.00904 Kaschner et al., 2006; DoN, NL 2018. Pygmy killer whale ...... IND ...... 22,029 Wade and Gerrodette, 1993 .. 0.00138 0.00137 0.00152 0.00153 SMRU Ltd., 2012; DoN, 2018 NL Pygmy sperm whale ...... IND ...... 10,541 Wade and Gerrodette, 1993 .. 0.00001 0.00001 0.00001 0.00001 Kaschner et al., 2006; DoN, NL 2018. Risso’s dolphin ...... IND ...... 452,125 Wade and Gerrodette, 1993 .. 0.08641 0.08651 0.08435 0.08466 SMRU Ltd., 2012; DoN, 2018 NL Rough-toothed dolphin ...... IND ...... 156,690 Wade and Gerrodette, 1993 .. 0.00071 0.00071 0.00071 0.00071 Kaschner et al., 2006; DoN, NL 2018. Short-finned pilot whale ...... IND ...... 268,751 Wade and Gerrodette, 1993 .. 0.03219 0.03228 0.03273 0.03279 SMRU Ltd., 2012; DoN, 2018 NL Sperm whale ...... NIND ...... 24,446 Wade and Gerrodette, 1993 .. 0.00129 0.00118 0.00126 0.00121 SMRU Ltd., 2012; DoN, 2018 EN Spinner dolphin ...... IND ...... 634,108 Wade and Gerrodette, 1993 .. 0.00678 0.00678 0.00678 0.00678 Kaschner et al., 2006; DoN, NL 2018. Striped dolphin ...... IND ...... 674,578 Wade and Gerrodette, 1993 .. 0.14601 0.14629 0.14780 0.14788 SMRU Ltd., 2012; DoN, 2018 NL

1 IND = Indian Ocean; NIND = northern Indian Ocean. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed.

TABLE 14—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 13, ANDAMAN SEA

Density (animals/km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Blue whale ...... NIND ...... 3,691 IWC, 2016 ...... 0.00003 0.00003 0.00003 0.00003 Kaschner et al., 2006; DoN, EN 2018. Bryde’s whale ...... NIND ...... 9,176 Wade and Gerrodette, 1993 .. 0.00038 0.000036 0.00037 0.00037 Kaschner et al., 2006; DoN, NL 2018. Common minke whale ...... IND ...... 257,000 IWC, 2016 ...... 0.00001 0.00968 0.00001 SMRU Ltd., 2012; DoN, 2018 NL Fin whale ...... IND ...... 1,846 IWC, 2016 ...... 0.00001 0.00001 ...... 0.00001 SMRU Ltd., 2012; DoN, 2018 EN Omura’s whale ...... NIND ...... 9,176 IWC, 2016 ...... 0.00038 0.00036 0.00037 0.00037 Kaschner et al., 2006; DoN, NL 2018. Blainville’s beaked whale ...... IND ...... 16,867 Wade and Gerrodette, 1993 .. 0.00094 0.00089 0.00094 0.00099 SMRU Ltd., 2012; DoN, 2018 NL Common bottlenose dolphin ... NIND ...... 785,585 Wade and Gerrodette, 1993 .. 0.07578 0.07781 0.07261 0.07212 SMRU Ltd., 2012; DoN, 2018 NL Cuvier’s beaked whale ...... NIND ...... 27,272 Wade and Gerrodette, 1993 .. 0.00466 0.00482 0.00480 0.00473 SMRU Ltd., 2012; DoN, 2018 NL Deraniyagala’s beaked whale IND ...... 16,867 Wade and Gerrodette, 1993 .. 0.00094 0.00092 0.00097 0.00099 SMRU Ltd., 2012; DoN, 2018 NL Dwarf sperm whale ...... IND ...... 10,541 Wade and Gerrodette, 1993 .. 0.00005 0.00006 0.00006 0.00005 Kaschner et al., 2006; DoN, NL 2018. False killer whale ...... IND ...... 144,188 Wade and Gerrodette, 1993 .. 0.00023 0.00023 0.00024 0.00023 Kaschner et al., 2006; DoN, NL 2018. Fraser’s dolphin ...... IND ...... 151,554 Wade and Gerrodette, 1993 .. 0.00176 0.00179 0.00180 0.00180 Kaschner et al., 2006; DoN, NL 2018. Ginkgo-toothed beaked whale IND ...... 16,867 Wade and Gerrodette, 1993 .. 0.00094 0.00092 0.00097 0.00099 SMRU Ltd., 2012; DoN, 2018 NL Indo-Pacific bottlenose dolphin IND ...... 7,850 Wade and Gerrodette, 1993 .. 0.00076 0.00078 0.00073 0.00072 SMRU Ltd., 2012; DoN, 2018 NL Killer whale ...... IND ...... 12,593 Wade and Gerrodette, 1993 .. 0.00744 0.00178 0.00730 0.00734 SMRU Ltd., 2012; DoN, 2018 NL Longman’s beaked whale ...... IND ...... 16,867 Wade and Gerrodette, 1993 .. 0.00444 0.00429 0.00459 0.00440 SMRU Ltd., 2012; DoN, 2018 NL Melon-headed whale ...... IND ...... 64,600 Wade and Gerrodette, 1993 .. 0.00884 0.00884 0.00878 0.00846 SMRU Ltd., 2012; DoN, 2018 NL Pantropical spotted dolphin .... IND ...... 736,575 Wade and Gerrodette, 1993 .. 0.00868 0.00841 0.00829 0.00873 Kaschner et al., 2006; DoN, NL 2018. Pygmy killer whale ...... IND ...... 22,029 Wade and Gerrodette, 1993 .. 0.00121 0.00113 0.00125 0.00131 SMRU Ltd., 2012; DoN, 2018 NL Pygmy sperm whale ...... IND ...... 10,541 Wade and Gerrodette, 1993 .. 0.00001 0.00001 0.00001 0.00001 Kaschner et al., 2006; DoN, NL 2018. Risso’s dolphin ...... IND ...... 452,125 Wade and Gerrodette, 1993 .. 0.09197 0.09215 0.09173 0.09366 SMRU Ltd., 2012; DoN, 2018 NL Rough-toothed dolphin ...... IND ...... 156,690 Wade and Gerrodette, 1993 .. 0.00077 0.00078 0.00077 0.00074 Kaschner et al., 2006; DoN, NL 2018. Short-finned pilot whale ...... IND ...... 268,751 Wade and Gerrodette, 1993 .. 0.03354 0.03364 0.03543 0.03504 SMRU Ltd., 2012; DoN, 2018 NL Sperm whale ...... NIND ...... 24,446 Wade and Gerrodette, 1993 .. 0.00109 0.00099 0.00107 0.00105 SMRU Ltd., 2012; DoN, 2018 EN Spinner dolphin ...... IND ...... 634,108 Wade and Gerrodette, 1993 .. 0.00736 0.00711 0.00701 0.00726 Kaschner et al., 2006; DoN, NL 2018. Striped dolphin ...... IND ...... 674,578 Wade and Gerrodette, 1993 .. 0.14413 0.14174 0.14123 0.14402 SMRU Ltd., 2012; DoN, 2018 NL

1 IND = Indian Ocean; NIND = northern Indian Ocean. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed.

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TABLE 15—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 14, NORTHWESTERN AUSTRALIA

Density (animals/km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Antarctic minke whale ...... ANT ...... 90,000 Bannister et al., 1996 ...... 0.00001 0.00001 0.00001 Unavail...... NL Blue whale/Pygmy blue whale SIND ...... 1,657 Jenner et al., 2008; McCauley ...... 0.00003 0.00003 0.00003 Kaschner et al., 2006; DoN, EN and Jenner, 2010. 2018. Bryde’s whale ...... SIND ...... 13,854 IWC, 1981 ...... 0.00032 0.00032 0.00032 0.00032 Kaschner et al., 2006; DoN, NL 2018. Common minke whale ...... IND ...... 257,500 IWC, 2016 ...... 0.01227 0.01929 0.01947 SMRU Ltd., 2012; DoN, 2018 NL Fin whale ...... SIND ...... 38,185 Branch and Butterworth, 0.00001 0.00099 0.00128 0.00121 SMRU Ltd., 2012; DoN, 2018 EN 2001; Mori and Butterworth, 2006. Humpback whale ...... Western Australia 13,640 Bannister and Hedley, 2001 ...... 0.00007 0.00007 0.00007 Kaschner et al., 2006; DoN, NL stock and DPS. 2018. Omura’s whale ...... SIND ...... 13,854 IWC, 1981 ...... 0.00032 0.00032 0.00032 0.00032 Kaschner et al., 2006; DoN, NL 2018. Sei whale ...... SIND ...... 13,854 IWC, 1981 ...... 0.00001 0.00001 0.00001 0.00001 Unavail...... EN Blainville’s beaked whale ...... IND ...... 16,867 Wade and Gerrodette, 1993 .. 0.00083 0.00083 0.00082 0.00083 SMRU Ltd., 2012; DoN, 2018 NL Common bottlenose dolphin ... WAU ...... 3,000 Preen et al., 1997 ...... 0.03630 0.03652 0.03459 0.03725 SMRU Ltd., 2012; DoN, 2018 NL Cuvier’s beaked whale ...... SH ...... 76,500 Dalebout et al., 2005 ...... 0.00399 0.00406 0.00402 0.00405 SMRU Ltd., 2012; DoN, 2018 NL Dwarf sperm whale ...... IND ...... 10,541 Wade and Gerrodette, 1993 .. 0.00004 0.00004 0.00004 0.00004 Kaschner et al., 2006; DoN, NL 2018. False killer whale ...... IND ...... 144,188 Wade and Gerrodette, 1993 .. 0.00020 0.00020 0.00019 0.00020 Kaschner et al., 2006; DoN, NL 2018. Fraser’s dolphin ...... IND ...... 151,554 Wade and Gerrodette, 1993 .. 0.00145 0.00148 0.00149 0.00147 Kaschner et al., 2006; DoN, NL 2018. Killer whale ...... IND ...... 12,593 Wade and Gerrodette, 1993 .. 0.00585 0.00435 0.00588 0.00580 SMRU Ltd., 2012; DoN, 2018 NL Longman’s beaked whale ...... IND ...... 16,867 Wade and Gerrodette, 1993 .. 0.00393 0.00393 0.00403 0.00412 SMRU Ltd., 2012; DoN, 2018 NL Melon-headed whale ...... IND ...... 64,600 Wade and Gerrodette, 1993 .. 0.00717 0.00717 0.00635 0.00637 SMRU Ltd., 2012; DoN, 2018 NL Pantropical spotted dolphin .... IND ...... 736,575 Wade and Gerrodette, 1993 .. 0.00727 0.00727 0.00715 0.00746 Kaschner et al., 2006; DoN, NL 2018. Pygmy killer whale ...... IND ...... 22,029 Wade and Gerrodette, 1993 .. 0.00100 0.00104 0.00101 0.00097 SMRU Ltd., 2012; DoN, 2018 NL Risso’s dolphin ...... IND ...... 452,125 Wade and Gerrodette, 1993 .. 0.07152 0.07214 0.06944 0.07173 SMRU Ltd., 2012; DoN, 2018 NL Rough-toothed dolphin ...... IND ...... 156,690 Wade and Gerrodette, 1993 .. 0.00059 0.00060 0.00059 0.00059 Kaschner et al., 2006; DoN, NL 2018. Short-finned pilot whale ...... IND ...... 268,751 Wade and Gerrodette, 1993 .. 0.02698 0.02759 0.02689 0.02716 SMRU Ltd., 2012; DoN, 2018 NL Southern bottlenose whale ..... IND ...... 599,300 Wade and Gerrodette, 1993 .. 0.00083 0.00083 0.00082 0.00083 SMRU Ltd., 2012; DoN, 2018 NL Spade-toothed beaked whale IND ...... 16,867 Wade and Gerrodette, 1993 .. 0.00083 0.00083 0.00082 0.00083 SMRU Ltd., 2012; DoN, 2018 NL Sperm whale ...... SIND ...... 24,446 Wade and Gerrodette, 1993 .. 0.00096 0.00087 0.00097 0.00092 SMRU Ltd., 2012; DoN, 2018 EN Spinner dolphin ...... IND ...... 634,108 Wade and Gerrodette, 1993 .. 0.00561 0.00549 0.00568 0.00563 Kaschner et al., 2006; DoN, NL 2018. Striped dolphin ...... IND ...... 674,578 Wade and Gerrodette, 1993 .. 0.12018 0.12041 0.11680 0.11727 SMRU Ltd., 2012; DoN, 2018 NL 1 ANT = Antarctic; SIND = southern Indian Ocean; IND = Indian Ocean; SH = Southern Hemisphere; WAU = Western Australia. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence. 3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed.

TABLE 16—ABUNDANCE AND DENSITY ESTIMATES FOR THE MARINE MAMMAL SPECIES, SPECIES GROUPS, AND STOCKS ASSOCIATED WITH MODEL AREA 15, NORTHEAST OF JAPAN

Density (animals/km2) ESA Species Stock name 1 Abundance Abundance source reference Density source reference 2 status 3 Winter Spring Summer Fall

Blue whale ...... WNP ...... 9,250 Tillman, 1977 ...... 0.00001 0.00001 ...... 0.00001 Tillman, 1997; Ferguson and EN Barlow 2001; 2003; LGL, 2008. Common minke whale ...... WNP ‘‘OE’’ ...... 25,049 Buckland et al., 1992 ...... 0.0022 0.0022 0.0022 0.0022 Buckland et al., 1992 ...... NL Fin whale ...... WNP ...... 9,250 Tillman, 1977 ...... 0.0002 0.0002 0.0002 Tillman, 1977...... EN Humpback whale ...... WNP and DPS ..... 1,328 Bettridge et al., 2015 ...... 0.000498 0.000498 0.000498 Kaschner et al., 2006 in DoN, EN 2018. North Pacific right whale ...... WNP ...... 922 Best et al., 2001 ...... 0.00001 0.00001 Unavail...... EN Sei whale ...... NP ...... 7,000 Mizroch et al., 2015 ...... 0.00029 0.00029 ...... Fulling et al., 2011 ...... EN Western North Pacific gray Western and DPS 290 Caretta et al., 2019 ...... 0.00001 0.00001 Unavail...... EN whale. Baird’s beaked whale ...... WNP ...... 5,688 Miyashita 1986 and 1990, ...... 0.0015 0.0029 0.0029 Kasuya, 1986...... NL Kasuya and Perrin, 2017. Common dolphin ...... WNP ...... 3,286,163 Ferguson and Barlow, 2001; 0.0863 0.0863 0.0863 0.0863 Ferguson and Barlow, 2001; NL 2003. 2003. Cuvier’s beaked whale ...... WNP ...... 90,725 Ferguson and Barlow, 2001; 0.0054 0.0054 0.0054 0.0054 Ferguson and Barlow, 2001; NL 2003. 2003. Dall’s porpoise ...... WNP dalli ...... 162,000 Miyashita, 1991; Kasuya and 0.0390 0.0520 0.0650 0.0520 Ferguson and Barlow, 2001; NL Perrin, 2017. 2003. Killer whale ...... WNP ...... 12,256 Ferguson and Barlow, 2001; 0.0036 0.0036 0.0036 0.0036 Springer et al., 2003 ...... NL 2003. Pacific white-sided dolphin ..... NP ...... 931,000 Buckland et al., 1993 ...... 0.0048 0.0048 0.0048 0.0048 Ferguson and Barlow, 2001; NL 2003. Sperm whale ...... NP ...... 102,112 Kato and Miyashita, 1998 ...... 0.0017 0.0022 0.0022 0.0022 LGL, 2011...... EN Stejneger’s beaked whale ...... WNP ...... 8,000 Kasuya, 1986 ...... 0.0005 0.0005 0.0005 0.0005 Ferguson and Barlow, 2001; NL 2003. Northern fur seal ...... Western Pacific .... 503,609 Kuzin 2015; Gelatt et al., 0.00689 0.01378 0.01378 0.01378 Buckland et al., 1993 ...... NL 2015. Ribbon seal ...... NP ...... 365,000 Lowry, 2016 ...... 0.0904 0.0904 0.0452 0.0452 Moreland et al., 2012 ...... NL Spotted seal ...... Alaska/Bering Sea 461,625 Conn et al., 2014; Muto et al., ...... 0.2770 0.1385 ...... Moreland et al., 2012 ...... NL DPS. 2019. Steller sea lion ...... West-Asian and 77,767 Muto et al., 2019 ...... 0.00001 0.00001 0.00001 0.00001 Unavail...... EN Western DPS. 1 IND = Indian Ocean; NP = northern Pacific; WNP = western north Pacific; OE = Offshore Japan. 2 Unavail = No density estimates are available for this rare species/stock, therefore, the minimum density estimate of 0.00001 animals/km2 was used in the take analysis to reflect the low probability of occurrence.

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3 ESA Status: EN = Endangered; T = Threatened; NL = Not Listed.

Stock abundance and density Although not repeated in this noise exposure criteria to predict onset estimates are derived from the best document, NMFS has reviewed these of auditory effects in marine mammals available source documentation and data, determined them to be the best (i.e., PTS and TTS onset). Southall et al. species or stock-specific information on available scientific information for this (2019a) note that the quantitative the marine mammals that could occur in rulemaking, and considers this processes described and the resulting that area. The Navy developed the information part of the administrative exposure criteria (i.e., thresholds and abundance and density estimates by record for this action. Additional auditory weighting functions) are first using estimates from line-transect information is available in NMFS’ largely identical to those in Finneran surveys that occurred in or near each of Marine Mammal Stock Assessment (2016) and NMFS (2016 and 2018). the 15 model sites (e.g., Bradford et al., Reports, which may be viewed at However, they differ in that the Southall 2017) and NMFS’ SARs. When density https://www.fisheries.noaa.gov/ et al. (2019a) exposure criteria are more estimates were not available from a national/marine-mammal-protection/ broadly applicable as they include all survey in the model area, the Navy marine-mammal-stock-assessments. marine mammal species (rather than extrapolated density estimates from a There are no active Unusual Mortality those only under NMFS jurisdiction) for region with similar oceanographic Events in the SURTASS LFA sonar all noise exposures (both in air and characteristics to that model area. For Study Area. underwater for amphibious species), and while the hearing group example, the eastern tropical Pacific has Potential Effects of the Specified been extensively surveyed and provides compositions are identical, Southall et Activity on Marine Mammals and Their al. (2019a) renamed the hearing groups. a comprehensive understanding of Habitat marine mammals in temperate oceanic Recent studies on the behavioral waters (Ferguson and Barlow, 2001, NMFS provided a brief primer on the responses of cetaceans to mid-frequency 2003). Density estimates for some model subjects of underwater sound, the sonar examine and continue to areas were also derived from the Navy’s metrics used in the analysis of the demonstrate the importance of not only Marine Species Density Database (DoN, effects of underwater sound on marine sound source parameters, but exposure 2018). In addition, density estimates are mammals, and marine mammal hearing context (e.g., behavioral state, presence of other animals and social usually not available for rare marine sensitivities and vocalizations in the relationships, prey abundance, distance mammal species or for those that have Brief Background on Sound, Marine to source, presence of vessels, been newly defined (e.g., the Mammal Hearing, and Vocalization environmental parameters, etc.) in Deraniyagala’s beaked whale). For these section of the proposed rule (84 FR determining or predicting a behavioral species, the lowest density estimate of 7186; March 1, 2019). Additionally, response. Wensveen et al. (2019) 0.0001 animals/square kilometer (0.0001 NMFS provided a summary and examined the role of sound source animals/km2) was used in the take discussion of the potential effects of the (simulated sonar pulses) distance and analysis to reflect the low probability of specified activities (e.g., use of acoustic received level in northern bottlenose occurrence in a specific SURTASS LFA sources) on marine mammals and their whales in an environment without sonar model area. Further, the Navy habitat in the proposed rule (84 FR 7186; March 1, 2019). In the Potential frequent sonar activity using multi- pooled density estimates for species of Effects of Specified Activities on Marine scaled controlled exposure experiments. the same genus if sufficient data were Mammals and Their Habitat section of They observed behavioral avoidance of not available to compute a density for the proposed rule, NMFS provided a the sound source over a wide range of individual species or the species are description of the potential effects of distances (0.8–28 km) and estimated difficult to distinguish at sea, which is SURTASS LFA sonar training and avoidance thresholds ranging from often the case for beaked whales (e.g., testing activities on marine mammals, received SPLs of 117–126 dB re: 1 mPa. Mesoplodon spp.), as well as the pygmy including a discussion of serious injury The behavioral response characteristics and dwarf sperm whales (Kogia spp.). or mortality, physical trauma, sensory and avoidance thresholds were Density estimates are available for impairment (permanent and temporary comparable to those previously species groups rather than the threshold shift and acoustic masking), observed in beaked whale studies; individual species for Kogia spp. in physiological responses (particular however, Wensveen et al. (2019) did not model areas 1, 2, 3, 5, 6, and 7 and for stress responses), behavioral observe an effect of distance on Mesoplodon spp. in model area 8, and disturbance, or habitat effects, as well as behavioral response and found that the best available data (Ferguson and the results from previous SURTASS onset and intensity of behavioral Barlow, 2001 and 2003) are reported as LFA sonar activities monitoring. response were better predicted by pooled data. Therefore, we do not reprint this received SPL. When conducting The Navy provides detailed information here but refer the reader to controlled exposure experiments on descriptions of the distribution, that document, however, we provide an blue whales, Southall et al. (2019b) abundance, diving behavior, life history, overview of relevant new scientific observed that after exposure to and hearing vocalization information for studies below. None of the newer simulated and operational mid- each affected marine mammal species information highlighted here affects our frequency active sonar, more than 50 with confirmed or possible occurrence analysis in a manner that changes our percent of blue whales in deep-diving within SURTASS LFA sonar study areas determinations under the MMPA from states responded to the sonar, while no in section 4 (pages 4–1 through 4–44) of the proposed rule. behavioral response was observed in the application (available online at shallow-feeding blue whales. The https://www.fisheries.noaa.gov/ New Pertinent Science Since behavioral responses they observed national/marine-mammal-protection/ Publication of the Proposed Rule were generally brief, of low to moderate incidental-take-authorizations-military- Southall et al. (2019a) evaluated severity, and highly dependent on readiness-activities) and Chapter 3 of Southall et al. (2007) and used updated exposure context (behavioral state, the 2019 SURTASS LFA FSEIS/SOEIS. scientific information to propose revised source-to-whale horizontal range, and

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prey availability). Blue whale response by behavioral disruption or incur some exposure of modeled animals exposed did not follow a simple exposure- degree of temporary or permanent to multiple pings over an extended response model based on received hearing impairment; (2) the area or period of time. NMFS concurs that this sound exposure level. In a review of the volume of water that will be ensonified model is appropriate and utilizes the potential impacts of sonar on beaked above these levels in a day or event; (3) best available science, and adopted the whales, Bernaldo de Quiro´s et al. (2019) the density or occurrence of marine model for use in the analysis to support suggested that the effect of mid- mammals within these ensonified areas; these regulations. The Navy’s acoustic frequency active sonar on beaked and (4) the number of days of activities model analyzes the following whales varies among individuals or or events. Below, we describe these components: (1) The LFA sonar source populations, and that predisposing components in more detail, as well as modeled as a point source, with an conditions such as previous exposure to the model the Navy used to incorporate effective source level (SL) of sonar and individual health risk factors these components to predict impacts, approximately 235 dB re: 1 mPa at 1 m may contribute to individual outcomes and present the take estimates. (SPL) (note: This was incorrectly stated (such as decompression sickness). as 240 dB in the proposed rule); (2) a 60 Density Estimates second duration signal; and (3) a beam Estimated Take of Marine Mammals To derive density estimates, direct pattern that is correct for the number This section indicates the numbers of estimates from line-transect surveys that and spacing of the individual projectors takes that NMFS is authorizing in its occurred in or near each of the 15 (source elements). This source model, LOA, which are based on the maximum modeled areas (described in the when combined with the three- number of instances in which marine Description of Marine Mammals in the dimensional transmission loss (TL) field mammals could be reasonably expected Area of the Specified Activities section generated by the Parabolic Equation (PE) to be taken, as described in detail below. above) were utilized first (e.g., Bradford acoustic propagation model, defines the NMFS coordinated closely with the et al., 2017). When density estimates received level (RL) (in SPL) sound field Navy in the development of its were not available from a survey in the surrounding the source for a 60-second incidental take application, and agrees Study Area, density estimates from a LFA sonar signal (i.e., the SPE metric that the methods the Navy has put forth region with similar oceanographic accounts for received level and described herein to estimate take characteristics were extrapolated to the exposure from multiple pings). To (including the model, thresholds, and operational area. Densities for some estimate the total exposure of animals density estimates), and the resulting model areas were also derived from the exposed to multiple pings, the Navy numbers estimated for authorization, are Navy’s Marine Species Density Database models the RLs for each modeled appropriate and based on the best (DoN, 2018a). Last, density estimates are location and any computer-simulated available science. usually not available for rare marine marine mammals (animats) within the Level B harassment is the only means mammal species or for those that have location, records the exposure history of of take expected to result from these been newly defined (e.g., Deraniyagala’s each animat, and generates a SPE value. activities. For military readiness beaked whale). For such species, a low Thus, the Navy can model the activities, the MMPA defines density estimate of 0.0001 animals per SURTASS LFA sound field, providing a ‘‘harassment’’ as: (i) Any act that injures square kilometer (animals/km2) was four-dimensional (position and time) or has the significant potential to injure used in the risk analysis to reflect the representation of a sound pressure field a marine mammal or marine mammal low probability of occurrence in a within the marine environment and stock in the wild (Level A Harassment); specific model area. Further, density estimates of an animal’s exposure to or (ii) any act that disturbs or is likely estimates are sometimes pooled for sound over a period of 24 hours (hrs). to disturb a marine mammal or marine species of the same genus if sufficient The Navy uses a behavioral response mammal stock in the wild by causing data are not available to compute a function to estimate the number of disruption of natural behavior patterns, density for individual species or the behavioral responses that would qualify including but not limited to, migration, species are difficult to distinguish at as behavioral Level B harassment under surfacing, nursing, breeding, feeding, or sea. This is often the case for beaked the MMPA. NMFS determined that this sheltering, to a point where such whales (Mesoplodon spp) as well as the threshold is appropriate for SURTASS behavioral patterns are abandoned or pygmy and dwarf sperm whales (Kogia LFA sonar and utilizes the best available significantly altered (Level B spp), which is why densities were science and adopted this function for Harassment). As described in the pooled for these species in certain use in the analysis for these regulations. Potential Effects of the Specified model areas. Density estimates are The behavioral response function is Activity on Marine Mammals and their available for these species groups rather described fully in Chapter 4 and Habitat section of the proposed rule (84 than the individual species in model Appendix B of the 2019 SURTASS LFA FR 7186, March 1, 2019), based on the areas 1, 2, 3, 5, 6, and 7 for Kogia spp, FSEIS/SOEIS. specified activities operational and in model area 8 for Mesoplodon A wide range of behavioral reactions parameters and mitigation, only Level B spp. Density information is provided in may qualify as Level B harassment Harassment is expected to occur and Tables 2 through 16 above, and is also under the MMPA, including but not therefore authorized. Based on the available in the Navy’s application limited to avoidance of the sound nature of the activities and the (Table 3–2, Pages 3–6 through 3–25) and source, temporary changes in anticipated effectiveness of the Chapter 3 and Appendix D of the 2019 vocalizations or dive patterns, mitigation measures, take by Level A SURTASS LFA FSEIS/SOEIS. temporary avoidance of an area, or Harassment, serious injury, or mortality temporary disruption of feeding, is neither anticipated nor authorized. SURTASS LFA Sonar Behavioral migrating, or reproductive behaviors. Generally speaking, for acoustic Response Function The estimates calculated using the impacts we estimate the amount and To model potential behavioral behavioral response function do not type of harassment by considering: (1) impacts to marine animals from differentiate between the different types Acoustic thresholds above which NMFS exposure to SURTASS LFA sonar of potential behavioral reactions, nor do believes the best available science sound, the Navy has developed a the estimates provide information indicates marine mammals will be taken methodology to estimate the total regarding the potential fitness or other

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biological consequences of the reactions testing activities. Modeling was in each model area for each activity is on the affected individuals. conducted for one 24-hour period in determined. The third step is to The definition of Level B harassment each of the four seasons in each model determine the number of model areas in for military readiness activities area. To predict acoustic exposure, the which each stock may occur for each contemplates the disruption of LFA sonar ship was simulated traveling activity, and the fourth step is to select behavioral patterns to the point where in a triangular pattern at a speed of 4 kt the maximum per-hour impact for each they are abandoned or significantly (7.4 kilometers per hour (kph), for eight stock that may occur in the model areas altered. It is difficult to predict with hours in each leg of the triangle. The for that activity. The final step is to certainty, given existing data, when duration of the LFA sonar transmission multiply the results of steps two, three, exposures that are generally expected was modeled as 24 hrs, with a signal and four to calculate the potential are likely to result in significantly duration of 60 seconds and a duty cycle annual impacts per activity, which are altered or abandoned behavioral of 10 percent (i.e., the source then summed across the stocks for a patterns. Therefore, the Navy’s take transmitted for 60 seconds every 10 total potential impact for all individual estimates capture a wider range of minutes (min) for 24 hrs, which equates activities. The number of individual impacts, including less significant to 2.4 active transmission hours and is marine mammals that may be taken over responses. Moreover, NMFS does not representative of average actual the seven-year period of the proposed assume that each instance of Level B transmission times based on the past 17 SURTASS LFA sonar training and harassment modeled by the Navy will years of SURTASS LFA sonar activities). testing activities was estimated by have, or is likely to have, an adverse The acoustic field around the LFA multiplying the maximum number of impact on an individual’s fitness. sonar source was predicted by the Navy instances of exposure for each species/ Rather, NMFS considers the available standard parabolic equation propagation stock calculated annually for each of the scientific evidence to determine the model using the defined LFA sonar two transmission scenarios (496 likely nature of the modeled behavioral operating parameters. Each marine transmission hours in years 1–4 and 592 responses and the potential fitness mammal species potentially occurring transmission hours in years 5–7), and consequences for affected individuals in in a model area in each season was then adding these to calculate a total its negligible impact evaluation. simulated by creating animats estimate. For example, for the WNP blue Accordingly, we consider application of (simulated animals) programmed with whale, four years of 496 transmission this Level B harassment threshold as behavioral values describing their dive hours (for years 1–4) resulted in 90 identifying the maximum number of and movement patterns. AIM then Level B harassment takes/year and three instances in which marine mammals integrates the acoustic field created from years of 592 transmission hours (for could be reasonably expected to the underwater transmission of LFA years 5–7) resulted in 123 Level B experience a disruption in behavior sonar with the three-dimensional (3D) harassment takes/year. Multiplying 90 patterns to a point where they are movement of marine mammals to takes/year by 4 years equals 360 Level abandoned or significantly altered (i.e., estimate their potential for sonar B harassment takes for the 496 Level B harassment). Because this is the exposure at each 30-second timestep transmission hour scenario, and most appropriate method for estimating within the 24-hr modeling period. Thus, multiplying 123 takes/year by 3 years Level B harassment given the best the output of AIM is the time history of equals 369 Level B harassment takes for available science and uncertainty on the exposure for each animat. the 592 transmission hour scenario. The The Navy assesses the potential topic, it is these numbers of Level B final step is adding the totals for the two harassment by behavioral disturbance impacts on marine mammals by transmission scenarios to arrive at a that are analyzed in the Negligible predicting the sound field that a given total (360 + 369 = 729 Level B Impact Analysis and Determination marine mammal species/stock could be harassment takes over the 7-year period section and authorized. exposed to over time in a potential model area. This is a multi-part process for WNP blue whales). For additional Estimates of Potential Marine Mammal involving: (1) The ability to measure or detail on modeling and take estimation, Exposure estimate an animal’s location in space please refer to Chapter 6.6 (Quantitative The Navy’s acoustic impact analysis and time; (2) the ability to measure or Impact Analysis for Marine Mammals) for marine mammals, which NMFS has estimate the three-dimensional sound of the Navy’s application and Appendix adopted for the purposes of these field at these times and locations; (3) the B of the 2019 SURTASS LFA FSEIS/ regulations, represents an evolution that integration of these two data sets into SOEIS. builds upon the analysis and the acoustic impact model to estimate With the implementation of the three- methodology documented in previous the total acoustic exposure for each part monitoring programs (visual, SURTASS LFA sonar NEPA efforts animal in the modeled population; and passive acoustic, and HF/M3 (DoN, 2001; 2007; 2012; and 2017), and (4) the conversion of the resultant monitoring, as discussed below), NMFS includes updates of the most current cumulative exposures for a modeled and the Navy do not expect that marine acoustic thresholds and methodology to population into an estimate of the risk mammals would be injured by assess auditory impacts (NMFS, 2018). of a potential injury (i.e., Level A SURTASS LFA sonar because a marine A detailed discussion of the acoustic harassment (permanent threshold shift mammal is likely to be detected and impact analysis is provided in (PTS)), temporary threshold shift (TTS), active transmissions suspended or Appendix B of the 2019 SURTASS LFA or disruption of natural behavioral delayed to avoid injurious exposure. FSEIS/SOEIS, but is summarized here. patterns (i.e., a take estimate for Level B The probability of detection of a marine Using the Acoustic Integration Model harassment). mammal of any size by the HF/M3 (AIM), the Navy modeled 15 To estimate the potential impacts for system within the LFA sonar mitigation representative model areas in the central each marine mammal stock on an zone approaches 100 percent over the and western North Pacific and eastern annual basis, several calculation steps course of multiple pings (see the 2001 Indian Oceans, representing the acoustic are required. First, the potential impact SURTASS LFA FOEIS/EIS, Subchapters regimes and marine mammal species for one LFA sonar transmission hour is 2.3.2.2 and 4.2.7.1 for the HF/M3 sonar that may be encountered during calculated. Second, the number of LFA testing results as well as section 5.4.3 of SURTASS LFA sonar training and sonar transmission hours that may occur the 2019 SURTASS LFA FSEIS/SOEIS

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for a summary of the effectiveness of the stocks over the course of the seven-year likely taken at least once in a year. HF/M3 system). Quantitatively, regulations. However, because of the nature of the modeling output shows zero takes by The distances to the TTS thresholds SURTASS LFA activities (small number Level A harassment for all marine are less than 50 ft (15 m) for mid- of continuously moving vessels spread mammal stocks in all representative frequency (MF) and high-frequency (HF) over a very large area), there are likely mission areas with mitigation applied. cetaceans and otariids; 216 ft (66 m) for fewer repeated takes of the same All hearing groups of marine mammals phocids; and 1,354 ft (413 m) for low- individuals than would be expected except LF cetaceans would need to be frequency (LF) cetaceans if an animal from other more localized or stationary within 22 ft (7 m) of the LFA sonar were to remain at those distances for an activities. source for an entire LFA transmission entire LFA sonar signal (60 sec). While More detailed information for each of (60 seconds), and a LF cetacean would it is likely that mitigation measures the steps to quantify take estimates, as need to be within 135 ft (41 m) for an would also avoid TTS, some small well as an illustrative example, are entire LFA transmission to potentially subset of the animals may also provided in section 6.6 of the Navy’s experience PTS. This is unlikely to experience TTS if exposed for longer application (Quantitative Impact occur, especially given the mitigation periods of time at greater distances; Analysis for Marine Mammals). A more measures in place and the Navy’s however, any of the TTS impacts would thorough description of the impact proven effectiveness at detecting marine be expected to be captured within the analysis is also provided in the 2019 mammals well outside of this range so estimate of Level B harassment takes by SURTASS LFA FEIS/SOEIS, specifically behavioral disruption and separate section 4.5.2.1.3, Marine Mammals that shut down measures would be enumeration is not necessary or (Quantitative Impact Analysis for implemented well before marine appropriate. Any TTS incurred would Marine Mammals subsection) and mammals would be within these ranges. likely be of a low level and of short Appendix B (Marine Mammal Impact Again, NMFS notes that over the course duration because we do not expect Analysis). NMFS has reviewed this of the previous three rulemakings from animals to be exposed for long durations information and has accepted the Navy 2002 to 2017, and during the Navy’s close to the source. modeling procedure and results. The training and testing activities during the Of note, the estimated number of total maximum potential impact on an NDE from 2017 to the present, there Level B harassment takes does not annual basis for years 1–4 and years 5– have been no reported or known necessarily equate to the number of 7 as well as the total overall takes for the incidents of Level A harassment of any individual animals the Navy expects to seven-year period covered by this marine mammal. This is because it harass (which is lower), but rather to the rulemaking are presented in Table 17 would be highly unlikely that a marine instances of take (i.e., exposures above below. These are considered mammal would remain close enough to the Level B harassment threshold) that conservative estimates because they are the vessel to experience Level A are anticipated to occur over the seven- based on the maximum potential impact harassment (see discussion in Threshold year period. Some individuals may to a species or stock across all model Shift subsection of the Potential Effects experience multiple instances of take areas in which an activity may occur. of the Specified Activity on Marine (meaning over multiple days) over the Therefore, if an activity occurs in a Mammals and their Habitat section of course of the year, while some members different model area than the area where the proposed rulemaking 84 FR 7186, of a species or stock may not experience the maximum potential impact was 7205–7206; March 1, 2019), in take at all, which means that the predicted, the actual potential impact combination with the Navy’s highly number of individuals taken is likely may be less than estimated. However, effective detection of marine mammals somewhat smaller than the total since the Navy cannot forecast where a and shutting down SURTASS LFA estimated takes. Generally speaking, the specific activity may be conducted this sonar prior to the animals entering the higher the number of takes as compared far in advance, this maximum estimate Level A harassment zone. Therefore, to the population abundance, the more provides the Navy with the flexibility to NMFS does not anticipate and does not repeated takes of individuals are likely, conduct its training and testing authorize any Level A harassment takes and the higher the actual percentage of activities across all modeled areas for any marine mammal species or individuals in the population that are identified for each activity.

TABLE 17—MAXIMUM TOTAL ANNUAL MMPA LEVEL B HARASSMENT PROPOSED FOR AUTHORIZATION FOR YEARS 1–4 AND 5–7, AND TOTAL FOR THE SEVEN-YEAR PERIOD OF THE FINAL RULE BY SURTASS LFA SONAR

Maximum annual Level B Maximum annual Level B harassment, years 1–4 harassment, years 5–7 Total overall 1 Level B Species Stock Percen Percent harassment for Instances species or Instances species or 7-year period stock stock

Antarctic minke whale ...... ANT ...... 0 0.00 0 0.00 0 Blue whale...... CNP ...... 3 2.39 4 2.85 24 NIND ...... 0 0.00 1 0.00 3 WNP ...... 90 0.90 123 1.14 729 SIND ...... 1 0 .07 1 0.07 7 Bryde’s whale ...... ECS ...... 14 10.28 19 14.13 113 Hawaii ...... 5 0.62 6 0.74 38 WNP ...... 378 1.94 437 2.26 2,823 NIND ...... 8 0.07 10 0.10 62 SIND ...... 7 0.05 9 0.07 55 Common minke whale ...... Hawaii ...... 572 2.30 682 2.74 4,334 IND ...... 1,271 0.43 1,748 0.59 10,328 WNP JW ...... 3 0.12 5 0.17 27

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TABLE 17—MAXIMUM TOTAL ANNUAL MMPA LEVEL B HARASSMENT PROPOSED FOR AUTHORIZATION FOR YEARS 1–4 AND 5–7, AND TOTAL FOR THE SEVEN-YEAR PERIOD OF THE FINAL RULE BY SURTASS LFA SONAR—Continued

Maximum annual Level B Maximum annual Level B harassment, years 1–4 harassment, years 5–7 Total overall 1 Level B Species Stock Percen Percent harassment for Instances species or Instances species or 7-year period stock stock

WNP OE...... 2,127 8.59 2,404 9.71 15,720 YS ...... 189 4.20 250 5.57 1,506 Fin whale ...... ECS ...... 9 1.80 12 2.47 72 Hawaii ...... 3 2.30 4 2.74 24 IND ...... 0 0.00 0 0.00 0 SIND ...... 22 0.05 30 0.07 178 WNP ...... 2,558 27.55 3,455 37.23 20,597 Humpback whale ...... CNP stock and Hawaii DPS 487 4.85 611 6.10 3,781 WAU stock and DPS ...... 1 0.00 1 0.00 7 WNP stock and DPS ...... 3,103 233.84 4,266 321.49 25,210 North Pacific right whale ..... WNP ...... 89 9.57 122 13.15 722 Omura’s whale...... NIND ...... 8 0.07 10 0.10 62 SIND ...... 5 0.04 7 0.05 41 WNP ...... 14 0.81 16 0.95 104 Sei whale ...... Hawaii ...... 19 4.78 22 5.70 142 SIND ...... 0 0.00 0 0.00 0 NP ...... 3,172 45.37 4,361 62.37 25,771 NIND ...... 4 0.04 5 0.05 31 Western North Pacific gray WNP stock and Western 0 0.00 1 0.20 3 whale. DPS. Baird’s beaked whale...... WNP ...... 2,747 48.26 3,777 66.36 22,319 Blainville’s beaked whale .... Hawaii ...... 35 1.83 47 2.40 281 WNP ...... 269 3.30 311 3.82 2,009 IND ...... 47 0.27 65 0.37 383 Common bottlenose dolphin 4-Islands ...... 5 2.48 6 2.96 38 Hawaii Island...... 0 0.00 0 0.00 0 Hawaii Pelagic ...... 95 0.41 114 0.49 722 IA ...... 104 0.11 140 0.15 836 IND ...... 1,128 0.14 1,551 0.20 9,165 Japanese Coastal...... 1,686 47.94 1,789 50.86 12,111 Kauai/Niihau ...... 13 7.16 16 8.55 100 Oahu ...... 38 5.17 46 6.17 290 WNP Northern Offshore ..... 581 0.57 799 0.78 4,721 WNP Southern Offshore .... 2,726 6.63 3,063 7.45 20,093 WAU ...... 635 21.16 873 29.09 5,159 Common dolphin ...... IND ...... 52 0.00 72 0.00 424 WNP ...... 203,871 12.24 275,079 16.08 1,640,721 Cuvier’s beaked whale ...... Hawaii ...... 22 3.03 26 3.62 166 IND ...... 231 0.85 317 1.17 1,875 SH ...... 77 0.11 106 0.15 626 WNP ...... 6,946 7.78 8,980 10.04 54,724 Dall’s porpoise ...... SOJ dalli type ...... 614 0.36 845 0.49 4,991 WNP dalli ecotype ...... 22,056 13.62 30,327 18.72 179,205 WNP truei ecotype ...... 487 0.28 670 0.39 3,958 Deraniyagala’s beaked IND ...... 158 0.92 217 1.27 1,283 whale. NP ...... 342 1.41 412 1.69 2,620 Dwarf sperm whale ...... Hawaii ...... 655 3.72 782 4.44 4,966 IND ...... 3 0.05 4 0.07 24 WNP ...... 486 0.14 635 0.18 3,849 False killer whale ...... Hawaii Pelagic ...... 58 3.72 69 4.44 439 IA ...... 252 2.59 341 3.51 2,031 IND ...... 12 0.01 16 0.00 96 Main Hawaiian Islands In- 1 0.41 1 0.49 7 sular stock and DPS. Northwestern Hawaiian Is- 0 0.00 0 0.00 0 lands. WNP ...... 1,350 8.15 1,596 9.63 10,188 Fraser’s dolphin ...... CNP ...... 546 3.24 686 4.06 4,242 Hawaii ...... 1,944 3.79 2,320 4.52 14,736 IND ...... 93 0.05 128 0.07 756 WNP ...... 2,287 1.16 2,559 1.29 16,825 Ginkgo-toothed beaked IND ...... 12 0.07 16 0.10 96 whale. NP ...... 476 2.00 568 2.38 3,608 Harbor porpoise ...... WNP ...... 366 1.17 503 1.61 2,973

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TABLE 17—MAXIMUM TOTAL ANNUAL MMPA LEVEL B HARASSMENT PROPOSED FOR AUTHORIZATION FOR YEARS 1–4 AND 5–7, AND TOTAL FOR THE SEVEN-YEAR PERIOD OF THE FINAL RULE BY SURTASS LFA SONAR—Continued

Maximum annual Level B Maximum annual Level B harassment, years 1–4 harassment, years 5–7 Total overall 1 Level B Species Stock Percen Percent harassment for Instances species or Instances species or 7-year period stock stock

Hubbs’ beaked whale ...... NP ...... 26 0.11 36 0.15 212 Indo-Pacific bottlenose dol- IND ...... 11 0.14 16 0.20 92 phin. Killer whale...... Hawaii ...... 6 4.41 8 5.26 48 IND ...... 397 3.15 546 4.33 3,226 WNP ...... 10,470 85.37 14,387 117.31 85,041 Kogia spp.2 ...... WNP ...... 1,317 0.31 1,494 0.35 9,750 Longman’s beaked whale ... Hawaii ...... 739 5.01 882 11.59 5,602 IND ...... 325 1.92 447 2.64 2,641 WNP ...... 471 6.14 574 7.50 3,606 Melon-headed whale ...... Hawaiian Islands ...... 181 2.07 216 2.47 1,372 IND ...... 402 0.64 552 0.88 3,264 Kohala Resident...... 9 0.41 11 0.49 69 WNP ...... 1,605 2.87 1,823 3.27 11,889 Mesoplodon spp.2 ...... WNP ...... 10 0.05 14 0.07 82 Northern right whale dolphin NP ...... 0 0.00 0 0.00 0 Pacific white-sided dolphin NP ...... 9,530 1.05 12,890 1.41 76,790 Pantropical spotted dolphin 4-Islands ...... 32 14.40 38 17.18 242 Hawaii Island ...... 23 10.26 27 12.25 173 Hawaiian Pelagic ...... 297 0.55 355 0.66 2,253 IND ...... 311 0.05 428 0.07 2,528 Oahu ...... 23 10.54 28 12.58 176 WNP ...... 5,105 3.95 5,883 4.53 38,069 Pygmy killer whale ...... Hawaii ...... 393 3.72 469 4.44 2,979 IND ...... 60 0.27 82 0.37 486 WNP ...... 901 2.87 1,035 3.30 6,709 Pygmy sperm whale ...... Hawaii ...... 266 3.72 318 4.44 2,018 IND ...... 0 0.00 0 0.00 0 WNP ...... 203 0.07 265 0.09 1,607 Risso’s dolphin ...... Hawaii ...... 414 3.58 494 4.28 3,138 IA ...... 1,045 0.70 1,374 0.92 8,302 WNP ...... 4,347 3.07 4,914 3.47 32,130 IND ...... 4,621 1.01 6,354 1.39 37,546 Rough-toothed dolphin ...... Hawaii ...... 213 0.28 254 0.33 1,614 IND ...... 41 0.00 57 0.00 335 WNP ...... 1,439 28.74 1,732 34.56 10,952 Short-finned pilot whale ...... Hawaii ...... 396 2.00 473 2.38 3,003 IND ...... 1,526 0.59 2,098 0.81 12,398 WNP Northern Ecotype ...... 525 2.52 721 3.47 4,263 WNP Southern Ecotype ..... 5,683 18.03 6,303 19.99 41,641 Southern bottlenose whale IND ...... 22 0.00 31 0.00 181 Spade-toothed beaked IND ...... 16 0.09 22 0.12 130 whale. Sperm whale ...... Hawaii ...... 106 2.34 126 2.80 802 NIND ...... 33 0.14 46 0.20 270 NP ...... 1,429 1.28 1,855 1.68 11,281 SIND ...... 16 0.07 22 0.10 130 Spinner dolphin ...... Hawaii Island ...... 1 0.19 1 0.22 7 Hawaii Pelagic ...... 192 5.72 229 6.82 1,455 IND ...... 240 0.05 330 0.07 1,950 Kauai/Niihau ...... 83 13.85 99 16.53 629 Kure/Midway Atoll...... 0 0.00 0 0.00 0 Oahu/4-Islands ...... 20 2.88 24 6.66 152 Pearl and Hermes Reef ..... 0 0.00 0 0.00 0 WNP ...... 574 0.00 721 0.00 4,459 Stejneger’s beaked whale ... WNP ...... 201 2.49 276 3.42 1,632 Striped dolphin ...... Hawaii ...... 269 0.41 321 0.49 2,039 IND ...... 5,059 0.75 6,957 1.03 41,107 Japanese Coastal...... 3,366 17.18 3,571 18.23 24,177 WNP Northern Offshore ..... 267 0.07 367 0.10 2,169 WNP Southern Offshore .... 3,282 6.28 3,729 7.13 24,315 Hawaiian monk seal ...... Hawaii ...... 10 0.69 13 0.91 79 Northern fur seal ...... Western Pacific ...... 8,475 1.71 11,653 2.35 68,859 Ribbon seal ...... NP ...... 15,705 4.30 21,595 5.92 127,605 Spotted seal ...... Alaska stock/Bering Sea 80,722 17.53 110,993 24.10 655,867 DPS.

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TABLE 17—MAXIMUM TOTAL ANNUAL MMPA LEVEL B HARASSMENT PROPOSED FOR AUTHORIZATION FOR YEARS 1–4 AND 5–7, AND TOTAL FOR THE SEVEN-YEAR PERIOD OF THE FINAL RULE BY SURTASS LFA SONAR—Continued

Maximum annual Level B Maximum annual Level B harassment, years 1–4 harassment, years 5–7 Total overall 1 Level B Species Stock Percen Percent harassment for Instances species or Instances species or 7-year period stock stock

Southern stock and DPS ... 0 0.00 1 0.04 3 Steller sea lion ...... Western/Asian stock, West- 2 0.00 3 0.00 17 ern DPS. 1 ANT = Antarctic; CNP = Central North Pacific; NP = North Pacific; NIND = Northern Indian; SIND = Southern Indian; IND = Indian; WNP = Western North Pacific; ECS = East China Sea; WP = Western Pacific; SOJ = Sea of Japan; IA = Inshore Archipelago; WAU = Western Australia; YS = Yellow Sea; OE = Offshore Japan; OW = Nearshore Japan; JW = Sea of Japan/Minke; JE = Pacific coast of Japan; SH = Southern Hemi- sphere; DPS = distinct population segment. 2 Kogia spp: Pygmy and dwarf sperm whales are difficult to distinguish at sea, and abundance estimates are pooled for Kogia spp in Modeled Areas 1, 2, 3, 5, 6, and 7 (reported as pooled in Ferguson and Barlow, 2001 and 2003, and pooled). Mesoplodon spp: No methods are available to distinguish between the species of Mesoplodon beaked whales in the WNP stocks (Blainville’s beaked whale (M. densirostris), Perrin’s beaked whale (M. perrini), Lesser beaked whale (M. peruvianus), Stejneger’s beaked whale (M. stejnegeri), Gingko-toothed beaked whale (M. gingkodens), and Hubbs’ beaked whale (M. carlhubbsi)) when observed during at-sea surveys (Carretta et al., 2018). As reported in Ferguson and Barlow, 2001 and 2003, data on these species were pooled. These six species are managed as one unit.

Mitigation with the ‘least practicable adverse are considered in evaluating population Under section 101(a)(5)(A) of the impact’ standard.’’ As the Ninth Circuit level impacts. MMPA, NMFS must set forth the noted in its opinion, however, the Court As we stated in the preamble to the ‘‘permissible methods of taking was interpreting the statute without the final rule for the incidental take pursuant to such activity, and other benefit of NMFS’ formal interpretation. implementing regulations, not every means of effecting the least practicable We state here explicitly that NMFS is in population-level impact violates the adverse impact on such species or stock full agreement that the ‘‘negligible negligible impact requirement. The and its habitat, paying particular impact’’ and ‘‘least practicable adverse negligible impact standard does not attention to rookeries, mating grounds, impact’’ requirements are distinct, even require a finding that the anticipated and areas of similar significance, and on though both statutory standards refer to take will have ‘‘no effect’’ on population the availability of such species or stock species and stocks. With that in mind, numbers or growth rates: ‘‘The statutory for subsistence uses’’ (hereinafter we provide further explanation of our standard does not require that the same referred to as ‘‘LPAI’’ or ‘‘least interpretation of least practicable recovery rate be maintained, rather that practicable adverse impact’’). NMFS adverse impact, and explain what no significant effect on annual rates of does not have a regulatory definition for distinguishes it from the negligible recruitment or survival occurs. [T]he least practicable adverse impact. The impact standard. This discussion is key factor is the significance of the level NDAA for FY 2004 amended the MMPA consistent with, and expands upon, of impact on rates of recruitment or as it relates to military readiness previous rules we have issued, such as survival.’’ (54 FR 40338, 40341–42; activities and the incidental take the Navy Gulf of Alaska rule (82 FR September 29, 1989). authorization process such that a 19530; April 27, 2017); the Navy While some level of impact on determination of least practicable Atlantic Fleet Testing and Training rule population numbers or growth rates of adverse impact shall include (83 FR 57076; November 14, 2018); and a species or stock may occur and still consideration of personnel safety, the Navy Hawaii-Southern California satisfy the negligible impact requirement—even without practicality of implementation, and Training and Testing rule (83 FR 66846; consideration of mitigation—the least impact on the effectiveness of the December 27, 2018). military readiness activity. practicable adverse impact provision Before NMFS can issue incidental separately requires NMFS to prescribe Least Practicable Adverse Impact take regulations under section means of ‘‘effecting the least practicable Standard 101(a)(5)(A) of the MMPA, it must make adverse impact on such species or stock In Conservation Council for Hawaii v. a finding that the total taking will have and its habitat, paying particular National Marine Fisheries Service, 97 F. a ‘‘negligible impact’’ on the affected attention to rookeries, mating grounds, Supp.3d 1210, 1229 (D. Haw. 2015), the ‘‘species or stocks’’ of marine mammals. and areas of similar significance,’’ 50 Court stated that NMFS ‘‘[appear[s] to NMFS’ and USFWS’ implementing CFR 216.102(b), which are typically think [it] satisfies] the statutory ‘least regulations for section 101(a)(5) both identified as mitigation measures.4 practicable adverse impact’ requirement define ‘‘negligible impact’’ as an impact The negligible impact and LPAI with a ‘negligible impact’ finding.’’ resulting from the specified activity that standards in the MMPA both call for More recently, expressing similar cannot be reasonably expected to, and is evaluation at the level of the ‘‘species or concerns in a challenge to the 2012 not reasonably likely to, adversely affect stock.’’ The MMPA does not define the SURTASS LFA sonar incidental take the species or stock through effects on term ‘‘species.’’ However, Merriam- rule (77 FR 50290; August 12, 2012), the annual rates of recruitment or survival Webster Dictionary defines ‘‘species’’ to Ninth Circuit Court of Appeals in (50 CFR 216.103 and 50 CFR 18.27(c)). include ‘‘related organisms or Natural Resources Defense Council Recruitment (i.e., reproduction) and (NRDC) v. Pritzker, 828 F.3d 1125, 1134 survival rates are used to determine 4 For purposes of this discussion, we omit population growth rates 3 and, therefore reference to the language in the standard for least (9th Cir. 2016), stated, ‘‘[c]ompliance practicable adverse impact that says we also must with the ‘negligible impact’ requirement mitigate for subsistence impacts because they are does not mean there [is] compliance 3 A growth rate can be positive, negative, or flat. not at issue in this regulation.

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populations potentially capable of finding (see 50 CFR 216.104(c)), no We have carefully reviewed and interbreeding.’’ See www.merriam- amount of mitigation can enable NMFS considered the Ninth Circuit’s opinion webster.com/dictionary/species to issue an incidental take authorization in NRDC v. Pritzker in its entirety. (emphasis added). The MMPA defines for an activity that still would not meet While the Court’s reference to ‘‘marine ‘‘stock’’ as a group of marine mammals the negligible impact standard. mammals’’ rather than ‘‘marine mammal of the same species or smaller taxa in a Moreover, even where NMFS can reach species or stocks’’ in the italicized common spatial arrangement that a negligible impact finding—which we language above might be construed as a interbreed when mature (16 U.S.C. emphasize does allow for the possibility holding that the least practicable 1362(11)). The definition of of some ‘‘negligible’’ population-level adverse impact standard applies at the ‘‘population’’ is a group of interbreeding impact—the agency must still prescribe individual ‘‘marine mammal’’ level, i.e., organisms that represents the level of measures that will affect the least that NMFS must require mitigation to organization at which speciation begins. practicable amount of adverse impact minimize impacts to each individual www.merriam-webster.com/dictionary/ upon the affected species or stock. marine mammal unless impracticable, population. The definition of Section 101(a)(5)(A)(i)(II) requires we believe such an interpretation ‘‘population’’ is strikingly similar to the NMFS to issue, in conjunction with its reflects an incomplete appreciation of MMPA’s definition of ‘‘stock,’’ with authorization, binding—and the Court’s holding. In our view, the both involving groups of individuals enforceable—restrictions (in the form of opinion as a whole turned on the that belong to the same species and regulations) setting forth how the Court’s determination that NMFS had located in a manner that allows for not given separate and independent interbreeding. In fact, the term ‘‘stock’’ activity must be conducted, thus ensuring the activity has the ‘‘least meaning to the least practicable adverse in the MMPA is interchangeable with impact standard apart from the the statutory term ‘‘population stock’’ practicable adverse impact’’ on the affected species or stocks and their negligible impact standard, and further, (16 U.S.C. 1362(11)). Both the negligible that the Court’s use of the term ‘‘marine impact standard and the least habitat. In situations where mitigation is specifically needed to reach a negligible mammals’’ was not addressing the practicable adverse impact standard call question of whether the standard for evaluation at the level of the species impact determination, section 101(a)(5)(A)(i)(II) also provides a applies to individual animals as or stock, and the terms ‘‘species’’ and opposed to the species or stock as a ‘‘stock’’ both relate to populations; mechanism for ensuring compliance with the ‘‘negligible impact’’ whole. We recognize that while therefore, it is appropriate to view both consideration of mitigation can play a the negligible impact standard and the requirement. Finally, we reiterate that the LPAI standard also requires role in a negligible impact least practicable adverse impact determination, consideration of standard as having a population-level consideration of measures for marine mammal habitat, with particular mitigation measures extends beyond focus. that analysis. In evaluating what This interpretation is consistent with attention to rookeries, mating grounds, and other areas of similar significance, mitigation measures are appropriate, Congress’s statutory findings for NMFS considers the potential impacts enacting the MMPA, nearly all of which and for subsistence impacts, whereas the negligible impact standard is of the specified activities, the are most applicable at the species or availability of measures to minimize stock (i.e., population) level. See 16 concerned solely with conclusions about the impact of an activity on those potential impacts, and the U.S.C. 1361 (finding that it is species practicability of implementing those and population stocks that are or may be annual rates of recruitment and measures, as we describe below. in danger of extinction or depletion; that survival.5 it is species and population stocks that In NRDC v. Pritzker, the Court stated, Implementation of Least Practicable should not diminish beyond being ‘‘[t]he statute is properly read to mean Adverse Impact Standard significant functioning elements of their that even if population levels are not Given the NRDC v. Pritzker decision, ecosystems; and that it is species and threatened significantly, still the agency we discuss here how we determine population stocks that should not be must adopt mitigation measures aimed whether a measure or set of measures permitted to diminish below their at protecting marine mammals to the meets the ‘‘least practicable adverse optimum sustainable population level). greatest extent practicable in light of impact’’ standard. Our separate analysis Annual rates of recruitment (i.e., military readiness needs.’’ Id. at 1134 reproduction) and survival are the key of whether the take anticipated to result (emphases added). This statement is from Navy’s activities meets the biological metrics used in the evaluation consistent with our understanding of population-level impacts, and ‘‘negligible impact’’ standard appears in stated above that even when the effects the Negligible Impact Analysis and accordingly these same metrics are also of an action satisfy the negligible impact used in the evaluation of population Determination section below. standard (i.e., in the Court’s words, Our evaluation of potential mitigation level impacts for the least practicable ‘‘population levels are not threatened adverse impact standard. measures includes consideration of two significantly’’), still the agency must primary factors: Recognizing this common focus of the prescribe mitigation under the least (1) The manner in which, and the least practicable adverse impact and practicable adverse impact standard. degree to which, implementation of the negligible impact provisions on the However, as the statute indicates, the potential measure(s) is expected to ‘‘species or stock’’ does not mean we focus of both standards is ultimately the reduce adverse impacts to marine conflate the two standards. Despite impact on the affected ‘‘species or mammal species or stocks, their habitat, some common statutory language, we stock,’’ and not solely focused on or recognize the two provisions are and their availability for subsistence directed at the impact on individual different and have different functions. uses (where relevant). This analysis marine mammals. First, a negligible impact finding is considers such things as the nature of required before NMFS can issue an the potential adverse impact (such as 5 Outside of the military readiness context, incidental take authorization. Although mitigation may also be appropriate to ensure likelihood, scope, and range), the it is acceptable to use the mitigation compliance with the ‘‘small numbers’’ language in likelihood that the measure will be measures to reach a negligible impact MMPA sections 101(a)(5)(A) and (D). effective if implemented, and the

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likelihood of successful standard. Analysis of how a potential The emphasis given to a measure’s implementation; and mitigation measure may reduce adverse ability to reduce the impacts on a (2) The practicability of the measures impacts on a marine mammal stock or species or stock considers the degree, for applicant implementation. species, consideration of personnel likelihood, and context of the Practicability of implementation may safety, practicality of implementation, anticipated reduction of impacts to consider such things as cost, impact on and consideration of the impact on individuals (and how many individuals) activities, and, in the case of a military effectiveness of military readiness as well as the status of the species or readiness activity, specifically considers activities are not issues that can be stock. personnel safety, practicality of meaningfully evaluated through a yes/ The ultimate impact on any implementation, and impact on the no lens. The manner in which, and the individual from a disturbance event effectiveness of the military readiness degree to which, implementation of a (which informs the likelihood of activity. 16 U.S.C. 1371(a)(5)(A)(iii). measure is expected to reduce impacts, adverse species- or stock-level effects) is While the language of the least as well as its practicability in terms of dependent on the circumstances and practicable adverse impact standard these considerations, can vary widely. associated contextual factors, such as calls for minimizing impacts to affected For example, a time/area restriction duration of exposure to stressors. species or stocks and their habitats, we could be of very high value for reducing Though any proposed mitigation needs recognize that the reduction of impacts the potential for, or severity of, to be evaluated in the context of the to those species or stocks accrues population-level impacts (e.g., avoiding specific activity and the species or through the application of mitigation disturbance of feeding females in an stocks affected, measures with the measures that limit impacts to area of established biological following types of effects have greater individual animals. Accordingly, importance), or it could be of lower value in reducing the likelihood or NMFS’ analysis focuses on mitigation value (e.g., decreased disturbance in an severity of adverse species- or stock- measures that are designed to avoid or area of high productivity but of less level impacts: Avoiding or minimizing minimize impacts on individual marine firmly established biological injury or mortality; limiting interruption mammals that have the potential to importance). Regarding practicability, a of known feeding, breeding, mother/ increase the probability or severity of measure might involve restrictions in an young, or resting behaviors; minimizing population-level effects. area or time that impede the Navy’s the abandonment of important habitat While direct evidence of impacts to ability to certify a strike group (higher (temporally and spatially); minimizing species or stocks from a specified impact on mission effectiveness), or it the number of individuals subjected to activity is rarely available, and could mean delaying a small in-port these types of disruptions; and limiting additional study is still needed to training event by 30 minutes to avoid degradation of habitat. Mitigating these understand how specific disturbance exposure of a marine mammal to types of effects is intended to reduce the events affect the fitness of individuals of injurious levels of sound (lower impact). likelihood that the activity will result in certain species, there have been A responsible evaluation of ‘‘least energetic or other types of impacts that improvements in understanding the practicable adverse impact’’ will are more likely to result in reduced process by which disturbance effects are consider the factors along these realistic reproductive success or survivorship. It translated to the population. With is also important to consider the degree recent scientific advancements (both scales. Accordingly, the greater the likelihood that a measure will of impacts that are expected in the marine mammal energetic research and absence of mitigation in order to assess the development of energetic contribute to reducing the probability or severity of adverse impacts to the the added value of any potential frameworks), the relative likelihood or measures. Finally, because the least degree of impacts on species or stocks species or stock or their habitat, the greater the weight that measure is given practicable adverse impact standard may often be inferred given a detailed gives NMFS discretion to weigh a understanding of the activity, the when considered in combination with practicability to determine the variety of factors when determining environment, and the affected species or appropriate mitigation measures and stocks. This same information is used in appropriateness of the mitigation measure, and vice versa. In the because the focus of the standard is on the development of mitigation measures reducing impacts at the species or stock and helps us understand how mitigation evaluation of specific measures, the details of the specified activity will level, the least practicable adverse measures contribute to lessening effects impact standard does not compel (or the risk thereof) to species or stocks. necessarily inform each of the two primary factors discussed above mitigation for every kind of take, or We also acknowledge that there is every individual taken, if that mitigation always the potential that new (expected reduction of impacts and practicability), and will be carefully is unlikely to contribute meaningfully to information, or a new recommendation the reduction of adverse impacts on the that we had not previously considered, considered to determine the types of mitigation that are appropriate under species or stock and its habitat, even becomes available and necessitates when practicable for implementation by reevaluation of mitigation measures the least practicable adverse impact standard. We discuss consideration of the applicant. (which may be addressed through The status of the species or stock is adaptive management) to see if further these factors in greater detail below. 1. Reduction of adverse impacts to also relevant in evaluating the reductions of population impacts are appropriateness of potential mitigation possible and practicable. marine mammal species or stocks and their habitat.6 measures in the context of least In the evaluation of specific measures, practicable adverse impact. The the details of the specified activity will 6 following are examples of factors that necessarily inform each of the two We recognize the least practicable adverse impact standard requires consideration of measures may (either alone, or in combination) primary factors discussed above that will address minimizing impacts on the result in greater emphasis on the (expected reduction of impacts and availability of the species or stocks for subsistence importance of a mitigation measure in practicability), and are carefully uses where relevant. Because subsistence uses are not implicated for this action, we do not discuss considered to determine the types of them. However, a similar framework would apply unmitigable adverse impact on the availability of mitigation that are appropriate under for evaluating those measures, taking into account the species or stocks for taking for subsistence, and the least practicable adverse impact the MMPA’s directive that we make a finding of no the relevant implementing regulations.

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reducing impacts on a species or stock: 2019 SURTASS LFA FSEIS/SOEIS, Hawaii through its CZMA Program, was The stock is known to be decreasing or NMFS has determined that the correctly described in the 2018 Draft status is unknown, but believed to be following mitigation measures would SURTASS LFA SEIS/SOEIS and 2019 declining; the known annual mortality satisfy the LPAI standard: SURTASS LFA FSEIS/SOEIS. The (from any source) is approaching or (1) 2,000-yd LFA sonar mitigation proposed rule incorrectly suggested that exceeding the potential biological zone—LFA sonar training and testing Navy would not operate the SURTASS removal (PBR) level (as defined in 16 transmissions will be suspended if the LFA sonar system within Hawaii state U.S.C. 1362(20)); the affected species or Navy detects marine mammals within a waters. The description of this measure stock is a small, resident population; or distance of 2,000 yds (1.8 km; 1.1 mi; is corrected in this final rule. the stock is involved in a UME or has 1.0 nmi) of the LFA sonar source, which Below, we discuss the mitigation other known vulnerabilities, such as encompasses both the approximately 1- measures as agreed upon by the Navy recovering from an oil spill. km radial distance of the 180 dB re: 1 and NMFS. For additional details Habitat mitigation, particularly as it mPa rms received level mitigation zone regarding the Navy’s mitigation relates to rookeries, mating grounds, and and an additional buffer, by any of the measures, please also see Chapter 5 in areas of similar significance, is also following detection methods: the 2019 SURTASS LFA FSEIS/SOEIS. relevant to achieving the standard and (a) Visual monitoring; 2,000-yard Mitigation Zone (Re- can include measures such as reducing (b) Passive acoustic monitoring; and Evaluation of the 180 dB re: 1 mPa rms impacts of the activity on known prey (c) Active acoustic monitoring. Zone) utilized in the activity area or reducing (2) Geographic restrictions—LFA impacts on physical habitat. As with sonar training and testing will be The Navy requested, and NMFS species- or stock-related mitigation, the conducted such that: includes in this rule, a single, fixed emphasis given to a measure’s ability to (a) The received level of SURTASS 2,000-yard (yd) (0.99 nmi/1,829 m/1.83 reduce impacts on a species or stock’s LFA sonar transmissions during training km) mitigation zone rather than a habitat considers the degree, likelihood, and testing events will not exceed 180 combined mitigation and buffer zone and context of the anticipated reduction dB re: 1 mPa rms within 1 km seaward (based on real-time propagation of impacts to habitat. Because habitat of any OBIA boundary, during the modeling) of nominally 1.08 nmi (2 km), value is informed by marine mammal indicated periods of biological which has been required in past rules. presence and use, in some cases there importance; This modification will standardize and may be overlap in measures for the (b) no more than 25 percent of the simplify Navy mitigation and species or stock and for use of habitat. authorized amount (transmission hours) monitoring implementation and We consider available information of SURTASS LFA sonar for training and includes consideration of updated indicating the likelihood of any measure testing will be used within 10 nmi (18.5 information on marine mammal injury to accomplish its objective. If evidence km) of any single OBIA during any year thresholds. The 180 dB re: 1 mPa rms shows that a measure has not typically (no more than 124 hours in years 1–4 threshold for the onset of potential been effective nor successful, then and 148 hours in years 5–7) unless the injury has been used in the impact either that measure should be modified following conditions are met: Should assessment for SURTASS LFA sonar or the potential value of the measure to national security present a requirement since 2001, and the isopleth associated reduce effects should be lowered. to conduct more than 25 percent of with that threshold has also previously 2. Practicability. Factors considered authorized hours of SURTASS LFA informed the development of mitigation. may include cost, impact on activities, sonar within 10 nmi (18.5 km) of any However, NMFS’ 2018 Revision to: and, in the case of a military readiness single OBIA during any year, naval Technical Guidance for Assessing the activity, personnel safety, practicality of units will obtain permission from the Effect of Anthropogenic Sound on implementation, and impact on the appropriate designated Command Marine Mammal Hearing (NMFS, 2018, effectiveness of the military readiness authority prior to commencement of the hereafter referred to as ‘‘NMFS’ 2018 activity (16 U.S.C. 1371(a)(5)(A)(iii)). activity. The Navy will provide NMFS Acoustic Technical Guidance’’) reflects the current state of scientific knowledge Mitigation Measures with notification as soon as is practicable and include the information regarding the potential impacts of sound As with other rulemakings for (e.g., sonar hours) in its annual activity on marine mammal hearing. It specifies SURTASS LFA sonar, our consideration reports submitted to NMFS. auditory weighted (SELcum) values for of mitigation under the LPAI standard (c) the received level of SURTASS the onset of PTS (onset of injury) based was conducted at scales that take into LFA sonar transmissions will not on marine mammal hearing groups. The account the entire rulemaking period exceed 180 dB re: 1 mPa rms within the NMFS 2018 Acoustic Technical and geographic scope of potential areas Coastal Standoff Zone (22 km (12 nmi) Guidance categorizes marine mammals of SURTASS LFA sonar activities and from any land); into five generalized hearing groups the types of impacts that could occur (d) no activities with the SURTASS with defined hearing ranges and under the rule. NMFS reviewed the LFA sonar system will occur within presents the auditory weighting proposed activities and the proposed territorial seas of foreign nations, which functions developed for each of these mitigation measures as described in the are areas up to 12 nmi from shore, hearing groups, reflecting the best Navy’s application, and the measures depending on the distance that available data on hearing, impacts of added by NMFS, to determine if they individual nations claim; and sound on hearing, and data on equal would satisfy the standard of LPAI on (e) no activities with the SURTASS latency. marine mammal species or stock(s) and LFA sonar system will occur within the When estimating the onset of injury their habitat. Since the proposed rule 14 waters of Penguin Bank, Hawaii for non-impulsive sound sources (PTS), OBIAs have been designated and (defined as water depth of 600 ft (183 NMFS’ 2018 Acoustic Technical additional mitigation has been added m)), and ensonification of Hawaii state Guidance defines weighted thresholds that limits the number of hours of waters (out to 3 nmi) will not exceed as cumulative sound exposure levels SURTASS LFA sonar transmission 145 dB re: 1 mPa rms. This measure, (SELcum). The new thresholds and their occurring around any single OBIA (see which is a result of an agreement associated metric incorporate a duration below). As described below, and in the between the Navy and the State of component, which means that they are

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not directly comparable to the previous weighting functions results in the LFA sonar before experiencing the onset 180 dB re: 1 mPa rms SPL threshold. To thresholds increasing by approximately of injury, 135 ft (41 m) for this example. determine what the SELcum for each 1.5; 46; 56; 15; and 20 dB for the LF, Consequently, if mitigation is tied to hearing group would be when exposed MF, HF, phocid pinnipeds (underwater) preventing the same type of impact to a 60-second (the nominal time of an (PW), and otariid pinnipeds (PTS), the distance at which SURTASS LFA sonar transmission, or one ping), (underwater) (OW) hearing groups, LFA sonar transmissions should be 300 Hz (the center frequency in the respectively, above the baseline mitigated for marine mammals would be possible sonar transmission range of threshold level (Table 18). Based on the distance associated with LF 100–500 Hz, single element source level simple spherical spreading (i.e., cetaceans, as the mitigation range would of 215 dB re: 1 mPa at 1 m) SURTASS transmission loss based on 20 × log10 be the greatest for this hearing group. LFA sonar transmission, the appropriate [range {m}]), all hearing groups except Any mitigation measure developed for auditory weighting function must be LF cetaceans would need to remain LF cetaceans based on PTS onset would applied to account for each hearing within 22 ft (7 m) for the duration of an group’s sensitivity. Again, although entire LFA sonar ping (60 seconds) to be highly conservative for any other direct comparisons are difficult, when a potentially experience PTS. LF marine mammals potentially exposed to 300 Hz, 60-second exposure is cetaceans would need to remain at the SURTASS LFA sonar transmissions. considered, applying the auditory greatest distance from the transmitting

TABLE 18—TTS AND PTS ONSET THRESHOLDS FOR NON-IMPULSIVE SOUNDS

Cumulative sound Cumulative Cumulative exposure sound sound level threshold exposure exposure for PTS 1 with Hearing group level threshold level threshold 1 1 weighting for TTS for PTS function (dB) (dB) applied at 300 Hz (dB)

Low-frequency cetaceans ...... 179 199 200.5 Mid-frequency cetaceans ...... 178 198 244 High-frequency cetaceans ...... 153 173 229 Phocid pinnipeds (PW) (Underwater) ...... 181 201 216 Otariid pinnipeds (OW) (Underwater) ...... 199 219 239 1 Referenced to 1 μPa2s; weighted according to appropriate auditory weighting function.

To calculate the SPL of these SELcum exposure scenario is unlikely, as a implemented a suspension of SURTASS thresholds it is necessary to account for marine mammal would have to remain LFA sonar transmissions. This measure the weighting function, as previously close, <200 ft (61 m), to the transmitting was included in prior rules to reduce or explained, and the duration of exposure LFA sonar array for an extended period, alleviate the likelihood that marine (10 x log (duration in sections)). approximately 20 minutes, to mammals would be exposed to levels of Applying the duration of a single ping experience two full pings (one ping sound that may result in injury (PTS). of SURTASS LFA sonar (60 sec) results every 10 min). Although this is an However, due to the updated criteria in in 17.8 dB (i.e., (10 log (60)), which is unlikely scenario, the Navy will retain NMFS’ 2018 Acoustic Technical subtracted from the weighted SELcum and NMFS will require a mitigation Guidance, this 180 dB mitigation zone value of 200.5 dB for LF cetaceans (199 zone that is basically equivalent to the would not only preclude PTS, but dB PTS onset threshold plus 1.5 dB previous zone based on 180 re: 1 mPa almost all TTS and more severe associated with LF cetacean weighting rms received level as the current behavioral reactions as well. While not function at 300 Hz), for an SPL of 182.7 mitigation zone for SURTASS LFA an expansion of the mitigation, the best dB re: 1 mPa rms. The distance to the sonar training and testing activities in available science indicates the this rule, as described below. mitigation zone is more effective at 182.7 dB re: 1 mPa rms isopleth would In previous rules, prior to reducing PTS and TTS than previously be slightly smaller than that associated commencing and during SURTASS LFA considered in prior authorizations for with the previously used 180 dB re: 1 sonar training and testing transmissions, SURTASS LFA sonar. mPa rms isopleth. To convert the SELcum the Navy determined (in real time) the The Navy modeling of the sound field threshold to SPL for two pings of propagation of LFA sonar signals in the in near-real time conditions provided SURTASS LFA sonar, one would need ocean and the distance from the the information necessary to calculate to account for this increased duration of SURTASS LFA sonar source to the 180 the mitigation zone for which delay or exposure (10 x log (120 seconds)), dB re: 1 mPa rms isopleth (See suspension of LFA sonar transmissions which results in 20.8 dB being Description of Real-Time SURTASS LFA would occur. Acoustic model updates subtracted from the weighted SELcum Sonar Sound Field Modeling section of were nominally made every 12 hrs, or value of 200.5 dB for LF cetaceans, for the application). The 180 dB re: 1 mPa as meteorological or oceanographic an SPL of 179.7 dB re: 1 mPa rms. The rms isopleth defined the extent of the conditions changed. If a marine resulting SPL for exposure of an LF LFA sonar mitigation zone for marine mammal entered the calculated cetacean to two pings of SURTASS LFA mammals around the surveillance threshold distance (plus its associated sonar (179.7 dB re: 1 mPa rms) is very vessel. If a marine mammal entered the buffer distance), the sonar operator close to the 180 dB re: 1 mPa rms LFA sonar mitigation zone (or the 1-km notified the senior military member in received level, on which previous buffer previously required by NMFS, as charge, who would order the delay or mitigation measures were based. This described below), the Navy suspension of transmissions. If it were

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predicted that the SPL threshold rare event of a strong acoustic duct in of the visual watches and periodically distances would change within the next which the volume of water ensonified to review the log entries. 12-hr period, the senior military 180 dB re: 1 mPa rms could exist at a If a lookout observes a marine member in charge would also be horizontal distance somewhat greater mammal outside of the 2,000-yd LFA notified in order to take the necessary than 0.54 nmi (1 km) (DoN, 2001). With sonar mitigation zone, the lookout will action to ensure that the sound field the mitigation zone of 2,000 yd (1.83 notify the senior military member in criteria would not be exceeded. km), there is no potential for animals to charge of the watch. The senior military As an added protective measure, be exposed to received levels greater member in charge shall then notify the NMFS previously required the Navy to than 180 dB re: 1 mPa rms, or levels HF/M3 active sonar operator to include a ‘‘buffer zone’’ that extended above the new injury (PTS) thresholds determine the range and projected track an additional 1 km (0.62 mi; 0.54 nm) identified in NMFS’ 2018 Acoustic of the marine mammal. If the HF/M3 beyond the Navy’s proposed 180 dB re: Technical Guidance, and, therefore, sonar operator or the lookout 1 mPa rms isopleth LFA sonar mitigation marine mammals are protected from determines that the marine mammal zone. This buffer typically coincides both acoustic injury and more severe will pass within the 2,000-yd LFA sonar with the full detection range of the HF/ occurrences of Level B harassment. mitigation zone, the senior military M3 active sonar for mitigation member in charge shall order the delay monitoring (approximately 2 to 2.5 km; Visual Mitigation Monitoring or suspension of SURTASS LFA sonar 1.2 to 1.5 mi; 1.1 to 1.3 nmi). Thus, Visual monitoring will consist of training and testing transmissions when implementation of this additional 1 km daytime observations for marine the animal enters the 2,000-yd LFA buffer zone increases the shutdown mammals from the bridge of SURTASS sonar mitigation zone to prevent Level zone around the LFA sonar array and LFA sonar vessels by lookouts A harassment as well as reduce the vessel and, given the highly effective (personnel trained in detecting and potential for TTS and more severe monitoring capabilities (described identifying marine mammals). Navy behavioral responses. below), ensures that no marine shipboard lookouts are highly qualified If a lookout observes a marine mammals will be exposed to an SPL and experienced observers of the marine mammal anywhere within the 2,000-yd greater than approximately 174 dB re: 1 environment. Their operational duties LFA mitigation/buffer zone (required by mPa rms. In past applications, the Navy require that they report all objects NMFS), the senior military member in has noted that this additional mitigation sighted on the water surface to the charge will be notified so that the LFA is practicable and the Navy has senior military member in charge (e.g., sonar training and testing transmissions implemented this measure in previous trash, a periscope, marine mammals, sea will be immediately shut down or authorizations. In addition, as noted turtles) and all disturbances (e.g., suspended. The lookout will enter his/ her observations about sighted marine above for the 180 dB mitigation zone, surface disturbance, discoloration) that mammals into the log: date/time; vessel based on new scientific information and may be indicative of a threat to the name; geographic coordinates/position; updated criteria in NMFS’ 2018 vessel and its crew. The objective of type and number of marine mammals Acoustic Technical Guidance, this visual mitigation monitoring is to observed; assessment basis (i.e., buffer mitigation is likely even more maintain location, distance, and observed injury or behavioral response); effective at avoiding the likelihood of movement information about marine bearing from vessel; whether activities PTS and reducing the degree of TTS mammals observed to ensure that none were delayed, suspended, or terminated; than previously known when analyzed approach close enough to enter the and employed in previous and relevant narrative information. 2,000-yd LFA mitigation/buffer zone. authorizations. The proposed 2,000 yd Marine mammal biologists who are (1.83 km) single fixed mitigation zone Daylight is defined as 30 min before qualified in conducting at-sea marine would cover virtually all of the previous sunrise until 30 min after sunset. Visual mammal visual monitoring from surface combined mitigation/buffer zone of monitoring will begin 30 min before vessels will train and qualify designated nominally 1.08 nmi (2 km), since the sunrise or 30 min before the Navy ship personnel to conduct at-sea visual difference between 2,000 yd and 2 km deploys the SURTASS LFA sonar array. monitoring. This training may be is only about 187 yd (or 0.09 nmi (167 Lookouts will continue to monitor the accomplished either in-person or via m)). Likewise, the difference in the area until 30 min after sunset or video training. continue to monitor for at least 15 min sound field of the combined mitigation/ Passive Acoustic Mitigation Monitoring buffer zone of 2,000 yd (1.83 km) versus after completion of the SURTASS LFA 1.08 nmi (2,187 yd; 2 km) would also be sonar training and testing transmission. For the second of the three-part negligible. At 2,000 yd (1.83 km), The lookouts will maintain a topside mitigation monitoring measures, the modeling shows that the received level watch and marine mammal observation Navy will conduct passive acoustic would be 174.75 dB while at 1.08 nmi log during daytime activities that monitoring using the SURTASS towed (2 km), the received level would be employ SURTASS LFA sonar in the horizontal line array to detect vocalizing 173.98 dB, which is a difference of only active mode. These trained monitoring marine mammals as an indicator of their 0.77 dB. This very small difference in personnel maintain a topside watch and presence. This system serves to augment received level would not be perceptible scan the water’s surface around the the visual and active sonar detection to a marine mammal. vessel systematically with standard systems, and is deployed and operated In summary, Navy proposed, and binoculars (7x) and with the naked eye. at all times in which the LFA sonar NMFS will require, a single, fixed, If the lookout sights a possible marine system could be utilized. If a passive combined mitigation/buffer zone for mammal, the lookout will use big-eye acoustic technician detects a vocalizing SURTASS LFA sonar training and binoculars (25x) to confirm the sighting marine mammal that may be potentially testing activities to standardize and and potentially identify the marine affected by LFA sonar prior to or during simplify implementation of this mammal species. Lookouts will enter transmissions, the technician will notify monitoring requirement using standard numbers and identification of marine the senior military member in charge Navy metrics (yards not meters). This mammals sighted into the log, as well as who will immediately alert the HF/M3 measure will be effective mitigation in any unusual behavior. A designated active sonar operators and the lookouts. all acoustic environments, even in the ship’s officer will monitor the conduct The senior military member in charge

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shall order the delay or suspension of mitigation zone by any of the three (e.g., sonar hours) in its annual activity LFA sonar transmissions when the monitoring methods. reports submitted to NMFS. animal enters the 2,000-yd LFA In situations where the HF/M3 sonar (c) The received level of SURTASS mitigation/buffer zone as detected by system has been powered down for LFA sonar transmissions will not either the HF/M3 sonar operator or the more than 2 min during a training and exceed 180 dB re: 1 mPa rms within the lookouts. The passive acoustic testing event, the Navy will ramp up the Coastal Standoff Zone (22 km (12 nmi) technician will record all contacts of HF/M3 sonar power level over a period from any land). marine mammals in a log. of 5 min from the source level of 180 dB (d) No activities with the SURTASS LFA sonar system will occur within Active Acoustic Mitigation Monitoring re: 1 mPa at 1 m in 10-dB increments until the system attains full power. territorial seas of foreign nations, which Active acoustic monitoring uses the are areas up to 12 nmi from shore, high-frequency marine mammal NMFS’ Additional 1-km Buffer Zone depending on the distance that monitoring (HF/M3) sonar to detect, Around OBIAs individual nations claim. locate, and track marine mammals that Similar to the previously-required 1- (e) No activities with the SURTASS could pass close enough to the km buffer around the LFA Sonar LFA sonar system will occur within the SURTASS LFA sonar array to enter the Mitigation Zone, NMFS is requiring the waters of Penguin Bank, Hawaii 2,000-yd LFA sonar mitigation zone. Navy to include a ‘‘buffer zone’’ that (defined as water depth of 600 ft (183 HF/M3 acoustic monitoring may be extends an additional 1 km (0.62 mi; m)), and ensonification of Hawaii state waters (out to 3 nmi) will not exceed used at all times of the day or night and 0.54 nm) beyond the seaward boundary 145 dB re: 1 mPa rms. begins 30 min before the first LFA sonar of any OBIA (discussed in ‘‘Geographic As with previous rulemakings for transmission of a given training or Restrictions’’ section immediately SURTASS LFA sonar, this rulemaking testing activity is scheduled to below). The Navy has noted that this contains a consideration of geographic commence and continues until the Navy additional mitigation is practicable and restrictions, including OBIAs. However, terminates LFA sonar transmissions. has implemented this measure in whereas the Navy previously considered If the HF/M3 sonar operator detects a previous authorizations. In addition, as SURTASS LFA sonar activities marine mammal contact outside the noted above for the 180-dB mitigation worldwide, it has narrowed the 2,000-yd LFA sonar mitigation zone, the zone, based on new scientific geographic scope of its current HF/M3 sonar operator will determine information and updated criteria in application to reflect only those areas of the range and projected track of the NMFS’ 2018 Acoustic Technical the world’s oceans where the Navy marine mammal. If the operator Guidance, this 1-km buffer mitigation is anticipates conducting covered determines that the marine mammal more effective at avoiding PTS and SURTASS LFA sonar activities (i.e., will pass within the 2,000-yd LFA sonar reducing TTS than previously known training and testing in the SURTASS mitigation zone, he/she will notify the when analyzed and employed in LFA Study Area in the central and senior military member in charge. The previous authorizations. western North Pacific and eastern senior military member in charge will Geographic Restrictions Indian Oceans). Therefore, then immediately order the delay or consideration of geographical suspension of LFA sonar training and As noted above, the Navy will restrictions is also limited to the testing transmissions when the animal implement geographic restrictions for SURTASS LFA Study Area in the is predicted to enter the 2,000-yd LFA SURTASS LFA sonar training and central and western North Pacific and sonar mitigation zone. testing activities that entail restricting eastern Indian Oceans. If the HF/M3 sonar operator detects a SURTASS LFA sonar activities within marine mammal within the 2,000-yd these designated areas such that: Offshore Biologically Important Areas— LFA mitigation zone, he/she will notify (a) The received level of SURTASS Background the senior military member in charge LFA sonar transmissions during training Given the unique operational who will immediately order the delay or and testing events will not exceed 180 characteristics of SURTASS LFA sonar, suspension of training and testing dB re: 1 mPa rms within 1 km seaward Navy and NMFS developed the concept transmissions. The HF/M3 sonar of any OBIA boundary, during the of geographical restrictions for operator will record all contacts of indicated periods of biological SURTASS LFA sonar in the SURTASS marine mammals into the log. importance. LFA Sonar FOEIS/EIS (DoN, 2001) to Prior to full-power operations of the (b) No more than 25 percent of the include: Delineating a 12 nmi coastal HF/M3 active sonar during SURTASS authorized amount (transmission hours) standoff zone where received levels LFA sonar training and testing of SURTASS LFA sonar for training and from SURTASS LFA sonar will not activities, the Navy will ramp up the testing will be used within 10 nmi (18.5 exceed 180 dB re: 1 mPa rms, and HF/M3 sonar power level over a period km) of any single OBIA during any year designating OBIAs, where warranted, of 5 min from the source level of 180 dB (no more than 124 hours in years 1–4 for areas beyond this coastal standoff re 1 mPa at 1 m in 10-dB increments and 148 hours in years 5–7) unless the zone, wherein received levels will not until the HF/M3 system attains full following conditions are met: Should exceed 180 dB re: 1 mPa rms. The coastal power (if required) to ensure that there national security present a requirement standoff zone and OBIAs are intended to are no inadvertent exposures of marine to conduct more than 25 percent of reduce the likelihood and/or degree of mammals to received levels greater than authorized hours of SURTASS LFA impacts on affected marine mammal 180 dB re 1 mPa rms from the HF/M3 sonar within 10 nmi (18.5 km) of any species or stocks. As noted in the 2012 sonar. The Navy will not increase the single OBIA during any year, naval final rule (77 FR 50290; August 20, HF/M3 sonar source level if any of the units will obtain permission from the 2012), over 80 percent of the existing three monitoring methods detects a appropriate designated Command and potential marine protected areas marine mammal during ramp-up. Ramp- authority prior to commencement of the reviewed were within 12 nmi from a up of the HF/M3 active sonar may activity. The Navy will provide NMFS coastline, indicating the effectiveness of continue once marine mammals are no with notification as soon as is the coastal standoff as one of the longer detected within the 2,000-yd LFA practicable and include the information primary mitigation measures for

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reducing potential impacts to marine In parallel, for the 2012 rule, NMFS, somewhat limited data were eligible for mammals. OBIAs expand upon this with Navy input, developed a new further consideration as an OBIA. protection by avoiding or minimizing process and screening criteria for The systematic process described here impacts in areas beyond the coastal determining an area’s eligibility to be was developed in order to support an standoff zone where marine mammals considered as an OBIA nominee for orderly and manageable expert review are known to engage in specific marine mammals. Those screening and to ensure some definable behaviors that may lead to more severe criteria were: (1) Areas with: (a) High information quality in the identification impacts if interrupted; known to densities of marine mammals; or (b) of OBIAs. As a result of this process, 45 congregate in higher densities; and/or Known/defined critical habitat, areas ranked a 2 or higher. known to have a limited range and breeding/calving grounds, foraging Although not part of the initial small abundance that creates more grounds, migration routes; or (c) Small, screening criteria for the 2012 vulnerability for the stock as a whole. distinct populations of marine mammals rulemaking, consideration of marine These criteria are important when with limited distributions; and (2) Areas mammal hearing frequency sensitivity determining whether mitigation would that are outside of the coastal standoff led NMFS to screen out areas that be likely to reduce the probability or distance and within potential qualified solely on the basis of their severity of effects to individuals that operational areas for SURTASS LFA importance for mid- or high-frequency would translate to minimization of (i.e., greater than 22 km (13.6 mi; 12 hearing specialists in past rulemakings. impacts at the population level under nmi) from any shoreline and not in This was due to the fact that the LFA the LPAI standard. Limiting LFA sonar polar regions). sound source is below the range of best activities in these important areas is For the 2012 SURTASS LFA FSEIS/ hearing sensitivity for MF and HF expected to limit the likelihood and/or SOEIS and 2012 rule, NMFS also odontocete hearing specialists. Using degree of species or stock effects by developed and implemented a robust, the example of harbor porpoises, this minimizing the chances that the activity systematic screening process for means that a sound with a frequency will result in detrimental energetic reviewing existing and potential marine less than 1 kHz would need to be effects to individuals (such as those that protected areas against the OBIA significantly louder (more than 50 dB could occur in known feeding areas) or criteria, based on the World Database on louder) than a sound in their area of best direct interference in breeding or Protected Areas (WDPA, 2009), Hoyt sensitivity (around 100 kHz) in order for mother/young interactions (such as (2005), and prior SURTASS LFA sonar them to hear it. Additionally, during the those that could occur in reproductive OBIAs. This process produced a 1997 to 1998 SURTASS LFA Sonar Low or nursing areas) that could result in preliminary list of 403 OBIA nominees. Frequency Sound Scientific Research reductions in reproductive success or As noted above, and stated in the 2012 Program (LFS SRP), numerous survivorship. Final Rule (77 FR 50290; August 20, odontocete and pinniped species (i.e., Three OBIAs were identified in the 2012), the vast majority of the areas MF and HF hearing specialists) were 2001 SURTASS LFA FOEIS/EIS: 200 m reviewed as potential OBIAs were sighted in the vicinity of the sound isobaths of the east coast of North within 12 nmi from a coastline and exposure tests and showed no America; Costa Rica Dome; and therefore already afforded protection immediately obvious responses or Antarctic Convergence Zone. In 2007, due to the coastal standoff zone, changes in sighting rates as a function the Navy published a supplemental indicating the effectiveness of the of source conditions, which likely FEIS/FOEIS that designated six new coastal standoff zone as one of the produced received levels similar to OBIAs in addition to the three OBIAs primary mitigation measures for those that produced minor short-term that were designated in the 2001 reducing potential impacts. The behavioral responses in the baleen SURTASS LFA FOEIS/FEIS. The criteria remaining areas were broadly evaluated whales (i.e., LF hearing specialists). for identifying OBIAs in the 2001 and under the OBIA criteria and, after NMFS reasoned that MF and HF 2007 rules were originally defined in review, 73 potential OBIAs were odontocete hearing specialists have the 2001 SURTASS LFA Sonar FOEIS/ considered by the Navy and NMFS. such reduced sensitivity to the LFA EIS (Subchapter 2.3.2.1) as areas of the After the list of potential OBIAs was sonar source that limiting ensonification world’s oceans outside of the geographic developed based on information at a in OBIAs for those animals would not stand-off distance (greater than 22 km broad scale, each of these areas was afford protection beyond that which is (12 nmi)) from a coastline (including evaluated at a finer scale to determine already achieved by implementing a islands) where marine animals of whether they qualified for designation shutdown when any marine mammal concern (those animals listed under the as an OBIA. Further analysis of the enters the LFA mitigation zone. ESA and/or marine mammals) carry out biological evidence and robustness of Therefore, consideration of marine biologically important activities, the data for each of these mammal frequency sensitivity led including migration, foraging, breeding, recommendations included ranking NMFS to screen out areas that qualified and calving. them in categories using a numbering solely on the basis of their importance For the 2012 rule, the Deputy system ranging from 0 to 4. Any of the for MF or HF specialists. Assistant Secretary of the Navy for nominees that received a ranking of 2 or In addition to the considerations Environment (DASN(E)) determined higher were eligible for continued above, NMFS reviewed Hoyt (2011), that the purpose of NEPA and Executive consideration as an OBIA nominee. A which was an update and revision of Order 12114 would be furthered by the rank score of 2 for designation criteria Hoyt’s 2005 earlier work, along with preparation of an additional or for OBIA boundary considerations areas recommended in public comments supplemental analysis related to the indicated that the designation was received on the 2012 SURTASS LFA employment of SURTASS LFA sonar. inferred from habitat suitability models DSEIS/SOEIS. As a result of this further Accordingly, the DASN(E) directed that (non-peer reviewed), expert opinion, analysis, NMFS developed a list of an SEIS/SOEIS (among other things) regional expertise, or ‘‘gray literature’’ OBIAs, which were then further provide further analysis of potential (inferred from analyses conducted for considered in the context of additional OBIAs in regions of the purposes other than quantifying OBIA practicability. world where the Navy intended to use criteria or boundary; see DoN (2012), In response to public comments on the SURTASS LFA sonar systems. Section 4.5.2.1). Thus, even areas with the 2012 proposed rule, NMFS also

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reevaluated its preliminary decision not in the OBIA process, but designation as the available information and should be to include areas that met the criteria for critical habitat does not necessarily evaluated on a stock-by-stock basis, sperm whales and pinnipeds (because comport with designation as an OBIA although combining species or stocks they were not considered LF due to differences in the intent of these may be appropriate in some situations. specialists), and ultimately determined designations. Critical habitat is defined The best source for this type of such areas would be appropriate for and used in the ESA and includes determination are publically-available, OBIA designation where information specific geographic areas that contain direct measurements from survey data. established by the criteria were met, and features essential to the conservation of Geographic Criteria—For a marine in fact noted that one OBIA (Patagonia an endangered or threatened species, area to be eligible for consideration as Shelf) had already been identified for including areas that are not currently an OBIA for marine mammals, the area elephant seals. While no OBIAs had occupied by the relevant species. must be located where training and been identified for sperm whales, NMFS However, as stated above, the intent of testing activities of SURTASS LFA committed to considering sperm whales OBIA designation is to expand upon the sonar would occur (i.e. in the Study in future analyses should supporting coastal standoff zone, and provide Area) and cannot be located within 12 information become available. protection from potential SURTASS nm (22 km) of any emergent land As part of the 2017 SURTASS LFA LFA sonar impacts by avoiding or including islands or island systems (i.e., DSEIS/SOEIS, and as part of the 2017 minimizing impacts in areas beyond the must be outside of the coastal standoff rulemaking process, NMFS and Navy coastal standoff zone where marine zone, which already receives the same continued their evaluation of OBIAs. As mammals are known to engage in protection as OBIAs). a result of that work, NMFS and the specific behaviors that may lead to more LF Hearing Sensitivity—The Navy revised boundaries and designated severe impacts if interrupted; known to frequencies produced by SURTASS LFA seven more OBIAs, for a total of 29 congregate in higher densities; and/or sonar transmissions are well below the OBIAs that were identified and made known to have a limited range and frequency range of best hearing part of the NDE, under which the Navy small abundance that creates more sensitivity for most odontocetes and is currently conducting SURTASS LFA vulnerability for the stock as a whole. pinnipeds based on the measured sonar activities. Two of these OBIAs Therefore, at least one of the following hearing thresholds (Au and Hastings, include protection for sperm whales biological criteria must be met for a 2008; Houser et al., 2008; Kastelein et (OBIA #28, Perth Canyon; and OBIA marine area to be considered as a al., 2009; Mulsow and Reichmuth, 2010; #29, Southwest Australia Canyons). marine mammal OBIA for SURTASS NMFS, 2018; Nedwell et al., 2004; Since 2012, the Navy and NMFS have LFA sonar. When direct data relevant to Richardson et al., 1995; Southall et al., maintained an ‘‘OBIA Watchlist’’ of one of the following are limited, other 2007; Southall et al., 2019). The intent potential marine areas in the Study Area available data and information may be of OBIAs is to protect those marine for which information or data have not used if those data and information, mammal species, such as baleen whales, been sufficient to designate as OBIAs, either alone or in combination with most likely to hear and be affected by and reviewed new literature to limited direct data, are sufficient to LFA sonar transmissions and to provide determine if additional areas should be establish that at least one of the them with additional protections during added to the list of potential areas. As biological criteria are present: periods when they are conducting part of the Adaptive Management • Known Breeding/Calving or biologically significant activities. Thus, process (see Adaptive Management Foraging Ground, or Mitigation Route— the primary focus of the OBIA section), the OBIA Watchlist is an area representing a location of known mitigation measure is on LF hearing periodically evaluated as additional biologically important activities, specialist species. However, OBIAs have information becomes available to including defined breeding or calving been designated for non-LF hearing determine if the new information areas, foraging grounds, or migration specialists, such as elephant seals and provides adequate support under one of routes. Potential designation under this sperm whales, since the available the OBIA biological criteria. NMFS criterion is indicative that these areas hearing data for these species indicate refers the reader to the 2019 SURTASS are concentrated areas for at least one an increased sensitivity to LF sound LFA FSEIS/SOEIS, Chapter 5 and biologically important activity. (compared to most odontocetes and Appendix C, for more detail on the ‘‘Concentrated’’ means that more of the pinnipeds). analysis of potential OBIAs. As part of animals are engaged in the particular The biological criteria considered in the ongoing Adaptive Management behavior at the location (and perhaps the identification of OBIAs have process and in preparation for the 2019 time) than are typically engaged in that changed since the 2001 SURTASS LFA SURTASS LFA FSEIS/SOEIS, NMFS behavior elsewhere. FOEIS/EIS (and as continued in the and Navy reviewed the OBIA Watchlist • Small, Distinct Populations of 2007 SURTASS LFA SEIS) in two and other new information to determine Marine Mammals with Limited respects. First, under the 2001 the potential for additional OBIAs or Distributions—geographic areas in SURTASS LFA FOEIS/EIS, 2007 expansion of existing OBIAs within the which small, distinct populations of SURTASS LFA SEIS, and the 2007 final SURTASS LFA Study Area. marine mammals occur and whose rule, an area could be designated as an distributional ranges are limited. OBIA only if it met a conjunctive test of Offshore Biologically Important Areas— • High Densities—an area of high being an area where marine mammals Current Rulemaking density for one or more species of congregate (1) in high densities, and (2) For the 2019 SURTASS LFA FSEIS/ marine mammal. High density areas are for a biologically important purpose. SOEIS and this final rule, the following those marine waters where the density, The current scheme is more protective biological criteria, geographic criteria, within a definable area (and potentially because any one of the biological and LF hearing sensitivity factors were time), measurably and meaningfully criteria alone could be a sufficient basis considered in the identification of exceeds the average density of the for designation as an OBIA if it also OBIAs: species or stock within the region. The meets the geographic criterion of falling Biological Criteria—As with other exact basis for the identification of high outside of 12 nmi (22 km) from any biological criteria, critical habitat is density areas may differ across species/ coastline. Second, the current biological considered as one of the possible factors stocks and regions/scales, depending on criteria now include ‘‘small, distinct

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populations with limited distribution,’’ 2017 SURTASS LFA SEIS/SOEIS and OBIAs, four are located within the which also could, standing alone, be a application for rulemaking, and retained current SURTASS LFA sonar Study basis for designation. existing OBIAs; revised/expanded Area (OBIA 16, Penguin Bank, Hawaiian The 2017 NDE for SURTASS LFA existing OBIAs; and added new OBIAs Islands Humpback Whale NMS; OBIA sonar lists the 29 marine mammal to those defined as part of the 2012 20, Northern Bay of Bengal and Head of OBIAs and their effective periods as SURTASS LFA sonar rule (also see the Swatch-of-No-Ground; OBIA 26, geographic mitigation with which the 2019 SURTASS LFA FSEIS/SOEIS, Offshore Sri Lanka; and OBIA 27, Navy must comply for SURTASS LFA Chapter 5, Section 5.3.6.2 and Appendix Camden Sound/Kimberly Region), as sonar activities. These OBIAs resulted C for more detail on OBIAs). Of these 29 indicated in Table 19, below. from analyses conducted as part of the

TABLE 19—MARINE MAMMAL OBIAS OBSERVED FOR SURTASS LFA SONAR DURING THE NDE

Relevant Location/water low-frequency Effectiveness OBIA No. Name of OBIA body marine mammal seasonal period species

16 ...... Penguin Bank, Hawaiian Is- North-Central Pacific Ocean Humpback whale ...... November through April, an- lands Humpback Whale nually. NMS. 20 ...... Northern Bay of Bengal and Bay of Bengal/Northern In- Bryde’s whale ...... Year-round. Head of Swatch-of-No- dian Ocean. Ground (SoNG). 26 ...... Offshore Sri Lanka ...... North-Central Indian Ocean .. Blue whale ...... December through April, an- nually. 27 ...... Camden Sound/Kimberly Re- Southeast Indian Ocean; Humpback whale ...... June through September, an- gion. northwestern Australia. nually.

Since the 2017 SURTASS LFA SEIS/ comprehensive assessment of marine sensitivity factor, as well as the SOEIS and NDE for SURTASS LFA areas as potential OBIAs included practicability criterion to the potential sonar, analysis and assessment of review of the OBIA Watchlist for areas OBIAs. A summary of the number and marine areas as potential OBIAs has located within the Study Area as well as types of marine areas assessed as continued. The Navy and NMFS have a thorough review of the Important potential OBIAs for SURTASS LFA conducted a comprehensive assessment Marine Mammal Areas (IMMAs), sonar and their location relative to the of the available scientific literature, Ecologically or Biologically Significant Study Area and coastal standoff range data, and information on potential Marine Areas (EBSAs), IUCN Green List (12 nmi) and relevancy for marine marine areas in the SURTASS LFA of Protected and Conserved Areas, as mammals is provided in Table 20. Study Area to determine their potential well as marine areas recommended in While we provide a summary of the as OBIAs. Because this rulemaking and public comments on the 2019 SURTASS OBIA analysis here, we direct the reader the 2019 SURTASS LFA FSEIS/SOEIS LFA DSEIS/SOEIS (see Chapter 7 of the have a narrowed geographic scope for 2019 SURTASS LFA FSEIS/SOEIS) and to Chapter 5 and Appendix C of the SURTASS LFA sonar training and on our MMPA proposed rule (84 FR 2019 SURTASS LFA FSEIS/SOEIS for testing activities, review of OBIAs was 7186; March 1, 2019). For this final rule, the complete analysis of all considered similarly scoped to reflect only the we have applied the OBIA biological OBIA areas. current Study Area. Navy and NMFS’ criteria, geographic criteria, and hearing

TABLE 20—NUMBER AND TYPES OF MARINE AREAS ASSESSED AS POTENTIAL OFFSHORE BIOLOGICALLY IMPORTANT AREAS (OBIAS) FOR SURTASS LFA SONAR, AND THEIR LOCATION RELATIVE TO THE STUDY AREA AND COASTAL STANDOFF RANGE (12 nmi) AND RELEVANCY TO MARINE MAMMALS

Number of Number of marine marine areas Number of mammal located marine areas areas Number of in LFA study marine areas Marine area region Total number within study area located in 1 further marine areas area for relevant to study area SURTASS and outside 2 assessed LFA marine the coastal sonar mammals standoff range

OBIA Watchlist Areas

Western North Pacific Ocean ...... 3 3 3 3 3 Central Indian Ocean ...... 1 1 1 1 0

Total OBIA Watchlist ...... 4 4 4 4 3

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TABLE 20—NUMBER AND TYPES OF MARINE AREAS ASSESSED AS POTENTIAL OFFSHORE BIOLOGICALLY IMPORTANT AREAS (OBIAS) FOR SURTASS LFA SONAR, AND THEIR LOCATION RELATIVE TO THE STUDY AREA AND COASTAL STANDOFF RANGE (12 nmi) AND RELEVANCY TO MARINE MAMMALS—Continued

Number of Number of Number of marine marine areas marine areas mammal located areas Number of in LFA study located in marine areas Marine area region Total number within study area 1 further marine areas area for relevant to study area SURTASS and outside 2 assessed LFA marine the coastal sonar mammals standoff range

U.S. ESA Critical Habitat

Central North Pacific Ocean ...... 2 2 2 2 2

UNEP Ecologically or Biologically Significant Areas (EBSAs)

Northeast Indian Ocean ...... 10 10 5 3 3 South and Western Indian Ocean ...... 39 5 1 0 0 East Asian Seas ...... 34 31 9 6 3 7 North Pacific Ocean ...... 20 6 4 4 4 Western South Pacific Ocean ...... 26 2 0 0 0

Total EBSAs...... 129 54 19 13 14

IUCN WCPA–SSC Important Marine Mammal Areas (IMMAs)

Pacific Islands ...... 15 3 3 2 2 Southeast Asian Seas and Northeast Indian Ocean ...... 30 20 20 9 8

Total IMMAs...... 45 23 23 11 10

IUCN Green List of Protected and Conserved Areas

Asian Pacific...... 11 0 0 0 0

Recommended in Public Comments on Draft SEIS/SOEIS and MMPA Proposed Rule 4

Western North Pacific Ocean ...... 41 40 40 21 21 Eastern Indian Ocean...... 52 52 52 27 27

Total Comment Recommendations ...... 93 92 92 48 48 1 At least part of marine area located within study area for SURTASS LFA sonar. 2 At least part of the marine area is located outside the LFA coastal standoff range. 3 Even though the Ogasawara Islands EBSA is located within the coastal standoff range, due to its importance to the endangered humpback whale DPS, this area was further considered. 4 The number of marine areas received in Public Comments includes the newly designated IMMAs (SE Asian Seas and NE Indian Ocean) as well as duplicate marine areas, since some of the same marine areas were noted in comments received both for the 2018 SURTASS LFA DSEIS/SOEIS and MMPA Proposed Rule. Additionally, some of the recommended marine areas were EBSAs for marine mammals. The dupli- cate marine areas have been removed from the total number of marine areas further assessed, but that total number includes marine areas that are designated as IMMAs and EBSA.

Review of OBIA Watchlist Areas—The within the Study Area were further biologically to any marine mammal OBIA Watchlist areas located within the assessed. species, the Navy and NMFS did not Study Area that were re-evaluated The British Indian Ocean Territory- further consider the British Indian include the British Indian Ocean Chagos Islands Marine MPA is a large Ocean Territory-Chagos MPA as a Territory-Chagos Islands Marine MPA, and includes areas outside of the possible OBIA but will retain the area Protected Area (MPA), the Pacific LFA coastal standoff range. All available on the OBIA Watchlist. Remote Islands (PRI) Marine National literature and information were Scientific information and data Monument (MNM), Marianas Trench researched and reviewed; however, as indicate that marine mammals occur in MNM, and the Papaha¯naumokua¯kea was the case when this area was the waters of all the MNMs on the OBIA MNM. Only one unit of the Marianas originally evaluated, very little Watchlist. Scientific data and Trench MNM and only two units and a information is available on the presence information on important biological very small strip of the northern part of of marine mammals in the MPA (Dunne activities conducted by marine mammal a third unit (Kingman Reef/Palmyra et al., 2014) or whether marine species were most available for the Atoll) of the PRI MNM were within the mammals conduct biologically Papaha¯naumokua¯kea MNM, where the boundary of the Study Area (for a important activities in the MPA. Due to majority of the very small population of detailed map see Appendix C of the the lack of supporting information and the ESA-listed endangered Hawaiian 2019 SURTASS LFA FSEIS/SOEIS). data available to demonstrate that the monk seal resides, reproduces, and Thus, only those areas of the MNMs waters of this MPA are important forages, and where critical habitat for

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this species has been designated out to as possible OBIAs, as these areas have central or western North Pacific or the 656-ft (200-m) isobath. Although met the IMMA selection criteria and eastern Indian Oceans. Fifty-four of little information and data are readily have complete supporting data and these EBSAs are located in the available on marine mammals in the information. SURTASS LFA sonar Study Area (see waters of the Marianas Trench MNM All areas designated as IMMAs detailed maps and summary assessment Islands Unit or in the waters of Wake, located in the Study Area were assessed tables in Appendix C of the 2019 Johnson, Palmyra atolls or Kingman as potential OBIAs. Twenty-three SURTASS LFA FSEIS/SOEIS). Nineteen Reef units of the PRI MNM, the Navy IMMAs are located in the study area for of these 54 EBSAs were pertinent to and NMFS conducted a thorough review SURTASS LFA sonar (see detailed maps marine mammals under NMFS’ of the available data for these areas. Due and summary assessment tables in jurisdiction, and only 14 of these areas to the lack of supporting information Appendix C of the 2019 SURTASS LFA are located at least partially outside the and data available to demonstrate that FSEIS/SOEIS). Of the 15 Pacific Islands coastal standoff zone. One of these areas the waters of the PRI MNM in the Study IMMAs, three are located within the was pertinent only to coastal/inshore Area are important biologically to any SURTASS LFA sonar Study Area in the species of marine mammals and was not marine mammal species, the Navy and North Pacific Ocean: The Northwest carried forward. In addition, the NMFS did not further consider the PRI Hawaiian Islands, Main Hawaiian Ogasawara Islands EBSA was also MNM as a possible OBIA but will retain Archipelago, and Southern Shelf carried forward for additional review, the area on the OBIA Watchlist. Waters/Slope Edge of Palau. However, even though the EBSA is located Sufficient information and data were only the Northwest Hawaiian Islands entirely within the coastal standoff zone available to support designation of and Main Hawaiian Archipelago IMMAs for SURTASS LFA sonar. In recognition OBIAs in the waters of the have some part of their area located of the importance of the Ogasawara area Papaha¯naumokua¯kea MNM and the outside the coastal standoff zone for as a migrational waypoint and breeding/ Marianas Trench MNM (for a detailed SURTASS LFA sonar; the geographic calving area for the endangered WNP analysis of these areas see Appendix C extent of the Palau IMMA is entirely DPS and stock of humpback whales, the of the 2019 SURTASS LFA FSEIS/ located within the coastal standoff range waters beyond the coastal standoff zone SOEIS). for SURTASS LFA sonar and therefore of the Ogasawara Islands were assessed does not meet the geographic criteria for to determine if an areal extent could be Review of Important Marine Mammal consideration as an OBIA. Sufficient defined in which the important Areas (IMMAs) as OBIAs—IMMAs are information and data were available to migrational or reproductive behavior of defined by the Marine Mammal support designation of OBIAs in the humpback whales occurs and if data Protected Areas Task Force (MMPATF), waters of the Northwestern Hawaiian were sufficient to support the which is comprised of partners from the Islands and the Main Hawaiian determination. Therefore, 14 EBSAs International Union for Conservation of Archipelago IMMAs (for a detailed were carried forward for additional Nature (IUCN) World Commission on analysis of these areas see Appendix C assessment as potential OBIAs. Protected Areas (WCPA); IUCN Species of the 2019 SURTASS LFA FSEIS/ Review of IUCN Green List of Survival Commission (SSC); SOEIS). Protected and Conserved Areas as International Committee on Marine Thirty IMMAs were designated in the OBIAs—The IUCN Green List of Mammal Protected Areas (ICMMPA); North East Indian Ocean and South East Protected and Conserved Areas has been Tethys Research Institute; Whale and Asian Seas (MMPATF, 2019) (see generated as part of an IUCN program Dolphin Conservation (WDC); Global detailed maps and summary assessment that aims to encourage, achieve, and Ocean Biodiversity Initiative (GOBI), tables in Appendix C of the 2019 promote effective, equitable, and and Water Evolution organizations. SURTASS LFA FSEIS/SOEIS). Of these successful protected areas with a These areas are defined as discrete 30 IMMAs, 20 are located at least principal goal of increasing the number portions of habitat that are important to partially within the SURTASS LFA of protected and conserved areas that one or more marine mammal species; Study Area, with nine of these located are effectively and equitably managed represent priority sites for marine at least partially outside of the coastal and deliver conservation outcomes. The mammal conservation worldwide standoff zone. Additionally, one was basis of the IUCN Green List Programme without management implications; and only relevant to inshore species. Eight of is the Green List Standard, which is a merit protection and monitoring. IMMA the North East Indian Ocean and South set of components, criteria, and selection criteria are designed to capture East Asian IMMAs were carried forward indicators for successful protected area aspects of the biology, ecology, and for additional assessment as potential conservation and international population structure of marine OBIAs. benchmarks for quality to provide mammals, and a candidate IMMA need Review of Ecologically or Biologically improved performance and achievement only satisfy one of the following criteria Significant Marine Areas (EBSAs) as of conservation objectives (IUCN, 2018). and/or sub-criteria to successfully OBIAs—EBSAs are an effort of the Eleven of the 25 Green List areas are qualify for IMMA status: Criterion A— Convention on Biological Diversity located within the SURTASS LFA sonar Species or Population Vulnerability; (Convention), which was initiated by Study Area, but all are terrestrial parks Criterion B—Distribution and the United Nations Environment or reserves, and none of the IUCN Green Abundance; Criterion C—Key Life Programme (UNEP). The Convention is List Protected or Conserved Areas Activities; or Criterion D—Special an international legal instrument for the encompass any marine waters. For this Attributes. To date, IMMAs have been conservation and sustainable use of reason, no IUCN Green List areas were identified in the western and central biological diversity. EBSAs are defined further considered as potential OBIAs. Pacific Ocean, Mediterranean Sea, and as special marine areas that serve Review of Areas Recommended the North East Indian Ocean and South important purposes that ultimately Through Public Comment as OBIAs—In East Asian Seas (MMPATF, 2018; 2019). support the healthy functioning of addition to evaluation of OBIA IMMAs are divided into three oceans and thus should have increased Watchlist areas, EBSAs, IMMAs, IUCN categories: IMMAs, candidate IMMAs, protection and sustainable management. Green List of Protected and Conserved and areas of interest. Only areas Currently there are 278 EBSAs defined Areas (discussed above), and Critical designated as IMMAs were considered worldwide, 129 of which are within the Habitat areas (discussed below), NMFS

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and the Navy evaluated areas that were During the assessment, marine areas practicable to implement. As a result, 14 suggested as OBIAs in public comments were combined if they were designated new marine mammal OBIAs for received on the 2018 SURTASS LFA for the same geographic area (e.g., the SURTASS LFA sonar have been DSEIS/SOEIS and the proposed rule (84 Gulf of Mannar where an EBSA and designated (Table 21) (see detailed maps FR 7186; March 1, 2019). Ninety-three IMMA have been designated) or if and supporting information for each marine areas were recommended for different species of marine mammals designated OBIA in Appendix C of the consideration as OBIAs during the were designated in the same marine area 2019 SURTASS LFA FSEIS/SOEIS). All public comment periods. These areas (e.g., humpback and sperm whales in four of the OBIAs previously designated included 30 IMMAs for the Southeast the Ogasawara region). This in the SURTASS LFA Study Area (see Asian Seas and Northeast Indian Ocean combination of areas resulted in 33 Table 19) have been expanded spatially. designated in February 2019. Many of marine areas being considered as Former OBIA 16, Penguin Bank, is now the comments on the 2018 SURTASS potential OBIAs (see Table 5–2 and part of the much larger Main Hawaiian Appendix C in the 2019 SURTASS LFA LFA DSEIS/SOEIS and the proposed Islands OBIA, while OBIA 20, Northern FSEIS/SOEIS). Of these 33, the Navy’s rule recommended the same marine Bay of Bengal/Swatch-of-No-Ground and NMFS’ assessment resulted in 14 areas, so after duplicate areas were candidate OBIAs representing 17 of the (SoNG) is now encompassed in the removed, 69 marine areas remained marine areas. Some OBIAs, such as the SoNG OBIA, and the Offshore Sri Lanka, were assessed. Only one of the blue and humpback whale OBIAs for OBIA #26, is now part of the more recommended marine areas was not Western Australia, encompassed several encompassing Sri Lanka OBIA. Last, located within the SURTASS LFA sonar marine areas, which is why the number OBIA #27, Kimberly-Camden Sound Study Area (Commander Islands). The of candidate OBIAs is smaller than the was greatly expanded to become the remaining 68 marine areas, including number of marine areas represented. Western Australia (Humpback Whale) the 30 newly designated IMMAs, were The 14 candidate OBIAs (representing OBIA. A list of the areas added to the assessed in the context of the criteria for 17 areas) underwent Navy practicability Watchlist can be found at https:// OBIAs. Of these 68 recommended review. The Navy determined that these www.fisheries.noaa.gov/action/ marine areas, 48 were carried forward OBIAs in the SURTASS LFA sonar incidental-take-authorization-us-navy- for assessment as potential OBIAs Study Area and the relevant seasonal operations-surveillance-towed-array- (Table 20). effectiveness periods would be sensor-system-0.

TABLE 21—DESIGNATED MARINE MAMMAL OFFSHORE BIOLOGICALLY IMPORTANT AREAS (OBIAS) IN THE SURTASS LFA STUDY AREA

Low-frequency marine Effective seasonal OBIA No. OBIA name Ocean area mammal species period

1 ...... Main Hawaiian Islands 1 ... Central North Pacific ...... Humpback whale ...... November to April. 2 ...... Northwestern Hawaiian Is- Central North Pacific ...... Humpback whale ...... December to April. lands. 3 ...... Mariana Islands ...... Western North Pacific ...... Humpback whale ...... February to April. 4 ...... Ryukyu-Philippines ...... Western North Pacific ...... Humpback whale ...... January to April. 5 ...... Ogasawara Islands Western North Pacific ...... Sperm whale ...... June to September. (Sperm Whale). 6 ...... Ogasawara-Kazin Islands Western North Pacific ...... Humpback whale ...... December to May. (Humpback Whale). 7 ...... Honshu ...... Western North Pacific ...... Gray whale ...... January to May. 8 ...... Southeast Kamchatka ...... Western North Pacific ...... Humpback, fin, Western North Pacific June to September. gray, and North Pacific right whales. 9 ...... Gulf of Thailand ...... Eastern Indian Ocean ...... Bryde’s whale ...... April to November. 10 ...... Western Australia (Blue Eastern Indian Ocean ...... Blue (pygmy) whale ...... May to November. Whale). 11 ...... Western Australia (Hump- Eastern Indian Ocean ...... Humpback whale ...... May to December. back Whale) 2. 12 ...... Southern Bali ...... Eastern Indian Ocean ...... Bryde’s, sei, humpback, Omura’s, and October to November. sperm whales. 13 ...... Swatch-of-No-Ground Northern Bay of Bengal .... Bryde’s whale ...... Year-round. (SoNG) 3. 14 ...... Sri Lanka 4 ...... Eastern Indian Ocean ...... Blue (pygmy) and sperm whales ...... October to April. 1 Expansion of existing OBIA #16, Penguin Bank. 2 Expansion of existing OBIA #27, Kimberly-Camden Sound. 3 Expansion of existing OBIA #20, Northern Bay of Bengal/SoNG. 4 Expansion of existing OBIA #26, Offshore Sri Lanka

Other Geographic Mitigation above, we expect to decrease the considered in the context of the LPAI Considerations likelihood and/or scale of impacts on standard. Below we address some other marine mammal species or stocks. factors that NMFS and the Navy Above, we describe a comprehensive However, the inclusion of this focused considered in the development of the process and set of criteria for identifying OBIAs, which, when used in and systematic process and criteria for final rule. conjunction with the limits on designating OBIAs does not mean that SURTASS LFA sonar transmission other mitigation, including specific levels in and around them described time/area restrictions, could not be

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ESA-Designated Critical Habitat waters at levels above 145 dB re: 1 mPa Regarding prey availability (large Under section 7 of the ESA, all rms. Main Hawaiian Islands and pelagic fish and squid) of sufficient Federal agencies must ensure that any Northwestern Hawaiian Islands OBIAs quantity, quality, and availability to actions they authorize, fund, or carry (designated in this final rule), effective support individual growth, out are not likely to jeopardize the from November to April and December reproduction, and development, as well continued existence of a listed species to April, respectively, encompass the as overall population growth of false or destroy or adversely modify its critical habitat for Hawaiian monk seal. killer whales, no mortality of marine designated critical habitat. ESA- During this time, the received levels in invertebrates is reasonably expected to designated critical habitat is not waters within 1 km of these OBIAs will occur from exposure to LFA sonar designated in foreign countries or any not exceed 180 dB re: 1 mPa (rms). training and testing activities nor are other areas outside of U.S. jurisdiction. The ESA-designated critical habitat population level effects likely. Thus, Critical habitat within the U.S. EEZ for the MHI insular false killer whale marine invertebrates such as squid implicated by SURTASS LFA sonar (MHI IFKW) DPS includes waters from would not reasonably be adversely activities has been designated for two of the 148- to 10,499-ft (45-to 3,200-m) affected by SURTASS LFA sonar the relevant ESA-listed marine mammal depth contours around the MHI from training and testing activities such that species, Hawaiian monk seals and the Niihau east to Hawaii. MHI IFKWs are their availability (or other prey Main Hawaiian Island (MHI) Insular island-associated whales that rely availability) would be diminished (also DPS of false killer whales. Effects to entirely on the productive submerged refer to Chapter 3, section 3.4.2.1 of the ESA-designated critical habitat are habitat of the main Hawaiian Islands to 2019 SURTASS LFA FSEIS/SOEIS for a explicitly addressed through the section support all of their life-history stages, discussion of why marine invertebrates 7 consultation process under the ESA. and their range is restricted to the shelf are not reasonably likely to be adversely Notably, the ESA biological opinion for and slope habitat around the MHI, impacted by SURTASS LFA sonar the Navy’s SURTASS LFA sonar unlike pelagic false killer whales found training and testing activities). Marine activities and this MMPA rule more in open oceans. Because of the fishes, however, may be affected by concludes that they are not likely to habitat characteristics that are important exposure to LFA sonar transmissions, adversely affect the relevant designated components to the ecology of these but only if they are located within close critical habitat for those species. whales, NMFS identified a single proximity (<0.54 nmi (<1 km)) to the Some of the characteristics of ESA- feature, island-associated marine transmitting sonar source. The Navy’s designated critical habitat are also habitat, with four characteristics that analysis indicates a minimal to germane to the identification of OBIAs support this feature as essential to their negligible potential for an individual or other mitigation under this conservation. The four characteristics fish to experience non-auditory or rulemaking. However, critical habitat include: (1) Adequate space for auditory effects or a stress response also considers physical as well as movement and use within shelf and from exposure to SURTASS LFA sonar biological features and may also slope habitat; (2) prey species of transmissions. A low potential exists for consider areas that are currently sufficient quantity, quality, and minor, temporary behavioral responses unoccupied by the species. Therefore, availability to support individual or masking effects to an individual fish not all critical habitat necessarily growth, reproduction, and development, when LFA sonar is transmitting, but no qualifies as an OBIA or is appropriate as as well as overall population growth; (3) potential is estimated for fitness level a basis for other time/area restrictions waters free of pollutants of a type and consequences to fish stocks. Since it is for SURTASS LFA sonar when amount harmful to MHI IFKWs; and (4) highly unlikely that a significant considering mitigation under the sound levels that will not significantly percentage of any prey stock would be MMPA. As it pertains to the potential impair the whales’ use or occupancy. in sufficient proximity during LFA inclusion of these areas as OBIAs, we Some Navy and other Federal agency sonar transmissions to experience such note that neither of these two ESA-listed areas, such as the Pacific Missile Range effects, there is minimal potential for species is a LF hearing specialist or Facility offshore ranges, are excluded LFA sonar to affect prey fish stocks. sensitive to SURTASS LFA sonar in a from the critical habitat designation Thus, no adverse effects are reasonably manner that would otherwise justify (NOAA, 2018). In most areas of the expected on the quantity, quality, and additional species-specific mitigation on waters surrounding the MHI, the coastal availability of prey fishes as the result their behalf, given the existing standoff range for SURTASS LFA (12 of exposure to SURTASS LFA sonar protections of the Navy’s three-part nmi (22 km)) is located closer to shore training and testing activities. detection and shutdown protocols and than the seaward boundary of the Accordingly, SURTASS LFA sonar coastal standoff zone. critical habitat for the MHI Insular DPS training and testing activities would not Nearly all of the ESA-designated of the false killer whale (i.e., some of the significantly impact the biological critical habitat for the Hawaiian monk critical habitat is beyond the coastal characteristics of prey availability of the seal lies within the coastal standoff standoff range). The Main Hawaiian MHI IFKW DPS’s designated critical distance for SURTASS LFA sonar. A Islands OBIA (designated in this final habitat. small area of the monk seal’s critical rule) encompasses some of the critical Regarding the underwater sound habitat at Penguin Bank extends beyond habitat, but a portion of the critical produced by SURTASS LFA sonar, it the 22-km (12-nmi) coastal standoff habitat lies beyond the OBIA. However, would not be expected to ‘‘significantly distance, which is part of the Main as discussed above, part of the CZMA impair false killer whale’s use or Hawaiian Islands OBIA (designated in stipulations for SURTASS LFA sonar occupancy’’ due both to the small scale this final rule). Per the CZMA use in Hawaiian waters required the of the activity (small number of vessels consultation with the State of Hawaii for Navy to agree not to use SURTASS LFA operating across two ocean basins, SURTASS LFA sonar, the Navy agreed sonar in the waters over Penguin Bank meaning that any individual marine not to operate SURTASS LFA sonar in to a water depth of 600 ft (183 m) and mammal would be expected to be the waters of Penguin Bank to the 600- to limit ensonification within Hawaii exposed for only a short amount of time) ft (183-m) isobath. In addition, the Navy state waters (out to 3 nmi) to 145 dB re: and the frequency of the SURTASS also agreed not to ensonify Hawaii state 1 mPa rms. signal, which is not in the range of

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higher sensitivity for this species and activities other than SURTASS LFA temporal relationships between basic would not be expected to interfere with sonar. environmental conditions and a given their communication. Further, required The Navy’s 2007 SURTASS LFA species’ presence’’ to ‘‘develop a generic shutdowns are expected to minimize SEIS/SOEIS evaluated increasing the quantitative approach to predict the false killer whale exposure to high coastal standoff distance up to 46 km average annual geographic ranges’’ of sound levels and the Navy’s (25 nmi) and, based on a six-step marine mammal species on a global implementation of a coastal standoff analysis process, determined that scale. Several environmental correlates zone means that SURTASS LFA training increasing the coastal standoff range including depth, sea surface and testing is not occurring across much would decrease exposure to higher temperature, distance to land, and mean of the critical habitat. No aspect of received levels for concentrations of annual distance to ice edge were used SURTASS LFA sonar training and marine animals closest to shore, but in the Kaschner effort. After evaluating testing activities would reasonably be would do so at the expense of increasing four case studies from the Kaschner et expected to impact the spatial use of exposure levels for shelf break and al. (2006) study for predicting gray false killer whales. As a result, the use pelagic species. There have been no whale, northern right whale dolphin, of SURTASS LFA sonar for training and changes to the best available North Atlantic right whale, and narwhal testing activities in Hawaiian waters information or other indications that the distribution, the authors of the White would not reasonably be expected to coastal standoff distance should be Paper concluded that ‘‘(t)he predictions have any impact on the physical increased, so there is no change in this from the four case studies . . . included characteristics of the false killer whale mitigation measure from previous errors of omission (exclusion of areas of critical habitat since neither the spatial rulemakings. In addition, any areas known habitat) and commission availability nor sound levels in the beyond the 12 nmi coastal standoff can (inclusion of areas that are not known continental shelf and slope habitat still be considered for mitigation, such to be habitat) that could have important would be significantly impacted. As as through the OBIA process. implications if the model predictions noted, NMFS is not recommending White Paper on ‘‘Identifying Areas of alone were used for decision making in additional geographic mitigation in this Biological Importance to Cetaceans in a conservation or management context.’’ Specifically, the White Paper area. Data-Poor Regions’’ illustrated that the Kaschner et al. effort Both the Navy and NMFS Protected As described earlier, for the 2012 omitted a considerable portion of Resources Permits and Conservation rulemaking, NMFS convened a panel of known gray whale habitat; Division consulted with NMFS subject matter experts (SMEs) to help overestimated the range of suitable Protected Resources Interagency identify marine mammal OBIAs relevant habitat for northern right whale Cooperation Division on effects on to the Navy’s use of SURTASS LFA dolphins off the U.S. West Coast (noting critical habitat pursuant to section 7 of sonar. Separately, we consulted a NMFS that species-specific models based on the ESA. scientist, who was also on that same dedicated shipboard surveys more Coastal Standoff Zone SME panel, to help address a correctly identified suitable habitat); recommendation in a public comment predicted habitat for North Atlantic The Navy will restrict training and that NMFS consider a global habitat right whales in large areas where they testing activities utilizing SURTASS model (Kaschner et al., 2006) in the have never been recorded; and LFA sonar within 22 km (14 mi; 12 nmi) development of OBIAs. In addition to predicted suitable habitat for narwhal of any coastline, including islands, such providing the requested input (which that did not correspond with their that the SURTASS LFA sonar-generated essentially concluded that using the known distribution. Noting that these sound field will not exceed a received Kaschner model was not advisable, for significant inaccuracies in the model level of 180 dB re: 1 mPa rms at that several reasons), the NMFS scientist, in could result in either under-protection seaward distance. This measure is conjunction with other NMFS scientists, or over-restrictiveness, the authors of intended to minimize both the severity went further and provided some the White Paper did not recommend and scale of effects to marine mammals guidance for alternate methods for basing the identification of biologically and, by extension, marine mammal considering ‘‘data poor areas’’ and important areas on this modeling. species and stocks, by avoiding areas drafted a paper entitled ‘‘Identifying NMFS concurred with this where many biologically important Areas of Biological Importance to recommendation and elected not to use behaviors and higher densities of many Cetaceans in Data-Poor Regions’’ the Kaschner paper, or other similar species that may be found in coastal (referred to in this notice as the ‘‘White predictive envelope models as a basis areas occur. In the past, some Paper’’). NMFS’ consideration of the for identifying additional protective commenters have recommended the White Paper was discussed in the 9th areas in the 2012 SURTASS LFA sonar Navy implement a larger coastal Circuit’s ruling on our 2012 final rule, incidental take rule. standoff zone than what we proposed. and as a consequence we provide here Clarification of Concepts Raised in We reiterate that as noted in 2012 final some additional details and background White Paper rule (77 FR 50290; August 20, 2012), regarding our consideration of the White approximately 80 percent of known and Paper recommendations for this In NRDC v. Pritzker, referring to the potential marine protected areas are rulemaking. White Paper and its specific within the 22 km (12 nmi) coastal recommendations that NMFS did not standoff zone, an indication of this Kaschner et al. (2006) Recommendation adopt for identification of OBIAs, the measure’s effectiveness, and it is As requested, the White Paper authors 9th Circuit stated that NMFS, in its 2012 practicable. Additionally, this reviewed the Kaschner et al. (2006) rule, ‘‘did not give adequate protection restriction limits exposures of marine paper in the context of potential to areas of the world’s oceans flagged by mammals to high-level sounds in the mitigation for SURTASS LFA sonar. The its own experts as biologically vicinity of geographical features that Kaschner et al. (2006) paper used important, based on the present lack of have been associated with some models based on a synthesis of ‘‘existing data sufficient to meet the Fisheries stranding events (i.e., enclosed bays, and often general qualitative Service’s (OBIA) designation criteria, narrow channels, etc.) attributed to observations about the spatial and even though NMFS’ own experts

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acknowledged that (f)or much of the restrictions in OBIAs, which further (1) Designation of all continental shelf world’s oceans, data on cetacean limit potentially more significant waters and waters 100 km seaward of distribution or density do not exist.’’ impacts in areas that are known to be the continental slope as biologically NRDC v. Pritzker, 828 F.3d at 1142. biologically important to the species important habitat for marine mammals; Although the White Paper authors that are more susceptible to the (2) Establishment of OBIAs within utilized the term ‘‘biological SURTASS LFA sonar signal. Finally, we 100 km of all islands and seamounts importance’’ in the title of the paper, discuss the limited and uncertain that rise within 500 m of the surface; they clearly stated that ‘‘it must be additional protective value that the and decided whether the list of OBIAs White Paper recommendations would (3) Nomination of high productivity should be comprehensive (based on a be expected to provide for marine regions that are not included in the ‘precautionary approach’) or pure (based mammal individuals, much less species continental shelf, continental slope, on the ‘minimalist approach’),’’ and or stocks. After considering all of this seamount, and island ecosystems above explicitly declined to provide an information, in addition to the as biologically important areas. answer. Specifically, they indicated ‘‘it information provided by the Navy These recommendations were must be decided whether to be indicating that further restricting evaluated (see below) in the context of precautionary and possibly nominate SURTASS LFA sonar training and the proposed SURTASS LFA sonar areas that are of marginal importance in testing in the areas recommended in the training and testing activities and the an attempt to minimize the chances of White Paper would be impracticable, mitigation measures proposed to be overlooking biologically important NMFS determined that the use of the implemented to minimize impacts on areas’’ or ‘‘minimize the chances of White Paper recommendations was not the affected marine mammal species or nominating sites that are of marginal appropriate. stocks from these activities. To reiterate, NMFS has required biological importance and, therefore, White Paper Specific Recommendations several mitigation measures for risk overlooking biologically important SURTASS LFA training and testing areas.’’ Then, the authors suggested While the White Paper authors sonar activities that: (1) Minimize or three general recommendations for essentially disqualified the specific alleviate the likelihood of injury (PTS), decision making based upon a extrapolative predictive results of the Kaschner model based on validating TTS, and more severe behavioral precautionary approach if that is the responses (the 2,000-yd LFA mitigation/ method selected by the decision maker, them against known data, they nevertheless recommended broader buffer zone); (2) additionally minimize as discussed further below. protections based on fewer or avoid behavioral impacts in known However, the recommendations of the environmental variables, to be used if important areas (which includes White Paper present a dichotomous NMFS determined that a ‘‘precautionary important habitat) that would have a ‘‘precautionary versus non- approach’’ was appropriate. Although higher potential to have negative precautionary’’ choice, an interpretation the current White Paper energetic effects or deleterious effects on that fails to consider the context of the recommendations are grounded in some reproduction that could reduce the requirements of the MMPA, the nature sound broad ecological principles, likelihood of survival or reproductive of the anticipated effects of the action at basing mitigation on the ‘‘precautionary success (OBIAs); and (3) generally issue, and the other mitigation approach’’ considered by the White lessen the total number of takes of many measures. More appropriately, NMFS Paper authors suffers from some of the species with coastal or shelf habitat has fully and independently considered same types of weaknesses as using the preferences (coastal standoff). The each of the White Paper’s three Kaschner model or other nature and context of how LFA sonar is recommendations in the context of the ‘‘environmental envelope’’ approaches. used in training and testing activities MMPA’s LPAI standard, as described In the 2012 SURTASS LFA sonar rule, (small number of vessels operating in below. In that analysis, we first note the NMFS evaluated the White Paper solely open ocean areas and typically using small scale of the anticipated effects of through the lens of the OBIA process, active sonar only sporadically) is such the Navy’s request for authorization and determined that the that impacts to any individual are (496–592 hours/year of SURTASS LFA recommendations presented were not expected to be limited primarily sonar spread across two ocean basins) appropriate for identification of OBIAs, because of the short duration of and the low magnitude and severity of which may have limited fuller exposure to any individual mammal. In impacts expected to any individual consideration of the recommendation. addition, as explained above, an animal marine mammals (relatively short-term For this rulemaking, NMFS would need to be fairly close to the exposures given the spatial scale of the independently examined the White source for the entire length of a vessels’ movement), even in the absence Paper’s specific recommendations in the transmission (60 sec) to experience of mitigation, given the nature of the context of the LPAI standard to injury, and exposures occur in open activities. Then we note the robust determine whether following those water areas where animals can more shutdown measures that utilize the recommendations is warranted to readily avoid the source and find highly effective visual, passive acoustic, minimize the impacts from SURTASS alternate habitat relatively easily. In and active acoustic detection methods LFA sonar training and testing activities addition, highly effective mitigation that are in place for all areas and times on the affected marine mammal species measures would be implemented that to avoid marine mammal injury as well or stocks. This consideration was done further ensure impacts are limited to as minimize TTS and more severe outside of the OBIA designation lower-level responses with limited behavioral responses, belying claims process, and is consistent with the potential to significantly alter natural that we treat data-poor areas as though consideration of the LPAI criteria behavior patterns in ways that would they are equivalent to zero-density areas described above when determining affect the fitness of individuals and by or areas of no biological importance. appropriateness of mitigation measures. extension the affected species or stocks. Next, we discuss the coastal standoff The White Paper recommended the SURTASS LFA sonar operates from zone, which minimizes take of many following general guidelines based on 100 to 500 Hz. These frequencies are far species with coastal habitat preferences. ecological principles to identify areas of below the best hearing sensitivity for We then examine the activity biological importance for cetaceans: MF and HF species. HF species have

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their best hearing between around 60 effective if implemented; the likelihood from the continental shelf or slope (well and 125 kHz, which means that a sound of successful implementation. beyond 100 km of the slope), and the at 500 Hz (and below) has to be at least Practicability of implementing the same was found for sperm whales. Some 50 dB louder for HF species to hear it measure is also assessed and may mysticetes do show higher densities on as well as a sound in their best hearing involve consideration of such things as the continental shelf, and some have range. MF cetaceans have their best cost, impact on operations, and, in the higher densities along the continental hearing between around 40 and 80 kHz, case of a military readiness activity, slope, which may also vary among which means that at 500 Hz and below, personnel safety, practicality of seasons (e.g., fin whales on the east the sound has to be 40 dB louder, or implementation, and impact on the coast). Generally, density information more, for this group to hear the sound effectiveness of the military readiness from the Atlantic showed some as well as a sound in their best hearing activity (16 U.S.C. 1371(a)(5)(A)(ii)). enhanced densities along the slope, but range. In other words, these species Taking into account the above only for certain species in certain have to be much closer to a sound at the considerations, NMFS’ evaluation of the seasons, and did not indicate frequency of SURTASS LFA sonar to White Paper’s recommendations is universally high densities along the hear it, which means that generally they described below: slope. There are many factors that have to be much closer to the SURTASS Continental shelf waters and waters influence the spatial and temporal sonar source for it to cause PTS, TTS, 100 km seaward of continental slope distribution and abundance of or a behavioral response. Additionally, Consideration of potential for cetaceans, including environmental during the 1997 to 1998 SURTASS LFA reduction of adverse impacts to marine variables such as physiochemical, Sonar LFS SRP, numerous odontocete mammal species and stocks and their climatological, and geomorphological species (i.e., MF and HF hearing habitat—The Navy already implements variables operating on times scales specialists) and pinniped species were a coastal standoff zone of 22 km (14 mi; ranging from less than a day to sighted in the vicinity of the sound 12 nmi), which includes large parts of millennia; biotic variables, such as prey exposure tests and showed no the continental shelf around the world, distribution, competition among other immediately obvious responses or includes parts of the slope in some species, reproduction, and predation; areas, and reduces potential takes of changes in sighting rates as a function and anthropogenic factors, such as many marine mammal species and of source conditions, which likely historical hunting, pollution, ship stocks with coastal habitat preferences. produced received levels similar to activity, etc. (Davis et al., 1998). In addition, under this rulemaking, the those that produced minor short-term Humpback whales (especially around Navy is not able to deploy and utilize behavioral responses in the baleen Cape Hatteras) seem to show some SURTASS LFA sonar for training and whales (i.e., LF hearing specialists). higher densities around the slope, but testing within any foreign nations As described in the 2012 rule, NMFS also seaward of the slope, especially in territorial seas, which encompasses an believes that MF and HF odontocete winter. However, the slope is closer to area up to 12 nmi (depending on the hearing specialists have such reduced the shore around Cape Hatteras than distance each nation claims). The White sensitivity to the LFA sonar source that most places along the eastern seaboard, limiting ensonification in OBIAs for Paper provided little basis for the 100 km buffer seaward of the continental and while humpbacks may show higher those animals would not afford densities along the slope in this area, meaningful protection beyond that slope and we have found no specific literature to support such a broad buffer the same cannot be said of humpbacks which is already incurred by further south (i.e., in Florida) where the implementing a shutdown when any in all areas. Therefore, in the context of slope is much further offshore. Right marine mammal enters the 2,000-yd this evaluation, NMFS first considered whales show higher densities closer to LFA sonar mitigation zone. For the same if there was evidence of the importance shore along the Atlantic coast, while reason, our discussion of the White of the continental slope itself, without sperm whales are farther out past the Paper recommendations is limited to any consideration for a buffer. slope on the Atlantic coast, as they are low frequency sensitive species. We In support of understanding the deep divers. Density data from the note the White Paper’s additional value of expanding this Pacific coast show higher densities of recommendations for mitigation in data- standoff to 100 km beyond the blue whales on the shelf and slope, poor areas similarly were solely for continental slope margin, NMFS while fin whales and sperm whales are cetaceans. assessed known marine mammal As noted previously, in evaluating density information for low frequency observed in waters beyond the mitigation for species or stocks and their hearing specialists from the U.S. East continental slope. Gray whales show habitat, we consider the expected (Roberts et al., 2016) and West coasts higher densities closer to shore along benefits of the mitigation measures for and compared these densities to the Pacific coast, while humpbacks the species or stocks and their habitats bathymetry, specifically looking at areas seem to be along the slope and beyond against the practicability of of high density compared to the in some places. Using the continental implementation. This consideration continental shelf and slopes on both United States densities of these lower includes assessing the manner in which, coasts (NOAA, 2009). This assessment frequency sensitive species as examples and the degree to which, the and comparison focused on the U.S. showed that densities are sometimes implementation of the measure(s) is East and West coasts as an example higher within 100 km of the slope, but expected to reduce impacts to marine because relatively more data is available are often higher elsewhere (off the mammal species or stocks (including for these waters. The comparison slope) and many of these high density through consideration of expected showed that mapped areas of highest areas are highly seasonal. reduced impacts on individuals), their densities are not always related to the As stated above, NMFS looked at habitat, and their availability for slope or shelf. For example, while fin these areas because relatively more data subsistence uses (where relevant). This whales in the eastern U.S. waters show are available and, since comparisons in analysis will consider such things as the relatively higher densities on the these areas do not consistently show nature of the proposed activity’s adverse continental shelf and slope, relatively strong correlation of high densities with impact (likelihood, scope, range); the higher densities of fin whales in western the continental slope, it is reasonable to likelihood that the measure will be U.S. waters are much farther out to sea infer the same inconsistent relationship

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for other slope/shelf areas where there mammals. Therefore, the other additional mitigation. Therefore, are even fewer data. As discussed mitigation measures (which are considered with the uncertain potential below, there is no scientific basis for currently in effect) would already limit of this proposed recommendation to NMFS to conclude that geographical most take of marine mammals to less provide meaningful incremental restrictions for these data-poor areas severe Level B harassment (e.g., short reduction of risk or severity of impacts would reduce adverse impacts to marine periods of changes to swim speed or to individual marine mammals, NMFS mammal species or stocks or their calling patterns; alterations of dive concludes that this recommendation habitat. Therefore, restricting SURTASS profiles, etc.). As a result, there is little would not reasonably be expected to LFA sonar training and testing activities to no indication that there is a risk to provide a reduction in the probability or within 100 km of the entire continental marine mammal species or stocks that degree of effects on any marine mammal shelf and slope is of questionable value would be avoided or lessened if waters species or stocks. as a mitigation measure to avoid areas 100 km seaward of the continental slope In addition to the mitigation measures of higher densities of marine mammal were subject to restrictions. in place for SURTASS LFA sonar that species or stocks, and further, would Of note, in many areas the waters of would already provide protection for restrict these activities in large areas of the continental shelf/slope will be continental shelf/slope waters, it is the open ocean that we know do not afforded significant protection due to important to note that there are harbor high densities of marine the coastal standoff mitigation measure. currently a total of four SURTASS LFA mammals (especially when the 100-km In addition, review of designated OBIAs sonar ships that would be training and buffer is considered). reveals that the majority include testing with up to a maximum of 496 We said in the OBIA context that continental shelf/slope areas and similar transmission hours total, pooled across although we are identifying ‘‘known’’ coastal waters. The Navy will also all vessels, per year in years one through biologically important areas, other transmit no more than 25 percent of the four. While the Navy plans to add biologically important areas have yet to authorized amount (transmission hours) additional vessels beginning in year 5, be identified, due to limited data. of SURTASS LFA sonar for training and the total transmission hours would be However, it is important to realize that testing activities within 10 nmi (18.5 capped at 592 hours total, regardless of much more research is conducted close km) of any single OBIA during any year the number of vessels. It is not known, to shore, in the United States and (no more than 124 hours in years 1–4 nor does the Navy indicate in its plans, internationally, and typically areas and 148 hours in years 5–7). Therefore, whether activities of these existing or within 100 km of the slope are less to the extent that some portion of the proposed new vessels would be focused likely to be data-poor compared to other shelf/slope waters are important in any specific area. It is likely, based areas. In areas where there is extensive habitats, many are afforded protection on past monitoring reports, that the data on marine mammal density and use due to the geographical restrictions activities of the multiple vessels are (e.g., in the continental US EEZ), it may already in place (coastal standoff and spatially separated and not concentrated be inappropriate to use broader OBIAs), and NMFS has determined that in a single area, and that they would not principles that could be helpful in the best available information justifies necessarily overlap marine mammal identifying protected areas in data-poor these measures under our evaluation high-density areas for an extended areas. NOAA, Navy, other agencies, and framework set forth above. period of time. However, as noted, the many independent researchers have Given the proposed mitigation Navy will transmit no more than 25 been conducting marine mammal measures, many of which are already in research throughout the U.S. EEZ (200 place under the NDE and have been in percent of the authorized amount mi from shore) for decades. The effect for many years under prior rules, (transmission hours) of SURTASS LFA prevalence of research makes it less takes of marine mammals would be sonar for training and testing activities likely that important areas closer to limited to Level B harassment in the less within 10 nmi (18.5 km) of any single shore have been overlooked. severe range of behavioral reactions and OBIA during any year, which means no NMFS acknowledges that large ocean some TTS, as described above. more than 124 hours in years 1–4 and areas such as the continental shelf and Consequently, the only additional 148 hours in years 5–7. slope and seamounts may include anticipated value to restricting activities Consideration of practicability for habitat features that could provide in continental shelf waters and waters restrictions in continental shelf waters important habitat for marine mammals 100 km seaward of continental slope and waters 100 km seaward of at certain times—as the White Paper would be some, though not a significant, continental slope—NMFS and the Navy states, the higher primary productivity reduction in the number of these less evaluated the practicability of in these areas could generally be severe behavioral reactions in those implementation of the White Paper’s associated with higher densities of areas. As discussed above, in general, recommended continental shelf, slope, marine mammals. However, exposures not all behavioral responses rise to the and 100-km seaward restriction. The to any individual animal are expected to level of a take and not all harassment Navy has indicated, and NMFS concurs, be short term and intermittent, since a takes result in fitness consequences to that additional continental shelf, slope, small number of ships would conduct individuals that have the potential to and 100 km seaward restrictions beyond SURTASS LFA sonar training and translate to population consequences to the territorial waters of foreign nations testing activities for up to 496 hours the species or stock. For example, the and the existing coastal standoff and (years 1–4) and 592 hours (years 5–7) energetic costs of short-term OBIAs would unacceptably impact the total for all ships combined annually. In intermittent exposures to SURTASS Navy’s national security mission, as addition, shutdown measures would LFA sonar (such as are expected here) large areas of the ocean would be avoid injury (PTS), most TTS, and would be unlikely to affect the restricted where LFA sonar severe behavioral responses, and coastal reproductive success or survivorship of transmissions are required for training standoff zones and OBIAs would avoid individuals. This means there is little to and testing proficiency in order for the disturbances more likely to lead to no likelihood that the impacts of the ships’ crews to understand how the fitness impacts by further restricting anticipated takes would accrue in a system operates in these varied activities in these areas of known manner that would impact a species or bathymetry conditions under future biological importance for marine stock even in the absence of any operational scenarios.

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The submarine forces of several key Adequate and effective training and focusing activities farther offshore adversaries are rapidly growing in size, testing with SURTASS LFA sonar is would shift from more coastal species or capability, and geographic reach. Due to necessary to ensure crews can stocks to more pelagic species or stocks, advancements in quieting technologies operationally detect these quieter and making any reduction in impacts in diesel-electric and nuclear harder to-find foreign submarines at uncertain. Further, limiting activities in submarines, undersea threats are greater distances. The Navy has these large areas of uncertain value to becoming increasingly difficult to locate indicated that if large areas of the marine mammals when activities are using traditional passive acoustic continental shelf or slope were comparatively low (small number of technologies. Submarines from many restricted beyond what is in the 12nmi/ ships operating up to a maximum of 496 nations are now much more capable and 22km coastal standoff, the Navy would transmission hours total across all able to stay submerged for a longer not have the benefit of being able to vessels in years 1–4 and 592 total period of time than earlier vessels. For train and test in these challenging transmission hours in years 5 and both conventional diesel-electric and environments. Coastal, shallow beyond pooled across all vessels, spread nuclear submarines, quieting technology environments are more acoustically across several mission areas and over has increased stealth and thus complex and the SURTASS LFA system the course of an entire year), given the operational effectiveness. These was designed to penetrate these existing risks to the affected species and technologies include air-independent environments to find quiet assets that stocks are already so low, would propulsion (AIP), hull coatings that may use these distinctive geographic provide little, if any, value for lowering minimize echoes, sound isolation features to their advantage. Year-round the probability or severity of impacts to mounts for machinery, and improved access to all of these areas of individual marine mammal fitness, propeller design. What once were challenging topography and bathymetry much less species or stocks, or their unique U.S. design capabilities are now is necessary so that crews learn how the habitat. Given the limited potential for being employed in new submarine SURTASS LFA system will operate additional reduction of impacts to projects and as upgrades to older amidst changing oceanographic marine mammal species beyond what submarines throughout potential conditions, including seasonal the existing mitigation measures adversaries’ navies. As this technology variations that occur in sound described in this rule provide, and the has improved, the predominant sources propagation. high degree of impracticability of ship noise (for example propeller Because these assets are forward (significant impacts on training and noise or other machinery noise) have deployed and can rapidly switch testing effectiveness and the availability been reduced. Passive sonar involves between training and testing activities of these assets to support other national listening for sounds emitted by a and operational missions, there is security missions), NMFS has potentially hostile submarine in order to limited flexibility for these ships to determined that adopting this detect, localize, and track it. As maneuver any substantial distance from recommendation is not warranted under submarines become quieter through primary mission areas of responsibility. the LPAI standard. Therefore, avoiding continental shelf improved sound dampening technology Restrictions Within 100 km of All and innovative propeller design, the and slope waters plus a 100 km buffer for training and testing activities would Islands and Seamounts That Rise to usefulness of passive sonar systems has Within 500 m of the Surface greatly diminished. These submarines constitute a significant deviation in their staging requirements for other Consideration of potential reduction have the ability to carry many different missions. Thus, implementing this of adverse impacts to marine mammal weapons systems, including torpedoes, mitigation measure would be highly species and stocks and their habitat— long-range anti-ship cruise missiles, impracticable and would significantly Currently, waters surrounding all anti-helicopter missiles, anti-ship adversely affect the availability of these islands are included in the coastal mines, and ballistic nuclear missiles. assets to conduct their national security standoff zone. As discussed previously, These capabilities make submarines, mission. Additionally, due to the slow this means that SURTASS LFA sonar both nuclear and diesel-electric speed at which these vessels transit (3 received levels would not exceed 180 powered, stealthy and flexible strategic to 4 knots when towing SURTASS, 10– dB re: 1 mPa within 22 km (12 nmi) from threats. 12 knots without) it does not allow for the coastline. Also, SURTASS LFA The destruction of U.S. Carrier Strike large scale movements on the orders of sonar will not be operated within Groups (CSGs) and Expeditionary Strike 100s of km proposed by the mitigation foreign territorial waters. Lastly, the Groups (ESGs) is a focal point in the scheme of the White Paper to avoid a Navy has agreed not to utilize SURTASS naval warfare doctrine of many 100 km buffer around continental shelf LFA sonar within the waters of Penguin adversaries’ navies. The main threat that and slope habitat. Bank (to a depth of 600 ft (183 m)), and a carrier strike group must defend Conclusion regarding restrictions in to limit ensonification of Hawaii state against is the undersea threat from continental shelf waters and waters 100 waters (out to 3 nmi) to 145 dB re: 1 mPa enemy submarines. A single diesel- km seaward of continental slope—In rms. electric submarine that is capable of summary, restricting SURTASS LFA Regarding seamounts, Morato et al. penetrating U.S. or multinational task sonar use in waters 100 km seaward (2010) state that seamounts were found force defenses could cause catastrophic from the continental slope could to have higher species diversity within damage to those forces, and jeopardize potentially reduce individual exposures 30–40 km of the summit and tended to the lives of thousands of sailors and or behavioral responses for certain aggregate some visitor species (Morato Marines onboard Navy ships. Even the species and potentially provide some et al., 2010). However, as stated by the threat of the presence of a quiet diesel additional protection to individual authors, the paper did not demonstrate submarine could effectively deny or animals in preferred habitat in some that this behavior can be generalized. delay U.S. or coalition naval forces cases. However, density data indicate Further, the authors note that access to vital operational areas. Long- that certain mysticetes and sperm associations with seamounts have been range detection of threat submarines in whales have higher densities in areas described for some species of marine near-shore and open ocean other than the continental slope and mammals (Morato et al., 2008), mostly environments is critical for this effort. potential impacts from moving and on an individual seamount scale.

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Morato et al. (2008) examined whales have been suggested to utilize environments to find quiet assets that seamounts for their effect on aggregating seamount features for prey capture may use these distinctive geographic visitors and noted that seamounts may (Pitcher et al., 2007), the authors features to their advantage. Year-round act as feeding stations for some visitors, conclude that the available evidence access to all of these areas of but not all seamounts seem to be equally suggests that ‘‘unlike many other challenging topography and bathymetry important for these associations. While members of seamount communities, the is necessary so that crews learn how the Morato et al. (2008) only examined vast majority of marine mammal species SURTASS LFA system will operate seamounts in the Azores, the authors are probably only loosely associated amidst changing oceanographic noted that only seamounts shallower with particular seamounts.’’ We note conditions, including seasonal than 400 m depth showed significant here that marine mammals being variations that occur in sound aggregation effects. Their results ‘‘loosely associated’’ with seamounts, or propagation. indicated that some marine predators being observed lingering at certain As discussed previously with respect (common dolphin (Delphinus delphis) seamounts, does not necessarily suggest to a 100 km buffer around continental and other non-marine mammal species a level of biological importance that shelf and slope habitat, similar (such as fish and invertebrates) were would support geographical restrictions practicability concerns exist with significantly more abundant in the to avoid all seamounts, or even the implementing a 100 km buffer around vicinity of some shallow-water specific seamounts where these loose all islands and seamounts. Because seamount summits; there was no aggregations occur. Further, as stated these assets are forward deployed and demonstrated seamount association for above, the short term, intermittent can rapidly switch between training and bottlenose dolphins (Tursiops nature of the exposures to SURTASS testing activities and operational truncatus), spotted dolphin (Stenella LFA sonar would be unlikely to impact missions, there is limited flexibility for frontalis), or sperm whales (Physeter the fitness (via effects on reproduction these ships to maneuver any substantial macrocephalus). or survival) of any individuals, distance from their primary mission areas of responsibility. Since seamounts Along the northeastern U.S. especially given the existing/proposed and other areas of complex bathymetry continental shelf, cetaceans tend to mitigation. Therefore, considered with are important training/testing features frequent regions based on food the uncertain potential of this proposed avoiding these areas would have preferences (i.e., areas where preferred measure to provide meaningful negative impacts on training and testing prey aggregate), with picscivores (fish- additional reduction of impacts to individual marine mammals, this preparedness and realism. Additionally, eating, e.g., humpback, fin, and minke avoiding island associated and sea whales as well as bottlenose, Atlantic measure is not expected to provide a reduction in the probability or degree of mount habitats by 100 km would white-sided, and common dolphins) constitute a significant deviation in the being most abundant over shallow effects on any marine mammal species or stocks. staging of these assets for other missions banks in the western Gulf of Maine and and would significantly impacting their mid-shelf east of Chesapeake Bay; Consideration of practicability for potential for these vessels to conduct planktivores (plankton-eating, e.g., right, restrictions within 100 km of all islands operational missions. Lastly, due to the blue, and sei whales) being most and seamounts that rise to within 500 m slow speed at which these vessels abundant in the western Gulf of Maine of the surface—Please see the transit (3 to 4 kt when towing and over the western and southern discussion of practicability for the SURTASS, 10–12 kt without) it does not portions of Georges Bank; and White Paper recommendation above allow for large scale movements on the teuthivores (squid eaters, e.g., sperm (protection of continental slope and a orders of a 100 km proposed by the whales) most abundant at the shelf edge 100 km buffer), which is also applicable mitigation scheme of the White Paper (Fiedler, 2002). While there have been here. NMFS and the Navy evaluated the without requiring extensive transmit observations of humpback whales practicability of implementation of the time on and off station that would lingering at seamounts in the middle of White Paper’s recommendation reduce training and testing the North Pacific on the way to summer regarding island and seamounts that rise opportunities and the ability of these feeding grounds in the Gulf of Alaska to within 500 m of the sea surface. The assets to support other national security (Mate et al., 2007), the purpose of these Navy has indicated, and NMFS concurs, missions required of them. occurrences is not clear, and it may be that restrictions within 100 km of all Conclusion regarding restrictions that they are feeding, regrouping, or islands and seamounts that rise to within 100 km of all islands and simply using them for navigation within 500 m of the surface beyond the seamounts that rise to within 500 m of (Fiedler, 2002; Mate et al., 2007); existing coastal standoff and OBIAs the surface—In summary, while therefore, the role of the seamount would unacceptably impact their restricting LFA sonar training and habitat is not clear. According to Pitcher national security mission. Adequate and testing in areas 100 km seaward from et al. (2007), there have been very few effective training and testing with islands and seamounts could potentially observations of high phytoplankton SURTASS LFA is necessary to ensure reduce incidences of take within a biomass (i.e., high primary production, crews can operationally detect quieter limited number of species in preferred usually estimated from chlorophyll and harder to-find foreign submarines at habitat in some cases (potential concentrations) over seamounts. Where greater distances. The Navy has feeding), available data indicate that such effects have been reported, all were indicated that if large areas of the marine mammal associations within from seamounts with summits continental shelf or slope were these areas are limited and the benefits shallower than 300 m, and the effects restricted beyond what is in the 12nmi/ would be at best limited and/or were not persistent, lasting only a few 22km coastal standoff, the Navy would ephemeral. Also, the habitat preferences days at most. Therefore, it may be that not have the benefit of being able to for these areas seem to be more food sources for many baleen whales are train and test in these challenging associated with mid and high frequency not concentrated in great enough environments. Coastal, shallow species, which are less sensitive to LFA quantities for significant enough time environments are more acoustically sonar, thereby further lessening concern periods to serve as important feeding complex and the SURTASS LFA system for the potential effects of LFA sonar. areas. While some odontocete (toothed) was designed to penetrate these Limiting SURTASS LFA sonar training

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and testing activities in these large areas and would not necessarily be primary productivity areas is such that when activities are already biologically important. These animals could likely easily access comparatively low (small number of moderately productive habitats are adjacent high productivity areas should ships operating up to a maximum of 496 likely to provide ample alternative they be temporarily diverted away from transmission hours total across all opportunities for species to move into a particular area due to a SURTASS LFA vessels in years 1–4 and 592 total and take advantage of areas should they sonar source. In addition, marine transmission hours in years 5 and avoid the area around the SURTASS mammals are not concentrated through beyond pooled across all vessels, spread LFA sonar vessel. Additionally, as noted all, or even most, of these large areas for across several mission areas and over above, given the nature of SURTASS all, or even most, of the time when the course of an entire year) and the LFA sonar activities and the other productivity is highest. Therefore, a existing risks to the affected species and mitigation for SURTASS LFA sonar, the broad limitation of this nature would stocks are already so low, would existing risk to marine mammal species likely unnecessarily limit LFA sonar provide little, if any, value for lowering and stocks is low and is limited to less activities while providing only some the probability or severity of impacts to severe Level B harassment. slight benefit to a limited number of individual marine mammal fitness, Consideration of practicability for individuals, which would not rise to the much less species or stocks, or their restrictions for high productivity regions level of value to marine mammal habitat. Given the limited potential for that are not included in the continental species or stocks. Limiting activities in additional reduction of impacts to a shelf, continental slope, seamount, and these large areas when activities are small number of marine mammal island ecosystems—NMFS and the Navy already comparatively low (small species and the high degree of evaluated the practicability of number of ships operating up to a impracticability (serious impacts on implementation of the White Paper’s maximum of 496 transmission hours mission effectiveness), NMFS has recommended restrictions on high total across all vessels in years 1–4 and determined that adopting this productivity areas. Please see the 592 total transmission hours in years 5 recommendation is not warranted under discussion of practicability for the first and beyond pooled across all vessels, the LPAI standard. White Paper recommendation above spread across several mission areas and (continental slope plus buffer), which is over the course of an entire year), given High Productivity Regions That Are Not also applicable here. The Navy has the existing risks to the affected species Included in the Continental Shelf, indicated, and NMFS concurs, that, and stocks are already so low, would Continental Slope, Seamount, and additional restrictions in high provide little, if any, value for lowering Island Ecosystems productivity regions that are not the probability or severity of impacts to Consideration of potential for included in the continental shelf, individual marine mammal fitness, reduction of adverse impacts to marine continental slope, seamount, and island much less species or stocks, or their mammal species and stocks and their ecosystems beyond the existing coastal habitat. While we note that subjecting habitat—Regions of high productivity standoff and OBIAs would unacceptably entire ‘‘high productivity regions’’ to have the potential to provide good impact its national security mission. geographical restrictions would provide foraging habitat for some species of Because of the inconsistent and little value, we also reiterate that over marine mammals at certain times of the ephemeral boundaries associated with half of the existing OBIAs previously year and could potentially correlate most high productivity regions, it would identified are in areas categorized as with either higher densities and/or be difficult to define geographic Class I (high productivity, >300 gC/m2- feeding behaviors through parts of their restrictions that would not impinge yr) or Class II (moderate productivity, area. Productive areas of the ocean are upon the long-range detection abilities 150–300 gC/m2-yr) ecosystems, based difficult to consistently define due to of the SURTASS LFA sonar system. The on SeaWiFS global primary productivity interannual spatial and temporal mission of SURTASS LFA sonar is to (see response to NRDC comment 20, 77 variability. High productivity areas have detect quieter and harder-to-find foreign FR 50290, 50304 (August 20, 2012)). ephemeral boundaries that are difficult submarines at greater distances. The However, we also note that high to define and do not always persist Navy must train and test in open ocean productivity/foraging was not interannually or within the same regions to track relevant targets at long necessarily the qualifying criteria for all defined region. While there is not one distances. If large areas of the ocean of these OBIAs, and being classified as definitive guide to the productive areas were excluded from potential usage, the a high productivity area does not of the oceans, NMFS and the Navy Navy would not have the benefit of necessarily mean the area serves as a examined these areas in the SURTASS being able to train and test at the long biologically important area for marine LFA sonar study area. For instance, ranges for which SURTASS LFA sonar mammal foraging. Given the limited Huston and Wolverton (2009) show has been designed to function most potential for additional reduction of areas of high/highest productivity that effectively. Further, because high impacts to marine mammal species and are either (1) confined to high latitude productivity areas are highly variable the high degree of impracticability (polar) areas that are not in the and ephemeral, implementation would (serious impacts on mission SURTASS LFA sonar Study Area, or (2) not be operationally practicable for the effectiveness), NMFS has determined very coastally and typically seasonally Navy. that adopting this recommendation is associated with areas of high coastal Conclusion regarding restrictions in not warranted under the LPAI standard. runoff (i.e., by river mouths), which are high productivity regions that are not already encompassed by the coastal included in the continental shelf, Overall Conclusion Regarding standoff range. continental slope, seamount, and island Consideration of the White Paper Areas of more moderate productivity ecosystems— Restricting use of Recommendations are typically very large, which means SURTASS LFA sonar training and NMFS has considered the White that they are not concentrating high testing seasonally in high productivity Paper recommendations and densities or feeding areas throughout areas could potentially reduce take acknowledges that some of them have their area. In fact, areas of moderate numbers for certain species in preferred the potential to reduce the numbers of productivity scored within the mean or feeding habitat in some cases. take for some individual marine and thus represent ‘‘average’’ habitat However, as noted above, the size of the mammals within a limited number of

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species, while in other cases, adopting under Level B harassment; and (3) mammals and otherwise) from the White Paper’s guidelines could minimize marine mammal takes in areas SURTASS LFA sonar training and potentially increase take of other and during times of important behaviors testing activities including critical species. NMFS also acknowledges that such as feeding, migrating, calving, or habitat, essential fish habitat, marine the White Paper’s recommendations breeding or in areas where small protected areas, and national marine may add some small degree of resident populations reside or there is sanctuaries. SURTASS LFA sonar protection in preferred habitat or during high density, further minimizing the training and testing activities involve feeding behaviors in certain likelihood of adverse impacts to species introduction of pressure and sound in circumstances. However, the potential or stocks. the water column but will not alter for impacts on reproduction or survival The SURTASS LFA sonar signal is not physical habitat. Marine mammal prey of any individuals, much less accrual to expected to cause mortality, serious will not be exposed to sustained population level impacts, with the injury, or PTS, due to implementation of duration and intensity of sound levels existing mitigation is already very low. the 2,000-yd LFA sonar mitigation zone, that would be expected to result in which will ensure that no marine As explained above, the minimal significant adverse effects to marine mammals are exposed to an SPL greater training and testing impacts and the mammal food resources. Habitat than about 174 dB re: 1 mPa rms. As anticipated, and demonstrated, success impacts were considered within the of the significant mitigation measures discussed above, a low-frequency context of the addition of sound energy that the Navy is already implementing, cetacean would need to remain within to the marine environment while provide a large degree of protection and 41 meters (135 ft) for an entire LFA SURTASS LFA sonar is transmitting, limit takes to less severe Level B sonar transmission (60 sec) to harassment. Therefore, the highly potentially experience PTS and within which represents a vanishingly small limited and uncertain likelihood that 413 m (1,345 ft) for an entire LFA sonar percentage of the overall annual the White Paper recommendations will transmission (60 sec) to potentially underwater acoustic energy budget that further reduce impacts on individual experience TTS, which would be would not affect the ambient noise marine mammal fitness, much less the unlikely given typical avoidance environment of marine habitats (refer to affected species or stocks, and their behaviors even in the absence of Chapter 4, Sections 4.4 and 4.5 of the habitat does not justify adopting the mitigation. Therefore, in addition to 2019 SURTASS LFA FSEIS/SOEIS). recommendations, especially when alleviating the likelihood of PTS, the Therefore, with regard to habitat, NMFS considered in light of the high degree of implementation of the 2,000-yd LFA has not identified any impacts to habitat impracticability for Navy sonar shutdown zone mitigation from SURTASS LFA sonar that persist implementation. measure will minimize the number of beyond the time and space that the LF cetaceans likely exposed to LFA impacts to marine mammals themselves Least Practicable Adverse Impact— sonar at levels associated with the onset and the water column could occur. Our Conclusions of TTS. The best information available mitigation targeted to minimize impacts Based on our evaluation of the Navy’s indicates that effects from SPLs less to species or stocks while in particular proposed mitigation measures as well as than 180 dB re: 1 mPa rms will be habitats (i.e., the coastal standoff and other measures considered by NMFS or limited to short-term, Level B OBIAs) will protect preferred habitat recommended by the public, NMFS has harassment, and animals are expected to during its use, and therefore is determined that the mitigation measures return to behaviors shortly after contributing to the means of effecting required by this final rule provide the exposure. the LPAI on a species or stock and its means of effecting the least practicable Further, the implementation of OBIA habitat. Therefore, the mitigation adverse impact on the affected species measures and the coastal standoff measures that address areas that serve as or stock(s) of marine mammals and their allows the Navy to minimize or avoid important habitat for marine mammals habitat, paying particular attention to impacts in areas where behavioral in all or part of the year help effectuate rookeries, mating grounds, and areas of disturbance and other impacts would be the LPAI on marine mammal species similar significance, considering more likely to have negative energetic and stocks and their habitat. personnel safety, practicality of effects, or deleterious effects on implementation, and impact on the reproduction, which could reduce the The Ninth Circuit’s Pritzker decision effectiveness of the military readiness likelihood of survival or reproductive faulted NMFS for considering the White activity. success (measures to avoid or lessen Paper mitigation recommendations for The 2,000-yd LFA sonar mitigation exposures of marine mammals within ‘‘data-poor areas’’ against the OBIA (shutdown) zone, based on detection of the coastal standoff zone and OBIAs); standards NMFS had set for the 2012 marine mammals from the highly and generally lessen the total number of rule. We do not read the opinion as effective three-part mitigation takes in areas of higher density for some holding that the MMPA compelled a monitoring efforts (visual, as well as species (coastal standoff measures and change in the criteria and process for active and passive acoustic monitoring), OBIAs). These measures, taken together, evaluating OBIAs. NMFS addressed the and geographic restrictions (coastal constitute the means of effecting the Court’s decision by separately and standoff zone and OBIAs plus the 1-km least practicable adverse impact on the independently evaluating the White buffer as well as the limitation on affected species and stocks in the Paper’s recommendations for benefits to transmission hours near OBIAs except western and central North Pacific and the affected species or stocks and when additional approval is obtained eastern Indian Oceans in the upcoming practicability, without regard to the from the Navy Command authority if seven-year LOA period. As described OBIA criteria or process (see NMFS’ required for national security) will above, we evaluated the potential evaluation of the White Paper in this enable the Navy to: (1) Avoid Level A inclusion of additional measures (White rule). Using the best available harassment of marine mammals; (2) Paper recommendations, critical habitat, information, NMFS considered the minimize the incidences of marine etc.) before reaching this conclusion. recommendations in the White Paper mammals exposed to SURTASS LFA The 2019 SURTASS LFA FSEIS/ under our interpretation of the LPAI sonar sound levels associated with TTS SOEIS evaluated the potential for standard and determined the measures and more severe behavioral effects impacts to marine habitats (marine (as well as a smaller buffer distance)

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were not warranted, as described in that foraging by humpback whales as are practicable for the Navy and section. documented in one peer-reviewed effective in minimizing impacts on In reaching the conclusion that report (p.D–319, DoN 2012). Based on marine mammals from activities that are NMFS’ record for the 2012 rule did not the results of that study, the Olympic likely to increase the probability or establish the agency had satisfied the Coast OBIA was reviewed and severity of population level effects— LPAI standard, the Court in Pritzker designated. Other examples include the wherever marine mammals occur, even determined that NMFS failed to Southwest Australia Canyons OBIA, in areas where data are limited. consider an important aspect of the which considers past whaling data but Therefore, as we have said, NMFS’ problem, ‘‘namely the underprotection also more recent sighting and stranding mitigation requirements are not based that accompanies making conclusive information; and the boundary for the on the premise that the ‘‘no data’’ data an indispensable component of Eastern Gulf of Mexico OBIA, which scenario is equivalent to ‘‘zero OBIA designation,’’ and that this was drawn to ‘‘conservatively population density’’ or ‘‘no biological ‘‘systematic underprotection of marine encompass’’ waters where Bryde’s importance.’’ 8 The LFA shutdown zone mammals’’ cannot be consistent with whales may occur based on sightings will avoid or minimize auditory impacts the requirement that mitigation information (as opposed to scientific and more severe forms of Level B measures result in the ‘‘least practicable validation of their occurrence). In harassment, wherever marine mammals adverse impact’’ on marine mammals.’’ addition, even though most available occur. The coastal exclusion zone will Id. at 1140. While we have corrected the data are only available for inshore reduce adverse impacts, specifically identified deficiency by evaluating the waters (within the coastal standoff higher numbers of take or take in areas White Paper measures independent of zone), NMFS is designating OBIAs for of preferred habitat for coastal species the OBIA process, we disagree with the the Ogasawara Island region as part of that are present in higher numbers, or suggestion that our mitigation is this rulemaking due to the importance through lessening the severity of systematically underprotective. of the nearshore area for humpback impacts by minimizing take of We first emphasize that NMFS’ OBIA whales and sperm whales. individuals in shelf or slope areas informational standards (and other Thus, NMFS does not insist on an encompassed by the standoff, when that mitigation measures), while data-driven, ‘‘unattainable’’ evidentiary standard of habitat is preferred by some species do not require scientific certainty or ‘‘conclusive data’’ 7 for imposing (again, when NMFS assessed areas that conclusive data. This is illustrated by conservation and management measures met the OBIA biological criteria for the the fact that the OBIA screening criteria for SURTASS LFA sonar, including 2012 rule, 80 percent of the areas fell allow for consideration of a variety of OBIAs. As another example, the coastal within the 12 nmi coastal exclusion information sources, including historic standoff zone uniformly applies not zone, but the protection applies whaling data, stranding data, sightings only in areas with supporting data about anywhere in the coastal exclusion zone, information, and regional expertise, to marine mammals (80 percent of the even in parts that are ‘‘data poor’’). In name a few examples of the ‘‘data’’ areas initially identified for OBIA addition, NMFS designated OBIAs, considered—and, in fact, the only areas consideration were within the 12 nmi/ where supporting information that were not considered were those 22 km coastal standoff) but also in areas sufficiently (and not necessarily considered to have entirely inconclusive that could be fairly characterized as conclusively) demonstrated the areas data. As detailed further in Appendix D ‘‘data poor.’’ met the established criteria and they of the 2012 SURTASS LFA SEIS/SOEIS, Finally, because the LPAI standard were determined to be practicable, supporting documents that are authorizes NMFS to weigh a variety of which are expected to reduce the considered include peer-reviewed factors when evaluating appropriate likelihood of impacts that would articles; scientific committee reports; mitigation measures, it does not compel adversely affect reproduction or cruise reports and transects; personal mitigation for every kind of individual survival. communications and unpublished take, even when practicable for We have assessed all reports; dissertations and theses; books, implementation by the applicant. Thus, recommendations and the best available government reports, and non- we do not evaluate measures strictly on science and are aware of no other governmental organization reports; and the basis of whether they will reduce practicable measures that would further notes, abstracts, and conference taking. The focus is on the relevant reduce the probability of impacts to proceedings. The process set up for the contextual factors that more species or stocks and their habitats. In 2012 rule carried forward areas for meaningfully assess a measure’s value other words, the measures that NMFS consideration if they had sufficient in contributing to the standard of includes in this rule will effect the least scientific support for the relevant minimizing impacts to the affected practicable adverse impact on the criterion based on a ranking of 2 or species or stock and its habitat. It is also affected species or stocks and their higher on a scale developed for that relevant to consider a measure in the habitats. As discussed in the Adaptive purpose, with zero being the lowest and context of the nature and extent of the Management section, NMFS will four the highest. Even areas that were expected impacts of the specified systematically consider new ranked ‘‘2’’ (‘‘Supporting information activity and the value of other information and re-evaluate as derived from habitat suitability models mitigation that will be implemented. necessary if applicable new information (non-peer reviewed), expert opinion, NMFS has evaluated the likely effects becomes available. regional expertise, or gray (non-peer of SURTASS LFA sonar training and Monitoring reviewed) literature, but requires more testing activities and has required justification’’) were deemed ‘‘eligible’’ measures to minimize the impacts to the Section 101(a)(5)(A) of the MMPA for further consideration (77 FR 50290, affected species or stocks and their states that in order to issue an ITA for 50299 (August 20, 2012)). habitat to achieve the LPAI. Consistent an activity, NMFS must set forth In fact, NMFS has previously with our interpretation of LPAI, the LFA ‘‘requirements pertaining to the designated OBIAs for areas based on shutdown and coastal exclusion zone monitoring and reporting of such these types of information sources. For taking.’’ The MMPA implementing example, the Olympic Coast OBIA 7 NRDC v. Pritzker, 828 F.3d 1125, 1140 (9th Cir. (OBIA 21) had a ranking of 2 for 2016). 8 White Paper at p. 1.

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regulations at 50 CFR 216.104(a)(13) ecologically meaningful ocean scales Additional Ranked Monitoring Projects indicate that requests for LOAs must and time periods under varying noise Under Consideration include the suggested means of conditions. Due to research indicating that beaked accomplishing the necessary monitoring As part of the research and whales and harbor porpoises may be and reporting that will result in monitoring component of the SURTASS particularly sensitive to a range of increased knowledge of the species, the LFA sonar program, M3 data are underwater sound (Southall et al., 2007; level of taking, or impacts on collected to: Tyack et al., 2011; Kastelein et al., • populations of marine mammals that are Document occurrence, distribution, 2012), in the 2012 rule and LOAs for expected to be present. and behaviors of acoustically active these activities, NMFS included Monitoring measures prescribed by whale species over ocean basin and conditions for increasing understanding NMFS should accomplish one or more decadal scales; of the potential effects of SURTASS LFA • of the following general goals: Assess changes in marine mammal sonar on these taxa. The Navy convened • An increase in our understanding of activity levels under normal conditions an independent Scientific Advisory how many marine mammals are likely (e.g., weather, wind, time of year, or Group (SAG), composed of six scientists to be exposed to levels of LFA sonar that time of day) relative to acoustic affiliated with two universities, one we associate with specific adverse conditions with varying levels of Federal agency (NMFS), and three effects, such as disruption of behavioral anthropogenic noise (e.g., seismic private research and consultancy firms, patterns, TTS, or PTS; activities, naval sonar, shipping, or to investigate and assess different types • An increase in our understanding of fishing activities); of research and monitoring methods that how individual marine mammals • Inform environmental assessments could increase the understanding of the respond (behaviorally or of current and future anti-submarine potential effects to beaked whales and physiologically) to LFA sonar (at warfare systems; and harbor porpoises from exposure to specific received levels or other stimuli • Assemble a long-term database of SURTASS LFA sonar transmissions. expected to result in take); • ocean ambient noise data to enable The SAG submitted a report (‘‘Potential An increase in our understanding of scientifically-based evaluations of how anticipated takes of individuals (in Effects of SURTASS LFA sonar on potential influences on cetaceans or Beaked Whales and Harbor Porpoises’’) different ways and to varying degrees) other species. may impact the population, species, or describing their monitoring and Acoustic data collected and archived stock (specifically through effects on research recommendations. This report by the M3 program allow program annual rates of recruitment or survival); was submitted to the Executive analysts to statistically quantify how • An increase in knowledge of the Oversight Group (EOG) for SURTASS cetacean acoustic behaviors are affected affected species; LFA sonar, which is comprised of • An increase in our understanding of by various factors, such as ocean basin representatives from the U.S. Navy the effectiveness of certain mitigation topographic features, hydrographic (Chair, OPNAV N2/N6F24), Office of the and monitoring measures; conditions, seasonality, time, weather Deputy Assistant Secretary of the Navy • A better understanding and record conditions, and ambient noise for the Environment, Office of Naval of the manner in which the authorized conditions. The compiled acoustic data Research, Navy Living Marine entity complies with the incidental take can be used to estimate the total number Resources Program, and the NMFS authorization; and of vocalizing whales per unit area as Office of Protected Resources (OPR) • An increase in the probability of well as document the seasonal or Permits and Conservation Division. The detecting marine mammals, both within localized movements of individual EOG met twice in 2014 to review and the mitigation zone (thus allowing for animals. In addition, observations over further discuss the research more effective implementation of the time can also show the interaction and recommendations put forth by the SAG, mitigation) and in general to better influence of noise sources on large the feasibility of implementing any of achieve the above goals. whale behavior. the research efforts, and existing In addition to the real-time At present, the M3 Program’s data are budgetary constraints. Representatives monitoring associated with mitigation, classified, as are the data reports created from the Marine Mammal Commission the Navy is engaging in exploring other by M3 Program analysts, due to the also attended EOG meetings as monitoring efforts described here: inclusion of sensitive national security observers. In addition to the SAG information. The Navy continues to recommendations, promising Marine Mammal Monitoring (M3) assess and analyze M3 Program data suggestions for monitoring and research Program collected from Navy passive acoustic were recommended for consideration by Beginning in 1993, the Marine monitoring systems and is working the EOG. The EOG considered which Mammal Monitoring (M3) Program was toward making some portion of that data efforts would be most effective, given designed to assess the feasibility of (after appropriate security reviews) existing budgetary constraints, and the detecting and tracking marine available to scientists with appropriate Navy has submitted the outcome of this mammals. The M3 program uses the clearances and ultimately to the public. study to NMFS. Navy’s fixed and mobile passive Additionally, data summaries are shared In summary, after consideration of the acoustic monitoring systems to monitor with NMFS analysts with appropriate SAG recommendations and the inputs the movements of some large cetaceans clearances. There has been some provided by the EOG, the research (principally baleen whales), including progress on addressing security monitoring studies were ranked as their migration and feeding patterns, by concerns and declassifying a report of follows. In addition to the topic, the tracking them through their fin whale singing and swimming approximate cost of the research effort vocalizations. This Program has evolved behaviors (DoN, 2015; Clark et al., is also listed. Those study topics which into a valuable tool by which the 2019). In addition, the Navy has shared the Navy has invested in since the EOG acoustic activity levels of vocalizing information on detections of western recommendations are also indicated whales can be quantitatively gray whale vocalizations with the IUCN below. documented and trends of oceanic on possible wintering areas for this The category of research ocean noise levels measured over species. recommendations that were ranked

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highest included those estimated to cost NMFS (2016) noted that the predicted field sound field consistent across the less than $100,000. audiogram does not match the typical measurement experiment. The final 1. Desktop study of potential overlap U-shaped audiogram expected with results of the study have not been of harbor porpoise habitat by SURTASS normal hearing in mammals in that published yet, but the study found that LFA sonar transmissions. The Navy there is a ‘‘hump’’ at low frequencies AEPs were only successful down to funded this study and the report has and shallow roll-off of sensitivity at frequencies of 10 kHz for bottlenose been submitted to NMFS. In summary high frequencies. Given these dolphins (where 10 kHz is the upper the report finds that, while harbor difficulties, additional funding would range of what is considered mid- porpoises could potentially be exposed be required to determine the source of frequency) and 1 kHz for California sea to SURTASS LFA sonar transmissions, the abnormal results. The Navy is lions (the upper range of what is exposure is likely to occur at reduced continuing to invest in LF cetacean considered low-frequency). In addition, sound levels with limited potential for audiogram development and recently the correlation of equal latency contours behavioral responses. The full report is released a Broad Agency Announcement only applied over a limited frequency available at http://www.surtass-lfa- in coordination with the Subcommittee range, providing limited benefit beyond eis.com. on Ocean Science and Technology— the frequency range of auditory 2. Review of existing high frequency Ocean Noise and Marine Life Task force thresholds. Therefore, it is currently not acoustic recording package (HARP) data to make further investment in this area. feasible to conduct ABR/AEPs at to determine spatiotemporal overlap The final group of recommendations frequencies within the range of with SURTASS LFA missions. NMFS are studies that require additional SURTASS LFA sonar (100 to 500 Hz). consulted with scientists at NOAA’s methodological developments and/or Finally, the Navy funded audiograms Pacific Islands Fisheries Science Center would cost greater than $500,000. and TTS studies for harbor porpoise about deployments in the western and 1. Controlled exposure estimates across its entire frequency range central North Pacific and Scripps (CEE) for beaked whales with an (Kastelein et al., 2017). This study Institution of Oceanography about appropriate LF source. There are many reported the hearing sensitivity of a six- deployments in the eastern North complexities associated with this year-old female and a three-year-old Pacific. Since the EOG, Baumann- recommendation, even more so male harbor porpoise as measured by Pickering et al. (2014) presented the considering the results of the ongoing using a standard psycho-acoustic results of over eleven cumulative years mid-frequency sonar behavioral technique under low ambient noise of HARP deployments in the North response studies (BRS) demonstrating conditions. The porpoises’ hearing Pacific, which may overlap with the importance of real-world exposures thresholds for 13 narrow-band sweeps SURTASS LFA missions. It would be for characterizing behavioral responses. with center frequencies between 0.125 fairly straightforward and require It is possible that existing LF sources and 150 kHz were established. The minimal cost to determine the already in use on Navy ranges could be range of most sensitive hearing (defined spatiotemporal overlap of HARP surrogates for SURTASS LFA sonar, but as within 10 dB of maximum deployments and LFA missions. If it such extrapolations would need to be sensitivity) was from 16 to 140 kHz. was determined that overlap existed, the considered carefully. SURTASS LFA Sensitivity declined sharply above 125 cost for data analysis would depend on sonar is currently authorized for use in kHz. Hearing sensitivity in the low the amount of overlap. the western and central North Pacific frequencies 125 Hz to 1 kHz were 40– The second-highest ranked group of and Indian oceans, regions in which 80 dB above their maximum sensitivity. recommendations consisted of studies controlled exposure experiments (CEEs) The Navy has obtained a permit from that are estimated to cost in the have not been conducted, making the NMFS marine mammal health and $100,000–$500,000 range, but for which experiments with the LFA sonar system stranding program to conduct an AEP methodologies exist and itself particularly difficult. Given the audiogram on a stranded beaked whale, implementation would extend existing cost and complexities associated with but to date none have stranded alive in studies. this recommendation, it was ranked as an area with staff suitable to conduct the 1. Targeted deployment of one HARP a lower priority. This recommendation testing. The Navy will continue to seek sensor in the western North Pacific for should also be revisited with future opportunities to conduct such research one year; approximate estimated cost of development of tagging technologies for should they arise. $250,000. The objective of this study harbor porpoises. The ranking of research and would be to document beaked whale 2. LF behavioral audiograms for monitoring recommendations has vocal behavior before, during, and after harbor porpoise or LF auditory helped inform Navy and NMFS decision LFA sonar transmissions. Careful brainstem response/auditory evoked makers of the scientific priority, consideration of lessons learned from potential (ABR/AEP) audiograms for feasibility, and cost of possible previous deployments would be needed beaked whales. Since the EOG experiments to increase understanding to increase the probability of a concluded, the Navy funded a study led of potential effects of SURTASS LFA successful project (i.e., Baumann- by Dr. James Finneran (http:// sonar on harbor porpoises and beaked Pickering et al., 2014 and as described greenfleet.dodlive.mil/files/2017/05/ whales. Discussions among Navy in the reports of previous studies using LMRFactSheet_Project9.pdf) to correlate decision makers from OPNAV N2/ HARPs located at https://www.navy AEP measurements of hearing N974B/N45, Office of the Deputy marinespeciesmonitoring.us/). sensitivity with perceived loudness Assistant Secretary of the Navy for the 2. Anatomical modeling of LF sound (Muslow et al., 2015). Part of this study Environment, Office of Naval Research, reception by beaked whales; included attempts to extend the LF and Navy Living Marine Resources approximate estimated cost of range of AEP measurements, which may Program will continue to leverage $150,000–$200,000. Since the EOG be transferable to studies of hearing research among various programs. meetings in 2014, Cranford and Krysl sensitivity of harbor porpoise or beaked Ongoing discussions between Navy and (2015) presented a synthetic audiogram whales. There are difficulties with the NMFS will continue to evaluate the for a fin whale, predicted based transmission of LF sounds, in achieving most efficient and cost-effective way predominantly on bone conduction of the required power with manageable forward for Navy research and sound through the head to the ear. laboratory systems and creating a far- environmental compliance monitoring

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efforts once the amount of funding Navy’s Living Marine Resources Notification of the Discovery of a authorized is known. advisory board to provide input to Stranded Marine Mammal 9 Ambient Noise Data Monitoring future research projects that may The Navy will systematically observe address SURTASS LFA sonar needs. Several efforts (Federal and academic) during SURTASS LFA sonar activities The most recently available data are for for injured or disabled marine are underway to develop a Fiscal Year 2015, in which the Navy comprehensive ocean noise budget (i.e., mammals. In addition, the Navy will reported that it spent $35.9 million that an accounting of the relative monitor the principal marine mammal year on marine mammal research and contributions of various underwater stranding networks and other media to sources to the ocean noise field) for the conservation (Marine Mammal correlate analysis of any whale mass world’s oceans that includes both Commission, 2017). This ongoing strandings that could potentially be anthropogenic and natural sources of marine mammal research relates to associated with SURTASS LFA sonar noise. Ocean noise distribution and hearing and hearing sensitivity, auditory activities. noise budgets are used in marine effects, marine mammal monitoring and Minimization of Harm to Live-Stranded mammal masking studies, habitat detection, noise impacts, behavioral (or Milling) Marine Mammals characterization, and marine animal responses, diving physiology and In the event of a live stranding (or impact analyses. physiological stress, and distribution. The Navy will collect ambient noise The Navy sponsors a significant portion near-shore atypical milling) event, NMFS will advise the Navy of the need data when the SURTASS passive towed of U.S. research on the effects of human- to implement shutdown procedures for horizontal line array is deployed. generated underwater sound on marine any use of SURTASS LFA sonar within However, because the collected ambient mammals and approximately 50 percent noise data may also contain sensitive 50 km (27 nmi) of the stranding. of such research conducted worldwide. Following this initial shutdown, NMFS acoustic information, the Navy classifies These research projects may not be the data, and thus does not make these will communicate with the Navy to specifically related to SURTASS LFA determine if circumstances support any data publicly available. The Navy is sonar activities; however, they are exploring the feasibility of declassifying modification of the shutdown zone. The crucial to the overall knowledge base on and archiving portions of the ambient Navy may decline to implement all or marine mammals and the potential noise data for incorporation into part of the shutdown if the holder of the appropriate ocean noise budget efforts effects from underwater anthropogenic LOA, or his/her designee, determines after all related security concerns have noise. The Navy also sponsors research that it is necessary for national security. been resolved. to determine marine mammal Shutdown procedures for live stranding The Navy will evaluate the feasibility abundances and densities for all Navy or milling marine mammals include the and appropriate methods to collect new ranges and other operational areas. The following: • data to supplement the data available on Navy notes that research and evaluation If at any time, the marine behavioral responses of marine is being carried out on various mammal(s) die or are euthanized, or if mammals to SURTASS LFA sonar using monitoring and mitigation methods, herding/intervention efforts that were newer methods and technologies. These including passive acoustic monitoring, occurring are stopped, NMFS types of scientific inquiries fit within and the results from this research could (individuals specifically identified in the scope the Navy’s Living Marine be applicable to SURTASS LFA sonar the Stranding Communication Protocol) Resources (LMR) program. The LMR passive acoustic monitoring. The Navy will immediately advise the Navy that program weighs the various Navy has also sponsored several workshops to the shutdown around that animal(s)’ research needs against each other evaluate the current state of knowledge location is no longer needed; • Otherwise, shutdown procedures through a needs and solicitation and potential for future acoustic will remain in effect until NMFS process. The Navy has submitted a monitoring of marine mammals. The (individuals specifically identified in needs statement to the LMR advisory workshops bring together underwater committee to research future data the Stranding Communication Protocol) acoustic subject matter experts and determines and advises the Navy that all collection that would supplement marine biologists from the Navy and understanding of how SURTASS LFA live animals involved have left the area other research organizations to present (either of their own volition or following sonar may affect marine resources, data and information on current including mysticetes and beaked an intervention); and acoustic monitoring research efforts, • whales. The LMR program assesses If further observations of the marine and to evaluate the potential for Navy data needs through an iterative mammals indicate the potential for re- process in which each submitted need incorporating similar technology and stranding, additional coordination with is evaluated and ranked by an advisory methods on Navy instrumented ranges. the Navy may be required to determine what measures are necessary to committee. Prior to implementing any Reporting potential behavioral response study, the minimize that likelihood (e.g., feasibility must be evaluated and a In order to issue an ITA for an activity, section 101(a)(5)(A) of the 9 As defined in section 410 of the MMPA (16 research plan must be developed. The U.S.C. 1421h), ‘‘stranding’’ means ‘‘an event in the LMR process is the primary mechanism MMPA states that NMFS must set forth wild in which (A) a marine mammal is dead and which the Navy uses to solicit expert ‘‘requirements pertaining to the is (i) on a beach or shore of the United States, or assistance for marine resource monitoring and reporting of such (ii) in waters under the jurisdiction of the United States (including any navigable waters); or (B) a investigations. taking.’’ Effective reporting is critical marine mammal is alive and is (i) on a beach or Research both to compliance and to ensuring that shore of the United States and unable to return to the most value is obtained from the the water; (ii) on a beach or shore of the United The Navy sponsors significant required monitoring. There are several States and, although able to return to the water, is research for marine living resources to in need of apparent medical attention; or (iii) in the different reporting requirements in these study the potential effects of its waters under the jurisdiction of the United States regulations: (including any navigable waters), but is unable to activities on marine mammals. OPNAV return to its natural habitat under its own power or N974B provides a representative to the without assistance.’’

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extending the shutdown or moving • Environmental conditions (e.g., sonar activities; and (3) any discernible operations farther away) and to wind speed and direction, Beaufort sea or estimated cumulative impacts from implement those measures as state, cloud cover, visibility) SURTASS LFA sonar training and appropriate. immediately preceding the marine testing activities. Shutdown procedures are not related mammal strike; to the investigation of the cause of the • Estimated size and length of marine Comprehensive Report stranding and their implementation is mammal that was struck; The Navy will provide to NMFS and not intended to imply that Navy activity • Description of the behavior of the the public a final comprehensive report is the cause of the stranding. Rather, marine mammal immediately preceding analyzing the impacts of SURTASS LFA shutdown procedures are intended to and following the strike; sonar training and testing activities on protect marine mammals exhibiting • If available, description of the marine mammal species and stocks. indicators of distress by minimizing presence and behavior of any other This report will include an in-depth their exposure to possible additional marine mammals immediately analysis of all monitoring and Navy- stressors, regardless of the factors that preceding the strike; funded research pertinent to SURTASS contributed to the stranding. • Estimated fate of the marine LFA sonar activities conducted during mammal (e.g., dead, injured but alive, the seven-year period of this rule, a Navy Discovery of Any Stranded Marine injured and moving, blood or tissue scientific assessment of cumulative Mammal observed in the water, status unknown, impacts on marine mammal stocks, and In the event that Navy personnel disappeared, etc.); an analysis on the advancement of (uniformed military, civilian, or • To the extent practicable, alternative (passive) technologies as a contractors conducting Navy work) photographs or video footage of the replacement for LFA sonar. This report associated with operating a T–AGOS struck marine mammal(s); and will be a key document for NMFS’ class vessel discover a live or dead • Any relevant information review and assessment of impacts for stranded marine mammal at sea, the discovered during Navy’s investigation any future rulemaking. Navy shall report the incident to NMFS of the ship strike. The Navy will respond to NMFS’ comments and requests for additional (see communication protocols below) as Annual Report soon as is feasible. The Navy will information or clarification on the provide NMFS with: The classified and unclassified annual annual or comprehensive reports. These • Time, date, and location (latitude/ reports, which are due annually no later reports will be considered final after the longitude) of the first discovery (and than 90 days after the anniversary of the Navy has adequately addressed NMFS’ updated location information if known effective date of the seven-year LOA, comments or provided the requested and applicable); will provide NMFS with a summary of information, or three months after the • Species identification (if known) or the prior year’s training and testing submittal of the draft if NMFS does not description of the marine mammal(s) transmission hours. Specifically, the comment within the three-month time involved; classified reports will include dates/ period. NMFS will post the annual and • Condition of the marine mammal(s) times of exercises, location of vessel, comprehensive reports online at: (including carcass condition if the mission operational area, marine https://www.fisheries.noaa.gov/ marine mammal is dead); mammal observations, and records of national/marine-mammal-protection/ • Observed behaviors of the marine any delays or suspensions of activities. incidental-take-authorizations-military- mammal(s), if alive; Marine mammal observations will • readiness-activities. If available, photographs or video include animal type and/or species, footage of the marine mammal(s); and Adaptive Management • number of animals sighted by species, General circumstances under which date and time of observations, type of Our understanding about marine the marine mammal was discovered detection (visual, passive acoustic, HF/ mammals and the potential effects of (e.g., vessel transit). M3 sonar), the animal’s bearing and SURTASS LFA sonar on marine Vessel Strike range from vessel, behavior, and mammals is continually evolving. Reflecting this, this final rule again In the event of a ship strike of a remarks/narrative (as necessary). The includes an adaptive management marine mammal by any T–AGOS class classified reports will also include the framework. This allows the agencies to vessel, the Navy shall immediately Navy’s analysis of take by Level B consider new/revised peer-reviewed report, or as soon as security clearance harassment and estimates of the and published scientific data and/or procedures and safety conditions allow, percentage of marine mammal stocks other information from qualified and the information above in Discovery of affected for the year by SURTASS LFA Any Stranded Marine Mammal sonar training and testing activities. The recognized sources within academia, subsection, to NMFS. As soon as Navy’s estimates of the percentage of industry, and government/non- feasible, but no later than seven (7) marine mammal stocks and number of government organizations to determine business days, the Navy shall individual marine mammals affected by (with input regarding practicability) additionally report to NMFS, the: exposure to SURTASS LFA sonar whether SURTASS LFA sonar • Vessel’s speed during and leading transmissions will be derived using mitigation, monitoring, or reporting up to the incident; acoustic impact modeling based on measures should be modified (including • Vessel’s course/heading and what operating locations, season of missions, additions or deletions), and to make training or testing activity was being system characteristics, oceanographic such modification if new scientific data conducted (if applicable); environmental conditions, and marine indicate that they would be appropriate. • Status of all sound sources in use mammal demographics. Under this final rule, substantial (e.g., active sonar); Additionally, the annual report will modifications will be made only after a • Description of avoidance measures/ include: (1) Analysis of the effectiveness 30-day period of public review and requirements that were in place at the of the mitigation measures with comment. Substantial modifications time of the strike and what additional recommendations for improvements include a change in training and testing measures were taken, if any, to avoid where applicable; (2) assessment of any areas, or significant changes to marine mammal strike; long-term effects from SURTASS LFA mitigation.

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As discussed in the Mitigation section To avoid repetition, the discussion of and particularly serious injury, to occur above, NMFS and Navy have refined the our analyses applies to all the stocks is minimal. adaptive management process for this listed in Table 17 (including those for Regarding the potential for mortality, rule compared to previous rulemakings. which density and take estimates have as described previously, neither In the 2012 rule, NMFS and the Navy been pooled), because the anticipated acoustic impacts resulting in stranding annually considered how new effects of the specified activities on nor ship strikes are expected to result information, from anywhere in the these different marine mammal stocks from SURTASS LFA sonar training and world, should be considered in an are expected to be similar, given the testing activities. There is no empirical adaptive management context— operational parameters of the activities. evidence of strandings or ship strikes of including whether this new information While there are differences in the marine mammals associated spatially or would support the identification of new hearing sensitivity of different groups, temporally with the employment of OBIAs or other mitigation measures. these differences have been factored SURTASS LFA sonar. Moreover, the Moving forward, new information will into the analysis for auditory sonar system acoustic characteristics still be considered annually, but only impairment. However, the nature of differ between LFA sonar and MF for the purposes of OBIA identification their behavioral responses is expected to sonars that have been associated with in the context of the areas covered by be similar for SURTASS LFA sonar, strandings: LFA sonars use frequencies this rule (i.e., the Study Area in the especially given the context of their from 100 to 500 Hz, with relatively long western and central North Pacific and short duration and open ocean signals (pulses, with average length of eastern Indian Oceans in which exposures. Additionally, with the 60 sec), while MF sonars use SURTASS LFA assets will train and operational avoidance of areas (and frequencies greater than 1,000 Hz, with test). additional transmission hour limitations relatively short signals on the order of year, no more than 124 hours in years 1 sec. NMFS also makes a distinction Negligible Impact Analysis and 1–4 and 148 hours in years 5–7) that are between the common features shared by Determination designated for specific biologically the stranding events associated with MF NMFS has defined negligible impact important reasons and coastal standoff sonar in Greece (1996), Bahamas (2000), as an impact resulting from the zones, and the anticipated low-level Madeira (2000), Canary Islands (2002), specified activity that cannot be effects, there is no need to differentially Hanalei Bay (2004), and Spain (2006), reasonably expected to, and is not evaluate species or stocks based on referenced in the Potential Effects of reasonably likely to, adversely affect the varying status. Where there is a notable Specified Activities on Marine species or stock through effects on difference in the proportion of Mammals and Their Habitat section of annual rates of recruitment or survival authorized takes (as compared to the proposed rule (84 FR 7186; March (50 CFR 216.103). A negligible impact abundance) for two species, we 1, 2019). These included operation of finding is based on the lack of likely explicitly address it below. MF sonar, deep water close to land adverse effects on annual rates of The Navy has described its specified (such as offshore canyons), presence of recruitment or survival (i.e., population- activities based on best estimates of the an acoustic waveguide (surface duct level effects). An estimate of the number number of hours that the Navy will conditions), and periodic sequences of of takes alone is not enough information conduct SURTASS LFA sonar training transient pulses (i.e., rapid onset and on which to base an impact and testing activities. The exact number decay times) generated at depths less determination. In addition to of transmission hours may vary from than 32.8 ft (10 m) by sound sources considering the numbers of marine year to year, but will not exceed the moving at speeds of 2.6 m/s (5.1 knots) mammals that might be taken through annual total of 496 transmission hours or more during sonar operations mortality, serious injury, and Level A for all vessels in years 1–4 (currently (D’Spain et al., 2006). None of these harassment or Level B harassment four vessels), or the annual total of 592 factors are present in SURTASS LFA (although only Level B harassment is transmission hours for all vessels in sonar training and testing activities. considered for authorization under this years 5–7 regardless of the number of Regarding the potential for ship strike, final rule), NMFS considers other vessels in use (previous SURTASS LFA given the small number of vessels, low factors, such as the likely nature of any sonar rulemakings evaluated and densities of marine mammals in the area responses (e.g., intensity and duration), authorized 432 transmission hours per of operation, mitigation, and slow ship the context of any response (e.g., critical vessel per year). speeds, the potential of strike is so low reproductive time or location, As mentioned previously, NMFS as to be discountable. migration, etc.), as well as effects on estimates that 46 species of marine NMFS neither anticipates nor habitat, the status of the affected stocks, mammals representing 139 stocks could authorizes Level A harassment of and the likely effectiveness of the be taken by Level B harassment over the marine mammals as a result of specified mitigation. We also assess the number, course of the seven-year period. For activities. The mitigation measures intensity, and context of estimated takes reasons stated previously, no mortalities (including visual monitoring along with by evaluating this information relative or injuries are anticipated to occur as a active and passive acoustic monitoring, to population status. Consistent with the result of the Navy’s proposed SURTASS which together have been shown to be 1989 preamble for NMFS’ implementing LFA sonar training and testing over 98 percent effective at detecting regulations (54 FR 40338; September 29, activities, and none are authorized by marine mammals, approaching 100 1989), the impacts from other past and NMFS. The Navy has operated percent for multiple HF/M3 pings of any ongoing anthropogenic activities are SURTASS LFA sonar under NMFS sized marine mammal), and incorporated into these analyses via regulations for the last 17 years without implementing a shutdown zone of 2,000 their impacts on the environmental any reports of serious injury or death. yds around the LFA sonar array and baseline (e.g., as reflected in the The evidence to date, including recent vessel) would allow the Navy to avoid regulatory status of the species, scientific reports, annual monitoring exposing marine mammals to received population size, and growth rate where reports, and 17 years of Navy experience levels of SURTASS LFA sonar or HF/M3 known, ongoing sources of human- conducting SURTASS LFA sonar sonar sound that would result in injury caused mortality, or ambient noise activities, further supports the (Level A harassment). Additionally, as levels). conclusion that the potential for injury, discussed in the Estimated Take of

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Marine Mammals section, TTS and (2) Low Frequency Sonar Scientific Potential Effects of Specified Activities more severe behavioral reactions will Research Program (LFS SRP)—The Navy on Marine Mammals and Their Habitat also be minimized due to mitigation designed the three-phase LFS SRP study section in the proposed rule (84 FR measures, so that the majority of takes to assess the potential impacts of 7186) for discussion of more recent will be expected to be in the form of less SURTASS LFA sonar on the behavior of studies regarding context). Therefore, severe Level B harassment. low-frequency hearing specialists, those take estimates for SURTASS LFA sonar As noted above, the context of species believed to be at (potentially) are likely conservative (though we exposures is important in evaluating the greatest risk due to the presumed analyze them here nonetheless), and ultimate impacts of Level B harassment overlap in hearing of these species and takes that do occur will primarily be in on individuals. In the case of SURTASS the frequencies at which SURTASS LFA the form of lower levels of take by Level LFA sonar, the approaching sound sonar is operated. This field research B harassment. source would be moving through the addressed three important behavioral (3) Efficacy of the Navy’s Three-Part open ocean at low speeds, so concerns contexts for baleen whales: (1) Blue and Mitigation Monitoring Program— of noise exposure are somewhat lower fin whales feeding in the southern Review of Final Comprehensive and in this context compared to situations California Bight, (2) gray whales Annual Reports, from August 2002 where animals may not be as able to migrating past the central California through December 2018, indicates that avoid strong or rapidly approaching coast, and (3) humpback whales the HF/M3 active sonar system has sound sources. In addition, the duration breeding off Hawaii. These experiments, proven to be the most effective of the of the take is important; in the case of which exposed baleen whales to mitigation monitoring measures to SURTASS LFA sonar, the vessel received levels ranging from 120 to detect possible marine mammals in continues to move and any interruption approximately 155 dB re: 1 mPa, proximity to the transmitting LFA sonar of behavior would be of relatively short confirmed that some portion of the total array, and use of this system duration. Further, NMFS and the Navy number of whales exposed to LFA sonar substantially increases the probability of have imposed geographic restrictions responded behaviorally by changing detecting marine mammals within the that minimize behavioral disruption in their vocal activity, moving away from mitigation zone (and beyond), providing times and areas where impacts would be the source vessel, or both, but the a superior monitoring capability. more likely to lead to effects on responses were short-lived and animals Because the HF/M3 active sonar is able individual fitness that could impact the returned to their normal activities to monitor marine mammals out to an species or stock. within tens of minutes after initial effective range of 2 to 2.5 km (1.2 to 1.5 For SURTASS LFA sonar training and exposure. While some of the observed mi; 1.1 to 1.3 nmi) from the vessel, it is testing activities, the Navy provided responses would likely be considered unlikely that the SURTASS LFA sonar information (Table 7–1 of the Navy’s ‘‘take’’ under the MMPA, these short- operations would expose marine application) estimating incidental take term behavioral responses do not mammals to an SPL greater than numbers and percentages of marine necessarily constitute significant approximately 174 dB re: 1 mPa rms. mammal stocks that could potentially changes in biologically important The combination of visual, passive occur due to SURTASS LFA sonar behaviors, such as those that might be acoustic, and active acoustic (HF/M3) training and testing activities based on expected to affect individual fitness. In monitoring results in near 100 percent the 15 model areas in the central and addition, these experiments illustrated probability of detection for a medium- western North Pacific and eastern sized (approximately 33 ft (10 m)) that the context of an exposure scenario Indian Oceans. Based on our evaluation, marine mammal swimming towards the is important for determining the incidental take from the specified system before the animal enters the LFA probability, magnitude, and duration of activities associated with SURTASS sonar mitigation zone (see Ellison and a response. This was shown by the fact LFA sonar training and testing activities Stein, 2001 and Chapter 5, section 5.4.3 that migrating gray whales responded to will most likely fall within the realm of of the 2019 SURTASS LFA FSEIS/ a sound source in the middle of their short-term and temporary, or ephemeral, SOEIS for a summary of the migration route but showed no response disruption of behavioral patterns (Level effectiveness of the HF/M3 monitoring to the same sound source when it was B harassment), will not include Level A system). Lastly, as noted above, from the located father offshore, outside the harassment, and is not expected to commencement of SURTASS LFA sonar impact reproduction or survival of migratory corridor, even when the use in 2002 through the present, neither individuals. NMFS bases this source level was increased to maintain operation of LFA sonar, nor operation of assessment on a number of factors the same received levels within the the T–AGOS vessels, has been (discussed in more detail in previous migratory corridor. associated with any mass or individual sections) considered together: Although the LFS SRP study is two strandings of marine mammals. In (1) Geographic Restrictions—The decades old, the collected behavioral addition, required monitoring reports coastal standoff and OBIA geographic response data remain valid and highly indicate that there have been no restrictions on SURTASS LFA sonar relevant because of the lack of apparent marine mammal avoidance training and testing activities are additional studies utilizing this specific reactions observed, and no observed expected to minimize the likelihood of source, but also because the data show, marine mammal exposures to sound disruption of marine mammals in areas as reflected in newer studies with other levels associated with Level A where important behavior patterns such sound sources, that the context of an harassment takes due to SURTASS LFA as migration, calving, breeding, feeding, exposure (novelty of the sound source, sonar since its use began in 2002. or sheltering occur, or in areas with distance from the sound source and In examining the results of the small resident populations or higher activity of the animals experiencing mitigation monitoring procedures over densities of marine mammals. As a exposure, and whether the source is the previous 17 years of SURTASS LFA result, the takes that occur are less likely perceived as approaching or moving activities, NMFS has concluded that the to result in energetic effects or away, etc.) is as important as, the source mitigation and monitoring measures for disturbances of other important level and frequency in terms of triggering shutdowns of the LFA sonar behaviors that would reduce assessing reactions (see the Behavioral system have been implemented properly reproductive success or survivorship. Response/Disturbance section of the and have successfully minimized the

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potential adverse effects of SURTASS percentages of take compared to the low total number of hours of LFA sonar to marine mammals in the abundance for most stocks (the vast operation planned across all vessels; LFA sonar mitigation zone around the majority below 10 percent, 12 stocks in (2) The relatively low duty cycle, vessel. This conclusion is further the 10–20 percent range, and a handful short duration of training and testing supported by documentation that no ranging from 20–67 percent) and the fact events, and offshore nature of the known mortality or injury to marine that takes of single stocks are expected SURTASS LFA sonar use; mammals has occurred over this period. across multiple regions, we expect that (3) The fact that marine mammals in For reasons discussed in the Potential most individuals taken are taken only unspecified migration corridors and Effects of the Specified Activity on once in a year with some small subset open ocean concentrations would be Marine Mammals and their Habitat taken perhaps a few times in the course adequately protected from exposure to section (see the proposed rule (84 FR of a year. However, two stocks have sound levels that would result in injury, 7186)), NMFS anticipates that the effect somewhat higher percentages that we most TTS (and any accrued would be of masking will be limited and the note here. When estimated instances of expected to be of a small degree), and chances of an LFA sonar sound take are compared to the estimated stock more severe levels of behavioral overlapping whale calls at levels that abundances, the percentages are 117 disruption by the historical would interfere with their detection and and 321 for the Western North Pacific demonstrated effectiveness of the recognition will be extremely low. stock of killer whales and the Western Navy’s three-part monitoring program in NMFS does not expect any short- or North Pacific stock of humpback detecting marine mammals and long-term effects to marine mammal whales, respectively. Acknowledging triggering shutdowns; food resources from SURTASS LFA the uncertainty surrounding abundance (4) Geographic restrictions requiring sonar training and testing activities. It is estimates for the Navy’s action area, it the SURTASS LFA sonar sound field unlikely that the activities of the is still worth noting that these not exceed 180 re: 1 mPa rms within 22 SURTASS LFA sonar vessels percentages are notably higher than km of any shoreline, including islands, transmitting LFA sonar at any place in others, and would suggest that some or at a distance of one km from the the action area over the course of a year number of individuals are expected to perimeter of an OBIA, as well as would implicate all of the areas for a be taken more than once. It indicates the limitations on amount of activity near given species or stock in any year. It is possibility that some individuals are an OBIA absent additional approvals anticipated that ample similar nearby taken several times within a year, as the through the Navy chain of command, habitat areas are available for species/ percentage exceeds 100 percent. For thereby further limiting the severity and stocks in the event that portions of example, for the Western North Pacific number of behavioral disturbances in preferred areas are ensonified. stock of humpback whales, the average those areas; and Implementation of the 2,000-yd LFA number of takes would be three or more (5) The proven effectiveness of the sonar mitigation zone (shutdown zone) per individual. It is unlikely that takes required three-part monitoring and would ensure that most marine mammal would be exactly evenly distributed mitigation protocols. takes are limited to lower-level Level B across all individuals, and it is therefore In summary, based on the analysis harassment. Further, potential impacts more reasonable to assume that some contained herein of the likely effects of in areas of known or likely biological number of individuals would be taken the specified activity on marine importance for functions such as fewer than three times, while others mammals and their habitat, and taking feeding, reproduction, etc., effects are would be taken on more than three into consideration the implementation mitigated by the coastal standoff zone days, and we assume up to twice this of the proposed monitoring and and OBIAs. (i.e., one individual could be taken on mitigation measures, the authorized As noted above, because of the nature, six days) for the sake of analysis. Even takes are not expected to adversely scale, and locations of SURTASS LFA where one individual may be taken by affect any species or stock through sonar training and testing, there is no Level B harassment (in the form of impacts on recruitment or survival. reason to expect meaningfully behavioral disturbance or a small degree Therefore, NMFS finds that the total differential impacts on any particular of TTS) on up to six days within a year, authorized marine mammal take from species or stock that warrant additional given the nature of the activities, there the proposed activity will have a discussion. However, we include the is no reason to expect that these takes negligible impact on all affected marine following to ensure understanding of would be likely to occur on sequential mammal species or stocks. the two cases where the percentages of days or that this magnitude of exposure Subsistence Harvest of Marine stocks taken are notably higher within a year would be likely to result Mammals compared to other stocks. As also noted in impacts on reproduction or survival, previously, the modeling the Navy uses especially given the implementation of The Navy will not operate SURTASS allows for the enumeration of instances mitigation to reduce the severity of LFA sonar in Arctic waters nor in the of take—each representing an exposure impacts. Gulf of Alaska, or off the Aleutian Island above the Level B harassment threshold For the following summarized chain where subsistence uses of marine of a single marine mammal for some reasons, pulling in the supporting mammals protected under the MMPA amount of time (likely relatively short) information both in this section and occur. Therefore, there are no relevant within a single day. The model does not previous sections, including material subsistence uses of marine mammals predict how many of these instances for not repeated from the proposed rule implicated by this action and there will a given species or stock may occur as because it was unchanged, NMFS finds be no impact on subsistence hunting. multiple, or repeated, takes to a single that the total authorized taking from SURTASS LFA sonar will not cause individual. Given the nature (small SURTASS LFA sonar training and abandonment of any harvest/hunting number of ships and relatively few testing activities will have a negligible locations, displace any subsistence hours across two ocean basins) and impact on the affected species or stocks: users, or place physical barriers between location of the activity (beyond coastal (1) The small number of SURTASS marine mammals and hunters. NMFS exclusion in open ocean, areas where LFA sonar systems that will be has determined that the total taking species/stocks are not concentrated as operating in the Study Area (likely not affecting species or stocks will not have much), as well as the relatively small in close proximity to one another) and an unmitigable adverse impact on the

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availability of such species or stocks for its action of authorizing incidental take that the action will not have a taking for subsistence purposes. through MMPA regulations and an LOA significant economic impact on a for these Navy activities, NMFS substantial number of small entities. Endangered Species Act determined that consultation under the The Navy is the sole entity that will be Eleven marine mammal species under NMSA is not required. affected by this rulemaking and is not a NMFS’ jurisdiction with confirmed or small governmental jurisdiction, small National Environmental Policy Act possible occurrence in the central and organization, or small business, as western North Pacific and eastern To comply with the National defined by the RFA. Any requirements Indian Oceans are listed as endangered Environmental Policy Act of 1969 imposed by an LOA issued pursuant to or threatened under the ESA: Blue (NEPA; 42 U.S.C. 4321 et seq.) and these regulations, and any monitoring or whale; fin whale; humpback whale NOAA Administrative Order (NAO) reporting requirements imposed by (Western North Pacific DPS); North 216–6A, NMFS must evaluate our these regulations, will be applicable Pacific right whale; sei whale; gray proposed action (i.e., the promulgation only to the Navy. NMFS does not expect whale (Western North Pacific DPS); of regulations and issuance of the LOA) the issuance of these regulations or the sperm whale; false killer whale (Main and alternatives with respect to associated LOA to result in any impacts Hawaiian Islands Insular DPS); Steller potential impacts on the human to small entities pursuant to the RFA. sea lion (western DPS); spotted seal environment. NMFS participated as a Because this action will directly affect (Southern DPS); and Hawaiian monk cooperating agency on the 2019 the Navy and not a small entity, NMFS seal. ESA-designated critical habitat for SURTASS LFA sonar Final concludes the action will not result in Hawaiian monk seals and Main Supplemental Environmental Impact a significant economic impact on a Hawaiian Island insular false killer Statement/Supplemental Overseas substantial number of small entities. No whales is also located in the Study Area. Environmental Impact Statement comments were received regarding this The Navy consulted with NMFS (SURTASS LFA FSEIS/SOEIS) which certification. As a result, a regulatory pursuant to section 7 of the ESA, and was published on July 5, 2019 (84 FR flexibility analysis is not required and NMFS also consulted internally on the 32168), and is available at http:// none has been prepared. issuance of these regulations and LOA www.surtass-lfa-eis.com. In accordance under section 101(a)(5)(A) of the MMPA with 40 CFR 1506.3, NMFS Waiver of Delay in Effective Date for SURTASS LFA sonar training and independently reviewed and evaluated NMFS has determined that there is testing activities. NMFS issued a the 2019 SURTASS LFA FSEIS/SOEIS good cause under the Administrative Biological Opinion concluding that the and determined that it is adequate and Procedure Act (5 U.S.C. 553(d)(3)) to issuance of the rule and subsequent sufficient to meet our responsibilities waive the 30-day delay in the effective LOA is not likely to jeopardize the under NEPA for the issuance of this rule date of this final rule. No individual or continued existence of the threatened and associated LOA, and adopted the entity other than the Navy is affected by and endangered species under NMFS’ Navy’s SURTASS LFA FSEIS/SOEIS. the provisions of these regulations. The jurisdiction and is not likely to result in NMFS has prepared a separate Record of Navy has informed NMFS that it the destruction or adverse modification Decision. NMFS’ Record of Decision for requests that this final rule take effect of critical habitat in the SURTASS LFA adoption of the SURTASS LFA FSEIS/ on or by August 13, 2019, so as to not Study Area. The Biological Opinion for SOEIS and issuance of this final rule cause a disruption in training and this action is available at https:// and subsequent LOAs can be found at: testing activities when the NDE expires www.fisheries.noaa.gov/national/ https://www.fisheries.noaa.gov/ on August 12, 2019. The Navy has a marine-mammal-protection/incidental- national/marine-mammal-protection/ compelling national security reason to take-authorizations-military-readiness- incidental-take-authorizations-military- continue military readiness activities activities. readiness-activities. without interruption to the SURTASS The USFWS is responsible for LFA sonar activities. Suspension or regulating the take of the several marine Classification interruption of the Navy’s ability to mammal species including the polar This action does not contain any conduct those activities disrupts bear, walrus, and dugong. The Navy has collection of information requirements adequate and realistic military determined that none of these species for purposes of the Paperwork readiness, proper operations, and occur in geographic areas that overlap Reduction Act of 1980 (44 U.S.C. 3501 suitability for combat essential to with SURTASS LFA sonar activities et seq.). national security. NMFS was unable to and, therefore, that SURTASS LFA The Office of Management and Budget accommodate the 30-day delay of the sonar activities will have no effect on has determined that this final rule is not effectiveness period due to the need for the endangered or threatened species or significant for purposes of Executive more time to consider additional the critical habitat of ESA-listed species Order 12866. mitigation measures and finalize NEPA under the jurisdiction of the USFWS. Pursuant to the Regulatory Flexibility obligations. The waiver of the 30-day Thus, no consultation with the USFWS Act (RFA), the Chief Counsel for delay of the effective date of the final pursuant to Section 7 of the ESA Regulation of the Department of rule will ensure that the MMPA final occurred. Commerce certified to the Chief Counsel rule and LOA are in place by the time for Advocacy of the Small Business the NDE expires. Any delay in finalizing National Marine Sanctuaries Act Administration at the proposed rule the rule would result in either: (1) A Under section 304(d) of the National stage that this action will not have a suspension of planned naval training Marine Sanctuaries Act (NMSA), federal significant economic impact on a and testing, which would disrupt vital agencies are required to consult with substantial number of small entities. training and testing essential to national NOAA’s Office of National Marine The RFA requires a Federal agency to security; or (2) absent another NDE, the Sanctuaries (ONMS) on activities that prepare an analysis of a rule’s impact on potential for unauthorized takes of are likely to destroy, cause the loss of, small entities whenever the agency is marine mammals by Navy (should the or injure any sanctuary resource, unless required to publish a notice of proposed Navy conduct training and testing it is determined that consultation is not rulemaking. However, a Federal agency without an LOA). Moreover, the Navy is required. Based on NMFS’ assessment of may certify, pursuant to 5 U.S.C. 605(b), ready to implement the rule

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immediately. For these reasons, NMFS PART 218–REGULATIONS 218.238 Renewals and modifications of a finds good cause to waive the 30-day GOVERNING THE TAKING AND Letter of Authorization. delay in the effective date. In addition, IMPORTING OF MARINE MAMMALS the rule authorizes incidental take of Subpart X—Taking and Importing of marine mammals that would otherwise ■ 1. The authority citation for part 218 Marine Mammals; U.S. Navy be prohibited under the statute. continues to read as follows: Surveillance Towed Array Sensor Therefore, the rule is granting an System Low Frequency Active Authority: 16 U.S.C. 1361 et seq. exception to the Navy and relieving (SURTASS LFA) Sonar Training and restrictions under the MMPA, which is ■ 2. Add subpart X to read as follows: Testing in the Central and Western North Pacific and Eastern Indian a separate basis for waiving the 30-day Subpart X—Taking and Importing of Marine effective date for the rule. Mammals; U.S. Navy Surveillance Towed Oceans Array Sensor System Low Frequency Active List of Subjects in 50 CFR Part 218 § 218.230 Specified activity, level of taking, (SURTASS LFA) Sonar Training and Testing and species/stocks. Exports, Fish, Imports, Indians, in the Central and Western North Pacific Labeling, Marine mammals, Penalties, and Eastern Indian Oceans Regulations in this subpart apply to Reporting and recordkeeping Sec. the U.S. Navy (Navy) for the taking of requirements, Seafood, Transportation. 218.230 Specified activity, level of taking, marine mammals that occurs incidental Dated: July 31, 2019. and species/stocks. to the Navy’s SURTASS LFA sonar 218.231 Effective dates. Samuel D. Rauch III, training and testing activities under 218.232 Permissible methods of taking. authority of the Secretary of the Navy Deputy Assistant Administrator for 218.233 Prohibitions. Regulatory Programs, National Marine 218.234 Mitigation. within the central and western North Fisheries Service. 218.235 Requirements for monitoring. Pacific and eastern Indian Oceans For reasons set forth in the preamble, 218.236 Requirements for reporting. (SURTASS LFA Sonar Study Area) 50 CFR part 218 is amended as follows: 218.237 Letter of Authorization. (Table 1 to § 218.230).

TABLE 1 TO § 218.230—SPECIES/STOCKS PROPOSED FOR AUTHORIZATION BY LEVEL B HARASSMENT FOR THE 7-YEAR PERIOD OF THE PROPOSED RULE BY SURTASS LFA SONAR TRAINING AND TESTING ACTIVITIES

Species Stock 1

Antarctic minke whale ...... ANT. Blue whale ...... CNP. NIND. WNP. SIND. Bryde’s whale ...... ECS. Hawaii. WNP. NIND. SIND. Common minke whale ...... Hawaii. IND. WNP JW. WNP OE. YS. Fin whale ...... ECS. Hawaii. IND. SIND. WNP. Humpback whale ...... CNP stock and Hawaii DPS. WAU stock and DPS. WNP stock and DPS. North Pacific right whale ...... WNP. Omura’s whale ...... NIND. SIND. WNP. Sei whale ...... Hawaii. SIND. NP. NIND. Western North Pacific gray whale ...... WNP stock and Western DPS. Baird’s beaked whale ...... WNP. Blainville’s beaked whale ...... Hawaii. WNP. IND. Common bottlenose dolphin ...... 4-Islands. Hawaii Island. Hawaii Pelagic. IA. IND. Japanese Coastal. Kauai/Niihau.

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TABLE 1 TO § 218.230—SPECIES/STOCKS PROPOSED FOR AUTHORIZATION BY LEVEL B HARASSMENT FOR THE 7-YEAR PERIOD OF THE PROPOSED RULE BY SURTASS LFA SONAR TRAINING AND TESTING ACTIVITIES—Continued

Species Stock 1

Oahu. WNP Northern Offshore. WNP Southern Offshore. WAU. Common dolphin ...... IND. WNP. Cuvier’s beaked whale ...... Hawaii. IND. SH. WNP. Dall’s porpoise ...... SOJ dalli type. WNP dalli ecotype. WNP truei ecotype. Deraniyagala’s beaked whale ...... IND. NP. Dwarf sperm whale ...... Hawaii. IND. WNP. False killer whale ...... Hawaii Pelagic. IA. IND. Main Hawaiian Islands Insular stock and DPS. Northwestern Hawaiian Islands. WNP. Fraser’s dolphin ...... CNP. Hawaii. IND. WNP. Ginkgo-toothed beaked whale ...... IND. NP. Harbor porpoise ...... WNP. Hubbs’ beaked whale ...... NP. Indo-Pacific bottlenose dolphin ...... IND. Killer whale ...... Hawaii. IND. WNP. Kogia spp...... WNP. Longman’s beaked whale ...... Hawaii. IND. WNP. Melon-headed whale ...... Hawaiian Islands. IND. Kohala Resident. WNP. Mesoplodon spp...... WNP. Northern right whale dolphin ...... NP. Pacific white-sided dolphin ...... NP. Pantropical spotted dolphin ...... 4-Islands. Hawaii Island. Hawaiian Pelagic. IND. Oahu. WNP. Pygmy killer whale ...... Hawaii. IND. WNP. Pygmy sperm whale ...... Hawaii. IND. WNP. Risso’s dolphin ...... Hawaii. IA. WNP. IND. Rough-toothed dolphin ...... Hawaii. IND. WNP. Short-finned pilot whale ...... Hawaii. IND. WNP Northern Ecotype. WNP Southern Ecotype. Southern bottlenose whale ...... IND.

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TABLE 1 TO § 218.230—SPECIES/STOCKS PROPOSED FOR AUTHORIZATION BY LEVEL B HARASSMENT FOR THE 7-YEAR PERIOD OF THE PROPOSED RULE BY SURTASS LFA SONAR TRAINING AND TESTING ACTIVITIES—Continued

Species Stock 1

Spade-toothed beaked whale ...... IND. Sperm whale ...... Hawaii. NIND. NP. SIND. Spinner dolphin ...... Hawaii Island. Hawaii Pelagic. IND. Kauai/Niihau. Kure/Midway Atoll. Oahu/4-Islands. Pearl and Hermes Reef. WNP. Stejneger’s beaked whale ...... WNP. Striped dolphin ...... Hawaii. IND. Japanese Coastal. WNP Northern Offshore. WNP Southern Offshore. Hawaiian monk seal ...... Hawaii. Northern fur seal ...... Western Pacific. Ribbon seal ...... NP. Spotted seal ...... Alaska stock/Bering Sea DPS. Southern stock and DPS. Steller sea lion ...... Western/Asian stock and Western DPS. 1 ANT = Antarctic; CNP = Central North Pacific; NP = North Pacific; NIND = Northern Indian; SIND = Southern Indian; IND = Indian; WNP = Western North Pacific; ECS = East China Sea; WP = Western Pacific; SOJ = Sea of Japan; IA = Inshore Archipelago; WAU = Western Australia; YS = Yellow Sea; OE = Offshore Japan; OW = Nearshore Japan; JW = Sea of Japan/Minke; JE = Pacific coast of Japan; SH = Southern Hemi- sphere; DPS = distinct population segment.

§ 218.231 Effective dates. (d) Take any marine mammal (b) General operating procedures. (1) Regulations in this subpart are specified in the LOA if NMFS makes a Prior to SURTASS LFA sonar activities, effective from August 13, 2019, through determination that such taking is the Navy will promulgate executive August 12, 2026. having, or may have, more than a guidance for the administration, negligible impact on the species or execution, and compliance with the § 218.232 Permissible methods of taking. stocks concerned; or environmental regulations under these Under a Letter or Letters of (e) Take a marine mammal specified regulations and LOA. Authorization (LOA) issued pursuant to in the LOA if NMFS determines such (2) The Navy must not transmit the §§ 216.106 of this chapter and 218.237, taking is having, or may have, an SURTASS LFA sonar signal at a the Holder of the LOA (hereinafter unmitigable adverse impact on frequency greater than 500 Hz. ‘‘Navy’’) may incidentally, but not availability of the species or stock for (c) 2,000-yard LFA sonar mitigation intentionally, take marine mammals taking for subsistence uses. zone; suspension and delay. If a marine within the area described in § 218.230 mammal is detected, through by Level B harassment associated with § 218.234 Mitigation. monitoring required under § 218.235, SURTASS LFA sonar training and When conducting activities identified within or about to enter within 2,000 testing provided the activity is in in § 218.230, the mitigation measures yards of the SURTASS LFA source (i.e., compliance with all terms, conditions, described in this section and in any the LFA mitigation zone), the Navy and requirements of the regulations in LOA issued under §§ 216.106 of this must immediately delay or suspend this subpart and the applicable LOA. chapter and 218.237 must be SURTASS LFA sonar transmissions. § 218.233 Prohibitions. implemented. (d) Resumption of SURTASS LFA Notwithstanding takings (a) Personnel training—lookouts. The sonar transmissions. (1) The Holder of contemplated in § 218.230 and Navy will utilize one or more trained a LOA may not resume SURTASS LFA authorized by a LOA issued under marine biologists qualified in sonar transmissions earlier than 15 §§ 216.106 of this chapter and 218.237, conducting at-sea marine mammal minutes after: no person in connection with the visual monitoring to conduct at-sea (i) All marine mammals have left the activities described in § 218.230 may: marine mammal visual monitoring area of the 2,000-yard LFA sonar (a) Violate, or fail to comply with, the training and qualify designated ship mitigation zone; and terms, conditions, and requirements of personnel to conduct at-sea visual (ii) There is no further detection of this subpart or a LOA issued under monitoring. Training will ensure quick any marine mammal within the 2,000- §§ 216.106 of this chapter and 218.237; and effective communication within the yard LFA sonar mitigation zone as (b) Take any marine mammal not command structure in order to facilitate determined by the visual, passive specified in such LOAs; implementation of protective measures acoustic, and active acoustic high (c) Take any marine mammal if they detect marine mammals and may frequency monitoring described in specified in such LOAs in any manner be accomplished either in-person, or via § 218.235. other than Level B harassment; video training. (2) [Reserved]

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(e) Ramp-up procedures for the high- exceed 180 dB re: 1 mPa rms at a (18.5 km) of any single OBIA during any frequency marine mammal monitoring distance of 1 km (0.5 nmi) seaward of year, naval units will obtain permission (HF/M3) sonar required under the outer perimeter of any Offshore from the appropriate designated § 218.235. (1) The Navy must ramp up Biologically Important Area (OBIA) Command authority prior to the HF/M3 sonar power level beginning designated in the Study Area for commencement of the activity. The at a maximum source sound pressure SURTASS LFA sonar in paragraph (f)(2) Navy will provide NMFS with level of 180 dB: re 1 mPa at 1 meter in of this section, or subsequently notification as soon as is practicable and 10-dB increments to operating levels identified through the Adaptive include the information (e.g., sonar over a period of no less than five Management process specified in hours) in its annual activity reports minutes: § 218.241, during the period specified. submitted to NMFS. (i) At least 30 minutes prior to any The boundaries and periods of such (iv) No activities with the SURTASS SURTASS LFA sonar transmissions; and OBIAs will be kept on file in NMFS’ LFA system will occur within territorial (ii) Anytime after the HF/M3 source Office of Protected Resources and on its seas of foreign nations, which are areas has been powered down for more than website at https:// from 0 up to 12 nmi from shore, two minutes. www.fisheries.noaa.gov/national/ (2) The Navy must not increase the marine-mammal-protection/incidental- depending on the distance that HF/M3 sound pressure level once a take-authorizations-military-readiness- individual nations claim; and marine mammal is detected; ramp-up activities. (v) No activities with the SURTASS may resume once marine mammals are LFA sonar system will occur in the no longer detected. (iii) No more than 25 percent of the authorized amount (transmission hours) waters of Penguin Bank, Hawaii (f) Geographic restrictions on the (defined as water depth of 600 ft (183 SURTASS LFA sonar sound field. (1) of SURTASS LFA sonar for training and testing will be conducted within 10 nmi m)), and ensonification of Hawaii state LFA sonar training and testing activities waters (out to 3 nmi) will not exceed must be conducted such that: (18.5 km) of any single OBIA during any 145 dB re: 1 mPa rms. (i) The received level of SURTASS year (no more than 124 hours in years LFA sonar transmissions will not 1–4 and 148 hours in years 5–7) unless (2) Offshore Biologically Important exceed 180 dB re: 1 mPa rms within 22 the following conditions are met: Areas (OBIAs) for marine mammals km (12 nmi) from any emergent land, Should national security present a (with specified periods) for SURTASS including offshore islands; requirement to conduct more than 25 LFA sonar training and testing activities (ii) The received level of SURTASS percent of authorized hours of include the following (Table 1 to LFA sonar transmissions will not SURTASS LFA sonar within 10 nmi paragraph (f)(2)):

TABLE 1 TO PARAGRAPH (f)(2)—OFFSHORE BIOLOGICALLY IMPORTANT AREAS (OBIAS)

OBIA name Ocean area Effective seasonal period

Main Hawaiian Islands ...... Central North Pacific ...... November to April. Northwestern Hawaiian Islands ...... Central North Pacific ...... December to April. Mariana Islands ...... Western North Pacific ...... February to April. Ryukyu-Philippines ...... Western North Pacific ...... January to April. Ogasawara Islands (Sperm Whale) ...... Western North Pacific ...... June to September. Ogasawara-Kazin Islands (Humpback Whale) ...... Western North Pacific ...... December to May. Honshu ...... Western North Pacific ...... January to May. Southeast Kamchatka ...... Western North Pacific ...... June to September. Gulf of Thailand ...... Eastern Indian Ocean ...... April to November. Western Australia (Blue Whale) ...... Eastern Indian Ocean ...... May to November. Western Australia (Humpback Whale) ...... Eastern Indian Ocean ...... May to December. Southern Bali ...... Eastern Indian Ocean ...... October to November. Swatch-of-No-Ground (SoNG) ...... Northern Bay of Bengal ...... Year-round. Sri Lanka ...... Eastern Indian Ocean ...... October to April.

(g) Minimization of additional harm 30 minutes after sunset). During training ramp-up requirements in § 216.234(e) of to live-stranded (or milling) mammals. and testing activities that employ this chapter. The Navy must consult the Notification SURTASS LFA sonar in the active (b) Monitoring under paragraph (a) of and Reporting Plan, which sets out the mode, the SURTASS vessels must have this section must: requirements for when live stranded Lookouts to maintain a topside watch (1) Commence at least 30 minutes marine mammals are reported in the with standard binoculars (7x) and with before the first SURTASS LFA sonar Study Area. The Stranding and the naked eye. If the lookout sights a training and testing transmission; Notification Plan is available at: https:// possible marine mammal, the lookout (2) Continue between transmission www.fisheries.noaa.gov/action/ will use big-eye binoculars (25x) to pings; and incidental-take-authorization-us-navy- confirm the sighting and potentially (3) Continue either for at least 15 operations-surveillance-towed-array- identify the marine mammal species. minutes after completion of the sensor-system-0. (2) Use the passive SURTASS sonar SURTASS LFA sonar training and § 218.235 Requirements for monitoring. component to detect vocalizing marine testing transmission, or, if marine mammals; and mammals are exhibiting unusual (a) The Navy must: (3) Use the HF/M3 sonar to locate and changes in behavioral patterns, until (1) Conduct visual monitoring from track marine mammals in relation to the behavior patterns return to normal or the ship’s bridge during all daylight SURTASS LFA sonar vessel and the conditions prevent continued hours (30 minutes before sunrise until LFA mitigation zone, subject to the observations.

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(c) The Navy must designate qualified NMFS as described in this paragraph § 218.238 Renewals and modifications of a on-site individuals to conduct the (b). Letter of Authorization. mitigation, monitoring, and reporting (c) The Navy will continue to assess (a) An LOA issued under §§ 216.106 activities specified in these regulations the data collected by its undersea arrays of this chapter and 218.237 for the and LOA issued under §§ 216.106 of and work toward making some portion activity identified in § 218.230 may be this chapter and 218.237. of that data, after appropriate security renewed or modified upon request by (d) The Navy must continue to assess reviews, available to scientists with the applicant, provided that: data from the Marine Mammal appropriate clearances. Any portions of (1) The planned specified activity and Monitoring Program and work toward the analyses conducted by these mitigation, monitoring, and reporting making some portion of that data, after scientists based on these data that are measures, as well as the anticipated appropriate security reviews, available determined to be unclassified after impacts, are the same as those described to scientists with appropriate appropriate security reviews will be and analyzed for the regulations in this clearances. Any portions of the analyses made publically available. subpart (excluding changes made conducted by these scientists based on pursuant to the adaptive management (d) The Navy must consult the provision in paragraph (c)(1) of this these data that are determined to be Notification and Reporting Plan, which unclassified after appropriate security section); and sets out notification, reporting, and (2) NMFS determines that the reviews will be made publically other requirements for when dead, available. mitigation, monitoring, and reporting injured, or live stranded marine measures required by the previous (e) The Navy must collect ambient mammals are reported in the Study noise data and will explore the LOA(s) were implemented. Area. The Stranding and Notification (b) For LOA modification or renewal feasibility of declassifying and archiving Plan is available at: https:// the ambient noise data for incorporation requests by the Navy that include www.fisheries.noaa.gov/action/ changes to the activity or to the into appropriate ocean noise budget incidental-take-authorization-us-navy- efforts. mitigation, monitoring, or reporting operations-surveillance-towed-array- measures (excluding changes made (f) The Navy must conduct all sensor-system-0. pursuant to the adaptive management monitoring required under LOAs. § 218.237 Letter of Authorization. provision in paragraph (c)(1) of this § 218.236 Requirements for reporting. section) that do not change the findings (a) To incidentally take marine made for the regulations or that do not (a) The Navy must submit classified mammals pursuant to these regulations, and unclassified annual training and result in more than a minor change in Navy must apply for and obtain a Letter the total estimated number of takes (or testing activity reports to the Director, of Authorization (LOA). Office of Protected Resources, NMFS, no distribution by species or stock or later than 90 days after the end of each (b) An LOA, unless suspended or years), NMFS may publish notification year covered by the LOA beginning on revoked, may be effective for a period of of a planned LOA in the Federal the date of effectiveness of a LOA. Each time not to exceed the expiration date Register, including the associated annual training and testing activity of these regulations. analysis of the change, and solicit report will include a summary of all (c) If an LOA expires prior to the public comment before issuing the LOA. active-mode training and testing expiration date of these regulations, (c) An LOA issued under §§ 216.106 activities completed during that year. At Navy may apply for and obtain a of this chapter and 218.237 may be a minimum, each classified training and renewal of the LOA. modified by NMFS under the following testing activity report must contain the (d) In the event of projected changes circumstances: (1) Adaptive management. After following information: to the activity or to mitigation and consulting with the Navy regarding the (1) Dates, times, and location of each monitoring measures required by an practicability of the modifications, vessel during each training and testing LOA (excluding changes made pursuant NMFS may modify (including adding or activity; to the adaptive management provision removing measures) the existing (2) Information on sonar of § 218.239), the Navy must apply for mitigation, monitoring, or reporting transmissions during each training and and obtain a modification of the LOA as measures if doing so creates a testing activity; described in § 218.238. reasonable likelihood of more (3) Results of the marine mammal (e) The LOA shall set forth: effectively accomplishing the goals of monitoring program specified in the (1) Permissible methods of incidental the mitigation and monitoring. LOA; and taking; (i) Possible sources of data that could (4) Estimates of the percentages of (2) Means of effecting the least contribute to the decision to modify the marine mammal species and stocks practicable adverse impact on the mitigation, monitoring, or reporting affected (both for the year and species, its habitat, and on the measures in an LOA include: cumulatively for each successive year) availability of the species for (A) Results from the Navy’s covered by the LOA. subsistence uses (i.e., mitigation); and monitoring from the previous year(s); (b) The seventh annual report must be (B) Results from other marine (3) Requirements for monitoring and prepared as a final comprehensive mammal and/or sound research or reporting. report, which will include information studies; or for the final year as well as the prior six (f) Issuance of the LOA will be based (C) Any information that reveals years of activities under the rule. This on a determination that the level of marine mammals may have been taken final comprehensive report must also taking will be consistent with the in a manner, extent, or number not contain an unclassified analysis of new findings made for the total taking authorized by the regulations in this passive sonar technologies and an allowable under these regulations. subpart or subsequent LOAs. assessment of whether such a system is (g) Notice of issuance or denial of an (ii) If, through adaptive management, feasible as an alternative to SURTASS LOA will be published in the Federal the modifications to the mitigation, LFA sonar, and be submitted to the Register within thirty days of a monitoring, or reporting measures are Director, Office of Protected Resources, determination. substantial, NMFS will publish a notice

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of planned LOA in the Federal Register species or stocks of marine mammals comment. Notice would be published in and solicit public comment. specified in LOAs issued pursuant to the Federal Register within thirty days (2) Emergencies. If NMFS determines §§ 216.106 of this chapter and 218.237, of the action. that an emergency exists that poses a an LOA may be modified without prior [FR Doc. 2019–16695 Filed 8–12–19; 8:45 am] significant risk to the well-being of the notice or opportunity for public BILLING CODE 3510–22–P

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Part III

Department of Defense General Services Administration National Aeronautics and Space Administration

48 CFR Chapter 1 Federal Acquisition Regulations; Interim Rules

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DEPARTMENT OF DEFENSE and National Aeronautics and Space DATES: For effective date see the Administration (NASA). separate document, which follows. GENERAL SERVICES ADMINISTRATION ACTION: Summary presentation of an FOR FURTHER INFORMATION CONTACT: interim rule. [email protected] or call 202–969– NATIONAL AERONAUTICS AND 4075. Please cite FAC 2019–05, FAR SPACE ADMINISTRATION SUMMARY: This document summarizes Case 2018–017. the Federal Acquisition Regulation SUPPLEMENTARY INFORMATION: A (FAR) rule agreed to by the Civilian 48 CFR Chapter 1 summary for the FAR rule follows. For Agency Acquisition Council and the the actual revisions and/or amendments [Docket No. FAR 2019–0002, Sequence No. Defense Acquisition Regulations 4] Council (Councils) in this Federal made by this FAR Case, refer to the specific subject set forth in the Federal Acquisition Regulation; Acquisition Circular (FAC) 2019–05. A companion document, the Small Entity document following this item summary. Federal Acquisition Circular 2019–05; FAC 2019–05 amends the FAR as Introduction Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is follows: AGENCY: Department of Defense (DoD), available via the internet at http:// General Services Administration (GSA), www.regulations.gov.

RULE LISTED IN FAC 2019–05

Subject FAR case Analyst

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment ...... 2018–017 Francis.

Prohibition on Contracting for Certain an exception applies or the covered is effective August 13, 2019 except for FAR Telecommunications and Video telecommunications equipment or Case 2018–017, which is effective August 13, Surveillance Services or Equipment services are covered by a waiver 2019. (FAR Case 2018–017) described in FAR 4.2104. The contractor Kim Herrington, must also report any such equipment, Acting Principal Director, Defense Pricing This interim rule amends the FAR to systems, or services discovered during and Contracting, Department of Defense. implement section 889(a)(1)(A) of the contract performance; this requirement Jeffrey A. Koses, John S. McCain National Defense flows down to subcontractors. Senior Procurement Executive/Deputy CAO, Authorization Act (NDAA) for Fiscal This rule applies to all acquisitions, Office of Acquisition Policy, U.S. General Year (FY) 2019 (Pub. L. 115–232). including acquisitions at or below the Services Administration. Paragraph (a)(1)(A) of section 889 simplified acquisition threshold and to William G. Roets, II, prohibits agencies from procuring or acquisitions of commercial items, Acting Assistant Administrator, Office of obtaining, or extending or renewing a including commercially available off- Procurement, National Aeronautics and contract to procure or obtain, any the-shelf items. It may have a significant Space Administration. equipment, system, or service that uses economic impact on a substantial [FR Doc. 2019–17200 Filed 8–12–19; 8:45 am] covered telecommunication equipment number of small entities. BILLING CODE 6820–EP–P or services as a substantial or essential This interim rule is being component of any system, or as a implemented as a national security critical technology as part of any system measure to protect Government DEPARTMENT OF DEFENSE on or after August 13, 2019, unless an information, and Government exception applies or a waiver has been information and communication GENERAL SERVICES granted. Further prohibitions at technology systems. ADMINISTRATION paragraph (a)(1)(B) of section 889 go Contracting officers shall modify into effect August 13, 2020, and will be certain contracts to include the new NATIONAL AERONAUTICS AND addressed through separate rulemaking. FAR clause, as specified in the ‘‘Dates’’ SPACE ADMINISTRATION To implement paragraph (a)(1)(A) of section of the preamble of the interim section 889, this interim rule provides a rule. Contracting officers also shall 48 CFR Parts 1, 4, 12, 13, 39, and 52 new solicitation provision and contract include the new FAR provision in clause. The provision at FAR 52.204–24 solicitations for an order, or notices of [FAC 2019–05; FAR Case 2018–017; Docket requires offerors to represent whether intent to place an order, under those No. 2018–0017, Sequence No. 1] their offer includes covered contracts. telecommunications equipment or RIN 9000–AN83 services and if so, to identify additional Janet M. Fry, details about its use. Representations are Director, Federal Acquisition Policy Division, Federal Acquisition Regulation: also required for orders on indefinite Office of Government-Wide Policy. Prohibition on Contracting for Certain delivery contracts. The clause at FAR Federal Acquisition Circular (FAC) 2019– Telecommunications and Video 52.204–25 prohibits contractors from 05 is issued under the authority of the Surveillance Services or Equipment Secretary of Defense, the Administrator of providing any equipment, system, or AGENCY: Department of Defense (DoD), service that uses covered General Services, and the Administrator of National Aeronautics and Space General Services Administration (GSA), telecommunications equipment or Administration. and National Aeronautics and Space services as a substantial or essential Unless otherwise specified, all Federal Administration (NASA). component of any system, or as critical Acquisition Regulation (FAR) and other ACTION: Interim rule. technology as part of any system, unless directive material contained in FAC 2019–05

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SUMMARY: DoD, GSA, and NASA are • Mail: General Services for FY 2019, Pub. L. 115–232, 50 U.S.C. issuing an interim rule amending the Administration, Regulatory Secretariat 4565(a)(6)(A)). Federal Acquisition Regulation (FAR) to Division (MVCB), 1800 F Street NW, ‘‘Covered foreign country,’’ as defined implement section 889(a)(1)(A) of the 2nd Floor, Washington, DC 20405. in section 889, means the People’s John S. McCain National Defense Instructions: Please submit comments Republic of China. Authorization Act (NDAA) for Fiscal only and cite ‘‘FAR Case 2018–017’’ in Under certain circumstances, section Year (FY) 2019 (Pub. L. 115–232). all correspondence related to this case. 889 allows the head of an executive DATES: Effective Date: August 13, 2019. All comments received will be posted agency to grant a one-time waiver on a Applicability: without change to http:// case-by-case basis for up to a two-year Contracting officers shall include the ;www.regulations.gov, including any period; in other circumstances, waivers provision at FAR 52.204–24, personal and/or business confidential issued by the Director of National Representation Regarding Certain information provided. Intelligence are authorized. This rule requires submission of a Telecommunications and Video FOR FURTHER INFORMATION CONTACT: representation with each offer that will Surveillance Services or Equipment and [email protected] or call 202–969– require offerors to identify as part of clause at FAR 52.204–25, Prohibition on 4075. Please cite FAR Case 2018–017. their offer any covered Contracting for Certain SUPPLEMENTARY INFORMATION: telecommunications equipment or Telecommunications and Video services that will be provided to the Surveillance Services or Equipment as I. Background Government. DoD, GSA, and NASA prescribed— This interim rule revises the FAR to recognize that some agencies may need • In solicitations issued on or after implement section 889(a)(1)(A) of the to tailor the approach to the information August 13, 2019, and resultant NDAA for FY 2019 (Pub. L. 115–232). collected based on the unique mission contracts; and Section 889(a)(1)(A) prohibits agencies and supply chain risks for their agency. • In solicitations issued before from procuring or obtaining, or In order to reduce the information August 13, 2019, provided award of the extending or renewing a contract to collection burden imposed on the resulting contract(s) occurs on or after procure or obtain, any equipment, public, DoD, GSA, and NASA are August 13, 2019. system, or service that uses covered currently working on updates to the Contracting officers shall modify, in telecommunications equipment or System for Award Management to allow accordance with FAR 1.108(d), existing services as a substantial or essential offerors to represent annually whether indefinite delivery contracts to include component of any system, or as a they sell equipment, systems, or the FAR clause for future orders, prior critical technology as part of any services that include covered to placing any future orders. system, on or after August 13, 2019. telecommunications equipment or If modifying an existing contract or ‘‘Covered telecommunications services. Only offerors that provide an task or delivery order to extend the equipment or services,’’ as defined in affirmative response to the annual period of performance, including the statute, means— representation would be required to exercising an option, contracting • Telecommunications equipment provide the offer-by-offer representation officers shall include the clause in produced by Huawei Technologies in their offers for contracts and for task accordance with 1.108(d). Company or ZTE Corporation (or any or delivery orders under indefinite The contracting officer shall include subsidiary or affiliate of such entities); • delivery contracts. the provision at 52.204–24, For the purpose of public safety, The prohibition in section Representation Regarding Certain security of Government facilities, 889(a)(1)(B) is not effective until August Telecommunications and Video physical security surveillance of critical 13, 2020, and will be implemented Surveillance Services or Equipment, in infrastructure, and other national through separate rulemaking. all solicitations for an order, or notices security purposes, video surveillance of intent to place an order, including and telecommunications equipment II. Discussion and Analysis those issued before August 13, 2019, produced by Hytera Communications This rule amends FAR part 4, adding where performance will occur on or Corporation, Hangzhou Hikvision a new subpart 4.21, Prohibition on after that date, under an existing Digital Technology Company, or Dahua Contracting for Certain indefinite delivery contract. Technology Company (or any subsidiary Telecommunications and Video Comment date: Interested parties or affiliate of such entities); Surveillance Services or Equipment, should submit written comments to the • Telecommunications or video with a corresponding new provision at Regulatory Secretariat Division at one of surveillance services provided by such 52.204–24, Representation Regarding the addresses shown below on or before entities or using such equipment; or Certain Telecommunications and Video October 15, 2019 to be considered in the • Telecommunications or video Surveillance Services or Equipment, formation of the final rule. surveillance equipment or services and contract clause at 52.204–25, ADDRESSES: Submit comments in produced or provided by an entity that Prohibition on Contracting for Certain response to FAR Case 2018–017 by any the Secretary of Defense, in consultation Telecommunications and Video of the following methods: with the Director of National Surveillance Services or Equipment. • Regulations.gov: http:// Intelligence or the Director of the The rule adds text in subpart 12.3, www.regulations.gov. Submit comments Federal Bureau of Investigation, Acquisition of Commercial Items, and via the Federal eRulemaking portal by reasonably believes to be an entity subpart 13.2, Actions at or Below the searching for ‘‘FAR Case 2018–017’’. owned or controlled by, or otherwise Micro-Purchase Threshold, to address Select the link ‘‘Comment Now’’ that connected to, the government of a section 889(a)(1)(A) with regard to corresponds with ‘‘FAR Case 2018– covered foreign country. commercial item representations and 017’’. Follow the instructions provided The rule adopts the definition of micro-purchases. on the screen. Please include your critical technologies included in the The definition of ‘‘critical name, company name (if any), and Foreign Investment Risk Review technologies’’ provided in FIRRMA has ‘‘FAR Case 2018–017’’ on your attached Modernization Act of 2018 (FIRRMA) been adopted to address the prohibition document. (Section 1703 of Title XVII of the NDAA in section 889(a)(1)(A) on providing

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covered telecommunications equipment 1.106 of OMB approval under the if the Administrator for Federal or services as ‘‘critical technology as Paperwork Reduction Act. Procurement Policy makes a written part of any system.’’ As with section III. Applicability to Contracts at or determination and finding that would 889, FIRRMA is aimed at ensuring that Below the Simplified Acquisition not be in the best interest of the Federal the United States is protected from Threshold and for Commercial Items, Government to exempt contracts for the certain risks regarding foreign actors. In Including Commercially Available Off- procurement of COTS items from the effectuating these protections, defining the-Shelf Items provision of law. terms in a consistent manner, to facilitate consistent application, is This rule adds a new provision at C. Determinations crucial. While there are elements of this 52.204–24, Representation Regarding definition that may not raise concerns Certain Telecommunications and Video The FAR Council has determined that regarding covered telecommunications Surveillance Services or Equipment, it is in the best interest of the equipment or services (for example, the and a new contract clause at 52.204–25, Government to apply the rule to inclusions of select agents or toxins), the Prohibition on Contracting for Certain contracts at or below the SAT and for majority of identified categories in the Telecommunications and Video the acquisition of commercial items. FIRRMA definition of ‘‘critical Surveillance Services or Equipment, in The Administrator for Federal technologies’’ include or could order to implement section 889(a)(1)(A) Procurement Policy has determined that potentially include covered of the NDAA for FY 2019, which it is in the best interest of the telecommunications equipment or prohibits the purchase of any Government to apply this rule to services. Since the prohibition does not equipment, system, or service that uses contracts for the acquisition of COTS apply if no covered telecommunications covered telecommunications equipment items. equipment or services are present, a or services as a substantial or essential While the law does not specifically definition that includes categories that component of any system, or as critical address acquisitions of commercial may be unlikely to include technology as part of any system on or items, including COTS items, there is an telecommunications equipment or after August 13, 2019, unless an unacceptable level of risk for the exception applies or a waiver has been services is overbroad in a way that Government in buying equipment, granted. incurs no additional cost, and ensures systems, or services that use covered the benefits of consistency with other A. Applicability to Contracts at or Below telecommunications equipment or Government efforts. the Simplified Acquisition Threshold To implement section 889(a)(1)(A), services as a substantial or essential the clause at 52.204–25 prohibits 41 U.S.C. 1905 governs the component of any system, or as critical contractors from providing any applicability of laws to acquisitions at technology as part of any system. This equipment, system, or service that uses or below the simplified acquisition level of risk is not alleviated by the fact covered telecommunications equipment threshold (SAT). Section 1905 generally that the equipment or service being or services as a substantial or essential limits the applicability of new laws acquired has been sold or offered for component of any system, or as critical when agencies are making acquisitions sale to the general public, either in the technology as part of any system, unless at or below the SAT, but provides that same form or a modified form as sold to an exception or a waiver applies. The such acquisitions will not be exempt the Government (i.e., that it is a contractor must also report any such from a provision of law under certain commercial item or COTS item), nor by equipment, systems, or services circumstances, including when the FAR the small size of the purchase (i.e., at or discovered during contract performance; Council makes a written determination below the SAT). As a result, agencies this requirement flows down to and finding that it would not be in the may face increased exposure for subcontractors. best interest of the Federal Government violating the law and unknowingly The provision at 52.204–24 is to exempt contracts and subcontracts in acquiring covered telecommunication required in all solicitations, and amounts not greater than the SAT from equipment or services absent coverage includes a representation that will the provision of law. of these types of acquisitions by this require offerors to identify as part of rule. their offer any covered B. Applicability to Contracts for the telecommunications equipment or Acquisition of Commercial Items, IV. Executive Orders 12866 and 13563 services that will be provided to the Including Commercially Available Off- Executive Orders (E.O.s) 12866 and Government. The additional the-Shelf Items 13563 direct agencies to assess all costs information provided through this 41 U.S.C. 1906 governs the and benefits of available regulatory representation will assist the applicability of laws to contracts for the Government in appropriately assessing acquisition of commercial items, and is alternatives and, if regulation is the presence of any covered intended to limit the applicability of necessary, to select regulatory telecommunications equipment or laws to contracts for the acquisition of approaches that maximize net benefits services that may be present in an offer, commercial items. Section 1906 (including potential economic, for example, to determine if the items in provides that if the FAR Council makes environmental, public health and safety question will be used as a substantial or a written determination that it is not in effects, distributive impacts, and essential component, or to determine if the best interest of the Federal equity). E.O. 13563 emphasizes the a waiver request may be appropriate. Government to exempt commercial item importance of quantifying both costs This rule also adds cross-references in contracts, the provision of law will and benefits, of reducing costs, of FAR parts 39, Acquisition of apply to contracts for the acquisition of harmonizing rules, and of promoting Information Technology, and 13, commercial items. flexibility. This rule has been Simplified Acquisition Procedures, to Finally, 41 U.S.C. 1907 states that designated a ‘‘significant regulatory the coverage of the section 889 acquisitions of commercially available action’’ under E.O. 12866. Accordingly, prohibition at FAR subpart 4.21. In off-the-shelf (COTS) items will be the Office of Management and Budget addition, the rule adds OMB Control exempt from a provision of law unless (OMB) has reviewed this rule. This rule Number 9000–0199 to the list at FAR certain circumstances apply, including is not a major rule under 5 U.S.C. 804.

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V. Executive Order 13771 representations will be submitted by all VII. Paperwork Reduction Act offerors, detailed additional information is This rule is not subject to the only estimated to be required from The Paperwork Reduction Act of 1995 requirements of E.O. 13771, because the approximately 10 percent of offerors, or (44 U.S.C. 3501 et seq.) (PRA) provides rule is issued with respect to a national 13,973 small entities. It is estimated that that an agency generally cannot conduct security function of the United States. reports will be submitted by 5 percent of or sponsor a collection of information, As highlighted by sections III, VII, and contractors, or 3,493 small entities. and no person is required to respond to VIII of this preamble, national security The provision at FAR 52.204–24 requires nor be subject to a penalty for failure to is a primary direct benefit of this rule. each offeror to represent whether it will comply with a collection of information, Also, though this rule is subject to the provide covered telecommunications unless that collection has obtained OMB regulatory publication requirements of equipment or services. If the offeror responds affirmatively, the offeror is required to approval and displays a currently valid 41 U.S.C. 1707, application of the further disclose substantial detail regarding OMB Control Number. national security exemption under E.O. the basis for the affirmative representation. DoD, GSA, and NASA requested, and 13771 requires assessing the application Representations will be submitted by all OMB authorized, emergency processing of the ‘‘good cause’’ exception under 5 offerors, or 139,730 small entities; it is of the collection of information involved U.S.C. 553. This rule meets the ‘‘good estimated that detailed representations in this rule, consistent with 5 CFR cause’’ exception as the one-year following an affirmative response will be 1320.13. DoD, GSA, and NASA have deadline Congress established to submitted by 10 percent of contractors, or determined the following conditions 13,973 small entities. implement section 889(a)(1)(A) would have been met: not provide sufficient time for notice The clause at FAR 52.204–25 requires contractors and subcontractors to report to a. The collection of information is and comment in light of the complex the contracting officer, or for DoD through needed prior to the expiration of time nature of the rule and sensitive https://dibnet.dod.mil, any discovery of periods normally associated with a interagency process. covered telecommunications equipment or routine submission for review under the VI. Regulatory Flexibility Act services during the course of contract provisions of the PRA, because the performance. prohibition in section 889(a)(1)(A) goes DoD, GSA, and NASA expect that this The rule does not duplicate, overlap, or into effect on August 13, 2019. rule may have a significant economic conflict with any other Federal rules. b. The collection of information is impact on a substantial number of small Because of the nature of the prohibition essential to the mission of the agencies entities within the meaning of the enacted by section 889(a)(1)(A), it is not to ensure the Federal Government Regulatory Flexibility Act, 5 U.S.C. 601, possible to establish different compliance or complies with section 889(a)(1)(A) on et seq. An Initial Regulatory Flexibility reporting requirements or timetables that take into account the resources available to small the statute’s effective date in order to Analysis (IRFA) has been performed, entities or to exempt small entities from protect the Government supply chain and is summarized as follows: coverage of the rule, or any part thereof. from risks posed by covered The reason for this interim rule is to However, in order to reduce the information telecommunications equipment or implement section 889(a)(1)(A) of the John S. collection burden imposed on the public, services. DoD, GSA, and NASA are currently working McCain National Defense Authorization Act c. Moreover, DoD, GSA, and NASA (NDAA) for Fiscal Year (FY) 2019 (Pub. L. on updates to the System for Award 115–232). Management to allow offerors to represent cannot comply with the normal The objective of the rule is to prescribe annually whether they sell equipment, clearance procedures because public appropriate policies and procedures to systems, or services that include covered harm is reasonably likely to result if enable agencies to determine and ensure that telecommunications equipment or services. current clearance procedures are they are not procuring or obtaining any Only offerors that provide an affirmative followed. Authorizing collection of this equipment, system, or service that uses response to the annual representation would information on the effective date will covered telecommunications equipment or be required to provide the offer-by-offer ensure that agencies do not procure or services as a substantial or essential representation in their offers for contracts obtain, or extend or renew a contract to component of any system, or as critical and for task or delivery orders under technology as part of any system on or after indefinite delivery contracts. DoD, GSA, and procure or obtain, equipment, systems, August 13, 2019. The legal basis for the rule NASA were unable to identify any or services in violation of the is section 889(a)(1)(A) of the NDAA for FY alternatives that would reduce the burden on prohibition in section 889(a)(1)(A). It 2019, which prohibits Government small entities and still meet the objectives of will also avoid substantial additional procurement of such equipment, systems, section 889. costs that may be incurred from having and services on or after that date, unless an to replace such equipment, systems, or The Regulatory Secretariat Division exception applies or a waiver has been services that are purchased in violation has submitted a copy of the IRFA to the granted. of section 889(a)(1)(A), as well as This collection includes a burden for Chief Counsel for Advocacy of the Small additional administrative costs for reporting during contract performance and a Business Administration. A copy of the reprocurement. representation. A data set was generated from IRFA may be obtained from the the Federal Procurement Data System (FPDS) Regulatory Secretariat Division. DoD, DoD, GSA, and NASA intend to for fiscal years (FY) 2016, 2017, and 2018 for GSA, and NASA invite comments from provide a separate 60-day notice in the use in estimating the number of small entities small business concerns and other Federal Register requesting public affected by this rule. comment on the information collections The representation requirement in FAR interested parties on the expected impact of this rule on small entities. contained within this rule under OMB provision 52.204–24 and the reporting Control Number 9000–0199. requirement in the clause at FAR 52.204–25 DoD, GSA, and NASA will also will be incorporated in all solicitations and consider comments from small entities Agency: DoD, GSA, and NASA. contracts, including contracts with small concerning the existing regulations in Type of Information Collection: New entities. The FPDS data indicates that the subparts affected by the rule in Collection. Government awarded contracts to an average Title of Collection: Representation of 95,223 unique entities, of which 69,865 accordance with 5 U.S.C. 610. Interested Regarding Certain Telecommunications and (73 percent) were small entities. DoD, GSA, parties must submit such comments Video Surveillance Services or Equipment. and NASA estimate that representations will separately and should cite 5 U.S.C. 610 Affected Public: Private Sector—Business. be received from twice this number of (FAR Case 2018–017) in Total Estimated Number of Respondents: entities, or 139,730 small entities. While correspondence. 190,446.

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Average Responses per Respondents: or services as a substantial or essential 4.2105 Solicitation provision and contract 41.25. component of any system, or as a clause. Total Estimated Number of Responses: critical technology as part of any system 4.2100 Scope of subpart. 7,855,881. on or after August 13, 2019, unless an Average Time (for both positive and This subpart implements paragraph negative representations) per Response: 0.105 exception applies or a waiver is granted. Because section 889(a)(1)(A) takes (a)(1)(A) of section 889 of the John S. hour. McCain National Defense Authorization effect on August 13, 2019, this rule must Total Annual Time Burden: 821,274. Act for Fiscal Year 2019 (Pub. L. 115– Agency: DoD, GSA, and NASA. take effect immediately to ensure 232). Type of Information Collection: New agencies and contractors are Collection. implementing the statutory prohibition. 4.2101 Definitions. Title of Collection: Prohibition on Pursuant to 41 U.S.C. 1707 and FAR As used in this subpart— Contracting for Certain Telecommunications 1.501–3(b), DoD, GSA, and NASA will and Video Surveillance Services or Covered foreign country means The Equipment. consider public comments received in People’s Republic of China. Affected Public: Private Sector—Business. response to this interim rule in the Covered telecommunications Total Estimated Number of Respondents: formation of the final rule. equipment or services means— 4,761. (1) Telecommunications equipment Average Responses per Respondents: 5. List of Subjects in 48 CFR Parts 1, 4, 12, 13, 39, and 52 produced by Huawei Technologies Total Estimated Number of Responses: Company or ZTE Corporation, (or any 23,805. Government procurement. subsidiary or affiliate of such entities); Average Time per Response: 1.5 hour. Total Annual Time Burden: 35,708. Janet M. Fry, (2) For the purpose of public safety, security of Government facilities, The public reporting burden for this Director, Federal Acquisition Policy Division, Office of Government-wide Policy. physical security surveillance of critical collection of information consists of a infrastructure, and other national representation to identify whether an Therefore, DoD, GSA, and NASA security purposes, video surveillance offeror will provide covered amend 48 CFR parts 1, 4, 12, 13, 39, and and telecommunications equipment telecommunications equipment and 52 as set forth below: produced by Hytera Communications services as required by 52.204–24 and ■ 1. The authority citation for 48 CFR Corporation, Hangzhou Hikvision reports of identified covered parts 1, 4, 12, 13, 39, and 52 continues Digital Technology Company, or Dahua telecommunications equipment and to read as follows: Technology Company (or any subsidiary services during contract performance as Authority: 40 U.S.C. 121(c); 10 U.S.C. or affiliate of such entities); required by 52.204–25. Representations chapter 137; and 51 U.S.C. 20113. (3) Telecommunications or video are estimated to average 0.105 hour (the surveillance services provided by such average of the time for both positive and PART 1—FEDERAL ACQUISITION entities or using such equipment; or negative representations) per response REGULATIONS SYSTEM (4) Telecommunications or video to review the prohibitions, research the surveillance equipment or services ■ source of the product or service, and 2. In section 1.106 amend the table by produced or provided by an entity that either provide a negative response in the adding the entries ‘‘4.21’’, ‘‘52.204–24’’ the Secretary of Defense, in consultation majority of cases or to complete the and ‘‘52.204–25’’ in numerical order to with the Director of National additional detailed disclosure, if read as follows: Intelligence or the Director of the applicable. Reports are estimated to OMB control Federal Bureau of Investigation, average 1.5 hours per response, FAR segment No. reasonably believes to be an entity including the time for reviewing owned or controlled by, or otherwise definitions, searching existing data connected to, the government of a sources, gathering and maintaining the ***** covered foreign country. data needed, and completing and 4.21 ...... 9000–0199 Critical technology means— reviewing the report. (1) Defense articles or defense services The subsequent 60-day notice to be ***** included on the United States published by DoD, GSA, and NASA will 52.204–24 ...... 9000–0199 Munitions List set forth in the 52.204–25 ...... 9000–0199 invite public comments. International Traffic in Arms VIII. Determination To Issue an Interim ***** Regulations under subchapter M of Rule chapter I of title 22, Code of Federal ■ Regulations; A determination has been made under 3. Revise the heading to Part 4 and add Subpart 4.21 to read as follows: (2) Items included on the Commerce the authority of the Secretary of Defense Control List set forth in Supplement No. (DoD), Administrator of General PART 4—ADMINISTRATIVE AND 1 to part 774 of the Export Services (GSA), and the Administrator INFORMATION MATTERS Administration Regulations under of the National Aeronautics and Space subchapter C of chapter VII of title 15, Administration (NASA) that urgent and * * * * * Code of Federal Regulations, and compelling reasons exist to promulgate controlled— this interim rule without prior Subpart 4.21—Prohibition on (i) Pursuant to multilateral regimes, opportunity for public comment. It is Contracting for Certain including for reasons relating to critical that the FAR is immediately Telecommunications and Video national security, chemical and revised to include the requirements of Surveillance Services or Equipment biological weapons proliferation, the law, which prohibits the Federal Sec. nuclear nonproliferation, or missile Government from procuring or 4.2100 Scope of subpart. technology; or obtaining, or extending or renewing a 4.2101 Definitions. (ii) For reasons relating to regional contract to procure or obtain, any 4.2102 Prohibition. stability or surreptitious listening; equipment, system, or service that uses 4.2103 Procedures. (3) Specially designed and prepared covered telecommunication equipment 4.2104 Waivers. nuclear equipment, parts and

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components, materials, software, and 4.2103 Procedures. (2) Under indefinite delivery technology covered by part 810 of title (a) Representations. If an offeror contracts, in all notices of intent to 10, Code of Federal Regulations (relating provides an affirmative response to the place an order, or solicitations for an to assistance to foreign atomic energy representations or discloses information order (i.e., subpart 8.4 and 16.505). activities); in accordance with paragraphs (c) and (b) The contracting officer shall insert (4) Nuclear facilities, equipment, and (d) of the provision at 52.204–24, follow the clause at 52.204–25, Prohibition on material covered by part 110 of title 10, agency procedures. Contracting for Certain Code of Federal Regulations (relating to (b) Reporting. If a contractor provides Telecommunications and Video export and import of nuclear equipment a report pursuant to paragraph (d) of the Surveillance Services or Equipment, in and material); clause at 52.204–25, Prohibition on all solicitations and contracts. Contracting for Certain (5) Select agents and toxins covered Telecommunications and Video PART 12—ACQUISITION OF by part 331 of title 7, Code of Federal Surveillance Services or Equipment, COMMERCIAL ITEMS Regulations, part 121 of title 9 of such follow agency procedures. Code, or part 73 of title 42 of such Code; ■ 4. Amend section 12.301 by or 4.2104 Waivers. redesignating paragraphs (d)(6) through (6) Emerging and foundational (a) Executive agencies. The head of an (d)(11) as (d)(7) through (d)(12), technologies controlled pursuant to executive agency may, on a one-time respectively, and adding a new section 1758 of the Export Control basis, waive the prohibition at 4.2102(a) paragraph (d)(6) to read as follows: Reform Act of 2018 (50 U.S.C. 4817). with respect to a Government entity 12.301 Solicitation provisions and Substantial or essential component (e.g., requirements office, contracting contract clauses for acquisition of means any component necessary for the office) that requests such a waiver. commercial items. proper function or performance of a (1) The waiver may be provided, for * * * * * piece of equipment, system, or service. a period not to extend beyond August (d) * * * 13, 2021, if the Government entity (6) Insert the provision at 52.204–24, 4.2102 Prohibition. seeking the waiver submits to the head Representation Regarding Certain (a) Prohibited equipment, systems, or of the executive agency— Telecommunications and Video (i) A compelling justification for the services. On or after August 13, 2019, Surveillance Services or Equipment, as additional time to implement the agencies are prohibited from procuring prescribed in 4.2105(a). requirements under 4.2102(a), as or obtaining, or extending or renewing determined by the head of the executive * * * * * a contract to procure or obtain, any agency; and equipment, system, or service that uses PART 13—SIMPLIFIED ACQUISITION (ii) A full and complete laydown or covered telecommunications equipment PROCEDURES description of the presences of covered or services as a substantial or essential telecommunications or video ■ component of any system, or as critical 5. Amend section 13.201 by revising surveillance equipment or services in technology as part of any system, unless the section heading and adding the relevant supply chain and a phase- an exception at paragraph (b) of this paragraphs (a) and (j) to read as follows: out plan to eliminate such covered section applies or the covered telecommunications or video 13.201 General. telecommunications equipment or surveillance equipment or services from (a) Agency heads are encouraged to services are covered by a waiver the relevant systems. delegate micro-purchase authority (see described in 4.2104. (2) The head of the executive agency 1.603–3). (b) Exceptions. This subpart does not shall, not later than 30 days after * * * * * prohibit agencies from procuring or approval, submit to the appropriate (j) On or after August 13, 2019, do not contractors from providing— congressional committees the full and procure or obtain, or extend or renew a (1) A service that connects to the complete laydown or description of the contract to procure or obtain, any facilities of a third-party, such as presences of covered equipment, system, or service that uses backhaul, roaming, or interconnection telecommunications or video covered telecommunications equipment arrangements; or surveillance equipment or services in or services as a substantial or essential (2) Telecommunications equipment the relevant supply chain and the component of any system, or as critical that cannot route or redirect user data phase-out plan to eliminate such technology as part of any system, unless traffic or permit visibility into any user covered telecommunications or video an exception applies or a waiver is data or packets that such equipment surveillance equipment or services from granted. (See subpart 4.21.) transmits or otherwise handles. the relevant systems. (b) Director of National Intelligence. PART 39—ACQUISITION OF (c) Contracting Officers. Contracting The Director of National Intelligence INFORMATION TECHNOLOGY officers shall not procure or obtain, or may provide a waiver if the Director extend or renew a contract (e.g., exercise determines the waiver is in the national ■ 6. Amend section 39.101 by adding an option) to procure or obtain, any security interests of the United States. paragraph (f) to read as follows: equipment, system, or service that uses covered telecommunications equipment 4.2105 Solicitation provision and contract 39.101 Policy. or services as a substantial or essential clause. * * * * * component of any system, or as critical (a) The contracting officer shall insert (f) On or after August 13, 2019, technology as part of any system, unless the provision at 52.204–24, contracting officers shall not procure or an exception at paragraph (b) of this Representation Regarding Certain obtain, or extend or renew a contract to section applies or the covered Telecommunications and Video procure or obtain, any equipment, telecommunications equipment or Surveillance Services or Equipment— system, or service that uses covered services are covered by a waiver (1) In all solicitations for contracts; telecommunications equipment or described in 4.2104. and services as a substantial or essential

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component of any system, or as critical (include entity name, unique entity (4) Nuclear facilities, equipment, and technology as part of any system on or identifier, and Commercial and Government material covered by part 110 of title 10, Code after August 13, 2019, unless an Entity (CAGE) code, if known); and of Federal Regulations (relating to export and exception applies or a waiver is granted. (4) For equipment, the entity that produced import of nuclear equipment and material); the covered telecommunications equipment (5) Select agents and toxins covered by part (See subpart 4.21.) (include entity name, unique entity 331 of title 7, Code of Federal Regulations, identifier, CAGE code, and whether the part 121 of title 9 of such Code, or part 73 PART 52—SOLICITATION PROVISIONS entity was the OEM or a distributor, if of title 42 of such Code; or AND CONTRACT CLAUSES known). (6) Emerging and foundational technologies controlled pursuant to section ■ 7. Add sections 52.204–24 and (End of provision) 1758 of the Export Control Reform Act of 52.204–25 to read as follows: 52.204–25 Prohibition on Contracting for 2018 (50 U.S.C. 4817). Substantial or essential component means 52.204–24 Representation Regarding Certain Telecommunications and Video any component necessary for the proper Certain Telecommunications and Video Surveillance Services or Equipment. function or performance of a piece of Surveillance Services or Equipment. As prescribed in 4.2105(b), insert the equipment, system, or service. As prescribed in 4.2105(a), insert the following clause: (b) Prohibition. Section 889(a)(1)(A) of the following provision: Prohibition on Contracting for Certain John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. Representation Regarding Certain Telecommunications and Video Surveillance L. 115–232) prohibits the head of an Telecommunications and Video Surveillance Services or Equipment (AUG 2019) executive agency on or after August 13, 2019, Services or Equipment (AUG 2019) (a) Definitions. As used in this clause— from procuring or obtaining, or extending or (a) Definitions. As used in this provision— Covered foreign country means The renewing a contract to procure or obtain, any Covered telecommunications equipment or People’s Republic of China. equipment, system, or service that uses services, Critical technology, and Substantial Covered telecommunications equipment or covered telecommunications equipment or or essential component have the meanings services means— services as a substantial or essential provided in clause 52.204–25, Prohibition on (1) Telecommunications equipment component of any system, or as critical Contracting for Certain Telecommunications produced by Huawei Technologies Company technology as part of any system. The or ZTE Corporation (or any subsidiary or and Video Surveillance Services or Contractor is prohibited from providing to affiliate of such entities); Equipment. the Government any equipment, system, or (2) For the purpose of public safety, (b) Prohibition. Section 889(a)(1)(A) of the service that uses covered security of Government facilities, physical John S. McCain National Defense telecommunications equipment or services as security surveillance of critical Authorization Act for Fiscal Year 2019 (Pub. a substantial or essential component of any infrastructure, and other national security L. 115–232) prohibits the head of an system, or as critical technology as part of purposes, video surveillance and executive agency on or after August 13, 2019, any system, unless an exception at paragraph telecommunications equipment produced by from procuring or obtaining, or extending or (c) of this clause applies or the covered renewing a contract to procure or obtain, any Hytera Communications Corporation, telecommunication equipment or services are equipment, system, or service that uses Hangzhou Hikvision Digital Technology covered by a waiver described in Federal covered telecommunications equipment or Company, or Dahua Technology Company (or Acquisition Regulation 4.2104. services as a substantial or essential any subsidiary or affiliate of such entities); (c) Exceptions. This clause does not component of any system, or as critical (3) Telecommunications or video technology as part of any system. Contractors surveillance services provided by such prohibit contractors from providing— are not prohibited from providing— entities or using such equipment; or (1) A service that connects to the facilities (1) A service that connects to the facilities (4) Telecommunications or video of a third-party, such as backhaul, roaming, of a third-party, such as backhaul, roaming, surveillance equipment or services produced or interconnection arrangements; or or interconnection arrangements; or or provided by an entity that the Secretary of (2) Telecommunications equipment that (2) Telecommunications equipment that Defense, in consultation with the Director of cannot route or redirect user data traffic or cannot route or redirect user data traffic or National Intelligence or the Director of the permit visibility into any user data or packets permit visibility into any user data or packets Federal Bureau of Investigation, reasonably that such equipment transmits or otherwise that such equipment transmits or otherwise believes to be an entity owned or controlled handles. handles. by, or otherwise connected to, the (d) Reporting requirement. (1) In the event (c) Representation. The Offeror represents government of a covered foreign country. the Contractor identifies covered that— Critical technology means— telecommunications equipment or services It [ ] will, [ ] will not provide covered (1) Defense articles or defense services used as a substantial or essential component telecommunications equipment or services to included on the United States Munitions List of any system, or as critical technology as the Government in the performance of any set forth in the International Traffic in Arms part of any system, during contract contract, subcontract or other contractual Regulations under subchapter M of chapter I performance, or the Contractor is notified of instrument resulting from this solicitation. of title 22, Code of Federal Regulations; such by a subcontractor at any tier or by any (d) Disclosures. If the Offeror has (2) Items included on the Commerce other source, the Contractor shall report the responded affirmatively to the representation Control List set forth in Supplement No. 1 to information in paragraph (d)(2) of this clause in paragraph (c) of this provision, the Offeror part 774 of the Export Administration to the Contracting Officer, unless elsewhere shall provide the following information as Regulations under subchapter C of chapter in this contract are established procedures for part of the offer— VII of title 15, Code of Federal Regulations, reporting the information; in the case of the (1) All covered telecommunications and controlled— Department of Defense, the Contractor shall equipment and services offered (include (i) Pursuant to multilateral regimes, report to the website at https:// brand; model number, such as original including for reasons relating to national dibnet.dod.mil. For indefinite delivery equipment manufacturer (OEM) number, security, chemical and biological weapons contracts, the Contractor shall report to the manufacturer part number, or wholesaler proliferation, nuclear nonproliferation, or Contracting Officer for the indefinite delivery number; and item description, as applicable); missile technology; or contract and the Contracting Officer(s) for (2) Explanation of the proposed use of (ii) For reasons relating to regional stability any affected order or, in the case of the covered telecommunications equipment and or surreptitious listening; Department of Defense, identify both the services and any factors relevant to (3) Specially designed and prepared indefinite delivery contract and any affected determining if such use would be permissible nuclear equipment, parts and components, orders in the report provided at https:// under the prohibition in paragraph (b) of this materials, software, and technology covered dibnet.dod.mil. provision; by part 810 of title 10, Code of Federal (2) The Contractor shall report the (3) For services, the entity providing the Regulations (relating to assistance to foreign following information pursuant to paragraph covered telecommunications services atomic energy activities); (d)(1) of this clause:

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(i) Within one business day from the date 2019) (Section 889(a)(1)(A) of Pub. L. 115– Subcontracts for Commercial Items (AUG of such identification or notification: The 232). 2019) contract number; the order number(s), if * * * * * * * * * * applicable; supplier name; supplier unique (e)(1) * * * (c)(1) * * * entity identifier (if known); supplier (iv) 52.204–25, Prohibition on Contracting (vi) 52.204–25, Prohibition on Contracting Commercial and Government Entity (CAGE) for Certain Telecommunications and Video for Certain Telecommunications and Video code (if known); brand; model number Surveillance Services or Equipment. (AUG Surveillance Services or Equipment. (AUG (original equipment manufacturer number, 2019) (Section 889(a)(1)(A) of Pub. L. 115– 2019) (Section 889(a)(1)(A) of Pub. L. 115– manufacturer part number, or wholesaler 232). 232). number); item description; and any readily available information about mitigation * * * * * * * * * * actions undertaken or recommended. Alternate II (AUG 2019). [FR Doc. 2019–17201 Filed 8–12–19; 8:45 am] (ii) Within 10 business days of submitting * * * * * BILLING CODE 6820–EP–P the information in paragraph (d)(2)(i) of this (e)(1) * * * clause: Any further available information (ii) * * * about mitigation actions undertaken or (D) 52.204–25, Prohibition on Contracting DEPARTMENT OF DEFENSE recommended. In addition, the Contractor for Certain Telecommunications and Video shall describe the efforts it undertook to Surveillance Services or Equipment. (AUG GENERAL SERVICES prevent use or submission of covered 2019) (Section 889(a)(1)(A) of Pub. L. 115– ADMINISTRATION telecommunications equipment or services, 232). and any additional efforts that will be * * * * * NATIONAL AERONAUTICS AND incorporated to prevent future use or SPACE ADMINISTRATION submission of covered telecommunications ■ 9. Amend section 52.213–4 by— equipment or services. ■ a. Revising the date of the clause; 48 CFR Chapter 1 (e) Subcontracts. The Contractor shall ■ b. Redesignating paragraphs (a)(1)(iii) insert the substance of this clause, including [Docket No. FAR 2019–0002, Sequence No. this paragraph (e), in all subcontracts and through (a)(1)(viii) as (a)(1)(iv) through 4] other contractual instruments, including (a)(1)(ix), and adding a new paragraph (a)(1)(iii); and subcontracts for the acquisition of Federal Acquisition Regulation; commercial items. ■ c. In paragraph (a)(2)(viii) removing Federal Acquisition Circular 2019–05; ‘‘(JAN 2019)’’ and adding ‘‘(AUG 2019)’’ (End of clause) Small Entity Compliance Guide in its place. ■ 8. Amend section 52.212–5 by— AGENCY: Department of Defense (DoD), ■ The revision and addition read as a. Revising the date of the clause; General Services Administration (GSA), ■ follows: b. Redesignating paragraphs (a)(3) and National Aeronautics and Space through (a)(5) as paragraphs (a)(4) 52.213–4 Terms and Conditions— Administration (NASA). through (a)(6) and adding a new Simplified Acquisitions (Other Than ACTION: paragraph (a)(3); Commercial Items). Small Entity Compliance Guide. ■ c. Redesignating paragraphs (e)(1)(iv) * * * * * SUMMARY: This document is issued through (e)(1)(xxii) as (e)(1)(v) through Terms and Conditions—Simplified under the joint authority of DOD, GSA, (e)(1)(xxiii), and adding a new Acquisitions (Other Than Commercial Items) and NASA. This Small Entity paragraph (e)(1)(iv); (AUG 2019) Compliance Guide has been prepared in ■ d. Revising the date of Alternate II; (a) * * * accordance with section 212 of the and (1) * * * Small Business Regulatory Enforcement ■ e. In Alternate II, redesignating (iii) 52.204–25, Prohibition on Contracting Fairness Act of 1996. It consists of a paragraphs (e)(1)(ii)(D) through for Certain Telecommunications and Video summary of the rule appearing in (e)(1)(ii)(T) as (e)(1)(ii)(E) through Surveillance Services or Equipment. (AUG Federal Acquisition Circular (FAC) (e)(1)(ii)(U), and adding a new 2019) (Section 889(a)(1)(A) of Pub. L. 115– 2019–05, which amends the Federal paragraph (e)(1)(ii)(D). 232). Acquisition Regulation (FAR). An The revisions and additions read as * * * * * asterisk (*) next to a rule indicates that follows: ■ 10. Amend section 52.244–6 by— a regulatory flexibility analysis has been 52.212–5 Contract Terms and Conditions ■ a. Revising the date of the clause; and prepared. Interested parties may obtain further information regarding this rule Required To Implement Statutes or ■ b. Redesignating paragraphs (c)(1)(vi) by referring to FAC 2019–05, which Executive Orders—Commercial Items. through (c)(1)(xix) as (c)(1)(vii) through precedes this document. These * * * * * (c)(1)(xx), and adding a new paragraph documents are also available via the (c)(1)(vi). Contract Terms and Conditions Required To internet at http://www.regulations.gov. Implement Statutes or Executive Orders— The revision and addition reads as DATES: August 13, 2019. Commercial Items (AUG 2019) follows: (a) * * * FOR FURTHER INFORMATION CONTACT: (3) 52.204–25, Prohibition on Contracting 52.244–6 Subcontracts for Commercial [email protected] or call 202–969– for Certain Telecommunications and Video Items. 4075. Please cite FAC 2019–05, FAR Surveillance Services or Equipment. (AUG * * * * * Case 2018–017.

RULE LISTED IN FAC 2019–05

Subject FAR case Analyst

*Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment ...... 2018–017 Francis.

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SUPPLEMENTARY INFORMATION: A paragraph (a)(1)(B) of section 889 go This rule applies to all acquisitions, summary for the FAR rule follows. For into effect August 13, 2020, and will be including acquisitions at or below the the actual revisions and/or amendments addressed through separate rulemaking. simplified acquisition threshold and to made by this FAR Case, refer to the To implement paragraph (a)(1)(A) of acquisitions of commercial items, specific subject set forth in the section 889, this interim rule provides a including commercially available off- document following this item summary. new solicitation provision and contract the-shelf items. It may have a significant FAC 2019–05 amends the FAR as clause. The provision at FAR 52.204–24 economic impact on a substantial follows: requires offerors to represent whether number of small entities. Prohibition on Contracting for Certain their offer includes covered This interim rule is being Telecommunications and Video telecommunications equipment or implemented as a national security Surveillance Services or Equipment services and if so, to identify additional measure to protect Government (FAR Case 2018–017) details about its use. Representations are information, and Government This interim rule amends the FAR to also required for orders on indefinite information and communication implement section 889(a)(1)(A) of the delivery contracts. The clause at FAR technology systems. John S. McCain National Defense 52.204–25 prohibits contractors from Contracting officers shall modify Authorization Act (NDAA) for Fiscal providing any equipment, system, or certain contracts to include the new Year (FY) 2019 (Pub. L. 115–232). service that uses covered FAR clause, as specified in the DATES Paragraph (a)(1)(A) of section 889 telecommunications equipment or section of the preamble of the interim prohibits agencies from procuring or services as a substantial or essential rule. Contracting officers also shall obtaining, or extending or renewing a component of any system, or as critical include the new FAR provision in contract to procure or obtain, any technology as part of any system, unless solicitations for an order, or notices of equipment, system, or service that uses an exception applies or the covered intent to place an order, under those covered telecommunication equipment telecommunications equipment or contracts. or services as a substantial or essential services are covered by a waiver component of any system, or as a described in FAR 4.2104. The contractor Janet M. Fry, critical technology as part of any system must also report any such equipment, Director, Federal Acquisition Policy Division, on or after August 13, 2019, unless an systems, or services discovered during Office of Government-wide Policy. exception applies or a waiver has been contract performance; this requirement [FR Doc. 2019–17202 Filed 8–12–19; 8:45 am] granted. Further prohibitions at flows down to subcontractors. BILLING CODE 6820–EP–P

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Reader Aids Federal Register Vol. 84, No. 156 Tuesday, August 13, 2019

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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. 1750...... 37767 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 17 CFR 9913...... 37563 The United States Government Manual 741–6000 75...... 38115 9914...... 38847 Other Services 229...... 39966 Executive Orders: 232...... 39966 Electronic and on-line services (voice) 741–6020 13883...... 38113 239...... 39966 13884...... 38843 Privacy Act Compilation 741–6050 240...... 39178 Administrative Orders: 249...... 39966 Memorandums: ELECTRONIC RESEARCH 255...... 38115 Memorandum of July 274...... 39966 World Wide Web 19, 2019 ...... 37955 Presidential 21 CFR Full text of the daily Federal Register, CFR and other publications Determinations: 73...... 37573 is located at: www.govinfo.gov. No. 2019–14 of July 510...... 39179 19, 2019 ...... 38109 Federal Register information and research tools, including Public 520...... 39179 Inspection List and electronic text are located at: 5 CFR 522...... 39179 524...... 39179, 39187 www.federalregister.gov. Ch. XXXIII...... 37751 558...... 39179, 39187 E-mail 10 CFR Proposed Rules: FEDREGTOC (Daily Federal Register Table of Contents Electronic 50...... 39684 172...... 39785 Mailing List) is an open e-mail service that provides subscribers 52...... 39684 22 CFR with a digital form of the Federal Register Table of Contents. The 708...... 37752 digital form of the Federal Register Table of Contents includes Proposed Rules: 147...... 37576 HTML and PDF links to the full text of each document. 429...... 39777 Ch. VII...... 37751 To join or leave, go to https://public.govdelivery.com/accounts/ 430 ...... 37794, 37970, 39211, 26 CFR USGPOOFR/subscriber/new, enter your email address, then 39777, 39980 431...... 39220 1...... 37769, 38866 follow the instructions to join, leave, or manage your Proposed Rules: subscription. 12 CFR 1 ...... 37807, 38148, 38892 PENS (Public Law Electronic Notification Service) is an e-mail 201...... 39723 27 CFR service that notifies subscribers of recently enacted laws. 204...... 39724 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 248...... 38115 Proposed Rules: and select Join or leave the list (or change settings); then follow 351...... 38115 4...... 39786 the instructions. 790...... 38849 5...... 39786 1026...... 37565 7...... 39786 FEDREGTOC and PENS are mailing lists only. We cannot Proposed Rules: 26...... 39786 respond to specific inquiries. 1003...... 37804 27...... 39786 Reference questions. Send questions and comments about the 1006...... 37806 29 CFR Federal Register system to: [email protected] 14 CFR The Federal Register staff cannot interpret specific documents or Proposed Rules: 103...... 39930 regulations. 21...... 39175 25...... 38115, 39959 31 CFR 39 ...... 37570, 37957, 37959, FEDERAL REGISTER PAGES AND DATE, AUGUST 38850, 38853, 38855, 38859, 561...... 38545 38862, 39176 562...... 38545 37563–37750...... 1 71 ...... 37961, 38865, 39177 32 CFR 37751–37954...... 2 73...... 39960, 39964 37955–38114...... 5 Proposed Rules: 96...... 38551 38115–38544...... 6 25 ...... 39234, 39235, 39237 311...... 38552 38545–38846...... 7 39 ...... 37974, 37976, 38146, 317...... 39970 38847–39174...... 8 38887, 38889, 39239, 633...... 39725 39175–39722...... 9 39241,39778, 39782, 39991 727...... 37769 71...... 39784 39723–39958...... 12 33 CFR 39959–40224...... 13 15 CFR 100 ...... 37578, 38867, 39187 315...... 38117 138...... 39970 923...... 38118 165 ...... 37578, 37770, 38135, Proposed Rules: 38552, 38553, 38869, 38871, 801...... 38583 39726, 39974 334...... 38873 16 CFR Proposed Rules: 1227...... 37763 100...... 37808, 38148

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117...... 37810 300...... 37979, 38905 45 CFR Proposed Rules: 2...... 39793 334...... 38893 721...... 38158 Proposed Rules: 180...... 39398 19...... 39793 34 CFR 215...... 39254 41 CFR 1304...... 39996 Ch. III...... 39727, 39736 1305...... 39996 219...... 39256 Proposed Rules: 252...... 39254 36 CFR 102-82...... 39994 1610...... 39787 1630...... 39787 242...... 39188, 39744 49 CFR Proposed Rules: 42 CFR 47 CFR 1002...... 38579 220...... 39244 81...... 37587 20...... 37591 Proposed Rules: 61...... 38566 180...... 38180 38 CFR 409...... 38728 412...... 38424, 39054 69...... 38566 576...... 38911 38...... 38556 413...... 38728 Proposed Rules: 50 CFR Proposed Rules: 418...... 38484 74...... 37979 4...... 37594 Proposed Rules: 76...... 37979 18...... 37716 88...... 38177 20...... 38883 40 CFR 48 CFR 405...... 38330, 39398 100...... 39188, 39744 52 ...... 37579, 37772, 37774, 410...... 38330, 39398 Ch. 1...... 38836, 38839, 40216, 218...... 40132 38558, 38876, 38878, 39196, 412...... 39398 40223 635 ...... 38143, 39208, 39774, 39754, 39756, 39758, 39976 413...... 38330 1...... 38838, 40216 39978 180 ...... 38138, 38561, 39761, 414...... 38330 4...... 40216 648...... 37778 39768 416...... 39398 12...... 40216 660...... 37780 258...... 39977 419...... 39398 13...... 40216 665...... 37592 300...... 37962, 38905 486...... 39398 16...... 38836 679 ...... 38885, 38886, 39209 Proposed Rules: 1001...... 37821 39...... 40216 Proposed Rules: 30...... 38894 1003...... 37821 52 ...... 38836, 38838, 40216 17...... 40006 51...... 39244 203...... 39201 229...... 37822 52 ...... 37607, 37812, 37816, 212...... 39203 300...... 38912 38895, 38898, 39244 44 CFR 215...... 39204 622...... 37611, 38198 131...... 38150 64...... 38563 217...... 39204 635...... 38918 174...... 37818 Proposed Rules: 237...... 39203 648...... 38919 180...... 37818 67...... 37610 252...... 39201, 39207 679...... 38912

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U.S. Government Publishing H.R. 2695/P.L. 116–41 subscribe, go to http:// Office, Washington, DC 20402 listserv.gsa.gov/archives/ LIST OF PUBLIC LAWS To rename the Success Dam (phone, 202–512–1808). The in Tulare County, California, publaws-l.html text will also be made This is a continuing list of as the Richard L. Schafer available on the Internet from public bills from the current Dam. (Aug. 9, 2019; 133 Stat. Note: This service is strictly session of Congress which GPO’s Federal Digital System 1064) (FDsys) at http://www.gpo.gov/ for E-mail notification of new have become Federal laws. Last List August 9, 2019 fdsys. Some laws may not yet laws. The text of laws is not This list is also available available through this service. online at http:// be available. PENS cannot respond to www.archives.gov/federal- H.R. 1569/P.L. 116–40 Public Laws Electronic register/laws. specific inquiries sent to this To amend title 28, United Notification Service address. The text of laws is not States Code, to add Flagstaff (PENS) published in the Federal and Yuma to the list of Register but may be ordered locations in which court shall in ‘‘slip law’’ (individual be held in the judicial district PENS is a free electronic mail pamphlet) form from the for the State of Arizona. (Aug. notification service of newly Superintendent of Documents, 9, 2019; 133 Stat. 1063) enacted public laws. To

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