Vol. 83 Thursday, No. 81 April 26, 2018

Pages 18195–18398

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 81

Thursday, April 26, 2018

Agriculture Department NOTICES See Animal and Plant Health Inspection Service Environmental Impact Statements; Availability, etc.: See Rural Housing Service Polar Icebreaker Program, 18319–18321 NOTICES Agency Information Collection Activities; Proposals, Commerce Department Submissions, and Approvals, 18262–18264 See Census Bureau See Industry and Security Bureau Alcohol, Tobacco, Firearms, and Explosives Bureau See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Agency Information Collection Activities; Proposals, See Patent and Trademark Office Submissions, and Approvals: eForm Access Request, 18348 Community Living Administration Employee Possessor Questionnaire, 18347–18348 NOTICES Funding Opportunities: Animal and Plant Health Inspection Service Advancing Person-Centered, Trauma-Informed NOTICES Supportive Services for Holocaust Survivors Chronic Wasting Disease Herd Certification Program Program, 18309–18310 Standards, 18264 Consumer Product Safety Commission Bureau of Consumer Financial Protection RULES Labeling of Certain Household Products Containing NOTICES Methylene Chloride: Meetings: Supplemental Guidance; Correction, 18219 Academic Research Council, 18282 Defense Department Census Bureau RULES NOTICES Defense Intelligence Agency Freedom of Information Act, Agency Information Collection Activities; Proposals, 18219–18220 Submissions, and Approvals, 18273–18274 Defense Investigative Service Freedom of Information Act Program, 18221 Centers for Medicare & Medicaid Services National Imagery Mapping Agency Freedom of Information NOTICES Act Program, 18220 Agency Information Collection Activities; Proposals, National Reconnaissance Office Freedom of Information Act Submissions, and Approvals, 18308–18309 Program Regulation, 18220–18221 Medicare Programs: National Security Agency/Central Security Service Freedom Extension of Payment Adjustment for Low-volume of Information Act Program, 18221 Hospitals and the Medicare-dependent Hospital NOTICES Program under Hospital Inpatient Prospective Agency Information Collection Activities; Proposals, Payment Systems for Acute Care Hospitals for Fiscal Submissions, and Approvals, 18284–18285 Year 2018, 18301–18308 Meetings: Board of Regents, Uniformed Services University of Children and Families Administration Health Sciences, 18282–18283 PROPOSED RULES Defense Innovation Board, 18283–18284 Adoption and Foster Care Analysis and Reporting System; Correction, 18257 Education Department NOTICES Coast Guard Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Drawbridge Operations: 21st Century Community Learning Centers Annual Delaware River, Burlington, NJ and Bristol, PA, 18226 Performance Report, 18285 Delaware River, Pennsauken Township, NJ, 18226–18227 Isle of Wight (Sinepuxent) Bay, Ocean City, MD, 18225– Energy Department 18226 See Federal Energy Regulatory Commission Safety Zones: RULES Lake Michigan, Calumet Harbor, Chicago, IL, 18227– Human Reliability Program, 18195–18208 18230 Special Local Regulations: Environmental Protection Agency Clinch River, Oak Ridge, TN, 18223–18225 PROPOSED RULES Red River, Alexandria, LA, 18221–18223 Air Quality State Implementation Plans; Approvals and PROPOSED RULES Promulgations: Safety Zones: Colorado; Regional Haze State Implementation Plan, Tennessee River, Gilbertsville, KY, 18241–18243 18243–18248

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Minnesota; Flint Hills Sulfur Dioxide Revision, 18255– Food and Drug Administration 18257 NOTICES North Dakota; Regional Haze State Implementation Plan, Meetings: 18248–18255 Pediatric Advisory Committee and the Endocrinologic and Metabolic Drugs Advisory Committee, 18311– Federal Aviation Administration 18312 RULES Vaccines and Related Biological Products Advisory Airworthiness Directives: Committee, 18310–18311 The Boeing Company Airplanes, 18208–18219 PROPOSED RULES Health and Human Services Department Amendment, Revocation, and Establishment of Multiple Air Traffic Service (ATS) Routes: See Centers for Medicare & Medicaid Services Western United States, 18237–18241 See Children and Families Administration NOTICES See Community Living Administration Agency Information Collection Activities; Proposals, See Food and Drug Administration Submissions, and Approvals, 18389–18391 See Health Resources and Services Administration See National Institutes of Health Federal Communications Commission NOTICES PROPOSED RULES Meetings: Parties Asked to Refresh Record on Facilitating Multimedia Presidential Advisory Council on Combating Antibiotic- Content in Wireless Emergency Alerts, 18257–18259 Resistant Bacteria, 18316–18317 NOTICES Tick-Borne Disease Working Group, 18317 Auction of Cross-Service FM Translator Construction Requests for Nominations: Permits: National Clinical Care Commission, 18314–18316 Announcement, Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Health Resources and Services Administration Auction 99, May 15, 2018, 18288–18300 NOTICES National Vaccine Injury Compensation Program: Federal Emergency Management Agency List of Petitions Received, 18312–18314 NOTICES Agency Information Collection Activities; Proposals, Homeland Security Department Submissions, and Approvals: See Coast Guard National Urban Search and Rescue Response System, See Federal Emergency Management Agency 18324–18325 See U.S. Customs and Border Protection Federal Energy Regulatory Commission NOTICES Housing and Urban Development Department Meetings: NOTICES Reform of Affected System Coordination in Generator Agency Information Collection Activities; Proposals, Interconnection Process; EDF Renewable Energy, Inc. Submissions, and Approvals: v. Midcontinent Independent System Operator, Inc., Evaluation of Youth Homelessness Demonstration Project et al.; Technical Conference, 18285–18288 Evaluation, 18327–18329 Multifamily Insurance Benefits Claims Package, 18326– Federal Maritime Commission 18327 NOTICES Protection and Enhancement of Environmental Quality, Agreements Filed, 18300–18301 18325–18326 Use Restriction Agreement Monitoring and Compliance, Federal Railroad Administration 18325 NOTICES Agency Information Collection Activities; Proposals, Industry and Security Bureau Submissions, and Approvals, 18391–18392 NOTICES Federal Reserve System Meetings: NOTICES Materials Processing Equipment Technical Advisory Changes in Bank Control: Committee, 18274–18275 Acquisitions of Shares of a Bank or Bank Holding Materials Technical Advisory Committee, 18274 Company, 18301 Transportation and Related Equipment Technical Formations of, Acquisitions by, and Mergers of Bank Advisory Committee, 18275 Holding Companies, 18301 Interior Department Fish and Wildlife Service See Fish and Wildlife Service NOTICES See Land Management Bureau Environmental Assessments; Availability, etc.: See National Park Service Proposed Incidental Harassment Authorization for See Reclamation Bureau Northern Sea Otters in Cook Inlet, AK, 18330–18342 NOTICES Takes of Marine Mammals: Agency Information Collection Activities; Proposals, Letters of Authorization to Take Pacific Walrus and Polar Submissions, and Approvals: Bears in Beaufort and Chukchi Seas, AK, 18329– Claim for Relocation Payments—Residential, and Claim 18330 for Relocation Payments—Nonresidential, 18342

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Internal Revenue Service National Institutes of Health NOTICES NOTICES Meetings: Meetings: Advisory Group to Internal Revenue Service Tax Exempt Center for Scientific Review, 18317–18319 and Government Entities Division, 18393–18394 National Center for Complementary and Integrative Health, 18318–18319 International Trade Administration National Institute of Neurological Disorders and Stroke, NOTICES 18318–18319 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: National Oceanic and Atmospheric Administration Biodiesel from Argentina and Indonesia, 18278–18279 RULES Honey from the People’s Republic of China, 18277–18278 Atlantic Highly Migratory Species: Large Residential Washers from Republic of Korea, Atlantic Bluefin Tuna Fisheries, 18230–18233 18275–18276 Fisheries of the Economic Exclusive Zone Off Alaska: Steel Wire Garment Hangers from the People’s Republic Deep-Water Species Fishery by Vessels Using Trawl Gear of China, 18276–18277 in Gulf of Alaska, 18235–18236 Fisheries Off West Coast States: International Trade Commission West Coast Salmon Fisheries; Management Measures to Limit Fishery Impacts on Sacramento River Winter- NOTICES run Chinook Salmon, 18233–18235 Investigations; Determinations, Modifications, and Rulings, PROPOSED RULES etc.: Fisheries Off West Coast States: Certain Large Residential Washers from Korea and Pacific Coast Groundfish Fishery; Shorebased Individual Mexico, 18347 Fishing Quota Program, 18259–18260 Pacific Island Fisheries: Justice Department 5-Year Extension of Moratorium on Harvest of Gold See Alcohol, Tobacco, Firearms, and Explosives Bureau Corals, 18260–18261 NOTICES Land Management Bureau Meetings: NOTICES Gulf of Mexico Fishery Management Council, 18279– Decision Records: 18280 Gateway West Transmission Line Project and Approved Pacific Fishery Management Council, 18280–18281 Land Use Plan Amendments, Segments 8 and 9, ID, 18342–18343 National Park Service Environmental Impact Statements; Availability, etc.: NOTICES Coastal Plain Oil and Gas Leasing Program, AK; National Register of Historic Places: Correction, 18343–18344 Pending Nominations and Related Actions, 18345–18346 Meetings: Whiskey Mountain Bighorn Sheep Winter Range, WY; National Science Foundation Proposed Withdrawal Extension, 18344 NOTICES Plats of Surveys: Meetings: Nevada, 18344–18345 Advisory Committee for Education and Human Resources, 18351 Legal Services Corporation Advisory Committee for International Science and NOTICES Engineering, 18353 Application Process: Meetings; Sunshine Act, 18351–18353 Midyear Subgrants of 2018 Basic Field Grant Funds, 18349–18350 Nuclear Regulatory Commission Funding Availability: NOTICES Application Process for Subgranting 2019 Basic Field Agency Information Collection Activities; Proposals, Funds, 18348–18349 Submissions, and Approvals: Application for NRC Export or Import License, Amendment, Renewal, or Consent Request(s), 18356– National Council on Disability 18357 NOTICES Criteria and Procedures for Emergency Access to Non- Meetings; Sunshine Act, 18350–18351 Federal and Regional Low-Level Waste Disposal Facilities, 18353–18354 National Foundation on the Arts and the Humanities Early Site Permit Applications: NOTICES Tennessee Valley Authority; Clinch River Nuclear Site, Meetings: 18354–18356 Arts and Artifacts Indemnity Panel Advisory Committee, 18351 Patent and Trademark Office NOTICES National Highway Traffic Safety Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Patent Prosecution Highway Program, 18281–18282 Submissions, and Approvals, 18392–18393 Recording Assignments, 18281

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Reclamation Bureau Trade Representative, Office of United States NOTICES NOTICES Meetings: WTO Dispute Settlement Proceedings: Colorado River Basin Salinity Control Advisory Council, Certain Measures Concerning Pangasius Seafood Products 18346 from Vietnam, 18388–18389

Transportation Department Rural Housing Service See Federal Aviation Administration NOTICES See Federal Railroad Administration Requests for Applications: See National Highway Traffic Safety Administration Rural Community Development Initiative for Fiscal Year 2018, 18264–18273 Treasury Department See Internal Revenue Service NOTICES Securities and Exchange Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Multiple Financial Crimes Enforcement Network Submissions, and Approvals, 18358, 18362, 18370– Information Collection Requests, 18394 18371, 18373–18374, 18385–18386 Treasury International Capital Form SLT––Aggregate Self-Regulatory Organizations; Proposed Rule Changes: Holdings of Long-Term Securities by U.S. and Financial Industry Regulatory Authority, Inc., 18379– Foreign Residents, 18394–18395 18384 Investors Exchange, LLC, 18366–18370 U.S. Customs and Border Protection Nasdaq BX, Inc., 18371–18373 NOTICES Nasdaq GEMX, LLC, 18384–18385 Country of Origin Determinations: Nasdaq ISE, LLC, 18362–18364 Axion Series LED Video Display Cabinets, 18321–18324 Nasdaq MRX, LLC, 18364–18366 Nasdaq PHLX, LLC, 18358–18362 Veterans Affairs Department NYSE American, LLC, 18377–18379 NOTICES NYSE Arca, Inc., 18374–18376 Privacy Act; Matching Programs, 18395–18398

Small Business Administration Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Disaster Declarations: phone numbers, online resources, finding aids, and notice Alabama; Administrative Declaration, 18386–18387 of recently enacted public laws. To subscribe to the Federal Register Table of Contents Surface Transportation Board electronic mailing list, go to https://public.govdelivery.com/ NOTICES accounts/USGPOOFR/subscriber/new, enter your e-mail Agency Information Collection Activities; Proposals, address, then follow the instructions to join, leave, or Submissions, and Approvals, 18387–18388 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 712...... 18195 14 CFR 39...... 18208 Proposed Rules: 71...... 18237 16 CFR Ch. II ...... 18219 32 CFR 292...... 18219 293...... 18220 296...... 18220 298...... 18221 299...... 18221 33 CFR 100 (2 documents) ...... 18221, 18223 117 (3 documents) ...... 18225, 18226 165...... 18227 Proposed Rules: 165...... 18241 40 CFR Proposed Rules: 52 (3 documents) ...... 18243, 18248, 18255 45 CFR Proposed Rules: 1355...... 18257 47 CFR Proposed Rules: 10...... 18257 50 CFR 635...... 18230 660...... 18233 679...... 18235 Proposed Rules: 660...... 18259 665...... 18260

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Rules and Regulations Federal Register Vol. 83, No. 81

Thursday, April 26, 2018

This section of the FEDERAL REGISTER I. Background including the opportunity for a contains regulatory documents having general II. Summary of Comments and Responses certification review hearing that results applicability and legal effect, most of which III. Description of Changes in either the revocation or reinstatement are keyed to and codified in the Code of IV. Regulatory Review and Procedural of the individual’s HRP certification. Federal Regulations, which is published under Requirements The part 712 regulation has not been 50 titles pursuant to 44 U.S.C. 1510. A. Review Under Executive Orders 12866 and 13563 comprehensively updated since it was The Code of Federal Regulations is sold by B. Review Under Executive Orders 13771 promulgated in 2004. Two technical the Superintendent of Documents. and 13777 amendments to the regulation were C. Review Under the National made in 2011 and 2013. In 2011, the Environmental Policy Act part 712 regulation was amended to DEPARTMENT OF ENERGY D. Review Under the Regulatory Flexibility designate the appropriate Act Undersecretary as the person with the 10 CFR Part 712 E. Review Under the Paperwork Reduction Act authority to issue a final written RIN 1992–AA44 F. Review Under the Unfunded Mandates decision to recertify or revoke the Reform Act of 1995 certification of an individual in the Human Reliability Program G. Review Under the Treasury and HRP. 76 FR 12271 (Mar. 7, 2011). In Government Appropriations Act, 1995 2013, the part 712 regulation was AGENCY: Department of Energy (DOE). H. Review Under Executive Order 13132 amended to eliminate references to ACTION: Final rule. I. Review Under Executive Order 12988 obsolete provisions and to reflect J. Review Under the Treasury and General organizational changes within the DOE. SUMMARY: DOE is amending its Government Appropriations Act, 2001 K. Review Under Executive Order 13211 78 FR 56132 (Sep. 12, 2013). regulation concerning the Human In the years since the HRP regulation Reliability Program (HRP). This L. Congressional Notification V. Approval by the Office of the Secretary was first promulgated, it has become regulation provides the policies and apparent that certain additional updates procedures to ensure that individuals I. Background are necessary in the sections pertaining who occupy positions affording to security concerns and the process Pursuant to the Atomic Energy Act of unescorted access to certain nuclear related to certification review hearings. 1954, as amended (the AEA), the DOE materials, nuclear explosive devices, On June 22, 2017, DOE issued a notice owns and leases defense nuclear and facilities and programs meet the highest of proposed rulemaking (NOPR) to other facilities in various locations in standards of reliability and physical and propose the updating of part 712 (82 FR the United States. These facilities are mental suitability. The revisions include 28412). The NOPR proposed amending operated by contractors with DOE some clarification of the procedures and the existing rule to: (1) Identify the oversight or are operated by DOE. These burden of proof applicable in evidentiary burden applicable to an facilities are involved in (among other certification review hearings, the individual requesting a certification activities) researching, testing, addition and modification of certain review hearing; (2) clarify that a security producing, disassembling, or definitions, and a clear statement that a concern is reviewable under HRP transporting nuclear materials. security concern can be reviewed separate from a review pursuant to 10 Compromise of these DOE facilities pursuant to the HRP regulation in CFR part 710; (3) eliminate obsolete could severely damage national addition to the DOE regulations for references; (4) clarify the processes and security. To guard against such determining eligibility for access to procedures to be followed during the compromise, DOE established the classified matter or special nuclear removal, revocation, hearing, and material. These revisions are intended Human Reliability Program (HRP). The appeal stages; and (5) update and add to provide better guidance to HRP- HRP is designed to ensure that definitions for certain terms used in the certified individuals and to ensure individuals who occupy positions regulation that apply to HRP consistency in HRP decision making. affording unescorted access to certain certification. nuclear materials, facilities and DATES: This rule is effective July 25, As described, DOE makes only a few programs meet the highest standards of 2018. changes to the existing rule that are reliability as well as physical and different than those proposed in the FOR FURTHER INFORMATION CONTACT: mental suitability, through a system of NOPR. Details of those changes to the Regina Cano, Office of Corporate continuous evaluation of those existing rule are summarized in Security Strategy, Analysis and Special individuals. The purpose of this Sections II and III in this rule. DOE’s Operations, (202) 586–7079, continuous evaluation is to identify in responses to public comments received [email protected]; Pamela Arias- a timely manner individuals whose on the NOPR are also discussed in Ortega, National Nuclear Security judgment may be impaired by physical Section II in this rule. Administration, Office of the General or mental/personality disorders; the use Counsel, (505) 845–4441, pamela.arias- of illegal drugs or the abuse of legal II. Summary of Comments and [email protected]; or Christina Pak drugs or other substances; the abuse of Responses or Matt Rotman, Office of the General alcohol; or any other condition or DOE published a NOPR on June 22, Counsel, (202) 586–4114, circumstance that may represent a 2017 (82 FR 28412), inviting public [email protected] (Ms. Pak) or reliability, safety or security concern. If comments on the proposed regulatory (202) 586–4753, matthew.rotman@ any of these conditions or changes in the NOPR. In response to the hq.doe.gov (Mr. Rotman). circumstances is identified, the HRP publication of the NOPR, DOE received SUPPLEMENTARY INFORMATION: provides for an administrative process, comments from three individuals and

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one entity. Two of the individual and/or applicants can request a Response: The requirement for commenters were generally certification review hearing. written notification within five business complimentary about the NOPR but did Response: The regulation provides at days was intended to give DOE not provide any specific comments on § 712.20(a) that an individual who sufficient time to notify the individual the NOPR. One individual commenter receives notification of the Manager’s in the event there were extenuating submitted multiple comments, but the decision to revoke his or her HRP circumstances (e.g., individual is out of comments do not concern the certification may choose one of two work sick or on vacation), but otherwise provisions in part 712 that were options. The two options are either a notice should be made immediately proposed for amendment in the NOPR request to the Manager for after temporary removal. Also, email and therefore are not addressed in this reconsideration or a request to the notification would meet the section. Another commenter Manager for a certification review requirements for written notification as representing the Savannah River hearing. Only those individuals who long as the message makes clear that it Nuclear Solutions (SRNS) submitted 20 have been certified in the HRP and have serves as written notification required comments, of which 13 were had their HRP certification revoked can by § 712.19. determined to be outside the scope of choose one of these two options. 7. The commenter requested this rulemaking because they do not Applicants are those individuals who clarification on how the HRP concern the provisions in part 712 that do not have HRP certification; therefore, supervisors and HRP contractor were proposed for amendment in the applicants do not have a certification management officials can prepare a case NOPR. Those 13 comments are not that can be revoked. Thus, applicants chronology without having access to the addressed in this section. The remaining are not entitled to either of the two personnel security files of HRP certified seven SRNS comments that are options. individuals. responsive to the changes proposed in 4. The commenter requested that the Response: The case chronology is the NOPR are addressed as follows: rule clarify whether interim clearances prepared by the HRP management 1. The commenter expressed concern would meet the requirement in § 712.11 official, not the supervisor. Also, the that the standard for temporary to have a ‘‘Q’’ access authorization. case chronology is based on information removals by the HRP management Response: The rule does not currently in the HRP file, to which the HRP official in § 712.19(a)(1) was too permit interim clearances; however, management official has access. So, lack subjective and recommended defining DOE has determined that there should of access to the personnel security file specific criteria for the temporary be a process in place for approving would not have an impact on an HRP removal. exemptions from the requirements in management official’s ability to prepare Response: To further clarify that the § 712.11 under appropriate a case chronology. If the HRP criteria identified in § 712.13(c) apply to circumstances, including the management official, or other individual the HRP management official’s decision requirement to have a ‘‘Q’’ access with responsibilities in the HRP to temporarily remove an individual, authorization. Therefore, DOE is program, such as the supervisor, SOMD/ DOE is amending §§ 712.13(d)(1) and amending part 712 to include a process Physician/Psychologist needed access to 712.19(a)(1) to clarify that all removals for approving exemptions to the personnel security file, then access must be based on a safety or security requirements in § 712.11. This provision would be permitted in accordance with concern that is tied to one or more of the makes clear that exemptions may be the Privacy Act of 1974. types of behaviors or conditions granted only when the exemption will identified in § 712.13(c). not endanger life or property or the III. Description of Proposed Changes 2. The commenter requested common defense and security, and is With the exception of the changes clarification as to the types of safety otherwise consistent with the national described below, the modifications to 10 concerns that would warrant a interest. CFR part 712 adopted in this final rule temporary removal. 5. The commenter requested are described in the Description of Response: DOE changed its definition clarification as to whether a Proposed Changes in Section II of DOE’s of safety concern from ‘‘any condition, counterintelligence evaluation is NOPR published in June 22, 2017 (82 practice, or violation that causes a required for everyone nominated for FR 28412). substantial probability of physical harm, HRP. 1. In § 712.3, ‘‘Definitions,’’ the property loss, and/or environmental Response: A counterintelligence definition of ‘‘Reinstatement’’ is damage’’ to one that causes a evaluation of HRP certified individuals modified for consistency with the ‘‘reasonable probability.’’ By changing is performed consistent with the definition of ‘‘Restoration.’’ Both terms the threshold from ‘‘substantial’’ to requirements of 10 CFR part 709, which are used to describe the circumstances ‘‘reasonable’’ probability DOE intended provides that a counterintelligence under which an individual is returned to clarify that a common sense approach evaluation, which may include a to HRP duties. The new definition of be taken to determine whether an polygraph examination, is required at ‘‘Reinstatement’’ would clarify that the individual can physically perform his/ least once every five years for individual’s return to HRP duties is her duties with due consideration to the individuals in the HRP who are contingent on the HRP management factors involved in an incident that may designated based on a risk assessment official ensuring that the individual has raise safety concerns. The commenter’s pursuant to § 709.3(b)(6). DOE is adding completed all necessary components of statement that not every violation of a language to § 712.11(a)(8) to clarify that the annual recertification process safety rule or procedure should result in the counterintelligence evaluation only identified in § 712.11, and any other a temporary removal is correct. Only applies to designated positions specific requirements that must be those violations that would raise a identified pursuant to 10 CFR part 709. completed in order to return to full HRP concern as to the individual’s ability to 6. The commenter requested duties. The definition of ‘‘Restoration’’ perform his/her duties would raise the clarification on the five-day notification already includes this clarification. type of safety concern that may lead to requirement in § 712.19 for temporary 2. In § 712.4, ‘‘Exemptions,’’ a new a temporary removal. removals, including whether email section is added to incorporate a process 3. The commenter requested notification would meet the requirement for requesting exemptions from clarification as to whether incumbents for notification in writing. requirements in § 712.11 and DOE

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approval of such requests. This change in accordance with § 712.19(f)(2). section only apply to revocations made authorizes the cognizant Under Processing of the individual’s HRP under § 712.19 and not to other types of Secretary to approve an exemption only certification will be stayed pending revocations, such as revocations for if the exemption will not endanger life completion of the DOE personnel failure to cooperate under § 712.25. or property or the common defense and security process. If the personnel 10. In § 712.23, ‘‘Office of Hearings security, and is otherwise consistent security process results in the and Appeals,’’ DOE clarifies in with the national interest. revocation of the individual’s access paragraph (c) that the individual’s or the 3. In § 712.11, ‘‘General requirements authorization, the individual’s HRP Manager’s written request for further for HRP certification,’’ § 712.11(a)(8) is certification must be administratively review of the Administrative Judge’s modified to clarify that the requirement terminated, on the ground that the decision must be filed with the for successful completion of a individual no longer meets the cognizant Under Secretary within 20 counterintelligence evaluation is only requirement in § 712.11 to hold a ‘‘Q’’ working days of the receipt of the OHA required for HRP positions that are access authorization. Administrative decision by the individual or the designated pursuant to DOE’s termination is not a temporary removal Manager, respectively. regulations in 10 CFR part 709, or revocation. Therefore, an 11. In § 712.25, ‘‘Cooperation by the ‘‘Counterintelligence Evaluation administrative termination does not individual,’’ DOE modifies paragraph (c) Program,’’ § 709.3(b)(6). entitle the individual to reconsideration to indicate that if the Manager 4. In § 712.12, ‘‘HRP or a certification review hearing under determines upon reconsideration that Implementation,’’ § 712.12(e)(1) is § 712.20. Other circumstances where revocation was inappropriate, the modified to replace the title, ‘‘Director, administrative termination of HRP Manager shall ‘‘reverse revocation.’’ Office of Corporate Security Strategy, certification would be appropriate Reversing revocation would place the Analysis and Special Operations’’ with include where an individual no longer individual in the same HRP status that ‘‘Director, Office of Corporate Security has need for HRP certification due to he or she occupied prior to the Strategy.’’ In addition, paragraph (c) is administrative actions such as revocation. In the NOPR, DOE had modified to replace the title, ‘‘The retirement or moving to a non-HRP proposed that the Manager would direct Deputy Administrator for Defense position, or where the individual’s the individual to be ‘‘reinstated.’’ Programs, NNSA’’ with ‘‘The Under position is no longer designated as an However, use of the term ‘‘reinstated’’ Secretary for Nuclear Security, or his/ HRP position under § 712.10. may be confused with ‘‘reinstatement,’’ her designee,’’. 8. In § 712.19, ‘‘Actions related to which is a defined term and only 5. In § 712.13, ‘‘Supervisory review,’’ removal, revocation and/or applies to temporary removals. § 712.13(d)(1) is modified to clarify that reinstatement,’’ § 712.19(a)(1) is the supervisor’s immediate removal of modified to clarify that temporary IV. Regulatory Review an HRP-certified individual for safety removal of an individual by the HRP A. Review Under Executive Order 12866 and/or security concerns must be based management official for a safety and/or and 13563 on one of the behaviors identified in security concern must be based on one paragraph (c) of this section. of the behaviors identified in The regulatory action today has been 6. In § 712.15, ‘‘Management § 712.13(c). In addition, the timing of determined not to be a ‘‘significant evaluation,’’ § 712.15(b) is modified to the HRP management official’s regulatory action’’ under Executive update the reference to DOE’s drug preparation of the evaluative report is Order 12866, ‘‘Regulatory Planning and testing program for federal employees. modified. In the NOPR, DOE proposed Review,’’ 58 FR 51735 (October 4, 1993). The DOE Order only applies to federal that the HRP certifying official, upon Accordingly, this rule is not subject to employees and no significant changes recommending revocation to the review under the Executive Order by the were made to DOE’s drug testing Manager, would direct the HRP Office of Information and Regulatory program. management official to prepare the Affairs within the Office of Management 7. In § 712.16, ‘‘Security review,’’ the evaluative report. The rule now requires and Budget. last sentence of § 712.16(b) is modified the Manager, upon a determination that DOE has also reviewed the regulation to replace the term ‘‘immediately’’ with revocation is appropriate, to require the pursuant to Executive Order 13563, ‘‘temporarily’’ to clarify that an HRP management official to prepare the issued on January 18, 2011 (76 FR 3281 individual whose access authorization evaluative report. The evaluative report (Jan. 21, 2011)). Executive Order 13563 has been suspended must be is the document that sets forth the bases is supplemental to and explicitly temporarily removed by the HRP supporting the revocation of an reaffirms the principles, structures, and management official. The current individual’s certification; therefore, it definitions governing regulatory review language provides that the individual should be prepared at the time the established in Executive Order 12866. must be ‘‘immediately’’ removed, which Manager determines that revocation is To the extent permitted by law, agencies may be confused with ‘‘immediate appropriate. Modifications are made to are required by Executive Order 13563 removals’’ under § 712.13, which are the § 712.19(f)(3) and (h) to reflect this to: (1) Propose or adopt a regulation responsibility of the supervisor. When change. Consistent with these only upon a reasoned determination an individual’s access authorization has modifications, modifications are also that its benefits justify its costs been suspended, the HRP management made to § 712.19(i)(2) to clarify that an (recognizing that some benefits and official is notified of the suspension; evaluative report be prepared, and not costs are difficult to quantify); (2) tailor therefore, it is appropriate that the HRP revised, when the Manager makes a regulations to impose the least burden management official has the determination to revoke after the on society, consistent with obtaining responsibility to temporarily remove the individual was directed to take regulatory objectives, taking into individual. After the HRP management specified actions under § 712.19(f)(2) or account, among other things, and to the official has temporarily removed an (g)(3). extent practicable, the costs of individual, it is the HRP certifying 9. In § 712.20, ‘‘Request for cumulative regulations; (3) select, in official’s responsibility to continue the reconsideration or certification review choosing among alternative regulatory temporary removal pending completion hearing,’’ paragraph (a) is modified to approaches, those approaches that of the DOE personnel security process clarify that the procedures in this maximize net benefits (including

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potential economic, environmental, regulations, consistent with applicable C. Review Under the National public health and safety, and other law. At a minimum, each regulatory Environmental Policy Act advantages; distributive impacts; and reform task force must attempt to equity); (4) to the extent feasible, specify identify regulations that: DOE has concluded that promulgation performance objectives, rather than (i) Eliminate jobs, or inhibit job of this rule falls into a class of actions specifying the behavior or manner of creation; which would not individually or cumulatively have significant impact on compliance that regulated entities must (ii) Are outdated, unnecessary, or the human environment, as determined adopt; and (5) identify and assess ineffective; available alternatives to direct by DOE’s regulations (10 CFR part 1021, regulation, including providing (iii) Impose costs that exceed benefits; subpart D) implementing the National economic incentives to encourage the (iv) Create a serious inconsistency or Environmental Policy Act (NEPA) of desired behavior, such as user fees or otherwise interfere with regulatory 1969 (42 U.S.C. 4321 et seq.). marketable permits, or providing reform initiatives and policies; Specifically, this rule is categorically information upon which choices can be (v) Are inconsistent with the excluded from NEPA review because made by the public. requirements of Information Quality the amendments to the existing rule are DOE emphasizes as well that Act, or the guidance issued pursuant to strictly procedural (categorical Executive Order 13563 requires agencies that Act, in particular those regulations exclusion A6). Therefore, this rule does to use the best available techniques to that rely in whole or in part on data, not require an environmental impact quantify anticipated present and future information, or methods that are not statement or environmental assessment benefits and costs as accurately as publicly available or that are pursuant to NEPA. possible. In its guidance, the Office of insufficiently transparent to meet the Information and Regulatory Affairs has standard for reproducibility; or D. Review Under the Regulatory emphasized that such techniques may (vi) Derive from or implement Flexibility Act include identifying changing future Executive Orders or other Presidential The Regulatory Flexibility Act (5 compliance costs that might result from directives that have been subsequently U.S.C. 601 et seq.) requires preparation technological innovation or anticipated rescinded or substantially modified. behavioral changes. DOE believes that of an initial regulatory flexibility DOE concludes that this final rule is this NOPR is consistent with these analysis for any rule that by law must consistent with the directives set forth principles, including the requirement be proposed for public comment, unless in these executive orders. The revisions that, to the extent permitted by law, the agency certifies that the rule, if would streamline DOE’s existing agencies adopt a regulation only upon a promulgated, will not have a significant procedures, applicable to DOE reasoned determination that its benefits economic impact on a substantial justify its costs and, in choosing among contractors and Federal employees, for ensuring that persons with unescorted number of small entities. As required by alternative regulatory approaches, those Executive Order 13272, ‘‘Proper approaches maximize net benefits. access to certain nuclear materials, nuclear explosive devices, facilities and Consideration of Small Entities in B. Review Under Executive Orders programs meet the highest standards of Agency Rulemaking,’’ (67 FR 53461, 13771 and 13777 reliability and physical and mental August 16, 2002), DOE published procedures and policies on February 19, On January 30, 2017, the President suitability. These revisions are intended issued Executive Order 13771, to provide better guidance to HRP- 2003, to ensure that the potential ‘‘Reducing Regulation and Controlling certified individuals and to ensure impacts of its rules on small entities are Regulatory Costs.’’ That Order stated the consistency in HRP decision making. properly considered during the policy of the executive branch is to be Specifically, this rule will incorporate a rulemaking process (68 FR 7990). DOE prudent and financially responsible in new process for requesting exemptions has made its procedures and policies the expenditure of funds, from both from requirements in § 712.11 and available on the Office of the General public and private sources. The Order approval by the cognizant Under Counsel’s website at http:// stated it is essential to manage the costs Secretary of such requests. For example, www.energy.gov/gc/office-general- associated with the governmental this provision would allow, in counsel. imposition of private expenditures appropriate circumstances, interim This rule would amend procedures required to comply with Federal clearances. In addition, in response to that apply to the certification of regulations. This final rule is expected comment on the proposed rule (82 FR individuals in the HRP. The rule applies to be an E.O. 13771 deregulatory action. 28412, June 22, 2017), DOE clarifies that to individuals, and would not apply to Additionally, on February 24, 2017, all removals must be based on a safety ‘‘small entities,’’ as that term is defined the President issued Executive Order or security concern that is itself based in the Regulatory Flexibility Act. As a 13777, ‘‘Enforcing the Regulatory on one or more of the types of behaviors result, if adopted, the rule would not Reform Agenda.’’ The Order required or conditions identified in § 712.13(c). have a significant economic impact on the head of each agency designate an This clarification ensures that removals a substantial number of small entities. agency official as its Regulatory Reform are not made for reasons not previously Officer (RRO). Each RRO oversees the known to the individual. DOE also Accordingly, DOE certifies that the implementation of regulatory reform clarifies that in determining whether an rule would not have a significant initiatives and policies to ensure that individual can physically perform his/ economic impact on a substantial agencies effectively carry out regulatory her duties, DOE will consider all the number of small entities, and, therefore, reforms, consistent with applicable law. factors involved in an incident that may no regulatory flexibility analysis is Further, E.O. 13777 requires the raise safety concerns, such that not required. DOE’s certification and establishment of a regulatory task force every safety violation would result in a supporting statement of factual basis at each agency. The regulatory task force temporary removal from HRP. This was provided to the Chief Counsel for is required to make recommendations to provision ensures that the applicable Advocacy of the Small Business the agency head regarding the repeal, threshold would not require removal Administration pursuant to 5 U.S.C. replacement, or modification of existing where removal is not warranted. 605(b).

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E. Review Under the Paperwork on the relationship between the national it is consistent with applicable policies Reduction Act government and the States, or on the in those guidelines. distribution of power and The information collection necessary K. Review Under Executive Order 13211 to administer DOE’s HRP program is responsibilities among the various subject to OMB approval under the levels of government. No further action Executive Order 13211, ‘‘Actions Paperwork Reduction Act, 44 U.S.C. is required by Executive Order 13132. Concerning Regulations That Significantly Affect Energy Supply, 3501 et seq. The collection was I. Review Under Executive Order 12988 approved by OMB under OMB approval Distribution, or Use,’’ 66 FR 28355 (May number 1910–5122. Public reporting With respect to the review of existing 22, 2001), requires Federal agencies to burden for the certification is estimated regulations and the promulgation of prepare and submit to the Office of to average 0.08 hours per response, new regulations, section 3(a) of Information and Regulatory Affairs including the time for reviewing Executive Order 12988, ‘‘Civil Justice (OIRA), Office of Management and instructions, searching existing data Reform,’’ 61 FR 4729 (February 7, 1996), Budget, a Statement of Energy Effects for sources, gathering and maintaining the imposes on Executive agencies the any significant energy action. A data needed, and completing and general duty to adhere to the following ‘‘significant energy action’’ is defined as reviewing the collection of information. requirements: (1) Eliminate drafting any action by an agency that Notwithstanding any other provision errors and ambiguity; (2) write promulgates or is expected to lead to of the law, no person is required to regulations to minimize litigation; and promulgation of a final rule, and that: respond to, nor shall any person be (3) provide a clear legal standard for (1) Is a significant regulatory action subject to a penalty for failure to comply affected conduct rather than a general under Executive Order 12866, or any with, a collection of information subject standard and promote simplification successor order; and (2) is likely to have to the requirements of the PRA, unless and burden reduction. a significant adverse effect on the that collection of information displays a With regard to the review required by supply, distribution, or use of energy, or currently valid OMB Control Number. section 3(a), section 3(b) of Executive (3) is designated by the Administrator of OIRA as a significant energy action. For F. Review Under the Unfunded Order 12988 specifically requires that any proposed significant energy action, Mandates Reform Act of 1995 Executive agencies make every reasonable effort to ensure that the the agency must give a detailed The Unfunded Mandates Reform Act regulation: (1) Clearly specifies the statement of any adverse effects on of 1995 (Pub. L. 104–4) generally preemptive effect, if any; (2) clearly energy supply, distribution or use requires a Federal agency to perform a specifies any effect on existing Federal should the proposal be implemented, detailed assessment of costs and law or regulation; (3) provides a clear and of reasonable alternatives to the benefits of any rule imposing a Federal legal standard for affected conduct action and their expected benefits on Mandate with costs to State, local or while promoting simplification and energy supply, distribution and use. tribal governments, or to the private burden reduction; (4) specifies the This rule is not a significant energy sector, of $100 million or more. This retroactive effect, if any; (5) adequately action. Accordingly, DOE has not rulemaking does not impose a Federal defines key terms; and (6) addresses prepared a Statement of Energy Effects. mandate on State, local or tribal other important issues affecting clarity L. Congressional Notification governments or on the private sector. and general draftsmanship under any G. Review Under the Treasury and guidelines issued by the Attorney As required by 5 U.S.C. 801, DOE will Government Appropriations Act, 1999 General. Section 3(c) of Executive Order report to Congress on the promulgation Section 654 of the Treasury and 12988 requires Executive agencies to of this rule prior to its effective date. General Government Appropriations review regulations in light of applicable The report will state that it has been Act, 1999 (Pub. L. 105–277), requires standards in section 3(a) and section determined that the rule is a ‘‘major Federal agencies to issue a Family 3(b) to determine whether they are met rule’’ as defined by 5 U.S.C. 804(2). Policymaking Assessment for any rule or it is unreasonable to meet one or V. Approval by the Office of the or policy that may affect family well- more of them. DOE has completed the Secretary being. The rule, if adopted, will have no required review and determined that, to impact on family well-being. the extent permitted by law, this rule The Office of the Secretary of Energy Accordingly, DOE has concluded that it meets the relevant standards of has approved the publication of the is not necessary to prepare a Family Executive Order 12988. final rule. Policymaking Assessment. J. Review Under the Treasury and List of Subjects in 10 CFR Part 712 General Government Appropriations H. Review Under Executive Order 13132 Administrative practice and Act, 2001 Executive Order 13132, 64 FR 43255 procedure, Alcohol abuse, Classified (August 4, 1999), imposes certain The Treasury and General information, Drug abuse, Government requirements on agencies formulating Government Appropriations Act, 2001 contracts, Government employees, and implementing policies or (44 U.S.C. 3516, note) provides for Health, Occupational safety and health, regulations that preempt State law or agencies to review most disseminations Radiation protection and Security that have federalism implications. of information to the public under measures. Agencies are required to examine the implementing guidelines established by Issued in Washington, DC, on April 16, constitutional and statutory authority each agency pursuant to general 2018. supporting any action that would limit guidelines issued by OMB. OMB’s Rick Perry, the policymaking discretion of the guidelines were published at 67 FR Secretary of Energy. States and carefully assess the necessity 8452 (February 22, 2002), and DOE’s for such actions. DOE has examined this guidelines were published at 67 FR For the reasons stated in the rule and has determined that it does not 62446 (October 7, 2002). DOE has preamble, DOE is amending part 712 of preempt State law and would not have reviewed this rule under the OMB and title 10 of the Code of Federal a substantial direct effect on the States, DOE guidelines and has concluded that Regulations as set forth below:

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PART 712—HUMAN RELIABILITY or circumstance that may be of a executed an agreement with the Federal PROGRAM security or safety concern. government for the purpose of performing under a contract, license, or ■ 1. The authority citation for part 712 § 712.2 Applicability. other arrangement. continues to read as follows: The HRP applies to all applicants for, Designated Physician means a Authority: : 42 U.S.C. 2165; 42 U.S.C. or current employees of DOE or NNSA licensed doctor of medicine or 2201; 42 U.S.C. 5814–5815; 42 U.S.C. 7101 et or a DOE or NNSA contractor or osteopathy who has been nominated by seq.; 50 U.S.C. 2401 et seq.; E.O. 10450, 3 subcontractor in a position defined or the Site Occupational Medical Director CFR 1949–1953 Comp., p. 936, as amended; designated under § 712.10 of this (SOMD) and approved by the Manager E.O. 10865, 3 CFR 1959–1963 Comp., p. 398, subpart as an HRP position. or designee, with the concurrence of the as amended; 3 CFR Chap. IV. § 712.3 Definitions. Associate Under Secretary for ■ 2. Revise subpart A to read as follows: Environment, Health, Safety and The following definitions are used in Subpart A—Establishment of and Security or his or her designee to Procedures for the Human Reliability this part: provide professional expertise in Program Access means: occupational medicine for the HRP. (1) A situation that may provide an General Provisions Designated Psychologist means a individual proximity to or control over licensed Ph.D., or Psy.D., in clinical Sec. 712.1 Purpose. Category I special nuclear material psychology who has been nominated by 712.2 Applicability. (SNM); or the SOMD and approved by the 712.3 Definitions. (2) The proximity to a nuclear Manager or designee, with the 712.4 Exemptions. explosive and/or Category I SNM that concurrence of the Associate Under allows the opportunity to divert, steal, Procedures Secretary for Environment, Health, tamper with, and/or damage the nuclear Safety and Security or his or her 712.10 Designation of HRP positions. explosive or material in spite of any 712.11 General requirements for HRP designee to provide professional controls that have been established to expertise in the area of psychological certification. prevent such unauthorized actions. 712.12 HRP implementation. assessment for the HRP. 712.13 Supervisory review. Alcohol means the intoxicating agent Diagnostic and Statistical Manual of 712.14 Medical assessment. in beverage alcohol, ethyl alcohol, or Mental Disorders means the current 712.15 Management evaluation. other low molecular weight alcohol. version of the American Psychiatric 712.16 Security review. Alcohol abuse means consumption of Association’s manual containing 712.17 Instructional requirements. any beverage, mixture, or preparation, definitions of psychiatric terms and 712.18 Transferring HRP certification. including any medication containing 712.19 Actions related to removal, diagnostic criteria of mental disorders. alcohol that results in impaired social or Drug abuse means use of an illegal revocation and/or reinstatement. occupational functioning. 712.20 Request for reconsideration or drug or misuse of legal drugs. certification review hearing. Alcohol concentration means the Evaluative report means the 712.21 Appointment of DOE counsel. alcohol in a volume of breath expressed document that sets forth the bases 712.22 Office of Hearings and Appeals. in terms of grams of alcohol per 210 supporting the revocation of an 712.23 Administrative Judge’s decision. liters of breath as indicated by a breath individual’s certification. 712.24 Final decision by DOE Under test. Evidential-grade breath alcohol Secretary. Alcohol use disorder means a device means a device that conforms to 712.25 Cooperation by the individual. maladaptive pattern in which a person’s the model standards for an evidential intake of alcohol is great enough to Subpart A—Establishment of and breath-testing device as listed on the damage or adversely affect physical or Procedures for the Human Reliability Conforming Products List of Evidential mental health or personal, social, or Program Breath Measurement Devices published occupational function; or when alcohol by the National Highway Traffic Safety General Provisions has become a prerequisite to normal Administration (NHTSA). function. Flashback means an involuntary, § 712.1 Purpose. Associate Under Secretary for spontaneous recurrence of some aspect This part establishes the policies and Environment, Health, Safety and of a hallucinatory experience or procedures for a Human Reliability Security means the DOE individual with perceptual distortion that occurs long Program (HRP) in the Department of responsibility for policy and quality after taking the hallucinogen that Energy (DOE), including the National assurance for DOE occupational medical produced the original effect; also Nuclear Security Administration programs. referred to as hallucinogen persisting (NNSA). The HRP is a security and Case chronology means a written perception disorder. safety reliability program designed to recitation of all actions that support a Hallucinogen means a drug or ensure that individuals who occupy recommendation to revoke an substance that produces hallucinations, positions affording access to certain individual’s HRP certification under distortions in perception of sights and materials, nuclear explosive devices, § 712.19. sounds, and disturbances in emotion, facilities, and programs meet the highest Certification means the formal action judgment, and memory. standards of reliability and physical and the HRP certifying official takes that HRP candidate means an individual mental suitability. This objective is permits an individual to perform HRP being considered for assignment to an accomplished under this part through a duties after it is determined that the HRP position. system of continuous evaluation that individual meets the requirements for HRP-certified individual means an identifies individuals whose judgment certification under this part. individual who has successfully and reliability may be impaired by Contractor means contractors and completed the HRP requirements. physical or mental/personality subcontractors at all tiers and any HRP certifying official means the disorders, alcohol abuse, use of illegal industrial, educational, commercial, or Manager or the Manager’s designee who drugs or the abuse of legal drugs or other entity, grantee, or licensee, certifies, recertifies, temporarily other substances, or any other condition including an employee that has removes, reviews the circumstances of

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an individual’s removal from an HRP health and safety, or national security individual completing any and all position, and directs reinstatement. protection significance, including (but components of the annual recertification HRP management official means an not limited to) incidents involving: process under § 712.11 and any other individual designated by the DOE or a (1) Injury or fatality to any person specific requirements that must be DOE contractor, as appropriate, who has involving actions of a DOE employee or completed in order to return to full HRP programmatic responsibility for HRP contractor employee; duties. positions. (2) An explosion, fire, spread of Safety concern means any condition, Illegal drug means a controlled radioactive material, personal injury or practice, or violation that causes a substance, as specified in Schedules I death, or damage to property that reasonable probability of physical harm, through V of the Controlled Substances involves nuclear explosives under DOE property loss, and/or environmental Act, 21 U.S.C. 811 and 812; the term jurisdiction; impact. does not apply to the use of a controlled (3) Accidental release of pollutants Security concern means the presence substance in accordance with the terms that results from, or could result in, a of information regarding an individual of a valid prescription, or other uses significant effect on the public or that raises a question as to whether HRP authorized by Federal law. environment; or certification and recertification would Impaired or impairment means a (4) Accidental release of radioactive endanger the common defense and decrease in functional capacity of a material above regulatory limits. security and would be clearly consistent person that is caused by a physical, Psychological assessment or test with the national interest. mental, emotional, substance abuse, or means a scientifically validated Semi-structured interview means an behavioral disorder. instrument designed to detect interview by a Designated Psychologist, Incident means an unplanned, psychiatric, personality, and behavioral or a psychologist under his or her undesired event that interrupts the tendencies that would indicate supervision, who has the latitude to completion of an activity and that may problems with reliability and judgment. vary the focus and content of the include property damage or injury. Random alcohol testing means the questions depending on the Job task analysis means the formal unscheduled, unannounced alcohol interviewee’s responses. process of defining the requirements of testing of randomly selected employees Site Occupational Medical Director a position and identifying the by a process designed to ensure that (SOMD) means the physician knowledge, skills, and abilities selections are made in a responsible for the overall direction and necessary to effectively perform the nondiscriminatory manner. operation of the occupational medical duties of the position. Random drug testing means the program at a particular site or program. Manager means the senior Federal unscheduled, unannounced drug testing Supervisor means the individual who line manager at a departmental site or of randomly selected employees by a has oversight and organizational Federal office with HRP-designated process designed to ensure that responsibility for a person holding an positions. selections are made in a HRP position, and whose duties include Material access area means a type of nondiscriminatory manner. evaluating the behavior and Security Area that is authorized to Reasonable suspicion means a performance of the HRP-certified contain a Category I quantity of special suspicion based on an articulable belief individual. nuclear material and that has that an individual uses illegal drugs or Transfer means an HRP-certified specifically defined physical barriers, is is under the influence of alcohol, drawn individual moving from one site to located within a Protected Area, and is from reasonable inferences from another site. subject to specific access controls. particular facts, as detailed further in Unacceptable damage means an Medical assessment means an part 707 of this title. incident that could result in a nuclear evaluation of an HRP candidate and Recertification means the action the detonation; high-explosive detonation HRP-certified individual’s present HRP certifying official takes annually, or deflagration from a nuclear explosive; health status and health risk factors by not to exceed 12 months, that permits the diversion, misuse, or removal of means of: an employee to remain in the HRP and Category I special nuclear material; or (1) Medical history review; perform HRP duties. an interruption of nuclear explosive (2) Job task analysis; Reinstatement means the action taken operations with a significant impact on (3) Physical examination; after it has been determined that an national security. (4) Appropriate laboratory tests and employee who has been temporarily Unsafe practice means either a human measurements; and removed from the HRP meets the action departing from prescribed hazard (5) Appropriate psychological and certification requirements of this part controls or job procedures or practices, psychiatric evaluations. and can be returned to HRP duties, or an action causing a person Nuclear explosive means an assembly contingent on the individual completing unnecessary exposure to a hazard. of fissionable and/or fusionable any and all components of the annual materials and main charge high recertification process under § 712.11 § 712.4 Exemptions. explosive parts or propellants that is and any other specific requirements that The Department is authorized to grant capable of producing a nuclear must be completed in order to return to exemptions from the requirements in detonation. full HRP duties. § 712.11 of this part as it determines are Nuclear explosive duties means work Reliability means an individual’s authorized by law. Exemptions from assignments that allow custody of a ability to adhere to security and safety requirements in this part are allowed nuclear explosive or access to a nuclear rules and regulations. only on a case-by-case basis. All explosive device or area. Restoration means the actions requests for an exemption should be Occurrence means any event or necessary to restore an individual’s HRP submitted in writing from the Manager incident that is a deviation from the duties after a final decision has been to the Associate Under Secretary for planned or expected behavior or course made by the cognizant Under Secretary Environment, Health, Safety and of events in connection with any DOE or his/her designee to overturn the Security for coordination, and approval or DOE-controlled operation if the revocation decision. The restoration of by the cognizant Under Secretary. A deviation has environmental, public HRP duties is contingent on the request for an exemption shall be

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approved only if the cognizant Under § 712.11 General requirements for HRP the appropriate Lead Program Secretary determines that the exemption certification. Secretarial Officer, or his or her will not endanger life or property or the (a) The following requirements apply designee, will be asked prior to common defense and security, and is to each individual applying for or in an performing any type of work if they otherwise consistent with the national HRP position: have consumed alcohol within the interest. The procedures in this section (1) A DOE ‘‘Q’’ access authorization; preceding eight-hour period. If they shall not be used to establish stricter (2) Signed releases, acknowledgments, answer ‘‘no,’’ they may perform their recertification standards than those and waivers to participate in the HRP on assigned duties but still may be tested. required by § 712.11. forms provided by DOE; (f) Any doubt as to an HRP (3) Completion of initial and annual candidate’s or HRP certified Procedures HRP instruction as provided in § 712.17; individual’s eligibility for certification § 712.10 Designation of HRP positions. (4) Successful completion of an initial shall be resolved against the candidate and annual supervisory review, medical (a) HRP certification is required for or individual in favor of national assessment, management evaluation, security and/or safety. each individual assigned to, or applying and a DOE personnel security review; for, a position that: (5) No use of any hallucinogen in the § 712.12 HRP implementation. (1) Affords access to Category I SNM preceding 5 years and no experience of (a) The implementation of the HRP is or has responsibility for transportation flashback resulting from the use of any the responsibility of the appropriate or protection of Category I quantities of hallucinogen more than 5 years before Manager or his or her designee. SNM; applying for certification or (b) The HRP Management Official (2) Involves nuclear explosive duties recertification; must prepare an HRP implementation or has responsibility for working with, (6) An initial drug test and random plan and submit it to the applicable protecting, or transporting nuclear drug tests for the use of illegal drugs at Manager for review and approval. The explosives, nuclear devices, or selected least once each 12 months; implementation plan must: components; (7) An initial alcohol test and random (1) Be reviewed and updated every 2 (3) Affords access to information alcohol tests at least once each 12 years; concerning vulnerabilities in protective months; and (2) Include the four annual systems when transporting nuclear (8) For designated positions, components of the HRP process: explosives, nuclear devices, selected identified pursuant to 10 CFR part 709, supervisory review, medical assessment, components, or Category I quantities of successful completion of a management evaluation (which includes SNM; or counterintelligence evaluation, which random drug and alcohol testing), and a (4) Is not included in paragraphs (a)(1) may include a counterintelligence-scope DOE personnel security determination; through (3) of this section but affords polygraph examination in accordance and the potential to significantly impact with DOE’s Polygraph Examination (3) Include the HRP instruction and national security or cause unacceptable Regulation, 10 CFR part 709, and any education component described in damage and is approved pursuant to subsequent revisions to that regulation. § 712.17 of this part. paragraph (b) of this section. (b) Each HRP candidate must be (c) The Under Secretary for Nuclear (b) The Manager or the HRP certified in the HRP before being Security, or his/her designee, must: management official may nominate assigned to HRP duties and must be (1) Provide advice and assistance to positions for the HRP that are not recertified annually, not to exceed 12 the Associate Under Secretary for specified in paragraphs (a)(1) through months between recertifications. Environment, Health, Safety and (3) of this section or that have not (c) Individuals in newly identified Security regarding policies, standards, previously been designated HRP HRP positions must immediately sign and guidance for all nuclear explosive positions. All such nominations must be the releases, acknowledgments, and duty requirements; and submitted to and approved by either the waivers to participate in the HRP and (2) Be responsible for implementation NNSA Administrator, his or her complete initial instruction on the of all nuclear explosive duty safety designee, the Associate Under Secretary importance of security, safety, requirements. for Environment, Health, Safety and reliability, and suitability. If these (d) The Associate Under Secretary for Security or the appropriate Lead requirements are not met, the individual Environment, Health, Safety and Program Secretarial Officer, or his or her must be removed from the HRP Security, or designee, is responsible for designee. position. All remaining HRP HRP policy and must: (c) Before nominating a position for requirements listed in paragraph (a) of (1) Ensure consistency of the HRP designation as an HRP position, the this section must be completed in an throughout the DOE and NNSA; Manager or the HRP management expedited manner. (2) Review and comment on all HRP official must analyze the risks the (d) Alcohol consumption is implementation plans to ensure position poses for the particular prohibited within an eight-hour period consistency with policy; and operational program. If the analysis preceding scheduled work for (3) Provide policies and guidance, shows that more restrictive physical, individuals performing nuclear including instructional materials, to administrative, or other controls could explosive duties and for individuals in NNSA and non-NNSA field elements be implemented that would prevent the specific positions designated by either concerning the HRP, as appropriate. position from being designated an HRP the Manager, the NNSA Administrator, (e) The Manager must: position, those controls will be his or her designee, or the appropriate (1) Review and approve the HRP implemented, if practicable. Lead Program Secretarial Officer, or his implementation plan for sites/facilities (d) Nothing in this part prohibits or her designee. under their cognizance and forward the contractors from establishing stricter (e) Individuals reporting for plan to the Director, Office of Corporate employment standards for individuals unscheduled nuclear explosive duties Security Strategy, or designee; and who are nominated to DOE for and those specific positions designated (2) Ensure that the HRP is certification or recertification in the by either the Manager, the NNSA implemented at the sites/facilities under HRP. Administrator or his or her designee, or their cognizance.

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(f) The HRP certifying official must: (c) The supervisor must report any unescorted access to the material access (1) Approve placement, certification, concerns resulting from his or her areas; and reinstatement, and recertification of review to the appropriate HRP (3) Notify, within 24 hours, the HRP individuals into HRP positions; for management official. Types of behavior management official of the immediate unresolved temporary removals, follow and conditions that would indicate a removal. The HRP management official the process in § 712.19(f); concern include, but are not limited to: shall take actions consistent with (2) Ensure that instructional (1) Psychological or physical § 712.19. requirements are implemented; disorders that impair performance of (3) Immediately notify (for the assigned duties; § 712.14 Medical assessment. purpose of limiting access) the (2) Conduct that warrants referral for (a) Purpose. The HRP medical appropriate HRP management official of a criminal investigation or results in assessment is performed to evaluate a personnel security action that results arrest or conviction; whether an HRP candidate or an HRP- in the suspension of access (3) Indications of deceitful or certified individual: authorization; and delinquent behavior; (1) Represents a security concern; or (4) Ensure that the supervisory (4) Attempted or threatened (2) Has a condition that may prevent review, medical assessment, and destruction of property or life; the individual from performing HRP management evaluation, including drug (5) Suicidal tendencies or attempted duties in a reliable and safe manner. and alcohol testing, are conducted on an suicide; (b) When performed. (1) The medical annual basis (not to exceed 12 months). (6) Use of illegal drugs or the abuse of assessment is performed initially on (g) Individuals assigned to HRP duties legal drugs or other substances; HRP candidates and individuals must: (7) Alcohol use disorders; occupying HRP positions who have not (1) Execute HRP releases, (8) Recurring financial yet received HRP certification. The acknowledgments, and waivers to irresponsibility; medical assessment is performed facilitate the collection and (9) Irresponsibility in performing annually for HRP-certified individuals, dissemination of information, the assigned duties; or more often as required by the SOMD. performance of drug and alcohol testing, (10) Inability to deal with stress, or (2) The Designated Physician and and medical examinations; the appearance of being under unusual other examiners working under the (2) Notify the Designated Physician, stress; direction of the Designated Physician the Designated Psychologist, or the (11) Failure to comply with work also will conduct an evaluation: SOMD immediately of a physical or directives, hostility or aggression toward (i) If an HRP-certified individual mental condition requiring medication fellow workers or authority, requests an evaluation (i.e., self- or treatment; uncontrolled anger, violation of safety referral); or (3) Report any observed or reported or security procedures, or repeated (ii) If an HRP-certified individual is behavior or condition of another HRP- absenteeism; referred by management for an certified individual that could indicate (12) Significant behavioral changes, evaluation. a reliability concern, including those moodiness, depression, or other (c) Process. The Designated Physician, behaviors and conditions listed in evidence of loss of emotional control; under the supervision of the SOMD, is § 712.13(c), to a supervisor, the and responsible for the medical assessment Designated Physician, the Designated (13) Any unusual conduct or being of HRP candidates and HRP-certified Psychologist, the SOMD, or the HRP subject to any circumstances which tend individuals. In performing this management official; and to show that the individual is not responsibility, the Designated Physician (4) Report to a supervisor, the reliable. or the SOMD must integrate the medical Designated Physician, the Designated (d) A supervisor must immediately evaluations, available testing results, Psychologist, the SOMD, or the HRP remove an individual from HRP duties: psychological evaluations, any management official, any behavior or (1) When the supervisor has a psychiatric evaluations, a review of condition, including those listed in reasonable belief that the individual is current legal drug use, and any other § 712.13(c), that may affect his or her not reliable, based on either a safety or relevant information. This information ability to perform HRP duties. security concern based on one or more is used to determine if a reliability, § 712.13 Supervisory review. of the types of behaviors and conditions safety, or security concern exists and if (a) The supervisor must ensure that identified in § 712.13(c); the individual is medically qualified for each HRP candidate and each (2) When the individual does not his or her assigned duties. individual occupying an HRP position obtain HRP recertification; or (d) Evaluation. The Designated but not yet HRP certified executes the (3) When requested to do so by the Physician, with the assistance of the appropriate HRP releases, HRP certifying official and/or HRP Designated Psychologist, must acknowledgments, and waivers. If these management official. determine the existence or nature of any documents are not executed: (e) The supervisor must contact the of the following: (1) The request for HRP certification appropriate personnel office for (1) Physical or medical disabilities, may not be further processed until these guidance as to any actions that should such as a lack of visual acuity, defective requirements are completed; and occur as a result of the immediate color vision, impaired hearing, (2) The individual is immediately removal. musculoskeletal deformities, and removed from the position. (f) Immediate removal: If the neuromuscular impairment; (b) Each supervisor of HRP-certified supervisor immediately removes an (2) Mental/personality disorders or personnel must conduct an annual HRP-certified individual for any reason behavioral problems, including alcohol review of each HRP-certified individual specified in this part, he or she must, at and other substance use disorders, as during which the supervisor must a minimum: described in the Diagnostic and evaluate information, based on his or (1) Require the individual to stop Statistical Manual of Mental Disorders; her personal knowledge that is relevant performing HRP duties; (3) Use of illegal drugs or the abuse of to the individual’s suitability to perform (2) Take action to ensure the legal drugs or other substances, as HRP tasks in a reliable and safe manner. individual is denied both escorted and identified by self-reporting or by

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medical or psychological evaluation or for written recommendation to return to certification or recertification in the testing; normal duties after any period of sick HRP. This evaluation must be based on (4) Threat of suicide, homicide, or leave. a careful review of the results of the physical harm; or (h) Temporary removal or restrictions. supervisory review, medical assessment, (5) Medical conditions such as The Designated Physician, the and drug and alcohol testing. If a safety cardiovascular disease, endocrine Designated Psychologist, or the SOMD or security concern is identified with disease, cerebrovascular or other may recommend temporary removal of respect to an HRP-certified individual, neurologic disease, or the use of drugs an individual from an HRP position or the HRP management official must take for the treatment of conditions that may restrictions on an individual’s work in actions consistent with § 712.19(a). adversely affect the judgment or ability an HRP position if a medical condition (b) Drug testing. All HRP candidates of an individual to perform assigned or circumstance develops that affects and HRP-certified individuals are duties in a reliable and safe manner. the individual’s ability to perform subject to testing for the use of illegal (e) Job task analysis. Before the initial assigned job duties. The Designated drugs, as required by this part. Testing or annual medical assessment and Physician, the Designated Psychologist, must be conducted in accordance with psychological evaluation, employers or the SOMD must immediately 10 CFR part 707, the workplace must provide, to both the Designated recommend medical removal or medical substance abuse program for DOE Physician and Designated Psychologist, restrictions in writing to the appropriate contractor employees, and DOE Order a job task analysis for each HRP HRP management official. If the HRP 343.1, ‘‘Federal Substantive Abuse candidate or HRP-certified individual. management official concurs, he or she Testing Program,’’ for DOE employees. Medical assessments and psychological will then notify the appropriate HRP The program must include an initial evaluations may not be performed if a certifying official. To reinstate or drug test, random drug tests at least job task analysis has not been provided. remove such restrictions, the Designated once every 12 months from the previous (f) Psychological evaluations. Physician, the Designated Psychologist, test, and tests of HRP-certified Psychological evaluations must be or the SOMD must make written individuals if they are involved in an conducted: recommendation to the HRP incident, unsafe practice, occurrence, or (1) For initial HRP certification. This management official. The HRP based on reasonable suspicion. Failure psychological evaluation consists of a management official will then notify the to appear for unannounced testing psychological assessment (test), appropriate HRP certifying official. within 2 hours of notification approved by the Associate Under (i) Medical evaluation after constitutes a refusal to submit to a test. Secretary for Environment, Health, rehabilitation. (1) Individuals who Sites may establish a shorter time period Safety and Security or his or her request reinstatement in the HRP between notification and testing but designee, and a semi-structured following rehabilitative treatment for may not exceed the two-hour interview. alcohol use disorder, use of illegal requirement. If an HRP-certified (2) For recertification: This drugs, or the abuse of legal drugs or individual refuses to submit to a drug psychological evaluation consists of a other substances, must undergo an test or, based on a drug test, is semi-structured interview. A evaluation, as prescribed by the SOMD, determined to use illegal drugs, the psychological assessment (test) may also to ensure continued rehabilitation and supervisor must immediately remove be conducted as warranted. adequate capability to perform their job the individual from HRP duties and take (3) Every third year: The medical duties. actions consistent with § 712.13(f). assessment for recertification must (2) The HRP certifying official may (c) Alcohol testing. All HRP include a psychological assessment reinstate HRP certification of an candidates and HRP-certified (test) approved by the Associate Under individual who successfully completes individuals are subject to testing for the Secretary for Environment, Health, an SOMD-approved drug or alcohol use of alcohol, as required by this part. Safety and Security or his or her rehabilitation program. Recertification is The alcohol testing program must designee. This requirement can be based on the SOMD’s follow-up include, as a minimum, an initial implemented over a 3-year period for evaluation and recommendation. The alcohol test prior to performing HRP individuals who are currently in an HRP individual is also subject to duties and random alcohol tests at least position. unannounced follow-up tests for illegal once every 12 months from the previous (4) When additional psychological or drugs or alcohol and relevant test, and tests of HRP-certified psychiatric evaluations are required by counseling for 3 years. individuals if they are involved in an the SOMD to resolve any concerns. (j) Medication and treatment. HRP- incident, unsafe practice, occurrence, or (g) Return to work after sick leave. certified individuals are required to based on reasonable suspicion. The HRP-certified individuals who have immediately report to the Designated supervisor who has been informed that been on sick leave for five or more Physician, the Designated Psychologist, an HRP-certified individual’s consecutive days, or an equivalent time or the SOMD any physical or mental confirmatory breath alcohol test result is period for those individuals on an condition requiring medication or at or above an alcohol concentration of alternative work schedule, must report treatment. The Designated Physician, 0.02 percent shall send that individual in person to the Designated Physician, the Designated Psychologist, or the home and not allow that individual to the Designated Psychologist, or the SOMD determines if temporary removal perform HRP duties for 24 hours, and SOMD before being allowed to return to of the individual from HRP duties is take all appropriate administrative normal duties. The Designated recommended and follows the action consistent with § 712.13(f). Physician, the Designated Psychologist, procedures pursuant to paragraph (h) of (1) Breath alcohol testing must be or the SOMD must provide a written this section. conducted by a certified breath alcohol recommendation to the appropriate HRP technician and conform to the DOT supervisor regarding the individual’s § 712.15 Management evaluation. procedures (49 CFR part 40, Procedures return to work. An HRP-certified (a) Evaluation components. An for Transportation Workplace Drug and individual also may be required to evaluation by the HRP management Alcohol Testing Programs, subparts J report to the Designated Physician, the official is required before an individual through N) for use of an evidential-grade Designated Psychologist, or the SOMD can be considered for initial breath analysis device approved for

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0.02/0.04 cutoff levels, which conforms from facts and reasonable inferences HRP duties, may be provided in writing to the DOT model specifications and the from those particular facts that an HRP- to the SOMD, Designated Physician, and most recent ‘‘Conforming Products List’’ certified individual is in possession of, Designated Psychologist previously issued by NHTSA. or under the influence of, an illegal drug identified for receipt of this information. (2) An individual required to undergo or alcohol. Such a belief may be based Medical personnel may not share any DOT alcohol testing is subject to the on, among other things: information obtained from the regulations of the DOT. If such an (i) Observable phenomena, such as personnel security file with anyone who individual’s blood alcohol level exceeds direct observation of the use or is not an HRP certifying official, except DOT standards, the individual’s possession of illegal drugs or alcohol, or as consistent with the Privacy Act of employer may take appropriate the physical symptoms of being under 1974. disciplinary action. the influence of drugs or alcohol; (e) If the DOE personnel security (3) The following constitutes a refusal (ii) A pattern of abnormal conduct or review is not completed within the 12- to submit to a test and shall be erratic behavior; month time period for recertification considered as a positive alcohol (iii) Information provided by a and the individual’s access concentration test of 0.02 percent, reliable and credible source that is authorization is not suspended, the HRP which requires the individual be sent independently corroborated; or certification form shall be forwarded to home and not allowed to perform HRP (iv) Detection of alcohol odor on the the HRP certifying official for duties for 24 hours: breath. recertification or temporary removal, (i) Failure to appear for unannounced (f) Counterintelligence evaluation. pending completion of the personnel testing within 2 hours of notification (or HRP candidates and, when selected, security review. established shorter time for the specific HRP-certified individuals, must submit site); to and successfully complete a § 712.17 Instructional requirements. (ii) Failure to provide an adequate counterintelligence evaluation, which (a) HRP management officials at each volume of breath in 2 attempts without may include a polygraph examination in DOE site or facility with HRP positions a valid medical excuse; and accordance with 10 CFR part 709, must establish an initial and annual (iii) Engaging in conduct that clearly Polygraph Examination Regulations and HRP instruction and education program. obstructs the testing process, including any subsequent revisions to that The program must provide: failure to cooperate with reasonable regulation. (1) HRP candidates, HRP-certified instructions provided by the testing § 712.16 Security review. individuals, supervisors, and managers, technician. and supervisors and managers (d) Occurrence testing. (1) When an (a) A personnel security specialist responsible for HRP positions with the HRP-certified individual is involved in, must review the personnel security file knowledge described in paragraph (b)(1) or associated with, an occurrence of every HRP candidate and every HRP- of this section; and requiring immediate reporting to the certified individual up for certification (2) For all HRP medical personnel, a DOE, the following procedures must be or recertification. detailed explanation of HRP duties and implemented: (b) If the personnel security file (i) Testing for the use of illegal drugs review is favorable, this information responsibilities. in accordance with the provisions of the must be forwarded to the HRP certifying (b) The following program elements DOE policies implementing Executive official and so noted on the certification must be included in initial and annual Order 12564, and 10 CFR part 707 or form. If the review reveals a security instruction. The elements may be DOE Order 3792.3, which establish concern, or if a security concern is tailored to accommodate group workplace substance abuse programs for identified during another component of differences and refresher training needs: contractor and DOE employees, the HRP process, the HRP certifying (1) The objectives of the HRP and the respectively. official must be notified, and the role and responsibilities of each (ii) Testing for use of alcohol in personnel security specialist must individual in the HRP to include accordance with this section. evaluate the concern in accordance with recognizing and responding to (2) Testing must be performed as soon 10 CFR part 710. If a final determination behavioral change and aberrant or as possible after an occurrence that is made by DOE personnel security to unusual behavior that may result in a requires immediate notification or suspend access authorization, the HRP risk to national security or nuclear reporting. management official must be notified, explosive safety; recognizing and (3) The supervisor must immediately the individual shall be temporarily reporting safety and/or security remove an HRP-certified individual removed from the HRP position, the concerns, physical, mental, or emotional from HRP duties if the individual HRP certifying official notified, and the conditions that could adversely affect refuses to undergo the testing required information noted on the certification the performance of HRP duties or that by this subsection. form. require treatment by a doctor, (e) Testing for reasonable suspicion. (c) A favorable adjudication of physician’s assistant or other health care (1) If the behavior of an individual in an security concerns under 10 CFR part professional; and prescription drug use; HRP position creates the basis for 710 does not require granting or and an explanation of return-to-work reasonable suspicion of the use of an continuing HRP certification. Security requirements and continuous evaluation illegal drug or alcohol, that individual concerns can be reviewed and evaluated of HRP participants; and must be tested if two or more for purposes of granting or continuing (2) For those who have nuclear supervisory or management officials, at HRP certification even if the concerns explosive responsibilities, a detailed least one of whom is in the direct chain have been favorably resolved under part explanation of duties and safety of supervision of the individual or is the 710. requirements. Designated Physician, the Designated (d) Any mental/personality disorder Psychologist, or the SOMD, agree that or behavioral issues found in a § 712.18 Transferring HRP certification. such testing is appropriate. personnel security file, which could (a) For HRP certification to be (2) Reasonable suspicion must be impact an HRP candidate or HRP- transferred, the individual must based on an articulable belief, drawn certified individual’s ability to perform currently be certified in the HRP.

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(b) Transferring the HRP certification concern, the HRP management official explanation of the reasons and factual from one site to another requires the must notify the HRP certifying official bases for the action, and notify the following before the individual is and the applicable DOE personnel individual; allowed to perform HRP duties at the security office. (2) Direct revocation of the new site: (d) If temporary removal is based on individual’s HRP certification, in (1) Verify that the individual is a medical concern, the HRP accordance with paragraph (h) of this currently certified in the HRP and is management official must obtain a section; or transferring into a designated HRP recommendation from the Designated (3) Direct continuation of the position; Physician, Designated Psychologist, or temporary removal pending completion (2) Incorporate the individual into the the SOMD consistent with § 712.14(h). of specified actions (e.g., medical new site’s alcohol and drug-testing (e) If the HRP management official assessment, treatment) to resolve the program; determines, after conducting an concerns about the individual’s (3) Ensure that the 12-month time evaluation of the circumstances or reliability. period for HRP requirements that was information that led to the temporary (h) Notification of Manager’s initial established at the prior site is not removal, that an individual who has decision: If the action is revocation, the exceeded; and been temporarily removed continues to Manager must direct the HRP (4) Provide site-specific instruction. meet the requirements for certification, management official to prepare an (c) Temporary assignment to HRP the HRP management official must: evaluative report. The appropriate DOE positions at other sites requires (1) Direct that the supervisor reinstate or NNSA counsel must review the verification that the individual is the individual and provide written evaluative report for legal sufficiency. currently enrolled in the HRP and has explanation of the reasons and factual Upon completion of the evaluative completed all site-specific instruction. bases for the action; report, the Manager must send a letter The individual is required to return to (2) Notify the individual; and by certified mail (return receipt the site that maintains his or her HRP (3) Notify the HRP certifying official. requested) or hand deliver it with record certification for recertification. (f) If the HRP management official of delivery to the individual whose determines that an individual who has certification is revoked notifying him or § 712.19 Actions related to removal, been temporarily removed does not revocation and/or reinstatement. her of the reasons for the revocation and meet the HRP requirements for the options for review. The evaluative (a) Temporary removal. The HRP certification, the HRP management report must be appended to the letter. management official shall direct the official must prepare a case chronology The Manager may withhold such a temporary removal of an HRP-certified that explains why the individual does report, or portions thereof, to the extent individual when the management not meet the requirement for that he or she determines that the official: certification and forward it to the HRP report, or portions thereof, may be (1) Identifies, during the course of the certifying official. The HRP management exempt from access by the employee management evaluation, a safety or official’s determination that an under the Privacy Act or the Freedom of security concern that warrants such individual does not meet certification Information Act. removal based on one or more of the requirement must be based on one or (i) If an individual is directed by the types of behaviors and conditions more of the types of behaviors and Manager or HRP certifying official to identified in § 712.13(c); conditions identified in § 712.13(c). The take specified actions to resolve HRP (2) Receives a supervisor’s written HRP certifying official must review the concerns pursuant to paragraph (f)(2) or notice of the immediate removal of an case chronology from the HRP (g)(3) of this section he or she must be HRP-certified individual; or management official and take one of the reevaluated after those actions have (3) Receives a recommendation from following actions: been completed, and the Manager must the Designated Physician, the (1) Direct that the supervisor reinstate direct either: Designated Psychologist, or the SOMD the individual, with any applicable (1) Reinstatement of the individual; or to medically remove an HRP-certified medical restrictions, provide written (2) Revocation of the individual’s HRP individual consistent with § 712.14(h). explanation of the reasons and factual certification. In the case of revocation, (b) The temporary removal of an HRP- bases for the action, and notify the the HRP management official will be certified individual from HRP duties individual; directed to prepare an evaluative report. pending a determination of the (2) Direct continuation of the individual’s reliability is an interim, temporary removal pending completion § 712.20 Request for reconsideration or precautionary action and does not of specified actions (e.g., medical certification review hearing. constitute a determination that the assessment, treatment) to resolve the (a) An individual who receives individual is not fit to perform his or concerns about the individual’s notification of the Manager’s decision to her required duties. Removal is not, in reliability; or revoke his or her HRP certification itself, cause for loss of pay, benefits, or (3) Recommend to the Manager the under § 712.19 may choose one of the other changes in employment status. revocation of the individual’s following options: Immediately upon directing a temporary certification and provide the case (1) Submit a written request to the removal, the HRP management official chronology to the Manager. If the HRP Manager for reconsideration of the must notify the supervisor to take certifying official is the Manager, he or decision to revoke certification. The appropriate actions consistent with an she should take actions consistent with request must include the individual’s immediate removal. Within five (5) paragraph (g)(2) of this section. response to the information that gave business days of placing the individual (g) The Manager, on receiving the rise to the concern. The request must be on a temporary removal, the HRP HRP management official’s case sent by certified mail to the Manager management official must notify the chronology and the HRP certifying within 20 working days after the individual in writing that s/he is official’s recommendation (if any), must individual received notice of the temporarily removed. take one of the following actions: Manager’s decision; or (c) If temporary removal is based on (1) Direct that the supervisor reinstate (2) Submit a written request to the derogatory information that is a security the individual, provide written Manager for a certification review

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hearing. The request for a hearing must of the Manager’s decision will not be final agency decision consistent with be sent by certified mail to the Manager considered by the Administrative Judge. § 712.20(b) if— within 20 working days after the (e) DOE Counsel shall assist the (1) The individual or his or her individual receives notice of the Administrative Judge in establishing a attorney fails to heed the instructions of Manager’s decision. complete administrative hearing record the Administrative Judge; (b) If an individual requests in the proceeding and bringing out a full (2) The individual fails to appear at reconsideration by the Manager but not and true disclosure of all facts, both the appointed time, date and location a certification review hearing, the favorable and unfavorable, having for the certification review hearing; Manager must, within 20 working days bearing on the issues before the (3) The individual otherwise fails to after receipt of the individual’s request, Administrative Judge. cooperate at the hearing phase of the send by certified mail (return receipt (f) In conducting the proceedings, the process; or requested) a final agency decision to the Administrative Judge will: (4) The individual withdraws his/her individual. (1) Determine the date, time, and request for a certification review (c) If an individual requests a location of the hearing, including hearing. certification review hearing, the whether the hearing will be conducted (i) Based on a review of the Manager must forward the request to the by video teleconference; administrative hearing record, the Office of Hearings and Appeals. (2) At least 7 calendar days prior to Administrative Judge shall prepare a (d) If an individual takes no action date scheduled for the hearing, convene decision regarding the individual’s within 20 working days after receipt of a prehearing conference for the purpose eligibility for recertification in the HRP, the Manager’s decision, the Manager’s of discussing stipulations and exhibits, which shall consist of written findings decision will become a final agency identifying witnesses, and disposing of and a supporting statement of reasons. decision. other appropriate matters. The In making a decision, the Administrative Judge shall ensure that § 712.21 Appointment of DOE counsel. conference will usually be conducted by telephone; any doubt as to an individual’s (a) Upon receipt from the individual (3) Receive all relevant and material certification shall be resolved against of a written request for a certification information relating to the individual’s the individual in favor of national review hearing, the Manager shall fitness for HRP duties through witnesses security and/or safety. request appointment of DOE counsel as or documentation; soon as possible. § 712.23 Administrative Judge’s decision. (b) DOE Counsel is authorized to (4) Ensure that the individual is (a) Within 30 calendar days of the consult directly with the individual if permitted to offer information in his or receipt of the hearing transcript by the he is not represented by counsel, or her behalf; to call, examine, and cross- Administrative Judge or the closing of with the individual’s counsel or examine witnesses and other persons the record, whichever is later, the representative if so represented, to who have made written or oral Administrative Judge should forward clarify issues and reach stipulations statements, and to present and examine his or her decision to the Associate with respect to testimony and contents documentary evidence to the extent Under Secretary for Environment, of documents and other physical permitted by national security; Health, Safety, and Security. The evidence. Such stipulations shall be (5) Require the testimony of the Administrative Judge’s decision must be binding upon the individual and the individual and all witnesses be given accompanied by a copy of the record. DOE Counsel for the purposes of this under oath or affirmation; (b) Within 10 calendar days of receipt subpart. (6) Ensure that a transcript of the of the decision and the administrative certification review proceedings is record, the Associate Under Secretary § 712.22 Office of Hearings and Appeals. made; and for Environment, Health, Safety, and (a) Upon receipt of the hearing request (7) Not engage in ex parte Security should: from the Manager, the Director, DOE communications with either party. (1) Notify the individual and Manager Office of Hearings and Appeals, shall (g) The Administrative Judge shall in writing of the Administrative Judge’s appoint, as soon as practicable, an have all powers necessary to regulate decision; Administrative Judge. the conduct of proceedings, including, (2) Advise the individual in writing of (b) The Administrative Judge must but not limited to, establishing a list of the appeal procedures available to the have a DOE ‘‘Q’’ access authorization. persons to receive service of papers, individual in paragraph (c) of this (c) An individual who requests a issuing subpoenas for witnesses to section if the decision is unfavorable to certification review hearing has the right attend the hearing or for the production the individual; to appear personally before the of specific documents or other physical (3) Advise the Manager in writing of Administrative Judge; to present evidence, administering oaths and the appeal procedures available to the evidence in his or her own behalf, affirmations, ruling upon motions, Manager in paragraph (c) of this section through witnesses or by documents, or receiving evidence, regulating the if the decision is favorable to the by both; and to be accompanied and course of the hearing, disposing of individual; and represented at the hearing by counsel or procedural requests or similar matters, (4) Provide the individual and/or any other person of the individual’s and taking other actions consistent with counsel or representative, and the choosing and at the individual’s own the regulations in this part. Requests for Manager a copy of the Administrative expense. subpoenas shall be granted except Judge’s decision and the administrative (d) An individual must come forward where the Administrative Judge finds record. with evidence to demonstrate that the that the grant of subpoenas would (c) The individual or the Manager decision to revoke his or her HRP clearly result in evidence or testimony may file with the Associate Under certification was clearly erroneous or that is repetitious, incompetent, Secretary for Environment, Health, that extraordinary circumstances irrelevant, or immaterial to the issues in Safety, and Security a written request warrant recertification into HRP. the case. for further review of the decision by the Evidence that the individual has (h) The Administrative Judge may cognizant Under Secretary along with a rehabilitated or reformed since the time return a case to the HRP Manager for a statement required by paragraph (e) of

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this section within 20 working days of affirmative finding required for granting DEPARTMENT OF TRANSPORTATION the individual’s or Manager’s receipt of or continuing HRP certification. In this the Administrative Judge’s decision; event, any HRP certification then in Federal Aviation Administration (d) The copy of any request for further effect may be revoked, or, for HRP review of the individual’s case by the candidates, may not be granted. 14 CFR Part 39 cognizant Under Secretary filed by the (b) An HRP certified individual who Manager shall be provided to the receives notification of the Manager’s [Docket No. FAA–2018–0304; Product individual by the Manager. Identifier 2018–NM–065–AD; Amendment (e) The party filing a request for decision to revoke his or her 39–19261; AD 2018–09–05] review of the individual’s case by the certification due to failure to cooperate may choose one of the following cognizant Under Secretary shall include RIN 2120–AA64 with the request a statement identifying options: the issues on which it wishes the (1) Take no action; or Airworthiness Directives; The Boeing cognizant Under Secretary to focus. (2) Within 20 working days after the Company Airplanes (f) The Administrative Judge’s individual received notice of the decision shall be considered final if a AGENCY: Federal Aviation Manager’s revocation decision, submit a written request for review is not filed in Administration (FAA), DOT. written request by certified mail to the accordance with paragraph (c) of this ACTION: Final rule; request for section. Manager for reconsideration. The comments. request must include the individual’s § 712.24 Final decision by DOE Under response to the information that gave SUMMARY: We are adopting a new Secretary. rise to the revocation decision. airworthiness directive (AD) for The (a) Within 10 calendar days of receipt (c) Upon receipt of the request for Boeing Company Model 787–8 and 787– of the written request for review, the reconsideration, the Manager shall 9 airplanes powered by Rolls-Royce plc Associate Under Secretary for notify the individual, in writing, within (RR) Trent 1000–A2, Trent 1000–AE2, Environment, Health, Safety and 20 calendar days of receipt of the Trent 1000–C2, Trent 1000–CE2, Trent Security should forward to the 1000–D2, Trent 1000–E2, Trent 1000– written appeal, as to whether the action cognizant Under Secretary the written G2, Trent 1000–H2, Trent 1000–J2, to revoke certification was appropriate. request for review, the Administrative Trent 1000–K2, and Trent 1000–L2 Judge’s decision, and the administrative If the Manager determines that the turbofan engines. This AD requires record. action was inappropriate, he or she shall revising the airplane flight manual (b) Upon receipt of the written request reverse revocation. (AFM) to limit extended operations for review, the Administrative Judge’s § 712.34 [Amended] (ETOPS). This AD was prompted by a decision, and the administrative record, report from the engine manufacturer the cognizant Under Secretary, in ■ 3. Section 712.34 is amended by indicating that after an engine failure, consultation with the DOE General removing the language, ‘‘Director, Office prolonged operation at high thrust Counsel, will issue a final written of Health and Safety’’ in paragraphs (a), settings on the remaining engine during decision. The cognizant Under Secretary (b) introductory text, (c), and (d) and an ETOPS diversion may result in may delegate this authority. In issuing a adding in its place ‘‘Associate Under failure of the remaining engine before final decision, the cognizant Under Secretary for Environment, Health, the diversion can be safely completed. Secretary shall expressly state that he or Safety and Security’’. We have determined that updated AFM she is either revoking or restoring an limitations are needed to minimize the ■ individual’s HRP certification. A copy 4. Section 712.35 is amended by potential for intermediate pressure of this decision must be sent by certified revising the section heading and in the compressor (IPC) blade failures under mail (return receipt requested) to the introductory text by removing the certain conditions. We are issuing this Manager and to the individual. language, ‘‘Director, Office of Health AD to address the unsafe condition on (c) The cognizant Under Secretary and Safety’’ and adding in its place these products. ‘‘Associate Under Secretary for shall consider only that evidence and DATES: This AD is effective April 26, information in the administrative record Environment, Health, Safety and 2018. at the time of the Administrative Judge’s Security’’. We must receive comments on this decision. The revision reads as follows: AD by June 11, 2018. § 712.25 Cooperation by the individual. § 712.35 Associate Under Secretary for ADDRESSES: You may send comments, (a) It is the responsibility of the HRP Environment, Health, Safety and Security. using the procedures found in 14 CFR 11.43 and 11.45, by any of the following candidate or HRP certified individual to * * * * * provide full, frank, and truthful answers methods: to relevant and material questions, and § 712.36 [Amended] • Federal eRulemaking Portal: Go to when requested, furnish, or authorize http://www.regulations.gov. Follow the others to furnish, information that DOE ■ 5. Section 712.36 is amended by: instructions for submitting comments. deems pertinent to reach a decision ■ a. Removing the language, ‘‘Director, • Fax: 202–493–2251. regarding HRP certification or Office of Health and Safety’’ in • Mail: U.S. Department of recertification. This obligation to paragraphs (d)(1) and (d)(3) and adding Transportation, Docket Operations, M– cooperate applies at any stage, including in its place ‘‘Associate Under Secretary 30, West Building Ground Floor, Room but not limited to initial certification, for Environment, Health, Safety and W12–140, 1200 New Jersey Avenue SE, recertification, temporary removal, Security’’. Washington, DC 20590. revocation, and/or hearing. The • Hand Delivery: Deliver to Mail ■ individual or candidate may elect not to b. Removing paragraph (i). address above between 9 a.m. and 5 cooperate; however, such refusal may [FR Doc. 2018–08697 Filed 4–25–18; 8:45 am] p.m., Monday through Friday, except prevent DOE from reaching an BILLING CODE 6450–01–P Federal holidays.

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Examining the AD Docket flight, the remaining engine may operate Interim Action at MCT for a prolonged period, during You may examine the AD docket on This AD is interim action. The which the IPC stage 2 blades would be the internet at http:// manufacturer is currently developing a exposed to the resonant frequency www.regulations.gov by searching for modification that will address the condition. Therefore, an ETOPS and locating Docket No. FAA–2018– unsafe condition identified in this AD. diversion will put the remaining engine 0304; or in person at Docket Operations Once this modification is developed, at an operating condition that would between 9 a.m. and 5 p.m., Monday approved, and available, we might significantly increase the likelihood of through Friday, except Federal holidays. consider additional rulemaking. The AD docket contains this final rule, failure of the remaining engine. In the regulatory evaluation, any addition, if the remaining engine FAA’s Justification and Determination comments received, and other already had cracked IPC stage 2 blades, of the Effective Date information. The street address for the likelihood of the remaining engine An unsafe condition exists that Docket Operations (phone: 800–647– failing before a diversion can be safely requires the immediate adoption of this 5527) is in the ADDRESSES section. completed will further increase. AD without providing an opportunity Comments will be available in the AD Related Rulemaking for public comments prior to adoption. docket shortly after receipt. The FAA has found that the risk to the FOR FURTHER INFORMATION CONTACT: Tak AD 2018–08–03, Amendment 39– flying public justifies waiving notice Kobayashi, Aerospace Engineer, 19256 (83 FR 16768, April 17, 2018) and comment prior to adoption of this Propulsion Section, FAA, Seattle ACO (‘‘AD 2018–08–03’’), also requires rule because unrecoverable thrust loss Branch, 2200 South 216th St., Des revising the AFM to limit ETOPS on on both engines could lead to a forced Moines, WA 98198; phone and fax: 206– Boeing Model 787–8 and 787–9 landing. Therefore, we find good cause 231–3553; email: Takahisa.Kobayashi@ airplanes powered by RR Trent 1000– that notice and opportunity for prior faa.gov. A2, Trent 1000–AE2, Trent 1000–C2, public comment are impracticable. In Trent 1000–CE2, Trent 1000–D2, Trent SUPPLEMENTARY INFORMATION: addition, for the reasons stated above, 1000–E2, Trent 1000–G2, Trent 1000– we find that good cause exists for Discussion H2, Trent 1000–J2, Trent 1000–K2, and making this amendment effective in less Over the past year, we have been Trent 1000–L2 turbofan engines. than 30 days. aware of several engine failures of Trent Actions Since AD 2018–08–03 Was Comments Invited 1000 Package C engines due to failed Issued compressor and turbine blades and This AD is a final rule that involves seals. Package C engines are RR Trent Based on further review of the AFM requirements affecting flight safety and 1000–A2, Trent 1000–AE2, Trent 1000– limitations, Boeing has updated the was not preceded by notice and an C2, Trent 1000–CE2, Trent 1000–D2, information reflected within the figures opportunity for public comment. Trent 1000–E2, Trent 1000–G2, Trent of AD 2018–08–03. The FAA has However, we invite you to send any 1000–H2, Trent 1000–J2, Trent 1000– determined it is necessary to update the written data, views, or arguments about K2, and Trent 1000–L2 turbofan AFM limitations accordingly to this final rule. Send your comments to engines. During that same period, under minimize the potential for IPC blade an address listed under the ADDRESSES the management programs for those failures under certain conditions. section. Include the docket number engine issues, we have been aware of The FAA has determined that FAA–2018–0304 and Product Identifier numerous reports of engine inspection operation under AD 2018–08–03 is 2018–NM–065–AD at the beginning of findings of cracked blades resulting in acceptable for safe operation until the your comments. We specifically invite unscheduled engine removals. Boeing new AD limitations are mandated. comments on the overall regulatory, reported to the FAA that the engine FAA’s Determination economic, environmental, and energy manufacturer recently determined that aspects of this final rule. We will IPC stage 2 blades have a resonant We are issuing this AD because we consider all comments received by the frequency that is excited by the airflow evaluated all the relevant information closing date and may amend this final conditions existing in the engine during and determined the unsafe condition rule because of those comments. operation at high thrust settings under described previously is likely to exist or We will post all comments we certain temperature and altitude develop in other products of the same receive, without change, to http:// conditions. The resultant blade type design. www.regulations.gov, including any vibration can result in cumulative AD Requirements personal information you provide. We fatigue damage that can cause blade will also post a report summarizing each failure and consequent engine in-flight This AD requires revising the AFM to substantive verbal contact we receive shutdown. In the event of a single limit ETOPS, using the updated about this final rule. engine in-flight shutdown during the information referenced in figure 1 to cruise phase of flight, thrust on the paragraph (g) of this AD and figure 2 to Costs of Compliance remaining engine is normally increased paragraph (h) of this AD. We estimate that this AD affects 14 to maximum continuous thrust (MCT). Accomplishment of the AFM revisions airplanes of U.S. registry. We estimate During a diversion following a single required by this AD terminates all the following costs to comply with this engine shutdown under an ETOPS requirements of AD 2018–08–03. AD:

ESTIMATED COSTS

Cost on U.S. Action Labor cost Parts cost Cost per registered product airplanes

AFM revisions ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $1,190

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Authority for This Rulemaking For the reasons discussed above, I (c) Applicability Title 49 of the United States Code certify that this AD: This AD applies to The Boeing Company specifies the FAA’s authority to issue (1) Is not a ‘‘significant regulatory Model 787–8 and 787–9 airplanes, rules on aviation safety. Subtitle I, action’’ under Executive Order 12866, certificated in any category, powered by section 106, describes the authority of (2) Is not a ‘‘significant rule’’ under Rolls-Royce plc (RR) Trent 1000–A2, Trent the FAA Administrator. ‘‘Subtitle VII: DOT Regulatory Policies and Procedures 1000–AE2, Trent 1000–C2, Trent 1000–CE2, Aviation Programs’’ describes in more (44 FR 11034, February 26, 1979), Trent 1000–D2, Trent 1000–E2, Trent 1000– detail the scope of the Agency’s (3) Will not affect intrastate aviation G2, Trent 1000–H2, Trent 1000–J2, Trent authority. in Alaska, and 1000–K2, and Trent 1000–L2 turbofan We are issuing this rulemaking under (4) Will not have a significant engines. economic impact, positive or negative, the authority described in Subtitle VII, (d) Subject Part A, Subpart III, Section 44701: on a substantial number of small entities ‘‘General requirements.’’ Under that under the criteria of the Regulatory Air Transport Association (ATA) of section, Congress charges the FAA with Flexibility Act. America Code 71, Power plant. promoting safe flight of civil aircraft in List of Subjects in 14 CFR Part 39 (e) Unsafe Condition air commerce by prescribing regulations Air transportation, Aircraft, Aviation This AD was prompted by a report from for practices, methods, and procedures the engine manufacturer indicating that after the Administrator finds necessary for safety, Incorporation by reference, Safety. an engine failure, prolonged operation at safety in air commerce. This regulation high thrust settings on the remaining engine is within the scope of that authority Adoption of the Amendment during an extended-operation (ETOPS) because it addresses an unsafe condition diversion may result in failure of the that is likely to exist or develop on Accordingly, under the authority delegated to me by the Administrator, remaining engine before the diversion can be products identified in this rulemaking safely completed. We are issuing this AD to action. the FAA amends 14 CFR part 39 as follows: address unrecoverable thrust loss on both This AD is issued in accordance with engines, which could lead to a forced authority delegated by the Executive PART 39—AIRWORTHINESS landing. Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. DIRECTIVES (f) Compliance In accordance with that order, issuance ■ 1. The authority citation for part 39 Comply with this AD within the of ADs is normally a function of the continues to read as follows: compliance times specified, unless already Compliance and Airworthiness done. Division, but during this transition Authority: 49 U.S.C. 106(g), 40113, 44701. period, the Executive Director has (g) Revision of Limitations Chapter in § 39.13 [Amended] Airplane Flight Manual (AFM) delegated the authority to issue ADs applicable to transport category ■ 2. The FAA amends § 39.13 by adding Within 4 days after the effective date of airplanes to the Director of the System the following new airworthiness this AD, revise the Certificate Limitations Oversight Division. directive (AD): chapter of the applicable Boeing AFM Engine Appendix by incorporating the information Regulatory Findings 2018–09–05 The Boeing Company: Amendment 39–19261; Docket No. in figure 1 to paragraph (g) of this AD. This This AD will not have federalism FAA–2018–0304; Product Identifier may be accomplished by inserting a copy of implications under Executive Order 2018–NM–065–AD. this AD into the AFM. When information identical to that in figure 1 to paragraph (g) 13132. This AD will not have a (a) Effective Date substantial direct effect on the States, on of this AD has been included in the the relationship between the national This AD is effective April 26, 2018. Certificate Limitations chapter of the general government and the States, or on the (b) Affected ADs revisions of the AFM, the general revisions may be inserted into the AFM, and the copy distribution of power and This AD affects AD 2018–08–03, of this AD may be removed from the AFM. responsibilities among the various Amendment 39–19256 (83 FR 16768, April levels of government. 17, 2018) (‘‘AD 2018–08–03’’). BILLING CODE 4910–13–P

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(h) Revision of Performance Chapter of AFM incorporating the information in figure 2 to chapter of the general revisions of the AFM, Concurrently with accomplishment of the paragraph (h) of this AD. This may be the general revisions may be inserted into the accomplished by inserting a copy of this AD AFM, and the copy of this AD may be requirements of paragraph (g) of this AD, into the AFM. When information identical to removed from the AFM. Guidance on flight revise the Performance chapter of the that in figure 2 to paragraph (h) of this AD path planning can be found in figure 3 to applicable Boeing AFM Engine Appendix by has been included in the Performance paragraph (h) of this AD.

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Figure 2 to paragraph (h) of this AD -AFM Performance

Engine Appendix - Performance (Required by AD 2018-09-05)

ETOPS

ETOPS operation of a Model 787-8 or 787-9 airplane equipped with a RR Trent 1000 engine using A2, C2, or E2 thrust rating is prohibited.

As outlined in the ETOPs Section of the Certificate Limitations chapter, the following table must be utilized when planning ETOPS flights.

(D631Z003-9R64EF) 787-9 Trent 1000-AE2

Maximum En route Diversion Temperature*

ISA+O Degrees C and Below ISA+ 10 Degrees C ISA+lSDegreesC ISA+20 Degrees C ISA+25 Degrees C Above ISA+25 Degrees C Minimum Engine-Out Cruise 19,000 19,000 18,800 18,500 18,300 Prohibited Altitude (ft)

Without Forecast Icing LB5 499,000 497,400 477,500 453,000 422,000 Maximum Planned Weight at Prohibited ETOP5 Entry Points and Equal Time Points KGS 226,360 225,650 216,620 205,480 191,410

With Forecast Icing Maximum LBS 425,900 417,000 396,300 367,300 338,200 Planned Weight at ETOPS Prohibited Entry Points and Equal Time Points KGS 193,210 189,170 179,800 166,610 153,420

*Interpolation between temperature columns is allowed.

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(D631Z003-9R7072F) and (D631Z003-9R7072E) 787-9 Trent 1000-D2

Maximum En route Diversion Temperature*

ISA+O Degrees C and Below ISA+ 10 Degrees C ISA+lSDegreesC ISA+20 Degrees C ISA+25 Degrees C Above ISA+25 Degrees C Minimum Engine-Out Cruise 19,100 19,100 18,900 18,700 18,500 Prohibited Altitude (ft)

Without Forecast Icing LB5 510,300 508,400 488,200 465,800 441,800 Maximum Planned Weight at Prohibited ETOPS Entry Points and Equal Time Points KGS 231,500 230,640 221,480 211,310 200,390

With Forecast Icing Maximum LBS 438,300 429,300 408,400 383,800 359,300 Planned Weight at ETOPS Prohibited Entry Points and Equal Time Points KGS 198,830 194,760 185,240 174,110 162,970

*Interpolation between temperature columns is allowed.

(D631Z003-9R74F) and (D631Z003-9R74E) 787-9 Trent 1000-J2

Maximum En route Diversion Temperature*

ISA+O Degrees C and Below ISA+lO Degrees C ISA+lS Degrees C ISA+20 Degrees C ISA+25 Degrees C Above ISA+25 Degrees C Minimum Engine-Out Cruise 19,300 19,300 19,100 18,800 18,500 Prohibited Altitude (ft)

Without Forecast Icing LBS 528,900 526,800 507,800 479,500 451,100 Maximum Planned Weight at Prohibited ETOPS Entry Points and Equal Time Points KGS 239,900 238,950 230,370 217,510 204,640

With Forecast Icing Maximum LBS 455,200 446,600 430,200 401,400 372,500 Planned Weight at ETOPS Prohibited Entry Points and Equal Time Points KGS 206,470 202,580 195,140 182,070 169,000

*Interpolation between temperature columns is allowed.

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(D631Z003-R7475F) and (D631Z003-R7475E) 787-9 Trent 1000-K2

Maximum En route Diversion Temperature*

ISA-10 Degrees C and Below ISA+lO Degrees C ISA+lS Degrees C ISA+20 Degrees C ISA+25 Degrees C Above ISA+25 Degrees C Minimum Engine-Out Cruise 19,300 19,300 19,100 18,800 18,500 Prohibited Altitude (ft)

Without Forecast Icing LB5 528,900 526,800 507,800 479,500 451,100 Maximum Planned Weight at Prohibited ETOPS Entry Points and Equal Time Points KGS 239,900 238,950 230,370 217,510 204,640

With Forecast Icing Maximum LBS 455,200 446,600 430,200 401,400 372,500 Planned Weight at ETOPS Prohibited Entry Points and Equal Time Points KGS 206,470 202,580 195,140 182,070 169,000

*Interpolation between temperature columns is allowed.

(D631Z003-R70EF) 787-8 Trent 1000-CE2

Maximum En route Diversion Temperature*

ISA-10 Degrees C and Below ISA+lO Degrees C ISA+lS Degrees C ISA+20 Degrees C ISA+25 Degrees C Above ISA+25 Degrees C

Minimum Engine-Out Cruise 19,300 19,300 19,100 18,900 18,600 Prohibited Altitude (ft)

Without Forecast Icing LBS 502,500 502,500 499,600 476,300 450,100 Maximum Planned Weight at Prohibited ETOPS Entry Points and Equal Time Points KGS 227,930 227,930 226,610 216,040 204,160

With Forecast Icing Maximum LBS 446,700 438,600 419,400 396,300 372,400 Planned Weight at ETOPS Prohibited Entry Points and Equal Time Points KGS 202,650 198,970 190,260 179,790 168,910

*Interpolation between temperature columns is allowed.

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(D631Z003-R7072F) and (D631Z003-R7072E) 787-8 Trent 1000-D2

Maximum En route Diversion Temperature*

I SA-tO Degrees C and Below ISA+lO Degrees c ISA+lS Degrees c ISA+20 Degrees c ISA+25 Degrees c Above ISA+25 Degrees C

Minimum Engine-Out Cruise 19,300 19,300 19,100 18,900 18,600 Prohibited Altitude (ft)

Without Forecast Icing LBS 502,500 502,500 499,600 476,300 450,100 Maximum Planned Weight at Prohibited ETOPS Entry Points and Equal Time Points KGS 227,930 227,930 226,610 216,040 204,160

With Forecast Icing Maximum LBS 446,700 438,600 419,400 396,300 372,400 Planned Weight at ETOPS Prohibited Entry Points and Equal Time Points KGS 202,650 198,970 190,260 179,790 168,910

*Interpolation between temperature columns is allowed.

(D631Z003-R70LF) 787-8 Trent 1000-L2

Maximum En route Diversion Temperature*

ISA-10 Degrees C and Below ISA+lO Degrees C ISA+lS Degrees C ISA+20 Degrees C ISA+25 Degrees C Above ISA+25 Degrees C

Minimum Engine-Out Cruise 19,300 19,300 19,100 18,900 18,600 Prohibited Altitude (ft)

Without Forecast Icing LBS 502,500 502,500 499,600 476,300 450,100 Maximum Planned Weight at Prohibited ETOPS Entry Points and Equal Time Points KGS 227,930 227,930 226,610 216,040 204,160

With Forecast Icing Maximum LBS 446,700 438,600 419,400 396,300 372,400 Planned Weight at ETOPS Prohibited Entry Points and Equal Time Points KGS 202,650 198,970 190,260 179,790 168,910

*Interpolation between temperature columns is allowed.

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(D631Z003-R67F) and (D631Z003-R67E) 787-8 Trent 1000-G2

Maximum En route Diversion Temperature*

I SA-tO Degrees C and Below ISA+lO Degrees c ISA+lS Degrees c ISA+20 Degrees c ISA+25 Degrees c Above ISA+25 Degrees C

Minimum Engine-Out Cruise 19,200 19,200 19,000 18,700 18,400 Prohibited Altitude (ft)

Without Forecast Icing LBS 502,500 502,500 488,900 461,500 430,400 Maximum Planned Weight at Prohibited ETOPS Entry Points and Equal Time Points KGS 227,930 227,930 221,780 209,340 195,220

With Forecast Icing Maximum LBS 436,300 426,700 405,700 383,400 355,300 Planned Weight at ETOPS Prohibited Entry Points and Equal Time Points KGS 197,910 193,550 184,020 173,910 161,160

*Interpolation between temperature columns is allowed.

(D631Z003-R64EF) and (D631Z003-R64EE) 787-8 Trent 1000-AE2

Maximum En route Diversion Temperature*

ISA-10 Degrees C and Below ISA+lO Degrees C ISA+lS Degrees C ISA+20 Degrees C ISA+25 Degrees C Above ISA+25 Degrees C

Minimum Engine-Out Cruise 19,200 19,200 19,000 18,700 18,400 Prohibited Altitude (ft)

Without Forecast Icing LBS 502,500 502,500 488,900 461,500 430,400 Maximum Planned Weight at Prohibited ETOPS Entry Points and Equal Time Points KGS 227,930 227,930 221,780 209,340 195,220

With Forecast Icing Maximum LBS 436,300 426,700 405,700 383,400 355,300 Planned Weight at ETOPS Prohibited Entry Points and Equal Time Points KGS 197,910 193,550 184,020 173,910 161,160

*Interpolation between temperature columns is allowed.

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(D631Z003-R58F) 787-8 Trent 1000-H2

Maximum En route Diversion Temperature*

ISA+O Degrees C and Below ISA+ 10 Degrees C ISA+lSDegreesC ISA+20 Degrees C ISA+25 Degrees C Above ISA+25 Degrees C

Minimum Engine-Out Cruise 18,900 18,800 18,600 18,200 17,900 Prohibited Altitude (ft)

Without Forecast Icing LBS 474,000 471,600 447,400 416,700 386,000 Maximum Planned Weight at Prohibited ETOPS Entry Points and Equal Time Points KGS 215,000 213,940 202,970 189,040 175,100

With Forecast Icing Maximum LBS 404,400 394,900 371,700 346,700 321,700 Planned Weight at ETOPS Prohibited Entry Points and Equal Time Points KGS 183,470 179,120 168,630 157,270 145,910

*Interpolation between temperature columns is allowed.

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Figure 3 to paragraph (h) of this AD- Guidance on flight path planning

Guidance on flight path planning 1. Utilize the one-engine inoperative LRC speed for the ETOPS engine-out planning speed and establish that the planned maximum diversion time is not greater than 140 minutes. Critical fuel decompression scenarios should utilize the M0.55 speeds for both all engine and engine inoperative scenarios. 2. Determine if forecast icing is expected along the planned flight plan path and in the planned diversionary track(s) between the ETOPS Entry Point(s) (EEP) and the first ETOPS Equal-Time Point (ETPl). Accomplish the same determination for the subsequent ETOPS segment (i.e., between ETPl and ETP2 or the (ETOPS Exit Point) EXP). 3. Verify the planned maximum weight at the EEP is derived based upon the maximum forecast temperature at FL200 between the EEP and ETP1 and the planned weight at the EEP is no greater than the maximum planned weight corresponding to either the without-forecast icing or with-forecast icing (if icing is probable between the EEP and ETPl along the flight plan track or along the planned diversionary track at FL200) table values at the appropriate maximum diversion temperature. If the EEP gross weight is less than the table limits, continue with the flight planning. If the EEP maximum planned weight is greater than the appropriate value provided in the table, a takeoff weight reduction will be required to establish that the maximum planned weight at the EEP is equal to or less than the table values. 4. Verify the planned maximum weight at ETP1 is derived based upon the maximum forecast temperature at FL200 between the ETP 1 and ETP2 (or the EXP) and the planned weight at the ETP 1 is no greater than the maximum planned weight corresponding to either, the without-forecast icing or with-forecast icing (if icing is probable between the ETPl and ETP2 along the flight plan track or along the planned diversionary track at FL200) table values at the appropriate maximum diversion temperature. If the ETP1 planned maximum weight is less than the table limits, continue with the flight planning. If the ETP 1 maximum planned weight is greater than the appropriate value provided in the table, a takeoff weight reduction will be required to establish that the maximum planned weight at the ETPs is equal to or less than the table values. 5. Verify the planned maximum weights at each subsequent ETP are no greater than the appropriate weight provided in the table accounting for the effects of forecast icing, if probable, and the appropriate forecast temperature. 6. Upon verification of the planned maximum weight limits at the EEP and each of the ETPs required to complete the mission, validate the engine inoperative maximum diversion time is no greater than 140 minutes.

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(i) Terminating Action for AD 2018–08–03 WA 98198; phone and fax: 206–231–3553; correction provides the appropriate link Accomplishment of the actions required by email: [email protected]. to the petition briefing package and the paragraphs (g) and (h) of this AD terminates (l) Material Incorporated by Reference format of a warning label. all requirements of AD 2018–08–03. None. DATES: This correction is effective April 26, 2018. As established in the (j) Alternative Methods of Compliance Issued in Des Moines, Washington, on (AMOCs) April 24, 2018. supplemental guidance, the guidance document became applicable on the (1) The Manager, Seattle ACO Branch, Jeffrey E. Duven, FAA, has the authority to approve AMOCs date of its publication in the Federal Director, System Oversight Division, Aircraft Register, March 21, 2018. for this AD, if requested using the procedures Certification Service. found in 14 CFR 39.19. In accordance with FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–08951 Filed 4–25–18; 8:45 am] 14 CFR 39.19, send your request to your Carol Afflerbach, Office of Compliance BILLING CODE 4910–13–C principal inspector or local Flight Standards and Field Operations, U.S. Consumer District Office, as appropriate. If sending Product Safety Commission, 4330 East- information directly to the manager of the West Highway, Bethesda, MD 20814; certification office, send it to the attention of CONSUMER PRODUCT SAFETY email: [email protected]; telephone: the person identified in paragraph (k) of this COMMISSION AD. Information may be emailed to: 9-ANM- (301) 504–7529. [email protected]. 16 CFR Chapter II SUPPLEMENTARY INFORMATION: In FR Doc. (2) Before using any approved AMOC, 2018–05580, appearing on page 12254 notify your appropriate principal inspector, [Docket No. CPSC–2016–2019] in the Federal Register of March 21, or lacking a principal inspector, the manager 2018, the following corrections are Labeling of Certain Household of the local flight standards district office/ made: Products Containing Methylene certificate holding district office. 1. On page 12255, in the middle (3) An AMOC that provides an acceptable Chloride; Supplemental Guidance; column, correct the link at the end of level of safety may be used for any repair, Correction modification, or alteration required by this the first paragraph to read as follows: AD if it is approved by the Boeing AGENCY: Consumer Product Safety ‘‘(https://www.cpsc.gov/s3fs-public/ Commercial Airplanes Organization Commission. Petition%20HP%2016-1%20to Designation Authorization (ODA) that has ACTION: Guidance; correction. %20Amend%20Statement%20of%20 been authorized by the Manager, Seattle ACO Interpretation%20and%20 Branch, to make those findings. To be SUMMARY: The Consumer Product Safety Enforcement%20Policy%20 approved, the repair method, modification Commission is correcting supplemental Household%20Products%20 deviation, or alteration deviation must meet guidance on the Labeling of Certain Containing%20Methylene% the certification basis of the airplane, and the Household Products Containing 20Chloride%20-%20May%2026%20 approval must specifically refer to this AD. Methylene Chloride, which appeared in 2017.pdf?5OEQaiEtuOaf0ytaU.z3.n4 (k) Related Information the Federal Register of March 21, 2018. Lz5t0ku_J).’’ For more information about this AD, The document provides guidance 2. On page 12257, in the third contact Tak Kobayashi, Aerospace Engineer, regarding labeling to warn of acute column, correct the format of the Propulsion Section, FAA, Seattle ACO hazards associated with paint strippers ‘‘Updated Example of Cautionary Branch, 2200 South 216th St., Des Moines, containing methylene chloride. This Labeling’’ to read as follows:

Alberta E. Mills, DEPARTMENT OF DEFENSE FOIA program rule as a result of the Secretary, Consumer Product Safety FOIA Improvement Act of 2016. When Commission. Office of the Secretary the DoD FOIA program rule was revised, [FR Doc. 2018–08742 Filed 4–25–18; 8:45 am] it included DoD component information 32 CFR Part 292 BILLING CODE 6355–01–P and removed the requirement for [Docket ID: DOD–2017–OS–0022] component supplementary rules. The DoD now has one DoD-level rule for the RIN 0790–AJ63 FOIA program at 32 CFR part 286 that contains all the codified information Defense Intelligence Agency (DIA) required for the Department. Therefore, Freedom of Information Act this part can be removed from the CFR. AGENCY: Defense Intelligence Agency, DATES: This rule is effective on April 26, DoD. 2018. ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: SUMMARY: This final rule removes DoD’s Alesia Williams at 301–394–5188. regulation concerning the Defense SUPPLEMENTARY INFORMATION: It has been Intelligence Agency (DIA) Freedom of determined that publication of this CFR Information Act program. On February part removal for public comment is 6, 2018, the DoD published a revised impracticable, unnecessary, and

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contrary to public interest since it is and removed the requirement for DEPARTMENT OF DEFENSE based on removing DoD internal component supplementary rules. The policies and procedures that are DoD now has one DoD-level rule for the Office of the Secretary publically available on the Department’s FOIA program at 32 CFR part 286 that website. contains all the codified information 32 CFR Part 296 DIA internal guidance concerning the required for the Department. Therefore, [Docket ID: DOD–2017–OS–0025] implementation of the FOIA within DIA this part can be removed from the CFR. will continue to be published in DIA RIN 0790–AJ66 Instruction 5400.002 (available at http:// DATES: This rule is effective on April 26, www.dia.mil/FOIA/FOIA-Electronic- 2018. National Reconnaissance Office Reading-Room/FileId/39650/). FOR FURTHER INFORMATION CONTACT: Freedom of Information Act Program This rule is one of 14 separate DoD Robert Milford at 571–557–7729. Regulation FOIA rules. With the finalization of the DoD-level FOIA rule at 32 CFR part 286, SUPPLEMENTARY INFORMATION: It has been AGENCY: National Reconnaissance the Department is eliminating the need determined that publication of this CFR Office, DoD. for this separate FOIA rule and reducing part removal for public comment is ACTION: Final rule. costs to the public as explained in the impracticable, unnecessary, and SUMMARY: preamble of the DoD-level FOIA rule contrary to public interest since it is This final rule removes DoD’s regulation concerning the National published at 83 FR 5196–5197. based on removing DoD internal Reconnaissance Office (NRO) Freedom This rule is not significant under policies and procedures that are Executive Order (E.O.) 12866, of Information Act Program Regulation. publically available on the Department’s On February 6, 2018, the DoD published ‘‘Regulatory Planning and Review,’’ website. therefore, E.O. 13771, ‘‘Reducing a revised FOIA program rule as a result NGA internal guidance concerning Regulation and Controlling Regulatory of the FOIA Improvement Act of 2016. Costs’’ does not apply. the implementation of the FOIA within When the DoD FOIA program rule was NGA will continue to be published in revised, it included DoD component List of Subjects in 32 CFR Part 292 National Geospatial-Intelligence Agency information and removed the Freedom of information. Instruction Number 5750.1 (available at requirement for component https://www.nga.mil/About/Documents/ supplementary rules. The DoD now has PART 292—[REMOVED] NGAI_5750_1.pdf). one DoD-level rule for the FOIA program at 32 CFR part 286 that This rule is one of 14 separate DoD ■ Accordingly, by the authority of 5 contains all the codified information FOIA rules. With the finalization of the U.S.C. 301, 32 CFR part 292 is removed. required for the Department. Therefore, DoD-level FOIA rule at 32 CFR part 286, this part can be removed from the CFR. Dated: April 23, 2018. the Department is eliminating the need DATES: Aaron T. Siegel, for this separate FOIA rule and reducing This rule is effective on April 26, 2018. Alternate OSD Federal Register Liaison costs to the public as explained in the Officer, Department of Defense. preamble of the DoD-level FOIA rule FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–08823 Filed 4–25–18; 8:45 am] published at 83 FR 5196–5197. Patty Cameresi at 703–227–9128. BILLING CODE 5001–06–P SUPPLEMENTARY INFORMATION: It has been This rule is not significant under determined that publication of this CFR Executive Order (E.O.) 12866, part removal for public comment is DEPARTMENT OF DEFENSE ‘‘Regulatory Planning and Review,’’ impracticable, unnecessary, and therefore, E.O. 13771, ‘‘Reducing contrary to public interest since it is Office of the Secretary Regulation and Controlling Regulatory based on removing DoD internal Costs’’ does not apply. policies and procedures that are 32 CFR Part 293 List of Subjects in 32 CFR Part 293 publically available on the Department’s [Docket ID: DOD–2017–OS–0023] website. Freedom of information. NRO internal guidance concerning the RIN 0790–AJ64 implementation of the FOIA within PART 293—[REMOVED] National Imagery Mapping Agency NRO will continue to be published in National Reconnaissance Office (NIMA) Freedom of Information Act ■ Program Accordingly, by the authority of 5 Freedom of Information Handbook U.S.C. 301, 32 CFR part 293 is removed. (available at http://nro.gov/foia/docs/ AGENCY: National Imagery Mapping Dated: April 23, 2018. 2016%20FOIA%20Handbook.PDF). Agency, DoD. This rule is one of 14 separate DoD Aaron T. Siegel, ACTION: Final rule. FOIA rules. With the finalization of the Alternate OSD Federal Register Liaison DoD-level FOIA rule at 32 CFR part 286, SUMMARY: This final rule removes DoD’s Officer, Department of Defense. the Department is eliminating the need regulation concerning the National [FR Doc. 2018–08824 Filed 4–25–18; 8:45 am] for this separate FOIA rule and reducing Geospatial-Intelligence Agency (NGA), BILLING CODE 5001–06–P costs to the public as explained in the formerly the National Imagery Mapping preamble of the DoD-level FOIA rule Agency (NIMA), Freedom of published at 83 FR 5196–5197. Information Act program. On February This rule is not significant under 6, 2018, the DoD published a revised Executive Order (E.O.) 12866, FOIA program rule as a result of the ‘‘Regulatory Planning and Review,’’ FOIA Improvement Act of 2016. When therefore, E.O. 13771, ‘‘Reducing the DoD FOIA program rule was revised, Regulation and Controlling Regulatory it included DoD component information Costs’’ does not apply.

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List of Subjects in 32 CFR Part 296 DoD-level FOIA rule at 32 CFR part 286, impracticable, unnecessary, and Freedom of information. the Department is eliminating the need contrary to public interest since it is for this separate FOIA rule and reducing based on removing DoD internal PART 296—[REMOVED] costs to the public as explained in the policies and procedures that are preamble of the DoD-level FOIA rule publically available on the Department’s ■ Accordingly, by the authority of 5 published at 83 FR 5196–5197. website. U.S.C. 301, 32 CFR part 296 is removed. This rule is not significant under NSA/CSS internal guidance Dated: April 23, 2018. Executive Order (E.O.) 12866, concerning the implementation of the Aaron T. Siegel, ‘‘Regulatory Planning and Review,’’ FOIA within NSA/CSS will continue to Alternate OSD Federal Register Liaison therefore, E.O. 13771, ‘‘Reducing be published in NSA/CSS Policy 1–5 Officer, Department of Defense. Regulation and Controlling Regulatory (available at https://www.nsa.gov/ [FR Doc. 2018–08825 Filed 4–25–18; 8:45 am] Costs’’ does not apply. resources/everyone/foia/assets/files/ policy1-5.pdf). BILLING CODE 5001–06–P List of Subjects in 32 CFR Part 298 This rule is one of 14 separate DoD Freedom of information. FOIA rules. With the finalization of the DEPARTMENT OF DEFENSE DoD-level FOIA rule at 32 CFR part 286, PART 298—[REMOVED] the Department is eliminating the need Office of the Secretary ■ Accordingly, by the authority of 5 for this separate FOIA rule and reducing U.S.C. 301, 32 CFR part 298 is removed. costs to the public as explained in the 32 CFR Part 298 preamble of the DoD-level FOIA rule Dated: April 23, 2018. published at 83 FR 5196–5197. [Docket ID: DOD–2017–OS–0026] Aaron T. Siegel, This rule is not significant under RIN 0790–AJ67 Alternate OSD Federal Register Liaison Executive Order (E.O.) 12866, Officer, Department of Defense. ‘‘Regulatory Planning and Review,’’ Defense Investigative Service (DIS) [FR Doc. 2018–08826 Filed 4–25–18; 8:45 am] therefore, E.O. 13771, ‘‘Reducing Freedom of Information Act Program BILLING CODE 5001–06–P Regulation and Controlling Regulatory AGENCY: Defense Investigative Service, Costs’’ does not apply. DoD. DEPARTMENT OF DEFENSE List of Subjects in 32 CFR Part 299 ACTION: Final rule. Freedom of information. Office of the Secretary SUMMARY: This final rule removes DoD’s regulation concerning the Defense PART 299—[REMOVED] Security Service (DSS), formerly the 32 CFR Part 299 ■ Accordingly, by the authority of 5 Defense Investigative Service (DIS), [Docket ID: DOD–2017–OS–0027] U.S.C. 301, 32 CFR part 299 is removed. Freedom of Information Act program. RIN 0790–AJ68 On February 6, 2018, the DoD published Dated: April 23, 2018. a revised FOIA program rule as a result National Security Agency/Central Aaron T. Siegel, of the FOIA Improvement Act of 2016. Security Service (NSA/CSS) Freedom Alternate OSD Federal Register Liaison When the DoD FOIA program rule was of Information Act Program Officer, Department of Defense. revised, it included DoD component [FR Doc. 2018–08827 Filed 4–25–18; 8:45 am] information and removed the AGENCY: National Security Agency/ BILLING CODE 5001–06–P requirement for component Central Security Service, DoD. supplementary rules. The DoD now has ACTION: Final rule. one DoD-level rule for the FOIA DEPARTMENT OF HOMELAND SUMMARY: program at 32 CFR part 286 that This final rule removes DoD’s SECURITY contains all the codified information regulation concerning the National required for the Department. Therefore, Security Agency/Central Security Coast Guard this part can be removed from the CFR. Service (NSA/CSS) Freedom of Information Act program. On February DATES: This rule is effective on April 26, 33 CFR Part 100 2018. 6, 2018, the DoD published a revised FOIA program rule as a result of the [Docket Number USCG–2018–0312] FOR FURTHER INFORMATION CONTACT: FOIA Improvement Act of 2016. When Stephanie Courtney at 571–305–6740. RIN 1625–AA08 the DoD FOIA program rule was revised, SUPPLEMENTARY INFORMATION: It has been it included DoD component information Special Local Regulation; Red River, determined that publication of this CFR and removed the requirement for Alexandria, LA part removal for public comment is component supplementary rules. The AGENCY: impracticable, unnecessary, and DoD now has one DoD-level rule for the Coast Guard, DHS. contrary to public interest since it is FOIA program at 32 CFR part 286 that ACTION: Temporary final rule. based on removing DoD internal contains all the codified information SUMMARY: The Coast Guard is policies and procedures that are required for the Department. Therefore, establishing a temporary special local publically available on the Department’s this part can be removed from the CFR. website. regulation for all navigable waters of the DATES: DSS internal guidance concerning the This rule is effective on April 26, Red River from mile marker (MM) 88.0 implementation of the FOIA within DSS 2018. to MM 88.4, in Alexandria, LA. This will be published in new guidance in FOR FURTHER INFORMATION CONTACT: John action is necessary to protect spectators the near future (will be available at Chapman at 301–688–6527. and vessels during the Louisiana Dragon http://www.dss.mil/foia/index.html). SUPPLEMENTARY INFORMATION: It has been Boat Races regatta. Entry of vessels or This rule is one of 14 separate DoD determined that publication of this CFR persons into this regulated area is FOIA rules. With the finalization of the part removal for public comment is prohibited unless authorized by the

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Captain of the Port Sector Lower contrary to public interest because This regulatory action determination Mississippi River (COTP) or a immediate action is necessary to protect is based on the size, location, duration, designated representative. persons and property from the dangers and time-of-day of the special local DATES: This rule is effective from 6 a.m. associated with commercial traffic regulation. This special local regulation through 4 p.m. on May 5, 2018. interacting with this rowing event. will restrict vessel traffic on a less than half-mile stretch of the Red River during ADDRESSES: To view documents III. Legal Authority and Need for a Rule mentioned in this preamble as being daylight hours on only one day. available in the docket, go to http:// The Coast Guard is issuing this rule Moreover, the Coast Guard will issue www.regulations.gov, type USCG–2018– under authority in 33 U.S.C. 1233. The Broadcast Notice to Mariners (BNMs) 0312 in the ‘‘SEARCH’’ box and click Captain of the Port Sector Lower via VHF–FM marine channel 16 about ‘‘SEARCH.’’ Click on Open Docket Mississippi River (COTP) has the regulated area, and the rule allows Folder on the line associated with this determined that potential hazards vessels to seek permission to enter the rule. associated with the Louisiana Dragon zone. Boat Races from 6 a.m. to 4 p.m. on May FOR FURTHER INFORMATION CONTACT: If B. Impact on Small Entities you have questions about this rule, call 5, 2018 will be a safety concern for all or email Petty Officer Todd Manow, navigable waters of the Red River from The Regulatory Flexibility Act of Sector Lower Mississippi River mile marker (MM) 88.0 to MM 88.4. 1980, 5 U.S.C. 601–612, as amended, Prevention Department, U.S. Coast This rule is needed to ensure the safety requires Federal agencies to consider Guard; telephone 901–521–4813, email of life and vessels on these navigable the potential impact of regulations on [email protected]. waters before, during, and after the small entities during rulemaking. The scheduled event. SUPPLEMENTARY INFORMATION: term ‘‘small entities’’ comprises small IV. Discussion of the Rule businesses, not-for-profit organizations I. Table of Abbreviations that are independently owned and CFR Code of Federal Regulations This rule establishes a special local operated and are not dominant in their COTP Captain of the Port Sector Lower regulation from 6 a.m. through 4 p.m. on fields, and governmental jurisdictions Mississippi River May 5, 2017 for all navigable waters of with populations of less than 50,000. DHS Department of Homeland Security the Red River from MM 88.0 to MM 88.4 The Coast Guard certifies under 5 U.S.C. FR Federal Register in the vicinity of Alexandria, LA. The 605(b) that this rule will not have a MM Mile marker duration of the regulated area is significant economic impact on a NPRM Notice of proposed rulemaking intended to ensure the safety of life and § Section substantial number of small entities. vessels on these navigable waters before, U.S.C. United States Code While some owners or operators of during, and after the scheduled event. vessels intending to transit the regulated II. Background Information and No vessel or person may enter the area may be small entities, for the Regulatory History regulated area unless authorized by the reasons stated in section V.A. above, COTP or a designated representative. A The Coast Guard is issuing this this rule will not have a significant designated representative is a temporary final rule without prior economic impact on any vessel owner commissioned, warrant, or petty officer notice and opportunity to comment or operator. pursuant to authority under section 4(a) of the U.S. Coast Guard assigned to of the Administrative Procedure Act units under the operational control of Under section 213(a) of the Small (APA) (5 U.S.C. 553(b)). This provision USCG Sector Lower Mississippi River. Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), authorizes an agency to issue a rule V. Regulatory Analyses without prior notice and opportunity to we want to assist small entities in comment when the agency, for good We developed this rule after understanding this rule. If the rule cause, finds that those procedures are considering numerous statutes and would affect your small business, ‘‘impracticable, unnecessary, or contrary Executive orders related to rulemaking. organization, or governmental to the public interest.’’ Under 5 U.S.C. Below we summarize our analyses jurisdiction and you have questions 553(b)(B), the Coast Guard finds that based on a number of these statutes and concerning its provisions or options for good cause exists for not publishing a Executive orders and we discuss First compliance, please contact the person notice of proposed rulemaking (NPRM) Amendment rights of protestors. listed in the FOR FURTHER INFORMATION CONTACT section. with respect to this rule because it is A. Regulatory Planning and Review impracticable. The Coast Guard did not Small businesses may send comments receive the event details in sufficient Executive Orders 12866 and 13563 on the actions of Federal employees time to publish an NPRM. We must direct agencies to assess the costs and who enforce, or otherwise determine establish this special local regulation on benefits of available regulatory compliance with, Federal regulations to May 5, 2018 and lack sufficient time to alternatives and, if regulation is the Small Business and Agriculture provide a reasonable comment period necessary, to select regulatory Regulatory Enforcement Ombudsman and then consider those comments approaches that maximize net benefits. and the Regional Small Business before issuing this rule. The NPRM Executive Order 13771 directs agencies Regulatory Fairness Boards. The process would delay the establishment to control regulatory costs through a Ombudsman evaluates these actions of the regulated area until after the date budgeting process. This rule has not annually and rates each agency’s of the regatta and compromise public been designated a ‘‘significant responsiveness to small business. If you safety. regulatory action,’’ under Executive wish to comment on actions by Under 5 U.S.C. 553(d)(3), the Coast Order 12866. Accordingly, this rule has employees of the Coast Guard, call 1– Guard finds that good cause exists for not been reviewed by the Office of 888–REG–FAIR (1–888–734–3247). The making this rule effective less than 30 Management and Budget (OMB), and Coast Guard will not retaliate against days after publication in the Federal pursuant to OMB guidance it is exempt small entities that question or complain Register. Delaying the effective date of from the requirements of Executive about this rule or any policy or action this rule would be impracticable and Order 13771. of the Coast Guard.

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C. Collection of Information spanning 0.4 miles of the Red River in Dated: April 20, 2018. This rule will not call for a new the vicinity of Alexandria, LA. It is R. Tamez, collection of information under the categorically excluded from further Captain, U.S. Coast Guard, Captain of the Paperwork Reduction Act of 1995 (44 review under paragraphs L61 of Port Sector Lower Mississippi River. U.S.C. 3501–3520). Appendix A, Table 1 of DHS Instruction [FR Doc. 2018–08792 Filed 4–25–18; 8:45 am] Manual 023–01–001–01, Rev. 01. A BILLING CODE 9110–04–P D. Federalism and Indian Tribal Record of Environmental Consideration Governments is available in the docket where A rule has implications for federalism indicated under ADDRESSES. DEPARTMENT OF HOMELAND SECURITY under Executive Order 13132, G. Protest Activities Federalism, if it has a substantial direct effect on the States, on the relationship The Coast Guard respects the First Coast Guard between the national government and Amendment rights of protesters. the States, or on the distribution of Protesters are asked to contact the 33 CFR Part 100 power and responsibilities among the person listed in the FOR FURTHER various levels of government. We have INFORMATION CONTACT section to [Docket Number USCG–2018–0143] analyzed this rule under that Order and coordinate protest activities so that your have determined that it is consistent message can be received without RIN 1625–AA08 with the fundamental federalism jeopardizing the safety or security of principles and preemption requirements people, places, or vessels. Special Local Regulation; Clinch River, Oak Ridge, TN described in Executive Order 13132. List of Subjects in 33 CFR Part 100 Also, this rule does not have tribal AGENCY: Coast Guard, DHS. implications under Executive Order Marine safety, Navigation (water), 13175, Consultation and Coordination Reporting and recordkeeping ACTION: Temporary final rule. with Indian Tribal Governments, requirements, Waterways. SUMMARY: The Coast Guard is because it does not have a substantial For the reasons discussed in the establishing a temporary special local direct effect on one or more Indian preamble, the Coast Guard amends 33 regulation for all navigable waters of the tribes, on the relationship between the CFR part 100 as follows: Clinch River, extending the entire width Federal Government and Indian tribes, of the river, from mile marker (MM) 49.5 or on the distribution of power and PART 100—SAFETY OF LIFE ON to MM 52.0. This special local responsibilities between the Federal NAVIGABLE WATERS regulation is necessary to provide for Government and Indian tribes. If you ■ 1. The authority citation for part 100 the safety of life on these navigable believe this rule has implications for continues to read as follows: waters near Oak Ridge, TN during the federalism or Indian tribes, please Dogwood Junior Championship Regatta contact the person listed in the FOR Authority: 33 U.S.C. 1233 marine event. Entry of vessels or FURTHER INFORMATION CONTACT section ■ 2. Add § 100.35T08–0312 to read as above. persons into this regulated area is follows: prohibited unless authorized by the E. Unfunded Mandates Reform Act § 100.35T08–0312 Special Local Captain of the Port Sector Ohio Valley The Unfunded Mandates Reform Act Regulation; Red River, Alexandria, LA. (COTP) or a designated representative. of 1995 (2 U.S.C. 1531–1538) requires (a) Location. The following area is a DATES: This rule is effective from 5 a.m. Federal agencies to assess the effects of special local regulation: All navigable on April 27, 2018 through 6 p.m. on their discretionary regulatory actions. In waters of the Red River from mile April 29, 2018. particular, the Act addresses actions marker (MM) 88.0 To MM 88.4, ADDRESSES: To view documents that may result in the expenditure by a Alexandria, LA. mentioned in this preamble as being State, local, or tribal government, in the (b) Regulations. (1) In accordance available in the docket, go to http:// aggregate, or by the private sector of with the general regulations in § 100.801 www.regulations.gov, type USCG–2018– $100,000,000 (adjusted for inflation) or of this part, no vessel or person shall 0143 in the ‘‘SEARCH’’ box and click more in any one year. Though this rule enter the regulated area unless ‘‘SEARCH.’’ Click on Open Docket will not result in such expenditure, we authorized by the Captain of the Port Folder on the line associated with this do discuss the effects of this rule Sector Lower Mississippi River (COTP) rule. elsewhere in this preamble. or a designated representative. FOR FURTHER INFORMATION CONTACT: If (2) Persons and vessels permitted to F. Environment you have questions on this rule, call or enter this regulated area must transit email Petty Officer Vera Max, Marine We have analyzed this rule under outside of the race area at their slowest Safety Detachment Nashville, U.S. Coast Department of Homeland Security safe speed to minimize wake and Guard; telephone 615–736–5421, email Management Directive 023–01 and comply with all lawful directions issued [email protected]. Commandant Instruction M16475.lD, by the COTP or the designated which guide the Coast Guard in representative. SUPPLEMENTARY INFORMATION: complying with the National (c) Effective period. This section is I. Table of Abbreviations Environmental Policy Act of 1969 (42 effective from 6 a.m. through 4 p.m. on U.S.C. 4321–4370f), and have May 5, 2018. CFR Code of Federal Regulations determined that this action is one of a (c) Informational broadcasts. The COTP Captain of the Port Sector Ohio category of actions that do not COTP or a designated representative Valley DHS Department of Homeland Security individually or cumulatively have a will inform the public through FR Federal Register significant effect on the human Broadcast Notices to Mariners (BNMs) MM Mile marker environment. This rule involves the of the enforcement period for the NPRM Notice of proposed rulemaking establishment of a special local regulated area as well as any changes in § Section regulation lasting ten hours for an event the dates and times of enforcement. U.S.C. United States Code

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II. Background Information and regulated area without obtaining operated and are not dominant in their Regulatory History permission from the COTP or a fields, and governmental jurisdictions The Coast Guard is issuing this designated representative. A designated with populations of less than 50,000. temporary rule without prior notice and representative is a commissioned, The Coast Guard certifies under 5 U.S.C. opportunity to comment pursuant to warrant, or petty officer of the U.S. 605(b) that this rule will not have a Coast Guard assigned to units under the significant economic impact on a authority under section 4(a) of the operational control of Sector Ohio substantial number of small entities. Administrative Procedure Act (APA) (5 Valley. They may be contacted on VHF– While some owners or operators of U.S.C. 553(b)). This provision FM Channel 16 or by telephone at 1– vessels intending to transit the special authorizes an agency to issue a rule 800–253–7465. Persons and vessels local regulation, may be small entities, without prior notice and opportunity to permitted to enter this regulated area for the reasons stated in section V.A. comment when the agency for good must transit at their slowest safe speed above, this rule will not have a cause finds that those procedures are and comply with all lawful directions significant economic impact on any ‘‘impracticable, unnecessary, or contrary issued by the COTP or the designated vessel owner or operator. to the public interest.’’ Under 5 U.S.C. representative. Under section 213(a) of the Small 553(b)(3)(B), the Coast Guard finds that Business Regulatory Enforcement good cause exists for not publishing a V. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), notice of proposed rulemaking (NPRM) We developed this rule after we want to assist small entities in with respect to this rule because it is considering numerous statutes and understanding this rule. If the rule impracticable. We must establish this Executive Orders related to rulemaking. would affect your small business, regulation by April 27, 2018 and lack Below we summarize our analyses organization, or governmental sufficient time to provide a reasonable based on a number of these statutes and jurisdiction and you have questions comment period and then consider Executive Orders, and we discuss First concerning its provisions or options for those comments before issuing this rule. Amendment rights of protestors. compliance, please contact the person Under 5 U.S.C. 553(d)(3), the Coast A. Regulatory Planning and Review listed in the FOR FURTHER INFORMATION Guard finds that good cause exists for CONTACT section. making this rule effective less than 30 Executive Orders 12866 and 13563 Small businesses may send comments days after publication in the Federal direct agencies to assess the costs and on the actions of Federal employees Register. Delaying the effective date of benefits of available regulatory who enforce, or otherwise determine this rule would be impracticable and alternatives and, if regulation is compliance with, Federal regulations to contrary to the public interest because necessary, to select regulatory the Small Business and Agriculture immediate action is necessary to protect approaches that maximize net benefits. Regulatory Enforcement Ombudsman persons and property from the dangers Executive Order 13771 directs agencies and the Regional Small Business associated with the marine event. to control regulatory costs through a Regulatory Fairness Boards. The III. Legal Authority and Need for Rule budgeting process. This rule has not Ombudsman evaluates these actions been designated a ‘‘significant annually and rates each agency’s The Coast Guard is issuing this rule regulatory action,’’ under Executive responsiveness to small business. If you under authority in 33 U.S.C. 1233. The Order 12866. Accordingly, this rule has wish to comment on actions by Captain of the Port Sector Ohio Valley not been reviewed by the Office of employees of the Coast Guard, call 1– (COTP) has determined that potential Management and Budget (OMB), and 888–REG–FAIR (1–888–734–3247). The hazards associated with the Oak Ridge pursuant to OMB guidance it is exempt Coast Guard will not retaliate against Rowing Association Dogwood Junior from the requirements of Executive small entities that question or complain Championship Regatta marine event, Order 13771. about this rule or any policy or action occurring from 5 a.m. through 6 p.m. This regulatory action determination of the Coast Guard. each day from April 27, 2018 through is based on the size, location, duration, April 29, 2018, will be a safety concern and time-of-day of the special local C. Collection of Information for all navigable waters on the Clinch regulation. This temporary special local This rule will not call for a new River, extending the entire width of the regulation will cover a two and a half collection of information under the river, from mile marker (MM) 49.5 to mile stretch of the Clinch River during Paperwork Reduction Act of 1995 (44 MM 52.0. The purpose of this rule is to daytime hours only for two days. The U.S.C. 3501–3520). ensure the safety of life and vessels on Coast Guard will issue written Local these navigable waters before, during, Notice to Mariners (LNMs) and D. Federalism and Indian Tribal and after the scheduled event. Broadcast Notice to Mariners (BNMs) Governments A rule has implications for federalism IV. Discussion of the Rule via VHF–FM marine channel 16 about the temporary special local regulation, under Executive Order 13132, This rule establishes a temporary and this rule also allows vessels to seek Federalism, if it has a substantial direct special local regulation from 5 a.m. on permission from the COTP or a effect on the States, on the relationship April 27, 2018 through 6 p.m. on April designated representative to enter the between the national government and 29, 2018 for all navigable waters of the area. the States, or on the distribution of Clinch River, extending the entire width power and responsibilities among the of the river, from MM 49.5 to MM 52.0. B. Impact on Small Entities various levels of government. We have Enforcement of the regulated area will The Regulatory Flexibility Act of analyzed this rule under that Order and occur from 5 a.m. to 6 p.m. daily. The 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent duration of the special local regulation requires Federal agencies to consider with the fundamental federalism is intended to ensure the safety of life the potential impact of regulations on principles and preemption requirements and vessels on these navigable waters small entities during rulemaking. The described in Executive Order 13132. before, during, and after the scheduled term ‘‘small entities’’ comprises small Also, this rule does not have tribal event. No vessel or person will be businesses, not-for-profit organizations implications under Executive Order permitted to enter the special local that are independently owned and 13175, Consultation and Coordination

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with Indian Tribal Governments, List of Subjects in 33 CFR Part 100 DEPARTMENT OF HOMELAND because it does not have a substantial SECURITY direct effect on one or more Indian Marine safety, Navigation (water), tribes, on the relationship between the Reporting and recordkeeping Coast Guard Federal Government and Indian tribes, requirements, Waterways. or on the distribution of power and For the reasons discussed in the 33 CFR Part 117 responsibilities between the Federal preamble, the Coast Guard amends 33 Government and Indian tribes. If you CFR part 100 as follows: [Docket No. USCG–2018–0287 believe this rule has implications for Drawbridge Operation Regulation; Isle federalism or Indian tribes, please PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS of Wight (Sinepuxent) Bay, Ocean City, contact the person listed in the FOR MD FURTHER INFORMATION CONTACT section above. ■ 1. The authority citation for part 100 AGENCY: Coast Guard, DHS. continues to read as follows: ACTION: Notice of deviation from E. Unfunded Mandates Reform Act Authority: 33 U.S.C. 1233; 33 CFR 1.05– drawbridge regulation. The Unfunded Mandates Reform Act 1. SUMMARY: The Coast Guard has issued a of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 100.35T08–0143 to read as temporary deviation from the operating Federal agencies to assess the effects of follows: schedule that governs the US 50/Harry their discretionary regulatory actions. In W. Kelly Memorial Bridge, which particular, the Act addresses actions § 100.35T08–0143 Special Local Regulation; Clinch River, Oak Ridge, TN. carries US 50 and Ocean Gateway across that may result in the expenditure by a the Isle of Wight (Sinepuxent) Bay, mile State, local, or tribal government, in the (a) Location. The following area is a 0.5, at Ocean City, MD. The deviation is aggregate, or by the private sector of temporary special local regulation: All necessary to facilitate the ‘‘Island to $100,000,000 (adjusted for inflation) or navigable waters of the Clinch River, Island’’ Half Marathon. This deviation more in any one year. Though this rule extending the entire width of the river, allows the bridge to remain in the will not result in such an expenditure, between mile marker (MM) 49.5 and closed-to-navigation position. MM 52.0, Oak Ridge, TN. we do discuss the effects of this rule DATES: The deviation is effective from 8 elsewhere in this preamble. (b) Effective period. This special local a.m. through 10:30 a.m. on April 28, regulation is effective from 5 a.m. on 2018. F. Environment April 27, 2018 through 6 p.m. on April ADDRESSES: The docket for this 29, 2018. We have analyzed this rule under deviation, [USCG–2018–0287] is Department of Homeland Security (c) Special local regulations. (1) Entry available at http://www.regulations.gov. Directive 023–01 and Commandant into this area is prohibited unless Type the docket number in the Instruction M16475.1D, which guide the authorized by the Captain of the Port ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Coast Guard in complying with the Sector Ohio Valley (COTP) or a Click on Open Docket Folder on the line National Environmental Policy Act of designated representative. A designated associated with this deviation. 1969 (42 U.S.C. 4321–4370f), and have representative is a commissioned, FOR FURTHER INFORMATION CONTACT: If made a preliminary determination that warrant, or petty officer of the U.S. you have questions on this temporary this action is one of a category of actions Coast Guard assigned to units under the deviation, call or email Mr. Michael that do not individually or cumulatively operational control of USCG Sector Thorogood, Bridge Administration have a significant effect on the human Ohio Valley. Branch Fifth District, Coast Guard, environment. This rule involves the (2) Persons or vessels seeking to enter telephone 757–398–6557, email establishment of a special local the regulated area must request [email protected]. regulation that prohibits entry on less permission from the COTP or a SUPPLEMENTARY INFORMATION: The OC than three miles of the Clinch River for designated representative on VHF–FM Tri Running Sports, on behalf of the thirteen hours on two days. It is channel 16 or by telephone at 1–800– Maryland State Highways categorically excluded from further 253–7465. Administration, owner and operator of review under paragraph L63(a) of (3) Persons and vessels permitted to the US 50/Harry W. Kelly Memorial Appendix A, Table 1 of DHS Instruction enter this regulated area must transit at Bridge that carries US 50 and Ocean Manual 023–01–001–01, Rev. 01. A their slowest safe speed and comply Gateway across the Isle of Wight Record of Environmental Consideration with all lawful directions issued by the (Sinepuxent) Bay, mile 0.5, at Ocean supporting this determination is COTP or the designated representative. City, MD, has requested a temporary available in the docket where indicated (d) Informational broadcasts. The deviation from the current operating under ADDRESSES. COTP or a designated representative regulations to ensure the safety of the will inform the public through local participants and spectators associated G. Protest Activities notice to mariners and Broadcast with the ‘‘Island to Island’’ Half Notices to Mariners of the enforcement Marathon on Saturday, April 28, 2018. The Coast Guard respects the First This bridge is a double bascule Amendment rights of protesters. period for the regulated area as well as any changes in the planned schedule. drawbridge, with a vertical clearance of Protesters are asked to contact the 13 feet above mean high water in the person listed in the FOR FURTHER Dated: April 20, 2018. closed position and unlimited vertical INFORMATION CONTACT section to M.B. Zamperini, clearance in the open position. coordinate protest activities so that your Captain, U.S. Coast Guard, Captain of the The current operating regulation is set message can be received without Port Sector Ohio Valley. out in 33 CFR 117.559. Under this jeopardizing the safety or security of [FR Doc. 2018–08769 Filed 4–25–18; 8:45 am] temporary deviation, the bridge will be people, places or vessels. BILLING CODE 9110–04–P maintained in the closed-to-navigation

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position from 8 a.m. through 10:30 a.m. ADDRESSES: The docket for this operators can arrange their transits to on April 28, 2018. deviation, USCG–2018–0228 is available minimize any impact caused by the The Isle of Wight (Sinepuxent) Bay is at http://www.regulations.gov. Type the temporary deviation. used by a variety of vessels small fishing docket number in the ‘‘SEARCH’’ box In accordance with 33 CFR 117.35(e), vessels and recreational vessels. The and click ‘‘SEARCH’’. Click on Open the drawbridge must return to its regular Coast Guard has carefully considered Docket Folder on the line associated operating schedule immediately at the the nature and volume of vessel traffic with this deviation. end of the effective period of this on the waterway in publishing this FOR FURTHER INFORMATION CONTACT: If temporary deviation. This deviation temporary deviation. you have questions on this temporary from the operating regulations is Vessels able to pass through the deviation, call or email Mr. Michael authorized under 33 CFR 117.35. bridge in the closed-to-navigation Thorogood, Bridge Administration Dated: April 19, 2018. position may do so at any time. The Branch Fifth District, Coast Guard, Jerry R. Barnes, bridge will be able to open for telephone 757–398–6557, email Captain, U.S. Coast Guard, Fifth Coast Guard emergencies and there is no immediate [email protected]. District. alternative route for vessels unable to SUPPLEMENTARY INFORMATION: The pass through the bridge in the closed [FR Doc. 2018–08762 Filed 4–25–18; 8:45 am] Burlington County Bridge Commission, BILLING CODE 9110–04–P position. The Coast Guard will also owner and operator of the SR 413/ inform the users of the waterway Burlington-Bristol bridge, that carries through our Local and Broadcast SR 413 across the Delaware River, mile DEPARTMENT OF HOMELAND Notices to Mariners of the change in 117.8, between Burlington, NJ and SECURITY operating schedule for the bridge so that Bristol, PA, has requested a temporary vessel operators can arrange their deviation from the current operating Coast Guard transits to minimize any impact caused schedule to facilitate bridge by the temporary deviation. maintenance and painting of the vertical 33 CFR Part 117 In accordance with 33 CFR 117.35(e), lift span of the drawbridge. During the the drawbridge must return to its regular maintenance period a work platform [Docket No. USCG–2016–0257] operating schedule immediately at the will reduce one half of the bridge span end of the effective period of this vertical clearance to approximately 58 Drawbridge Operation Regulation; temporary deviation. This deviation feet above mean high water in the Delaware River, Pennsauken from the operating regulations is closed position and approximately 132 Township, NJ authorized under 33 CFR 117.35. feet above mean high water in the open AGENCY: Coast Guard, DHS. Dated: April 19, 2018. position. The bridge has a vertical Jerry R. Barnes, clearance of 135 feet above mean high ACTION: Notice of temporary deviation from regulations; request for comments. Captain, U.S. Coast Guard, Fifth Coast Guard water in the open position, and 61 feet District. above mean high water in the closed SUMMARY: The Coast Guard has issued a position. [FR Doc. 2018–08754 Filed 4–25–18; 8:45 am] temporary deviation from the operating The current operating schedule is set BILLING CODE 9110–04–P schedule that governs the DELAIR out in 33 CFR 117.716. Under this Memorial Railroad Bridge across the temporary deviation, the bridge will be Delaware River, mile 104.6, at in the closed-to-navigation position DEPARTMENT OF HOMELAND Pennsauken Township, NJ. This from 7 a.m. through 7 p.m.; Monday SECURITY deviation will test the remote operation through Friday; and from 6 a.m. through system of the drawbridge to determine Coast Guard 6 p.m.; Saturday through Sunday; from whether the bridge can be safely 7 a.m. on May 1, 2018, through 6 p.m. operated from a remote location. This 33 CFR Part 117 on September 30, 2018. deviation will allow the bridge to be [Docket No. USCG–2018–0228] The Delaware River is used by a variety of vessels including deep draft remotely operated from the Conrail South Jersey dispatch center in Mount Drawbridge Operation Regulation; commercial vessels, U.S. government and public vessels, small commercial Laurel, NJ, instead of being operated by Delaware River, Burlington, NJ and an on-site bridge tender. Bristol, PA vessels, tug and barge traffic, and recreational vessels. The Coast Guard DATES: This modified deviation is AGENCY: Coast Guard, DHS. has carefully coordinated the effective without actual notice from ACTION: Notice of deviation from restrictions with waterway users in April 26, 2018 through 7:59 a.m. on drawbridge regulation. publishing this temporary deviation. October 16, 2018. For the purposes of Vessels able to pass through the enforcement, actual notice will be used SUMMARY: The Coast Guard has issued a bridge in the closed-to-navigation from 8 a.m. on April 19, 2018, until temporary deviation from the operating position may do so at any time. The April 26, 2018. Comments and related schedule that governs the SR 413/ bridge will open on signal, if two hour material must reach the Coast Guard on Burlington-Bristol bridge, which carries prior notification is given. The bridge or before August 17, 2018. SR 413 across the Delaware River, mile will not be able to open for emergencies ADDRESSES: You may submit comments 117.8, between Burlington, NJ and and there is no immediate alternative identified by docket number USCG– Bristol, PA. The deviation is necessary route for vessels unable to pass through 2016–0257 using Federal eRulemaking to facilitate bridge maintenance. This the bridge in the closed position. The Portal at http://www.regulations.gov. deviation allows the bridge to remain in Coast Guard will also inform the users See the ‘‘Public Participation and the closed-to-navigation position. of the waterway through our Local Request for Comments’’ portion of the DATES: The deviation is effective from 7 Notice and Broadcast Notices to SUPPLEMENTARY INFORMATION section a.m. on May 1, 2018, through 6 p.m. on Mariners of the change in operating below for instructions on submitting September 30, 2018. schedule for the bridge so that vessel comments.

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FOR FURTHER INFORMATION CONTACT: If On January 22, 2018, we published a outcome of this rulemaking. If you you have questions on this temporary notification of temporary deviation from submit a comment, please include the deviation, call or email Mr. Hal R. Pitts, regulations; reopening comment period; docket number for this rulemaking, Fifth Coast Guard District (dpb); entitled ‘‘Drawbridge Operation indicate the specific section of this telephone (757) 398–6222, email Regulation; Delaware River, Pennsauken document to which each comment [email protected]. Township, NJ’’ in the Federal Register applies, and provide a reason for each (see 83 FR 2909). This notification SUPPLEMENTARY INFORMATION: suggestion or recommendation. included a request for comments and We encourage you to submit I. Background, Purpose and Legal Basis related material to reach the Coast comments through the Federal On April 12, 2017, we published a Guard on or before March 2, 2018. eRulemaking Portal at http:// notification in the Federal Register On February 15, 2018, we published www.regulations.gov. If your material entitled, ‘‘Drawbridge Operation a notice of proposed rulemaking; cannot be submitted using http:// Regulation; Delaware River, Pennsauken reopening comment period; entitled www.regulations.gov, contact the person Township, NJ’’ announcing a temporary ‘‘Drawbridge Operation Regulation; in the FOR FURTHER INFORMATION deviation from the regulations, with Delaware River, Pennsauken Township, CONTACT section of this document for request for comments (see 82 FR 17562). NJ’’ in the Federal Register (see 83 FR alternate instructions. The purpose of the deviation was to test 6821). This notification included a We accept anonymous comments. All the newly installed remote operation request for comments and related comments received will be posted system of the DELAIR Memorial material to reach the Coast Guard on or without change to http:// Railroad Bridge across the Delaware before March 2, 2018. www.regulations.gov and will include The Coast Guard has reviewed 25 River, mile 104.6, at Pennsauken any personal information you have comments posted to the docket, six Township, NJ, owned and operated by provided. For more about privacy and reports with supporting documentation Conrail Shared Assets. The installation the docket, visit http:// submitted by the bridge owner during of the remote operation system did not www.regulations.gov/privacynotice. the initial and second temporary change the operational schedule of the Documents mentioned in this deviations, and other information bridge.1 notification as being available in this concerning the remote operation system On June 30, 2017, we published a docket and all public comments, will be of the DELAIR Memorial Railroad notice of proposed rulemaking (NPRM) in our online docket at http:// Bridge. Through this review, the Coast entitled, ‘‘Drawbridge Operation www.regulations.gov and can be viewed Guard has found that further testing and Regulation; Delaware River, Pennsauken by following that website’s instructions. evaluation of the remote operation Township, NJ’’ (see 82 FR 29800). The Additionally, if you go to the online system of the drawbridge is necessary original comment period closed on docket and sign up for email alerts, you before making a decision on the August 18, 2017. will be notified when comments are proposed regulation. The Coast Guard On October 18, 2017, we published a posted or a final rule is published. has issued a third temporary deviation notification in the Federal Register from 8 a.m. on April 19, 2018, through Dated: April 19, 2018. entitled, ‘‘Drawbridge Operation 7:59 a.m. on October 16, 2018, to Jerry R. Barnes, Regulation; Delaware River, Pennsauken provide sufficient time for further Captain, U.S. Coast Guard, Fifth Coast Guard Township, NJ’’ announcing a second testing and evaluation of the remote District. temporary deviation from the operation system of the DELAIR [FR Doc. 2018–08763 Filed 4–25–18; 8:45 am] regulations, with request for comments Memorial Railroad Bridge. BILLING CODE 9110–04–P (see 82 FR 48419). This temporary During this temporary deviation, the deviation commenced at 8 a.m. on following changes have been October 21, 2017, and will conclude at implemented: (1) The on-site bridge DEPARTMENT OF HOMELAND 7:59 a.m. on April 19, 2018. This tender will be removed from the bridge, SECURITY notification included a request for (2) qualified personnel will return and comments and related material to reach Coast Guard operate the bridge within 60 minutes if the Coast Guard on or before January 15, the remote operation system is 2018.2 33 CFR Part 165 considered in a failed condition,3 and On December 6, 2017, we published (3) comments concerning the utility and a notice of proposed rulemaking; [Docket Number USCG–2018–0234] value of the automated identification reopening of comment period; entitled system (AIS) are requested. This ‘‘Drawbridge Operation Regulation; RIN 1625–AA00 deviation is authorized under 33 CFR Delaware River, Pennsauken Township, 117.35. Safety Zone; Lake Michigan, Calumet NJ’’ in the Federal Register (see 82 FR Harbor, Chicago, IL 57561). This notification included a II. Public Participation and Request for request for comments and related Comments AGENCY: Coast Guard, DHS. material to reach the Coast Guard on or We view public participation as ACTION: Temporary final rule. before January 15, 2018. essential to effective rulemaking, and will consider all comments and material SUMMARY: The Coast Guard is 1 A full description of the remote operation received during the comment period. establishing two temporary safety zones system is outlined in the aforementioned on Lake Michigan in Calumet Harbor, in publication, which can be found at http:// Your comment can help shape the regulations.gov. (See ADDRESSES for more Chicago, IL. This action is necessary and information). 3 The conditions in which the remote operation intended to ensure safety of life on the 2 Detailed information concerning this second test system will be considered in a failed condition are navigable waters of the United States deviation is contained in the Background, Purpose detailed in the Supplementary Information: III. immediately prior to, during, and after and Legal Basis paragraphs of the aforementioned Discussion of Proposed Rule section of the Notice publication, which can be found at http:// of Proposed Rulemaking (NPRM), which can be a lakebed rock removal operation regulations.gov, (see ADDRESSES for more found at: http://regulations.gov, (see ADDRESSES for involving explosives. Entry of vessels or information). more information). persons into these zones is prohibited

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unless specifically authorized by the III. Legal Authority and Need for Rule A. Regulatory Planning and Review Captain of the Port Lake Michigan. The legal basis for the rule is the We developed this rule after DATES: This rule is effective from Coast Guard’s authority to establish considering numerous statutes and midnight on May 1, 2018 through safety zones: 33 U.S.C. 1231; 33 CFR Executive orders related to rulemaking. midnight on September 1, 2018. 1.05–1, 160.5; Department of Homeland Below we summarize our analyses ADDRESSES: To view documents Security Delegation No. 0170.1. based on a number of these statutes and mentioned in this preamble as being From May 1, 2018 through September Executive orders, and we discuss First available in the docket, go to http:// 1, 2018, a rock removal operation Amendment rights of protestors. www.regulations.gov, type USCG–2018– involving explosives will take place on 0234 in the ‘‘SEARCH’’ box and click Lake Michigan in Calumet Harbor, in A. Regulatory Planning and Review ‘‘SEARCH.’’ Click on Open Docket Chicago, IL. The Captain of the Port Executive Orders 12866 and 13563 Folder on the line associated with this Lake Michigan has determined that the direct agencies to assess the costs and rule. lakebed rock removal operation will benefits of available regulatory FOR FURTHER INFORMATION CONTACT: If pose a significant risk to public safety alternatives and, if regulation is you have questions about this rule, call and property. Such hazards include necessary, to select regulatory or email LT John Ramos, Marine Safety detonation of explosive material and a approaches that maximize net benefits. Unit Chicago, U.S. Coast Guard; change in the depth of water for a small Executive order 13563 emphasizes the telephone (630) 986–2155, email D09- period of time. importance of quantifying both costs [email protected]. IV. Discussion of the Rule and benefits, of reducing costs, of SUPPLEMENTARY INFORMATION: harmonizing rules, and of promoting With the aforementioned hazards in flexibility. Executive Order 13771 I. Table of Abbreviations mind, the Captain of the Port Lake (‘‘Reducing Regulation and Controlling CFR Code of Federal Regulations Michigan has determined that two Regulatory Costs’’), directs agencies to DHS Department of Homeland Security temporary safety zones are necessary to reduce regulation and control regulatory FR Federal Register ensure the safety of the public during costs and provides that ‘‘for every one NPRM Notice of proposed rulemaking the rock removal operation on Lake new regulation issued, at least two prior § Section Michigan in Calumet Harbor. Safety regulations be identified for elimination, U.S.C. United States Code zone one will be enforced from and that the cost of planned regulations midnight on May 1, 2018 to through II. Background Information and be prudently managed and controlled midnight on September 1, 2018. Safety Regulatory History through a budgeting process.’’ This rule zone one will encompass all waters of has not been designated a ‘‘significant The Coast Guard is issuing this Lake Michigan in Chicago, IL, bounded regulatory action,’’ under Executive temporary rule without prior notice and by a line drawn from the Calumet order 12866. Accordingly, it has not opportunity to comment pursuant to Harbor Entrance South Side Light at been reviewed by the Office of authority under section 4(a) of the 41°44.1348′ N, 087°30.3790′ W then Administrative Procedure Act (APA) (5 southwest to 41°43.8568′ N, Management and Budget. U.S.C. 553(b)). This provision 087°30.6587′ W then southeast to As this rule is not a significant authorizes an agency to issue a rule 41°43.5801′ N, 087°30.2830′ W then east regulatory action, this rule is exempt without prior notice and opportunity to to the Calumet Harbor Breakwater South from the requirements of Executive comment when the agency for good End Light at 41°43.5619′ N, Order 13771. See OMB’s Memorandum cause finds that those procedures are 087°29.6016′ W (NAD 83). Safety zone titled ‘‘Interim Guidance Implementing ‘‘impracticable, unnecessary, or contrary two will be enforced intermittently from Section 2 of the Executive Order of to public interest.’’ Under 5 U.S.C. midnight on May 1, 2018 through January 30, 2017 titled ‘Reducing 553(b)(B), the Coast Guard finds that midnight on September 1, 2018. A Regulation and Controlling Regulatory good cause exists for not publishing a broadcast notice to marines will be Costs’ ’’ (February 2, 2017). notice of proposed rulemaking (NPRM) issued prior to the start of blasting to We conclude that this rule is not a with respect to this rule because doing notify the public that safety zone two is significant regulatory action because we so would be impracticable. The Coast being enforced. Safety zone two will anticipate that it will have minimal Guard did not receive the final details encompass all waters of Lake Michigan impact on the economy, will not for this event until there was in Chicago, IL, within a 2000 foot radius interfere with other agencies, will not insufficient time remaining before the from 41°43.6665′ N, 087°30.3805′ W adversely alter the budget of any grant event to publish a NPRM. Thus, (NAD 83). or loan recipients, and will not raise any delaying the effective date of this rule to Entry into, transiting, or anchoring novel legal or policy issues. The two wait for a comment period to run would within the safety zones is prohibited safety zones created by this rule will be be impracticable because it would unless authorized by the Captain of the relatively small, allowing vessel traffic inhibit the Coast Guard’s ability to Port Lake Michigan, or a designated on- to continue to safely transit while either protect the public and vessels from the scene representative. The Captain of the or both are enforced, and safety zone hazards associated with a lakebed rock Port or a designated on-scene two will be enforced intermittently only removal operation from May 1, 2018 representative may be contacted via for short periods of time. Under certain through September 1, 2018. VHF Channel 16. conditions, moreover, vessels may still We are issuing this rule, and under 5 transit through the safety zones when U.S.C. 553(d)(3), the Coast Guard finds V. Regulatory Analyses permitted by the Captain of the Port. that good cause exists for making this We developed this rule after temporary rule effective less than 30 considering numerous statutes and B. Impact on Small Entities days after publication in the Federal Executive orders related to rulemaking. The Regulatory Flexibility Act of Register. For the same reasons Below we summarize our analyses 1980, 5 U.S.C. 601–612, as amended, discussed in the preceding paragraph, based on a number of these statutes and requires Federal agencies to consider waiting for a 30 day notice period to run Executive orders, and we discuss First the potential impact of regulations on would be impracticable. Amendment rights of protestors. small entities during rulemaking. The

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term ‘‘small entities’’ comprises small D. Federalism and Indian Tribal Instruction Manual 023–01–001–01, businesses, not-for-profit organizations Governments Rev. 01. A Record of Environmental that are independently owned and A rule has implications for federalism Consideration (REC) supporting this operated and are not dominant in their under Executive order 13132, determination is available in the docket fields, and governmental jurisdictions Federalism, if it has a substantial direct where indicated in the ADDRESSES with populations of less than 50,000. effect on the States, on the relationship section of this preamble. We seek any The Coast Guard certifies under 5 U.S.C. between the national government and comments or information that may lead 605(b) that this rule will not have a the States, or on the distribution of to the discovery of a significant significant economic impact on a power and responsibilities among the environmental impact from this rule. substantial number of small entities. various levels of government. We have G. Protest Activities Under the Regulatory Flexibility Act analyzed this rule under that Order and The Coast Guard respects the First (5 U.S.C. 601–612), we have considered have determined that it is consistent Amendment rights of protesters. the impact of this temporary rule on with the fundamental federalism Protesters are asked to contact the small entities. This rule will affect the principles and preemption requirements person listed in the FOR FURTHER following entities, some of which might described in Executive order 13132. INFORMATION CONTACT section to be small entities: The owners or Also, this rule does not have tribal coordinate protest activities so that your operators of vessels intending to transit implications under Executive order message can be received without on a portion of Lake Michigan in 13175, Consultation and Coordination jeopardizing the safety or security of Calumet Harbor from midnight May 1, with Indian Tribal Governments, people, places or vessels. 2018 through midnight September 1, because it does not have a substantial 2018. direct effect on one or more Indian List of Subjects in 33 CFR Part 165 These safety zones will not have a tribes, on the relationship between the Harbors, Marine safety, Navigation significant economic impact on a Federal Government and Indian tribes, (water), Reporting and recordkeeping substantial number of small entities for or on the distribution of power and requirements, Security measures, the reasons cited in the Regulatory responsibilities between the Federal Waterways. Government and Indian tribes. If you Planning and Review section. For the reasons discussed in the believe this rule has implications for Additionally, before the enforcement of preamble, the Coast Guard amends 33 federalism or Indian tribes, please the zones, we will issue local Broadcast CFR parts 165 as follows: Notice to Mariners and Local Notice to contact the person listed in the FOR Mariners so vessel owners and operators FURTHER INFORMATION CONTACT section PART 165—REGULATED NAVIGATION can plan accordingly. above. AREAS AND LIMITED ACCESS AREAS Under section 213(a) of the Small E. Unfunded Mandates Reform Act ■ Business Regulatory Enforcement 1. The authority citation for part 165 The Unfunded Mandates Reform Act Fairness Act of 1996 (Pub. L. 104–121), continues to read as follows: of 1995 (2 U.S.C. 1531–1538) requires we want to assist small entities in Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Federal agencies to assess the effects of understanding this rule. If the rule 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; their discretionary regulatory actions. In would affect your small business, Department of Homeland Security Delegation particular, the Act addresses actions organization, or governmental No. 0170.1. that may result in the expenditure by a jurisdiction and you have questions ■ 2. Add § 165.T09–0234 to read as State, local, or tribal government, in the concerning its provisions or options for follows: aggregate, or by the private sector of compliance, please contact the person $100,000,000 (adjusted for inflation) or § 165.T09–2018–0234 Safety Zone; Lake listed in the FOR FURTHER INFORMATION more in any one year. Though this rule Michigan, Calumet Harbor, Chicago, IL. CONTACT section. will not result in such an expenditure, (a) Location. Safety zone one; all Small businesses may send comments we do discuss the effects of this rule navigable waters of Lake Michigan on the actions of Federal employees elsewhere in this preamble. bounded by a line drawn from the who enforce, or otherwise determine Calumet Harbor Entrance South Side compliance with, Federal regulations to F. Environment Light at 41°44.1348′ N, 087°30.3790′ W the Small Business and Agriculture We have analyzed this rule under then southwest to 41°43.8568′ N, Regulatory Enforcement Ombudsman Department of Homeland Security 087°30.6587′ W then southeast to and the Regional Small Business Management Directive 023–01 and 41°43.5801′ N, 087°30.2830′ W then east Regulatory Fairness Boards. The Commandant Instruction M16475.lD, to the Calumet Harbor Breakwater South Ombudsman evaluates these actions which guide the Coast Guard in End Light at 41°43.5619′ N, annually and rates each agency’s complying with the National 087°29.6016′ W (NAD 83). Safety zone responsiveness to small business. If you Environmental Policy Act of 1969(42 two will encompass all navigable waters wish to comment on actions by U.S.C. 4321–4370f), and have of Lake Michigan within a 2000 foot employees of the Coast Guard, call 1– determined that this action is one of a radius from 41°43.6665′ N, 087°30.3805′ 888–REG–FAIR (1–888–734–3247). The category of actions that do not W (NAD 83). Coast Guard will not retaliate against individually or cumulatively have a Enforcement period. This rule will be small entities that question or complain significant effect on the human enforced from midnight on May 1, 2018 about this rule or any policy or action environment. This rule involves the through midnight on September 1, 2018 of the Coast Guard. establishment of two safety zones for a for safety zone one. Safety zone two will C. Collection of Information lakebed rock removal operation be enforced intermittently from involving explosives on Lake Michigan midnight on May 1, 2018 through This rule will not call for a new in Calumet Harbor, in Chicago, IL. It is midnight on September 1, 2018. Prior to collection of information under the categorically excluded from further the commencement of blasting Paperwork Reduction Act of 1995 (44 review under paragraph L60(a) of operations a broadcast notice to U.S.C. 3501–3520). Appendix A, Table 1, of DHS mariners will be issued to notify the

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public that safety zone two is being Atmospheric Administration (NOAA), regulations. NMFS is required under enforced. Commerce. ATCA and the Magnuson-Stevens Act to (c) Regulations. (1) In accordance with ACTION: Temporary rule; inseason provide U.S. fishing vessels with a the general regulations in § 165.23 of Angling category retention limit reasonable opportunity to harvest the this part, entry into, transiting, or adjustment. ICCAT-recommended quota. anchoring within these safety zones is prohibited unless authorized by the SUMMARY: NMFS has determined that As a method for limiting fishing Captain of the Port Lake Michigan or a the Atlantic bluefin tuna (BFT) daily mortality on juvenile BFT, ICCAT designated on-scene representative. retention limit that applies to vessels recommends a tolerance limit on the (2) These safety zones are closed to all permitted in the Highly Migratory annual harvest of BFT measuring less vessel traffic, except as may be Species (HMS) Angling category and the than 115 centimeters (cm) (45.3 inches) permitted by the Captain of the Port HMS Charter/Headboat category (when (straight fork length) to no more than 10 Lake Michigan or a designated on-scene fishing recreationally for BFT) should be percent by weight of a Contracting representative. adjusted for the remainder of 2018, Party’s total BFT quota. Any overharvest (3) The ‘‘on-scene representative’’ of based on consideration of the regulatory of such tolerance limit from one year the Captain of the Port Lake Michigan determination criteria regarding must be subtracted from the tolerance is any Coast Guard commissioned, inseason adjustments. NMFS is limit applicable in the next year or the warrant or petty officer who has been adjusting the Angling category BFT year after that. The United States designated by the Captain of the Port daily retention limit from the default of implements this provision by limiting Lake Michigan to act on his or her one school, large school, or small the harvest of school BFT (measuring 27 behalf. medium BFT to two school BFT and one to less than 47 inches curved fork (4) Vessel operators desiring to enter large school/small medium BFT per length) as appropriate to not exceed the or operate within the safety zones shall vessel per day/trip for private vessels contact the Captain of the Port Lake with HMS Angling category permits; 10-percent limit. Michigan or an on-scene representative and to three school BFT and one large The currently codified baseline U.S. to obtain permission to do so. The school/small medium BFT per vessel quota is 1,058.9 metric tons (mt) (not Captain of the Port Lake Michigan or an per day/trip for vessels with HMS including the 25 mt ICCAT allocated to on-scene representative may be Charter/Headboat permits when fishing the United States to account for bycatch contacted via VHF Channel 16 or recreationally. These retention limits are of BFT in pelagic longline fisheries in alternatively they may contact the effective in all areas, except for the Gulf the Northeast Distant Gear Restricted Captain of the Port Lake Michigan via of Mexico, where NMFS prohibits Area). See § 635.27(a). The currently landline at 414–717–7182. Vessel targeted fishing for BFT. codified Angling category quota is 195.2 operators given permission to enter or DATES: Effective April 26, 2018, through mt (108.4 mt for school BFT, 82.3 mt for operate in the safety zones must comply December 31, 2018. large school/small medium BFT, and 4.5 with all directions given to them by the FOR FURTHER INFORMATION CONTACT: mt for large medium/giant BFT). Captain of the Port Lake Michigan, or an Sarah McLaughlin or Brad McHale, The 2018 BFT fishing year, which is on-scene representative. (978) 281–9260. managed on a calendar-year basis and Dated: April 11, 2018. SUPPLEMENTARY INFORMATION: subject to an annual calendar-year Thomas J. Stuhlreyer, Regulations implemented under the quota, began January 1, 2018. The Captain, U.S. Coast Guard, Captain of the authority of the Atlantic Tunas Angling category season opened January Port, Lake Michigan. Convention Act (ATCA; 16 U.S.C. 971 et 1, 2018, and continues through [FR Doc. 2018–08794 Filed 4–25–18; 8:45 am] seq.) and the Magnuson-Stevens Fishery December 31, 2018. The size classes of BILLING CODE 9110–04–P Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 BFT are summarized in Table 1. Please et seq.) governing the harvest of BFT by note that large school and small DEPARTMENT OF COMMERCE persons and vessels subject to U.S. medium BFT traditionally have been jurisdiction are found at 50 CFR part managed as one size class, as described National Oceanic and Atmospheric 635. Section 635.27 subdivides the U.S. below, i.e., a limit of one large school/ Administration BFT quota recommended by the small medium BFT (measuring 47 to International Commission for the less than 73 inches). Currently, the 50 CFR Part 635 Conservation of Atlantic Tunas (ICCAT) default Angling category daily retention [Docket No. 150121066–5717–02] among the various domestic fishing limit of one school, large school, or categories, per the allocations small medium BFT applies RIN 0648–XG163 established in the 2006 Consolidated (§ 635.23(b)(2)). This retention limit Highly Migratory Species Fishery Atlantic Highly Migratory Species; applies to HMS Angling and to HMS Atlantic Bluefin Tuna Fisheries Management Plan (2006 Consolidated Charter/Headboat category permitted HMS FMP) (71 FR 58058, October 2, vessels (when fishing recreationally for AGENCY: National Marine Fisheries 2006) and amendments, and in BFT). Service (NMFS), National Oceanic and accordance with implementing

TABLE 1—BFT SIZE CLASSES

Size class Curved fork length

School ...... 27 to less than 47 inches (68.5 to less than 119 cm). Large school ...... 47 to less than 59 inches (119 to less than 150 cm). Small medium ...... 59 to less than 73 inches (150 to less than 185 cm). Large medium ...... 73 to less than 81 inches (185 to less than 206 cm).

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TABLE 1—BFT SIZE CLASSES—Continued

Size class Curved fork length

Giant ...... 81 inches or greater (206 cm or greater).

Table 2 summarizes the recreational retention limit information for 2016 and quota, subquotas, landings, and 2017, by size class.

TABLE 2—ANGLING CATEGORY QUOTAS (mt), ESTIMATED LANDINGS (mt), AND DAILY RETENTION LIMITS, 2016–2017

2016 2017 Amount of Amount of Size class Subquotas subquotas and Subquotas subquotas and and total quota Landings total quota and total quota Landings total quota (mt) (mt) used (mt) (mt) used (percent) (percent)

School ...... 108.4 40.3 37 108.4 47.1 43 Large School/Small Medium ...... 82.3 96.8 118 82.3 84.5 103 Trophy: Large Medium/Giant ...... 4.5 5.9 131 4.5 10.2 227

Total ...... 195.2 143 73 195.2 141.8 73

Daily Retention Limits (per Vessel) ...... January 1 through April 22: 1 school, large January 1 through April 29: 1 school, large school, or small medium (default). school, or small medium (default). April 23 through December 31 (81 FR 23438, April 30 through December 31 (82 FR 19615, April 21, 2016): April 28, 2017): Private boats: 1 school and 1 large school/small Private boats: 2 school and 1 large school/small medium. medium. Charter/Headboats: 2 school and 1 large school/ Charter/Headboats: 3 school and 1 large school/ small medium. small medium.

Although the 2017 ICCAT sampling and monitoring of the status of analyzed in the bluefin tuna quota final recommendation regarding western BFT the stock (§ 635.27(a)(8)(i)). Biological rule (80 FR 52198, August 28, 2015), management would result in an increase samples collected from BFT landed by and with objectives of the 2006 to the baseline U.S. BFT quota (i.e., from recreational fishermen continue to Consolidated HMS FMP and 1,058.79 mt to 1,247.86 mt) and provide NMFS with valuable parts and amendments, and is not expected to subquotas for 2018 (including an data for ongoing scientific studies of negatively impact stock health or to expected increase in Angling category BFT age and growth, migration, and affect the stock in ways not already quota from 195.2 mt to 232.4 mt, reproductive status. Additional analyzed in those documents. It is also consistent with the annual BFT quota opportunity to land BFT would support important that NMFS limit landings to calculation process established in the collection of a broad range of data the subquotas both to adhere to the FMP § 635.27(a)), domestic implementation for these studies and for stock quota allocations and to ensure that of that recommendation will take place monitoring purposes. landings are as consistent as possible in a separate rulemaking, likely to be NMFS considered the catches of the with the pattern of fishing mortality finalized in mid-2018. Angling category quota to date and the (e.g., fish caught at each age) that was likelihood of closure of that segment of assumed in the latest stock assessment. Adjustment of Angling Category Daily the fishery if no adjustment is made Another principal consideration in Retention Limit (§ 635.27(a)(8)(ii)). NMFS anticipates setting the retention limit is the Under § 635.23(b)(3), NMFS may that the full 2018 Angling category objective of providing opportunities to increase or decrease the Angling quota would not be harvested under the harvest the full Angling category quota category retention limit for any size default retention limit. As shown in without exceeding it based on the goals class of BFT after considering regulatory Table 2, Angling category landings were of the 2006 Consolidated HMS FMP and determination criteria provided under approximately 73 percent of the 184.3- amendments, including to achieve § 635.27(a)(8). Recreational retention mt annual Angling category quota in optimum yield on a continuing basis limits may be adjusted separately for both 2016 and 2017, respectively and to optimize the ability of all permit specific vessel type, such as private including landings of 37 and 43 percent, categories to harvest their full BFT vessels, headboats, or charter vessels. respectively, of the available school BFT quota allocations (related to NMFS has considered all of the quota. § 635.27(a)(8)(x)). relevant determination criteria and their NMFS also considered the effects of The 2017 school bluefin tuna landings applicability to the change in the the adjustment on bluefin tuna represent 4 percent of the total U.S. Angling category retention limit. The rebuilding and overfishing and the quota for 2017, well under the ICCAT criteria and their application are effects of the adjustment on recommended 10-percent limit. discussed below. accomplishing the objectives of the FMP Landings of school bluefin tuna in 2015 NMFS considered the usefulness of (§ 635.27(a)(8)(v) and (vi)). These represented 3.7 percent of the total U.S. information obtained from catches in retention limits would be consistent quota for 2016. Given that the Angling the particular category for biological with the quotas established and category landings fell short of the

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available quota, that additional quota is HMS Advisory Panel at its March 2018 amendments provide for inseason anticipated to be available this year as meeting. NMFS is not setting higher retention limit adjustments to respond a result of the 2017 ICCAT school BFT limit for private and charter to the unpredictable nature of BFT recommendation, and considering the vessels than the adjustments listed in availability on the fishing grounds, the regulatory criteria above, NMFS has Table 1 due to the potential risk of migratory nature of this species, and the determined that the Angling category exceeding the ICCAT tolerance limit on regional variations in the BFT fishery. retention limit applicable to participants school BFT and other considerations, Affording prior notice and opportunity on HMS Angling and HMS Charter/ such as potential effort shifts to BFT for public comment to implement the Headboat category permitted vessels fishing as a result of current recreational daily retention limit for the remainder should be adjusted upwards from the retention limits for New England of 2018 at this time is impracticable. default level. NMFS has also concluded groundfish and striped bass. Based on available BFT quotas, fishery that implementation of separate limits Monitoring and Reporting performance in recent years, and the for private and charter/headboat vessels availability of BFT on the fishing NMFS will continue to monitor the remains appropriate, recognizing the grounds, immediate adjustment to the different nature, socio-economic needs, BFT fisheries closely through the mandatory landings and catch reports. Angling category BFT daily retention and recent landings results of the two limit from the default levels is components of the recreational BFT HMS Charter/Headboat and Angling warranted to allow fishermen to take fishery. For example, charter operators category vessel owners are required to advantage of the availability of fish and historically have indicated that a multi- report the catch of all BFT retained or of quota. NMFS could not have fish retention limit is vital to their discarded dead, within 24 hours of the ability to attract customers. In addition, landing(s) or end of each trip, by proposed these actions earlier, as it Large Pelagics Survey estimates indicate accessing hmspermits.noaa.gov, using needed to consider and respond to that charter/headboat BFT landings the HMS Catch Reporting App, or updated data and information from the averaged 32 percent of recent calling (888) 872–8862 (Monday 2017 Angling category fishery as well as recreational landings for 2016 through through Friday from 8 a.m. until 4:30 input from the HMS Advisory Panel. If 2017, with the remaining 68 percent p.m.). Depending on the level of fishing NMFS was to offer a public comment landed by private vessels. effort and catch rates of BFT, NMFS period now, after having appropriately Therefore, for private vessels with may determine that additional retention considered that data, it would preclude HMS Angling category permits, this limit adjustments or closures are fishermen from harvesting BFT that are action adjusts the limit upwards to two necessary to ensure available quota is legally available consistent with all of school BFT and one large school/small not exceeded or to enhance scientific the regulatory criteria, and/or could medium BFT per vessel per day/trip data collection from, and fishing result in selection of a retention limit (i.e., two BFT measuring 27 to less than opportunities in, all geographic areas. If inappropriately high or low for the 47 inches, and one BFT measuring 47 to needed, subsequent adjustments will be amount of quota available for the less than 73 inches). For vessels with published in the Federal Register. In period. HMS Charter/Headboat permits, this addition, fishermen may call the Fisheries under the Angling category action adjusts the limit upwards to three Atlantic Tunas Information Line at (978) daily retention limit are currently school BFT and one large school/small 281–9260, or access underway and thus prior notice would medium BFT per vessel per day/trip hmspermits.noaa.gov, for updates on be contrary to the public interest. Delays when fishing recreationally for BFT (i.e., quota monitoring and inseason in increasing daily recreational BFT three BFT measuring 27 to less than 47 adjustments. retention limit would adversely affect inches, and one BFT measuring 47 to HMS Angling and HMS Charter/ those HMS Angling and Charter/ Headboat category permit holders may less than 73 inches). These retention Headboat category vessels that would catch and release (or tag and release) limits are effective in all areas, except otherwise have an opportunity to for the Gulf of Mexico, where NMFS BFT of all sizes, subject to the harvest more than the default retention prohibits targeted fishing for BFT. requirements of the catch-and-release limit of one school, large school, or Regardless of the duration of a fishing and tag-and-release programs at small medium BFT per day/trip and trip, the daily retention limit applies § 635.26. Anglers are also reminded that may exacerbate the problem of low upon landing. For example, whether a all BFT that are released must be catch rates and quota rollovers. Analysis private vessel (fishing under the handled in a manner that will maximize of available data shows that adjustment Angling category retention limit) takes a survival, and without removing the fish to the BFT daily retention limit from the two-day trip or makes two trips in one from the water, consistent with default level would result in minimal day, the day/trip limit of two school requirements at § 635.21(a)(1). For BFT and one large school/small medium additional information on safe handling, risks of exceeding the ICCAT-allocated BFT applies and may not be exceeded see the ‘‘Careful Catch and Release’’ quota. NMFS provides notification of upon landing. brochure available at https:// retention limit adjustments by NMFS anticipates that the BFT daily www.fisheries.noaa.gov/resource/ publishing the notice in the Federal retention limits in this action will result outreach-and-education/careful-catch- Register, emailing individuals who have in landings during 2018 that would not and-release-brochure. subscribed to the Atlantic HMS News exceed the available subquotas. Lower electronic newsletter, and updating the retention limits could result in Classification information posted on the Atlantic substantial underharvest of the codified The Assistant Administrator for Tunas Information Line and on Angling category subquota, and NMFS (AA) finds that it is impracticable hmspermits.noaa.gov. Therefore, the AA increasing the daily limits further may and contrary to the public interest to finds good cause under 5 U.S.C. risk exceeding the available quota, provide prior notice of, and an 553(b)(B) to waive prior notice and the contrary to the objectives of the 2006 opportunity for public comment on, this opportunity for public comment. For Consolidated HMS FMP and action for the following reasons: these reasons, there also is good cause amendments. NMFS considered input The regulations implementing the under 5 U.S.C. 553(d) to waive the 30- on 2018 recreational limits from the 2006 Consolidated HMS FMP and day delay in effectiveness.

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This action is being taken under for use in developing annual utilize the best available science and § 635.23(b)(3), and is exempt from management measures beginning in address concerns that the existing review under Executive Order 12866. 2018. These new management measures measures were overly conservative. The Authority: 16 U.S.C. 971 et seq. and 1801 replace existing measures, which have Council transmitted their et seq. been in place since 2012, with updated recommendation to NMFS on December salmon abundance modeling methods 6, 2017. NMFS published a proposed Dated: April 23, 2018. that utilize the best available science rule on February 22, 2018 (83 FR 7650) Jennifer M. Wallace, and address concerns that the existing and accepted comments through March Acting Director, Office of Sustainable measures were overly conservative. 9, 2018. The rationale for and effects of Fisheries. National Marine Fisheries Service. DATES: This final rule is effective April the rule are described in more detail in [FR Doc. 2018–08783 Filed 4–23–18; 4:15 pm] 25, 2018. the proposed rule. BILLING CODE 3510–22–P FOR FURTHER INFORMATION CONTACT: The management measures approved Peggy Mundy at (206) 526–4323. in this final rule are unchanged from the DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: proposed rule and consist of two parts. Part one is the continued use of season National Oceanic and Atmospheric Background and size restrictions that were included Administration Ocean salmon fisheries off the coasts in the 2012 management measures (see of Washington, Oregon, and California Table 1, below). Part two is a harvest 50 CFR Part 660 are managed by the Council and NMFS control rule, recommended by the [Docket No. 171031999–8355–02] according to the FMP. The FMP Council, which uses juvenile survival includes harvest controls that are used (i.e., fry to the end of age-two in the RIN 0648–BH40 to manage salmon stocks sustainably. ocean) to model a forecast of age-three The FMP also requires that the Council escapement absent fishing (escapement). Fisheries Off West Coast States; West manage fisheries consistent with The model used is a modification of the Coast Salmon Fisheries; Management ‘‘consultation standards’’ for stocks approach described in Winship et al. Measures To Limit Fishery Impacts on listed as endangered or threatened (2014) and is detailed in O’Farrell et al. Sacramento River Winter-Run Chinook under the Endangered Species Act (2016). The harvest control rule uses a Salmon (ESA) for which NMFS has issued forward-looking forecast rather than the AGENCY: National Marine Fisheries biological opinions. At its November previously used hind-cast methodology. Service (NMFS), National Oceanic and 2017 meeting, the Council adopted a The new harvest control rule sets the Atmospheric Administration (NOAA), preferred alternative for new maximum allowable age-three impact Commerce. management measures to limit fishery rate based on the forecast escapement. ACTION: Final rule. impacts to endangered SRWC, including At escapement above 3,000, the a harvest control rule, to replace allowable impact rate is fixed at 20 SUMMARY: NMFS issues a final rule to measures that have been in place since percent. At escapement between 3,000 approve new fishery management 2012. The Council developed these new and 500, the allowable impact rate measures to limit incidental catch of management measures over a two-year declines linearly from 20 percent to 10 endangered Sacramento River winter- period that included discussion at percent. At escapement between 500 run Chinook salmon (SRWC) in fisheries several public meetings, which and 0, the allowable impact rate managed under the Pacific Fishery provided opportunity for public declines linearly from 10 percent to 0 Management Council’s (Council) Pacific comment. These new management percent, thus providing fishing Salmon Fishery Management Plan measures include updated salmon opportunity at all levels of SRWC (FMP), as recommended by the Council abundance modeling methods that abundance. See Figure 1. TABLE 1—FISHING SEASON AND SIZE RESTRICTIONS FOR OCEAN CHINOOK SALMON FISHERIES, SOUTH OF POINT ARENA, CALIFORNIA

Minimum Fishery Location Shall open no earlier than Shall close no later than size limit (total length 1) shall be

Recreational ...... Between Point Arena and Pigeon Point ...... 1st Saturday in April ...... 2nd Sunday in November ..... 20 inches. Between Pigeon Point and the U.S./Mexico border ...... 1st Saturday in April ...... 1st Sunday in October. Commercial ...... Between Point Arena and the U.S./Mexico border † ...... May 1 ...... September 30 † ...... 26 inches. † Exception: Between Point Reyes and Point San Pedro, there may be an October commercial fishery conducted Monday through Friday, but shall end no later than October 15. 1 Total length of salmon means the shortest distance between the tip of the snout or jaw (whichever extends furthest while the mouth is closed) and the tip of the longest lobe of the tail, without resort to any force or mutilation of the salmon other than fanning or swinging the tail (50 CFR 660.402).

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Response to Comments human environment and has signed a 114112), and other commercial marine NMFS accepted comments on the finding of no significant impact. fishing (NAICS 114119) businesses (50 proposed rule to approve new fishery This rule has been determined to be CFR 200.2; 13 CFR 121.201). management measures through March 9, not significant for purposes of Executive The final rule approves a harvest 2018. We received no comments on the Order 12866. control rule that specifies the annual proposed rule. NMFS is not proposing As required by section 603 of the amount of fishery impact that will be any changes from the proposed rule. Regulatory Flexibility Act (RFA), a Final allowed on ESA-listed SRWC and, Regulatory Flexibility Analysis (FRFA) thereby, affect the fishing opportunity References Cited was prepared. The FRFA describes the available in the area south of Point O’Farrell, M., N. Hendrix, and M. Mohr. economic impact this final rule will Arena, CA. This will affect commercial 2016. An evaluation of preseason have on small entities. A summary of and recreational fisheries. Using the abundance forecasts for Sacramento the analysis follows. A copy of this high from the last 3 years, 153 River winter Chinook salmon. Pacific analysis is available from NMFS. commercial trollers are likely to be Fishery Management Council Briefing Provision is made under SBA’s impacted by this rule, all of whom Book for November 2016, 35p. SRWC Workgroup. 2017. Further evaluation regulations for an agency to develop its would be considered small businesses. of Sacramento River winter Chinook own industry-specific size standards The 16–25 commercial vessels who control rules, dated October 18, 2017. after consultation with Advocacy and an have greater than 75 percent of their Pacific Fishery Management Council opportunity for public comment (see 13 annual revenue from Chinook salmon Briefing Book for November 2017, 9 p. CFR 121.903(c)). NMFS has established south of Point Arena would be most Winship, A. J., M. R. O’Farrell, and M. S. a small business size standard for impacted by this rule. Charter license Mohr. 2014. Fishery and hatchery effects businesses, including their affiliates, holders operating south of Point Arena on an endangered salmon population whose primary industry is commercial will be directly regulated under the with low productivity. Transactions of fishing (80 FR 81194, December 29, updated harvest control rule. The the American Fisheries Society 143, 957–971. 2015). This standard is only for use by number of license holders has NMFS and only for the purpose of fluctuated with harvest levels, varying Classification conducting an analysis of economic from 70 in 2010 to 93 in 2014. Of these, Pursuant to section 304(b)(1)(A) of the effects in fulfillment of the agency’s 20–50 vessels could be considered MSA, the Assistant Administrator for obligations under the RFA. ‘‘active’’, landing more than 100 salmon Fisheries (AA) has determined that this NMFS’ small business size standard in the year. The final rule impacts about final rule is consistent with the Pacific for businesses, including their affiliates, 90 charter boat entities, about 50 of Salmon Fishery Management Plan, the whose primary industry is commercial whom were ‘‘active’’ in peak years MSA, and other applicable law. fishing is $11 million in annual gross (2013–2014). In summary, this rule will The actions taken through this final receipts. This standard applies to all directly impact about 250 entities made rule have been analyzed in an businesses classified under North up of commercial and charter vessels, environmental assessment, under the American Industry Classification with about 75 of these highly active in National Environmental Policy Act System (NAICS) code 11411 for the fishery and likely to experience the (NEPA). The West Coast Regional commercial fishing, including all largest impacts, in proportion to their Administrator determined that the businesses classified as commercial total participation. actions of this final rule will not finfish fishing (NAICS 114111), The action includes a de minimis significantly impact the quality of the commercial shellfish fishing (NAICS provision and would allow impacts at

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all non-zero forecast abundance. prudent alternatives in the jeopardy Dated: April 23, 2018. Because of this feature, this action is biological opinions. Samuel D. Rauch, III, unlikely to result in fishery closure in The AA finds that good cause exists Deputy Assistant Administrator for the analysis area. The selected under 5 U.S.C. 553(d)(3), to waive the Regulatory Programs, National Marine alternative also provides increased 30-day delay in effectiveness. This rule Fisheries Service. certainty to operators over the status implements changes in management [FR Doc. 2018–08767 Filed 4–25–18; 8:45 am] quo, in which the Council has elected measures to limit incidental catch of BILLING CODE 3510–22–P lower impact rates than specified by the endangered SRWC in fisheries managed current control rule. Therefore, this under the Council’s FMP; these action would be expected to have a DEPARTMENT OF COMMERCE management measures will be used in positive impact of low magnitude on setting ocean salmon fisheries, economic benefits to fishery-dependent National Oceanic and Atmospheric beginning in 2018. As previously communities that would vary year-to- Administration year, but not likely to be significant. discussed, the actions in this rule were Commercial trollers and charter developed through the Council process. 50 CFR Part 679 The actions were adopted by the operators face a variety of constraining [Docket No. 170816769–8162–02] stocks. In no year has SWRC been the Council over multiple Council meetings only constraining stock. Entities are and the final recommendation was RIN 0648–XG192 constrained by both ESA-listed and non- transmitted to NMFS in December 2017. listed species; the years that had the Subsequently, NMFS completed a draft Fisheries of the Economic Exclusive most constrained fisheries in the last NEPA analysis to accompany the Zone Off Alaska; Deep-Water Species decade were 2008 and 2009, when proposed rule. In order to complete this Fishery by Vessels Using Trawl Gear in fisheries in the analysis area were work and include a meaningful public the Gulf of Alaska comment opportunity on the proposed closed to limit impacts to Sacramento AGENCY: National Marine Fisheries rule, this rulemaking could not be River fall Chinook, not an ESA-listed Service (NMFS), National Oceanic and completed sooner. The Council species, rather than the ESA-listed Atmospheric Administration (NOAA), developed 2018 ocean salmon fishery species SRWC. Thus, while entities will Commerce. likely continue to face constraints management measures at their April 5– ACTION: Temporary rule; closure. relative to fishing opportunities, 11, 2018 meeting based on the new because the action is expected to management framework described in SUMMARY: NMFS is prohibiting directed provide low-positive benefits to both this rule. Delaying the effectiveness of fishing for species that comprise the commercial and charter operators, the actions in this rule by 30 days deep-water species fishery by vessels NMFS does not expect the rule to would complicate NMFS’ ability to using trawl gear in the Gulf of Alaska impose significant negative economic make determinations regarding those (GOA). This action is necessary because effects. ocean salmon fishery management the second seasonal apportionment of This final rule does not establish any measures that manage fishery impacts the Pacific halibut bycatch allowance new reporting or recordkeeping on SRWC consistent with the best specified for the deep-water species requirements. This final rule does not available science prior to May 1, 2018, fishery in the GOA will be reached. include a collection of information. No when significant salmon fisheries start. DATES: Effective 1200 hours, Alaska Federal rules have been identified that Because delaying the effectiveness of local time, April 23, 2018, through 1200 duplicate, overlap, or conflict with this this rule would mean delaying the hours, A.l.t., May 15, 2018. action. effectiveness of salmon fishery This action is the subject of a management measures based on the best FOR FURTHER INFORMATION CONTACT: Josh consultation under section 7 of the ESA. available science, it would undermine Keaton, 907–586–7228. NMFS has prepared a biological opinion the purposes of this agency action and SUPPLEMENTARY INFORMATION: NMFS on the effects of this action on SRWC. the requirements of the Magnuson- manages the groundfish fishery in the The biological opinion concluded that Stevens Act (MSA). Specifically, the GOA exclusive economic zone the action does not jeopardize SRWC. management framework described in according to the Fishery Management This action is not expected to have this rule relies on new abundance Plan for Groundfish of the Gulf of adverse effects on any other species forecasting methodology that is forward- Alaska (FMP) prepared by the North listed under the ESA or designated looking and thus takes into account Pacific Fishery Management Council critical habitat. This action implements environmental conditions that could under authority of the Magnuson- a new harvest control rule to limit affect abundance in the future. This is Stevens Fishery Conservation and impacts on SRWC from the ocean the best available science on which to Management Act. Regulations governing salmon fishery and will be used in the base decisions about fishery impacts on fishing by U.S. vessels in accordance setting of annual management measures SRWC. with the FMP appear at subpart H of 50 for West Coast salmon fisheries. NMFS CFR part 600 and 50 CFR part 679. has current ESA biological opinions that This final rule was developed after The second seasonal apportionment cover fishing under annual regulations meaningful collaboration with West of the Pacific halibut bycatch allowance adopted under the FMP on all ESA- Coast tribes, through the Council specified for the trawl deep-water listed salmon species. Some of NMFS process. Under the MSA at 16 U.S.C. species fishery in the GOA is 256 metric past biological opinions have found no 1852(b)(5), one of the voting members of tons as established by the final 2018 and jeopardy, and others have found the Council must be a representative of 2019 harvest specifications for jeopardy, but provided reasonable and an Indian Tribe with Federally groundfish of the GOA (83 FR 8768, prudent alternatives to avoid jeopardy. recognized fishing rights from the area March 1, 2018), for the period 1200 The annual management measures are of the Council’s jurisdiction. No tribes hours, A.l.t., April 1, 2018, through designed to be consistent with the with Federally recognized fishing rights 1200 hours, A.l.t., July 1, 2018. biological opinions that found no are expected to be affected by this rule. In accordance with § 679.21(d)(6)(i), jeopardy, and with the reasonable and Authority: 16 U.S.C. 1801 et seq. the Administrator, Alaska Region,

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NMFS, has determined that the second Classification public comment because the most seasonal apportionment of the Pacific recent, relevant data only became halibut bycatch allowance specified for This action responds to the best available as of April 20, 2018. the trawl deep-water species fishery in available information recently obtained The AA also finds good cause to the GOA will be reached. Consequently, from the fishery. The Assistant waive the 30-day delay in the effective NMFS is prohibiting directed fishing for Administrator for Fisheries, NOAA date of this action under 5 U.S.C. the deep-water species fishery by (AA), finds good cause to waive the 553(d)(3). This finding is based upon requirement to provide prior notice and vessels using trawl gear in the GOA. The the reasons provided above for waiver of opportunity for public comment species and species groups that prior notice and opportunity for public pursuant to the authority set forth at 5 comprise the deep-water species fishery comment. U.S.C. 553(b)(B) as such requirement is include sablefish, rockfish, deep-water This action is required by § 679.21 impracticable and contrary to the public flatfish, rex sole, and arrowtooth and is exempt from review under interest. This requirement is Executive Order 12866. flounder. This closure does not apply to impracticable and contrary to the public Authority: 16 U.S.C. 1801 et seq. fishing by vessels participating in the interest as it would prevent NMFS from cooperative fishery in the Rockfish responding to the most recent fisheries Dated: April 23, 2018. Program for the Central GOA. data in a timely fashion and would Jennifer M. Wallace, After the effective date of this closure delay the closure of the deep-water Acting Director, Office of Sustainable the maximum retainable amounts at species fishery by vessels using trawl Fisheries, National Marine Fisheries Service. § 679.20(e) and (f) apply at any time gear in the GOA. NMFS was unable to [FR Doc. 2018–08782 Filed 4–23–18; 4:15 pm] during a trip. publish a notice providing time for BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 83, No. 81

Thursday, April 26, 2018

This section of the FEDERAL REGISTER telephone: (202) 267–8783. The Order is ADDRESSES section for address and contains notices to the public of the proposed also available for inspection at the phone number). You may also submit issuance of rules and regulations. The National Archives and Records comments through the internet at http:// purpose of these notices is to give interested Administration (NARA). For www.regulations.gov. persons an opportunity to participate in the information on the availability of FAA Commenters wishing the FAA to rule making prior to the adoption of the final acknowledge receipt of their comments rules. Order 7400.11B at NARA, call (202) 741–6030, or go to https:// on this action must submit with those www.archives.gov/federal-register/cfr/ comments a self-addressed, stamped DEPARTMENT OF TRANSPORTATION ibr-locations.html. postcard on which the following FAA Order 7400.11, Airspace statement is made: ‘‘Comments to FAA Federal Aviation Administration Designations and Reporting Points, is Docket No. FAA–2018–0221; Airspace published yearly and effective on Docket No. 17–ANM–24.’’ The postcard 14 CFR Part 71 September 15. will be date/time stamped and returned FOR FURTHER INFORMATION CONTACT: to the commenter. [Docket No. FAA–2018–0221; Airspace All communications received on or Docket No. 17–ANM–24] Kenneth Ready, Airspace Policy Group, Office of Airspace Services, Federal before the specified comment closing RIN 2120–AA66 Aviation Administration, 800 date will be considered before taking action on the proposed rule. The Proposed Amendment, Revocation, Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. proposal contained in this action may and Establishment of Multiple Air be changed in light of comments Traffic Service (ATS) Routes; Western SUPPLEMENTARY INFORMATION: received. All comments submitted will United States Authority for This Rulemaking be available for examination in the public docket both before and after the AGENCY: Federal Aviation The FAA’s authority to issue rules comment closing date. A report Administration (FAA), DOT. regarding aviation safety is found in summarizing each substantive public ACTION: Notice of proposed rulemaking Title 49 of the United States Code. contact with FAA personnel concerned (NPRM). Subtitle I, Section 106 describes the with this rulemaking will be filed in the authority of the FAA Administrator. docket. SUMMARY: This action proposes to Subtitle VII, Aviation Programs, amend three United States Area describes in more detail the scope of the Availability of NPRMs Navigation (RNAV) Routes (T–274, T– agency’s authority. This rulemaking is An electronic copy of this document 276, T–302), remove one RNAV route promulgated under the authority may be downloaded through the (T–304), and establish five RNAV routes described in Subtitle VII, Part A, internet at http://www.regulations.gov. (T–268, T–317, T–328, T–332, T–355) in Subpart I, Section 40103. Under that Recently published rulemaking the western United States. The routes section, the FAA is charged with documents can also be accessed through would promote operational efficiencies prescribing regulations to assign the use the FAA’s web page at http:// for users and provide connectivity to of the airspace necessary to ensure the www.faa.gov/air_traffic/publications/ current and proposed RNAV enroute safety of aircraft and the efficient use of airspace_amendments/. and terminal procedures. airspace. This regulation is within the You may review the public docket DATES: Comments must be received on scope of that authority as it would containing the proposal, any comments or before June 11, 2018. amend the route structure as necessary received and any final disposition in ADDRESSES: Send comments on this to support the continuity of the airways person in the Dockets Office (see proposal to the U.S. Department of within the National Airspace System. ADDRESSES section for address and Transportation, Docket Operations, 1200 phone number) between 9:00 a.m. and Comments Invited New Jersey Avenue SE, West Building 5:00 p.m., Monday through Friday, Ground Floor, Room W12–140, Interested parties are invited to except Federal holidays. An informal Washington, DC 20590; telephone: 1 participate in this proposed rulemaking docket may also be examined during (800) 647–5527, or (202) 366–9826. You by submitting such written data, views, normal business hours at the office of must identify FAA Docket No. FAA– or arguments, as they may desire. the Western Service Center, Operations 2018–0221; Airspace Docket No. 17– Comments that provide the factual basis Support Group, Federal Aviation ANM–24 at the beginning of your supporting the views and suggestions Administration, 2200 South 216th St., comments. You may also submit presented are particularly helpful in Des Moines, WA 98198. comments through the internet at http:// developing reasoned regulatory www.regulations.gov. decisions on the proposal. Comments Availability and Summary of FAA Order 7400.11B, Airspace are specifically invited on the overall Documents for Incorporation by Designations and Reporting Points, and regulatory, aeronautical, economic, Reference subsequent amendments can be viewed environmental, and energy-related This document proposes to amend online at http://www.faa.gov/air_traffic/ aspects of the proposal. FAA Order 7400.11B, airspace publications/. For further information, Communications should identify both Designations and Reporting Points, you can contact the Airspace Policy docket numbers (FAA Docket No. FAA– dated August 3, 2017, and effective Group, Federal Aviation 2018–0221; Airspace Docket No. 17– September 15, 2017. FAA Order Administration, 800 Independence ANM–24) and be submitted in triplicate 7400.11B is publicly available as listed Avenue SW, Washington, DC 20591; to the Docket Management Facility (see in the ADDRESSES section of this

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document. FAA Order 7400.11B lists and terminating just prior to Los Oregon airports. On the south end, the Class A, B, C, D, and E airspace areas, Angeles ARTCC airspace. route links to the existing T–263. To the air traffic service routes, and reporting T–276: T–276 would be amended to north it provides a route west of Seattle points. extend west to Ocean Shores, WA and Class B airspace to Bellingham, WA, to the east, providing a route through and the Canadian border. Background the Columbia Gorge, bordering the United States Area Navigation Routes The Seattle, Salt Lake City, Oakland, Boardman MOA to the north. The route are published in paragraph 6011 of FAA Denver, and Minneapolis Air Route continues east past Walla Walla, WA, Order 7400.11B dated August 3, 2017, Traffic Control Centers (ARTCCs) Missoula, Great Falls, and Lewistown, and effective September 15, 2017, which propose to amend three RNAV T-routes, MT, bordering the HAYS MOA to the is incorporated by reference in 14 CFR remove one RNAV T-route, and east, terminating at Glasgow, MT. establish five new RNAV T-routes. T–302: T–302 would be amended to 71.1. The United States Area Navigation These RNAV routes will support the extend to the southeast providing an Routes listed in this document will be low altitude route structure in the above RNAV route bordering the JUNIPER and subsequently published in the Order. listed ARTCCs airspace providing routes SADDLE MOAs. The route continues Regulatory Notices and Analyses around congested airspace, routing past Boise, ID, and Twin Falls, ID, then around special use airspace (SUA), southeast to Rock Springs, WY. From The FAA has determined that this lower minimum enroute altitudes Rock Springs, the route continues east, proposed regulation only involves an (MEAs) across mountainous terrain, terminating at LLUKY waypoint south established body of technical provide connectivity to instrument of LAKEANDES MOA in Nebraska. This regulations for which frequent and approach procedures (IAPs) at airports, route provides connectivity to terminal routine amendments are necessary to while minimizing traffic congestion instrument approach procedures at keep them operationally current. It, within ARTCC and terminal control several airports. therefore: (1) Is not a ‘‘significant airspaces. T–304: T–304 would be removed. regulatory action’’ under Executive Additionally, FAA policy states even T–317: T–317 would be established Order 12866; (2) is not a ‘‘significant numbered route points are listed west to from the Newman, TX (EWM), VORTAC rule’’ under Department of east and odd numbered routes points to Astoria, OR (AST), VOR/DME. T–317 Transportation (DOT) Regulatory are listed south to north. Currently, will provide an RNAV route replacing Policies and Procedures (44 FR 11034; route T–304 is an even numbered route portions of V–187, which was affected February 26, 1979); and (3) does not extending north and south. Due to this by the discontinuance of the McChord warrant preparation of a regulatory amendment the route is oriented south VORTAC. evaluation as the anticipated impact is to north which dictates a number T–328: T–328 would be established so minimal. Since this is a routine change to an odd numbered route. from the ORCUS, WA, fix to the matter that will only affect air traffic Hence, the reasoning for deletion of KARSH, MT, fix. T–328 is a new airway procedures and air navigation, it is route T–304. This proposed amendment that provides a route across the Cascade certified that this proposed rule, when corrects the numbering of the route and Mountain Range in northern promulgated, will not have a significant will be in line with current policy. Washington state where no low altitude economic impact on a substantial airways exist today. This route borders number of small entities under the The Proposal the Okanogan MOA to the south, criteria of the Regulatory Flexibility Act. The FAA is proposing an amendment providing a safe route around the to Title 14, Code of Federal Regulations airspace. The airway borders the Environmental Review (14 CFR) part 71 to amend United States Spokane terminal airspace and connects This proposal will be subject to an RNAV routes T–274, T–276, T–302; with instrument approach procedures, environmental analysis in accordance remove route T–304, and establish providing a seamless transition from with FAA Order 1050.1F, United States RNAV routes T–268, T– enroute to the landing phase of flight. ‘‘Environmental Impacts: Policies and T–332: T–332 would be established 317, T–328, T–332, T–355. The Procedures’’ prior to any FAA final from the ZONUV, WA, waypoint to the proposed route changes are outlined regulatory action. below. ROZTY, WA, waypoint. T–332 is a new T–268: T–268 would be established route across the Cascade Mountain List of Subjects in 14 CFR Part 71 from the Tatooush, WA (TOU), Range in northern Washington state. VORTAC to Bismarck, ND (BIS), VOR/ This route is a shorter route through the Airspace, Incorporation by reference, DME. T–268 provides a route structure Okanogan MOA, to be used when Navigation (air). around Seattle Class B airspace to the released for joint use. This route The Proposed Amendment northwest extending east, providing the provides an MEA of 10,700 feet, which lowest MEA across the Cascade is 1,000 feet lower than another route to In consideration of the foregoing, the Mountain Range, lower than existing the south. This route saves over 60 Federal Aviation Administration victor airways where icing conditions flying miles to get to a low MEA across proposes to amend 14 CFR part 71 as are prevalent. The airway extends east the mountain range where icing follows: through air traffic control terminal conditions are prevalent. airspace areas, borders the Powder River T–355: T–355 would be established to PART 71—DESIGNATION OF CLASS A, Military Operations Areas (MOAs) to extend south and north of the previous B, C, D, AND E AIRSPACE AREAS; AIR the north, and terminates in North airway T–304, thus replacing the TRAFFIC SERVICE ROUTES; AND Dakota. original west to east T–304 airway. T– REPORTING POINTS T–274: T–274 would be amended to 355 will extend north and south of the provide a route across the Cascade original T–304 route to provide greater ■ 1. The authority citation for part 71 Mountain Range in central Oregon. utility for air traffic. The route provides continues to read as follows: Once east of the mountain range, it crossings of the Cascade Mountain Authority: 49 U.S.C. 106(f), 106(g); 40103, provides a RNAV route between and Range and provides for connectivity to 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, past several MOAs, past Reno, Nevada terminal areas in the Bend and Medford, 1959–1963 Comp., p. 389.

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§ 71.1 [Amended] Points, dated August 3, 2017 and Paragraph 6011—United States Area ■ 2. The incorporation by reference in effective September 15, 2017, is Navigation Routes. 14 CFR 71.1 of FAA Order 7400.11B, amended as follows: Airspace Designations and Reporting

T–268 TATOOSH, WA (TOU) to BISMARCK, ND (BIS) [New] TATOOSH, WA (TOU) ...... VORTAC ...... (lat. 48°17′59.64″ N, long. 124°37′37.36″ W) HEMER, WA ...... WP ...... (lat. 48°21′52.95″ N, long. 124°23′26.86″ W) YUCSU, WA ...... FIX ...... (lat. 48°11′20.81″ N, long. 123°54′25.64″ W) WATTR, WA ...... FIX ...... (lat. 48°08′21.35″ N, long. 122°56′27.97″ W) WOODI, WA ...... FIX ...... (lat. 47°46′07.46″ N, long. 121°51′47.70″ W) BANDR, WA ...... FIX ...... (lat. 47°15′30.14″ N, long. 121°29′32.11″ W) MERFF, WA ...... WP ...... (lat. 47°02′12.58″ N, long. 120°27′28.25″ W) MOSES LAKE, WA (MWH) ...... VOR/DME ...... (lat. 47°12′39.11″ N, long. 119°19′00.54″ W) SPOKANE, WA (GEG) ...... VORTAC ...... (lat. 47°33′53.80″ N, long. 117°37′36.79″ W) MULLAN PASS, ID (MLP) ...... VOR/DME ...... (lat. 47°27′24.85″ N, long. 115°38′45.76″ W) MISSOULA, MT (MSO) ...... VOR/DME ...... (lat. 46°54′28.68″ N, long. 114°05′01.15″ W) HELENA, MT (HLN) ...... VORTAC ...... (lat. 46°36′24.56″ N, long. 111°57′12.51″ W) CONNS, MT ...... FIX ...... (lat. 46°16′06.81″ N, long. 111°04′55.70″ W) NUKUW, MT ...... FIX ...... (lat. 46°04′09.77″ N, long. 110°51′18.39″ W) SUBKY, MT ...... FIX ...... (lat. 45°44′00.60″ N, long. 109°57′37.27″ W) BILLINGS, MT (BIL) ...... VORTAC ...... (lat. 45°48′30.81″ N, long. 108°37′28.73″ W) MILES CITY, MT (MLS) ...... VOR/DME ...... (lat. 46°22′56.02″ N, long. 105°57′12.72″ W) DICKINSON, ND (DIK) ...... VORTAC ...... (lat. 46°51′36.14″ N, long. 102°46′24.60″ W) BISMARCK, ND (BIS) ...... VOR/DME ...... (lat. 46°45′42.34″ N, long. 100°39′55.47″ W)

* * * * *

T–274 NEWPORT, OR (ONP) to LIDAT, NV [Amended] NEWPORT, OR (ONP) ...... VORTAC ...... (lat. 44°34′31.26″ N, long. 124°03′38.14″ W) WESHH, OR ...... WP ...... (lat. 44°38′50.00″ N, long. 123°35′32.35″ W) CRAAF, OR ...... FIX ...... (lat. 44°45′37.17″ N, long. 123°21′05.90″ W) JAIME, OR ...... FIX ...... (lat. 44°25′07.17″ N, long. 122°36′28.01″ W) MMASN, OR ...... WP ...... (lat. 44°21′15.22″ N, long. 121°15′36.06″ W) FASAB, OR ...... WP ...... (lat. 42°23′22.00″ N, long. 120°23′51.65″ W) NUSME, CA ...... WP ...... (lat. 41°53′43.18″ N, long. 120°20′35.71″ W) RUFUS, CA ...... WP ...... (lat. 41°26′00.00″ N, long. 120°00′00.00″ W) MUSTANG, NV (FMG) ...... VORTAC ...... (lat. 39°31′52.60″ N, long. 119°39′21.87″ W) COALDALE, NV (OAL) ...... VORTAC ...... (lat. 38°00′11.74″ N, long. 117°46′13.61″ W) LIDAT, NV ...... FIX ...... (lat. 37°25′48.67″ N, long. 117°16′41.00″ W)

* * * * *

T–276 WAVLU, WA to GLASGOW, MT (GGW) [Amended] WAVLU, WA ...... FIX ...... (lat. 46°50′00.90″ N, long. 124°06′35.70″ W) WINLO, WA ...... FIX ...... (lat. 46°27′27.26″ N, long. 123°06′03.90″ W) COUGA, WA ...... FIX ...... (lat. 46°05′31.23″ N, long. 122°40′38.59″ W) CARBY, WA ...... FIX ...... (lat. 45°44′05.96″ N, long. 121°55′31.67″ W) VECCU, WA ...... FIX ...... (lat. 45°40′53.27″ N, long. 120°52′00.64″ W) WALLA WALLA, WA (ALW) ...... VOR/DME ...... (lat. 46°05′13.11″ N, long. 118°17′33.13″ W) RENGO, WA ...... FIX ...... (lat. 46°20′08.16″ N, long. 117°50′42.07″ W) HENVO, ID ...... WP ...... (lat. 46°19′48.06″ N, long. 116°37′33.04″ W) OFINO, ID ...... FIX ...... (lat. 46°31′19.36″ N, long. 116°09′54.90″ W) FRYMN, MT ...... FIX ...... (lat. 47°17′32.40″ N, long. 111°38′36.84″ W) YOGOS, MT ...... FIX ...... (lat. 47°19′30.51″ N, long. 110°49′37.75″ W) EVBUJ, MT ...... WP ...... (lat. 47°03′09.79″ N, long. 109°44′19.14″ W) ITEVE, MT ...... WP ...... (lat. 47°02′12.69″ N, long. 109°10′20.79″ W) WUDEY, MT ...... WP ...... (lat. 47°20′13.56″ N, long. 106°56′58.95″ W) GLASGOW, MT (GGW) ...... VOR/DME ...... (lat. 48°12′55.10″ N, long. 106°37′31.51″ W)

* * * * *

T–302 CUKIS, OR to LLUKY, NE [Amended] CUKIS, OR ...... WP ...... (lat. 45°20′59.59″ N, long. 122°21′49.41″ W) CUPRI, OR ...... FIX ...... (lat. 44°37′03.76″ N, long. 121°15′13.89″ W) WILDHORSE, OR (ILR) ...... VOR/DME ...... (lat. 43°35′35.27″ N, long. 118°57′18.18″ W) JOSTN, OR ...... WP ...... (lat. 43°34′16.92″ N, long. 117°53′51.34″ W) PARMO, ID ...... FIX ...... (lat. 43°45′32.78″ N, long. 116°49′10.43″ W) TOXEE, ID ...... FIX ...... (lat. 42°41′41.81″ N, long. 114°27′13.10″ W) JADUP, ID ...... WP ...... (lat. 42°44′32.00″ N, long. 113°42′15.22″ W) ROCK SPRINGS, WY (OCS) ...... VOR/DME ...... (lat. 41°35′24.76″ N, long. 109°00′55.18″ W)

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FIKLA, WY ...... WP ...... (lat. 41°56′20.50″ N, long. 106°57′11.03″ W) MEDICINE BOW, WY (MBW) ...... VOR/DME ...... (lat. 41°50′43.88″ N, long. 106°00′15.42″ W) SCOTTSBLUFF, NE (BFF) ...... VORTAC ...... (lat. 41°53′38.99″ N, long. 103°28′55.31″ W) WAKPA, NE ...... WP ...... (lat. 42°03′21.64″ N, long. 103°04′57.99″ W) ALLIANCE, NE (AIA) ...... VOR/DME ...... (lat. 42°03′20.27″ N, long. 102°48′16.00″ W) MARSS, NE ...... FIX ...... (lat. 42°27′48.92″ N, long. 100°36′15.32″ W) PUKFA, NE ...... WP ...... (lat. 42°22′59.52″ N, long. 099°59′36.42″ W) GIYED, NE ...... FIX ...... (lat. 42°30′22.02″ N, long. 099°08′05.55″ W) LLUKY, NE ...... WP ...... (lat. 42°29′20.26″ N, long. 098°38′11.44″ W)

* * * * * T–304 GLARA, OR to HERBS, OR [Removed] * * * * *

T–317 NEWMAN, TX (EWM) to ASTORIA, OR (AST) [New] NEWMAN, TX (EWM) ...... VORTAC ...... (lat. 31°57′06.28″ N, long. 106°16′20.64″ W) MOLLY, NM ...... FIX ...... (lat. 32°03′47.91″ N, long. 106°43′27.24″ W) TRUTH OR CONSEQUENCES, NM (TCS) .. VORTAC ...... (lat. 33°16′57.01″ N, long. 107°16′49.97″ W) SOCORRO, NM (ONM) ...... VORTAC ...... (lat. 34°20′20.04″ N, long. 106°49′13.69″ W) YECUG, NM ...... WP ...... (lat. 34°59′18.02″ N, long. 106°59′58.00″ W) AWASH, NM ...... FIX ...... (lat. 35°16′35.44″ N, long. 106°59′15.33″ W) RATTLESNAKE, NM (RSK) ...... VORTAC ...... (lat. 36°44′54.21″ N, long. 108°05′56.04″ W) GRAND JUNCTION, CO (JNC) ...... VOR/DME ...... (lat. 39°03′34.44″ N, long. 108°47′33.27″ W) ROCK SPRINGS, WY (OCS) ...... VOR/DME ...... (lat. 41°35′24.76″ N, long. 109°00′55.18″ W) SWEAT, WY ...... FIX ...... (lat. 42°26′35.02″ N, long. 108°27′10.31″ W) RIVERTON, WY (RIW) ...... VOR/DME ...... (lat. 43°03′56.63″ N, long. 108°27′19.92″ W) FETIK, WY ...... FIX ...... (lat. 43°17′24.59″ N, long. 108°22′03.98″ W) BILLINGS, MT (BIL) ...... VORTAC ...... (lat. 45°48′30.81″ N, long. 108°37′28.73″ W) ZERZO, MT ...... FIX ...... (lat. 46°52′25.99″ N, long. 110°05′08.51″ W) GREAT FALLS, MT (GTF) ...... VORTAC ...... (lat. 47°26′59.93″ N, long. 111°24′43.79″ W) MISSOULA, MT (MSO) ...... VOR/DME ...... (lat. 46°54′28.68″ N, long. 114°05′01.15″ W) NEZ PERCE, ID (MQG) ...... VOR/DME ...... (lat. 46°22′53.61″ N, long. 116°52′10.24″ W) PASCO, WA (PSC) ...... VOR/DME ...... (lat. 46°16′12.96″ N, long. 119°07′02.27″ W) MERFF, WA ...... WP ...... (lat. 47°02′12.58″ N, long. 120°27′28.25″ W) MOUNT, WA ...... FIX ...... (lat. 47°06′19.17″ N, long. 121°54′17.49″ W) FESAS, WA ...... WP ...... (lat. 47°05′13.84″ N, long. 122°44′00.62″ W) ASTORIA, OR (AST) ...... VOR/DME ...... (lat. 46°09′42.11″ N, long. 123°52′49.36″ W)

* * * * *

T–328 ORCUS, WA to KARSH, MT [New] ORCUS, WA ...... FIX ...... (lat. 48°20′39.54″ N, long. 123°07′44.01″ W) BOCAT, WA ...... FIX ...... (lat. 48°20′32.01″ N, long. 122°09′44.74″ W) CREEB, WA ...... FIX ...... (lat. 48°13′00.00″ N, long. 121°20′24.00″ W) ROZSE, WA ...... WP ...... (lat. 48°13′22.57″ N, long. 121°01′45.71″ W) KRUZR, WA ...... FIX ...... (lat. 48°04′38.90″ N, long. 120°34′40.72″ W) SINGG, WA ...... WP ...... (lat. 47°59′30.00″ N, long. 119°00′00.00″ W) ROZTY, WA ...... WP ...... (lat. 48°03′46.12″ N, long. 117°56′38.05″ W) PRRKS, WA ...... WP ...... (lat. 48°08′48.19″ N, long. 117°31′08.00″ W) DAINA, WA ...... WP ...... (lat. 48°08′43.44″ N, long. 117°07′27.78″ W) INOBE, ID ...... FIX ...... (lat. 48°04′54.58″ N, long. 116°45′47.03″ W) KKARP, ID ...... WP ...... (lat. 48°10′18.56″ N, long. 116°14′21.48″ W) KARSH, MT ...... WP ...... (lat. 48°08′52.72″ N, long. 115°07′55.44″ W)

* * * * *

T–332 ZONUV, WA to ROZTY, WA [New] ZONUV, WA ...... WP ...... (lat. 48°34′10.29″ N, long. 122°44′14.63″ W) CRNEL, WA ...... WP ...... (lat. 48°28′19.45″ N, long. 122°13′20.64″ W) AALIX, WA ...... WP ...... (lat. 48°30′15.89″ N, long. 121°45′22.85″ W) BAALE, WA ...... WP ...... (lat. 48°26′42.58″ N, long. 121°24′56.40″ W) SNNDY, WA ...... WP ...... (lat. 48°22′51.69″ N, long. 121°12′38.31″ W) METOO, WA ...... WP ...... (lat. 48°22′59.81″ N, long. 120°07′42.05″ W) ROZTY, WA ...... WP ...... (lat. 48°03′46.12″ N, long. 117°56′38.05″ W)

* * * * *

T–355 FOLDS, CA to SECOG, WA [New] FOLDS, CA ...... FIX ...... (lat. 40°44′16.56″ N, long. 122°30′10.69″ W)

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GRENA, CA ...... FIX ...... (lat. 41°43′31.31″ N, long. 122°29′09.72″ W) TALEM, OR ...... FIX ...... (lat. 42°08′49.70″ N, long. 122°52′41.50″ W) SAMIE, OR ...... FIX ...... (lat. 42°38′46.29″ N, long. 123°00′57.97″ W) BROKN, OR ...... FIX ...... (lat. 42°45′37.47″ N, long. 122°57′53.29″ W) SSTRS, OR ...... WP ...... (lat. 43°40′36.47″ N, long. 121°34′47.27″ W) HERBS, OR ...... FIX ...... (lat. 44°25′07.23″ N, long. 121°16′51.75″ W) JJETT, OR ...... WP ...... (lat. 44°56′35.43″ N, long. 121°40′56.36″ W) CANBY, OR ...... FIX ...... (lat. 45°18′38.05″ N, long. 122°45′53.61″ W) QAARY, OR ...... WP ...... (lat. 46°07′56.92″ N, long. 123°29′25.62″ W) WUMOX, WA ...... FIX ...... (lat. 47°35′07.83″ N, long. 122°40′26.84″ W) ZONUV, WA ...... WP ...... (lat. 48°34′10.29″ N, long. 122°44′14.63″ W) SECOG, WA ...... FIX ...... (lat. 48°59′42.80″ N, long. 122°32′17.97″ W)

Issued in Washington, DC, on April 18, telephone 270–442–1621 ext. 2124, the COTP or a designated 2018. email [email protected]. representative. They may be contacted Rodger A. Dean Jr., SUPPLEMENTARY INFORMATION: on VHF–FM Channel 16 or by phone at Manager, Airspace Policy Group. 1–800–253–7465. Persons and vessels I. Table of Abbreviations [FR Doc. 2018–08550 Filed 4–25–18; 8:45 am] permitted to enter this safety zone must BILLING CODE 4910–13–P CFR Code of Federal Regulations transit at their slowest safe speed and COTP Captain of the Port Sector Ohio comply with all lawful directions issued Valley by the COTP or a designated DHS Department of Homeland Security representative. The COTP or a DEPARTMENT OF HOMELAND FR Federal Register SECURITY NPRM Notice of proposed rulemaking designated representative would inform § Section the public through broadcast notices to Coast Guard U.S.C. United States Code mariners of the enforcement period for the temporary safety zone as well as any 33 CFR Part 165 II. Background, Purpose, and Legal changes in the planned schedule. The Basis regulatory text we are proposing appears [Docket Number USCG–2018–0239] On January 17, 2018, the Kentucky at the end of this document. RIN 1625–AA00 Dam Marina notified the Coast Guard IV. Regulatory Analyses that they would be conducting a Safety Zone; Tennessee River, fireworks display from 7 p.m. through We developed this proposed rule after Gilbertsville, KY 10 p.m. on June 30, 2018. The fireworks considering numerous statutes and Executive orders related to rulemaking. AGENCY: Coast Guard, DHS. are to be launched from the break wall of Kentucky Dam Marina. Hazards from Below we summarize our analyses ACTION: Notice of proposed rulemaking. firework displays include accidental based on a number of these statutes and SUMMARY: The Coast Guard proposes to discharge of fireworks, dangerous Executive orders and we discuss First establish a temporary safety zone for projectiles, and falling hot embers or Amendment rights of protestors. certain waters of the Tennessee River. other debris. The Captain of the Port A. Regulatory Planning and Review This action is necessary to provide for Sector Ohio Valley (COTP) has the safety of life on these navigable determined that potential hazards Executive Orders 12866 and 13563 waters near Kentucky Dam Marina, associated with the fireworks display direct agencies to assess the costs and Gilbertsville, KY, during a fireworks would be a safety concern for anyone benefits of available regulatory display. This proposed rulemaking within a 350-foot radius of the break alternatives and, if regulation is would prohibit persons and vessels wall. necessary, to select regulatory from entering the safety zone unless The purpose of this rulemaking is to approaches that maximize net benefits. authorized by the Captain of the Port ensure the safety of vessels and the Executive Order 13771 directs agencies Sector Ohio Valley or a designated navigable waters within a 350-foot to control regulatory costs through a representative. We invite your radius of the fireworks launch site budgeting process. This NPRM has not comments on this proposed rulemaking. before, during, and after the scheduled been designated a ‘‘significant regulatory action,’’ under Executive DATES: Comments and related material event. The Coast Guard proposes this Order 12866. Accordingly, the NPRM must be received by the Coast Guard on rulemaking under authority in 33 U.S.C. has not been reviewed by the Office of or before May 29, 2018. 1231. Management and Budget (OMB), and ADDRESSES: You may submit comments III. Discussion of Proposed Rule pursuant to OMB guidance it is exempt identified by docket number USCG– The COTP proposes to establish a from the requirements of Executive 2018–0239 using the Federal safety zone from 6:50 p.m. to 10:10 p.m. Order 13771. eRulemaking Portal at http:// on June 30, 2018. The safety zone would This regulatory action determination www.regulations.gov. See the ‘‘Public cover all navigable waters of the is based on the size, location, duration Participation and Request for Tennessee River at mile marker (MM) 23 and time-of-day of the safety zone. Comments’’ portion of the within 350 feet of a break wall at Vessel traffic would be able to safely SUPPLEMENTARY INFORMATION section for Kentucky Dam Marina in Gilbertsville, transit around this safety zone, which further instructions on submitting KY. The duration of the zone is would impact a 350-foot designated area comments. intended to ensure the safety of vessels of the Tennessee River for FOR FURTHER INFORMATION CONTACT: If and these navigable waters before, approximately 3 hours on one evening. you have questions about this proposed during, and after the scheduled Moreover, the Coast Guard would issue rulemaking, call or email MST3 Joseph fireworks display. No vessel or person a Broadcast Notice to Mariners (BNMs) Stranc, Marine Safety Unit Paducah would be permitted to enter the safety via VHF–FM marine channel 16 about Waterways division, U.S. Coast Guard; zone without obtaining permission from the zone, and the rule would allow

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vessels to seek permission to enter the Order and have determined that it is G. Protest Activities zone. consistent with the fundamental The Coast Guard respects the First federalism principles and preemption B. Impact on Small Entities Amendment rights of protesters. requirements described in Executive Protesters are asked to contact the The Regulatory Flexibility Act of Order 13132. person listed in the FOR FURTHER 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have INFORMATION CONTACT section to requires Federal agencies to consider tribal implications under Executive coordinate protest activities so that your the potential impact of regulations on Order 13175, Consultation and message can be received without small entities during rulemaking. The Coordination with Indian Tribal jeopardizing the safety or security of term ‘‘small entities’’ comprises small Governments, because it would not have people, places, or vessels. businesses, not-for-profit organizations a substantial direct effect on one or that are independently owned and more Indian tribes, on the relationship V. Public Participation and Request for operated and are not dominant in their between the Federal Government and Comments fields, and governmental jurisdictions Indian tribes, or on the distribution of We view public participation as with populations of less than 50,000. power and responsibilities between the essential to effective rulemaking, and The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. will consider all comments and material 605(b) that this proposed rule would not If you believe this proposed rule has received during the comment period. have a significant economic impact on implications for federalism or Indian Your comment can help shape the a substantial number of small entities. tribes, please contact the person listed outcome of this rulemaking. If you While some owners or operators of in the FOR FURTHER INFORMATION submit a comment, please include the vessels intending to transit the safety CONTACT section. docket number for this rulemaking, zone may be small entities, for the indicate the specific section of this reasons stated in section IV.A above, E. Unfunded Mandates Reform Act document to which each comment this proposed rule would not have a The Unfunded Mandates Reform Act applies, and provide a reason for each significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires suggestion or recommendation. vessel owner or operator. Federal agencies to assess the effects of We encourage you to submit If you think that your business, their discretionary regulatory actions. In comments through the Federal organization, or governmental particular, the Act addresses actions eRulemaking Portal at http:// jurisdiction qualifies as a small entity that may result in the expenditure by a www.regulations.gov. If your material and that this rule would have a State, local, or tribal government, in the cannot be submitted using http:// significant economic impact on it, aggregate, or by the private sector of www.regulations.gov, contact the person please submit a comment (see $100,000,000 (adjusted for inflation) or in the FOR FURTHER INFORMATION ADDRESSES) explaining why you think it more in any one year. Though this CONTACT section of this document for qualifies and how and to what degree proposed rule would not result in such alternate instructions. this rule would economically affect it. We accept anonymous comments. All an expenditure, we do discuss the Under section 213(a) of the Small comments received will be posted effects of this rule elsewhere in this Business Regulatory Enforcement without change to http:// preamble. Fairness Act of 1996 (Pub. L. 104–121), www.regulations.gov and will include we want to assist small entities in F. Environment any personal information you have understanding this proposed rule. If the provided. For more about privacy and We have analyzed this proposed rule rule would affect your small business, the docket, visit http:// under Department of Homeland organization, or governmental www.regulations.gov/privacyNotice. jurisdiction and you have questions Security Directive 023–01 and Documents mentioned in this NPRM concerning its provisions or options for Commandant Instruction M16475.1D, as being available in the docket, and all compliance, please contact the person which guide the Coast Guard in public comments, will be in our online listed in the FOR FURTHER INFORMATION complying with the National docket at http://www.regulations.gov CONTACT section. The Coast Guard will Environmental Policy Act of 1969 (42 and can be viewed by following that not retaliate against small entities that U.S.C. 4321–4370f), and have made a website’s instructions. Additionally, if question or complain about this preliminary determination that this you go to the online docket and sign up proposed rule or any policy or action of action is one of a category of actions that for email alerts, you will be notified the Coast Guard. do not individually or cumulatively when comments are posted or a final have a significant effect on the human rule is published. C. Collection of Information environment. This proposed rule This proposed rule would not call for involves a safety zone lasting List of Subjects in 33 CFR Part 165 a new collection of information under approximately 3 hours that would Harbors, Marine safety, Navigation the Paperwork Reduction Act of 1995 prohibit entry within 350 feet of a break (water), Reporting and recordkeeping (44 U.S.C. 3501–3520). wall. Normally, such actions are requirements, Security measures, categorically excluded from further Waterways. D. Federalism and Indian Tribal review under paragraph L 60(a) of Governments For the reasons discussed in the Appendix A, Table 1 of DHS Instruction preamble, the Coast Guard proposes to A rule has implications for federalism Manual 023–01–001–01, Rev. 01. A amend 33 CFR part 165 as follows: under Executive Order 13132, preliminary Record of Environmental Federalism, if it has a substantial direct Consideration supporting this PART 165—REGULATED NAVIGATION effect on the States, on the relationship determination is available in the docket AREAS AND LIMITED ACCESS AREAS between the national government and where indicated under ADDRESSES. We the States, or on the distribution of seek any comments or information that ■ 1. The authority citation for part 165 power and responsibilities among the may lead to the discovery of a continues to read as follows: various levels of government. We have significant environmental impact from Authority: 33 U.S.C. 1231; 50 U.S.C. 191; analyzed this proposed rule under that this proposed rule. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;

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Department of Homeland Security Delegation Colorado on May 26, 2017, addressing of the docket. You may view the hard No. 0170.1. regional haze. The EPA is proposing to copy of the docket Monday through ■ 2. Add § 165.T08–0239 to read as approve source-specific revisions to the Friday, 8:00 a.m. to 4:00 p.m., excluding follows: nitrogen oxides (NOX) best available federal holidays. retrofit technology (BART) FOR FURTHER INFORMATION CONTACT: § 165.T08–0239 Safety Zone; Ohio River, determination for Craig Station Unit 1. Jaslyn Dobrahner, Air Program, EPA, Cincinnati, OH. This unit is owned in part and operated Region 8, Mailcode 8P–AR, 1595 (a) Location. The following area is a by Tri-State Generation & Transmission Wynkoop Street, Denver, Colorado, safety zone: all navigable waters of the Association, Inc. (Tri-State). We are also 80202–1129, (303) 312–6252, Tennessee River at mile marker (MM) 23 proposing to approve revisions to the [email protected]. within a 350-foot radius from fireworks NOX reasonable progress determination SUPPLEMENTARY INFORMATION: launch site on the Kentucky Dam for Tri-State’s Nucla Station. The EPA is Throughout this document whenever Marina break wall in Gilbertsville, KY. taking this action pursuant to section ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean (b) Effective date. This section is 110 of the Clean Air Act (CAA). the EPA. effective from 6:50 p.m. through 10:10 DATES: Comments: Written comments p.m. on June 30, 2018. must be received on or before May 29, Table of Contents (c) Regulations. (1) In accordance with 2018. I. What action is the EPA taking? the general regulations in § 165.23 of ADDRESSES: Submit your comments, II. Background this part, entry into this zone is identified by Docket ID No. EPA–R08– A. Requirements of the Clean Air Act and prohibited unless authorized by the the EPA’s Regional Haze Rule OAR–2018–0015, to the Federal B. Best Available Retrofit Technology Captain of the Port Sector Ohio Valley Rulemaking Portal: https:// (COTP) or a designated representative. (BART) www.regulations.gov. Follow the online C. Reasonable Progress Requirements (2) Persons or vessels desiring to enter instructions for submitting comments. D. Consultation With Federal Land into or pass through the zone must Once submitted, comments cannot be Managers (FLMs) request permission from the COTP or a edited or removed from E. Regulatory and Legal History of the 2012 designated representative. They may be www.regulations.gov. The EPA may Colorado SIP contacted on VHF–FM Channel 16 or by publish any comment received to its III. Craig Unit 1—NOX BART A. Background phone at 1–800–253–7465. public docket. Do not submit (3) If permission is granted, all B. May 26, 2017 Submittal electronically any information you C. The EPA’s Evaluation of Craig Unit 1 persons and vessels must transit at their consider to be Confidential Business slowest safe speed and comply with all Amendments Information (CBI) or other information IV. Nucla—NOX Reasonable Progress lawful directions issued by the COTP or whose disclosure is restricted by statute. A. Background a designated representative. Multimedia submissions (audio, video, B. May 26, 2017 Submittal (d) Informational broadcasts. The etc.) must be accompanied by a written C. The EPA’s Evaluation of Nucla COTP or a designated representative comment. The written comment is Amendments will inform the public through V. Coordination With FLMs considered the official comment and VI. The EPA’s Proposed Action Broadcast Notice to Mariners (BNMs) of should include discussion of all points the enforcement period for the safety VII. Incorporation by Reference you wish to make. The EPA will VIII. Statutory and Executive Order Reviews zone as well as the date and time of generally not consider comments or enforcement. comment contents located outside of the I. What action is the EPA taking? Dated: April 18, 2018. primary submission (i.e., on the web, On December 31, 2012, the EPA M.B. Zamperini, cloud, or other file sharing system). For approved a regional haze SIP revision Captain, U.S. Coast Guard, Captain of the additional submission methods, the full submitted by the State of Colorado on Port Sector Ohio Valley. EPA public comment policy, May 25, 2011. The 2011 SIP revision [FR Doc. 2018–08743 Filed 4–25–18; 8:45 am] information about CBI or multimedia included NOX BART emission limits for BILLING CODE 9110–04–P submissions, and general guidance on Craig Station Units 1 and 2 near Craig, making effective comments, please visit Colorado, and a NOX reasonable http://www2.epa.gov/dockets/ progress emission limit for the Nucla 1 ENVIRONMENTAL PROTECTION commenting-epa-dockets. Station located in Montrose County. AGENCY Docket: All documents in the docket The State of Colorado submitted are listed in the www.regulations.gov proposed revisions to the 2011 SIP 40 CFR Part 52 index. Although listed in the index, submittal on May 26, 2017, that modify some information is not publicly the NOX BART determination for Craig [EPA–R08–OAR–2018–0015; FRL–9976– available, e.g., CBI or other information Unit 1 and the NOX reasonable progress 45—Region 8] whose disclosure is restricted by statute. determination for Nucla. The EPA is Approval and Promulgation of Air Certain other material, such as now proposing to approve those Quality Implementation Plans; copyrighted material, will be publicly revisions. Specifically, the EPA is Colorado; Regional Haze State available only in hard copy. Publicly proposing to approve the State’s Implementation Plan available docket materials are available revisions to the Craig Unit 1 NOX BART either electronically in determination that would require Craig AGENCY: Environmental Protection www.regulations.gov or in hard copy at Unit 1 to meet an annual NOX emission Agency (EPA). the Air Program, Environmental limit of 4,065 tons per year (tpy) by ACTION: Proposed rule. Protection Agency (EPA), Region 8, December 31, 2019. The SIP revision 1595 Wynkoop Street, Denver, Colorado would also require the unit to either (1) SUMMARY: The Environmental Protection 80202–1129. The EPA requests that if at convert to natural gas by August 31, Agency (EPA) is proposing to approve a all possible, you contact the individual 2023, and if converting to natural gas, State Implementation Plan (SIP) listed in the FOR FURTHER INFORMATION revision submitted by the State of CONTACT section to view the hard copy 1 77 FR 76871 (December 31, 2012).

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5 comply with a NOX emission limit of address regional haze on July 1, 1999. of these sources ‘‘emits any air pollutant 0.07 lb/MMBtu (30-day rolling average) The Regional Haze Rule (RHR) revised which may reasonably be anticipated to beginning August 31, 2021, or (2) shut the existing visibility regulations to cause or contribute to any impairment down by December 31, 2025. The EPA integrate provisions addressing regional of visibility in any such area’’ (a source is also proposing to approve the State’s haze and established a comprehensive which fits this description is ‘‘subject to revisions to the Nucla NOX reasonable visibility protection program for Class I BART’’); and third, for each source progress determination that would areas. The requirements for regional subject to BART, identify the best require the source to meet an annual haze, found at 40 CFR 51.308 and available type and level of control for NOX emission limit of 952 tpy by 51.309, are included in the EPA’s reducing emissions. Section 169A(g)(7) January 1, 2020, and shut down on or visibility protection regulations at 40 of the CAA requires that states consider before December 31, 2022. CFR 51.300–51.309. The EPA revised five factors in making BART the RHR on January 10, 2017.6 determinations: (1) The costs of II. Background The CAA requires each state to compliance; (2) the energy and non-air A. Requirements of the Clean Air Act develop a SIP to meet various air quality quality environmental impacts of and the EPA’s Regional Haze Rule requirements, including protection of compliance; (3) any existing pollution visibility.7 Regional haze SIPs must control technology in use at the source; In section 169A of the CAA, added by assure reasonable progress toward the (4) the remaining useful life of the the 1977 Amendments to the Act, national goal of achieving natural source; and (5) the degree of Congress created a program for visibility conditions in Class I areas. A improvement in visibility which may protecting visibility in the nation’s state must submit its SIP and SIP reasonably be anticipated to result from national parks and wilderness areas. revisions to the EPA for approval. Once the use of such technology. States must This section establishes ‘‘as a national approved, a SIP is enforceable by the address all visibility-impairing goal the prevention of any future, and EPA and citizens under the CAA; that pollutants emitted by a source in the the remedying of any existing, is, the SIP is federally enforceable. BART determination process. The most impairment of visibility in mandatory significant visibility-impairing Class I Federal areas which impairment B. Best Available Retrofit Technology pollutants are sulfur dioxide (SO ), results from manmade air pollution.’’ 2 (BART) 2 On December 2, 1980, the EPA NOX, and particulate matter (PM). Section 169A of the CAA directs the A SIP addressing regional haze must promulgated regulations to address EPA to require states to evaluate the use include source-specific BART emission visibility impairment in Class I areas of retrofit controls at certain larger, often limits and compliance schedules for that is ‘‘reasonably attributable’’ to a uncontrolled, older stationary sources in each source subject to BART. In lieu of single source or small group of sources.3 order to address visibility impacts from requiring source-specific BART These regulations represented the first these sources. Specifically, section controls, states have the flexibility to phase in addressing visibility 169A(b)(2)(A) requires states to include adopt alternative measures, as long as impairment. The EPA deferred action on in their SIPs such measures as may be the alternative provides greater regional haze, which emanates from a necessary to make reasonable progress reasonable progress towards natural variety of sources, until monitoring, toward the natural visibility goal, visibility conditions than BART (i.e., the modeling and scientific knowledge including a requirement that certain alternative must be ‘‘better than about the relationships between categories of existing major stationary BART’’).10 Once a state has made a pollutants and visibility impairment sources built between 1962 and 1977 BART determination, the BART controls were improved.4 procure, install, and operate the ‘‘Best must be installed and operated as Available Retrofit Technology’’ as Congress added section 169B to the expeditiously as practicable, but no later determined by the states. Under the CAA in 1990 to address regional haze than 5 years after the date of the EPA’s RHR, states are directed to conduct issues. The EPA promulgated a rule to approval of the final SIP.11 In addition BART determinations for such ‘‘BART– to what is required by the RHR, general 2 eligible’’ sources that may reasonably be 42 U.S.C. 7491(a). Areas designated as SIP requirements mandate that the SIP mandatory Class I Federal areas consist of national anticipated to cause or contribute to any include all regulatory requirements parks exceeding 6000 acres, wilderness areas and visibility impairment in a Class I area. national memorial parks exceeding 5000 acres, and On July 6, 2005, the EPA published related to monitoring, recordkeeping, all international parks that were in existence on the Guidelines for BART Determinations and reporting for the BART emission August 7, 1977. 42 U.S.C. 7472(a). In accordance limitations.12 with section 169A of the CAA, EPA, in consultation under the Regional Haze Rule (the with the Department of Interior, promulgated a list ‘‘BART Guidelines’’) to assist states in C. Reasonable Progress Requirements of 156 areas where visibility is identified as an determining which sources should be important value. 44 FR 69122 (November 30, 1979). In addition to BART requirements, subject to the BART requirements and The extent of a mandatory Class I area includes each regional haze SIP must contain in setting appropriate emission limits subsequent changes in boundaries, such as park measures as necessary to make expansions. 42 U.S.C. 7472(a). Although states and for each covered source.8 The process of reasonable progress towards the tribes may designate as Class I additional areas establishing BART emission limitations which they consider to have visibility as an national visibility goal. As part of follows three steps: first, identify the important value, the requirements of the visibility determining what measures are sources that meet the definition of program set forth in section 169A of the CAA apply necessary to make reasonable progress, only to ‘‘mandatory Class I Federal areas.’’ Each ‘‘BART-eligible source’’ set forth in 40 mandatory Class I Federal area is the responsibility CFR 51.301; 9 second, determine which of a ‘‘Federal Land Manager.’’ 42 U.S.C. 7602(i). visibility-impairing air pollutant, were not in When we use the term ‘‘Class I area’’ in this section, operation before August 7, 1962, but were in we mean a ‘‘mandatory Class I Federal area.’’ 5 64 FR 35714, 35714 (July 1, 1999) (codified at existence on August 7, 1977, and whose operations 3 45 FR 80084, 80084 (December 2, 1980). 40 CFR part 51, subpart P). fall within one or more of 26 specifically listed 6 4 Regional haze means visibility impairment that 82 FR 3078 (January 10, 2017). source categories. 40 CFR 51.301. is caused by the emission of air pollutants from 7 CAA sections 110(a), 169A, and 169B, 42 U.S.C. 10 40 CFR 51.308(e)(2) and (3). numerous anthropogenic sources located over a 7410(a), 7491, and 7492(a). 11 CAA section 169A(g)(4), 42 U.S.C. 7491(g)(4); wide geographic area. Such sources include, but are 8 70 FR 39104; 40 CFR part 51, appendix Y. 40 CFR 51.308(e)(1)(iv). not limited to, major and minor stationary sources, 9 BART-eligible sources are those sources that 12 CAA section 110(a), 42 U.S.C. 7410(a); 40 CFR mobile sources, and area sources. 40 CFR 51.301. have the potential to emit 250 tons or more of a part 51, subpart K.

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the SIP must first identify E. Regulatory and Legal History of the December 31, 2025. Colorado withdrew anthropogenic sources of visibility 2012 Colorado SIP the 2015 SIP revision when it submitted impairment that are to be considered in On December 31, 2012, the EPA the 2017 SIP revision that is the subject developing the long-term strategy for approved a regional haze SIP revision of this proposed action. addressing visibility impairment.13 submitted by the State of Colorado on III. Craig Unit 1—NOX BART States must then consider the four May 25, 2011. On February 25, 2013, the statutory reasonable progress factors in National Parks Conservation A. Background selecting control measures for inclusion Association (NPCA) and Wild Earth The 2011 regional haze SIP for in the long-term strategy—the costs of Guardians (Guardians) filed petitions for Colorado established a NOX BART compliance, the time necessary for review in the U.S. Court of Appeals for emission limit for Craig Units 1 and 2. compliance, the energy and non-air the Tenth Circuit of the EPA’s final The Craig Station is located in Moffat quality environmental impacts of approval of the Colorado regional haze County, approximately 2.5 miles compliance, and the remaining useful SIP.18 Among other things, Guardians southwest of the town of Craig. This life of potentially affected sources.14 and NPCA challenged the NOX BART facility is a coal-fired power plant with Finally, the SIP must establish limit for Craig Unit 1. Tri-State and the a total net electric generating capacity of reasonable progress goals (RPGs) for State of Colorado joined the litigation as 1264 megawatts (MW), consisting of intervenors. After the court consolidated each Class I area within the State for the three units. Units 1 and 2, which are the cases for review, and after several plan implementation period (or subject to BART, are dry-bottom months of court-supervised mediation, ‘‘planning period’’), based on the pulverized coal-fired boilers, each rated the parties reached a settlement under at a net capacity of 428 MW. measures included in the long-term which Craig Unit 1 would be subject to strategy.15 If an RPG provides for a In the 2011 submittal, Colorado a 0.07 lb/MMBtu NOX limit, consistent determined that selective non-catalytic slower rate of improvement in visibility with the installation of selective than the rate needed to attain the reduction (SNCR) was BART for both catalytic reduction (SCR) controls, by Unit 1 and Unit 2, based on the cost- national goal by 2064, the SIP must 19 August 31, 2021. The settlement effectiveness and visibility demonstrate, based on the four further required that the EPA ask the improvement associated with this level reasonable progress factors, why the rate Tenth Circuit to vacate the previous of control. Colorado determined that to attain the national goal by 2064 is not approval of the Colorado SIP revision SCR, a more stringent control 16 reasonable and the RPG is reasonable. relating to Craig Unit 1 and remand the technology, was not BART because its rule to the agency for further action. The costs were too high. Colorado also D. Consultation With Federal Land court granted the EPA’s request on Managers (FLMs) determined that SNCR could achieve an December 22, 2014, and signed an order emission limit of 0.27 lb/MMBtu (30- ending the litigation on August 15, The RHR requires that a state consult day rolling average) at both Unit 1 and 2015. with FLMs before adopting and Unit 2. Nevertheless, as a BART In accordance with the terms of the submitting a required SIP or SIP 2014 settlement, Colorado submitted a alternative, Colorado ultimately adopted 17 revision. States must provide FLMs an SIP revision to the EPA in 2015 to revise a more stringent emission limit for Unit opportunity for consultation, in person 2 (0.08 lb/MMBtu, 30-day rolling the Craig Unit 1 NOX BART and at least 60 days before holding any determination, emission limit, and average, based on SCR) and a slightly public hearing on the SIP. This associated compliance deadline. less stringent limit for Unit 1 (0.28 lb/ consultation must include the Specifically, Colorado determined that MMBtu, 30-day rolling average, based on SNCR). The EPA approved opportunity for the FLMs to discuss NOX BART for Craig Unit 1 was an their assessment of impairment of emission limit of 0.07 lb/MMBtu, which Colorado’s BART alternative and NOX visibility in any Class I area and to offer was based on the capabilities of SCR, BART emission limits into the SIP on 20 recommendations on the development and established an associated December 31, 2012. of the RPGs and on the development compliance date of August 31, 2021. B. May 26, 2017 Submittal and implementation of strategies to In 2017, Colorado submitted a regional haze SIP revision to the EPA On May 26, 2017, Colorado submitted address visibility impairment. Further, a a SIP revision containing amendments state must include in its SIP a reassessing the NOX limit for the Craig Unit 1. The revisions were developed to the Colorado Code of Regulations, description of how it addressed any Regulation Number 3, Stationary Source comments provided by the FLMs. after discussions in 2016 between Tri- State, Guardians, NPCA, the State of Permitting and Air Pollutant Emission Finally, a SIP must provide procedures Notice Requirements, Part F, Regional for continuing consultation between the Colorado, and the EPA, and require one of two possible NO BART compliance Haze Limits—Best Available Retrofit state and FLMs regarding the state’s X paths for Craig Unit 1 to either (1) shut Technology (BART) and Reasonable visibility protection program, including down by December 31, 2025, or (2) Progress (RP), Section VI, Regional Haze development and review of SIP convert to natural-gas firing by August Determinations. In assessing BART for revisions and 5-year progress reports, 31, 2023. If Craig Unit 1 is converted to Craig Unit 1, Colorado determined that, and on the implementation of other under either a 20- or 30-year remaining natural-gas firing, the NOX emission programs having the potential to limit will be 0.07 lb/MMBtu after useful life, NOX BART would be an contribute to impairment of visibility in August 31, 2021 (30-day rolling emission limit of 0.07 lb/MMBtu based 21 Class I areas. average). If Craig Unit 1 is shut down, on the installation of SCR. Colorado the NOX emission limit will be 0.28 lb/ 20 13 40 CFR 51.308(d)(3)(iv). 77 FR 76871 (December 31, 2012). MMBtu (30-day rolling average) until 21 14 CAA section 169A(g)(1), 42 U.S.C. 7491(g)(1); This limit, consistent with the 2014 settlement, was contained in the 2015 SIP submission. As 40 CFR 51.308(d)(1)(i)(A). 18 WildEarth Guardians v. EPA, No. 13–9520 noted previously, the State withdrew that 15 40 CFR 51.308(d), (f). (10th Cir.) and National Parks Conservation submission when it submitted the 2017 SIP 16 40 CFR 51.308(d)(1)(ii). Association v. EPA, No. 13–9525 (10th Cir.). revision, but the State’s justification for the 0.07 lb/ 17 40 CFR 51.308(i). 19 79 FR 47636 (August 14, 2014). Continued

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then reassessed NOX BART for Craig 1 will cease operation or convert to 1. Shutdown Unit 1 under the two compliance paths natural gas; associated with the 2016 settlement • For both scenarios, Craig Unit 1 will For the shutdown compliance path, discussions: A shutdown in 2025 or a be subject to an interim NOX emission the State considered two amortization conversion to natural gas in 2023.22 limit of 0.28 lb/MMBtu (30-day rolling periods to reflect the remaining useful After completing this reassessment, average), effective January 1, 2017 (first life based on two possible projected Colorado established the following compliance date January 31, 2017), until compliance dates and the shutdown amendments: December 31, 2025 if closing or August date of December 31, 2025. The first • Craig Unit 1 will either (1) close on 31, 2021 if converting to natural gas; scenario used an amortization period of and 4 years and 4 months, calculated as the or before December 31, 2025; or (2) • cease burning coal no later than August Craig Unit 1 will be subject to an difference between a projected 31, 2021, with the option to convert annual NOX emission limit of 4,065 tpy compliance date of August 31, 2021, effective December 31, 2019, which will Unit 1 to natural-gas firing by August (which would have been required under be calculated on a calendar year basis 31, 2023; the State’s BART determination made in beginning in 2020. • In the case of a conversion to The amendments also excepted Craig conjunction with the 2014 settlement) natural-gas firing, a 30-day rolling Unit 1 from complying with the original and the December 31, 2025 shutdown average NOX emission limit of 0.07 lb/ SIP effective date of January 30, 2013, date. The associated emissions MMBtu (30-day rolling average) will be and associated compliance date 5 years reductions, annualized cost, and cost- effective after August 31, 2021; later. The Colorado Air Quality Control effectiveness values for SNCR and SCR • The owner/operator of Craig Unit 1 Commission adopted the revisions on using the amortization period is shown will notify the State in writing on or December 15, 2016 (effective February in Table 1. before February 28, 2021, whether Unit 14, 2017).

TABLE 1—CRAIG STATION UNIT 1 NOX COST COMPARISON [4 years, 4 months of operation]

Emissions Annualized Cost Control technology reduction cost effectiveness (tpy) ($) ($/ton)

SNCR ...... 779 6,172,522 7,928 SCR ...... 4,048 64,106,699 15,835

The second scenario used an 31, 2017 compliance date that the 2012 values for SNCR and SCR using the amortization period of 8 years, to reflect SIP revision approval established.23 The amortization period of 8 years is shown the difference between the December 31, associated emissions reductions, in Table 2. 2025 shutdown date and the December annualized costs, and cost-effectiveness

TABLE 2—CRAIG STATION UNIT 1 NOX COST COMPARISON [8 years of operation]

Emissions Annualized Cost Control technology reduction cost effectiveness (tpy) ($) ($/ton)

SNCR ...... 779 4,755,842 6,109 SCR ...... 4,048 41,476,535 10,245

Under both amortization scenarios, shortened to either 4 years and 4 firing by August 31, 2023. A 30-day the remaining useful life of Craig Unit months or 8 years, depending on the rolling average NOX emission limit of no 1 is shorter than the 20-year scenario selected, as a result of the more than 0.07 lb/MMBtu will apply amortization period used in the 2012 shutdown of Craig Unit 1 on December after August 31, 2021. BART determination, which increases 31, 2025. C. The EPA’s Evaluation of Craig Unit the annualized costs and cost- 2. Natural Gas Conversion effectiveness values of the control 1 Amendments technologies.24 Based on this For the natural gas conversion We are proposing to approve assessment, the State determined that compliance path, Craig Unit 1 will cease Colorado’s BART reassessment for two neither SNCR or SCR is cost-effective to burn coal by August 31, 2021, with possible compliance scenarios for Craig when the remaining useful life is the option to convert to natural-gas

23 MMBtu NOX BART limit is retained in the 2017 The operation period begins in calendar year https://www.epa.gov/economic-and-cost-analysis- SIP. 2018 (December 31, 2017). The effective date of the air-pollution-regulations/cost-reports-and- 22 Colorado used the term ‘‘reassessment,’’ and we EPA’s approval of Colorado’s regional haze SIP was guidance-air-pollution, in May 2016; these revisions January 30, 2013. As noted previously, the Tenth interpret the term to mean that the state reassessed change the amortization period for SCR from 20 Circuit vacated the EPA’s approval of the Craig years to 30 years. The amortization period for SNCR its previous BART determination under the portions of this SIP on December 22, 2014. remains at 20 years. differing future factual scenarios to see whether 24 The EPA finalized revisions to the Air those facts were outcome determinative. Pollution Control Cost Manual (Chapters 1 and 2),

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Unit 1: (1) Shutdown or (2) conversion We are also proposing to approve the Regulation Number 3, Stationary Source to natural gas. alternative compliance path that allows Permitting and Air Pollutant Emission As a threshold matter, we agree with Craig Unit 1 to convert to natural-gas Notice Requirements, Part F, Regional the State’s assessment that an emission firing by August 31, 2023, and cease Haze Limits—Best Available Retrofit limit of 0.07 lb/MMBtu would be NOX burning coal by August 31, 2021, with Technology (BART) and Reasonable BART for Craig Unit 1 under either a 20- an associated NOX BART emission limit Progress (RP), Section VI, Regional Haze or 30-year remaining useful life. But we of 0.07 lb/MMBtu (30-day rolling Determinations, related to Nucla: also agree with the State that it is average) on that date, because this • Nucla will close on or before appropriate to reassess the NOX BART emission limit is equivalent to the one December 31, 2022; and limit under the shutdown and natural that the State found would be BART • Nucla will be subject to an annual gas conversion scenarios, either of under a 20- or 30-year remaining useful NOX emission limit of 952 tpy effective which would considerably shorten the life scenario. Accordingly, natural-gas January 1, 2020, on a calendar year basis remaining useful life of the existing firing is another means by which NOX beginning in 2020. coal-fired boiler. BART can be met for Craig Unit 1. The amendments also removed While the RHR does not require states Finally, we are proposing to approve Nucla’s original compliance date of to consider source retirements or fuel Colorado’s requirement that an annual December 31, 2017, and the requirement switching (e.g., from coal to gas) as NOX limit of 4,065 tpy will be effective for a proposed compliance schedule 25 BART options, states are free to do so. on December 31, 2019, for Craig Unit 1 from Nucla due within 60 days after the In other states, we have approved state- because this additional measure would EPA’s approval of the reasonable adopted requirements for the shutdown strengthen the SIP as there currently is progress portion of Colorado’s regional of a source or for switching fuels, which no regional haze annual NOX limit for haze SIP. The current NOX emission have usually been negotiated between Unit 1. limit of 0.5 lb/MMBtu (30-day rolling the source operator and the state. We average) is not amended. also have approved BART IV. Nucla—NOX Reasonable Progress C. The EPA’s Evaluation of Nucla determinations that took into account A. Background the resulting shorter remaining useful Amendments life of the affected source. The Tri-State Nucla Station is located Because the amendments, requiring We agree with Colorado’s BART in Montrose County approximately 3 Nucla to shut down on or before reassessment for both the shutdown and miles southeast of the town of Nucla, December 31, 2022, and meet an annual Colorado. The Nucla facility consists of natural gas conversion scenarios. NOX limit of 952 tpy by January 1, 2020, Specifically, we acknowledge and agree one coal-fired steam-driven electric do not alter the previously approved 0.5 with the assumptions used to calculate generating unit, Unit 4, with a rated lb/MMBtu (30-day rolling average) the two different amortization periods electric generating capacity of 110 MW emission limit requirement, the closure (gross). for the shutdown scenario. In past SIP of Nucla achieves greater NOX emission actions, the EPA has measured In 2006, Tri-State installed a small- reductions than the relevant portions of amortization periods from the projected scale SNCR system on Unit 4 that injects the 2012 SIP, (which did not previously compliance date to the date of anhydrous ammonia to achieve NOX include any shutdown date). We retirement. In this instance, the reductions. The SNCR system is used therefore propose to approve Colorado’s compliance date for SCR is August 31, when NOX emissions approach 0.4 lb/ revision related to Nucla. 2021, which would have been required MMBtu; rates above this result in mass under the State’s BART determination emissions that approach the annual V. Coordination With FLMs made in conjunction with the 2014 permitted NOX limit of 1,987.9 tpy (12- Class I areas in Colorado are managed settlement, resulting in an amortization month rolling average). Although by either the U.S. Forest Service (FS) or period of four years and four months as Colorado, in its 2011 submittal, the U.S. National Park Service (NPS). As reflected in Colorado’s first amortization determined that full-scale SNCR and described in section II.D of this period scenario (Table 1). For SNCR, the SCR were technically feasible for proposed rule, the Regional Haze Rule projected compliance date would be reducing NOX emissions at Nucla Unit grants the FLMs a special role in the earlier, thus resulting in a longer 4, the State determined that neither review of regional haze SIPs. Under 40 amortization period, albeit one shorter control technology was necessary for CFR 51.308(i)(2), Colorado was than 8 years; the 8-year amortization reasonable progress based on the obligated to provide the FS and the NPS period is therefore a conservative uncertainty of the control efficiency for with an opportunity for consultation in approach that understates the SNCR and what Colorado determined development of the State’s proposed SIP annualized costs of both SCR and SNCR. would likely be excessive costs revisions. Colorado provided the FS and When considering the shortened associated with SCR. Instead, Colorado the NPS with access to the proposed remaining useful life under either determined that Nucla Unit 4 should revisions to Regulation Number 3, Part amortization scenario associated with meet an emission limit of 0.5 lb/MMBtu F on January 12, 2017.26 The FLMs did Craig Unit 1 shutting down by (30-day rolling average) as expeditiously not provide any comments on the December 31, 2025, the EPA finds as practicable, but in no event later than proposed revisions. Colorado’s determination reasonable December 31, 2017, based on that neither SNCR or SCR is cost consideration of the four reasonable VI. The EPA’s Proposed Action effective. Therefore, we are proposing to progress factors. The EPA approved this In this action, the EPA is proposing to approve Colorado’s NOX BART emission limit into the SIP on December approve SIP amendments to Regulation reassessment that if Craig Unit 1 shuts 31, 2012, as meeting the relevant Number 3, Part F, Section VI, shown in down by December 31, 2025, neither regional haze requirements. Table 3, submitted by the State of SNCR or SCR would be BART due to the B. May 26, 2017 Submittal Colorado on May 26, 2017, addressing high cost-effectiveness values associated the NOX BART and reasonable progress with a shortened remaining useful life. The May 26, 2017 submittal includes the following amendments to the 26 Email between Colorado and NPS, January 25 40 CFR part 51, appendix Y. Colorado Code of Regulations, 2017.

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requirements for Craig Unit 1 and in the Unfunded Mandates Reform Act SUMMARY: The Environmental Protection Nucla, respectively. of 1995 (Pub. L. 104–4); Agency (EPA) is proposing to approve • Does not have federalism certain portions of a State TABLE 3—LIST OF COLORADO AMEND- implications as specified in Executive Implementation Plan (SIP) revision to MENTS THAT EPA IS PROPOSING TO Order 13132 (64 FR 43255, August 10, address regional haze submitted by the APPROVE 1999); Governor of North Dakota on March 3, • Is not an economically significant 2010, along with SIP Supplement No. 1 Amended Sections in May 26, 2017 regulatory action based on health or submitted on July 27, 2010, SIP Submittal Proposed for Approval safety risks subject to Executive Order Amendment No. 1 submitted on July 28, 13045 (62 FR 19885, April 23, 1997); • 2011 and SIP Supplement No. 2 Regulation Number 3, Part F: VI.A.2 (table); Is not a significant regulatory action submitted on January 2, 2013 VI.A.3; VI.A.4; VI.B.2 (table); VI.B.3; subject to Executive Order 13211 (66 FR (collectively, ‘‘the Regional Haze SIP’’). VI.B.4; VI.D; VI.E. 28355, May 22, 2001); Specifically, the EPA is proposing to • Is not subject to requirements of approve the nitrogen oxides (NO ) Best VII. Incorporation by Reference Section 12(d) of the National X Available Retrofit Technology (BART) Technology Transfer and Advancement In this rule, the EPA is proposing to determination for Coal Creek Station Act of 1995 (15 U.S.C. 272 note) because include in a final EPA rule regulatory included in SIP Supplement No. 2. Coal application of those requirements would text that includes incorporation by Creek Station is owned and operated by be inconsistent with the Clean Air Act; reference. In accordance with Great River Energy (GRE) and is located requirements of 1 CFR 51.5, the EPA is and • Does not provide the EPA with the near Underwood, North Dakota. This proposing to incorporate by reference Regional Haze SIP was submitted to the amendments described in section discretionary authority to address, as appropriate, disproportionate human address the requirements of the Clean VI. The EPA has made, and will Air Act (CAA or ‘‘the Act’’) and our continue to make, these materials health or environmental effects, using practicable and legally permissible rules that require states to develop and generally available through implement air quality protection plans www.regulations.gov and at the EPA methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). to reduce visibility impairment in Region 8 Office (please contact the mandatory Class I areas caused by person identified in the FOR FURTHER In addition, the SIP is not proposed to apply on any Indian reservation land or emissions of air pollutants from INFORMATION CONTACT section of this numerous sources located over a wide preamble for more information). in any other area where the EPA or an Indian tribe has demonstrated that a geographic area (also referred to as the VIII. Statutory and Executive Order tribe has jurisdiction. In those areas of ‘‘regional haze program’’). States are Reviews Indian country, the rule does not have required to assure reasonable progress Under the CAA, the Administrator is tribal implications and will not impose toward the national goal of achieving required to approve a SIP submission substantial direct costs on tribal natural visibility conditions in Class I that complies with the provisions of the governments or preempt tribal law as areas. The EPA is taking this action Act and applicable federal regulations. specified by Executive Order 13175 (65 pursuant to section 110 of the CAA. 42 U.S.C. 7410(k); 40 CFR 52.02(a). FR 67249, November 9, 2000). DATES: Written comments must be Thus, in reviewing SIP submissions, the List of Subjects in 40 CFR Part 52 received on or before May 29, 2018. EPA’s role is to approve state choices, provided that they meet the criteria of Environmental protection, Air ADDRESSES: Submit your comments, the CAA. Accordingly, this action pollution control, Incorporation by identified by Docket ID No. EPA–R08– merely proposes to approve state law as reference, Intergovernmental relations, OAR–2010–0406 at https:// meeting federal requirements and does Nitrogen dioxide, Particulate matter, www.regulations.gov. Follow the online not impose additional requirements Sulfur oxides. instructions for submitting comments. beyond those imposed by state law. For Authority: 42 U.S.C. 7401 et seq. Once submitted, comments cannot be edited or removed from that reason, this proposed action: Dated: April 16, 2018. • Is not a significant regulatory action www.regulations.gov. The EPA may subject to review by the Office of Debra Thomas, publish any comment received to the Management and Budget under Acting Regional Administrator, Region 8. public docket. Do not submit Executive Orders 12866 (58 FR 51735, [FR Doc. 2018–08622 Filed 4–25–18; 8:45 am] electronically any information you October 4, 1993) and 13563 (76 FR 3821, BILLING CODE 6560–50–P consider to be Confidential Business January 21, 2011); Information (CBI) or other information, • Is not an Executive Order 13771 (82 the disclosure of which is restricted by FR 9339, February 2, 2017) regulatory ENVIRONMENTAL PROTECTION statute. Multimedia submissions (audio, action because SIP approvals are AGENCY video, etc.) must be accompanied by a exempted under Executive Order 12866; written comment. The written comment 40 CFR Part 52 • Does not impose an information is considered the official comment and collection burden under the provisions [EPA–R08–OAR–2010–0406; FRL–9976– should include discussion of all points of the Paperwork Reduction Act (44 56—Region 8] you wish to make. The EPA will U.S.C. 3501 et seq.); generally not consider comments or • Is certified as not having a Approval and Promulgation of Air comment contents located outside of the significant economic impact on a Quality Implementation Plans; North primary submission (i.e., on the web, substantial number of small entities Dakota; Regional Haze State cloud, or other file sharing system). For under the Regulatory Flexibility Act (5 Implementation Plan additional submission methods, the full U.S.C. 601 et seq.); EPA public comment policy, • AGENCY: Environmental Protection Does not contain any unfunded Agency (EPA). information about CBI or multimedia mandate or significantly or uniquely submissions, and general guidance on ACTION: Proposed rule. affect small governments, as described making effective comments, please visit

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https://www.epa.gov/dockets/ haze and established a comprehensive ‘‘BART-eligible source’’ set forth in 40 commenting-epa-dockets. visibility protection program for Class I CFR 51.301; 8 second, determine which FOR FURTHER INFORMATION CONTACT: areas. The requirements for regional of these sources ‘‘emits any air pollutant Aaron Worstell, Air Program, EPA, haze, found at 40 CFR 51.308 and which may reasonably be anticipated to Region 8, Mailcode 8P–AR, 1595 51.309, are included in the EPA’s cause or contribute to any impairment Wynkoop Street, Denver, Colorado visibility protection regulations at 40 of visibility in any such area’’ (a source 80202–1129, (303) 312–6073, CFR 51.300–51.309. The EPA revised which fits this description is ‘‘subject to [email protected]. the RHR on January 10, 2017.4 BART’’); and third, for each source The CAA requires each state to subject to BART, identify the best I. Background develop a SIP to meet various air quality available type and level of control for A. Requirements of the Clean Air Act requirements, including protection of reducing emissions. Section 169A(g)(1) and the EPA’s Regional Haze Rule visibility.5 Regional haze SIPs must of the CAA requires that states must In CAA section 169A, added in the assure reasonable progress toward the consider the following five factors in 1977 Amendments to the Act, Congress national goal of achieving natural making BART determinations: (1) The created a program for protecting visibility conditions in Class I areas. A costs of compliance; (2) the energy and visibility in the nation’s national parks state must submit its SIP and SIP non-air quality environmental impacts and wilderness areas. This section of the revisions to the EPA for approval. Once of compliance; (3) any existing pollution CAA establishes ‘‘as a national goal the approved, a SIP is enforceable by the control technology in use at the source; prevention of any future, and the EPA and citizens under the CAA; that (4) the remaining useful life of the remedying of any existing, impairment is, the SIP is federally enforceable. If a source; and (5) the degree of of visibility in mandatory Class I state fails to make a required SIP improvement in visibility which may Federal areas which impairment results submittal, or if we find that a state’s reasonably be anticipated to result from from manmade air pollution.’’ 1 On required submittal is incomplete or not the use of such technology. States must December 2, 1980, the EPA promulgated approvable, then we must promulgate a address all visibility-impairing regulations to address visibility Federal Implementation Plan (FIP) to fill pollutants emitted by a source in the impairment in Class I areas that is this regulatory gap, unless the state BART determination process. The most ‘‘reasonably attributable’’ to a single corrects the deficiency.6 significant visibility impairing pollutants are sulfur dioxide (SO ), source or small group of sources, B. Best Available Retrofit Technology 2 NO and particulate matter (PM). otherwise known as reasonably (BART) X, attributable visibility impairment.2 A SIP addressing regional haze must These regulations represented the first Section 169A of the CAA directs the include source-specific BART emission phase in addressing visibility EPA to require states to evaluate the use limits and compliance schedules for impairment. The EPA deferred action on of retrofit controls at certain larger, often each source subject to BART. In lieu of regional haze that emanates from a uncontrolled, older stationary sources in requiring source-specific BART variety of sources until monitoring, order to address visibility impacts from controls, states also have the flexibility modeling, and scientific knowledge these sources. Specifically, section to adopt alternative measures, as long as about the relationships between 169A(b)(2)(A) of the CAA and the RHR the alternative provides greater pollutants and visibility impairment require states’ implementation plans to reasonable progress towards natural were improved. contain such measures as may be visibility conditions than BART (i.e., the Congress added section 169B to the necessary to make reasonable progress alternative must be ‘‘better than CAA in 1990 to address regional haze toward the natural visibility goal, BART’’).9 Once a state has made a BART issues. The EPA promulgated a rule to including a requirement that certain determination, the BART controls must address regional haze on July 1, 1999.3 categories of existing major stationary be installed and operated as The Regional Haze Rule (RHR) revised sources built between 1962 and 1977 expeditiously as practicable, but no later the existing visibility regulations to procure, install, and operate the ‘‘Best than 5 years after the date of the EPA’s integrate provisions addressing regional Available Retrofit Technology’’ as approval of the final SIP.10 In addition determined by the states. Under the to what is required by the RHR, general 1 42 U.S.C. 7491(a). Areas designated as RHR, states are directed to conduct SIP requirements mandate that the SIP mandatory Class I Federal areas consist of national BART determinations for such ‘‘BART- include all regulatory requirements parks exceeding 6000 acres, wilderness areas and eligible’’ sources that may reasonably be national memorial parks exceeding 5000 acres, and related to monitoring, recordkeeping all international parks that were in existence on anticipated to cause or contribute to any and reporting for the BART emission August 7, 1977. 42 U.S.C. 7472(a). In accordance visibility impairment in a Class I area. limitations. See CAA section 110(a); 40 with section 169A of the CAA, EPA, in consultation On July 6, 2005, the EPA published CFR part 51, subpart K. with the Department of Interior, promulgated a list the Guidelines for BART Determinations of 156 areas where visibility is identified as an under the Regional Haze Rule (the C. Reasonable Progress Requirements important value. 44 FR 69122 (November 30, 1979). The extent of a mandatory Class I area includes ‘‘BART Guidelines’’) to assist states in In addition to BART requirements, as subsequent changes in boundaries, such as park determining which sources should be mentioned previously, each regional expansions. 42 U.S.C. 7472(a). Although states and subject to the BART requirements and haze SIP must contain measures as tribes may designate as Class I additional areas the appropriate emission limits for each which they consider to have visibility as an necessary to make reasonable progress 7 important value, the requirements of the visibility covered source. The process of program set forth in section 169A of the CAA apply establishing BART emission limitations 8 BART-eligible sources are those sources that only to ‘‘mandatory Class I Federal areas.’’ Each follows three steps: First, identify the have the potential to emit 250 tons or more of a mandatory Class I Federal area is the responsibility sources that meet the definition of visibility-impairing air pollutant, were not in of a ‘‘Federal Land Manager.’’ 42 U.S.C. 7602(i). operation prior to August 7, 1962, but were in When we use the term ‘‘Class I area’’ in this section, existence on August 7, 1977, and whose operations we mean a ‘‘mandatory Class I Federal area.’’ 4 82 FR 3078 (January 10, 2017). fall within one or more of 26 specifically listed 2 45 FR 80084 (December 2, 1980) (codified at 40 5 CAA sections 110(a), 169A, and 169B, 42 U.S.C. source categories. 40 CFR 51.301. CFR part 51, subpart P). 7410(a), 7491, and 7492(a). 9 40 CFR 51.308(e)(2) and (3). 3 64 FR 35714 (July 1, 1999) (amending 40 CFR 6 CAA section 110(c)(1), 42 U.S.C. 7410(c)(1). 10 CAA section 169A(g)(4); 40 CFR part 51, subpart P). 7 70 FR 39104; 40 CFR part 51, appendix Y. 51.308(e)(1)(iv).

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towards the national visibility goals. As E. Regulatory and Legal History of the updated analysis included corrected fly part of determining what measures are North Dakota Regional Haze SIP ash revenue data and ammonia necessary to make reasonable progress, The Governor of North Dakota mitigation costs. That analysis, dated the SIP must first identify originally submitted a Regional Haze June 16, 2011, indicated that the cost anthropogenic sources of visibility SIP to the EPA on March 3, 2010, effectiveness for SNCR at Coal Creek impairment that are to be considered in followed by SIP Supplement No. 1 Station Units 1 and 2 would be $2,318/ developing the long-term strategy for submitted on July 27, 2010, and SIP ton of NOX emissions reductions rather addressing visibility impairment.11 Amendment No. 1 submitted on July 28, than the original estimate of $8,551/ton. States must then consider the four 2011. The EPA initially acted on North Because the State’s cost of compliance statutory reasonable progress factors in Dakota’s Regional Haze SIP on April 6, analysis was based upon fundamentally selecting control measures for inclusion 2012.15 Among other things, the flawed and greatly inflated cost in the long-term strategy—the costs of Regional Haze SIP included a BART estimates regarding lost fly ash revenue, we concluded that the SIP submittal compliance, the time necessary for emission limit for NOX for Units 1 and compliance, the energy and non-air 2 at Coal Creek Station of 0.17 lb/ failed to properly consider the cost of quality environmental impacts of MMBtu averaged across the two units compliance in any meaningful sense as compliance, and the remaining useful (on a 30-day rolling average) 16, required by 40 CFR 51.308(e)(1)(ii)(A). life of potentially affected sources.12 represented by modified and additional We also concluded that GRE could Finally, the SIP must establish separated overfire air (SOFA), close- avoid contaminating the fly ash by reasonable progress goals (RPGs) for coupled overfire air (COFA), and low proper management of the ammonia injection rate; and thereby avoid losing each Class I area within the state for the NOX burners (LNB) (collectively plan implementation period (or referred to as LNC3+).17 When fly ash sales altogether. Therefore, we ‘‘planning period’’), based on the considering the next most stringent disapproved the NOX BART measures included in the long-term control option, selective non-catalytic determination for the Coal Creek 20 strategy. If an RPG provides for a slower reduction (SNCR; in addition to the Station. rate of improvement in visibility than existing LNC3), North Dakota took into In the same action, we promulgated a the rate needed to attain the national account the potential for ammonia from FIP that included a NOX BART emission goal by 2064, the SIP must demonstrate, the SNCR to contaminate the fly ash, limit for Units 1 and 2 at the Coal Creek based on the four reasonable progress which is a marketable product sold by Station of 0.13 lb/MMBtu averaged factors, why the rate to attain the GRE. Ultimately, the State concluded across the two units (30-day rolling national goal by 2064 is not reasonable average), which GRE could meet by that ‘‘[b]ecause of the potential for lost 21 and the RPG is reasonable.13 sales of fly ash, the negative installing SNCR plus LNC3+. This environmental effects of having to emission limit was based on the EPA’s D. Consultation With Federal Land dispose of the fly ash instead of independent BART analysis, including Managers (FLMs) recycling it into concrete, and the very the updated costs of compliance. Subsequently, several petitioners The RHR requires that a state consult small amount of visibility improvement challenged various aspects of the EPA’s with FLMs before adopting and from the use of SNCR, this option is final rule in the Eighth Circuit Court of submitting a required SIP or SIP rejected as BART.’’ 18 The State’s Appeals. Pertinent to this proposal, the revision.14 States must provide FLMs an Regional Haze SIP was submitted to State and GRE, the owner of the Coal opportunity for in-person consultation meet the requirements of the regional Creek Station, challenged the EPA’s at least 60 days before holding any haze program for the first planning disapproval of the State’s determination public hearing on the SIP. This period of 2008 through 2018. consultation must include the During our previous review of North that LNC3+ with an emission limit of 0.17lb/MMBtu averaged across the two opportunity for the FLMs to discuss Dakota’s NOX BART analysis for Coal units (30-day rolling average) is BART their assessment of impairment of Creek Station in 2012, the EPA for Coal Creek Station. These same visibility in any Class I area and to offer identified an error in the costs petitioners also challenged the EPA’s recommendations on the development associated with lost fly ash sales.19 At determination that SNCR plus LNC3+ of the RPGs and on the development our request, and after submitting the with an emission limit of 0.13lb/MMBtu and implementation of strategies to Regional Haze SIP in 2010, North averaged across the two units (30-day address visibility impairment. Further, a Dakota obtained additional supporting rolling average) is BART for the Coal state must include in its SIP a information from GRE for lost fly ash Creek Station. description of how it addressed any revenue and for the potential cost of fly On January 2, 2013, North Dakota comments provided by the FLMs. ash ammonia mitigation. The submitted Supplement No. 2 to the SIP, Finally, a SIP must provide procedures supporting information included an which was primarily intended to correct for continuing consultation between the updated cost analysis from GRE noting that the correct sales price for fly ash state and FLMs regarding the 20 was $5/ton instead of $36/ton. The 77 FR 20894 (Apr. 6, 2012). implementation of the state’s visibility 21 The FIP also included: A reasonable progress protection program, including determination and NOX emission limit for Antelope development and review of SIP 15 77 FR 20894. Valley Station Units 1 and 2 of 0.17 lb/MMBtu that revisions, 5-year progress reports, and 16 Throughout, 30-day rolling average emission applies singly to each of these units on a 30 -day limits are based on boiler operating days. rolling average, and a requirement that the owner/ the implementation of other programs 17 In the 2013 SIP supplement, modified and operator meet the limit as expeditiously as having the potential to contribute to additional SOFA, COFA, and LNB are referred to practicable, but no later than July 31, 2018; impairment of visibility in Class I areas. as LNC3+. Hereinafter in this proposed rule, this monitoring, record-keeping, and reporting combination of controls will also be referred to as requirements for the Coal Creek Station and LNC3+. By contrast, the existing controls, SOFA Antelope Valley Station units to ensure compliance 11 40 CFR 51.308(d)(3)(iv). (unmodified), COFA, and LNB are referred to as with the emission limitations; RPGs consistent with 12 See CAA section 169A(g)(1), 42 U.S.C. LNC3. the approved SIP emission limits approved and the 7491(g)(1) (defining the reasonable progress factors); 18 Regional Haze SIP, Appendix D.2, BART final FIP limits; and LTS elements that reflect the 40 CFR 51.308(d)(1)(i)(A). Determination for Coal Creek Station Units 1 and other aspects of the finalized FIP. Please refer to the 13 40 CFR 51.308(d)(1)(ii). 2, 12/1/2009, p. 20. EPA’s final FIP rule for further information on the 14 40 CFR 51.308(i). 19 76 FR 58603; 77 FR 20921. FIP requirements. 77 FR 20894 (Apr. 6, 2012).

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the error in the costs of compliance for DryFiningTM as an existing pollution Creek Station, North Dakota submitted SNCR plus LNC3+ related to lost fly ash control because it had been voluntarily SIP Supplement No. 2 to the EPA on sales. SIP Supplement No. 2 includes a installed after the regional haze baseline January 2, 2013. Because the two Coal revised five-factor BART evaluation for date was arbitrary and capricious. Creek boilers are identical, the State Coal Creek Station that largely replaces DryFiningTM is an innovative performed a single BART analysis that the five-factor evaluation contained in technology developed by GRE that is relevant to both units. The State’s the Regional Haze SIP that was reduces moisture and refines lignite supplemental evaluation is provided in submitted in 2010 and 2011. SIP coal, increasing the efficiency and Appendix B.2.1 of SIP Supplement No. Supplement No. 2 affirms the State’s performance of the fuel while reducing 2. The supplemental evaluation is earlier BART determination of 0.17 lb/ emissions. informed by GRE’s refined BART MMBtu averaged across the two units II. Coal Creek Station—NOX BART analysis of April 5, 2012, updated June (30-day rolling average) to be met with 6, 2012, and found in Appendix C.2.1 of LNC3+. SIP Supplement No. 2 was Determination SIP Supplement No. 2. submitted after the EPA took final Coal Creek Station is a mine-mouth action on the Regional Haze SIP in 2012, electrical generating plant, consisting The State considered only LNC3+, and is the focus of this proposed rule. primarily of two steam generators (each SNCR (with existing LNC3), and SNCR On September 23, 2013, the Eighth with a 550 MW capacity) and associated plus LNC3+ as technically feasible Circuit concluded that the EPA properly coal and ash handling systems. The control options. Both the State and the disapproved portions of the State’s units are identical Combustion EPA have previously determined that Regional Haze SIP, including the State’s Engineering boilers that tangentially fire selective catalytic reduction and low NOX BART determination for the Coal pulverized lignite coal. Since at least temperature oxidation are not required Creek Station.22 In particular, the court 1999, both units have been equipped as BART.25 In addition, because the ruled that the EPA’s role in reviewing with the following combustion controls: State found that ammonia slip from the State’s SIP was not merely SOFA, COFA, and LNB. These SNCR has the potential to negatively ministerial, and that the EPA acted combustion controls are collectively impact fly ash sales, it evaluated three properly in disapproving the State’s referred to as LNC3. In addition, different scenarios for the SNCR and NOX BART determination for the Coal DryFiningTM was fully installed on both SNCR plus LNC3+ control options: 0% Creek Station that was based on units by mid-2010. lost fly ash sales, 30% lost fly ash sales, erroneous costs of compliance. The State analyzed the impact of Coal and 100% lost fly ash sales. The State However, the court vacated the EPA’s Creek on visibility in Class I areas, and determined a control effectiveness for FIP promulgating an emission limit of found that the source was subject to LNC3+ of 23.9%, for SNCR of 24.9% 0.13 lb/MMbtu (30-day rolling average), BART requirements.24 holding that the EPA had failed to (with existing LNC3), and for SNCR plus consider existing pollution control A. North Dakota’s NOX BART LNC3+ of 39.3%. Determination technology 23 in use at the Coal Creek A summary of the State’s NOX BART Station. More specifically, the court To address the EPA’s disapproval of analysis is provided in Table 1. Note found that the EPA’s refusal to consider the NOX BART determination for Coal that costs are provided in 2011 dollars.

TABLE 1—SUMMARY OF COAL CREEK NOX BART ANALYSIS FOR UNIT 1 AND UNIT 2 BOILERS

Control Annual Annual Cost Incremental Visibility a emission cost Control option efficiency emission rate reductions effectiveness effectiveness benefit (%) (lb/MMBtu) ($/ton) (delta dv) c,d (tons/yr) ($/ton) b

SNCR plus LNC3+

100% Lost Fly Ash Sales ...... 39.3 0.122 1,998 4,444 10,350 1.623 30% Lost Fly Ash Sales ...... 39.3 0.122 1,998 3,305 7,449 1.623 0% Lost Fly Ash Sales ...... 39.3 0.122 1,998 2,195 4,619 1.623

SNCR with existing LNC3

100% Lost Fly Ash Sales ...... 24.9 0.151 1,265 7,194 163,471 1.529 30% Lost Fly Ash Sales ...... 24.9 0.151 1,265 5,396 118,863 1.529 0% Lost Fly Ash Sales ...... 24.9 0.151 1,265 3,643 75,373 1.529

LNC3+ ...... 23.9 0.153 1,214 629 NA 1.463 a DryFiningTM is common to each of the control options. b The incremental costs listed for SNCR plus LNC3+ are for between SNCR plus LNC3+ and LNC3+. c The visibility modeling that GRE performed for Coal Creek Units 1 and 2 included SO2 controls in addition to the noted NOX control. Accord- ingly, the modeling results summarized above reflect the chosen SO2 BART control, scrubber modifications, in addition to the noted NOX control option. Thus, these values do not reflect the distinct visibility benefit from each NOX control option, but do provide the incremental benefit be- tween the NOX control options. d The visibility improvement described in this table represents the change in the maximum 98th percentile impact over the modeled 3-year me- teorological period (2001–2003) at the highest impacted Class I area, Theodore Roosevelt, relative to a pre-controlled baseline. Refer to the spreadsheet created by EPA titled ‘‘CALPUFF Modeling Results from GRE Supplemental Analysis of 4–5–2012.xlsx’’.

22 North Dakota v. United States EPA, 730 F.3d 23 Pursuant to Section 169A(g)(1) of the CAA, 24 Regional Haze SIP, Section 7.3.1; 76 FR 58553. 750 (8th Cir. 2013), cert. denied, 134 S. Ct. 2662 ‘‘any existing pollution control technology in use at 25 Regional Haze SIP, Appendix B.2; 76 FR (2014). the source’’ is one of the five factors that must be 58622–23. considered when making a BART determination.

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The State considered each of the five and keeping this material out of a impacted Class I area, Theodore statutory BART factors when making its landfill is important. The State Roosevelt NP, the State found that the NOX BART determination for Coal expressed concerns that the use of incremental visibility improvement for Creek Station as described below. SNCR may prevent the recycling of fly SNCR plus LNC3+ versus LNC3+ is ash. 0.106 dv for the 98th percentile, and Costs of Compliance this improvement was considered Any Existing Pollution Controls in Use When the State began development of negligible by the State. As such, the at the Source its regional haze program in 2006, it State concluded that the visibility established costs of compliance Regarding any existing pollution improvement does not warrant the thresholds for both cost effectiveness control in use at the source, the State selection of SNCR plus LNC3+ as and incremental cost effectiveness noted that SOFA, COFA, and LNB BART.30 Finally, because the costs of above which costs are considered (collectively referred to as LNC3) had compliance cannot be determined excessive.26 When adjusted to 2011 been in place at the facility for some precisely due to the uncertainty dollars, the threshold for cost time, until combustion controls on Unit surrounding lost fly ash sales, the State effectiveness is $4,100/ton, while the 2 were upgraded to LNC3+ in 2007. Unit chose to weigh the visibility benefits threshold for incremental cost 1 has not been similarly modified. Also, heavily in its BART determination. effectiveness is $7,300/ton. The cost both units were equipped with After evaluating the five BART effectiveness of LNC3+, $629/ton, is DryFiningTM in 2010. Unlike in the factors, and for the reasons stated above, very reasonable by this standard.27 The original BART evaluation, the State’s North Dakota determined that BART State found that SNCR, with the existing 2013 supplemental BART evaluation should be based on the installation of LNC3 combustion controls, is clearly an recognizes the NOX emission reduction LNC3+. The State’s BART analysis used inferior option to LNC3+ because this that can be attributed to DryFiningTM. an annual emission rate for LNC3+ of control option presents only marginally When North Dakota submitted the 0.153 lb/MMBtu, reflecting the more control effectiveness at much Regional Haze SIP in 2010, it based the performance demonstrated at Unit 2. higher cost per ton values in BART analysis on a historical baseline However, the State noted that the comparison to LNC3+. In addition, the emission rate of 0.22 lb/MMBtu (annual shorter averaging period of the BART State found that the incremental cost average, 2000–2004) that reflected NOX emission limit, 30 days, requires a between these two options to be reductions achieved with the existing slightly higher value.31 Accordingly, the excessive regardless of what percentage combustion controls (LNC3). At that State established an emission limit of of fly ash sales are lost. For the time, although it had been installed, the 0.17 lb/MMBtu averaged across the two TM remaining control option, SNCR plus effect of DryFining on NOX emissions units (30-day rolling average). The State LNC3+, the State found that whether the was uncertain. Since then, the State has required that compliance with the costs of compliance were reasonable found that the technology can reduce emission limit be as expeditiously as depends on the percentage of fly ash NOX emissions by about 0.02 lb/ practicable but in no event later than 5 sales that may be lost. If no fly ash sales MMBtu. The State has also determined years after the EPA approves the BART are lost, the State found that neither the that, because LNC3+ had been installed requirements for Coal Creek Station. cost effectiveness, $2,195/ton, or on Unit 2 for the purpose of meeting Further, the State required that incremental cost effectiveness relative to BART, it was inappropriate for the compliance be demonstrated within 180 LNC3+, $4,619/ton, would be deemed baseline to reflect the additional days of initial startup of the equipment reduction achieved by LNC3+ relative to excessive when using the State’s required to meet the BART limits, but LNC3. Accordingly, the State used a criteria. However, if 30% of the fly ash no later than 5 years after the EPA revised baseline emission rate of 0.201 sales are lost, the State found that the approves the BART requirements for the lb/MMBtu in SIP Supplement No. 2 that incremental cost effectiveness relative to Coal Creek Station. reflects the use of both LNC3 and LNC3+ of $7,449/ton exceeds the DryFiningTM. B. EPA’s Evaluation of North Dakota’s relevant threshold. If all of the fly ash NOX BART Determination sales are lost, then the State found that Remaining Useful Life of the Source In our evaluation of the State’s NOX both thresholds are exceeded. Moreover, The State noted that the source is BART determination for Coal Creek if none of the fly ash can be sold, the expected to have a remaining useful life Station, we seek to address two State found that $31 million of existing of at least 20 years.28 The State has used deficiencies that relate to our fly ash handling equipment would be this value in the calculations of cost disapproval of the State’s 2010 NOX rendered useless with likely no effectiveness. Otherwise, the remaining BART determination and resultant FIP. opportunity to retrieve the resources useful life did not have an impact on the First, we intend to revisit the State’s invested. The State concluded that it is State’s selection of NOX BART. NOX BART determination in light of the likely that some fly ash sales will be Degree of Improvement in Visibility fact that SIP Supplement No. 2 lost. However, because it is difficult to addresses the error related to lost fly ash know precisely how much of the fly ash The State evaluated visibility impacts sales in the estimation of the costs of sales will be lost, the State found that (and improvement) at the two affected compliance. Second, we intend to re- the costs of compliance are uncertain. Class I areas: Theodore Roosevelt evaluate the State’s BART determination Energy and Non-Air Quality National Park (NP) and Lostwood for Coal Creek in consideration the Environmental Impacts Wilderness Area. The visibility impacts were provided in GRE’s April 5, 2012, 30 The State calculated the incremental visibility When evaluating the environmental submittal to the State, and were based benefit between SNCR plus LNC3+ and LNC3+ and non-air quality impacts, the State on CALPUFF modeling.29 At the most (both with scrubber upgrades for SO2) as the difference between the respective modeled emphasized that recycling the fly ash visibility impacts, or 1.623 dv¥1.529 dv = 0.106 28 Regional Haze SIP, Appendix D.2, BART dv. 26 Refer to Appendix E of the Regional Haze SIP. Determination for Coal Creek Station Units 1 and 31 North Dakota found that 30-day rolling average 27 Incremental cost effectiveness for LNC3+ is not 2, 12/1/2009, p. 12. emission rates are expected to be at least 5–15% calculable because it is the least effective control 29 Refer to Appendix A.1 of the Regional Haze SIP higher than the annual average emission rate. For option considered. regarding the CALPUFF modeling methodology. example, see Appendix B.1 of SIP, page 16.

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Eighth Circuit’s decision as it relates to and on the availability of ammonia consistent with the Eighth Circuit any existing pollution controls. mitigation techniques.34 We received decision.37 As described earlier, in 2012, the EPA responsive comments on both sides of With these two issues appropriately disapproved the State’s BART the issue. Ultimately, we concluded that addressed by the State’s SIP determination in part because of an it is possible to control ammonia slip Supplement No. 2, and because we have error in the sales price for fly ash that from SNCR to within the range of 2 ppm not identified any further deficiencies, affected the State’s consideration of the or less, and that it is widely accepted we conclude that North Dakota has costs of compliance. GRE used a sales that ammonia at this level does not reasonably considered the five statutory price of $36/ton for fly ash in impact the potential sales and use of fly BART factors in making its BART calculating the cost effectiveness for ash in concrete. Accordingly, we determination for the Coal Creek Station SNCR. The State in turn relied on these concluded that charges for lost fly ash in accordance with the CAA and RHR. values in support of its 2010 BART sales should not be applied to the SNCR Therefore, we propose to approve the determination. In 2011, GRE indicated cost analysis and that SNCR can be State’s NOX BART emission limit of the correct sales price for fly ash was successfully deployed at the Coal Creek 0.17 lb/MMBtu averaged across the two $5/ton instead of $36/ton. Subsequently, Station in a cost-effective manner. units (30-day rolling average), which is when commenting on EPA’s 2011 Specifically, we calculated a cost based on LNC3+. proposed rule,32 GRE indicated that, effectiveness of $1,313/ton.35 In III. Coordination With FLMs rather than $5/ton, the lost fly ash sales consideration of the costs of revenue should be based on the 2010 compliance, and the remaining BART Theodore Roosevelt National Park is average per ton freight on board (FOB) factors, we concluded that BART is managed by the National Park Service price of $41.00, with 30% ($12.30/ton) represented by SNCR plus LNC3+. (NPS), while the Lostwood Wilderness of the sale price going to GRE as In its SIP Supplement No. 2, North Area is managed by the U.S. Fish and revenue. The remainder of the revenue, Dakota contested the lost ash sales Wildlife Service (FWS). As described in $28.79/ton, goes to Headwaters analysis reflected in the EPA’s final section I.D of this proposed rule, the Resources, Inc. (HRI), GRE’s partner in rule, citing studies that, according to the Regional Haze Rule grants the FLMs a the sale and distribution of fly ash. In special role in the review of regional our 2012 final rule, we responded that State, supported its assertions. North Dakota contended that ‘‘EPA’s assertion haze SIPs. Under 40 CFR 51.308(i)(2), we were not convinced that such an North Dakota was obligated to provide increase (over the $5/ton price) would that no ash sales will be lost is speculative.’’ 36 the FLMs with an opportunity for be appropriate because GRE did not consultation in development of the provide any detail on the basis for the Given the importance of assumptions State’s proposed SIP revisions. By increased price. However, in GRE’s about lost fly ash sales in assessing the written correspondence dated August 8, revised BART analysis of April 5, 2012, costs of compliance, and in 2012, North Dakota provided the FLMs the company clarified that $5/ton figure consideration of more than five years the opportunity to comment on the draft represented what GRE received as a having passed since we originally SIP Supplement No. 2.38 The FWS portion of the FOB price before established BART for the Coal Creek submitted comments to North Dakota in December of 2011. GRE also reaffirmed Station, it is appropriate that we a letter dated October 29, 2012, and the the then-current ash sales contract (as of investigate and analyze this issue State responded to those comments in April 2012) required payments to GRE further. Accordingly, we once again its response to public comments.39 No that total 30% of the price. GRE points invite comment in relation to the other FLMs commented. The EPA out that HRI has ‘‘invested heavily into following: (1) Whether ammonia slip considers the State’s obligation to fly ash sales infrastructure including from the SNCR can be controlled to consult with the FLMs on the SIP terminals and storage facilities, levels sufficient enough to prevent revision to be fulfilled. conveying equipment, scales and train unacceptable ammonia contamination car shuttles’’ and that HRI ‘‘financed of the fly ash; (2) what levels of IV. The EPA’s Proposed Action GRE’s portion of the infrastructure ammonia contamination are acceptable In this action, the EPA is proposing to through a per ton payment on fly ash to fly ash marketers and end-users; and approve certain portions of North sales.’’ 33 Accordingly, we find that the (3) availability, applicability, and cost of Dakota’s Regional Haze SIP. revised cost effectiveness value for applying ammonia mitigation Specifically, the EPA is proposing to SNCR plus LNC3+, as well as the techniques to fly ash derived from approve the NOX BART determination incremental cost effectiveness value of lignite coal. for the Coal Creek Station, included in SNCR plus LNC3+ compared to LNC3+, On the matter of any existing controls, SIP Supplement No. 2, of 0.17 lb/ in SIP Supplement No. 2 are reliable the State’s BART evaluation now relies MMBtu averaged across the two units because they are based on an on a baseline NOX emission rate of (30-day rolling average). Refer to the established contractual sales price for 0.201 lb/MMBtu (annual) that reflects final action of April 6, 2012, regarding fly ash. the use of DryFiningTM. As noted EPA’s disapproval or approval of other In the 2011 proposed FIP, the EPA earlier, this baseline emission rate elements of North Dakota’s Regional agreed that use of SNCR might result in incorporates the 0.02 lb/MMBtu Haze SIP. lost ash sales and the need to landfill fly reduction that is achieved with the In addition, the EPA plans to remove ash due to ammonia contamination. technology. As a result, the State’s from the Code of Federal Regulations These additional costs were included in BART analysis reasonably considers the FIP requirements for Coal Creek our cost analysis supporting the ‘‘any existing pollution control Station that the Eighth Circuit vacated proposed FIP. However, we also invited technology in use at the source,’’ in the North Dakota decision and are comment on the assumption that use of therefore not enforceable as a matter of SNCR would result in lost fly ash sales 34 76 FR 58620. 35 77 FR 20925. 37 77 FR at 20925; see also North Dakota, 730 32 36 76 FR 58570 (Sep. 21, 2011). Supplemental Evaluation of NOX BART F.3d at 764. 33 GRE’s refined BART analysis of April 5, 2012, Determination for Coal Creek Station Units 1 and 38 Refer to Appendix J.3.4 of the SIP Supplement. p. 17. 2, at 10–11. 39 Refer to Appendix F.8.1 of the SIP Supplement.

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law. We are not inviting public action because SIP approvals are Indian tribe has demonstrated that a comment on this portion of our action. exempted under Executive Order 12866; tribe has jurisdiction. In those areas of • Does not impose an information Indian country, the rule does not have V. Incorporation by Reference collection burden under the provisions tribal implications and will not impose In this rule, the EPA is proposing to of the Paperwork Reduction Act (44 substantial direct costs on tribal include, in a final EPA rule, regulatory U.S.C. 3501 et seq.); governments or preempt tribal law as text that includes incorporation by • Is certified as not having a specified by Executive Order 13175 (65 reference. In accordance with significant economic impact on a FR 67249, November 9, 2000). requirements of 1 CFR 51.5, the EPA is substantial number of small entities proposing to incorporate by reference under the Regulatory Flexibility Act (5 List of Subjects in 40 CFR Part 52 the amendments described in section II. U.S.C. 601 et seq.); • Environmental protection, Air The EPA has made, and will continue Does not contain any unfunded pollution control, Incorporation by to make, these materials generally mandate or significantly or uniquely reference, Intergovernmental relations, available through www.regulations.gov affect small governments, as described Nitrogen dioxide, Particulate matter, and at the EPA Region 8 Office (please in the Unfunded Mandates Reform Act Sulfur oxides. contact the person identified in the FOR of 1995 (Pub. L. 104–4); FURTHER INFORMATION CONTACT section of • Does not have federalism Authority: 42 U.S.C. 7401 et seq. this preamble for more information). implications as specified in Executive Dated: April 13, 2018. Order 13132 (64 FR 43255, August 10, VI. Statutory and Executive Order Douglas Benevento, 1999); Regional Administrator, Region 8. Reviews • Is not an economically significant Under the CAA, the Administrator is regulatory action based on health or 40 CFR part 52 is proposed to be required to approve a SIP submission safety risks subject to Executive Order amended as follows: that complies with the provisions of the 13045 (62 FR 19885, April 23, 1997); Act and applicable federal regulations. • Is not a significant regulatory action PART 52—APPROVAL AND 42 U.S.C. 7410(k); 40 CFR 52.02(a). subject to Executive Order 13211 (66 FR PROMULGATION OF Thus, in reviewing SIP submissions, the 28355, May 22, 2001); IMPLEMENTATION PLANS EPA’s role is to approve state choices, • Is not subject to requirements of provided that they meet the criteria of Section 12(d) of the National ■ 1. The authority citation for part 52 the CAA. Accordingly, this action Technology Transfer and Advancement continues to read as follows: merely proposes to approve state law as Act of 1995 (15 U.S.C. 272 note) because Authority: 42 U.S.C. 7401 et seq. meeting federal requirements and does this action does not involve technical not impose additional requirements standards; and Subpart JJ—North Dakota beyond those imposed by state law. For • Does not provide EPA with the that reason, this action: discretionary authority to address, as ■ 2. Section 52.1820 in paragraph (d) is • Is not a significant regulatory action appropriate, disproportionate human amended by revising the table entry subject to review by the Office of health or environmental effects, using ‘‘PTC10005’’ under the centered Management and Budget under practicable and legally permissible heading ‘‘Coal Creek Station Units 1 and Executive Orders 12866 (58 FR 51735, methods, under Executive Order 12898 2’’ to read as follows: October 4, 1993) and 13563 (76 FR 3821, (59 FR 7629, February 16, 1994). § 52.1820 Identification of plan. January 21, 2011); In addition, the SIP is not proposed to • Is not an Executive Order 13771 (82 apply on any Indian reservation land or * * * * * FR 9339, February 2, 2017) regulatory in any other area where the EPA or an (d) * * *

State effective EPA effective Final rule Rule No. Rule title date date citation/date Comments

*******

Coal Creek Station Units 1 and 2.

******* PTC10005 ...... Air pollution control permit to con- 12/20/12 5/29/18 [Insert Federal Only: NOX BART emissions limits struct for best available retrofit Register cita- for Units 1 and 2 and cor- technology (BART). tion], 4/26/18. responding monitoring, record- keeping, and reporting require- ments.

*******

* * * * * § 52.1825 Federal implementation plan for Dakota: Antelope Valley Station, Units 1 regional haze. ■ 3. Section 52.1825 is amended by and 2. revising paragraphs (a), (c)(1) and (d) to (a) Applicability. This section applies * * * * * read as follows: to each owner and operator of the (c) Emissions limitations. (1) The following coal-fired electric generating owners/operators subject to this section units (EGUs) in the State of North shall not emit or cause to be emitted NOX in excess of the following

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limitations, in pounds per million Confidential Business Information (CBI) (joint document 101). Joint document British thermal units (lb/MMBtu), or other information whose disclosure is 101 contains measures for FHR to averaged over a rolling 30-day period: restricted by statute. Multimedia implement changes that improve submissions (audio, video, etc.) must be technology at the plant and increase NOX Emission accompanied by a written comment. efficiency through new and existing Source name limit The written comment is considered the equipment, as well as clarifying (lb/MMBtu) official comment and should include amendments to the document’s Antelope Valley Station, Unit discussion of all points you wish to language. MPCA posted joint document 1 ...... 0.17 make. EPA will generally not consider 101 for public comment in the Antelope Valley Station, Unit comments or comment contents located Minnesota State Register on November 2 ...... 0.17 outside of the primary submission (i.e. 21, 2016, and the comment period on the web, cloud, or other file sharing ended on December 23, 2016. MPCA (2) * * * system). For additional submission received no comments on the document. (d) Compliance date. The owners and methods, please contact the person operators of Antelope Valley Station II. What is EPA’s analysis of the SIP identified in the FOR FURTHER revision? shall comply with the emissions INFORMATION CONTACT section. For the limitations and other requirements of full EPA public comment policy, Joint document 101, issued by MPCA this section as expeditiously as information about CBI or multimedia on January 13, 2017, contains amended practicable, but no later than July 31, submissions, and general guidance on SIP conditions that, when combined, 2018, unless otherwise indicated in making effective comments, please visit provide FHR with the ability to more specific paragraphs. https://www2.epa.gov/dockets/ efficiently upgrade hydrocarbons that * * * * * commenting-epa-dockets. are distilled from FHR’s crude units into transportation fuels, primarily diesel. [FR Doc. 2018–08623 Filed 4–25–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P The amended SIP conditions allow FHR Anthony Maietta, Environmental to increase fuel production and operate Protection Specialist, Control Strategies more efficiently and closer to the Section, Air Programs Branch (AR–18J), ENVIRONMENTAL PROTECTION facility’s overall distillation capacity. Environmental Protection Agency, AGENCY See Table 1 at the end of our review for Region 5, 77 West Jackson Boulevard, a list of detailed changes to SO2 40 CFR Part 52 Chicago, Illinois 60604, (312) 353–8777, allowable emissions limits associated [email protected]. [EPA–R05–OAR–2017–0099 FRL–9977–21— with this action. The amended SIP SUPPLEMENTARY INFORMATION: Region 5] conditions in joint document 101 Throughout this document whenever include: Air Plan Approval; Minnesota; Flint ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information a. Coker Replacement. Hills Sulfur Dioxide (SO2) Revision section is arranged as follows: A coker replacement project consists AGENCY: Environmental Protection I. What is the background for this action? of the installation of a new coker Agency (EPA). II. What is EPA’s analysis of the SIP revision? process unit (#4 Coker Unit Charge ACTION: Proposed rule. a. Coker Replacement Heater/EQUI1456) into joint document b. #4 Hydrogen Plant Reformer—30H401 101. The new #4 Coker will replace the SUMMARY: The Environmental Protection Furnace #1 and #2 Cokers, which will be Agency (EPA) is proposing to approve a c. Diesel Fire Water Pump at #4 Cooling permanently retired. In addition to their revision to the Minnesota sulfur dioxide Tower retirement, the SIP condition that lists (SO2) State Implementation Plan (SIP) d. #3 Crude/Coker Improvements the decoking scenario in which the #1 for the Flint Hills Resources, LLC Pine e. Cleanup and #2 cokers’ associated process units Bend Refinery (FHR) as submitted on III. SO2 SIP and Emissions Impacts February 8, 2017. The proposed SIP IV. What action is EPA proposing? V. Incorporation by Reference permanent and enforceable. A ‘‘Title I condition’’ revision pertains to the introduction and is defined, in part, as ‘‘any condition based on VI. Statutory and Executive Order Reviews removal of certain equipment at the source specific determination of ambient impacts imposed for the purpose of achieving or refinery as well as amendments to I. What is the background for this maintaining attainment with a national ambient air certain emission limits, resulting in an action? quality standard and which was part of a [SIP] overall decrease of SO2 emissions from FHR operates an oil refinery located approved by the EPA or submitted to the EPA FHR. pending approval under section 110 of the act. . .’’ in the Pine Bend Area of Rosemount, MINN. R. 7007.1011 (2013). The regulations also DATES: Comments must be received on Dakota County, Minnesota. On February state that ‘‘Title I conditions and the permittee’s or before May 29, 2018. 8, 2017, the Minnesota Pollution obligation to comply with them, shall not expire, ADDRESSES: regardless of the expiration of the other conditions Submit your comments, Control Agency (MPCA) submitted a of the permit.’’ Further, ‘‘any title I condition shall identified by Docket ID No. EPA–R05– request to EPA to approve into the remain in effect without regard to permit expiration OAR–2017–0099 at https:// Minnesota SIP the conditions cited as or reissuance, and shall be restated in the reissued www.regulations.gov or via email to ‘‘Title I Condition: 40 CFR 50.4(SO permit.’’ MINN. R. 7007.0450 (2007). Minnesota has 2 initiated using the joint Title I/Title V document as [email protected]. For comments SIP); Title I Condition: 40 CFR 51; Title the enforceable document for imposing emission submitted at Regulations.gov, follow the I Condition: 40 CFR pt. 52, subp. Y’’ in limitations and compliance requirements in SIPs. online instructions for submitting FHR’s revised joint Title I/Title V The SIP requirements in the joint Title I/Title V comments. Once submitted, comments 1 document submitted by MPCA are cited as ‘‘Title document, Permit No. 03700011–101 I conditions,’’ therefore ensuring that SIP cannot be edited or removed from requirements remain permanent and enforceable. Regulations.gov. For either manner of 1 In 1995, EPA approved consolidated permitting EPA reviewed the state’s procedure for using joint submission, EPA may publish any regulations into the Minnesota SIP. (60 FR 21447, Title I/Title V documents to implement site specific comment received to its public docket. May 2, 1995). The consolidated permitting SIP requirements and found it to be acceptable regulations included the term ‘‘Title I condition’’ under both Title I and Title V of the Clean Air Act Do not submit electronically any which was written, in part, to satisfy EPA (July 3, 1997 letter from David Kee, EPA, to Michael information you consider to be requirements that SIP control measures remain J. Sandusky, MPCA).

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operate simultaneously with 21H1 d. #3 Crude/Coker Improvements. condition 5.162.4 in joint document 12 Steam/Air Heater Decoking unit (EQUI Improvements to the #3 crude/coker are revised to be labeled a ‘‘Minn. R. 493) and 21H2 Steam/Air Heater that were incorporated as ‘‘Title I 7009.0080’’ Title V condition in joint Decoking unit (EQUI 494) is being Condition: 40 CFR 50.4(SO2 SIP); Title document 101. This is acceptable removed from joint document 101. I Condition: 40 CFR 51; Title I because the federal SO2 standards are still contained in joint document 101 b. #4 Hydrogen Plant Reformer— Condition: 40 CFR pt. 52, subp. Y’’ and the erroneous condition 30H401 Furnace. conditions in a previous joint Title I/ Title V document (Permit No. incorporated into joint document 12 at The allowable SO2 emissions limit on 03700011–010) have been completed 81 FR 41447 does not affect FHR’s the 30H401 furnace for the #4 Hydrogen and as a result, SIP conditions for three ability to meet the SO2 NAAQS. process heaters (EQUI495/EU034, Plant Reformer is being lowered. This is III. SO SIP and Emissions Impacts because the originally approved EQUI496/EU035, and EQUI500/EU040) 2 and two process heaters for steam-air allowable SO2 limit for the heater Joint document 101 removes SIP assumed that it would operate on decoking activities (EQUI498/EU037 conditions for equipment that have been refinery fuel gas. Since start-up, the unit and EQUI499/EU038) are being removed approved for shutdown and from joint document 101. has primarily been operated on pressure decommissioning in joint document 12, swing adsorption offgas, which e. Cleanup. and that have been decommissioned originates as a natural gas ahead of the MPCA also requested to remove from from FHR and are no longer necessary. reformer and does not contain sulfur. the Minnesota SIP an emission limit for Joint document 101 also strengthens the Because of the dual-fuel operation of the the ammonium thiosulfate process unit Minnesota SIP by requiring new or more heater, its allowable SO2 limit has been that was erroneously labeled as a ‘‘Title stringent limits on equipment. As reduced to meet actual operating I Condition: 40 CFR 50.4(SO2 SIP); Title shown in Table 1, for the 3-hour, 24- conditions. I Condition: 40 CFR 51; Title I hour, and annual SO2 standards, c. Diesel Fire Water Pump at #4 Cooling Condition: 40 CFR pt. 52, subp. Y’’ allowable emissions are decreased by Tower. condition in the prior joint Title I/Title 95.402 lb/hr, 95.402 lb/hr, and 249.169 V document, Permit No. 3700011–12 tpy, respectively, from the impact of the The diesel fire water pump at the #4 (joint document 12). EPA had approved revisions to joint document 101. Joint cooling tower was decommissioned and joint document 12 into the Minnesota document 101 becomes effective upon so its SO2 emission limits are removed SIP on June 27, 2016 (81 FR 41447). The the effective date of EPA’s approval of from joint document 101. state-based SO2 limit for EQUI574 at MPCA’s February 8, 2017, request.

TABLE 1—SUMMARY OF CHANGES TO ALLOWABLE SO2 EMISSIONS IN JOINT DOCUMENT 101

Change to Change to allowable in allowable in Unit Section in lb/hr tpy permit (1-hr and 24- (annual stand- hr standards) ard)

COMG 28/GP 011/Diesel engines w/SIP conditions ...... 5.23.3 ¥0.002 ¥0.009 EQUI 471/EU 296/#4 Hydrogen Plant Reformer—Refining Equipment ...... 5.122.4 ¥69.4 ¥243.3

5.122.8 22.7 79.7 EQUI 495/EU 034/#3 Coker Heater—Process Heater ...... 5.133.1 ¥12.7 ¥44.6 EQUI496/EU 035/#3 Coker Heater—Process Heater ...... 5.134.1 ¥9.4 ¥13.4 EQUI 498/EU 037/Steam/Air Heater Decooking 23H–1—Process Heater ...... 5.135.1 ¥20.2 ¥4.26 EQUI 500/EU 040/#3 Crude Unit Charge Heater—Process Heater ...... 5.137.1 ¥19.5 ¥54.3 EQUI 1456/EQUI 24H–1/no description ...... 5.163.13 13.1 31

Total Change ...... ¥95.402 ¥249.169

Joint document 101 is approvable CFR 51; Title I Condition: 40 CFR pt. 52, available through www.regulations.gov, because EPA’s review of the revised subp. Y’’ in joint document 101. and at the EPA Region 5 Office (please document shows that reductions of contact the person identified in the ‘‘For V. Incorporation by Reference allowable SIP-based SO2 emissions, and Further Information Contact’’ section of strengthening of the Minnesota SIP will In this rule, EPA proposes to include this preamble for more information). occur through corrections, clarifications, in a final EPA rule regulatory text that VI. Statutory and Executive Order and revisions made since approval of includes incorporation by reference. In Reviews joint document 12. accordance with requirements of 1 CFR 51.5, EPA proposes to incorporate by Under the Clean Air Act, the IV. What action is EPA proposing? reference all the conditions in Administrator is required to approve a EPA is proposing to approve a Minnesota Permit No. 03700011–101 SIP submission that complies with the revision to Minnesota’s SO2 SIP for cited as ‘‘Title I Condition: 40 CFR provisions of the Clean Air Act and FHR, as submitted by MPCA on 50.4(S02 SIP); Title I Condition: 40 CFR applicable Federal regulations. 42 February 8, 2017, and reflected in 51; Title I Condition: 40 CFR pt. 52, U.S.C. 7410(k); 40 CFR 52.02(a). Thus, conditions labeled ‘‘Title I Condition: 40 subp. Y’’, effective January 13, 2017. in reviewing SIP submissions, EPA’s EPA has made, and will continue to role is to approve state choices, CFR 50.4(SO2 SIP); Title I Condition: 40 make, these documents generally provided that they meet the criteria of

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the Clean Air Act. Accordingly, this List of Subjects in 40 CFR Part 52 FEDERAL COMMUNICATIONS action merely approves state law as COMMISSION meeting Federal requirements and does Environmental protection, Air not impose additional requirements pollution control, Incorporation by 47 CFR Part 10 reference, Intergovernmental relations, beyond those imposed by state law. For [PS Docket Nos. 15–91, 15–94; DA 18–302] that reason, this action: Reporting and recordkeeping requirements, Sulfur oxides. • Is not a significant regulatory action Parties Asked To Refresh the Record subject to review by the Office of Dated: April 18, 2018. on Facilitating Multimedia Content in Management and Budget under Cathy Stepp, Wireless Emergency Alerts Executive Orders 12866 (58 FR 51735, Regional Administrator, Region 5. AGENCY: Federal Communications October 4, 1993) and 13563 (76 FR 3821, [FR Doc. 2018–08807 Filed 4–25–18; 8:45 am] Commission. January 21, 2011); BILLING CODE 6560–50–P ACTION: Proposed rule. • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory SUMMARY: In this document, the Public action because SIP approvals are Safety and Homeland Security Bureau exempted under Executive Order 12866; DEPARTMENT OF HEALTH AND (Bureau) seeks to refresh the record on • Does not impose an information HUMAN SERVICES the issue of facilitating multimedia collection burden under the provisions content (such as photos and maps) in of the Paperwork Reduction Act (44 Administration for Children and Wireless Emergency Alert (WEA) U.S.C. 3501 et seq.); Families messages raised in the 2016 Report and • Is certified as not having a Order and Further Notice of Proposed significant economic impact on a 45 CFR Part 1355 Rulemaking in this proceeding. substantial number of small entities DATES: Comments are due on or before under the Regulatory Flexibility Act (5 RIN 0970–AC76 May 29, 2018 and reply comments are U.S.C. 601 et seq.); due on or before June 11, 2018. • Does not contain any unfunded Adoption and Foster Care Analysis ADDRESSES: You may submit comments, mandate or significantly or uniquely and Reporting System identified by PS Docket Nos. 15–91 and affect small governments, as described 15–94, by any of the following methods: in the Unfunded Mandates Reform Act AGENCY: Children’s Bureau (CB), • Federal eRulemaking Portal: of 1995 (Public Law 104–4); Administration on Children Youth and https://www.regulations.gov. Follow the • Families (ACYF), Administration for instructions for submitting comments. Does not have Federalism Children and Families (ACF), • implications as specified in Executive Federal Communications Department of Health and Human Commission’s Website: https:// Order 13132 (64 FR 43255, August 10, Services (HHS). 1999); www.fcc.gov/ecfs/. Follow the instructions for submitting comments. • Is not an economically significant ACTION: Notice of Proposed Rulemaking; • correction. Mail: Filings can be sent by hand or regulatory action based on health or messenger delivery, by commercial safety risks subject to Executive Order overnight courier, or by first-class or SUMMARY: This document corrects the 13045 (62 FR 19885, April 23, 1997); overnight U.S. Postal Service mail Regulatory Identification Number (RIN) • Is not a significant regulatory action (although the Commission continues to that appeared in the heading of a Notice subject to Executive Order 13211 (66 FR experience delays in receiving U.S. of Proposed Rulemaking published in 28355, May 22, 2001); Postal Service mail). All filings must be the Federal Register of March 15, 2018. • Is not subject to requirements of addressed to the Commission’s Through that document, the Children’s Section 12(d) of the National Secretary, Office of the Secretary, Bureau proposed to delay the Technology Transfer and Advancement Federal Communications Commission. compliance and effective dates in the Act of 1995 (15 U.S.C. 272 note) because • People With Disabilities: Contact Adoption and Foster Care Analysis and application of those requirements would the FCC to request reasonable Reporting System (AFCARS) 2016 final be inconsistent with the Clean Air Act; accommodations (accessible format rule for title IV–E agencies to comply and documents, sign language interpreters, with agency rules for an additional two • CART, etc.) by Email: [email protected] Does not provide EPA with the fiscal years. discretionary authority to address, as or phone: (202) 418–0530 or TTY: (202) appropriate, disproportionate human DATES: April 26, 2018. 418–0432. For detailed instructions for health or environmental effects, using SUPPLEMENTARY INFORMATION: In the submitting comments and additional practicable and legally permissible Notice of Proposed Rulemaking FR Doc information on the rulemaking process, methods, under Executive Order 12898 2018–05038, beginning on page 11450 see the SUPPLEMENTARY INFORMATION (59 FR 7629, February 16, 1994). in the issue of March 15, 2018, the RIN In addition, the SIP is not approved appeared incorrectly in the heading of section of this document. to apply on any Indian reservation land the document as RIN 0970–AC47. The FOR FURTHER INFORMATION CONTACT: John or in any other area where EPA or an RIN is corrected to read ‘‘RIN 0970– A. Evanoff, Attorney-Advisor, Policy Indian tribe has demonstrated that a AC76’’. and Licensing Division, Public Safety tribe has jurisdiction. In those areas of and Homeland Security Bureau, (202) Dated: April 20, 2018. Indian country, the rule does not have 418–0848 or [email protected]. tribal implications and will not impose Ann C. Agnew, SUPPLEMENTARY INFORMATION: This is a substantial direct costs on tribal Executive Secretary to the Department, summary of the Commission’s governments or preempt tribal law as Department of Health and Human Services. document in PS Docket Nos. 15–91, 15– specified by Executive Order 13175 (65 [FR Doc. 2018–08736 Filed 4–25–18; 8:45 am] 94; DA 18–302, released on March 28, FR 67249, November 9, 2000). BILLING CODE 4184–25–P 2018. It is available on the

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Commission’s website at https:// messages. Also as of May 1, 2019, already reflected in the presenter’s www.fcc.gov. authorized State and local alert written comments, memoranda or other initiators will be able to conduct ‘‘end- filings in the proceeding, the presenter Synopsis to-end’’ WEA tests that can be received may provide citations to such data or 1. By this document, DA 18–302, the by members of their communities, in arguments in his or her prior comments, Public Safety and Homeland Security order to assess how WEA is working memoranda, or other filings (specifying Bureau (Bureau) of the Federal within their jurisdictions. the relevant page and/or paragraph Communications Commission 4. In response to The Commission numbers where such data or arguments (Commission) invites interested parties continues to consider the WEA can be found) in lieu of summarizing to update the record on the feasibility of FNPRM’s proposal regarding them in the memorandum. Documents including multimedia content in multimedia alerting, and the Bureau shown or given to Commission staff Wireless Emergency Alert (WEA) requests that interested commenters during ex parte meetings are deemed to messages. refresh the record with any new be written ex parte presentations and 2. Currently, the Commission’s rules information or arguments. Commenters must be filed consistent with rule do not specify technical requirements should address the technical feasibility 1.1206(b). In proceedings governed by for enabling multimedia content in for requiring multimedia content in rule 1.49(f) or for which the WEA alert messages. In the 2016 WEA WEA messages, including the current Commission has made available a Report and Order and Further Notice of state of multimedia testing and method of electronic filing, written ex Proposed Rulemaking (WEA R&O and standards development. Commenters parte presentations and memoranda FNPRM), 81 FR 78539, Nov. 8, 2016, the should also address with particularity summarizing oral ex parte Commission recognized that additional the potential costs and benefits to public presentations, and all attachments standards development remains safety and Participating CMS Providers thereto, must be filed through the necessary. Accordingly, the Commission for supporting the inclusion of electronic comment filing system sought comment regarding the multimedia content in WEA messages, available for that proceeding, and must establishment of an appropriate given the other changes to WEA that are be filed in their native format (e.g., .doc, regulatory framework and timeframe for currently ongoing. .xml, .ppt, searchable .pdf). Participants incorporating multimedia capability in this proceeding should familiarize into WEA alert messages. Numerous Procedural Matters themselves with the Commission’s ex stakeholders responded to that request. A. Accessible Formats parte rules. 3. Since the release of the WEA R&O 7. Comment and Reply Comment. and FNPRM, the Commission has taken 5. To request materials in accessible Pursuant to §§ 1.415 and 1.419 of the measures to strengthen WEA as a tool formats for people with disabilities Commission’s rules, 47 CFR 1.415, for emergency managers to (braille, large print, electronic files, 1.419, interested parties may file communicate with the public. For audio format), send an email to fcc504@ comments and reply comments on or example, the Commission revised its fcc.gov or call the Consumer & before the dates indicated on the first rules to ensure that emergency managers Governmental Affairs Bureau at 202– page of this document. Comments may can geographically target alerts to only 418–0530 (voice), 202–418–0432 (tty). be filed using the Commission’s those phones located in areas affected Contact the FCC to request reasonable Electronic Comment Filing System by an emergency. When the WEA accommodations for filing comments (ECFS). See Electronic Filing of program launched in 2012, Participating (accessible format documents, sign Documents in Rulemaking Proceedings, Commercial Mobile Service (CMS) language interpreters, CARTS, etc.) by 63 FR 24121 (1998). Providers were generally required to email: [email protected]; phone: (202) • Electronic Filers: Comments may be send alerts to a geographic area no larger 418–0530 (voice), (202) 418–0432 filed electronically using the internet by than the county or counties affected by (TTY). accessing the ECFS: http://apps.fcc.gov/ the emergency situation. As of B. Filing Requirements ecfs/. November 1, 2017, all Participating • Paper Filers: Parties who choose to CMS Providers must transmit alerts to a 6. Ex Parte Rules. This proceeding file by paper must file an original and geographic area that ‘‘best shall be treated as a ‘‘permit-but- one copy of each filing. If more than one approximates’’ the area affected by the disclose’’ proceeding in accordance docket or rulemaking number appears in emergency situation, and by November with the Commission’s ex parte rules. the caption of this proceeding, filers 30, 2019, all Participating CMS Persons making ex parte presentations must submit two additional copies for Providers must match the target area of must file a copy of any written each additional docket or rulemaking the alert. In addition to improving the presentation or a memorandum number. accuracy with which WEA messages summarizing any oral presentation Filings can be sent by hand or must be geo-targeted, the Commission within two business days after the messenger delivery, by commercial has taken action to improve emergency presentation (unless a different deadline overnight courier, or by first-class or managers’ ability to deliver more applicable to the Sunshine period overnight U.S. Postal Service mail. All effective content in WEA messages. For applies). Persons making oral ex parte filings must be addressed to the example, as of November 1, 2017, presentations are reminded that Commission’s Secretary, Office of the nationwide Participating CMS Providers memoranda summarizing the Secretary, Federal Communications must support the inclusion of embedded presentation must (1) list all persons Commission. references (i.e., URLs and phone attending or otherwise participating in • All hand-delivered or messenger- numbers) in WEA messages. By May 1, the meeting at which the ex parte delivered paper filings for the 2019, Participating CMS Providers also presentation was made, and (2) Commission’s Secretary must be must support longer WEA alerts (with summarize all data presented and delivered to FCC Headquarters at 445 the maximum Alert Message length arguments made during the 12th St. SW, Room TW–A325, increasing from 90 to 360 characters for presentation. If the presentation Washington, DC 20554. The filing hours 4G LTE and future networks) and the consisted in whole or in part of the are 8:00 a.m. to 7:00 p.m. All hand transmission of Spanish-language alert presentation of data or arguments deliveries must be held together with

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rubber bands or fasteners. Any 15, 2017, for the Pacific Coast flexibility in exchange for additional envelopes and boxes must be disposed groundfish fishery. The Council may monitoring and data collection of before entering the building. use the control date to limit the extent, requirements. • Commercial overnight mail (other location, or ability to use non-trawl gear The Magnuson-Stevens Fishery than U.S. Postal Service Express Mail types to harvest individual fishing quota Conservation and Management Act and Priority Mail) must be sent to 9050 (IFQ) (termed ‘gear switching’) in the requires that fishery management Junction Drive, Annapolis Junction, MD Pacific Coast groundfish fishery. The councils review catch share programs 20701. Council may or may not provide credit within five years after implementation. • U.S. Postal Service first-class, for any gear switching related activities The Council’s first five-year Catch Share Express, and Priority mail must be after the control date in any decision Program review concluded in November addressed to 445 12th Street SW, setting limits on gear switching. The 2017. As part of response to this review, Washington DC 20554. control date would account for Pacific the Council is considering changing the People With Disabilities: To request Coast groundfish fishery participants gear switching provision in the materials in accessible formats for with historic investment to engage in shorebased trawl IFQ component of the people with disabilities (braille, large gear switching should the Council set Catch Share Program. print, electronic files, audio format), limits to future participants eligible to The Council originally included gear send an email to [email protected] or call gear switch. switching in the Catch Share Program to the Consumer & Governmental Affairs DATES: Written comments must be provide flexibility to trawl harvesters. Bureau at 202–418–0530 (voice), 202– received by May 29, 2018. Gear switching allows vessels to use any legal non-trawl gear type to prosecute 418–0432 (tty). ADDRESSES: You may submit comments the shorebased trawl IFQ fishery. About C. Initial Paperwork Reduction Act of on the proposed rule identified by two-thirds of shorebased IFQ vessels 1995 Analysis ‘‘NOAA–NMFS–2018–0015’’ by either that have taken advantage of the gear of the following methods: 8. This document does not contain switching provision used fixed gear • Electronic Submission: Submit all proposed information collection (pots and longlines) prior to Catch Share electronic public comments via the requirements subject to the Paperwork Program implementation in 2011, and Federal e-Rulemaking Portal. Go to Reduction Act of 1995, Public Law 104– typically used these gears to target www.regulations.gov/ 13. In addition, therefore, it does not sablefish. The remaining vessels #!docketDetail;D=NOAA-NMFS-2018- contain any proposed information operating under the gear switching 0015, click the ‘‘Comment Now!’’ icon, collection burden for small business provision had not fished in the complete the required fields, and enter concerns with fewer than 25 employees, shorebased IFQ trawl fishery prior to or attach your comments. Catch Share Program implementation, pursuant to the Small Business • Mail: Submit written comments to and purchased or leased trawl permits Paperwork Relief Act of 2002, Public Frank Lockhart, NMFS West Coast and sablefish quota to fish with fixed Law 107–198, see 44 U.S.C. 3506(c)(4). Regional Office, 7600 Sand Point Way gear after 2011. The Catch Share Federal Communications Commission. NE, Seattle, WA 98115. Instructions: Comments sent by any Program five-year review identified gear Lisa Fowlkes, switching as a concern for many other method, to any other address or Chief, Public Safety and Homeland Security participants of the shorebased IFQ trawl individual, or received after the end of Bureau. fishery. Trawl vessels expressed the comment period, may not be [FR Doc. 2018–08772 Filed 4–25–18; 8:45 am] concern that fixed gear vessels targeting considered by NMFS. All comments BILLING CODE 6712–01–P sablefish in the shorebased IFQ fishery received are a part of the public record both depleted sablefish quota and and will generally be posted for public constrained the trawl fishery before viewing on www.regulations.gov DEPARTMENT OF COMMERCE vessels were able to attain quotas for without change. All personal identifying other target species that co-occur with information (e.g., name, address, etc.), National Oceanic and Atmospheric sablefish. Administration confidential business information, or At its September 2017 meeting, the otherwise sensitive information Council developed alternatives to limit 50 CFR Part 660 submitted voluntarily by the sender will the amount of quota available to vessels be publicly accessible. NMFS will [Docket No. 171030999–8375–01] that are gear switching, and the number accept anonymous comments (enter ‘‘N/ of participants eligible to continue gear RIN 0648–BH34 A’’ in the required fields if you wish to switching activity. The Council also remain anonymous). voted to set a control date of September Magnuson-Stevens Act Provisions; FOR FURTHER INFORMATION CONTACT: 15, 2017, to account for participants’ Fisheries Off West Coast States; Colin Sayre, NMFS West Coast Regional financial investment to engage in gear Pacific Coast Groundfish Fishery; Office, telephone: 206–526–4656, or switching in the shorebased IFQ trawl Shorebased Individual Fishing Quota email: [email protected]. fishery. By establishing this control Program SUPPLEMENTARY INFORMATION: The date, the Council is notifying industry AGENCY: National Marine Fisheries National Marine Fisheries Service that it may not provide credit for gear Service (NMFS), National Oceanic and (NMFS) implemented the West Coast switching related activity after this date, Atmospheric Administration (NOAA), Groundfish Trawl Catch Share Program in the event that it adopts restrictions on Commerce. on January 11, 2011. The Catch Share gear switching. ACTION: Advanced notice of proposed Program changed harvest management This announcement does not commit rulemaking; request for comments. in the trawl fishery from a trip limit the Council or NMFS to any particular system, with cumulative vessel trip action or outcome. The Council may or SUMMARY: This notice provides limits, to a quota system where vessels may not use the control date as part of information on a request by the Pacific can harvest quota shares at any time any deliberations and decisions on gear Fishery Management Council (Council) during an open season. The Catch Share switching. The Council may also choose to establish a control date of September Program offers industry increased to take no further action.

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Authority: 16 U.S.C. 1801 et seq., 16 otherwise sensitive information The Council considered past and U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. submitted voluntarily by the sender will current research on gold corals growth Dated: April 23, 2018. be publicly accessible. rates and recruitment. Past research on Samuel D. Rauch, III, FOR FURTHER INFORMATION CONTACT: Kate gold corals indicated that the linear Deputy Assistant Administrator for Taylor, NMFS PIR Sustainable growth rate of gold corals is Regulatory Programs, National Marine Fisheries, 808–725–5182. approximately 6.6 centimeters/year, Fisheries Service. suggesting a relatively young age for SUPPLEMENTARY INFORMATION: [FR Doc. 2018–08761 Filed 4–25–18; 8:45 am] Jewelry large coral colonies. However, updated designers use small amounts of precious BILLING CODE 3510–22–P research using radiocarbon dating corals to adorn their products. The revealed that gold corals in Hawaii precious corals fishery in the U.S. could have a growth rate of 0.14–0.40 DEPARTMENT OF COMMERCE Pacific Islands includes black, pink, centimeters/year and that colony ages bamboo, and gold corals. They are slow- ranged from 450–2,740 years. National Oceanic and Atmospheric growing and have low rates of natural Additional research also identified Administration mortality and recruitment. Unexploited previously unknown habitat populations are relatively stable, and a requirements for gold coral, specifically 50 CFR Part 665 wide range of age classes is generally that gold corals may depend on bamboo present. Due to the great longevity of [Docket No. 180202114–8361–01] corals to provide required substrate for individuals and the associated slow gold coral larvae. RIN 0648–BH60 population turnover rates, a long period of reduced fishing effort is required to Because of these uncertainties, the Pacific Island Fisheries; 5-Year restore a stock’s ability to produce at the Council and NMFS established a 5-year Extension of Moratorium on Harvest of maximum sustainable yield if a stock moratorium on harvesting gold corals in Gold Corals has been over-exploited. Fishermen 2008 (73 FR 47098, August 13, 2008). They extended the moratorium for AGENCY: harvest precious corals by various National Marine Fisheries another five years in 2013 (78 FR 32181, Service (NMFS), National Oceanic and methods, including hand-harvesting and submersibles. May 29, 2013). These moratoria have Atmospheric Administration (NOAA), prevented the potential for Commerce. Gold corals are suspension feeders, and live in deep water (100–1,500 overharvesting gold corals from a ACTION: Proposed rule; request for renewed fishery and allowed for comments. meters (m)) on hard substrates where bottom currents are strong, such as research on gold coral biology. The SUMMARY: This proposed rule would seamounts, ledges, pinnacles, walls, and current moratorium is scheduled to extend the current region-wide cliffs. Prior fishing effort harvested gold expire on June 30, 2018. moratorium on the harvest of gold corals corals by submersible or tangle net The Council continues to be in the U.S. Pacific Islands through June dredges. There are several beds of gold concerned about uncertainties related to 30, 2023. NMFS intends this proposed corals (Gerardia spp., Callogorgia the growth rates and habitat rule to prevent overfishing and to gilberti, Narella spp., and Calyptrophora requirements for gold coral, and stimulate research on gold corals. spp.) in the U.S. Exclusive Economic recognizes that fishery managers need DATES: NMFS must receive comments Zone (EEZ, generally 3–200 nautical more research to inform appropriate by May 11, 2018. miles from shore) around Hawaii. Gold measures for this fishery. This proposed ADDRESSES: You may submit comments coral distribution and abundance are rule would extend the moratorium on this document, identified by NOAA– unknown in the region beyond Hawaii, through June 30, 2023. The proposed NMFS–2018–0018, by either of the but they likely occur in the EEZ around action would prevent the potential for following methods: American Samoa, the Commonwealth of overfishing and allow such further • Electronic Submission: Submit all the Northern Mariana Islands, Guam, research on gold corals that could electronic public comments via the and the Pacific Remote Island Areas inform sustainable management models Federal e-Rulemaking Portal. Go to (PRIA: Baker Island, Howland Island, and reference points for appropriate https://www.regulations.gov/#!docket Jarvis Island, Wake Atoll, Johnston gold coral management measures. Detail;D=NOAA-NMFS-2018-0018, click Atoll, Kingman Reef, Midway Atoll, and NMFS must receive any public the ‘‘Comment Now!’’ icon, complete Palmyra Atoll). comments on this proposed rule by the the required fields, and enter or attach NMFS and the Western Pacific close of business on May 11, 2018, and your comments. Fishery Management Council (Council) will not consider late comments. • Mail: Send written comments to manage precious coral fisheries in the Michael D. Tosatto, Regional U.S. Pacific Islands under fishery Classification Administrator, NMFS Pacific Islands ecosystem plans (FEPs) for American Pursuant to section 304(b)(1)(A) of the Region (PIR), 1845 Wasp Blvd., Bldg. Samoa, Hawaii, the Mariana Magnuson-Stevens Act, the NMFS 176, Honolulu, HI 96818. Archipelago, and the PRIA. The FEPs Instructions: NMFS may not consider and associated Federal regulations at 50 Assistant Administrator has determined comments sent by any other method, to CFR part 665 require permits and data that this proposed rule is consistent any other address or individual, or reporting, and allow harvesting of with the FEPs for American Samoa, the received after the end of the comment precious corals only with selective gear PRIA, Hawaii, and the Mariana period. All comments received are a (e.g., submersibles, remotely-operated Archipelago, other provisions of the part of the public record and will vehicles, or by hand). There are also Magnuson-Stevens Act, and other generally be posted for public viewing bed-specific quotas, refuges from applicable law, subject to further on https://www.regulations.gov without fishing, and size limits. The fishery for consideration after public comment. change. All personal identifying gold corals, like most deepwater This proposed rule has been information (e.g., name, address, etc.), precious corals, has remained dormant determined to be not significant for confidential business information, or since 2001. purposes of Executive Order 12866.

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Certification of Finding of No deepwater precious corals, from PART 665—FISHERIES IN THE Significant Impact on Substantial exploratory areas off Hawaii. WESTERN PACIFIC Number of Small Entities Extending the moratorium on gold coral harvests will not likely cause ■ The Chief Counsel for Regulation of 1. The authority citation for 50 CFR immediate economic impact to the part 665 continues to read as follows: the Department of Commerce certified entity permitted to harvest gold corals. to the Chief Counsel for Advocacy of the Furthermore, this fishery is still Authority: 16 U.S.C. 1801 et seq. Small Business Administration that this characterized by high equipment and ■ 2. Revise § 665.169 to read as follows: proposed rule, if adopted, would not operating costs, continued safety have a significant economic impact on concerns and other logistical § 665.169 Gold coral harvest moratorium. a substantial number of small entities. constraints. Gold coral market prices are Fishing for, taking, or retaining any The proposed rule would extend the not high enough to offset those risks and gold coral in any precious coral permit current gold coral harvest moratorium expenses. Because of these challenges to area is prohibited through June 30, for five years. The current moratorium entities wishing to harvest and land is scheduled to expire on June 30, 2018. gold corals, interest in this fishery will 2023. The Western Pacific Fishery likely remain low even without the ■ 3. In § 665.269, revise note 2 to the Management Council (Council) moratorium. However, extending the table in paragraph (d) to read as follows: recommended extending the moratorium for another five years would moratorium through June 30, 2023. ensure that no harvesting of gold corals § 665.269 Quotas. would occur until at least 2023. The proposed action would * * * * * Additional research may better inform potentially affect any entity possessing (d) * * * future management decisions regarding a Federal western Pacific precious sustainable harvest of this resource. Notes: corals permit, because those entities The proposed rule does not duplicate, 1. No fishing for coral is authorized in would be permitted to harvest or land overlap, or conflict with other Federal refugia. gold corals, in addition to black, rules and is not expected to have 2. A moratorium on gold coral harvesting bamboo, pink, and red corals. Only one significant impact on small entities (as is in effect through June 30, 2023. entity, based in the state of Hawaii, discussed above), organizations or ■ currently possesses a permit (http:// government jurisdictions. There does 4. Revise § 665.270 to read as follows: www.fpir.noaa.gov/SFD/SFD_permits_ not appear to be disproportionate § 665.270 Gold coral harvest moratorium. index.html, accessed: February 2, 2018). economic impacts from the proposed NMFS believes that this entity would be rule based on home port, gear type, or Fishing for, taking, or retaining any considered a small entity because the relative vessel size. The proposed rule gold coral in any precious coral permit permit holder is engaged in the business will not place a substantial number of area is prohibited through June 30, of fish harvesting, independently owned small entities, or any segment of small 2023. or operated, not dominant in their field entities, at a significant competitive ■ 5. Revise § 665.469 to read as follows: of operation, and has annual gross disadvantage to large entities. As a receipts not in excess of $11 million. result, an initial regulatory flexibility § 665.469 Gold coral harvest moratorium. Although NMFS believes that the analysis is not required, and none has Fishing for, taking, or retaining any permit holder would be considered a been prepared. gold coral in any precious coral permit small entity, it is unlikely that the List of Subjects in 50 CFR 665 permit holder would begin to harvest area is prohibited through June 30, gold corals in the absence of a Administrative practice and 2023. moratorium. The Pacific Islands gold procedure, American Samoa, Deep sea ■ 6. Revise § 665.669 to read as follows: coral fishery had been dormant when coral, Fisheries, Fishing, Guam, Hawaii, the current moratorium went into effect Northern Mariana Islands, Pacific § 665.669 Gold coral harvest moratorium. in 2008, and extended in 2013. Gold Remote Island Areas, Precious coral. Fishing for, taking, or retaining any coral harvesting had occurred Dated: April 23, 2018. gold coral in any precious coral permit infrequently during the past 50 years. In Samuel D. Rauch III, area is prohibited through June 30, the late 1970s, harvesters used a Deputy Assistant Administrator for 2023. manned submersible to selectively take Regulatory Programs, National Marine [FR Doc. 2018–08784 Filed 4–25–18; 8:45 am] several thousand kilograms of gold coral Fisheries Service. off eastern Oahu, Hawaii. From 1999– For the reasons set out in the BILLING CODE 3510–22–P 2001, a second harvester took a small preamble, NMFS proposes to amend 50 amount of gold coral, along with other CFR part 665 as follows:

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Notices Federal Register Vol. 83, No. 81

Thursday, April 26, 2018

This section of the FEDERAL REGISTER potential persons who are to respond to Summary of Collection: The policy of contains documents other than rules or the collection of information that such the Forest Service (FS) is stated in proposed rules that are applicable to the persons are not required to respond to Forest Service Handbook (FSH 5109.16, public. Notices of hearings and investigations, the collection of information unless it chapters zero code, 10, 20, and 30), committee meetings, agency decisions and displays a currently valid OMB control ‘‘Use only evaluated, approved and rulings, delegations of authority, filing of petitions and applications and agency number. qualified fire chemicals.’’ This policy requires Agency to evaluate all wildland statements of organization and functions are Forest Service examples of documents appearing in this fire chemicals before use in fire section. Title: Small Business Timber Set- management activities on lands Aside Program: Appeal Procedures on managed by the FS. Additionally, FS Recomputation of Shares. needs to have available and utilize DEPARTMENT OF AGRICULTURE OMB Control Number: 0596–0141. adequate types and quantities of Summary of Collection: The Forest qualified fire chemical products to Submission for OMB Review; Service (FS) administers the Small accomplish fire management activities Comment Request Business Timber Sale Set-Aside safely, efficiently, and effectively. To April 23, 2018. Program in cooperation with the Small accomplish their objective, FS evaluates The Department of Agriculture has Business Administration (SBA) under chemical products that may be used in submitted the following information the authorities of the Small Business direct wildland fire suppression collection requirement(s) to OMB for Act (15 U.S.C. 631), which establishes operations prior to their use on lands review and clearance under the Federal policy regarding assistance managed by the FS. Safe products do Paperwork Reduction Act of 1995, provided to small businesses; the not include ingredients that create an Public Law 104–13. Comments are National Forest Management Act of enhanced risk, in typical use, to either requested regarding (1) whether the 1976; the Administrative Procedures the firefighters involved or the public in collection of information is necessary Act (5 U.S.C. 522); and SBA’s general. Safety to the environment in for the proper performance of the regulations found at 13 CFR part 121. terms of aquatic (fish, clean water) and functions of the agency, including The Set-Aside Program is designed to terrestrial environments (wildlife, whether the information will have ensure that qualifying small business plants) is also considered. practical utility; (2) the accuracy of the manufacturers can purchase a fair Need and Use of the Information: FS agency’s estimate of burden including portion of National Forest System will collect the listing of individual the validity of the methodology and sawtimber offered for sale. ingredients and quantity of these assumptions used; (3) ways to enhance Need and Use of the Information: ingredients in the formulation of a the quality, utility and clarity of the Under the program, the FS must re- product being submitted for evaluation information to be collected; and (4) compute the shares of timber sales to be to test the products using various ways to minimize the burden of the set aside for qualifying small businesses Technical Data Sheets and other forms. collection of information on those who every five years based on the actual The entity submitting the information are to respond, including through the volume of sawtimber purchased by provides the FS with the specific use of appropriate automated, small businesses. Re-computation of ingredients used in its product and electronic, mechanical, or other shares must occur if there is a change in identifies the specific source of supply technological collection techniques and manufacturing capability, if the for each ingredient. The information other forms of information technology. purchaser size class changes, or if collected is specific mixing Comments regarding this information certain purchaser(s) discontinue requirements and hydration collection received by May 29, 2018 will operations. The appeal information is requirements of gum-thickened be considered. Written comments collected in writing and is possible, in retardants. The information provided should be addressed to: Desk Officer for most locations to be sent via email and will allow the FS to search the List of Agriculture, Office of Information and attached documents to a Forest Service Known and Suspected Carcinogens, as Regulatory Affairs, Office of Officer. The collected information is well as the Environment Protection Management and Budget (OMB), New reviewed by FS officials who use the Agency’s List of Highly Hazardous Executive Office Building, 725 17th information to render decisions related Materials, to determine if any of the Street NW, Washington, DC 20503. to re-computations of timber sale share ingredients appear on any of these lists. Commentors are encouraged to submit to be set-aside for small business timber Without the information FS would not their comments to OMB via email to: purchasers. be able to assess the safety of the [email protected] or fax Description of Respondents: Business wildland fire chemicals utilized on FS (202) 395–5806 and to Departmental or other for-profit. managed land, since the specific Clearance Office, USDA, OCIO, Mail Number of Respondents: 40. ingredients and the quantity of each Stop 7602, Washington, DC 20250– Frequency of Responses: Reporting: ingredients used in a formulation would 7602. Copies of the submission(s) may On occasion. not be known. be obtained by calling (202) 720–8681. Total Burden Hours: 800. Description of Respondents: Business An agency may not conduct or or other for-profit. sponsor a collection of information Forest Service Number of Respondents: 3. unless the collection of information Title: Qualified Product List for Wild Frequency of Responses: Reporting: displays a currently valid OMB control Land Fire Chemicals. Other (once). number and the agency informs OMB Control Number: 0596–0182. Total Burden Hours: 41.

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Forest Service that were or will be undertaken prior of having their full effect if received by Title: Generic Information Collection fielding the study. Depending on the May 29, 2018. Copies of the and Clearance of Qualitative Feedback degree of influence, the results are likely submission(s) may be obtained by on Agency Service Delivery. to have such collections may still be calling (202) 720–8681. OMB Control Number: 0596–0226. eligible for submission for other generic An agency may not conduct or Summary of Collection: Executive mechanisms that are designed to yield sponsor a collection of information Order 12862 directs Federal agencies to quantitative results. unless the collection of information provide service to the public that Description of Respondents: Farms; displays a currently valid OMB control matches or exceeds the best service Business or other for-profit; Not-for- number and the agency informs available in the private sector. profit Institutions and State, Local or potential persons who are to respond to Tribal Government. the collection of information that such Improving Forest Service (FS) programs Number of Respondents: 1,875,000. persons are not required to respond to requires ongoing assessment of service Frequency of Responses: Reporting: the collection of information unless it delivery, by which we mean systematic On occasion. displays a currently valid OMB control review of the operation of a program Total Burden Hours: 468,750. number. compared to a set of explicit or implicit standards, as a means of contributing to Ruth Brown, National Agricultural Statistics Service the continuous improvement of the Departmental Information Collection Title: Milk and Milk Products. Clearance Officer. program. OMB Control Number: 0535–0020. Need and Use of the Information: The [FR Doc. 2018–08741 Filed 4–25–18; 8:45 am] Summary of Collection: The National information collection activity will BILLING CODE 3411–15–P Agricultural Statistics Service’s (NASS) garner qualitative customer and primary function is to prepare and issue stakeholder feedback in an efficient, current official State and national timely manner, in accordance with the DEPARTMENT OF AGRICULTURE estimates of crop and livestock Administration’s commitment to Submission for OMB Review; production, prices and disposition, and improving service delivery. By Comment Request to collect information on related qualitative feedback we mean environmental, land values, farm information that provides useful April 23, 2018. numbers, and other economic factors. insights on perceptions and opinions, The Department of Agriculture will Estimates of milk production and but are not statistical surveys that yield submit the following information manufactured dairy products are an quantitative results that can be collection requirement(s) to OMB for integral part of this program. Milk and generalized to the population of study. review and clearance under the dairy statistics are used by the U.S. This feedback will provide insights into Paperwork Reduction Act of 1995, Department of Agriculture (USDA) to customer or stakeholder perceptions, Public Law 104–13 on or after the date help administer price support programs experiences and expectations, provide of publication of this notice. Comments and by the dairy industry in planning, an early warning of issues with service, are requested regarding: (1) Whether the pricing, and projecting supplies of milk or focus attention on areas where collection of information is necessary and milk products. The general communication, training or changes in for the proper performance of the authority for these data collection operations might improve delivery of functions of the agency, including activities is granted under U.S. Code products or services. These collections whether the information will have Title 7, Section 2204. The legislative will allow for ongoing, collaborative and practical utility; (2) the accuracy of the actions which affect these surveys are actionable communications between FS agency’s estimate of burden including the ‘‘Dairy Market Enhancement Act of and its customers and stakeholders. It the validity of the methodology and 2000,’’ U.S. Code Title 7, Section 1621, will also allow feedback to contribute assumptions used; (3) ways to enhance and Public Law 106–532 which changed directly to the improvement of program the quality, utility and clarity of the the program from voluntary to management. information to be collected; and (4) mandatory for reporting the moisture Feedback collected under this generic ways to minimize the burden of the content of cheddar cheese plus the price clearance will provide useful collection of information on those who and quantity of cheddar cheese, butter, information, but it will not yield data are to respond, including through the non-fat dry milk, and dry whey. In April that can be generalized to the overall use of appropriate automated, 2012 the authority for collecting Dairy population. This type of generic electronic, mechanical, or other Product Prices was moved from NASS clearance for qualitative information technological collection techniques or to the Agricultural Marketing Service. will not be used for quantitative other forms of information technology NASS will continue to collect milk information collections that are should be addressed to: Desk Officer for production and manufactured dairy designed to yield reliably actionable Agriculture, Office of Information and product data under this OMB approval. results, such as monitoring trends over Regulatory Affairs, Office of Need and Use of the Information: time or documenting program Management and Budget (OMB), New NASS will collect information quarterly performance. Such data uses require Executive Office Building, Washington, with the Milk Production Survey. The more rigorous designs that address: The DC; New Executive Office Building, monthly Milk and Milk Products target population to which 725–17th Street NW, Washington, DC surveys obtain basic agricultural generalizations will be made, the 20503. Commenters are encouraged to statistics on milk production and sampling frame, the sample design submit their comments to OMB via manufactured dairy products from (including stratification and clustering), email to: OIRA_Submission@ farmers and processing plants the precision requirements or power omb.eop.gov or fax (202) 395–5806 and throughout the nation. Data are gathered calculations that justify the proposed to Departmental Clearance Office, for milk production, evaporated and sample size, the expected response rate, USDA, OCIO, Mail Stop 7602, condensed milk, dairy products, methods for assessing potential non- Washington, DC 20250–7602. manufactured dry milk and response bias, the protocols for data Comments regarding these manufactured whey products. Estimates collection, and any testing procedures information collections are best assured of total milk production, number of milk

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cow, and milk production per cow, are www.regulations.gov/#!docketDetail; provide matching funds in an amount at used by the dairy industry in planning, D=APHIS-2018-0011 or in our reading least equal to the Federal grant. These pricing, and projecting supplies of milk room, which is located in room 1141 of grants will be made to qualified and milk products. The mandatory dairy the USDA South Building, 14th Street intermediary organizations that will product information reporting requires and Independence Avenue SW, provide financial and technical each manufacturer to report the price, Washington, DC. Normal reading room assistance to recipients to develop their quantity and moisture content of dairy hours are 8 a.m. to 4:30 p.m., Monday capacity and ability to undertake products sold and each entity storing through Friday, except holidays. To be projects related to housing, community dairy products to report information on sure someone is there to help you, facilities, or community and economic the quantity of dairy products stored. please call (202) 799–7039 before development that will support the Collecting data less frequently would coming. community. prevent USDA and the agricultural FOR FURTHER INFORMATION CONTACT: Dr. This Notice lists the information industry from keeping abreast of Tracy Nichols, Staff Officer, Cervid needed to submit an application for changes at the State and National level. Health Team, Surveillance, these funds. This Notice announces that Description of Respondents: Farms; Preparedness, and Response Services, the Agency is accepting fiscal year (FY) Business or other for-profit. VS, APHIS, USDA, 2150 Centre Avenue, 2018 applications for the RCDI program. Number of Respondents: 18,850. The Agency will publish the amount of Frequency of Responses: Reporting: Bldg. B, Fort Collins, CO 80526; (970) 494–7380. funding received in the appropriations Quarterly; Monthly; Annually. act on its website at https:// SUPPLEMENTARY INFORMATION: Total Burden Hours: 13,081. www.rd.usda.gov/newsroom/notices- On March 29, 2018, we published in solicitation-applications-nosas. Ruth Brown, the Federal Register (83 FR 13469– Departmental Information Collection 13470, Docket No. APHIS–2018–0011) a DATES: The deadline for receipt of an Clearance Officer. notice of availability of a revised version application is 4 p.m. local time, June 25, [FR Doc. 2018–08813 Filed 4–25–18; 8:45 am] of the Chronic Wasting Disease Herd 2018. The application date and time are BILLING CODE 3410–20–P Certification Program Standards. These firm. The Agency will not consider any standards provide guidance on how to application received after the deadline. meet program and interstate movement Applicants intending to mail DEPARTMENT OF AGRICULTURE requirements. The proposed revisions applications must provide sufficient addressed concerns of State and time to permit delivery on or before the Animal and Plant Health Inspection industry participants about the existing closing deadline date and time. Service standards. Acceptance by the United States Postal [Docket No. APHIS–2018–0011] Comments were required to be Service or private mailer does not received on or before April 30, 2018. We constitute delivery. Facsimile (FAX), Notice of Availability of Proposed are extending the comment period on electronic mail, and postage due Changes to the Chronic Wasting Docket No. APHIS–2018–0011 for an applications will not be accepted. Disease Herd Certification Program additional 30 days. This action will ADDRESSES: Entities wishing to apply for Standards allow interested persons additional time assistance may download the AGENCY: Animal and Plant Health to prepare and submit comments. application documents and Inspection Service, USDA. Authority: 7 U.S.C. 8301–8317; 7 CFR requirements delineated in this Notice from the RCDI website: http:// ACTION: Notice; extension of comment 2.22, 2.80, and 371.4. www.rd.usda.gov/programs-services/ period. Done in Washington, DC, this 20th day of rural-community-development- April 2018. initiative-grants. SUMMARY: We are extending the Michael C. Gregoire, comment period for our notice of Application information for electronic Acting Administrator, Animal and Plant submissions may be found at http:// availability of a revised version of the Health Inspection Service. Chronic Wasting Disease Herd www.grants.gov. [FR Doc. 2018–08787 Filed 4–25–18; 8:45 am] Certification Program Standards. This Applicants may also request paper action will allow interested persons BILLING CODE 3410–34–P application packages from the Rural additional time to prepare and submit Development office in their state. A list comments. DEPARTMENT OF AGRICULTURE of Rural Development State offices contacts can be found via https:// DATES: We will consider all comments _ _ _ that we receive on or before May 30, Rural Housing Service www.rd.usda.gov/files/CF State Office 2018. Contacts.pdf. Notice of Solicitation of Applications FOR FURTHER INFORMATION CONTACT: The ADDRESSES: You may submit comments (NOSA) for the Rural Community by either of the following methods: Rural Development office for the state in • Development Initiative (RCDI) for which the applicant is located. A list of Federal eRulemaking Portal: Go to Fiscal Year 2018 http://www.regulations.gov/ Rural Development State Office contacts #!docketDetail;D=APHIS-2018-0011. AGENCY: Rural Housing Service, USDA. is provided at the following link: • https://www.rd.usda.gov/files/CF_State_ Postal Mail/Commercial Delivery: ACTION: Notice. Send your comment to Docket No. Office_Contacts.pdf. APHIS–2018–0011, Regulatory Analysis SUMMARY: The Rural Housing Service Paperwork Reduction Act and Development, PPD, APHIS, Station (Agency), an agency within the USDA 3A–03.8, 4700 River Road Unit 118, Rural Development mission area, The paperwork burden has been Riverdale, MD 20737–1238. announces the acceptance of cleared by the Office of Management Supporting documents and any applications under the Rural and Budget (OMB) under OMB Control comments we receive on this docket Community Development Initiative Number 0575–0180. may be viewed at http:// (RCDI) program. Applicants must SUPPLEMENTARY INFORMATION:

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Preface amended most recently by the Federal tax liability that has been The Agency encourages applications Consolidated Appropriations Act, 2018 assessed, for which all judicial and that will support recommendations (Pub. L. 115–141) to develop the administrative remedies have been made in the Rural Prosperity Task Force capacity and ability of private, nonprofit exhausted or have lapsed, and that is report to help improve life in rural community-based housing and not being paid in a timely manner America (www.usda.gov/ community development organizations, pursuant to an agreement with the ruralprosperity). Applicants are low-income rural communities, and authority responsible for collecting the encouraged to consider projects that federally recognized Native American tax liability, is not eligible for financial provide measurable results in helping Tribes to undertake projects related to assistance provided with funds, unless rural communities build robust and housing, community facilities, or a Federal agency has considered sustainable economies through strategic community and economic development suspension or debarment of the investments in infrastructure, in rural areas. Strengthening the corporation and has made a determination that this further action is partnerships, and innovation. Key recipient’s capacity in these areas will not necessary to protect the interests of strategies include: benefit the communities they serve. The • Achieving e-Connectivity for Rural RCDI structure requires the the Government. In addition, none of America intermediary (grantee) to provide a the funds appropriated or otherwise • Developing the Rural Economy program of financial and technical made available by this or any other Act • Harnessing Technological assistance to recipients. The recipients may be available for a contract, grant, or Innovation will, in turn, provide programs to their cooperative agreement with an entity • Supporting a Rural Workforce communities (beneficiaries). that requires employees or contractors • Improving Quality of Life of such entity seeking to report fraud, B. Federal Award Information waste, or abuse to sign internal Overview The Agency will publish the amount confidentiality agreements or statements Federal Agency: Rural Housing of funding received in the FY 2018 prohibiting or otherwise restricting such Service. Appropriations Act on its website at employees or contractors from lawfully Funding Opportunity Title: Rural https://www.rd.usda.gov/newsroom/ reporting such waste, fraud, or abuse to Community Development Initiative. notices-solicitation-applications-nosas. a designated investigative or law Announcement Type: Initial Qualified private organizations, enforcement representative of a Federal Announcement. nonprofit organizations and public department or agency authorized to Catalog of Federal Domestic (including tribal) intermediary receive such information. Additionally, Assistance (CFDA) Number: 10.446. organizations proposing to carry out no funds appropriated in this or any Dates: The deadline for receipt of an financial and technical assistance other Act may be used to implement or application is 4 p.m. local time, June 25, programs will be eligible to receive the enforce the agreements in Standard 2018. The application date and time are grant funding. Forms 312 and 4414 of the Government firm. The Agency will not consider any The intermediary will be required to or any other nondisclosure policy, form, application received after the deadline. provide matching funds in an amount at or agreement if such policy, form, or Applicants intending to mail least equal to the RCDI grant. agreement does not contain the applications must provide sufficient A grant will be the type of assistance following provisions: ‘‘These provisions time to permit delivery on or before the instrument awarded to successful are consistent with and do not closing deadline date and time. applications. supersede, conflict with, or otherwise Acceptance by the United States Postal The respective minimum and alter the employee obligations, rights, or Service or private mailer does not maximum grant amount per liabilities created by existing statute or constitute delivery. Facsimile (FAX), intermediary is $50,000 and $250,000. Executive order relating to (1) classified electronic mail and postage due Grant funds must be utilized within 3 information, (2) communications to applications will not be accepted. Prior years from date of the award. Congress, (3) the reporting to an to official submission of applications, A grantee that has an outstanding Inspector General of a violation of any applicants may request technical RCDI grant over 3 years old, as of the law, rule, or regulation, or assistance or other application guidance application due date in this Notice, is mismanagement, a gross waste of funds, from the Agency, as long as such not eligible to apply for this round of an abuse of authority, or a substantial requests are made prior to June 15, funding. and specific danger to public health or 2018. Technical assistance is not meant The intermediary must provide a safety, or (4) any other whistleblower to be an analysis or assessment of the program of financial and technical protection. quality of the materials submitted, a assistance to one or more of the (b) A nondisclosure agreement may substitute for agency review of following: a private, nonprofit continue to be implemented and completed applications, nor a community-based housing and enforced notwithstanding subsection (a) determination of eligibility, if such development organization, a low- if it complies with the requirements for determination requires in-depth income rural community or a federally such agreement that were in effect when analysis. The Agency will not solicit or recognized tribe. the agreement was entered into. consider scoring or eligibility (a) Restrictions substantially similar (c) No funds appropriated in this or information that is submitted after the to Sections 743, 744, 745, and 746 any other Act may be used to implement application deadline. The Agency outlined in Title VII, ‘‘General or enforce any agreement entered into reserves the right to contact applicants Provisions—Government-Wide’’ of the during fiscal year 2014 which does not to seek clarification information on Consolidated Appropriations Act, 2018 contain substantially similar language to materials contained in the submitted (Pub. L. 115–141) will apply unless that required in subsection (a).’’ application. noted on the rural development website. Any corporation (i) that has been C. Eligibility Information A. Program Description convicted of a felony criminal violation Applicants must meet all of the Congress first authorized the RCDI in under any Federal law within the past following eligibility requirements by the 1999 (Pub.L. 106–78, which was 24 months or (ii) that has any unpaid application deadline. Applications

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which fail to meet any of these 2. Cost Sharing or Matching office is located must be at or below 80 requirements by the application There is a matching requirement of at percent of the State or national median deadline will be deemed ineligible and least equal to the amount of the grant. household income, whichever is higher. will not be evaluated further, and will If this matching funds requirement is The applicable Rural Development State not receive a Federal award. not met, the application will be deemed Office can assist in determining the ineligible. See section D, Application eligibility of an area. 1. Eligible Applicants A listing of Rural Development State and Submission Information, for Office contacts can be found at the (a) Qualified private organizations, required pre-award and post award following link: https:// nonprofit organizations (including faith- matching funds documentation www.rd.usda.gov/files/CF_State_Office_ based and community organizations and submission. Contacts.pdf. A map showing eligible philanthropic foundations), in Matching funds are cash or confirmed rural areas can be found at the following accordance with 7 CFR part 16, and funding commitments that must be at link: http://eligibility.sc.egov.usda.gov/ public (including tribal) intermediary least equal to the grant amount and eligibility/welcomeAction.do? organizations are eligible applicants. committed for a period of not less than pageAction=RBSmenu&NavKey= Definitions that describe eligible the grant performance period. These property@13. organizations and other key terms are funds can only be used for eligible RCDI (b) RCDI grantees that have an listed below. activities and must be used to support outstanding grant over 3 years old, as of the overall purpose of the RCDI (b) The recipient must be a nonprofit the application due date in this Notice, program. community-based housing and will not be eligible to apply for this In-kind contributions such as salaries, development organization, low-income round of funding. Grant and matching donated time and effort, real and rural community, or federally funds must be utilized in a timely nonexpendable personal property and recognized tribe based on the RCDI manner to ensure that the goals and goods and services cannot be used as definitions of these groups. objectives of the program are met. matching funds. (c) Private nonprofit, faith or (c) Individuals cannot be recipients. Grant funds and matching funds must community-based organizations must (d) The intermediary must provide a be used in equal proportions. This does provide a certificate of incorporation program of financial and technical not mean funds have to be used equally and good standing from the Secretary of assistance to the recipient. by line item. the State of incorporation, or other (e) The intermediary organization The request for advance or similar and valid documentation of must have been legally organized for a reimbursement and supporting current nonprofit status. For low- minimum of 3 years and have at least documentation must show that RCDI income rural community recipients, the 3 years prior experience working with fund usage does not exceed the Agency requires evidence that the entity private nonprofit community-based cumulative amount of matching funds is a public body and census data housing and development organizations, used. verifying that the median household low-income rural communities, or tribal Grant funds will be disbursed organizations in the areas of housing, income of the community where the pursuant to relevant provisions of 2 CFR office receiving the financial and community facilities, or community and parts 200 and 400. See Section D, economic development. technical assistance is located is at, or Application and Submission below, 80 percent of the State or (f) Proposals must be structured to Information, for matching funds utilize the grant funds within 3 years national median household income, documentation and pre-award whichever is higher. For federally from the date of the award. requirements. (g) Each applicant, whether singularly recognized tribes, the Agency needs the The intermediary is responsible for or jointly, may only submit one page listing their name from the current demonstrating that matching funds are application for RCDI funds under this Federal Register list of tribal entities available, and committed for a period of Notice. This restriction does not recognized and eligible for funding not less than the grant performance preclude the applicant from providing services (see the definition of federally period to the RCDI proposal. Matching matching funds for other applications. recognized tribes in this Notice for funds may be provided by the (h) Recipients can benefit from more details on this list). intermediary or a third party. Other than one RCDI application; however, (d) Any corporation (1) that has been Federal funds may be used as matching after grant selections are made, the convicted of a felony criminal violation funds if authorized by statute and the recipient can only benefit from multiple under any Federal law within the past purpose of the funds is an eligible RCDI RCDI grants if the type of financial and 24 months or (2) that has any unpaid purpose. technical assistance the recipient will Federal tax liability that has been RCDI funds will be disbursed on an receive is not duplicative. The services assessed, for which all judicial and advance or reimbursement basis. described in multiple RCDI grant administrative remedies have been Matching funds cannot be expended applications must have separate and exhausted or have lapsed, and that is prior to execution of the RCDI Grant identifiable accounts for compliance not being paid in a timely manner Agreement. purposes. pursuant to an agreement with the (i) The intermediary and the recipient 3. Other Program Requirements authority responsible for collecting the cannot be the same entity. The recipient tax liability; is not eligible for financial (a) The recipient and beneficiary, but can be a related entity to the assistance provided with full-year not the intermediary, must be located in intermediary, if it meets the definition appropriated funds for Fiscal Year 2018, an eligible rural area. The physical of a recipient, provided the relationship unless a Federal agency has considered location of the recipient’s office that does not create a Conflict of Interest that suspension or debarment of the will be receiving the financial and cannot be resolved to Rural corporation and has made a technical assistance must be in an Development’s satisfaction. determination that this further action is eligible rural area. If the recipient is a (j) If the recipient is a low-income not necessary to protect the interests of low-income community, the median rural community, identify the unit of the Government. household income of the area where the government to which the financial and

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technical assistance will be provided, (b) Funding a revolving loan fund recipient, the intermediary must e.g., town council or village board. The (RLF). provide the technical assistance to the financial and technical assistance must (c) Construction (in any form). entity that represents the low-income be provided to the organized unit of (d) Salaries for positions involved in community and is identified in the government representing that construction, renovations, application. Examples of entities community, not the community at large. rehabilitation, and any oversight of representing a low-income community these types of activities. are a village board or a town council. 4. Eligible Grant Purposes (e) Intermediary preparation of If the intermediary provides technical Fund uses must be consistent with the strategic plans for recipients. assistance to the Board of the low- RCDI purpose. A nonexclusive list of (f) Funding prostitution, gambling, or income community on how to establish eligible grant uses includes the any illegal activities. a cooperative, this would be an eligible following: (g) Grants to individuals. purpose. However, if the intermediary (a) Provide technical assistance to (h) Funding a grant where there may works directly with individuals from develop recipients’ capacity and ability be a conflict of interest, or an the community to establish the to undertake projects related to housing, appearance of a conflict of interest, cooperative, this is not an eligible community facilities, or community and involving any action by the Agency. purpose. economic development, e.g., the (i) Paying obligations incurred before The recipient’s capacity is built by intermediary hires a staff person to the beginning date without prior Agency learning skills that will enable them to provide technical assistance to the approval or after the ending date of the support sustainable economic recipient or the recipient hires a staff grant agreement. development in their communities on person, under the supervision of the (j) Purchasing real estate. an ongoing basis. intermediary, to carry out the technical (k) Improvement or renovation of the assistance provided by the intermediary. grantee’s or recipient’s office space or (c) The intermediary may provide (b) Develop the capacity of recipients for the repair or maintenance of technical assistance to the recipient on to conduct community development privately owned vehicles. how to create and operate a revolving programs, e.g., homeownership (l) Any purpose prohibited in 2 CFR loan fund. The intermediary may not education or training for business part 200 or 400. monitor or operate the revolving loan entrepreneurs. (m) Using funds for recipient’s general fund. RCDI funds, including matching (c) Develop the capacity of recipients operating costs. funds, cannot be used to fund revolving to conduct development initiatives, e.g., (n) Using grant or matching funds for loan funds. programs that support micro-enterprise Individual Development Accounts. (d) The intermediary may work with and sustainable development. (o) Purchasing vehicles. recipients in building their capacity to (d) Develop the capacity of recipients 6. Program Examples and Restrictions provide planning and leadership to increase their leveraging ability and development training. The recipients of access to alternative funding sources by The following are examples of eligible this training would be expected to providing training and staffing. and ineligible purposes under the RCDI assume leadership roles in the (e) Develop the capacity of recipients program. (These examples are development and execution of regional to provide the technical assistance illustrative and are not meant to limit strategic plans. The intermediary would component for essential community the activities proposed in the work with multiple recipients in facilities projects. application. Activities that meet the helping communities recognize their (f) Assist recipients in completing pre- objectives of the RCDI program and connections to the greater regional and development requirements for housing, meet the criteria outlined in this Notice national economies. community facilities, or community and will be considered eligible.) (e) The intermediary could provide economic development projects by (a) The intermediary must work training and technical assistance to the providing resources for professional directly with the recipient, not the recipients on developing emergency services, e.g., architectural, engineering, ultimate beneficiaries. As an example: shelter and feeding, short-term housing, or legal. The intermediary provides training to search and rescue, and environmental (g) Improve recipient’s organizational the recipient on how to conduct accident, prevention, and cleanup capacity by providing training and homeownership education classes. The program plans. For longer term disaster resource material on developing recipient then provides ongoing and economic crisis responses, the strategic plans, board operations, homeownership education to the intermediary could work with the management, financial systems, and residents of the community—the recipients to develop job placement and information technology. ultimate beneficiaries. This ‘‘train the training programs, and develop (h) Purchase of computers, software, trainer’’ concept fully meets the intent coordinated transit systems for and printers, limited to $10,000 per of this initiative. The intermediary is displaced workers. award, at the recipient level when providing technical assistance that will directly related to the technical build the recipient’s capacity by D. Application and Submission assistance program being undertaken by enabling them to conduct Information the intermediary. homeownership education classes for 1. Address To Request Application (i) Provide funds to recipients for the public. Package training-related travel costs and training This is an eligible purpose. However, expenses related to RCDI. if the intermediary directly provided Entities wishing to apply for homeownership education classes to assistance may download the 5. Ineligible Fund Uses individuals in the recipient’s service application documents and The following is a list of ineligible area, this would not be an eligible requirements delineated in this Notice grant uses: purpose because the recipient would be from the RCDI website: http:// (a) Pass-through grants, and any funds bypassed. www.rd.usda.gov/programs-services/ provided to the recipient in a lump sum (b) If the intermediary is working with rural-community-development- that are not reimbursements. a low-income community as the initiative-grants.

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Application information for electronic statement if matching funds are in cash (2) Low-income rural community— submissions may be found at http:// or a copy of the confirmed funding provide evidence the entity is a public www.grants.gov. commitment from the funding source. body (copy of Charter, relevant Acts of Applicants may also request paper The verification must show that Assembly, relevant court orders (if application packages from the Rural matching funds are available for the created judicially) or other valid Development office in their state. A list duration of the grant performance documentation), a copy of the 2010 of Rural Development State office period. The verification of matching census data to verify the population, contacts can be found via https:// funds must be submitted with the and 2010 American Community Survey www.rd.usda.gov/files/CF_State_Office_ application or the application will be (ACS) 5-year estimates (2006—2010 data Contacts.pdf. You may also obtain a considered incomplete. set) data as evidence that the median copy by calling 202–205–9685. The applicant will be contacted by the household income is at, or below, 80 2. Content and Form of Application Agency prior to grant award to verify percent of either the State or national Submission that the matching funds provided with median household income. We will the application continue to be available. only accept data and printouts from If the applicant is ineligible or the The applicant will have 15 days from http://www.census.gov. application is incomplete, the Agency the date contacted to submit verification (3) Federally recognized tribes— will inform the applicant in writing of that matching funds continue to be provide the page listing their name from the decision, reasons therefore, and its available. the Federal Register list of tribal entities appeal rights and no further evaluation If the applicant is unable to provide published most recently by the Bureau of the application will occur. the verification within that timeframe, of Indian Affairs. The 2018 list is A complete application for RCDI the application will be considered available at 83 FR 4235 pages 4235– funds must include the following: ineligible. The applicant must maintain 4241 and https://www.gpo.gov/fdsys/ (a) A summary page, double-spaced bank statements on file or other pkg/FR-2018-01-30/pdf/2018-01907.pdf. between items, listing the following: documentation for a period of at least 3 For Tribes that received federal (This information should not be years after grant closing except that the recognition after the most recent presented in narrative form.) publication, statutory citations and (1) Applicant’s name, records shall be retained beyond the 3- (2) Applicant’s address, year period if audit findings have not additional documentation may suffice. (3) Applicant’s telephone number, been resolved. (h) Each of the ‘‘Evaluation Criteria’’ (4) Name of applicant’s contact (f) The following information for each must be addressed specifically and person, email address and telephone recipient: individually by category. Present these number, (1) Recipient’s entity name, criteria in narrative form. Narrative (not (5) Applicant’s fax number, (2) Complete address (mailing and including attachments) must be limited (6) County where applicant is located, physical location, if different), to five pages per criterion. The (7) Congressional district number (3) County where located, ‘‘Population and Income’’ criteria for where applicant is located, (4) Number of Congressional district recipient locations can be provided in (8) Amount of grant request, and where recipient is located, the form of a list; however, the source (9) Number of recipients. (5) Contact person’s name, email of the data must be included on the (b) A detailed Table of Contents address and telephone number and, page(s). containing page numbers for each (6) Form RD 400–4, ‘‘Assurance (i) A timeline identifying specific component of the application. Agreement.’’ If the Form RD 400–4 is activities and proposed dates for (c) A project overview, no longer than not submitted for the applicant and each completion. one page, including the following items, recipient, the recipient will be (j) A detailed project budget that which will also be addressed separately considered ineligible. No information includes the RCDI grant amount and and in detail under ‘‘Building Capacity pertaining to that recipient will be matching funds. This should be a line- and Expertise’’ of the ‘‘Evaluation included in the income or population item budget, by category. Categories Criteria.’’ such as salaries, administrative, other, (1) The type of technical assistance to scoring criteria and the requested and indirect costs that pertain to the be provided to the recipients and how funding may be adjusted due to the proposed project must be clearly it will be implemented. deletion of the recipient. (2) How the capacity and ability of the (g) Submit evidence that each defined. Supporting documentation recipients will be improved. recipient entity is eligible. listing the components of these (3) The overall goals to be Documentation must be submitted to categories must be included. The budget accomplished. verify recipient eligibility. Acceptable should be dated: Year 1, year 2, and year (4) The benchmarks to be used to documentation varies depending on the 3, as applicable. measure the success of the program. type of recipient: (k) The indirect cost category in the Benchmarks should be specific and (1) Nonprofits—provide a current project budget should be used only quantifiable. valid letter confirming non-profit status when a grant applicant has a federally (d) Organizational documents, such as from the Secretary of the State of negotiated indirect cost rate. A copy of a certificate of incorporation and a incorporation, a current good standing the current rate agreement must be current good standing certification from certification from the Secretary of the provided with the application. Non- the Secretary of State where the State of incorporation, or other valid federal entities that have never received applicant is incorporated and other documentation of current nonprofit a negotiated indirect cost rate, except for similar and valid documentation of status of each recipient. those non-Federal entities described in current non-profit status, from the A nonprofit recipient must provide Appendix VII to Part 200-States and intermediary that confirms it has been evidence that it is a valid nonprofit Local Government and Indian Tribe legally organized for a minimum of 3 when the intermediary applies for the Indirect Cost Proposals, paragraph years as the applicant entity. RCDI grant. Organizations with pending (d)(1)(B), may use the de minimis rate (e) Verification of source and amount requests for nonprofit designations are of 10 percent of modified total direct of matching funds, e.g., a copy of a bank not eligible. costs (MTDC).

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(l) Form SF–424, ‘‘Application for whether or not a relationship exists is Federal award and use that Federal Assistance.’’ required.) determination as a basis for making a (Do not complete Form SF–424A, (u) Form AD–3030, ‘‘Representations Federal award to another applicant. ‘‘Budget Information.’’ A separate line- Regarding Felony Conviction and Tax As required by the Office of item budget should be presented as Delinquent Status for Corporate Management and Budget (OMB), all described in Letter (j) of this section.) Applicants,’’ if you are a corporation. A grant applications must provide a DUNS (m) Form SF–424B, ‘‘Assurances— corporation is any entity that has filed number when applying for Federal Non-Construction Programs.’’ articles of incorporation in one of the 50 grants, on or after October 1, 2003. (n) Form AD–1047, ‘‘Certification States, the District of Columbia, the Organizations can receive a DUNS Regarding Debarment, Suspension, and Federated States of Micronesia, the number at no cost by calling the Other Responsibility Matters—Primary Republic of Palau, and the Republic of dedicated toll-free number at 1–866– Covered Transactions.’’ the Marshall Islands, or the various 705–5711 or via internet at http:// (o) Form AD–1048, ‘‘Certification territories of the United States including fedgov.dnb.com/webform. Additional Regarding Debarment, Suspension, American Samoa, Guam, Midway information concerning this Ineligibility and Voluntary Exclusion— Islands, Northern Mariana Islands, requirement can be obtained on the Lower Tier Covered Transactions.’’ Puerto Rico, or the U.S. Virgin Islands. Grants.gov website at http:// (p) Form AD–1049, ‘‘Certification Corporations include both for profit and www.grants.gov. Similarly, applicants Regarding Drug-Free Workplace non-profit entities. may register for SAM at https:// www.sam.gov or by calling 1–866–606– Requirements.’’ 3. Dun and Bradstreet Data Universal (q) Certification of Non-Lobbying 8220. Numbering System (DUNS) and System The applicant must provide Activities. for Awards Management (SAM) (r) Standard Form LLL, ‘‘Disclosure of documentation that they are registered Grant applicants must obtain a Dun Lobbying Activities,’’ if applicable. in SAM and their DUNS number. If the and Bradstreet Data Universal applicant does not provide (s) Form RD 400–4, ‘‘Assurance Numbering System (DUNS) number and documentation that they are registered Agreement,’’ for the applicant and each register in the System for Award in SAM and their DUNS number, the recipient. The applicant and each Management (SAM) prior to submitting application will not be considered for prospective recipient must sign Form an application pursuant to 2 CFR funding. The required forms and RD 400–4, Assurance Agreement, which 25.200(b). In addition, an entity certifications can be downloaded from assures USDA that the recipient is in applicant must maintain registration in the RCDI website at: http:// compliance with Title VI of the Civil SAM at all times during which it has an www.rd.usda.gov/programs-services/ Rights Act of 1964, 7 CFR part 15, and active Federal award or an application rural-community-development- other Agency regulations: That no or plan under consideration by the initiative-grants. person will be discriminated against Agency. Similarly, all recipients of based on race, color or national origin, Federal financial assistance are required 4. Submission Dates and Times in regard to any program or activity for to report information about first-tier The deadline for receipt of an which the recipient receives Federal subawards and executive compensation application is 4 p.m. local time, June 25, financial assistance; That in accordance to 2 CFR part 170. So long 2018. The application date and time are nondiscrimination statements are in as an entity applicant does not have an firm. The Agency will not consider any advertisements and brochures. exception under 2 CFR 170.110(b), the application received after the deadline. Applicants must collect and maintain applicant must have the necessary You may submit your application in data provided by recipients on race, sex, processes and systems in place to paper form or electronically through and national origin and ensure Ultimate comply with the reporting requirements Grants.gov. Applicants intending to Recipients collect and maintain this should the applicant receive funding. mail applications must provide data. Race and ethnicity data will be See 2 CFR 170.200(b). sufficient time to permit delivery on or collected in accordance with OMB An applicant, unless excepted under before the closing deadline date and Federal Register notice, ‘‘Revisions to 2 CFR 25.110(b), (c), or (d), is required time. Acceptance by the United States the Standards for the Classification of to: Postal Service or private mailer does not Federal Data on Race and Ethnicity’’ (62 (a) Be registered in SAM before constitute delivery. Facsimile (FAX), FR 58782), October 30, 1997. Sex data submitting its application; electronic mail, and postage due will be collected in accordance with (b) Provide a valid DUNS number in applications will not be accepted. Title IX of the Education Amendments its application; and To submit a paper application, the of 1972. These items should not be (c) Continue to maintain an active original application package must be submitted with the application but SAM registration with current submitted to the Rural Development should be available upon request by the information at all times during which it State Office where the applicant’s Agency. has an active Federal award or an headquarters is located. The applicant and the recipient must application or plan under consideration A listing of Rural Development State comply with Title VI of the Civil Rights by a Federal awarding agency. Offices contacts can be found via Act of 1964, Title IX of the Education The Federal awarding agency may not https://www.rd.usda.gov/files/CF_State_ Amendments of 1972, Americans with make a federal award to an applicant Office_Contacts.pdf. Disabilities Act (ADA), Section 504 of until the applicant has complied with Applications will not be accepted via the Rehabilitation Act of 1973, Age all applicable DUNS and SAM FAX or electronic mail. Discrimination Act of 1975, Executive requirements and, if an applicant has Applicants may file an electronic Order 12250, Executive Order 13166 not fully complied with the application at http://www.grants.gov. Limited English Proficiency (LEP), and requirements by the time the Federal Grants.gov contains full instructions on 7 CFR part 1901, subpart E. awarding agency is ready to make a all required passwords, credentialing, (t) Identify and report any association Federal award, the Federal awarding and software. Follow the instructions at or relationship with Rural Development agency may determine that the Grants.gov for registering and employees. (A statement acknowledging applicant is not qualified to receive a submitting an electronic application. If

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a system problem or technical difficulty (a) Building Capacity and Expertise— measure effectiveness? Benchmarks occurs with an electronic application, Maximum 40 Points should be specific and quantifiable; (5 please use the customer support The applicant must demonstrate how Points) resources available at the Grants.gov they will improve the recipients’ (5) Demonstrate that it has conducted website. capacity, through a program of financial programs of financial and technical Technical difficulties submitting an and technical assistance, as it relates to assistance and achieved measurable application through Grants.gov will not the RCDI purposes. results in the areas of housing, be a reason to extend the application Capacity-building financial and community facilities, or community and deadline. If an application is unable to technical assistance should provide new economic development in rural areas. be submitted through Grants.gov, a functions to the recipients or expand (10 Points) paper application must be received in existing functions that will enable the (6) Provide in a chart or excel the appropriate Rural Development recipients to undertake projects in the spreadsheet, the organization name, State Office by the deadline noted areas of housing, community facilities, point of contact, address, phone previously. or community and economic number, email address, and the type First time Grants.gov users should development that will benefit the and amount of the financial and carefully read and follow the community. Capacity-building financial technical assistance the applicant registration steps listed on the website. and technical assistance may include, organization has provided to the These steps need to be initiated early in but is not limited to: Training to following for the last 3 years: (5 Points) (i) Nonprofit organizations in rural the application process to avoid delays conduct community development areas. in submitting your application online. programs, e.g., homeownership (ii) Low-income communities in rural education, or the establishment of In order to register with System for areas (also include the type of entity, minority business entrepreneurs, Award Management (SAM), your e.g., city government, town council, or cooperatives, or micro-enterprises; organization will need a DUNS number. village board). Be sure to complete the Marketing organizational development, e.g., (iii) Federally recognized tribes or any Partner ID (MPID) and Electronic assistance to develop or improve board other culturally diverse organizations. Business Primary Point of Contact fields operations, management, and financial during the SAM registration process. systems; instruction on how to develop (b) Soundness of Approach—Maximum These are mandatory fields that are and implement a strategic plan; 15 Points required when submitting grant instruction on how to access alternative The applicant can receive up to 15 applications through Grants.gov. funding sources to increase leveraging points for soundness of approach. The Additional application instructions for opportunities; staffing, e.g., hiring a overall proposal will be considered submitting an electronic application can person at intermediary or recipient level under this criterion. be found by selecting this funding to provide technical assistance to Applicants must list the page opportunity on Grants.gov. recipients. numbers in the application that address The program of financial and 5. Funding Restrictions these factors. technical assistance that is to be The maximum 15 points for this Meeting expenses. In accordance with provided, its delivery, and the criterion will be based on the following: 31 U.S.C. 1345, ‘‘Expenses of Meetings,’’ measurability of the program’s (1) The proposal fits the objectives for appropriations may not be used for effectiveness will determine the merit of which applications were invited, is travel, transportation, and subsistence the application. clearly stated, and the applicant has expenses for a meeting. RCDI grant All applications will be competitively defined how this proposal will be funds cannot be used for these meeting- ranked with the applications providing implemented. (7 Points) related expenses. Matching funds may, the most improvement in capacity (2) The ability to provide the however, be used to pay for these development and measurable activities proposed financial and technical expenses. being ranked the highest. assistance based on prior RCDI funds may be used to pay for a The narrative response must contain accomplishments. (6 Points) speaker as part of a program, equipment the following items. This list also (3) Cost effectiveness will be to facilitate the program, and the actual contains the points for each item. evaluated based on the budget in the room that will house the meeting. (1) Describe the nature of financial application. The proposed grant amount RCDI funds cannot be used for and technical assistance to be provided and matching funds should be utilized meetings; they can, however, be used for to the recipients and the activities that to maximize capacity building at the travel, transportation, or subsistence will be conducted to deliver the recipient level. (2 Points) expenses for program-related training technical assistance; (10 Points) (2) Explain how financial and (c) Population and Income—Maximum and technical assistance purposes. Any technical assistance will develop or 15 Points training not delineated in the increase the recipient’s capacity. Population is based on the average application must be approved by the Indicate whether a new function is population from the 2010 census data Agency to verify compliance with 31 being developed or if existing functions for the communities in which the U.S.C. 1345. Travel and per diem are being expanded or performed more recipients are located. The physical expenses (including meals and effectively; (7 Points) address, not mailing address, for each incidental expenses) will be allowed in (3) Identify which RCDI purpose areas recipient must be used for this criterion. accordance with 2 CFR parts 200 and will be addressed with this assistance: Community is defined for scoring 400. Housing, community facilities, or purposes as a city, town, village, county, E. Application Review Information community and economic development; parish, borough, or census-designated (3 Points) place where the recipient’s office is 1. Evaluation Criteria (4) Describe how the results of the physically located. Applications will be evaluated using technical assistance will be measured. The applicant must submit the census the following criteria and weights: What benchmarks will be used to data from the following website in the

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form of a printout of the applicable Average recipient median Scoring during the period immediately ‘‘Fact Sheet’’ to verify the population income (points) following the application deadline. figures used for each recipient. The data Listed below are examples of reasons for can be accessed on the internet at http:// In excess of 80 percent of rejection from previous funding rounds. www.census.gov; click on ‘‘American state or national median The following reasons for rejection are household Income ...... 0 FactFinder,’’ fill in field and click ‘‘Go’’; not all inclusive; however, they the name and population data for each represent the majority of the (d) State Director’s Points Based on recipient location must be listed in this applications previously rejected. Project Merit—Maximum 10 Points section. (1) Recipients were not located in (1) This criterion will be addressed by eligible rural areas based on the The average population of the the Agency, not the applicant. recipient locations will be used and will definition in this Notice. (2) Up to 10 points may be awarded (2) Applicants failed to provide be scored as follows: by the Rural Development State Director evidence of recipient’s status, i.e., to any application(s) that benefits their documentation supporting nonprofit Scoring State regardless of whether the Population (points) evidence of organization. applicant is headquartered in their (3) Applicants failed to provide 10,000 or less ...... 5 State. The total points awarded under evidence of committed matching funds 10,001 to 20,000 ...... 4 this criterion, to all applications, will or matching funds were not committed 20,001 to 30,000 ...... 3 not exceed 10. for a period at least equal to the grant 30,001 to 40,000 ...... 2 (3) When an intermediary submits an performance period. 40,001 to 50,000 ...... 1 application that will benefit a State that (4) Application did not follow the is not the same as the State in which the RCDI structure with an intermediary The average of the median household intermediary is headquartered, it is the and recipients. income for the communities where the intermediary’s responsibility to notify (5) Recipients were not identified in recipients are physically located will the State Director of the State which is the application. determine the points awarded. The receiving the benefit of their (6) Intermediary did not provide physical address, not mailing address, application. In such cases, State evidence it had been incorporated for at for each recipient must be used for this Directors awarding points to least 3 years as the applicant entity. criterion. Applicants may compare the applications benefiting their state must (7) Applicants failed to address the average recipient median household notify the reviewing State in writing. ‘‘Evaluation Criteria.’’ (8) The purpose of the proposal did income to the State median household (4) Assignment of any points under this criterion requires a written not qualify as an eligible RCDI purpose. income or the national median (9) Inappropriate use of funds (e.g., household income, whichever yields the justification and must be tied to and awarded based on how closely the construction or renovations). most points. The national median (10) The applicant proposed household income to be used is $51,914. application aligns with the Rural Development State Office’s strategic providing financial and technical The applicant must submit the goals. assistance directly to individuals. income data in the form of a printout of (11) The application package was not the applicable information from the (e) Administrator Discretionary Points— received by closing date and time. following website to verify the income Maximum 20 Points F. Federal Award Administration for each recipient. The data being used The Administrator may award up to Information is from the 2010 American Community 20 discretionary points for projects to Survey (ACS) 5-year estimates (2006– address geographic distribution of 1. Federal Award Notice 2010 data set). The data can be accessed funds, emergency conditions caused by Within the limit of funds available for on the internet at http:// economic problems, natural disasters such purpose, the awarding official of www.census.gov; click on ‘‘American and other initiatives identified by the the Agency shall make grants in ranked FactFinder,’’ (under ‘‘Find Data’’ at Secretary. order to eligible applicants under the bottom of page), ‘‘Advanced 2. Review and Selection Process procedures set forth in this Notice. Search,’’(click on ‘‘Show Me All’’ tab), Successful applicants will receive a ‘‘Topics,’’ ‘‘Dataset,’’ locate 2010 ACS 5 (a) Rating and ranking. selection letter by mail containing year estimates, close table, check the Applications will be rated and ranked instructions on requirements necessary ‘‘Median Income’’ table (S1903 on page on a national basis by a review panel to proceed with execution and 2), fill in the ‘‘state, county or place’’ based on the ‘‘Evaluation Criteria’’ performance of the award. field (at top of page), select ‘‘Go’’ and contained in this Notice. This letter is not an authorization to click ‘‘View’’; the name and income data If there is a tied score after the begin performance. In addition, selected for each recipient location must be applications have been rated and applicants will be requested to verify listed in this section (use the Household ranked, the tie will be resolved by that components of the application have and Median Income column). Points reviewing the scores for ’’Building not changed at the time of selection and will be awarded as follows: Capacity and Expertise’’ and the on the award obligation date, if applicant with the highest score in that requested by the Agency. Average recipient median Scoring category will receive a higher ranking. If The award is not approved until all income (points) the scores for ‘‘Building Capacity and information has been verified, and the Expertise’’ are the same, the scores will Less than or equal to 70 per- awarding official of the Agency has cent of state or national be compared for the next criterion, in signed Form RD 1940–1, ‘‘Request for median household income 10 sequential order, until one highest score Obligation of Funds’’ and the grant Greater than 70, but less can be determined. agreement. than or equal to 80 per- (b) Initial screening. Unsuccessful applicants will receive cent of state or national The Agency will screen each notification including appeal rights by median household income 5 application to determine eligibility mail.

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2. Administrative and National Policy (i) 2 CFR parts 200 and 400 (Uniform Program Definitions Requirements Administrative Requirements, Cost Agency—The Rural Housing Service Grantees will be required to do the Principles, and Audit Requirements For or its successor. following: Federal Awards). Beneficiary—Entities or individuals (a) Execute a Rural Community (ii) 2 CFR parts 417 and 180 that receive benefits from assistance Development Initiative Grant (Government-wide Debarment and provided by the recipient. Agreement. Suspension (Nonprocurement)). Capacity—The ability of a recipient to (b) Execute Form RD 1940–1, (m) Form AD–3031, ‘‘Assurance implement housing, community ‘‘Request for Obligation of Funds.’’ Regarding Felony Conviction or Tax facilities, or community and economic (c) Use Form SF 270, ‘‘Request for Delinquent Status for Corporate development projects. Advance or Reimbursement,’’ to request Applicants,’’ must be signed by Conflict of interest—A situation in reimbursements. Provide receipts for corporate applicants who receive an which a person or entity has competing expenditures, timesheets and any other award under this Notice. personal, professional, or financial documentation to support the request 3. Reporting interests that make it difficult for the for reimbursement. person or business to act impartially. (d) Provide financial status and After grant approval and through Regarding use of both grant and project performance reports on a grant completion, you will be required matching funds, Federal procurement quarterly basis starting with the first full to provide the following, as indicated in standards prohibit transactions that quarter after the grant award. the Grant Agreement: involve a real or apparent conflict of (e) Maintain a financial management (a) SF–425, ‘‘Federal Financial interest for owners, employees, officers, system that is acceptable to the Agency. Report’’ and SF–PPR, ‘‘Performance (f) Ensure that records are maintained agents, or their immediate family Progress Report’’ will be required on a members having a financial or other to document all activities and quarterly basis (due 30 working days expenditures utilizing RCDI grant funds interest in the outcome of the project; or after each calendar quarter). The that restrict open and free competition and matching funds. Receipts for Performance Progress Report shall expenditures will be included in this for unrestrained trade. Specifically, include the elements described in the project funds may not be used for documentation. grant agreement. (g) Provide annual audits or services or goods going to, or coming (b) Final financial and performance management reports on Form RD 442– from, a person or entity with a real or reports will be due 90 calendar days 2, ‘‘Statement of Budget, Income and apparent conflict of interest, including, after the period of performance end Equity,’’ and Form RD 442–3, ‘‘Balance but not limited to, owner(s) and their date. Sheet,’’ depending on the amount of immediate family members. An example Federal funds expended and the (c) A summary at the end of the final of conflict of interest occurs when the outstanding balance. report with elements as described in the grantee’s employees, board of directors, (h) Collect and maintain data grant agreement to assist in or the immediate family of either, have provided by recipients on race, sex, and documenting the annual performance the appearance of a professional or national origin and ensure recipients goals of the RCDI program for Congress. personal financial interest in the collect and maintain the same data on G. Federal Awarding Agency Contact recipients receiving the benefits or beneficiaries. Race and ethnicity data services of the grant. will be collected in accordance with Contact the Rural Development office Federally recognized tribes—Tribal OMB Federal Register notice, in the State where the applicant’s entities recognized and eligible for ‘‘Revisions to the Standards for the headquarters is located. A list of Rural funding and services from the Bureau of Classification of Federal Data on Race Development State Offices contacts can Indian Affairs, based on the most recent be found via https://www.rd.usda.gov/ notice in the Federal Register published and Ethnicity,’’ (62 FR 58782), October _ _ _ 30, 1997. Sex data will be collected in files/CF State Office Contacts.pdf. by the Bureau of Indian Affairs and accordance with Title IX of the H. Other Information Tribes that received federal recognition Education Amendments of 1972. These after the most recent publication. items should not be submitted with the Survey on Ensuring Equal Tribally Designated Housing Entities are application but should be available Opportunity for Applicants, OMB No. eligible RCDI recipients. upon request by the Agency. 1894–0010 (applies to nonprofit Financial assistance—Funds, not to (i) Provide a final project performance applicants only—submission is exceed $10,000 per award, used by the report. optional). intermediary to purchase supplies and (j) Identify and report any association No reimbursement will be made for equipment to build the recipient’s or relationship with Rural Development any funds expended prior to execution capacity. employees. of the RCDI Grant Agreement unless the Funds—The RCDI grant and matching (k) The intermediary and recipient intermediary is a non-profit or money. must comply with Title VI of the Civil educational entity and has requested Intermediary—A qualified private Rights Act of 1964, Title IX of the and received written Agency approval organization, nonprofit organization Education Amendments of 1972, of the costs prior to the actual (including faith-based and community Section 504 of the Rehabilitation Act of expenditure. organizations and philanthropic 1973, Executive Order 12250, Age Act of This exception is applicable for up to organizations), or public (including 1975, Executive Order 13166 Limited 90 days prior to grant closing and only tribal) organization that provides English Proficiency, and 7 CFR part applies to grantees that have received financial and technical assistance to 1901, subpart E. written approval but have not executed multiple recipients. (l) The grantee must comply with the RCDI Grant Agreement. Low-income rural community—An policies, guidance, and requirements as The Agency cannot retroactively authority, district, economic described in the following applicable approve reimbursement for development authority, regional Code of Federal Regulations, and any expenditures prior to execution of the council, or unit of government successor regulations: RCDI Grant Agreement. representing an incorporated city, town,

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village, county, township, parish, or write a letter addressed to USDA and following proposal for collection of borough whose income is at or below 80 provide in the letter all of the information under the provisions of the percent of either the state or national information requested in the form. To Paperwork Reduction Act. Median Household Income as measured request a copy of the complaint form, Agency: U.S. Census Bureau. by the 2010 Census. call (866) 632–9992. Submit your Title: Quarterly Services Survey. Matching funds—Cash or confirmed completed form or letter to USDA by: OMB Control Number: 0607–0907. funding commitments. Matching funds (1) By mail: U.S. Department of Form Number(s): QSS–1A, QSS–1E, must be at least equal to the grant Agriculture, Office of the Assistant QSS–1PA, QSS–1PE, QSS–2A, QSS–2E, amount and committed for a period of Secretary for Civil Rights, 1400 QSS–3A, QSS–3E, QSS–3SA, QSS–3SE, not less than the grant performance Independence Avenue SW, Washington QSS–4A, QSS–4E, QSS–4FA, QSS–4FE, period. DC 20250–9410; QSS–4SA, QSS–4SE, QSS–5A, QSS–5E. Recipient—-The entity that receives (2) Fax: (202) 690–7442; or Type of Request: Extension of a the financial and technical assistance (3) Email: [email protected]. currently approved collection. from the Intermediary. The recipient Number of Respondents: 22,150. Persons With Disabilities must be a nonprofit community-based Average Hours per Response: Between housing and development organization, Individuals who are deaf, hard of 10 and 15 minutes. The average is 13 a low-income rural community or a hearing, or have speech disabilities and minutes. federally recognized Tribe. you wish to file either an EEO or Burden Hours: 19,087. Rural and rural area—Any area other program complaint please contact Needs and Uses: The U.S. Census than (i) a city or town that has a USDA through the Federal Relay Bureau requests an extension of the population of greater than 50,000 Service at (800) 877–8339 or (800) 845– current Office of Management and inhabitants; and (ii) the urbanized area 6136 (in Spanish). Budget (OMB) clearance of the contiguous and adjacent to such city or Persons with disabilities who wish to Quarterly Services Survey (QSS). The town. file a program complaint, please see QSS covers employer firms with Technical assistance—Skilled help in information above on how to contact us establishments located in the United improving the recipient’s abilities in the by mail directly or by email. States and classified in select service areas of housing, community facilities, If you require alternative means of industries as defined by the North or community and economic communication for program information American Industry Classification development. (e.g., Braille, large print, audiotape, etc.) System (NAICS). The QSS coverage please contact USDA’s TARGET Center currently includes all or parts of the Non-Discrimination Statement at (202) 720–2600 (voice and TDD). following NAICS sectors: Utilities In accordance with Federal civil (excluding government owned); Appeal Process rights law and U.S. Department of transportation and warehousing (except Agriculture (USDA) civil rights All adverse determinations regarding rail transportation and postal); regulations and policies, the USDA, its applicant eligibility and the awarding of information; finance and insurance Agencies, offices, and employees, and points as part of the selection process (except funds, trusts, and other financial institutions participating in or are appealable pursuant to 7 CFR part vehicles); real estate and rental and administering USDA programs are 11. Instructions on the appeal process leasing; professional, scientific, and prohibited from discriminating based on will be provided at the time an technical services (except offices of race, color, national origin, religion, sex, applicant is notified of the adverse notaries); administrative and support gender identity (including gender decision. and waste management and remediation expression), sexual orientation, In the event the applicant is awarded services; educational services (except disability, age, marital status, family/ a grant that is less than the amount elementary and secondary schools, parental status, income derived from a requested, the applicant will be required junior colleges, and colleges, public assistance program, political to modify its application to conform to universities, and professional schools); beliefs, or reprisal or retaliation for prior the reduced amount before execution of health care and social assistance; arts, civil rights activity, in any program or the grant agreement. The Agency entertainment, and recreation; activity conducted or funded by USDA reserves the right to reduce or withdraw accommodation; and other services (not all bases apply to all programs). the award if acceptable modifications (except public administration). The Remedies and complaint filing are not submitted by the awardee within primary estimates produced from the deadlines vary by program or incident. 15 working days from the date the QSS are quarterly estimates of total Persons with disabilities who require request for modification is made. Any operating revenue and the percentage of alternative means of communication for modifications must be within the scope revenue by source. The survey also program information (e.g., Braille, large of the original application. produces estimates of total operating print, audiotape, American Sign Dated: April 18, 2018. expenses from tax-exempt firms in Language, etc.) should contact the Curtis M. Anderson, industries that have a large not-for-profit responsible Agency or USDA’s TARGET Acting Administrator, Rural Housing Service. component. For hospitals, the survey Center at (202) 720–2600 (voice and produces estimates of the number of [FR Doc. 2018–08785 Filed 4–25–18; 8:45 am] TTY) or contact USDA through the inpatient days and discharges, and for Federal Relay Service at (800) 877–8339. BILLING CODE 3410–XV–P select industries in the arts, Additionally, program information may entertainment, and recreation sector, the be made available in languages other survey produces estimates of than English. DEPARTMENT OF COMMERCE admissions revenue. To file a program discrimination Submission for OMB Review; Firms are selected for the QSS using complaint, complete the USDA Program Comment Request a stratified design with strata defined by Discrimination Complaint Form, AD– industry, tax status, and estimated size 3027, found online at http:// The Department of Commerce will based on annual revenue. The sample is www.ascr.usda.gov/complaint_filing_ submit to the Office of Management and a subsample of firms from the larger cust.html and at any USDA office or Budget (OMB) for clearance the Service Annual Survey (OMB #0607–

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0422). Each quarter the QSS sample is Agenda 9:00 a.m., Room 3884, in the Herbert C. updated to reflect the addition of new Hoover Building, 14th Street between Open Session businesses and the removal of firms that Pennsylvania and Constitution Avenues have gone out-of-business. 1. Introductions and opening remarks by NW, Washington, DC. The Committee senior management. advises the Office of the Assistant The Bureau of Economic Analysis 2. Presentation on ThreatSEQ (a uses the survey results as input to its Secretary for Export Administration program to analyze DNA sequences with respect to technical questions that quarterly Gross Domestic Product (GDP) of concern) and GDP by industry estimates. The affect the level of export controls 3. Report by regime representatives. applicable to materials processing estimates provide the Federal Reserve 4. Public Comments. Board, Council of Economic Advisers, equipment and related technology. and other government and private Closed Session Agenda policymakers with timely information to 5. Discussion of matters determined to Open Session assess current economic conditions. The be exempt from the provisions relating Centers for Medicare and Medicaid to public meetings found in 5 U.S.C. 1. Opening remarks and introductions. Services use the QSS estimates to app. 2 10(a)(1) and 10(a)(3). 2. Presentation of papers and comments develop hospital-spending estimates for The open session will be accessible by the Public. the National Accounts. Other via teleconference to 20 participants on 3. Discussions on results from last, and government and private stakeholders a first come, first serve basis. To join the proposals from last Wassenaar also benefit from a better understanding conference, submit inquiries to Ms. meeting. of important cyclical components of the Yvette Springer at Yvette.Springer@ 4. Report on proposed and recently U.S. service economy. bis.doc.gov, no later than May 3, 2018. issued changes to the Export Affected Public: Businesses, Not-for- A limited number of seats will be Administration Regulations. profit institutions. available during the public session of 5. Other business. the meeting. Reservations are not Frequency: Quarterly. accepted. To the extent time permits, Closed Session Respondent’s Obligation: Voluntary. members of the public may present oral 6. Discussion of matters determined to Legal Authority: Title 13 U.S.C., statements to the Committee. Written be exempt from the provisions Sections 131 and 182. statements may be submitted at any relating to public meetings found in time before or after the meeting. 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). This information collection request However, to facilitate distribution of The open session will be accessible may be viewed at www.reginfo.gov. public presentation materials to via teleconference to 20 participants on Follow the instructions to view Committee members, the materials a first come, first serve basis. To join the Department of Commerce collections should be forwarded prior to the conference, submit inquiries to Ms. currently under review by OMB. meeting to Ms. Springer via email. Written comments and The Assistant Secretary for Yvette Springer at Yvette.Springer@ recommendations for the proposed Administration, with the concurrence of bis.doc.gov, no later than May 8, 2018. information collection should be sent the delegate of the General Counsel, A limited number of seats will be within 30 days of publication of this formally determined on February 13, available for the public session. notice to OIRA_Submission@ 2018, pursuant to Section 10(d) of the Reservations are not accepted. To the omb.eop.gov or fax to (202) 395–5806. Federal Advisory Committee Act, as extent that time permits, members of the amended (5 U.S.C. app. 2 10(d)), that public may present oral statements to Sheleen Dumas, the portion of the meeting dealing with the Committee. The public may submit Departmental Lead PRA Officer, Office of the pre-decisional changes to the Commerce written statements at any time before or Chief Information Officer. Control List and the U.S. export control after the meeting. However, to facilitate [FR Doc. 2018–08740 Filed 4–25–18; 8:45 am] policies shall be exempt from the the distribution of public presentation materials to the Committee members, BILLING CODE 3510–07–P provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and the Committee suggests that presenters 10(a)(3). The remaining portions of the forward the public presentation DEPARTMENT OF COMMERCE meeting will be open to the public. materials prior to the meeting to Ms. For more information, call Yvette Springer via email. Bureau of Industry and Security Springer at (202) 482–2813. The Assistant Secretary for Administration, with the concurrence of Materials Technical Advisory Yvette Springer, the delegate of the General Counsel, Committee; Notice of Partially Closed Committee Liaison Officer. formally determined on February 13, Meeting [FR Doc. 2018–08751 Filed 4–25–18; 8:45 am] 2018, pursuant to Section 10(d) of the BILLING CODE 3510–JT–P Federal Advisory Committee Act, as The Materials Technical Advisory amended (5 U.S.C. app. 2 10(d)), that Committee will meet on May 10, 2018, the portion of the meeting dealing with 10:00 a.m., Herbert C. Hoover Building, DEPARTMENT OF COMMERCE matters the premature disclosure of Room 3884, 14th Street between which would be likely to frustrate Constitution & Pennsylvania Avenues Bureau of Industry and Security significantly implementation of a NW, Washington, DC. The Committee Materials Processing Equipment proposed agency action as described in advises the Office of the Assistant Technical Advisory Committee; Notice 5 U.S.C. 552b(c)(9)(B) shall be exempt Secretary for Export Administration of Partially Closed Meeting from the provisions relating to public with respect to technical questions that meetings found in 5 U.S.C. app. 2 affect the level of export controls The Materials Processing Equipment 10(a)(1) and 10(a)(3). The remaining applicable to materials and related Technical Advisory Committee portions of the meeting will be open to technology. (MPETAC) will meet on May 15, 2018, the public.

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For more information, call Yvette Federal Advisory Committee Act, as deadline specified in 19 CFR Springer at (202) 482–2813. amended (5 U.S.C. app. 2 § (10)(d)), that 351.218(d)(1)(i).2 Whirlpool claimed the portion of the meeting dealing with interested party status under section Yvette Springer, pre-decisional changes to the Commerce 771(9)(C) of the Act, as a domestic Committee Liaison Officer. Control List and U.S. export control producer of large residential washers. [FR Doc. 2018–08752 Filed 4–25–18; 8:45 am] policies shall be exempt from the Commerce exercised its discretion to BILLING CODE 3510–JT–P provisions relating to public meetings toll all deadlines affected by the closure found in 5 U.S.C. app. 2 §§ 10(a)(1) and of the Federal Government from January 10(a)(3). The remaining portions of the 20 through January 22, 2018. As a result, DEPARTMENT OF COMMERCE meeting will be open to the public. the revised deadline for the preliminary For more information, call Yvette results of this review is now April 25, Bureau of Industry and Security Springer at (202) 482–2813. 2018.3 Transportation and Related Commerce received substantive Yvette Springer, responses from Whirlpool 4 and from LG Equipment; Technical Advisory Committee Liaison Officer. Electronics Inc. (LGEKR), LG Electronics Committee; [FR Doc. 2018–08748 Filed 4–25–18; 8:45 am] U.S.A., Inc. (LGEUS), and LG Notice of Partially Closed Meeting BILLING CODE P Electronics Alabama, Inc. (LGEAI) (collectively LGE) 5 within the 30-day The Transportation and Related deadline specified in 19 CFR Equipment Technical Advisory DEPARTMENT OF COMMERCE 351.218(d)(3)(i). LGEKR claimed Committee will meet on May 9, 2018, interested party status under section 9:30 a.m., in the Herbert C. Hoover International Trade Administration 771(9) of the Act as a foreign producer Building, Room 3884, 14th Street and foreign exporter of subject between Constitution & Pennsylvania [A–580–868] merchandise. LGEUS claimed interested Avenues, NW Washington, DC The Large Residential Washers From the party status under section 771(9) of the Committee advises the Office of the Republic of Korea: Preliminary Results Act as a U.S. importer and a U.S. Assistant Secretary for Export of the First Five-Year Sunset Review of producer of subject merchandise. LGEAI Administration with respect to technical the Antidumping Duty Order claimed interested party status under questions that affect the level of export section 771(9) of the Act as an importer AGENCY: Enforcement and Compliance, controls applicable to transportation and distributor or parts. and related equipment or technology. International Trade Administration, On February 12, 2108, we received Department of Commerce. Agenda rebuttal comments from Whirlpool SUMMARY: On January 2, 2018, the within the deadline specified in 19 CFR Public Session Department of Commerce (Commerce) 351.218(d)(4).6 1. Welcome and Introductions. initiated the first sunset review of the On February 23, 2018, Commerce 2. Status reports by working group antidumping duty order on large notified the U.S. International Trade chairs. residential washers from the Republic of Commission (ITC) that it did not receive 3. Public comments and Proposals. Korea (Korea). Commerce determined an adequate substantive response from that it was appropriate to conduct a full respondent interested parties.7 On Closed Session review. Commerce preliminarily finds February 26, 2018, Commerce notified 4. Discussion of matters determined to that revocation of this antidumping duty the ITC that it had inadvertently not be exempt from the provisions relating order would be likely to lead to taken into consideration a substantive to public meetings found in 5 U.S.C. continuation or recurrence of dumping response from a respondent interested app. 2 §§ 10(a)(1) and 10(a)(3). at the levels indicated in the party and that, in accordance with 19 The open session will be accessible ‘‘Preliminary Results of Review’’ section via teleconference to 20 participants on of this notice. 2 See Letter from Whirlpool re: ‘‘Five-Year a first come, first serve basis. To join the DATES: Applicable April 26, 2018. (‘‘Sunset’’) Review of Antidumping and conference, submit inquiries to Ms. Countervailing Duty Orders on Large Residential FOR FURTHER INFORMATION CONTACT: Washers from Mexico and the Republic of Korea: Yvette Springer at Yvette.Springer@ David Goldberger, AD/CVD Operations, Notice of Intent to Participate,’’ dated January 17, bis.doc.gov no later than May 2, 2018. Office II, Enforcement and Compliance, 2018. A limited number of seats will be International Trade Administration, 3 See Memorandum, ‘‘Deadlines Affected by the available during the public session of Shutdown of the Federal Government,’’ dated U.S. Department of Commerce, 1401 January 23, 2018. All deadlines in this segment of the meeting. Reservations are not Constitution Avenue NW, Washington, the proceeding have been extended by three days. accepted. To the extent time permits, DC 20230; telephone: 202–482–4136. 4 See Letter from Whirlpool re: ‘‘Five-Year members of the public may present oral SUPPLEMENTARY INFORMATION: (‘‘Sunset’’) Review of Antidumping Duty Order on statements to the Committee. The public Large Residential Washers from Korea: Substantive may submit written statements at any Background Response of Whirlpool Corporation to the Notice of Initiation of First Sunset Review,’’ dated February time before or after the meeting. On January 2, 2018, Commerce 5, 2018 (Whirlpool Substantive Response). However, to facilitate distribution of initiated the first sunset review of the 5 See Letter from LGE re: ‘‘LG Electronics’ Notice public presentation materials to antidumping duty order on large of Intent to Participate and Substantive Response to Committee members, the Committee Notice of Initiation of Sunset Review—Large residential washers from Korea, in Residential Washers from Korea,’’ dated February 5, suggests that presenters forward the accordance with section 751(c) of the 2018 (LGE Substantive Response). public presentation materials prior to Tariff Act of 1930, as amended (the 6 See Letter from Whirlpool re: ‘‘Five-Year the meeting to Ms. Springer via email. Act).1 Commerce received a notice of (‘‘Sunset’’) Review of Antidumping Duty Order on The Assistant Secretary for intent to participate from Whirlpool Large Residential Washers from Korea: Rebuttal Administration, with the concurrence of Comments on LGE’s Substantive Response to the Corporation (Whirlpool), within the Notice of Initiation of First Sunset Review,’’ dated the delegate of the General Counsel, February 12, 2018 (Whirlpool Rebuttal). formally determined on February 13, 1 See Initiation of Five-Year (Sunset) Review, 83 7 See Letter re: ‘‘Sunset Reviews Initiated on 2018, pursuant to Section 10(d) of the FR 100 (January 2, 2018) (Initiation). January 2, 2018,’’ dated February 23, 2018.

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CFR 351.218(e)(2), it would conduct a recurrence of dumping at weighted garment hangers from the People’s full sunset review of this antidumping average margins up to 82.41 percent. Republic of China (China). Based on duty order.8 Interested parties may submit case M&B Metal Products Co., Ltd.’s (the briefs no later than 30 days after the petitioner) timely withdrawal of the Scope of the Order date of publication of the preliminary requests for review of certain The products covered by the order are results of this full sunset review, in companies, we are now rescinding this all large residential washers and certain accordance with 19 CFR administrative review for the period subassemblies thereof from Korea. The 351.309(c)(1)(i). Rebuttal briefs, which October 1, 2016, through September 30, products are currently classifiable under must be limited to issues raised in the 2017, with respect to 17 companies. subheadings 8450.20.0040 and case briefs, may be filed not later than DATES: Applicable April 26, 2018. 8450.20.0080 of the Harmonized Tariff five days after the time limit for filing FOR FURTHER INFORMATION CONTACT: Schedule of the United States (HTSUS). case briefs in accordance with 19 CFR Products subject to this order may Christian Llinas, AD/CVD Operations, 351.309(d). Any interested party may Office V, Enforcement and Compliance, also enter under HTSUS subheadings request a hearing within 30 days of 8450.11.0040, 8450.11.0080, International Trade Administration, publication of this notice in accordance U.S. Department of Commerce, 1401 8450.90.2000, and 8450.90.6000. with 19 CFR 351.310(c). A hearing, if Although the HTSUS subheadings are Constitution Avenue NW, Washington, requested, will be held two days after DC 20230; telephone (202) 482–4877. provided for convenience and customs the date the rebuttal briefs are due. purposes, the written description of the Commerce will issue a notice of final Background merchandise subject to this scope is results of this full sunset review, which 9 On October 4, 2017, Commerce dispositive. will include the results of its analysis of published a notice of ‘‘Opportunity to Analysis of Comments Received issues raised in any such comments, no Request Administrative Review’’ of the later than September 4, 2018. All issues raised for the preliminary antidumping order on steel wire This five-year (sunset) review and 1 results of this sunset review are garment hangers from China. In notice are in accordance with sections addressed in the Preliminary Decision October 2017, Commerce received 751(c), 752(c), and 777(i)(1) of the Act Memorandum. The issues discussed in timely requests to conduct and 19 CFR 351.218(f)(1). the Preliminary Decision Memorandum administrative reviews of the are the likelihood of continuation or Dated: April 19, 2018. antidumping duty order on steel wire recurrence of dumping, and the Christian Marsh, garment hangers from China from the Deputy Assistant Secretary for Enforcement petitioner and Shanghai Wells Hanger magnitude of the margins of dumping 2 likely to prevail if this order were and Compliance. Co., Ltd., and its two affiliates. Based 10 upon these requests, on December 7, revoked. The Preliminary Decision Appendix Memorandum is a public document and 2017, Commerce published a notice of is on file electronically via the List of Topics Discussed in the Preliminary initiation of an administrative review of Decision Memorandum: the order covering the period October 1, Enforcement and Compliance’s 3 Antidumping and Countervailing Duty 1. Summary 2016, to September 30, 2017. 2. History of the Order Commerce initiated the administrative Centralized Electronic Service System 4 (ACCESS). ACCESS is available to 3. Background review with respect to 20 companies. 4. Scope of the Order On December 18, 2017, the petitioner registered users at http:// 5. Discussion of the Issues access.trade.gov and in the Central withdrew its request for an a. Legal Framework administrative review of 17 companies.5 Records Unit, Room B8024 of the main b. Likelihood of Continuation of Department of Commerce building. In Recurrence of Dumping 1 See Antidumping or Countervailing Duty Order, addition, a complete version of the c. Magnitude of the Margin Likely To Finding, or Suspended Investigation; Opportunity Preliminary Decision Memorandum can Prevail to Request Administrative Review, 82 FR 46217 be accessed directly on the internet at 6. Recommendation (October 4, 2017). http://enforcement.trade.gov/frn/. The [FR Doc. 2018–08777 Filed 4–25–18; 8:45 am] 2 See the petitioner’s letter, ‘‘Steel Wire Garment signed Preliminary Decision Hangers from the People’s Republic of China: BILLING CODE 3510–DS–P Review Request,’’ dated October 25, 2017; See Memorandum and the electronic Shanghai Wells’ letter, ‘‘Steel Wire Garment version of the Preliminary Decision Hangers from the People’s Republic of China: Memorandum are identical in content. DEPARTMENT OF COMMERCE Review Request,’’ dated October 31, 2017. In the first administrative review of the Order, Commerce Preliminary Results of Review International Trade Administration found that Shanghai Wells Hanger Co., Ltd. and Hong Kong Wells Ltd. (collectively Shanghai Wells) Pursuant to section 752(c) of the Act, [A–570–918] are a single entity. See Steel Wire Garment Hangers we determine that revocation of the from the People’s Republic of China: Preliminary antidumping duty order on large Steel Wire Garment Hangers From the Results and Preliminary Rescission, in Part, of the residential washers from Korea would First Antidumping Duty Administrative Review, 75 People’s Republic of China; 2016– FR 68758, 68761 (November 9, 2010), unchanged in be likely to lead to continuation or 2017; Partial Rescission of the Ninth First Administrative Review of Steel Wire Garment Antidumping Duty Administrative Hangers from the People’s Republic of China: Final 8 See Letter re: ‘‘Sunset Reviews Initiated on Review Results and Final Partial Rescission of January 2, 2018,’’ dated February 26, 2018. Antidumping Duty Administrative Review, 76 FR 9 For a complete description of the Scope of the AGENCY: Enforcement and Compliance, 27994, 27996 (May 13, 2011). 3 Order, see Memorandum ‘‘Issues and Decision International Trade Administration, See Initiation of Antidumping and Memorandum for the Preliminary Results of First Countervailing Duty Administrative Reviews, 82 FR Sunset Review of the Antidumping Duty Order on Department of Commerce. 57705 (December 7, 2017). Large Residential Washers from the Republic of SUMMARY: On December 7, 2017, the 4 Id. Korea,’’ dated concurrently with this notice Department of Commerce (Commerce) 5 See the petitioner’s letter, ‘‘Re: Ninth (Preliminary Decision Memorandum). Administrative Review of Steel Wire Garment 10 A list of topics discussed in the Preliminary published a notice of initiation of an Hangers from China- Petitioner’s Withdrawal of Decision Memorandum can be found in the administrative review of the Review Requests for Specific Companies’’ dated Appendix to this notice. antidumping duty order on steel wire December 18, 2017.

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Partial Rescission Notification Regarding Administrative DEPARTMENT OF COMMERCE Pursuant to 19 CFR 351.213(d)(1), the Protective Orders International Trade Administration Secretary will rescind an administrative This notice also serves as a reminder review, in whole or in part, if a party [A–570–863] to parties subject to administrative who requested the review withdraws the request within 90 days of the date protective order (APO) of their Honey From the People’s Republic of of publication of notice of initiation of responsibility concerning the return or China: Continuation of Antidumping the requested review. The petitioner destruction of proprietary information Duty Order timely withdrew its review request, in disclosed under APO in accordance with 19 CFR 351.305, which continues AGENCY: Enforcement and Compliance, part, and no other party requested a International Trade Administration, to govern business proprietary review of the companies for which the Department of Commerce. petitioner requested a review. Out of the information in this segment of the SUMMARY: As a result of the 18 companies for which the petitioner proceeding. Timely written notification determinations by the Department of requested an administrative review, the of the return or destruction of APO Commerce (Commerce) and the petitioner withdrew its requests for materials or conversion to judicial International Trade Commission (ITC) review of 17 companies, which are protective order is hereby requested. that revocation of the antidumping duty listed in the Appendix to this notice.6 Failure to comply with the regulations order on honey from the People’s Accordingly, we are rescinding this and terms of an APO is a violation Republic of China (China) would likely review of steel wire garment hangers which is subject to sanction. lead to a continuation or recurrence of from China for the period October 1, dumping and material injury to an 2016, through September 30, 2017, in Notification to Interested Parties industry in the United States, part, with respect to these entities, in Commerce is publishing a notice of accordance with 19 CFR 351.213(d)(1). This notice is issued and published in This administrative review will accordance with sections 751 and continuation of the antidumping duty continue with respect to Shanghai 777(i)(l) of the Tariff Act of 1930, as order. Wells. amended, and 19 CFR 351.213(d)(4). DATES: Applicable April 26, 2018. Assessment Dated: April 19, 2018. FOR FURTHER INFORMATION CONTACT: Ian James Maeder, Hamilton, AD/CVD Operations, Office Commerce will instruct U.S. Customs V, Enforcement and Compliance, Associate Deputy Assistant Secretary for and Border Protection (CBP) to assess International Trade Administration, antidumping duties on all appropriate Antidumping and Countervailing Duty Operations performing the duties of Deputy U.S. Department of Commerce, 1401 entries. For the companies for which Constitution Avenue NW, Washington, this review is rescinded, antidumping Assistant Secretary for Antidumping and Countervailing Duty Operations. DC 20230; telephone: (202) 482–4798. duties shall be assessed at rates equal to SUPPLEMENTARY INFORMATION: the cash deposit of estimated APPENDIX antidumping duties required at the time Background of entry, or withdrawal from warehouse, 1. Da Sheng Hanger Ind. Co., Ltd. 2. Hangzhou Qingqing Mechanical Co. Ltd. On December 10, 2001, Commerce for consumption, in accordance with 19 published in the Federal Register notice CFR 351.212(c)(1)(i). Commerce intends 3. HangZhou Yingqing Material Co. Ltd. 4. Hangzhou Yinte. of the antidumping duty order on honey to issue appropriate assessment 1 5. Shanghai Guoxing Metal Products Co. Ltd. from China. On November 1, 2017, instructions directly to CBP 15 days Commerce published the notice of after publication of this notice. 6. Shanghai Jianhai International Trade Co. Ltd. initiation of the third five-year (sunset) Notification to Importers 7. Shangyu Baoxiang Metal Manufactured Co. review of the antidumping duty order on honey from China, pursuant to This notice serves as the only Ltd. section 751(c) of the Tariff Act of 1930, reminder to importers for whom this 8. Shaoxing Andrew Metal Manufactured Co. as amended (the Act).2 review is being rescinded, as of the Ltd. Commerce exercised its discretion to publication date of this notice, of their 9. Shaoxing Dingli Metal Clotheshorse Co. toll all deadlines affected by the closure responsibility under 19 CFR Ltd. of the Federal Government from January 351.402(f)(2) to file a certificate 10. Shaoxing Gangyuan Metal Manufactured 20 through 22, 2018. As a result, the regarding the reimbursement of Co. Ltd. revised deadline for the final results of antidumping duties prior to liquidation 11. Shaoxing Guochao Metallic Products Co., this sunset review was March 5, 2018.3 of the relevant entries during this Ltd. Commerce conducted this sunset review period. Failure to comply with 12. Shaoxing Liangbao Metal Manufactured review on an expedited basis, pursuant this requirement could result in the Co. Ltd. to section 751(c)(3)(B) of the Act and 19 Secretary’s presumption that 13. Shaoxing Meideli Hanger Co. Ltd. reimbursement of the antidumping 4. Shaoxing Shunji Metal Clotheshorse Co., 1 See Notice of Amended Final Determination at duties occurred and the subsequent Ltd. 15. Shaoxing Tongzhou Metal Manufactured Less Than Fair Value and Antidumping Duty Order; assessment of double antidumping Honey from the People’s Republic of China, 66 FR duties. Co. Ltd. 63670 (December 10, 2001). 16. Shaoxing Zhongbao Metal Manufactured 2 See Initiation of Five-Year (Sunset) Reviews, 82 6 As stated in Change in Practice in NME Co. Ltd. FR 50612 (November 1, 2017). Reviews, Commerce will no longer consider the 17. Zhejiang Lucky Cloud Hanger Co. Ltd. 3 See Memorandum for The Record from non-market economy (NME) entity as an exporter Christian Marsh, Deputy Assistant Secretary for [FR Doc. 2018–08656 Filed 4–25–18; 8:45 am] conditionally subject to administrative reviews. See Enforcement and Compliance, performing the non- Antidumping Proceedings: Announcement of BILLING CODE 3510–DS–P exclusive functions and duties of the Assistant Change in Department Practice for Respondent Secretary for Enforcement and Compliance, Selection in Antidumping Duty Proceedings and ‘‘Deadlines Affected by the Shutdown of the Conditional Review of the Nonmarket Economy Federal Government,’’ dated January 23, 2018. All Entity in NME Antidumping Duty Proceedings, 78 deadlines in this segment of the proceeding have FR 65963 (November 4, 2013). been extended by 3 days.

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CFR 351.218(e)(1)(ii)(C)(2), because it This sunset review and this notice are materially injured within the meaning received a complete, timely, and in accordance with section 751(c) of the of section 735(b)(1)(A)(i) of the Act, by adequate response from a domestic Act and published pursuant to section reason of the LTFV imports of biodiesel interested party but no substantive 777(i)(1) of the Act and 19 CFR from Argentina and Indonesia, and its responses from respondent interested 351.218(f)(4). determination that critical parties. As a result of its review, Dated: April 20, 2018. circumstances do not exist with respect Commerce determined that revocation James Maeder, to imports of biodiesel from Argentina of the antidumping duty order would subject to Commerce’s affirmative Associate Deputy Assistant Secretary for 2 likely lead to a continuation or Antidumping and Countervailing Duty critical circumstances determination. 4 recurrence of dumping. Commerce, Operations, performing the duties of Deputy On April 19, 2018, the ITC published its therefore, notified the ITC of the Assistant Secretary for Antidumping and final determination in the Federal magnitude of the margins likely to Countervailing Duty Operations. Register.3 prevail should the antidumping duty [FR Doc. 2018–08776 Filed 4–25–18; 8:45 am] Scope of the Order order be revoked. On April 19, 2018, the BILLING CODE 3510–DS–P ITC published notice of its The product covered by these orders determination, pursuant to section is biodiesel from Argentina and 751(c) of the Act, that revocation of the DEPARTMENT OF COMMERCE Indonesia. For a complete description of antidumping duty order on honey from the scope of these orders, see the China would likely lead to a International Trade Administration Appendix to this notice. continuation or recurrence of material [A–357–820 and A–560–830] Antidumping Duty Orders injury to an industry in the United In accordance with sections States within a reasonably foreseeable Biodiesel From Argentina and 735(b)(1)(A)(i) and 735(d) of the Act, the time.5 Indonesia: Antidumping Duty Orders ITC notified Commerce of its final Scope of the Order AGENCY: Enforcement and Compliance, determination that an industry in the The merchandise subject to the order International Trade Administration, United States is materially injured by Department of Commerce. reason of imports of biodiesel from is honey. For a complete description of 4 the scope of this order, see the Issues SUMMARY: Based on affirmative final Argentina and Indonesia. The ITC also and Decision Memorandum.6 determinations by the Department of notified Commerce of its determination Commerce (Commerce) and the that critical circumstances do not exist Continuation of the Order International Trade Commission (ITC), with respect to imports of biodiesel from Argentina subject to Commerce’s As a result of the determinations by Commerce is issuing antidumping duty critical circumstances finding.5 Commerce and the ITC that revocation (AD) orders on biodiesel from Argentina Therefore, in accordance with section of the antidumping duty order would and Indonesia. 735(c)(2) of the Act, Commerce is likely lead to a continuation or DATES: Applicable April 26, 2018. issuing these AD orders. recurrence of dumping and material FOR FURTHER INFORMATION CONTACT: Because the ITC determined that injury to an industry in the United David Lindgren (Argentina) or Myrna imports of biodiesel from Argentina and States, pursuant to section 751(d)(2) of Lobo (Indonesia); AD/CVD Operations, Indonesia are materially injuring a U.S. the Act and 19 CFR 351.218(a), Office VII, Enforcement and industry, unliquidated entries of such Commerce hereby orders the Compliance, International Trade merchandise from Argentina and continuation of the antidumping duty Administration, U.S. Department of Indonesia, entered or withdrawn from order on honey from China. U.S. Commerce, 1401 Constitution Avenue warehouse for consumption, are subject Customs and Border Protection will NW, Washington, DC 20230; telephone: to the assessment of antidumping continue to collect antidumping duty (202) 482–3870, or (202) 482–2371, duties. Therefore, in accordance with cash deposits at the rates in effect at the respectively. section 736(a)(1) of the Act, Commerce time of entry for all imports of subject SUPPLEMENTARY INFORMATION: will direct U.S. Customs and Border merchandise. Protection (CBP) to assess, upon further The effective date of the continuation Background instruction by Commerce, antidumping of the order will be the date of In accordance with section 735(d) of duties equal to the amount by which the publication in the Federal Register of the Tariff Act of 1930, as amended (the normal value of the merchandise this notice of continuation. Pursuant to Act) and 19 CFR 351.210(c), on March exceeds the export price (or constructed section 751(c)(2) of the Act, Commerce 1, 2018, Commerce published its export price) of the merchandise, for all intends to initiate the next sunset affirmative final determinations in the relevant entries of biodiesel from review of the order not later than 30 less-than-fair-value (LTFV) Argentina and Indonesia. Antidumping days prior to the fifth anniversary of the investigations of biodiesel from duties will be assessed on unliquidated effective date of continuation. Argentina and Indonesia.1 On April 16, entries of biodiesel from Argentina and 2018, the ITC notified Commerce of its Indonesia entered, or withdrawn from 4 See Honey from the People’s Republic of China: affirmative final determination, warehouse for consumption, on or after Final Results of the Expedited Third Sunset Review October 31, 2017, the date on which of the Antidumping Duty Order, 83 FR 10432 pursuant to section 735(d) of the Act, (March 9, 2018) (Final Results) and accompanying that an industry in the United States is Issues and Decision Memorandum, dated March 5, 2 See Letter from the ITC to the Honorable Gary 2017. 1 See Biodiesel from Argentina: Final Taverman, dated April 16, 2018 (Notification of ITC 5 See Honey from China: Investigation No. 731– Determination of Sales at Less Than Fair Value and Final Determination); see also Biodiesel from TA–893 (Third Review), USITC Publication 4776 Final Affirmative Determination of Critical Argentina and Indonesia, Investigation Nos. 731– (April 2018); see also Honey from China: Circumstances, In Part, 83 FR 8837 (March 1, 2018) TA–1347–1348 (Final) (April 2018). Determination, 83 FR 17445 (April 19, 2018). (Argentina Final Determination); see also Biodiesel 3 See Biodiesel from Argentina and Indonesia; 6 For a full description of the scope of order, see from Indonesia: Final Determination of Sales at Determinations, 83 FR 17447 (April 19, 2018). Final Results and accompanying Issues and Less Than Fair Value, 83 FR 8835 (March 1, 2018) 4 See Notification of ITC Final Determination. Decision Memorandum. (Indonesia Final Determination). 5 Id.

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Commerce published its preliminary below. Accordingly, effective the date of deposits made to secure payment of determinations in the Federal Register.6 publication of the ITC’s final affirmative estimated antidumping duties on injury determination, CBP will require, subject merchandise entered, or Continuation of Suspension of at the same time as importers would withdrawn from warehouse, for Liquidation normally deposit estimated duties on consumption on or after August 2, 2017, In accordance with section the subject merchandise, a cash deposit (i.e., 90 days prior to the date of 735(c)(1)(B) of the Act, Commerce will equal to the cash deposit rates listed publication of the Argentina instruct CBP to continue to suspend below.7 The all-others rates apply to preliminary determination), but before liquidation of all relevant entries of producers or exporters not specifically October 31, 2017, (i.e., the date of biodiesel from Argentina and Indonesia. listed, as appropriate. publication of the Argentina These instructions suspending preliminary determination). liquidation will remain in effect until Critical Circumstances further notice. With regard to the ITC’s negative Estimated Weighted-Average Dumping Commerce will also instruct CBP to critical circumstances determination Margins require cash deposits for estimated regarding imports of biodiesel from The estimated weighted-average AD antidumping duties equal to the Argentina, Commerce will instruct CBP margins and cash deposit rates are as estimated cash deposit rates indicated to lift suspension and refund any cash follows:

Estimated cash deposit rate Exporters/producers from Argentina Estimated margin (adjusted for (percent) subsidy offset(s)) (percent)

LDC Argentina S.A ...... 60.44 60.44 Vicentin S.A.I.C.8 ...... 86.41 86.23 All Others ...... 74.73 74.63

Exporters/producers from Indonesia Estimated margin (percent) 9

Wilmar Trading PTE Ltd ...... 92.52 PT Musim Mas ...... 276.65 All Others ...... 92.52

Notification to Interested Parties percent biodiesel by volume, only the customs purposes, the written description of biodiesel component of the mixture is the scope is dispositive. This notice constitutes the AD orders covered by the scope of these orders. [FR Doc. 2018–08775 Filed 4–25–18; 8:45 am] with respect to biodiesel from Argentina Biodiesel is generally produced to BILLING CODE 3510–DS–P and Indonesia, pursuant to section American Society for Testing and Materials 736(a) of the Act. Interested parties can International (ASTM) D6751 specifications, find a list of AD orders currently in but it can also be made to other DEPARTMENT OF COMMERCE effect at http://enforcement.trade.gov/ specifications. Biodiesel commonly has one stats/iastats1.html. of the following Chemical Abstracts Service National Oceanic and Atmospheric These orders are issued and published (CAS) numbers, generally depending upon Administration in accordance with section 736(a) of the the feedstock used: 67784–80–9 (soybean oil Act and 19 CFR 351.211(b). methyl esters); 91051–34–2 (palm oil methyl RIN 0648–XG190 Dated: April 20, 2018. esters); 91051–32–0 (palm kernel oil methyl esters); 73891–99–3 (rapeseed oil methyl Gulf of Mexico Fishery Management P. Lee Smith, esters); 61788–61–2 (tallow methyl esters); Council; Public Meeting Deputy Assistant Secretary for Policy and 68990–52–3 (vegetable oil methyl esters); Negotiations. AGENCY: National Marine Fisheries 129828–16–6 (canola oil methyl esters); Service (NMFS), National Oceanic and Appendix 67762–26–9 (unsaturated alkylcarboxylic Atmospheric Administration (NOAA), Scope of the Orders acid methyl ester); or 68937–84–8 (fatty acids, C12–C18, methyl ester). Commerce. The product covered by these orders is The B100 product subject to the orders is ACTION: Notice of a public meeting. biodiesel, which is a fuel comprised of mono- currently classifiable under subheading alkyl esters of long chain fatty acids derived 3826.00.1000 of the Harmonized Tariff SUMMARY: The Gulf of Mexico Fishery from vegetable oils or animal fats, including Management Council will hold a one biologically-based waste oils or greases, and Schedule of the United States (HTSUS), while the B99 product is currently day meeting of its Outreach and other biologically-based oil or fat sources. Education Technical Committee. These orders cover biodiesel in pure form classifiable under HTSUS subheading (B100) as well as fuel mixtures containing at 3826.00.3000. Although the HTSUS DATES: The meeting will convene on least 99 percent biodiesel by volume (B99). subheadings, ASTM specifications, and CAS Thursday, May 10, 2018, from 8:30 a.m. For fuel mixtures containing less than 99 numbers are provided for convenience and to 4 p.m., EDT.

6 See Biodiesel from Argentina: Preliminary 7 See section 736(a)(3) of the Act. treated as a single entity. See Argentina Final Affirmative Determination of Sales at Less Than 8 Commerce determined that Vicentin S.A.I.C., Determination, 83 FR at 8838 n.8. Fair Value, Preliminary Affirmative Determination and companies Renova S.A., Oleaginosa Moreno 9 There were no export subsidies that were of Critical Circumstances, In Part, 82 FR 50391 Hermanos S.A., Molinos Agro S.A., Patagonia countervailed in the concurrent countervailing duty (October 31, 2017); Biodiesel from Indonesia: Energia S.A., VFG Inversiones y Actividades investigation. Preliminary Affirmative Determination of Sales at Especiales S.A., Vicentin S.A.I.C. Sucursal Uy, Less Than Fair Value, 82 FR 50379 (October 31, Trading Company X, and Molinos Overseas 2017). Commodities S.A. are affiliated and should be

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ADDRESSES: The meeting will be held at auxiliary aids should be directed to may send an email to Mr. Kris the Gulf of Mexico Fishery Management Kathy Pereira at the Gulf Council Office Kleinschmidt at Kris.Kleinschmidt@ Council Office, 2203 N Lois Avenue, (see ADDRESSES), at least 5 working days noaa.gov or contact him at 503–820– Suite 1100, Tampa, FL 33607; prior to the meeting. 2280, extension 411 for technical telephone: (813) 348–1630. Dated: April 23, 2018. assistance. FOR FURTHER INFORMATION CONTACT: Tracey L. Thompson, Council address: Pacific Fishery Management Council, 7700 NE Emily Muehlstein, Public Information Acting Deputy Director, Office of Sustainable Officer, Gulf of Mexico Fishery Fisheries, National Marine Fisheries Service. Ambassador Place, Suite 101, Portland, OR 97220–1384. Management Council; [FR Doc. 2018–08802 Filed 4–25–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: [email protected], BILLING CODE 3510–22–P telephone: (813) 348–1630. Robin Ehlke, Pacific Council; telephone: SUPPLEMENTARY INFORMATION: (503) 820–2410. Thursday, May 10, 2018; 8:30 a.m. DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The until 4 p.m. purpose of this planning session is to National Oceanic and Atmospheric discuss the schedule and workload Agenda Administration associated with the development of five The committee will begin with RIN 0648–XG191 salmon rebuilding plans in 2018. The introductions and adoption of agenda, STT will discuss a tentative timeline approval of the August 2017 meeting Pacific Fishery Management Council; and meeting schedule for completing summary. The committee will review Public Meeting the plans and contributions of entities the Gulf Council’s policy on the use of outside the STT in the development of venting tools and descending devices AGENCY: National Marine Fisheries rebuilding plans. This webinar is and discuss an outreach plan to promote Service (NMFS), National Oceanic and intended to address the logistics of the policy. Atmospheric Administration (NOAA), developing the plans; detailed The committee will review a Council Commerce. discussions of actual content will occur effort to collect anecdotal data to ACTION: Notice of public meeting at future meetings. A proposed agenda supplement stock assessments and (webinar). will be posted once available. If time inform the Council and its Scientific and interest allows, additional pertinent SUMMARY: The Pacific Fishery and Statistical Committee. Management Council’s (Pacific Council) topics may be discussed, including, but Finally, the Committee will discuss Salmon Technical Team (STT) will hold not limited to, future Council agenda the utility of improving the regulations a planning session to discuss the items. APP. development of salmon rebuilding Three coho stocks (Queets coho, Strait Meeting Adjourns— plans. This meeting will be held via of Juan de Fuca coho, and Snohomish The meeting will be broadcast via webinar and is open to the public. coho) and two Chinook stocks webinar. You may listen in by (Sacramento River fall Chinook and DATES: registering for the webinar by visiting The webinar will be held Klamath River fall Chinook) were found www.gulfcouncil.org and clicking on the Thursday, May 17, 2018, from 9 a.m. to to meet the criteria for being classified Outreach & Education Technical 3 p.m., or until business has been as overfished in the Pacific Council’s Committee meeting on the calendar. completed. Review of 2017 Ocean Salmon Fisheries, https://attendee.gotowebinar.com/ ADDRESSES: The meeting will be held released in February 2018. Under the register/3383291116212545537-. The via webinar. A public listening station tenants of the Salmon Fishery Agenda is subject to change, and the is available at the Pacific Council office Management Plan (FMP), a rebuilding latest version along with other meeting (address below). To attend the webinar, plan is required for each of these stocks. materials will be posted on use this link: https:// Among other requirements stipulated in www.gulfcouncil.org as they become www.gotomeeting.com/webinar (click Chapter 3 of the FMP, the STT is to available. ‘‘Join a Webinar’’ in top right corner of propose a rebuilding plan for Council Although other non-emergency issues page). (1) Enter the Webinar ID: 457– consideration within one year. not on the agenda may come before the 307–347; (2) Enter your name and email Although non-emergency issues not Technical Committee for discussion, in address (required). You must use your contained in the meeting agenda may be accordance with the Magnuson-Stevens telephone for the audio portion of the discussed, those issues may not be the Fishery Conservation and Management meeting by dialing this TOLL number subject of formal action during this Act, those issues may not be the subject 1–213–929–4232; (3) Enter the Attendee meeting. Action will be restricted to of formal action during this meeting. phone audio access code 421–973–026; those issues specifically listed in this Actions of the Technical Committee will (4) Enter your audio phone pin (shown document and any issues arising after be restricted to those issues specifically after joining the webinar). NOTE: We publication of this document that identified in the agenda and any issues have disabled Mic/Speakers as an require emergency action under section arising after publication of this notice option and require all participants to 305(c) of the Magnuson-Stevens Fishery that require emergency action under use a telephone or cell phone to Conservation and Management Act, Section 305(c) of the Magnuson-Stevens participate. Technical Information and provided the public has been notified of Fishery Conservation and Management System Requirements: PC-based the intent to take final action to address Act, provided the public has been attendees are required to use Windows® the emergency. notified of the Council’s intent to take 7, Vista, or XP; Mac®-based attendees ® Special Accommodations action to address the emergency. are required to use Mac OS X 10.5 or newer; Mobile attendees are required to The public listening station is Special Accommodations use iPhone®, iPad®, AndroidTM phone physically accessible to people with This meeting is physically accessible or Android tablet (see https:// disabilities. Requests for sign language to people with disabilities. Requests for www.gotomeeting.com/webinar/ipad- interpretation or other auxiliary aids sign language interpretation or other iphone-android-webinar-apps). You should be directed to Mr. Kris

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Kleinschmidt (kris.kleinschmidt@ Government-controlled corporations to Agency: United States Patent and noaa.gov; (503) 820–2411) at least 10 submit patent and trademark Trademark Office, Commerce. days prior to the meeting date. assignment documents and other Title: Patent Prosecution Highway Dated: April 23, 2018. documents related to title transfers to (PPH) Program. OMB Control Number: 0651–0058. Tracey L. Thompson, the USPTO to be recorded. In accordance with 37 CFR 3.54, the Form Number(s): Acting Deputy Director, Office of Sustainable • Fisheries, National Marine Fisheries Service. recording of an assignment document by PTO/SB/20GLBL the USPTO is an administrative action • PTO/SB/20AR [FR Doc. 2018–08805 Filed 4–25–18; 8:45 am] and not a determination of the validity • PTO/SB/20BR BILLING CODE 3510–22–P of the document or of the effect that the • PTO/SB/20CZ document has on the title to an • PTO/SB/20EA • application, patent, or trademark. PTO/SB/20MX DEPARTMENT OF COMMERCE • Affected Public: Businesses or other PTO/SB/20NL • for-profits; not-for-profit institutions. PTO/SB/20PH United States Patent and Trademark • PTO/SB/20RO Office Frequency: On occasion. • Respondent’s Obligation: Required to PTO/SB/20TW Submission for OMB Review; Obtain or Retain Benefits. Type of Request: Regular. Comment Request; Recording OMB Desk Officer: Nicholas A. Fraser, Number of Respondents: 8,110 Assignments email: Nicholas_A._Fraser@ responses per year. omb.eop.gov. Average Hours per Response: The The Department of Commerce will Once submitted, the request will be USPTO estimates that it will take the submit to the Office of Management and publicly available in electronic format public approximately two hours to Budget (OMB) for clearance the through reginfo.gov. Follow the gather the necessary information, following proposal for collection of instructions to view Department of prepare the appropriate form, and information under the provisions of the Commerce collections currently under submit a completed request to the Paperwork Reduction Act (44 U.S.C. review by OMB. USPTO. Chapter 35). Paper copies can be obtained by: Burden Hours: 16,200 hours. Agency: United States Patent and • Email: InformationCollection@ Cost Burden: $0. Trademark Office, Commerce. uspto.gov. Include ‘‘0651–0027 Needs and Uses: The information Title: Recording Assignments. Recording Assignments’’ in the subject gathered in this collection is integral to OMB Control Number: 0651–0027. line of the message. the Patent Prosecution Highway (PPH) Form Number(s): • Mail: Marcie Lovett, Director, programs that the USPTO participates in • PTO–1594 Records and Information Governance by identifying patent applications being • PTO–1595 Division, Office of the Chief Technology filed at multiple intellectual property Type of Request: Regular. Officer, United States Patent and offices across the globe, including at the Number of Respondents: 596,527 Trademark Office, P.O. Box 1450, USPTO. This includes declaring the responses per year. Alexandria, VA 22313–1450. Office of Earlier Examination (OEE) Average Hours per Response: The Written comments and with whom the application at the OEE, USPTO estimates that it will take the recommendations for the proposed and providing the necessary supporting public approximately 30 minutes (0.5 information collection should be sent on documentation for the application. The hours) to prepare the appropriate form or before May 29, 2018 to Nicholas A. forms also identify the correspondence or document and submit it to the Fraser, OMB Desk Officer, via email to between the claims being made at the USPTO. [email protected], or by USPTO with claims filed at the OEE and Burden Hours: 298,263.50 hours fax to 202 395–5167, marked to the an explanation for that correspondence. annually. attention of Nicholas A. Fraser. Frequency: On occasion. Cost Burden: $3,292,293.88. Respondent’s Obligation: Required to Needs and Uses: Marcie Lovett, Obtain or Retain Benefits. This collection of information is Director, Records and Information OMB Desk Officer: Nicholas A. Fraser, required by 35 U.S.C. 261 and 262 for Governance Division, OCTO, United States email: Nicholas_A._Fraser@ patents and 15 U.S.C. 1057 and 1060 for Patent and Trademark Office. omb.eop.gov. trademarks. These statutes authorize the [FR Doc. 2018–08737 Filed 4–25–18; 8:45 am] Once submitted, the request will be United States Patent and Trademark BILLING CODE 3510–16–P publicly available in electronic format Office (USPTO) to record patent and through www.reginfo.gov. Follow the trademark assignment documents, instructions to view Department of including transfers of properties (i.e. DEPARTMENT OF COMMERCE Commerce collections currently under patents and trademarks), liens, licenses, review by OMB. United States Patent and Trademark assignments of interest, security Further information can be obtained Office interests, mergers, and explanations of by: • transactions or other documents that Submission of OMB Review; Comment Email: InformationCollection@ record the transfer of ownership of a Request; ‘‘Patent Prosecution Highway uspto.gov. Include ‘‘0651–0068 copy particular patent or trademark property (PPH) Program’’ request’’ in the subject line of the from one party to another. Assignments message. are recorded for applications, patents, The United States Patent and • Mail: Marcie Lovett, Records and and trademark registrations. Trademark Office (USPTO) will submit Information Governance Division The USPTO administers these statutes to the Office of Management and Budget Director, Office of the Chief through 37 CFR 2.146, 2.171, and 37 (OMB) for clearance the following Technology Officer, United States CFR part 3. These rules permit the proposal for collection of information Patent and Trademark Office, P.O. public, corporations, other federal under the provisions of the Paperwork Box 1450, Alexandria, VA 22313– agencies, and Government-owned or Reduction Act (44 U.S.C. chapter 35). 1450.

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Written comments and Council is a consultative body DEPARTMENT OF DEFENSE recommendations for the proposed comprised of scholars that help the information collection should be sent on Office of Research perform these Office of the Secretary or before May 29, 2018 to Nicholas A. responsibilities. Section 3 of the ARC Fraser, OMB Desk Officer, via email to Charter states: Board of Regents, Uniformed Services [email protected] or by The Council will provide the Bureau’s University of the Health Sciences; fax to 202–395–5197, marked to the Office of Research technical advice and Notice of Federal Advisory Committee attention of Nicholas A. Fraser. feedback on research methodologies, Meeting data collection strategies, and methods Marcie Lovett, AGENCY: Under Secretary of Defense for of analysis. Additionally, the Council Personnel and Readiness, Board of Records and Information Governance will provide both backward- and Regents (Board), Uniformed Services Division Director, Office of the Chief forward-looking feedback on the Office Technology Officer, United States Patent and University of the Health Sciences Trademark Office. of Research’s research work and will (USU), Department of Defense (DoD). offer input into its research strategic [FR Doc. 2018–08739 Filed 4–25–18; 8:45 am] ACTION: Notice of Federal Advisory planning process and research agenda. BILLING CODE 3510–16–P Committee meeting. II. Agenda SUMMARY: The DoD is publishing this The Academic Research Council will notice to announce that the following BUREAU OF CONSUMER FINANCIAL discuss methodology and direction for Federal Advisory Committee meeting of PROTECTION consumer finance research at the the Board of Regents, Uniformed Bureau. Services University of the Health Academic Research Council Meeting Persons who need a reasonable Sciences will take place. AGENCY: Bureau of Consumer Financial accommodation to participate should DATES: Friday, May 18, 2018 open to the Protection. contact [email protected], public from 8:00 a.m. to 10:20 a.m. ACTION: Notice of public meeting. 202–435–9EEO, l-855–233–0362, or Closed session will occur from 202–435–9742 (TTY) at least ten approximately 10:25 a.m. to 11:25 a.m. SUMMARY: Under the Federal Advisory business days prior to the meeting or ADDRESSES: Uniformed Services Committee Act (FACA), this notice sets event to request assistance. The request University of the Health Sciences, 4301 forth the announcement of a public must identify the date, time, location, Jones Bridge Road, Everett Alvarez Jr. meeting of the Academic Research and title of the meeting or event, the Board of Regents Room (D3001), Council (ARC or Council) of the nature of the assistance requested, and Bethesda, Maryland 20814. Consumer Financial Protection Bureau contact information for the requester. FOR FURTHER INFORMATION CONTACT: (Bureau). The notice also describes the The Bureau will strive to provide, but Jennifer Nuetzi James, 301–295–3066 functions of the Council. This notice is cannot guarantee that accommodation (Voice), 301–295–1960 (Facsimile), being published less than 15 days prior will be provided for late requests. [email protected] to the meeting date due to Written comments will be accepted (Email). Mailing address is 4301 Jones administrative delays. from interested members of the public Bridge Road, A1020, Bethesda, DATES: and should be sent to CFPB_ The meeting date is Wednesday, Maryland 20814. Website: https:// [email protected], a May 2, 2018, 1:00 p.m. to 4:30 p.m. www.usuhs.edu/vpe/bor. eastern standard time. minimum of seven (7) days in advance SUPPLEMENTARY INFORMATION: This ADDRESSES: of the meeting. The comments will be The meeting location is meeting is being held under the Consumer Financial Protection Bureau, provided to the ARC members for consideration. Individuals who wish to provisions of the Federal Advisory 1700 G Street NW, Washington, DC Committee Act (FACA) of 1972 (5 20552. attend the Academic Research Council meeting must RSVP to CFPB_ U.S.C., Appendix, as amended), the FOR FURTHER INFORMATION CONTACT: [email protected], by Government in the Sunshine Act of Emily Turner, Director’s Financial noon, May 1, 2018. Members of the 1976 (5 U.S.C. 552b, as amended), and Analyst, at 202–435–7730, CFPB_ public must RSVP by the due date and 41 CFR 102–3.140 and 102–3.150. [email protected], Purpose of the Meeting: The purpose must include ‘‘ARC’’ in the subject line Academic Research Council, Office of of the meeting is to provide advice and of the RSVP. Research, 1700 G Street NW, recommendations to the Secretary of Washington, DC 20552. If you require III. Availability Defense, through the Under Secretary of this document in an alternative Defense for Personnel and Readiness, on _ The Council’s agenda will be made electronic format, please contact CFPB available to the public on April 24, academic and administrative matters [email protected]. 2018, via consumerfinance.gov. critical to the full accreditation and SUPPLEMENTARY INFORMATION: Individuals should express in their successful operation of USU. These actions are necessary for USU to pursue I. Background RSVP if they require a paper copy of the agenda. its mission, which is to educate, train Section 1013(b)(1) of the Consumer A recording and transcript of this and comprehensively prepare Financial Protection Act, 12 U.S.C. meeting will be available after the uniformed services health professionals, 5493(b)(1), establishes the Office of meeting on the Bureau’s website officers, scientists and leaders to Research (OR) and assigns to it the consumerfinance.gov. support the Military and Public Health responsibility of researching, analyzing, Systems, the National Security and and reporting on topics relating to the Dated: April 20, 2018. National Defense Strategies of the Bureau’s mission, including Kirsten Sutton, United States, and the readiness of our developments in markets for consumer Chief of Staff, Bureau of Consumer Financial Uniformed Services. financial products and services, Protection. Agenda: The actions scheduled to consumer awareness, and consumer [FR Doc. 2018–08716 Filed 4–25–18; 8:45 am] occur include the review of the minutes behavior. The Academic Research BILLING CODE 4810–AM–P from the Board meeting held on

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February 6, 2018; recommendations the agency, will involve allegations of a Broad Institute, 415 Main Street, regarding the awarding of associate, person having committed a crime or Cambridge, MA 02142. Additionally, baccalaureate and post-baccalaureate censuring an individual, and may the open portion of the meeting will be degrees; recommendations regarding the disclose investigatory records compiled live streamed for those who are unable approval of faculty appointments and for law enforcement purposes. to physically attend the meeting. promotions; recommendations regarding Written Statements: Pursuant to FOR FURTHER INFORMATION CONTACT: award nominations; and award section 10(a)(3) of the Federal Advisory Michael L. Gable, (571) 372–0933 presentations. The USU President will Committee Act of 1972 and 41 CFR 102– (Voice), [email protected] provide a report on recent actions 3.140, the public or interested (Email) or [email protected]. affecting academic and operational organizations may submit written Mailing address is Defense Innovation aspects of USU. Member reports will comments to the Board about its Board, ATTN: Designated Federal include an Academics Summary approved agenda pertaining to this Officer, 9010 Defense Pentagon, Room consisting of reports from the Dean of meeting or at any time regarding the 5E572, Washington, DC 20301–9010. the F. Edward He´bert School of Board’s mission. Individuals submitting Website: http://innovation.defense.gov. Medicine, Dean of the Daniel K. Inouye a written statement must submit their The most up-to-date changes to the Graduate School of Nursing, Executive statement to the Designated Federal meeting agenda can be found on the Dean of the Postgraduate Dental College, Officer at the address listed above in website. Dean of the College of Allied Health FOR FURTHER INFORMATION CONTACT. Written statements that do not pertain to SUPPLEMENTARY INFORMATION: Due to Sciences, Director of USU Graduate circumstances beyond the control of the Medical Education, and the President of a scheduled meeting of the Board may be submitted at any time. However, if Department of Defense (DoD) and the the USU Faculty Senate. Member Designated Federal Officer, the Defense Reports will also include a Finance and individual comments pertain to a specific topic being discussed at the Innovation Board was unable to provide Administration Summary consisting of public notification required by 41 CFR reports from the Senior Vice President planned meeting, then these statements must be received at least 5 calendar 102–3.150(a) concerning the meeting on of the Southern Region, Senior Vice April 26, 2018, of the Defense President of the Western Region, Vice days prior to the meeting, otherwise, the comments may not be provided to or Innovation Board. Accordingly, the President for Finance and Advisory Committee Management Administration, Vice President for considered by the Board until a later date. The Designated Federal Officer Officer for the Department of Defense, Information and Education Technology, pursuant to 41 CFR 102–3.150(b), and the Director of the Armed Forces will compile all timely submissions with the Board’s Chair and ensure such waives the 15-calendar day notification Radiobiology Research Institute. requirement. This meeting is being held Additional reports include the USU submissions are provided to Board Members before the meeting. in accordance with the provisions of the Alumni Association, USU School of Federal Advisory Committee Act Medicine Gunpowder Redesign, USU Dated: April 23, 2018. (FACA) (5 U.S.C., Appendix), the School of Medicine Telehealth Pilot and Shelly E. Finke, Government in the Sunshine Act (5 the President and CEO for the Henry M. Alternate OSD Federal Register Liaison U.S.C. 552b) (‘‘the Sunshine Act’’), and Jackson Foundation for the Officer, Department of Defense. 41 CFR 102–3.140 and 102–3.150. Advancement of Military Medicine. A [FR Doc. 2018–08831 Filed 4–25–18; 8:45 am] Purpose of the Meeting: The mission closed session will be held, after the BILLING CODE 5001–06–P of the DIB is to examine and provide the open session, to discuss active Secretary of Defense and the Deputy investigations and personnel actions. Secretary of Defense independent Meeting Accessibility: Pursuant to DEPARTMENT OF DEFENSE advice and recommendations on Federal statutes and regulations (5 innovative means to address future Office of the Secretary U.S.C., Appendix, 5 U.S.C. 552b, and 41 challenges in terms of integrated change CFR 102–3.140 through 102–3.165) and Defense Innovation Board; Notice of to organizational structure and the availability of space, the meeting is Federal Advisory Committee Meeting processes, business and functional open to the public from 8:00 a.m. to concepts, and technology applications. 10:20 a.m. Seating is on a first-come AGENCY: Chief Management Officer, The DIB focuses on (a) technology and basis. Members of the public wishing to Defense Innovation Board, Department capabilities, (b) practices and attend the meeting should contact of Defense. operations, and (c) people and culture. Jennifer Nuetzi James no later than five ACTION: Notice of Federal Advisory Agenda: During the closed portion of business days prior to the meeting, at Committee meeting. the meeting, the DIB will receive the address and phone number noted in classified informational briefings from the FOR FURTHER INFORMATION CONTACT SUMMARY: The Department of Defense the Executive Director of the DIB related section. Pursuant to 5 U.S.C. 552b(c)(2, (DoD) is publishing this notice to to DoD’s latest efforts to leverage 5–7), the DoD has determined that the announce that the following Federal advances in artificial intelligence and portion of the meeting from 10:25 a.m. advisory committee meeting of the machine learning and from the to 11:25 a.m. shall be closed to the Defense Innovation Board (DIB) will Secretary of the Navy related to public. The Under Secretary of Defense take place. innovation priorities and ongoing (Personnel and Readiness), in DATES: Closed to the public Thursday, activities within the U.S. Navy. consultation with the Office of the April 26, 2018 from 12:30 p.m. to 2:00 During the open portion of the Department of Defense General Counsel, p.m. Open to the public Thursday, April meeting, the DIB will invite selected has determined in writing that this 26, 2018 from 2:30 p.m. to 5:00 p.m. experts to provide analysis and inputs portion of the Board’s meeting will be ADDRESSES: The closed portion of the related to software acquisition and closed as the discussion will disclose meeting will be held at the Draper development. Experts include sensitive personnel information, will Laboratory, 555 Technology Square, Lieutenant General Lee Levy, U.S. Air include matters that relate solely to the Cambridge, MA 02139. The open Force, Commander, Air Force internal personnel rules and practices of portion of the meeting will be held at Sustainment Center; Rear Admiral

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David Hahn, U.S. Navy, Chief of Naval (DFO), see FOR FURTHER INFORMATION SUMMARY: The Department of Defense Research; Ms. Jane Rathbun, Deputy CONTACT section for contact information, has submitted to OMB for clearance the Director, Business Systems, DoD; no later than April 24, 2018, so that following proposal for collection of Colonel Mike McGinley, U.S. Air Force, appropriate arrangements can be made. information under the provisions of the Defense Innovation Unit Experimental— Written Statements: Pursuant to Paperwork Reduction Act. Boston; Ms. Jen Edgin, Chief section 10(a)(3) of the FACA and 41 CFR DATES: Consideration will be given to all Technology Officer, U.S. Marine Corps; 102–3.140, the public or interested comments received by May 29, 2018. Captain Bryon Kroger, U.S. Air Force, organizations may submit written ADDRESSES: Comments and Chief Operations Officer, Kessel Run. comments to the DIB about its approved recommendations on the proposed DIB members will present their initial agenda pertaining to this meeting or at information collection should be research and plan for the Software any time regarding the DIB’s mission. emailed to Ms. Jasmeet Seehra, DoD Acquisition and Practices (SWAP) study Individuals submitting a written Desk Officer, at oira_submission@ directed in the National Defense statement must submit their statement omb.eop.gov. Please identify the Authorization Act for Fiscal Year 2018 to the DFO (see FOR FURTHER proposed information collection by DoD (‘‘the FY18 NDAA’’). The DIB will INFORMATION CONTACT section for contact Desk Officer, Docket ID number, and deliberate and vote on the initial SWAP information). Written comments that do title of the information collection. observations, referred to as the 10 not pertain to a scheduled meeting may FOR FURTHER INFORMATION CONTACT: Fred Commandments of Software for DoD, be submitted at any time. However, if Licari, 571–372–0493, or whs.mc- and the research plan intended to be individual comments pertain to a alex.esd.mbx.dd-dod-information- submitted as the interim report to specific topic being discussed at the [email protected]. Congress required by the FY18 NDAA. planned meeting, then such comments The DIB’s Executive Director will brief must be received in writing not later SUPPLEMENTARY INFORMATION: the DIB on DoD’s latest implementation than April 24, 2018. The DFO will Title; Associated Form; and OMB activities related to DIB compile all written submissions and Number: Defense Biometric recommendations. Members of the provide them to DIB members for Identification System (DBIDS); OMB public will have an opportunity to consideration. Control Number 0704–0455. provide oral comments to the DIB Oral Presentations: Individuals Type of Request: Reinstatement, with regarding the DIB’s deliberations and wishing to make an oral statement to the change. potential recommendations. See below DIB at the public meeting may be Number of Respondents: 2,500,000. Responses per Respondent: 1. for additional information on how to permitted to speak for up to two Annual Responses: 2,500,000. sign up to provide public comments. minutes. Anyone wishing to speak to Average Burden per Response: 7.5 Meeting Accessibility: Pursuant to 5 the DIB should submit a request by minutes. U.S.C. 552b(c)(1), the DoD has email at [email protected] not determined that the portion of the Annual Burden Hours: 312,500. later than April 24, 2018 for planning. Needs and Uses: The information meeting from 12:30 p.m. to 2:00 p.m. Requests for oral comments should shall be closed to the public. The Chief collection requirement is necessary to include a copy or summary of planned obtain and record the biographic & Management Officer, in consultation remarks for archival purposes. with the Office of the DoD General biometric data connected with Individuals may also be permitted to positively identifying identity, Counsel, has determined in writing that submit a comment request at the public this portion of the DIB’s meeting will be eligibility for access, and fitness within meeting; however, depending on the closed as the discussions will involve DBIDS and shared with IMESA/IOLS. number of individuals requesting to classified matters of national security. The form data is used in the speak, the schedule may limit Such classified material is so determination of access at DBIDS sites participation. Webcast attendees will be inextricably intertwined with the and affiliated systems through use of provided instructions with the live unclassified material that it cannot IMESA/IolS. stream link if they wish to submit reasonably be segregated into separate Affected Public: Individuals or comments during the open meeting. discussions without disclosing matters Households, Business or Other For- that are classified SECRET or higher. Dated: April 23, 2018. Profit, Not-For-Profit Institutions, Pursuant to Federal statutes and Shelly E. Finke, Federal Government, State, Local or regulations (the FACA, the Sunshine Alternate OSD Federal Register Liaison Tribal Government. Act, and 41 CFR 102–3.140 through Officer, Department of Defense. Frequency: On occasion. 102–3.165) and the availability of space, [FR Doc. 2018–08830 Filed 4–25–18; 8:45 am] Respondent’s Obligation: Required to the meeting is open to the public from BILLING CODE 5001–06–P obtain or retain benefits. 2:30 p.m. to 5:00 p.m. Seating is on a OMB Desk Officer: Ms. Jasmeet first-come basis. Members of the public Seehra. wishing to attend the meeting or DEPARTMENT OF DEFENSE You may also submit comments and wanting to receive a link to the live recommendations, identified by Docket stream webcast should register on the Office of the Secretary ID number and title, by the following DIB website, http:// method: innovation.defense.gov, no later than [Docket ID: DoD–2018–OS–0003] • Federal eRulemaking Portal: http:// April 24, 2018. Members of the media www.regulations.gov. Follow the Submission for OMB Review; should RSVP to Commander Patrick instructions for submitting comments. Comment Request Evans, U.S. Navy, Office of the Secretary Instructions: All submissions received of Defense Public Affairs, at AGENCY: Office of the Under Secretary of must include the agency name, Docket [email protected]. Defense for Personnel and Readiness, ID number, and title for this Federal Special Accommodations: Individuals DoD. Register document. The general policy requiring special accommodations to for comments and other submissions ACTION: 30-Day information collection access the public meeting should from members of the public is to make notice. contact the Designated Federal Officer these submissions available for public

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viewing on the internet at http:// Reduction Act of 1995 (PRA) (44 U.S.C. success. In support of this program, www.regulations.gov as they are 3506(c)(2)(A)), provides the general Congress appropriated nearly $1.2 received without change, including any public and Federal agencies with an billion for 21st CCLC programs for fiscal personal identifiers or contact opportunity to comment on proposed, year 2016. Consisting of public and information. revised, and continuing collections of nonprofit agencies, community- and DOD Clearance Officer: Mr. Frederick information. This helps the Department faith-based organizations, postsecondary Licari. assess the impact of its information institutions, and other community Requests for copies of the information collection requirements and minimize entities, 3,695 sub-grantees—operating collection proposal should be sent to the public’s reporting burden. It also 9,252 centers—provided academic and Mr. Licari at whs.mc-alex.esd.mbx.dd- helps the public understand the enrichment services and activities to [email protected]. Department’s information collection over 1.8 million participants. Dated: April 18, 2018. requirements and provide the requested Dated: April 20, 2018. Shelly E. Finke, data in the desired format. ED is Tomakie Washington, Alternate OSD Federal Register Liaison soliciting comments on the proposed Officer, Department of Defense. information collection request (ICR) that Acting Director, Information Collection Clearance Division, Office of the Chief Privacy [FR Doc. 2018–08744 Filed 4–25–18; 8:45 am] is described below. The Department of Education is especially interested in Officer, Office of Management. BILLING CODE 5001–06–P public comment addressing the [FR Doc. 2018–08735 Filed 4–25–18; 8:45 am] following issues: (1) Is this collection BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION necessary to the proper functions of the Department; (2) will this information be [Docket No.: ED–2018–ICCD–0047] processed and used in a timely manner; (3) is the estimate of burden accurate; DEPARTMENT OF ENERGY Agency Information Collection (4) how might the Department enhance Activities; Comment Request; 21st the quality, utility, and clarity of the Federal Energy Regulatory Century Community Learning Centers information to be collected; and (5) how Commission Annual Performance Report might the Department minimize the AGENCY: Office of Elementary and burden of this collection on the [Docket No. AD18–8–000; Docket No. EL18– Secondary Education (OESE), respondents, including through the use 26–000] Department of Education (ED). of information technology. Please note ACTION: Notice. that written comments received in Reform of Affected System response to this notice will be Coordination in the Generator SUMMARY: In accordance with the considered public records. Interconnection Process, EDF Paperwork Reduction Act of 1995, ED is Title of Collection: 21st Century Renewable Energy, Inc. v. proposing a revision of an existing Community Learning Centers Annual Midcontinent Independent System information collection. Performance Report. Operator, Inc., Southwest Power Pool, DATES: Interested persons are invited to OMB Control Number: 1810–0668. Inc., and PJM Interconnection, L.L.C.; submit comments on or before June 25, Type of Review: A revision of an Notice Inviting Post-Technical 2018. existing information collection. Conference Comments ADDRESSES: To access and review all the Respondents/Affected Public: Private documents related to the information Sector. On April 3 and April 4, 2018, Federal Total Estimated Number of Annual collection listed in this notice, please Energy Regulatory Commission Responses: 54. (Commission) staff conducted a use http://www.regulations.gov by Total Estimated Number of Annual technical conference to discuss issues searching the Docket ID number ED– Burden Hours: 1,488. 2018–ICCD–0047. Comments submitted Abstract: The purpose of the 21st related to affected systems that have in response to this notice should be Century Community Learning Centers been raised in the complaint filed by submitted electronically through the (21st CCLC) program, as authorized EDF Renewable Energy, Inc. against Federal eRulemaking Portal at http:// under Title IV, Part B, of the Elementary Midcontinent Independent System www.regulations.gov by selecting the and Secondary Education Act, as Operator, Inc., Southwest Power Pool, Docket ID number or via postal mail, amended by the Every Student Succeeds Inc., and PJM Interconnection, L.L.C. in commercial delivery, or hand delivery. Act (ESSA) (20 U.S.C. 7171–7176) is to Docket No. EL18–26–000 and in the Please note that comments submitted by create community learning centers that Commission’s Notice of Proposed fax or email and those submitted after provide academic enrichment Rulemaking (Generator Interconnection the comment period will not be opportunities for children, particularly NOPR) on the interconnection process accepted. Written requests for students who attend high poverty and in Docket No. RM17–8–000. information or comments submitted by low-performing schools, to meet State All interested persons are invited to postal mail or delivery should be and local student standards in core file initial and reply post-technical addressed to the Director of the academic subjects, to offer students a conference comments on the questions Information Collection Clearance broad array of enrichment activities that listed in the Supplemental Notice of Division, U.S. Department of Education, can complement their regular academic Technical Conference issued in this 400 Maryland Avenue SW, LBJ, Room programs, and to offer literacy and other proceeding on March 26, 2018 and the 216–44, Washington, DC 20202–4537. educational services to the families of questions listed in the attachment to FOR FURTHER INFORMATION CONTACT: For participating children. Present in all 50 this notice. Commenters need not specific questions related to collection states, the District of Columbia, Puerto respond to all topics or questions asked. activities, please contact Daryn Rico, U.S. Virgin Islands, and the Commenters may reference material Hedlund, 202–401–3008. Bureau of Indian Education, academic previously filed in this docket but are SUPPLEMENTARY INFORMATION: The enrichment and youth development encouraged to submit new or additional Department of Education (ED), in programs are designed to enhance information rather than reiterate accordance with the Paperwork participants’ well-being and academic information that is already in the record.

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In particular, commenters are procedural matters, and reference any information is located in your tariff. Are encouraged, when possible, to provide tariff, JOA, BPM, and/or other the standards (e.g. shift factors, examples in support of their answers. provisions that describe the process for contingency lists) for modeling NRIS Initial and reply comments are due such coordination. and ERIS available to customers, and if within 30 days and 45 days, 4. Should there be a pro forma so, where is this information located? respectively, from the date of this affected system study agreement that 2. Explain the reasons an affected notice. provides for firm timelines for the system would study an interconnection For more information about this affected system to provide the relevant request made in a host system using notice, please contact: studies? If so, what terms and NRIS criteria when the interconnection Myra Sinnott (Technical Information), conditions should it contain, and what customer is only requesting NRIS in the Office of Energy Policy and entities should be parties to the affected host system. What are the benefits and Innovation, (202) 502–6033, system study agreement (e.g., host drawbacks to studying and also [email protected]. transmission provider, host requiring an interconnection customer Kathleen Ratcliff (Technical transmission owner, affected system, seeking NRIS in the host system to be Information), Office of Energy Market interconnection customer)? What responsible for network upgrade costs in Regulation, (202) 502–8018, modifications would need to be made to an affected system in the same manner [email protected]. such a study agreement to accommodate as an interconnection customer who Lina Naik (Legal Information), Office of a non-public utility affected system? requests NRIS in the affected system? the General Counsel, (202) 502–8882, 5. Regardless of whether the 3. Explain the reasons an affected [email protected]. Commission proceeds with system could or should study an development of a pro forma affected interconnection request using ERIS Dated: April 19, 2018. systems study agreement, should MISO, criteria when the interconnection Nathaniel J. Davis, Sr., SPP, and PJM develop a common customer is requesting NRIS in the host Deputy Secretary. affected systems study agreement? If so, system. If you believe affected system Post-Technical Conference Questions what terms and conditions should this transmission providers should study for Comment agreement contain, and what entities NRIS requests as ERIS, please include should be parties to the agreement (e.g., an explanation of how ERIS criteria For any of the following questions, host transmission provider, host address reliability concerns associated please also describe any issues transmission owner, affected system, with an NRIS interconnection request in presented when an affected system is a interconnection customer)? If possible, both the host and affected systems. non-public utility transmission please provide a sample of a commonly 4. Should there be a standard provider. used affected systems study agreement. approach to determine if an General Affected Systems Coordination 6. As part of the affected systems interconnection customer requesting Processes study agreement, if affected systems NRIS in the host system is studied as were allowed to charge interconnection NRIS or ERIS on an affected system? If 1. Please describe any affected system customers an administrative fee for so, what should the standard be and coordination processes and guidance conducting affected system studies, in why? available for your market or balancing addition to receiving reimbursement for 5. If there is no generic reform that authority area, including, but not the actual costs of conducting affected dictates how affected systems study limited to, tariff provisions, joint system studies, would such a fee interconnection customers who request operating agreements (JOA), and motivate affected systems that lack NRIS on the host system, should MISO, business practice manuals (BPM). resources, such as full-time employees, SPP, and PJM develop a standard 2. Please explain the role of the host to conduct affected system studies in a approach to determining whether such transmission provider in managing the more timely manner? If so, how should an interconnection customer should be coordination and communication the fee be determined and what studied as NRIS or ERIS on the affected between an interconnection customer milestones of the affected system should system(s) during the modeling process? and an affected system during the be tied to the fee? Should such an If so, what should the standard be and course of an interconnection request administrative fee be tied to the affected why? process. If the interconnection customer system providing its study results by a 6. Please explain the process used to has primary responsibility to coordinate certain date? calculate generation shift factors, and communicate with the affected 7. Describe any planned or in-process including how and where the reference system, please explain how the host affected system coordination bus is selected, when conducting an transmission provider ensures that improvement efforts taking place in affected system study for affected system matters are addressed your market or balancing authority area interconnection requests made in a host before proceeding with an (through a stakeholder process, etc.). system. interconnection for which affected Please provide links or directions to any 7. What are the dispatch assumptions system impacts have been raised. publicly available materials related to used in affected systems studies? Are 3. With respect to Midcontinent these improvement efforts. the dispatch assumptions the same for Independent System Operator, Inc. already interconnected resources on the (MISO), Southwest Power Pool, Inc. Modeling and Study Procedures Used host system that affect flows on the (SPP), and PJM Interconnection, L.L.C. for Affected Systems Information affected system and resources already (PJM) specifically, once the need for an 1. Please explain how Network interconnected in the affected system? affected system study is determined, Resource Interconnection Service Are these dispatch assumptions please describe how each RTO then (NRIS) and Energy Resource consistent with the assumptions an coordinates with the other RTO to Interconnection Service (ERIS) are affected system uses when it performs consider the affected system impacts modeled both when conducting studies an interconnection request within its due to an interconnection request on the on your system and when conducting footprint? Are the dispatch assumptions host system. Please include the steps in studies as an affected system, and an affected system uses in affected the process and any timelines and other provide a reference to where that system studies provided to

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interconnection customers? To the interconnection and affected system by which the affected system should extent already interconnected resources study processes? notify the interconnection customer on the host system are assumed to be and/or host transmission provider of Timing of Affected System dispatched at full output, what is the network upgrade costs? Coordination rationale for that assumption? 5. Should affected system study 8. What criteria do transmission 1. Does the host system’s results be aligned with the host system’s providers use to determine whether an interconnection process include an system impact study results to allow interconnection request on the host opportunity for the host system and interconnection customers to have an system requires an affected system interconnection customer to review an estimate of all of their potential network study on an affected system? Please affected system study and discuss the upgrade costs prior to proceeding in the provide references to tariff, JOA, BPM, results with the host system or affected queue with an at-risk financial and any other provisions that include system, as necessary, before the payment? Alternatively, if an this criteria. If the determination is interconnection process either requires interconnection customer is required to based on ‘‘engineering judgment,’’ is a financial milestone payment or proceed with an at-risk financial this judgment adequately explained to execution of an interconnection payment or move forward with an the interconnection customer? If so, in agreement? If so, please provide interconnection agreement without what form does the interconnection references to the relevant tariff or having the affected system study results, customer receive that information? If manual descriptions of this opportunity. should the affected system or host there is a disagreement regarding this Is this opportunity to review included system be required to provide the determination, is there a process for the in the host system’s interconnection interconnection customer with an customer to challenge it? If so, please queue timeline? If so, how much time is option for a refund of its payment if it provide a detailed description of that allowed? withdraws due to late-received affected 2. Should all host system process. system study results? transmission providers be required to 6. Please comment on the potential for 9. Should MISO, SPP, and PJM be align their interconnection study an alternative affected system study required to use the same criteria to process schedules with any relevant process in which the host system determine whether an interconnection affected systems in order to allow for obtains the model from the affected request on the host system requires an both host system and affected system system and performs the impact affected system study on an affected studies to occur on the same timeline? analysis on the affected system for system? Would such alignment improve the interconnection customers itself, with 10. Please comment on the possibility timing at which an interconnection the host system following up with the of implementing jointly developed customer receives affected system study affected system to verify results. Would interconnection-wide transmission results? What actions could the host such an approach be beneficial or models between transmission providers system, affected system, and practicable? Would the additional in affected system studies to detect interconnection customer take to better analysis and verification add time to the topology changes to a transmission align the completion of affected system interconnection process? Should the provider’s region that might not be study results? Should the Commission host system be compensated for visible by the affected systems until the require that an interconnection performing the impact analysis? next interconnection-wide model customer receive affected system study 7. Should the Commission require update. results at the same time it receives a that time be allowed to potentially 11. When an affected system studies host system’s system impact study identify and consider either alternatives an interconnection request, should it results? If so, would there be any to the dispatch assumptions or model its entire footprint or a sub- concerns with that approach? adjustments to the interconnection region(s) of its system? If a sub-region(s) 3. Should MISO, SPP, and PJM be request that could mitigate the cost of a would be sufficient, please explain what required to adopt a common timeline for network upgrade on an affected system? criteria would be used to determine the conducting affected systems studies and If so, what duration of time would be sub-region(s) in an affected system that providing results to interconnection sufficient? are impacted by an interconnection customers and/or the host transmission 8. With respect to MISO, SPP, and request in a host system. provider? If not, why not? If so, please PJM specifically, should the 12. What are the benefits and explain how this common timeline Commission require that time be drawbacks for the interconnection could be implemented. For example, allowed to potentially identify and customer, the host transmission would each RTO begin affected system consider either alternatives to the provider and the affected system to an studies at certain set dates throughout dispatch assumptions or adjustments to affected system studying all the year and commit to providing the interconnection request that could interconnection requests in a host results by certain set dates, or are there mitigate the cost of a network upgrade system study cluster or queue to other ways of implementing a common on an affected system? If so, what determine affected system impacts? Is timeline? Please also provide an duration of time would be sufficient? there a way the host system could example of how this common timeline Even if a common timeline is not employ some type of pre-screening could be developed—that is, by required by the Commission, should process to limit affected systems providing sample tariff, JOA, BPM, or MISO, SPP, and PJM nevertheless be analysis to only those requests that may other language. required to build time into their own impact an affected system? What criteria 4. Should affected systems be interconnection processes to allow for should be used in such a pre-screening required to adhere to a time limit or further consideration of affected system process? point in the host system’s study results and potential mitigation 13. At what point in the interconnection process (such as when measures as an alternative to the interconnection process should a generator interconnection agreement network upgrades included in an interconnection customers be required (GIA) is tendered or system impact affected system study? For example, to provide relevant modeling data to study data is provided by the host should interconnection customers in best avoid delays in both the host system to the interconnection customer) MISO be allowed more than 15 days

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after receipt of affected system study 5. If the same network upgrade is customers and/or affected system study results to decide to proceed to the next required by interconnection requests on process? If so, how? phase of the definitive planning phase both a host system and an affected [FR Doc. 2018–08722 Filed 4–25–18; 8:45 am] (DPP)? system, is there cost sharing among the BILLING CODE 6717–01–P 9. Should MISO perform fewer interconnection customers? Does this affected systems studies than the three cost sharing extend to lower-queued studies currently required as part of the customers, whether they are host system FEDERAL COMMUNICATIONS three-phase DPP process? If so, which customers or affected system customers? COMMISSION phase(s) in the DPP is most important to 6. How are interconnection requests the analysis of potential impacts on [AU Docket No. 17–143; DA 18–260] affected systems? Should an made on an affected system aligned interconnection customer in MISO be with host system interconnection Auction of Cross-Service FM permitted to proceed to the next DPP requests for the purpose of determining Translator Construction Permits phase even if an affected system study queue order and cost responsibility? For Scheduled for May 15, 2018; Notice is not ready and therefore not included instance, where the affected system uses and Filing Requirements, Minimum in the system impact study of the prior a cluster study approach, are Opening Bids, Upfront Payments, and phase? interconnection requests external to the Other Procedures for Auction 99 affected system integrated into the Allocation of Affected System Costs affected system’s current cluster study AGENCY: Federal Communications Commission. 1. Are there improvements that could with queue priority and cost be made to transmission planning responsibility equivalent to the other ACTION: Final action; requirements and processes to better identify transmission interconnection requests in the cluster? procedures. projects that benefit host systems and/ 7. Should MISO, SPP, and PJM be SUMMARY: This document summarizes or affected systems but that are required to develop a network upgrade the procedures and announces upfront currently identified only in construct that avoids a ‘‘higher-queued’’ payment amounts and minimum interconnection studies and affected penalty, whereby network upgrade costs opening bids for the auction of cross- system studies? If so, please explain are assigned to higher-queued projects service FM translator construction how such improvements should be (earlier in time) rather than to lower- permits (Auction 99). The Public Notice made? What are the benefits and queued projects (later in time)? How do summarized here is intended to drawbacks of such an approach? MISO, SPP, and PJM determine whether familiarize applicants with the 2. If study results from affected affected system interconnection procedures and other requirements for systems are significantly delayed, and customers or host system participation in the auction. the interconnection customer is required to proceed in the process interconnection customers are DATES: A sufficient upfront payment without affected system study results, responsible for the cost of a specific and a complete and accurate FCC should the customer still be responsible network upgrade? Please list the tariff, Remittance Advice Form (FCC Form for the full cost of an affected system JOA, or BPM provisions that may govern 159) must be submitted before 6:00 p.m. upgrade? Should there be a time after this process. Eastern Time (ET) on April 19, 2018. which the affected system has ‘‘lost its 8. With respect to MISO, SPP, and Bidding in Auction 99 is scheduled to chance’’ to have the interconnection PJM specifically, should they be start on May 15, 2018. customer be responsible for the network required to develop a unified approach FOR FURTHER INFORMATION CONTACT: For upgrade? If so, how would the affected to determine queue priority in affected auction legal questions, Lynne Milne in system then address the need for the systems analysis to determine cost the Wireless Telecommunications network upgrade? responsibility for network upgrade Bureau’s Auctions and Spectrum Access 3. How should costs be allocated costs? Division at (202) 418–0660. For auction among affected system and host system process and procedures, the FCC 9. Please describe whether Auction Hotline at (717) 338–2868. For interconnection customers in instances interconnection customers that fund where a major network upgrade on a FM translator service questions, James network upgrades on an affected system Bradshaw, Lisa Scanlan or Tom transmission provider’s system is only and pursuant to an affected system identified through an affected system Nessinger in the Media Bureau’s Audio study receive transmission credits, Division at (202) 418–2700. To request study and not identified in the host transmission rights, or any other system studies? Should host system materials in accessible formats (Braille, consideration for funding those network large print, electronic files, or audio interconnection customers be upgrades on the affected system. Please responsible for any portion of those format) for people with disabilities, provide any tariff or other provisions network upgrade costs? Should an send an email to [email protected] or call that govern this issue. interconnection customer needing such the Consumer and Governmental Affairs an affected system upgrade have the 10. Please describe whether Bureau at (202) 418–0530 or (202) 418– ability to challenge the assignment of interconnection customers that fund 0432 (TTY). network upgrade costs? Please also network upgrades on an affected system SUPPLEMENTARY INFORMATION: This is a discuss this issue specifically in the and pursuant to an affected system summary of Auction of Cross-Service context of the Cooper South constraint study in MISO, SPP, or PJM receive FM Translator Construction Permits in SPP. transmission credits, transmission Scheduled for May 15, 2018; Notice and 4. Should the host system and rights, or any other consideration for Filing Requirements, Minimum Opening affected system be required to conduct funding those network upgrades on the Bids, Upfront Payments, and Other a ‘‘least-cost alternative’’ analysis for affected system. Please provide any Procedures for Auction 99, (Auction 99 identified affected system upgrades? If tariff, JOA, BPM or other provisions that Procedures Public Notice) released on so, please explain how that will govern this issue. Does any disparity in March 23, 2018. The complete text of improve the issues with affected approaches between MISO, SPP, and the Auction 99 Procedures Public systems. PJM impact the interconnection Notice, including attachments and any

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related document, is available for public A. Once mutually exclusive 7. Applicants are hereby placed on inspection and copying from 8:00 a.m. applications are accepted and thus notice that public disclosure of to 4:30 p.m. ET Monday through mutual exclusivity exists for auction information relating to bids, bidding Thursday or from 8:00 a.m. to 11:30 a.m. purposes, an applicant for a particular strategies, or to post-auction market ET on Fridays in the FCC Reference construction permit cannot obtain it structures may violate 47 CFR 1.2105(c). Information Center, 445 12th Street SW, without placing a bid, even if no other In accordance with 47 CFR 73.5002(e), Room CY–A257, Washington, DC 20554. applicant for that construction permit the Bureaus suspended for Auction 99 The Auction 99 Procedures Public becomes qualified to bid or in fact application of the prohibitions of 47 Notice and related documents also are places a bid. CFR 1.2105(c) and 73.5002(d) during a available on the internet at the specified period for the limited purpose C. Rules and Disclaimers Commission’s website: http:// of allowing settlement discussions. wireless.fcc.gov/auctions/99, or by using 1. Relevant Authority Discussion of information covered by these rules outside of the settlement the search function for AU Docket No. 4. Auction 99 applicants must period would violate the rules. 17–143 on the Commission’s Electronic familiarize themselves thoroughly with Comment Filing System (ECFS) web the Commission’s general competitive a. Entities Subject to Section 1.2105 page at http://www.fcc.gov/cgb/ecfs. bidding rules, including Commission 8. An applicant for purposes of this I. General Information decisions in proceedings regarding rule includes the officers and directors competitive bidding procedures (47 CFR A. Background of the applicant, all controlling interests part 1, subpart Q), application in the entity submitting the FCC Form 1. On June 1, 2017, the Wireless requirements, and obligations of 175, as well as all holders of interests Telecommunications and Media Commission licensees. Broadcasters amounting to 10 percent or more of that Bureaus announced an auction filing should also familiarize themselves with entity. A party that submits an window for AM broadcasters seeking the Commission’s cross-service FM application becomes an applicant under new cross-service FM translator station translator service and competitive the rule at the application deadline and construction permits. Each applicant bidding requirements contained in 47 that status does not change based on listed in Attachment A of the Auction CFR parts 73 and 74, as well as subsequent developments. Thus, an 99 Procedures Public Notice previously Commission orders concerning Auction 99 applicant that does not filed a short-form application (FCC competitive bidding for broadcast correct deficiencies in its application, Form 175) during the initial filing construction permits. Applicants must fails to submit a timely and sufficient window announced in the Auction 99 also be thoroughly familiar with the upfront payment, or does not otherwise Filing Instructions Public Notice, a procedures, terms and conditions become qualified, remains an applicant summary of which was published at 82 contained in the Auction 99 Procedures for purposes of 47 CFR 1.2105(c) and FR 33825 (July 21, 2017). Applicants Public Notice and any future public remains subject to the prohibition on were previously given the opportunity notices that may be released in this certain communications until the to eliminate their mutual exclusivity proceeding. applicable down payment deadline. with other applicants’ engineering 5. The terms contained in the proposals by settlement or technical Commission’s rules, relevant orders, b. Scope of Prohibition on modification to their proposals. and public notices are not negotiable. Communications; Prohibition on Joint The Commission may amend or Bidding Agreements B. Construction Permits and Entities supplement the information contained 9. The Commission in 2015 amended Eligible to Participate in Auction 99 in their public notices at any time, and 47 CFR 1.2105(c) to extend the 2. Auction 99 will resolve mutually will issue public notices to convey any prohibition on communications to cover exclusive engineering proposals for up new or supplemental information to all applicants for an auction regardless to 12 new cross-service FM translator applicants. It is the responsibility of of whether the applicants seek permits stations. A list of the locations and each applicant to remain current with or licenses in the same geographic area channels of these proposed stations is all Commission rules and with all or market. Therefore, the Commission included as Attachment A. Attachment public notices pertaining to Auction 99. now prohibits a joint bidding A also sets forth the names of applicants arrangement, including an arrangement in each MX group, along with a 2. Prohibited Communications and relating to the permits or licenses being minimum opening bid and an upfront Compliance with Antitrust Laws auctioned that address or communicate, payment amount for each construction 6. Starting at the deadline for filing a directly or indirectly, bids, bidding, permit in Auction 99. Form 175 on August 2, 2017, the rules bidding strategies, including any 3. An applicant listed in Attachment prohibiting certain communications set arrangement regarding price or the A may become qualified to bid only if forth in 47 CFR 1.2105(c) and specific permits or licenses on which to it meets the additional filing, 73.5002(d), (e) apply to each applicant bid, and any such arrangement relating qualification, payment and other that filed a Form 175 in Auction 99. to the post-auction market structure. applicable rules, policies and Subject to specified exceptions, 47 CFR The revised rule provides limited procedures as described in the Auction 1.2105(c)(1) provides that all applicants exceptions for a communication within 99 Procedures Public Notice. Each are prohibited from cooperating or the scope of any arrangement consistent applicant may become a qualified collaborating with respect to, with the exclusions from the bidder only for those construction communicating with or disclosing, to Commission’s rule prohibiting joint permits specified for that applicant in each other in any manner the substance bidding, provided such arrangement is Attachment A. Each of the engineering of their own, or each other’s, or any disclosed on the applicant’s auction proposals within each MX group are other applicants’ bids or bidding application. An applicant may continue directly mutually exclusive with one strategies (including post-auction to communicate pursuant to any pre- another; therefore, no more than one market structure), or discussing or existing agreement, arrangement, or construction permit will be awarded for negotiating settlement agreements, until understanding that is solely operational each MX group identified in Attachment after the down payment deadline. or that provides for a transfer or

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assignment of licenses, provided that e. Procedures for Reporting Prohibited understanding, or other arrangement such agreement, arrangement or Communications entered into relating to the competitive understanding do not involve the A party must file only a single report bidding process, including any communication or coordination of bids concerning a prohibited communication agreement relating to the post-auction (including amounts), bidding strategies, and to file that report with Commission market structure. Failure to comply with or the particular licenses on which to personnel expressly charged with the Commission’s rules can result in bid and provided that such agreement, administering the Commission’s enforcement action. arrangement or understanding is auctions. Any report required by 47 CFR g. Antitrust Laws disclosed on its application. 1.2105(c) must be filed consistent with 17. Regardless of compliance with the 10. The Bureaus sought comment in the instructions set forth in the Auction Commission’s rules, applicants remain the Auction 99 Comment Public Notice 99 Procedures Public Notice. For subject to the antitrust laws. on whether it would be appropriate to Auction 99, such reports must be filed Compliance with the disclosure waive or modify the application of 47 with the Chief of the Auctions and requirements of 47 CFR 1.2105(c) will CFR 1.2105 provisions, such as the Spectrum Access Division, Wireless not insulate a party from enforcement of Telecommunications Bureau, by the prohibition against certain the antitrust laws. For instance, a most expeditious means available. Any communications or the prohibition violation of the antitrust laws could such report should be submitted by against joint bidding arrangements, so arise out of actions taking place well email to Margaret W. Wiener at the before any party submitted a Form 175. that Auction 99 applicants with following email address: auction99@ overlapping controlling interests relying 18. To the extent the Commission fcc.gov. If you choose instead to submit becomes aware of specific allegations on the waiver of 47 CFR 1.2105(a)(3) a report in hard copy, any such report that suggest that violations of the federal will not thereby violate such other must be delivered only to: Margaret W. antitrust laws may have occurred, the provisions. A summary of this public Wiener, Chief, Auctions and Spectrum Commission may refer such allegations notice was published at 83 FR 6141 Access Division, Wireless to the U.S. Department of Justice for (Feb. 13, 2018). The Bureaus received Telecommunications Bureau, Federal investigation. If an applicant is found to no comment on this issue. Accordingly, Communications Commission, 445 12th have violated the antitrust laws or the no commenter has suggested that there Street SW, Room 6C217, Washington, Commission’s rules in connection with is a need for a waiver to accommodate DC 20554. its participation in the competitive any commonly-controlled Auction 99 14. bidding process, it may be subject to applicants that filed separate Forms 175 15. This rule is designed to minimize forfeiture of its upfront payment, down pursuant to the Bureaus’ previously- the risk of inadvertent dissemination of payment, or full bid amount and may be granted waiver of 47 CFR 1.2105(a)(3). information in such reports. A party prohibited from participating in future Therefore, for Auction 99 the Bureaus reporting any communication pursuant auctions, among other sanctions. to 47 CFR 1.65, 1.2105(a)(2), or have no basis for further waiving or 3. Due Diligence modifying the application of 47 CFR 1.2105(c)(4) must take care to ensure 1.2105 provisions. that any report of a prohibited 19. The Bureaus remind each communication does not itself give rise potential bidder that it is solely c. Section 1.2105(c) Certification to a violation of 47 CFR 1.2105(c). For responsible for investigating and example, a party’s report of a prohibited evaluating all technical and marketplace 11. By electronically submitting its communication could violate the rule factors that may have a bearing on the Form 175, each applicant in Auction 99 by communicating prohibited value of the construction permits for certified its compliance with 47 CFR information to other applicants through cross-service FM translators that it is 1.2105(c) and 73.5002(d). However, the the use of Commission filing procedures seeking in Auction 99. The FCC makes mere filing of a certifying statement as that would allow such materials to be no representations or warranties about part of an application will not outweigh made available for public inspection, the use of this spectrum or these specific evidence that a prohibited such as, a submission to the construction permits for particular communication has occurred, nor will it Commission’s Office of the Secretary or services. Applicants should be aware preclude the initiation of an ECFS. A party seeking to report such a that an FCC auction represents an investigation when warranted. Any prohibited communication should opportunity to become an FCC applicant found to have violated these consider submitting its report with a permittee in a broadcast service, subject communication prohibitions may be request that the report or portions of the to certain conditions and regulations. subject to sanctions. submission be withheld from public An FCC auction does not constitute an inspection by following the procedures endorsement by the FCC of any d. Reporting Requirements specified in 47 CFR 0.459. Such parties particular service, technology, or 12. Any applicant that makes or also are encouraged to coordinate with product, nor does an FCC construction permit or license constitute a guarantee receives a communication that appears the Auctions and Spectrum Access Division staff about the procedures for of business success. to violate 47 CFR 1.2105(c) must report submitting such reports. 20. An applicant should perform its such communication in writing to the due diligence research and analysis Commission immediately, and in no f. Winning Bidders Must Disclose Terms before proceeding, as it would with any case later than five business days after of Agreements new business venture. In particular, the the communication occurs. Each 16. Each applicant that is a winning Bureaus strongly encourage each applicant’s obligation under 47 CFR bidder will be required to disclose in its potential bidder to perform technical 1.2105(c)(4) to report any such long-form application the specific terms, analyses and/or refresh its previous communication continues beyond the conditions, and parties involved in any analyses to assure itself that, should it five-day period after the communication agreement it has entered into. This become a winning bidder for any is made, even if the report is not made applies to any bidding consortia, joint Auction 99 construction permit, it will within the five-day period. venture, partnership, or agreement, be able to build and operate facilities

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that will fully comply with all 4. Use of Auction Systems attribution of new interest holders that applicable technical and legal 24. The Commission makes no affect the applicant’s qualifications for a requirements. The Bureaus strongly warranty whatsoever with respect to the new entrant bidding credit, such encourage each applicant to inspect any FCC auction systems. In no event shall information must be clearly stated in the prospective transmitter sites located in, the Commission, or any of its officers, application amendment. Events or near, the service area for which it employees, or agents, be liable for any occurring after the initial application plans to bid, confirm the availability of damages whatsoever (including, but not filing deadline, such as the acquisition of attributable interests in media of mass such sites, and to familiarize itself with limited to, loss of business profits, communications, may cause a loss of or the Commission’s rules regarding the business interruption, loss of business reduction in the percentage of bidding National Environmental Policy Act, 47 information, or any other loss) arising credit specified in the application and CFR part 1, subpart I. out of or relating to the existence, must be reported immediately, and no furnishing, functioning, or use of the 21. The Bureaus strongly encourage later than five business days after the FCC auction systems that are accessible each applicant to continue to conduct change occurs. its own research throughout Auction 99 to qualified bidders in connection with in order to determine the existence of Auction 99. Moreover, no obligation or B. Submission of Updates to Forms 175 pending or future administrative or liability will arise out of the 29. Updates to Forms 175 should be judicial proceedings that might affect its Commission’s technical, programming, made electronically using the FCC decision on continued participation in or other advice or service provided in auction application system whenever Auction 99. Each Auction 99 applicant connection with the FCC auction possible. For the change to be submitted is responsible for assessing the systems. and considered by the Commission, be likelihood of the various possible D. Auction Specifics sure to click on the SUBMIT button. outcomes and for considering the 30. An applicant should not use the potential impact on construction 1. Bidding Methodology and Options auction application system outside of permits available in Auction 99. These 25. The Commission will conduct the initial and resubmission filing due diligence considerations do not Auction 99 over the internet using the windows to make changes to its Form comprise an exhaustive list of steps that FCC auction bidding system. Qualified 175 for other than administrative should be undertaken prior to bidders are permitted to bid changes (e.g., changing contact participating in Auction 99. As always, electronically via the internet or by information or the name of an the burden is on the potential bidder to telephone using the telephonic bidding authorized bidder). After the filing determine how much research to option. All telephone calls are recorded. window has closed, the system will not undertake, depending upon specific 26. The initial schedule for bidding permit applicants to modify information facts and circumstances related to its rounds will be announced by public in most of the application’s data fields. interests. notice at least one week before bidding 31. If changes need to be made outside of the initial and resubmission 22. Applicants are solely responsible in the auction starts. Moreover, unless filing windows, for other than the minor for identifying associated risks and for otherwise announced, bidding on all administrative changes as described, the investigating and evaluating the degree construction permits will be conducted applicant must submit a letter briefly to which such matters may affect their on each business day until bidding has summarizing the changes and ability to bid on, otherwise acquire, or stopped on all construction permits. subsequently update its Form 175 in the make use of the construction permits 2. Pre-Auction Dates and Deadlines auction application system once it is available in Auction 99. Each potential available. Any letter describing changes bidder is responsible for undertaking 27. The following dates and deadlines to an applicant’s Form 175 must be research to ensure that any permits won apply: addressed to Margaret W. Wiener, Chief, in Auction 99 will be suitable for its Upfront Payments (via wire transfer) Auctions and Spectrum Access business plans and needs. Each April 19, 2018; 6:00 p.m. ET Division, Wireless Telecommunications potential bidder must undertake its own Auction Tutorial Available (via internet) Bureau, and submitted by email to assessment of the relevance and May 4, 2018 [email protected]. The email importance of information gathered as Mock Auction May 11, 2018 summarizing the changes must include part of its due diligence efforts. Auction Begins May 15, 2018 a subject or caption referring to Auction 23. The Commission makes no II. Short-Form Application (FCC Form 99 and the name of the applicant, for representations or guarantees regarding 175) Requirements example, ‘‘Re: Changes to Auction 99 the accuracy or completeness of Short-Form Application of ABC Corp.’’ A. Maintaining Current Information in information in its databases or any third The Bureaus request that parties format Forms 175 party databases, including, for example, any attachments to email as Adobe® court docketing systems. To the extent 28. The Bureaus remind each Auction Acrobat® (pdf) or Microsoft® Word the Commission’s databases may not 99 applicant of its duty pursuant to 47 documents. Questions about Form 175 include all information deemed CFR 1.65 and 1.2105(b) to maintain the amendments should be directed to the necessary or desirable by an applicant, accuracy and completeness of all Auctions and Spectrum Access Division it must obtain or verify such information furnished in its pending at (202) 418–0660. information from independent sources application and in competitive bidding 32. Applicants must not submit or assume the risk of any proceedings to furnish additional or application-specific material through incompleteness or inaccuracy in said corrected information to the the Commission’s Electronic Comment databases. Furthermore, the Commission within five days of a Filing System, which was used for Commission makes no representations significant occurrence, or to amend a submitting comments regarding or guarantees regarding the accuracy or Form 175 no more than five days after procedures for conducting Auction 99. completeness of information that has the applicant becomes aware of the need 33. Applicants should note that been provided by incumbent licensees for the amendment. For example, if submission of a Form 175 (and any and incorporated into its databases. ownership changes result in the amendments thereto) constitutes a

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representation by the person certifying license or has been delinquent on any Telecommunications Bureau’s Auctions the application that he or she is an non-tax debt owed to any Federal and Spectrum Access Division staff if authorized representative of the agency, but has since remedied all such they have any questions about default applicant with authority to bind the defaults and cured all of the outstanding and delinquency disclosure applicant, that he or she has read the non-tax delinquencies prior to the Form requirements. form’s instructions and certifications, 175 filing deadline in Auction 99. Each 39. The Commission considers and that the contents of the application, applicant was required to certify under outstanding debts owed to the U.S. its certifications, and any attachments penalty of perjury whether it, along with Government, in any amount, to be a are true and correct. Applicants are any of its controlling interests (as serious matter. The Commission reminded that submission of a false defined in 47 CFR 1.2105(a)(4)(i)), has adopted rules that implement its certification to the Commission is a ever been in default on any payment for obligations under the Debt Collection serious matter that may result in severe a Commission construction permit or Improvement Act of 1996, including a penalties, including monetary license (including a down payment) or forfeitures, license revocations, has ever been delinquent on any non-tax provision referred to as the red light exclusion from participation in future debt owed to any Federal agency. If an rule. The Commission’s adoption of the auctions, and/or criminal prosecution. applicant or any controlling interest is red light rule, however, does not alter a former defaulter or former delinquent the applicability of any of its C. Provisions Regarding Former and the applicant may participate further in competitive bidding rules, including the Current Defaulters Auction 99 so long as it is otherwise provisions and certifications of 47 CFR 34. Current defaulters or delinquents qualified, and that applicant makes an 1.2105 and 1.2106, with regard to are not eligible to participate in Auction upfront payment that is 50 percent more current and former defaults or 99, but former defaulter or delinquents than would otherwise be required. delinquencies. can participate so long as they are 37. In 2015, the Commission 40. The Bureaus remind each otherwise qualified and make upfront narrowed the scope of the individuals applicant, however, that the payments that are 50 percent more than and entities to be considered a former Commission’s Red Light Display would otherwise be necessary. An defaulter or a former delinquent. For System, which provides information applicant is considered a current purposes of the certification under 47 regarding debts currently owed to the defaulter or a current delinquent when CFR 1.2105(a)(2)(xii), the applicant may Commission, may not be determinative it, any of its affiliates (as defined in 47 exclude from consideration any cured of an auction applicant’s ability to CFR 1.2110), any of its controlling default on a Commission construction comply with the default and interests (as defined in 47 CFR permit or license or cured delinquency delinquency disclosure requirements of 1.2105(a)(4)(i), or any of the affiliates of on a non-tax debt owed to a Federal 47 CFR 1.2105. Thus, while the red light its controlling interests, is in default on agency for which any of the following rule ultimately may prevent the any payment for any Commission criteria are met: (1) the notice of the processing of long-form applications by construction permit or license final payment deadline or delinquency auction winners, an auction applicant’s (including a down payment) or is was received more than seven years lack of current red light status is not delinquent on any non-tax debt owed to before the Form 175 filing deadline; (2) necessarily determinative of its any Federal agency as of the filing the default or delinquency amounted to eligibility to participate in an auction deadline for FCC Forms 175 in that less than $100,000; (3) the default or (or of its upfront payment obligation). auction. delinquency was paid within six 35. Thus, an Auction 99 applicant months after receiving the notice of the 41. Moreover, applicants in Auction was required to certify under penalty of final payment deadline or delinquency; 99 should note that any long-form perjury that, as of the initial application or (4) the default or delinquency was the applications filed after the close of filing deadline on August 2, 2017, it, its subject of a legal or arbitration bidding will be reviewed for compliance affiliates, any of its controlling interests, proceeding and was cured upon with the Commission’s red light rule, and any of the affiliates of its controlling resolution of the proceeding. and such review may result in the interests, as defined by 47 CFR 1.2110, 38. Applicants are encouraged to dismissal of a winning bidder’s long- were not in default on any payment for review previous guidance provided by form application. The Bureaus strongly a Commission construction permit or the Wireless Telecommunications encourage each applicant to carefully license (including a down payment) and Bureau on default and delinquency review all records and other available not delinquent on any non-tax debt disclosure requirements in the context federal agency databases and owed to any Federal agency. of the auction Form 175 process. For information sources to determine Accordingly, if an applicant has an example, it has been determined that, to whether the applicant, or any of its outstanding non-tax debt to the the extent that Commission rules permit affiliates, or any of its controlling Commission or any other Federal late payment of regulatory or interests, or any of the affiliates of its agency, including any debt that results application fees accompanied by late controlling interests, owes or was ever in a listing of the applicant on the fees, such debts will become delinquent delinquent in the payment of non-tax Commission’s Red Light Display for purposes of 47 CFR 1.2105(a) and debt owed to any federal agency. System, the applicant will be unable to 1.2106(a) only after the expiration of a make the required certification that it is final payment deadline. Therefore, with III. Pre-Auction Procedures not currently in default; if so, such respect to regulatory or application fees, A. Online Tutorial on Bidding Process— applicant will not be eligible to the provisions of 47 CFR 1.2105(a) and Available May 4, 2018 participate in the bidding for Auction 1.2106(a) regarding default and 99. delinquency in connection with 42. An educational auction tutorial 36. An applicant is considered a competitive bidding are limited to will be available on the Auction 99 web former defaulter or a former delinquent circumstances in which the relevant page by May 4, 2018. Once posted, this when the applicant or any of its party has not complied with a final tutorial will remain available and controlling interests has defaulted on payment deadline. Parties are also accessible anytime for reference in any Commission construction permit or encouraged to consult with the Wireless connection with this auction.

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B. Application Processing and Originating Bank Information (OBI 2. FCC Form 159 Corrections of Deficiencies Field): (Skip one space between each 50. An accurate and complete Form information item) ‘‘AUCTIONPAY’’ 43. An applicant whose application 159 must be faxed to the FCC at (202) contains deficiencies and is designated Applicant FCC Registration Number 418–2843 to accompany each upfront as incomplete will have a limited (FRN): (same as FCC Form 159, block payment. Proper completion of this opportunity to bring its application into 21) form is critical to ensuring correct compliance with the Commission’s Payment Type Code: (same as FCC Form crediting of upfront payments. Detailed competitive rules during a resubmission 159, block 24A: ‘‘U099’’) instructions for completion of Form 159 window, the dates for which will be FCC Code 1: (same as FCC Form 159, are included in Attachment B of the announced in a future public notice. block 28A: ‘‘99’’) Auction 99 Procedures Public Notice. 44. Commission staff will An electronic pre-filled version of the Payer Name: (same as FCC Form 159, Form 159 is available after submitting communicate only with an applicant’s block 2) contact person or certifying official, as the Form 175. Payers using the pre- designated on the Form 175, unless the Payer FCC Registration Number (FRN): filled Form 159 are responsible for applicant’s certifying official or contact (If different from applicant FRN) ensuring that all of the information on person notifies the Commission in 47. At least one hour before placing the form, including payment amounts, writing that applicant’s counsel or other the order for the wire transfer (but on is accurate. representative is authorized to speak on the same business day), applicants must 3. Upfront Payments and Bidding its behalf. Authorizations may be sent fax a completed FCC Remittance Advice Eligibility by email to [email protected]. Form, FCC Form 159 (Revised 2/03) to 51. Applicants must make upfront the FCC at (202) 418–2843. On the fax C. Upfront Payments—Due April 19, payments sufficient to obtain bidding cover sheet, write ‘‘Wire Transfer— 2018 eligibility on the construction permits Auction Payment for Auction 99.’’ In on which they will bid. The amount of 45. In order to become eligible to bid order to meet the upfront payment the upfront payment determines a in Auction 99, a sufficient upfront deadline, an applicant’s payment must bidder’s initial bidding eligibility, the payment and a complete and accurate be credited to the Commission’s account maximum number of bidding units on FCC Remittance Advice Form (FCC for Auction 99 before the deadline. Form 159) must be submitted before which a bidder may place bids in any 48. Each applicant is responsible for single round. In order to bid on a 6:00 p.m. ET on April 19, 2018, ensuring timely submission of its following the procedures outlined particular construction permit, upfront payment and for timely filing of otherwise qualified bidders that are below and the instructions in an accurate and complete Form 159. An Attachment B to the Auction 99 designated in Attachment A of the applicant should coordinate with its Auction 99 Procedures Public Notice for Procedures Public Notice. After financial institution well ahead of the completing its Form 175, an applicant that construction permit must have a due date regarding its wire transfer and current eligibility level that meets or will have access to an electronic version allow sufficient time for the transfer to of the FCC Form 159. This Form 159 can exceeds the number of bidding units be initiated and completed prior to the assigned to that construction permit. At be printed and the completed form must deadline. It is important that auction be sent by fax to FCC at (202) 418–2843. a minimum, therefore, an applicant’s participants plan ahead to prepare for total upfront payment must be enough 1. Making Upfront Payments by Wire unforeseen last-minute difficulties in to establish eligibility to bid on at least Transfer making payments by wire transfer. Each one of the construction permits applicant also is responsible for designated for that applicant in 46. Wire transfer payments must be obtaining confirmation from its received before 6:00 p.m. ET on April Attachment A of the Auction 99 financial institution that its wire Procedures Public Notice, or else the 19, 2018. No other payment method is transfer to U.S. Bank was successful and acceptable. Specifically, the applicant will not be eligible to from Commission staff that its upfront participate in the auction. An applicant Commission will not accept checks, payment was timely received and that it credit cards, or automated clearing does not have to make an upfront was deposited into the proper account. payment to cover all construction house (ACH) payments. To avoid To receive confirmation from untimely payments, applicants should permits designated for that applicant in Commission staff, contact Gail Glasser Attachment A, but only enough to cover discuss arrangements (including bank of the Office of Managing Director’s closing schedules) with their bankers the maximum number of bidding units Revenue & Receivables Operations that are associated with construction several days before they plan to make Group/Auctions at (202) 418–0578, or the wire transfer, and allow sufficient permits on which they wish to place alternatively, Theresa Meeks at (202) bids and hold provisionally winning time for the transfer to be initiated and 418–2945. completed before the deadline. The BNF bids in any given round. (A Account Number is specific to the 49. All upfront payments must be provisionally winning bid is a bid that upfront payments for Auction 99. Do made in U.S. dollars. All upfront would become a final winning bid if the not use a BNF Account Number from a payments must be made by wire auction were to close after the given previous auction. transfer. Upfront payments for Auction round.) The total upfront payment does 99 go to an account number different not affect the total dollar amount the The following information will be from the accounts used in previous bidder may bid on any given needed: auctions. Failure to deliver a sufficient construction permit. The specific ABA Routing Number: 081000210 upfront payment as instructed in the upfront payment amount and bidding Receiving Bank: U.S. Bank, 1005 Auction 99 Procedures Public Notice by units for each construction permit are Convention Plaza, St. Louis, MO the deadline on April 19, 2018 will set forth in Attachment A. 63101 result in dismissal of the Form 175 and 52. In calculating its upfront payment Beneficiary: FCC/Account # disqualification from participation in amount, an applicant should determine 152321044637 Auction 99. the maximum number of bidding units

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on which it may wish to be active (bid 56. All qualified bidders are F. Mock Auction—May 11, 2018 on or hold provisionally winning bids automatically registered for the auction. 60. All qualified bidders will be on) in any single round, and submit an Registration materials will be eligible to participate in a mock auction upfront payment amount covering that distributed prior to the auction by on May 11, 2018. The mock auction will number of bidding units. In order to overnight mail. The mailing will be sent enable bidders to become familiar with make this calculation, an applicant only to the contact person at the contact the FCC auction bidding system prior to should add together the bidding units address listed in the FCC Form 175 and the auction. The Bureaus strongly for all construction permits on which it will include the SecurID® tokens that recommend that all bidders participate seeks to be active in any given round. will be required to place bids, the web in the mock auction. Details will be Applicants should check their address and instructions for accessing announced by public notice. calculations carefully, as there is no and logging in to the auction bidding IV. Auction provision for increasing a bidder’s system, an FCC assigned username eligibility after the upfront payment (User ID) for each authorized bidder, 61. The first round of bidding for deadline. A qualified bidder’s maximum and the Auction Bidder Line phone Auction 99 will begin on May 15, 2018. eligibility will not exceed the sum of the number. The al bidding schedule will be bidding units associated with the total announced in a public notice listing the 57. Qualified bidders that do not number of construction permits qualified bidders, which is released at identified for that applicant in receive this registration mailing will not least one week before the start of Attachment A. be able to submit bids. Therefore, if this bidding in Auction 99. 53. Applicants that are former mailing is not received by noon on defaulters must pay upfront payments Wednesday, May 9, 2018, the contact, A. Auction Structure 50 percent greater than non-former certifier or authorized bidder listed on 1. Simultaneous Multiple Round defaulters. For this classification as a that applicant’s Form 175 must call the Auction former defaulter or a former delinquent, Auctions Hotline at (717) 338–2868. defaults and delinquencies of the Receipt of this registration mailing is 62. The Commission’s standard applicant itself and its controlling critical to participating in the auction, simultaneous multiple-round auction format will be used for Auction 99. This interests are included. For this purpose, and each applicant is responsible for type of auction offers every construction the term controlling interest is defined ensuring it has received all of the permit for bid at the same time and in 47 CFR 1.2105(a)(4)(i). registration material. consists of successive bidding rounds in 54. If an applicant is a former ® defaulter, it must calculate its upfront 58. In the event that SecurID tokens which qualified bidders may place bids payment for all of its identified are lost or damaged, only a person who on individual construction permits. construction permits by multiplying the has been designated as an authorized Unless otherwise announced, bids will number of bidding units on which it bidder, contact, or certifying official on be accepted on all construction permits wishes to be active by 1.5. In order to the applicant’s Form 175 may request in each round of the auction until calculate the number of bidding units to replacements. To request replacement of bidding stops on every construction assign to former defaulters, the these items, call Technical Support at permit. (877) 480–3201, option nine; (202) 414– Commission will divide the upfront 2. Eligibility and Activity Rules payment received by 1.5 and round the 1250; or (202) 414–1255 (TTY). result up to the nearest bidding unit. If 63. The Bureaus will use upfront E. Remote Electronic Bidding a former defaulter fails to submit a payments to determine initial (maximum) bidding eligibility (as sufficient upfront payment to establish 59. The Commission will conduct measured in bidding units) for Auction eligibility to bid on at least one of the Auction 99 over the internet, and 99. The amount of the upfront payment construction permits designated for that telephonic bidding will be available as submitted by a bidder determines initial applicant in Attachment A, the well. Only qualified bidders are bidding eligibility, the maximum applicant will not be eligible to permitted to bid. Each applicant should participate further in the auction. This number of bidding units on which a indicate its bidding preference, bidder may be active. Each construction applicant will retain its status as an electronic or telephonic, on its FCC applicant in Auction 99 and will remain permit is assigned a specific number of Form 175. In either case, each bidding units as listed in Attachment A subject to 47 CFR 1.2105(c) and authorized bidder must have its own 73.5002(d). ® of the Auction 99 Procedures Public SecurID token, which the Commission Notice. Bidding units assigned to each D. Auction Registration will provide at no charge. Each construction permit do not change as applicant with one authorized bidder 55. At least one week before the ® prices rise during the auction. Upfront beginning of bidding in the auction, the will be issued two SecurID tokens, payments are not attributed to specific Bureaus will issue a public notice while applicants with two or three construction permits. Rather, a bidder announcing all qualified bidders for authorized bidders will be issued three may place bids on any of the Auction 99. A qualified bidder is an tokens. For security purposes, the construction permits for which it is ® applicant listed in Attachment A with a SecurID tokens, bidding system web designated an applicant in Attachment submitted Form 175 that is found to be address, FCC assigned username, and A as long as the total number of bidding timely filed, accurate, and substantially the telephonic bidding telephone units associated with those construction complies with the Commission’s number are only mailed to the contact permits does not exceed its current applicable rules and all provisions, person at the contact address listed on eligibility. Eligibility cannot be including procedures and deadlines, set the FCC Form 175. Each SecurID® token increased during the auction; it can only forth in the Auction 99 Procedures is tailored to a specific auction. remain the same or decrease. Thus, in Public Notice, provided that such SecurID® tokens issued for other calculating its upfront payment amount applicant has timely submitted an auctions or obtained from a source other and therefore its initial bidding upfront payment that is sufficient to than the FCC will not work for Auction eligibility, an applicant must determine qualify that applicant to bid. 99. the maximum number of bidding units

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on which it may wish to bid or hold 68. The FCC auction bidding system first round in which no bidder applies provisionally winning bids in any single will assume that a bidder that does not a waiver or places any new bid on a round, and submit an upfront payment meet the activity requirement would construction permit for which it is not amount covering that total number of prefer to use an activity rule waiver (if the provisionally winning bidder. Thus, bidding units. At a minimum, an available) rather than lose bidding absent any other bidding activity, a applicant’s upfront payment must cover eligibility. Therefore, the system will bidder placing a new bid on a the bidding units for at least one of the automatically apply a waiver at the end construction permit for which it is the construction permits for which it is of any bidding round in which a provisionally winning bidder would not designated an applicant in Attachment bidder’s activity level is below the keep the auction open under this A. The total upfront payment does not minimum required unless (1) the bidder modified stopping rule. (2) The auction affect the total dollar amount a bidder has no activity rule waivers remaining would close for all construction permits may bid on any given construction or (2) the bidder overrides the automatic after the first round in which no bidder permit. application of a waiver by reducing applies a proactive waiver or places any 64. In order to ensure that an auction eligibility, thereby meeting the activity new bid on a construction permit that closes within a reasonable period of requirement. If a bidder has no waivers already has a provisionally winning bid. time, an activity rule requires bidders to remaining and does not satisfy the Thus, absent any other bidding activity, bid actively throughout the auction, required activity level, the bidder’s a bidder placing a new bid on an FCC- rather than wait until late in the auction current eligibility will be permanently held construction permit (a construction before participating. Bidders are reduced, possibly curtailing or permit that does not have a required to be active on a specific eliminating the ability to place provisionally winning bid) would not percentage of their current bidding additional bids in the auction. keep the auction open under this eligibility during each round of the 69. A bidder with insufficient activity modified stopping rule. (3) The auction auction. may wish to reduce its bidding would close using a modified version of eligibility rather than use an activity 65. A bidder’s activity level in a the simultaneous stopping rule that rule waiver. If so, the bidder must round is the sum of the bidding units combines options (1) and (2). (4) The affirmatively override the automatic associated with construction permits auction would close after a specified waiver mechanism during the bidding covered by the bidder’s new bids in the number of additional rounds (special round by using the REDUCE current round and provisionally stopping rule) to be announced by the ELIGIBILITY function in the FCC winning bids from the previous round. Bureaus. If the Bureaus invoke this auction bidding system. In this case, the special stopping rule, they will accept A provisionally winning bid is a bid bidder’s eligibility would be bids in the specified final round(s), after that would become a final winning bid permanently reduced to bring it into which the auction will close. (5) The if the auction were to close after the compliance with the Auction 99 activity auction would remain open even if no given round. rule. Reducing eligibility is an bidder places any new bids or applies 66. In order to ensure that Auction 99 irreversible action; once eligibility has a waiver. In this event, the effect will be closes within a reasonable period of been reduced, a bidder cannot regain its the same as if a bidder had applied a time, a bidder is required to be active on lost bidding eligibility. waiver. The activity rule will apply as 100 percent of its current eligibility 70. Also, a bidder may apply an usual, and a bidder with insufficient during each round of the auction. That activity rule waiver proactively as a activity will either lose bidding is, a bidder must either place a bid or means to keep the auction open without eligibility or use a waiver. be a provisionally winning bidder placing a bid. If a bidder proactively 73. The Bureaus propose to exercise during each round of the auction. were to apply an activity rule waiver these options only in certain Failure to maintain the requisite activity (using the PROACTIVE WAIVER circumstances, for example, where the level will result in the use of an activity function in the FCC auction bidding auction is proceeding unusually slowly rule waiver, if any remain, or a system) during a bidding round in or quickly, there is minimal overall reduction in the bidder’s eligibility, which no bid is placed, the auction will bidding activity, or it appears likely that possibly curtailing or eliminating the remain open and the bidder’s eligibility the auction will not close within a bidder’s ability to place additional bids will be preserved. An automatic waiver reasonable period of time or will close in the auction. applied by the FCC auction bidding prematurely. Before exercising these 3. Activity Rule Waivers system in a round in which there is no options, the Bureaus are likely to new bid or a proactive waiver will not attempt to change the pace of the 67. In Auction 99, each bidder is keep the auction open. auction. For example, the Bureaus may provided with three activity rule adjust the pace of bidding by changing waivers. Bidders may use an activity 4. Auction Stopping Rule the number of bidding rounds per day rule waiver in any round during the 71. For Auction 99, the Bureaus will and/or the minimum acceptable bids. course of the auction. Use of an activity employ a simultaneous stopping rule The Bureaus retain the discretion to rule waiver preserves the bidder’s approach, which means all construction exercise any of these options with or eligibility despite its activity in the permits remain available for bidding without prior announcement during the current round being below the required until bidding stops on every auction. minimum activity level. An activity rule construction permit. Specifically, waiver applies to an entire round of bidding will close on all construction 5. Auction Delay, Suspension, or bidding, not to a particular construction permits after the first round in which no Cancellation permit. Activity rule waivers can be bidder submits any new bid or applies 74. By public notice and/or by either proactive or automatic. Activity a proactive waiver. announcement through the FCC auction rule waivers are principally a 72. The Bureaus also sought comment bidding system, the Bureaus may delay, mechanism for a bidder to avoid the loss on alternative versions of the suspend, or cancel bidding in the of bidding eligibility in the event that simultaneous stopping procedure for auction in the event of natural disaster, exigent circumstances prevent it from Auction 99. (1) The auction would close technical obstacle, administrative or bidding in a particular round. for all construction permits after the weather necessity, evidence of an

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auction security breach or unlawful construction permit, the Bureaus will construction permit may increase bidding activity, or for any other reason begin the auction with a minimum compared with the corresponding that affects the fair and efficient conduct acceptable bid percentage of 10 percent provisionally winning bid, and (b) the of competitive bidding. In such cases, and an additional bid increment amount by which an additional bid the Bureaus, in their sole discretion, percentage of 5 percent. amount may increase compared with may elect to resume the auction starting 81. In Auction 99, the minimum the immediately preceding acceptable from the beginning of the current round acceptable bid amount for a bid amount. For example, the Bureaus or from some previous round, or cancel construction permit will be equal to its could set a $1,000 limit on increases in the auction in its entirety. Network minimum opening bid amount until minimum acceptable bid amounts over interruption may cause the Bureaus to there is a provisionally winning bid for provisionally winning bids. Thus, if delay or suspend the auction. The the construction permit. After there is a calculating a minimum acceptable bid Bureaus emphasize that they will provisionally winning bid for a using the minimum acceptable bid exercise this authority solely at their construction permit, the minimum percentage results in a minimum discretion, and not as a substitute for acceptable bid amount will be acceptable bid amount that is $1,200 situations in which bidders may wish to calculated by multiplying the higher than the provisionally winning apply their activity rule waivers. provisionally winning bid amount by bid on a construction permit, the one plus the minimum acceptable bid B. Bidding Procedures minimum acceptable bid amount would percentage—i.e., provisionally winning instead be capped at $1,000 above the 1. Round Structure bid amount * 1.10, rounded using the provisionally winning bid. If the 75. The initial schedule of bidding Commission’s standard rounding Bureaus exercise this discretion to procedures for auctions as described in rounds will be announced in the public change bid amounts, they will alert the Auction 99 Procedures Public notice listing the qualified bidders, bidders by announcement in the FCC which is released at least one week Notice. 82. In Auction 99, the FCC auction auction bidding system during the before the start of bidding in the bidding system will calculate the eight auction. auction. Each bidding round is followed additional bid amounts by multiplying by the release of round results. Multiple 4. Provisionally Winning Bids the minimum acceptable bid amount by bidding rounds may be conducted each the additional bid increment percentage 84. The FCC auction bidding system day. 76. The Bureaus retain the discretion of 5 percent, and that result (rounded) at the end of each bidding round will to change the bidding schedule in order is the additional increment amount. The determine a provisionally winning bid to foster an auction pace that reasonably first additional acceptable bid amount for each construction permit based on balances speed with the bidders’ need to equals the minimum acceptable bid the highest bid amount received for that study round results and adjust their amount plus the additional increment permit. A provisionally winning bid bidding strategies. The Bureaus may amount. The second additional will remain the provisionally winning change the amount of time for the acceptable bid amount equals the bid until there is a higher bid on the bidding rounds, the amount of time minimum acceptable bid amount plus same construction permit at the close of between rounds, or the number of two times the additional increment a subsequent round. Provisionally rounds per day, depending upon amount; the third additional acceptable winning bids at the end of the auction bidding activity and other factors. bid amount is the minimum acceptable become the winning bids. bid amount plus three times the 85. The FCC auction bidding system 2. Reserve Price and Minimum Opening additional increment amount; etc. using a pseudo-random number Bids Because the additional bid increment generator will assign a pseudo-random 77. Normally, a reserve price is an percentage is 5 percent, the calculation number to each bid upon submission. In absolute minimum price below which a of the additional increment amount is the event of identical high bid amounts (minimum acceptable bid amount) * construction permit or license will not being submitted on a construction (0.05), rounded. The first additional be sold in a specific auction. There are permit in a given round (i.e., tied bids), acceptable bid amount equals no reserve prices for construction the tied bid with the highest random (minimum acceptable bid amount) + permits in Auction 99. number wins the tiebreaker, and (additional increment amount); the 78. A minimum opening bid is the becomes the provisionally winning bid. second additional acceptable bid minimum bid price set at the beginning The remaining bidders, as well as the amount equals (minimum acceptable of the auction below which no bids are provisionally winning bidder, can bid amount) + (2*(additional increment accepted. The Bureaus adopt the submit higher bids in subsequent amount)); the third additional specific minimum opening amount for rounds. However, if the auction were to each construction permit as listed in acceptable bid amount equals (minimum acceptable bid amount) + close with no other bids being placed, Attachment A to the Auction 99 the winning bidder would be the one Procedures Public Notice. (3*(additional increment amount)); etc. 83. The Bureaus retain the discretion that placed the provisionally winning 3. Bid Amounts to change the minimum acceptable bid bid. If the construction permit receives 79. If the bidder has sufficient amounts, the minimum acceptable bid any bids in a subsequent round, the eligibility to place a bid on a particular percentage, the additional bid increment provisionally winning bid again will be construction permit, an eligible bidder percentage, and the number of determined by the highest bid amount will be able to place a bid on a given acceptable bid amounts if the Bureaus received for the construction permit. construction permit in any of up to nine determine that circumstances so dictate. 86. A provisionally winning bid will different amounts in each round. The Further, the Bureaus retain the be retained until there is a higher bid on FCC auction bidding system interface discretion to do so on a construction the construction permit at the close of will list the nine acceptable bid permit-by-construction permit basis. a subsequent round. As a reminder, amounts for each construction permit. The Bureaus also retain the discretion to provisionally winning bids count 80. For calculation of the nine limit (a) the amount by which a toward activity for purposes of the acceptable bid amounts for each minimum acceptable bid for a activity rule.

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5. Bidding construction permit in the same round, establishing the deadlines for 87. All bidding will take place the system takes the last bid entered as submitting down payments, final remotely either through the FCC auction that bidder’s bid for the round. Bidding payments, and the long-form bidding system or by telephonic units associated with construction applications (FCC Forms 349). permits for which the bidder has bidding. There will be no on-site A. Down Payments bidding during Auction 99. Telephonic removed bids do not count towards current activity. 99. Within ten business days after bid assistants are required to use a script release of the auction closing public when entering bids placed by telephone. 6. Bid Removal and Bid Withdrawal notice, each winning bidder must Telephonic bidders are therefore 93. In the FCC auction bidding submit sufficient funds (in addition to reminded to allow sufficient time to bid system, each qualified bidder has the its upfront payment) to bring its total by placing their calls well in advance of option of removing any bids placed in amount of money on deposit with the the close of a round. The length of a call a round provided that such bids are Commission for Auction 99 to twenty to place a telephonic bid may vary; removed before the close of that bidding percent of the net amount of its winning please allow a minimum of ten minutes. round. By removing a bid within a bids (gross bids less any applicable new 88. An Auction 99 bidder’s ability to round, a bidder effectively unsubmits entrant bidding credits). bid on specific construction permits is the bid. A bidder removing a bid placed determined by two factors: (1) The B. Final Payments in the same round is not subject to construction permits designated for that withdrawal payments. Removing a bid 100. Each winning bidder will be applicant in Attachment A of the will affect a bidder’s activity because a required to submit the balance of the net Auction 99 Procedures Public Notice removed bid no longer counts toward amount for each of its winning bids and (2) the bidder’s eligibility in that a bidding activity for the round. Once a within ten business days after the bidder must have sufficient eligibility to round closes, a bidder may no longer applicable deadline for submitting place a bid on a particular construction remove a bid. down payments. permit. The bid submission screens will 94. The Bureaus received no comment allow bidders to submit bids on only C. Long-Form Applications (FCC Form on the issue of prohibiting Auction 99 349) those construction permits designated bidders from withdrawing any bid after for that applicant in Attachment A. close of the round in which that bid was 101. The Commission’s rules 89. In order to access the bidding placed. Accordingly, the Bureaus will currently provide that within thirty days function of the FCC auction bidding prohibit bid withdrawals in Auction 99. following the close of bidding and system, bidders must be logged in Bidders are cautioned to select bid notification to the winning bidders, during the bidding round using the amounts carefully because no bid unless a longer period is specified by passcode generated by the SecurID® withdrawals will be allowed, even if a public notice, winning bidders must token and a personal identification bid was mistakenly or erroneously electronically submit a properly number (PIN) created by the bidder. made. completed long-form application (FCC Bidders are strongly encouraged to print Form 349, Application for Authority to a round summary for each round after 7. Round Results Construct or Make Changes in an FM they have completed all of their activity 95. Reports reflecting bidders’ Translator or FM Booster Station) and for that round. identities for Auction 99 will be required exhibits for each construction 90. In each round, eligible bidders available before and during the auction. permit won through Auction 99. will be able to place bids on a given Thus, bidders will know in advance of Winning bidders claiming new entrant construction permit in any of up to nine Auction 99 the identities of the bidders status must include an exhibit pre-defined bid amounts. For each against which they are bidding. demonstrating their eligibility for the construction permit, the FCC auction 96. Bids placed during a round will bidding credit. As required by 47 CFR bidding system will list the acceptable not be made public until the conclusion 1.1104, a winning bidder in a bid amounts in a drop-down box. of that round. After a round closes, the commercial broadcast spectrum auction Bidders use the drop-down box to select Bureaus will compile reports of all bids must submit an application filing fee from among the acceptable bid amounts. placed, current provisionally winning with its post-auction long-form The FCC auction bidding system also bids, new minimum acceptable bid application. Further instructions on includes an upload function that allows amounts for the following round, these and other filing requirements will text files containing bid information to whether the construction permit is FCC- be provided to winning bidders in the be uploaded. held, and bidder eligibility status auction closing public notice. An 91. Until a bid has been placed on a (bidding eligibility and activity rule Auction 99 applicant that has its long- construction permit, the minimum waivers), and post the reports for public form application dismissed will be acceptable bid amount for that permit access. deemed to have defaulted and will be will be equal to its minimum opening subject to default payments under 47 bid amount. Once there are bids on a 8. Auction Announcements CFR 1.2104(g) and 1.2109(c). permit, minimum acceptable bids for 97. The Commission will use auction D. Default and Disqualification the following round will be determined announcements to report necessary as described in the Auction 99 information such as schedule changes. 102. Any winning bidder that defaults Procedures Public Notice. All auction announcements will be or is disqualified after the close of the 92. During a round, an eligible bidder available by clicking a link in the FCC auction (i.e., fails to remit the required may submit bids for as many auction bidding system. down payment by the specified construction permits as it wishes deadline, fails to submit a timely long- (providing that it is eligible to bid on the V. Post-Auction Procedures form application, fails to make a full specific permits), remove bids placed in 98. Shortly after bidding has ended, and timely final payment, or is the current bidding round, or the Commission will issue a public otherwise disqualified) is liable for permanently reduce eligibility. If notice declaring the auction closed, default payments as described in 47 multiple bids are submitted for the same identifying the winning bidders, and CFR 1.2104(g)(2). This payment consists

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of a deficiency payment, equal to the Receivables Operations Group/ each of the Auction 99 construction difference between the amount of the Auctions, Gail Glasser, 445 12th Street permits. Auction 99 bidder’s winning bid and SW, Room 1–C864, Washington, DC 108. To promote the efficient and fair the amount of the winning bid the next 20554. administration of the competitive time a construction permit covering the Refund processing generally takes up bidding process for all Auction 99 same spectrum is won in an auction, to two weeks to complete. Bidders with participants, the Bureaus in the Auction plus an additional payment equal to a questions about refunds should contact 99 Procedures Public Notice announced percentage of the defaulter’s bid or of Gail Glasser at (202) 418–0578 or the following policies: (1) Application the subsequent winning bid, whichever Theresa Meeks at (202) 418–2945. of the current rules prohibiting certain is less. The percentage of the applicable communications between auction VI. Supplemental Final Regulatory bid to be assessed as an additional applicants and the related prohibition Flexibility Analysis payment for a default in Auction 99 is on joint bidding arrangements to 20 percent of the applicable bid. 106. As required by the Regulatory implement the Bureaus’ prior decision 103. In the event of a default, the Flexibility Act of 1980, as amended to allow eligible AM licensees having Commission has the discretion to re- (RFA), 47 U.S.C. 601–612, the any of the same controlling interests in auction the construction permit or offer Commission prepared Initial Regulatory common to file separate Forms 175, it to the next highest bidder (in Flexibility Analyses (IRFAs) in rather than restricting those licensees to descending order) at its final bid connection with Implementation of a single Form 175; (2) Use of a amount. In addition, if a default or Section 309(j) of the Communications simultaneous multiple-round auction disqualification involves gross Act—Competitive Bidding for format, consisting of sequential bidding misconduct, misrepresentation, or bad Commercial Broadcast and rounds with a simultaneous stopping faith by an applicant, the Commission Instructional Television Fixed Service procedure (with discretion by the may declare the applicant and its Licenses, Notice of Proposed Bureaus to exercise alternative stopping principals ineligible to bid in future Rulemaking, and other Commission rules under certain circumstances); (3) auctions, and may take any other action orders (collectively, Broadcast A specific minimum opening bid that it deems necessary, including Competitive Bidding NPRMs) pursuant amount for each construction permit institution of proceedings to revoke any to which Auction 99 will be conducted. available in Auction 99; (4) A specific existing authorizations held by the Final Regulatory Flexibility Analyses upfront payment amount for each applicant. (FRFAs) were likewise prepared in the construction permit; (5) Use of a E. Refund of Remaining Upfront Broadcast First Report and Order and bidder’s initial bidding eligibility in Payment Balance other Commission orders (collectively, bidding units based on that bidder’s Broadcast Competitive Bidding Orders) upfront payment through assignment of 104. All refunds of upfront payment pursuant to which Auction 99 will be a specific number of bidding units for balances will be returned to the payer of conducted. In this proceeding, a each construction permit; (6) Use of an record as identified on the Form 159 Supplemental Initial Regulatory activity requirement so that bidders unless the payer submits written Flexibility Analysis (Supplemental must bid actively during the auction authorization instructing otherwise. To IRFA) was incorporated in the Auction rather than waiting until late in the access the refund form, bidders are 99 Comment Public Notice. The auction before participating; (7) A single encouraged to use the Refund Commission sought written public stage auction in which a bidder is Information icon found on the Auction comment on the proposals in the required to be active on 100 percent of Application Manager page or through Auction 99 Comment Public Notice, its bidding eligibility in each round of the Refund Form link available on the including comments on the the auction; (8) Provision of three Auction Application Submit Supplemental IRFA. This Supplemental activity waivers for each qualified Confirmation page in the FCC auction Final Regulatory Flexibility Analysis bidder to allow it to preserve bidding application system. After the required (Supplemental FRFA) supplements the eligibility during the course of the information is completed on the blank FRFAs in the Broadcast Competitive auction; (9) Use of minimum acceptable form, the form should be printed, Bidding Orders to reflect the actions bid amounts and additional acceptable signed, and submitted to the taken in the Auction 99 Procedures increments, along with a proposed Commission by mail or fax as instructed Public Notice and conforms to the RFA. methodology for calculating such below. 107. Need for, and Objectives of, the amounts, with the Bureaus retaining 105. If an applicant has elected not to Public Notice. The Auction 99 discretion to change their methodology complete the refund form through the Procedures Public Notice implements if circumstances dictate; (10) A Auction Application Manager page, the competitive bidding rules adopted by procedure for breaking ties if identical Commission is requesting that all the Commission in multiple notice-and- high bid amounts are submitted on one information listed below be supplied in comment rulemaking proceedings, as permit in a given round; (11) Bid writing. well as establishes additional removal procedures; (12) A prohibition Name, address, contact and phone procedures to be used by the Bureaus, on bid withdrawals in Auction 99; and number of Bank on delegated authority, for competitive (13) Establishment of an additional ABA Number bidding in AM Revitalization—FM default payment of 20 percent under 47 Account Number to Credit Translator Auction 99 for up to 12 CFR 1.2104(g)(2) in the event that a Name of Account Holder specified cross-service FM translator winning bidder defaults or is FCC Registration Number (FRN) construction permits. More specifically, disqualified after the auction. The refund request must be submitted the Auction 99 Procedures Public Notice 109. Summary of Significant Issues by fax to the Revenue & Receivables provides an overview of the procedures, Raised by Public Comments in Response Operations Group/Auctions at (202) terms and conditions governing Auction to the IRFA. There were no comments 418–2843 or by mail to: Federal 99 and the post-auction application and filed that addressed the procedures and Communications Commission, payment processes, as well as setting policies proposed in the Supplemental Financial Operations, Revenue & the minimum opening bid amount for IFRA.

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110. Response to Comments by the SBA’s size standard the majority of such entity be independently owned and Chief Counsel for Advocacy of the Small entities are small entities. operated. The estimate of small Business Administration. Pursuant to 114. According to Commission staff businesses to which rules may apply the Small Business Jobs Act of 2010, review of the BIA/Kelsey, LLC’s Media does not exclude any radio station from which amended the RFA, the Access Pro Radio Database as of January the definition of a small business on Commission is required to respond to 30, 2018, about 11,261 (or about 99.92 these bases and is therefore over- any comment filed by the Chief Counsel percent) of 11,270 commercial radio inclusive to that extent. Furthermore, for Advocacy of the Small Business stations had revenues of $38.5 million the Bureaus are unable at this time to Administration (SBA), and to provide a or less and thus qualify as small entities define or quantify the criteria that detailed statement of any change made under the SBA definition. The Bureaus would establish whether a specific radio to the proposed procedures as a result note, however, that the SBA size station is dominant in its field of of those comments, 5 U.S.C. 604(a)(3). standard data does not enable the operation. In addition, the Bureaus note The Chief Counsel did not file any Bureaus to make a meaningful estimate that it is difficult at times to assess these comments in response to the proposed of the number of small entities who may criteria in the context of media entities procedures in the Auction 99 Comment participate in Auction 99. There are a and therefore estimates of small Public Notice. maximum of 26 entities that may businesses to which they apply may be 111. Description and Estimate of the become qualified bidders in Auction 99, over-inclusive to this extent. Number of Small Entities to Which the in which applicant eligibility is closed. 117. Description of Projected Proposed Procedures Will Apply. The The specific procedures and minimum Reporting, Recordkeeping, and Other RFA directs agencies to provide a opening bid amounts announced in the Compliance Requirements for Small description of and, where feasible, an Auction 99 Procedures Public Notice Entities. In the Auction 99 Procedures estimate of the number of small entities will affect directly all applicants Public Notice, the Bureaus adopted no that may be affected by the rules participating in Auction 99. new reporting, recordkeeping or other adopted herein. The RFA generally 115. The Bureaus also note that they compliance requirements for small defines the term small entity as having are unable to accurately develop an entities or other auction applicants. The the same meaning as the terms small estimate of how many of these 26 Commission has designed the auction business, small organization, and small entities are small businesses based on application process itself to minimize governmental jurisdiction. In addition, the number of small entities that reporting and compliance requirements the term small business has the same applied to participate in prior broadcast meaning as the term small business auctions, because that information is not for applicants, including small business concern under the Small Business Act. collected from applicants for broadcast applicants. In the first part of the A small business concern is one which: auctions in which bidding credits are Commission’s two-phased auction (1) Is independently owned and not based on an applicant’s size (as is application process, parties desiring to operated; (2) is not dominant in its field the case in auctions of licenses for participate in an auction file of operation; and (3) satisfies any wireless services). Potential eligible streamlined, Forms 175 in which they additional criteria established by the bidders in Auction 99 may include certify under penalty of perjury as to SBA, 15 U.S.C. 632. existing holders of broadcast station their qualifications. Eligibility to 112. Auction 99 is a closed auction; construction permits or licenses. In participate in bidding is based on an therefore the specific competitive 2013, the Commission estimated that 97 applicant’s Form 175 and certifications, bidding procedures and minimum percent of radio broadcasters met the as well as its upfront payment. The opening bid amounts described in the SBA’s prior definition of small business Public Notice provides instructions for Auction 99 Procedures Public Notice concern, based on annual revenues of $7 each Auction 99 applicant to maintain will affect only the 26 individuals or million. The SBA has since increased the accuracy of their previously filed entities listed in Attachment A to that that revenue threshold to $38.5 million, Form 175 electronically using the FCC public notice and who are the only which suggests that an even greater auction application system and/or by parties eligible to complete the percentage of radio broadcasters would direct communication with the remaining steps to become qualified to fall within the SBA’s definition. Based Auctions and Spectrum Access bid in Auction 99. The 26 eligible on Commission staff review of the BIA/ Division. More specifically as individuals or entities for Auction 99 Kelsey, LLC’s Media Access Pro Radio mentioned above, small entities and include firms of all sizes. Database, 4,635 (99.94%) of 4,638 a.m. other Auction 99 applicants will be 113. Radio Stations. This Economic radio stations have revenue of $38.5 qualified to bid in the auction only if Census category comprises million or less. Accordingly, based on they comply with the following: (1) establishments primarily engaged in this data, the Bureaus conclude that the Submission of a Form 175 that is timely broadcasting aural programs by radio to majority of Auction 99 eligible bidders and is found to be substantially the public. Programming may originate will likely meet the SBA’s definition of complete, and (2) timely submission of in their own studio, from an affiliated a small business concern. a sufficient upfront payment for at least network, or from external sources. The 116. In assessing whether a business one of the permits for which it is SBA has established a small business entity qualifies as small under the designated as an applicant on size standard for this category as firms definition, business control affiliations Attachment A to the Auction 99 having $38.5 million or less in annual must be included. The Bureaus’ Procedures Public Notice. The timely receipts. Economic Census data for 2012 estimate therefore likely overstates the submitted payment must be shows that 2,849 radio station firms number of small entities that might be accompanied by a complete and operated during that year. Of that affected by its action, because the accurate FCC Remittance Advice Form number, 2,806 firms operated with revenue figure on which it is based does (FCC Form 159), and made by 6:00 p.m. annual receipts of less than $25 million not include or aggregate revenues from ET on April 19, 2018, following the per year, 17 with annual receipts affiliated companies. Moreover, the procedures and instructions set forth in between $25 million and $49,999,999 definition of small business also Attachment B to the Auction 99 and 26 with annual receipts of $50 requires that an entity not be dominant Procedures Public Notice. An applicant million or more. Therefore, based on the in its field of operation and that the whose application is found to contain

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deficiencies will have a limited cost, the processes and procedures days of the date this notice appears in opportunity to bring their application adopted for Auction 99 should result in the Federal Register. Copies of the into compliance with the Commission’s minimal economic impact on small agreements are available through the competitive bidding rules during a entities. For example, prior to the Commission’s website (www.fmc.gov) or resubmission window. All qualified auction, the Commission will hold a by contacting the Office of Agreements bidders will automatically be registered mock auction to allow eligible bidders at (202)–523–5793 or tradeanalysis@ for the auction and mailed the necessary the opportunity to familiarize fmc.gov. registration materials. themselves with both the processes and Agreement No.: 012297–004. 118. In the second phase of the systems that will be utilized in Auction Title: ECNA/ECSA Vessel Sharing process, there are additional compliance 99. During the auction, participants will Agreement. requirements for winning bidders. As be able to access and participate in the Parties: Maersk Line A/S and Hapag- with other winning bidders, any small auction via the internet using a web- Lloyd AG. entity that is a winning bidder will be based system, or telephonically, Filing Party: Wayne Rohde; Cozen required to comply with the following: providing two cost effective methods of O’Connor; 1200 19th Street NW; (1) Within 10 business days of release of participation and avoiding the cost of Washington, DC 20036. the auction closing public notice submit travel for in-person participation. Synopsis: The amendment deletes as a down payment sufficient funds (in Further, small entities as well as other Hamburg Sudamerikianische addition to its upfront payment) to bring auction participants will be able to avail Dampschifffahrts-Gesellschaft KG and its total amount of money on deposit themselves of hotlines for assistance Alianca Navegacao e Logistica Ltda e with the Commission for Auction 99 to with auction processes and procedures CIA as parties to the Agreement and twenty percent of the net amount of its as well as technical support hotlines to replaces them with Maersk Line A/S. It winning bids; (2) within 10 business assist with issues such as access to or also deletes Companhia Libra de days after the down payment deadline navigation within the electronic FCC Navegacao as a party. submit the balance of the net amount for Form 175 and use of the FCC’s auction Agreement No.: 011463–013. each of its winning bids; and (3) within system. In addition, all auction Title: East Coast North America to thirty days following the close of participants will have access to various West Coast South America and bidding and notification to the winning other sources of information and Caribbean Cooperative Working bidders, unless a longer period is databases through the Commission that Agreement. specified by public notice, will aid in both their understanding and Parties: Maersk Line A/S and Hapag- electronically submit a properly participation in the process. These steps Lloyd AG. completed long-form application (FCC coupled with the advance Filing Party: Wayne Rohde; Cozen Form 349, Application for Authority to communication of the bidding O’Connor; 1200 19th Street NW; Construct or Make Changes in an FM procedures rules of the road in Auction Washington, DC 20036. Translator or FM Booster Station) and 99 should ensure that the auction will Synopsis: The amendment removes required exhibits for each construction be administered efficiently and fairly, Hamburg Sud as a party and replaces it permit won through Auction 99. with certainty for small entities as well with Maersk Line. It also removes Winning bidders claiming new entrant as other auction participants. obsolete language from Article 5.9 and status must include an exhibit 121. Report to Congress. The restates the Agreement. demonstrating their eligibility for the Commission will send a copy of the Agreement No.: 012448–001. bidding credit, 5 U.S.C. 603(c)(1)–(4). Auctions 99 Procedures Public Notice, Title: ECUS/ECSA Slot Exchange 119. Steps Taken To Minimize the including this Supplemental FRFA, in a Agreement. Significant Economic Impact on Small report to Congress pursuant to the Parties: Maersk Line A/S; Hapag- Entities, and Significant Alternatives Lloyd AG; and Mediterranean Shipping Considered. The RFA requires an Congressional Review Act, 5 U.S.C. 801(a)(1)(A). In addition, the Company S.A. agency to describe any significant, Filing Party: Wayne Rohde; Cozen Commission will send a copy of the specifically small business, alternatives O’Connor; 1200 19th Street NW; Auctions 99 Procedures Public Notice, that it has considered in reaching its Washington, DC 20036. proposed approach, which may include including and this Supplemental FRFA, Synopsis: The amendment deletes the following four alternatives (among to the Chief Counsel for Advocacy of the Hamburg Su¨ damerkianische others): (1) The establishment of SBA, pursuant to 5 U.S.C. 604(b). Dampschifffahrts-Gesellschaft KG as a differing compliance or reporting Federal Communications Commission. party and replaces it with Maersk Line requirements or timetables that take into Gary Michaels, A/S. It also deletes Alianc¸a Navegac¸ao account the resources available to small Deputy Chief, Auctions and Spectrum Access e Logistica Ltda. e CIA and Companhia entities; (2) the clarification, Division, WTB. Libra de Navegac¸ao as parties to the consolidation, or simplification of [FR Doc. 2018–08788 Filed 4–25–18; 8:45 am] Agreement. compliance and reporting requirements BILLING CODE 6712–01–P Agreement No.: 012146–002. under the rule for such small entities; Title: HLAG/Maersk USWC- (3) the use of performance rather than Mediterranean Vessel Sharing design standards; and (4) an exemption FEDERAL MARITIME COMMISSION Agreement. from coverage of the rule, or any part Parties: Maersk Line A/S and Hapag- thereof, for such small entities. Notice of Agreements Filed Lloyd AG. 120. The Bureaus believe that the Filing Party: Wayne Rohde; Cozen steps described below to facilitate The Commission hereby gives notice O’Connor; 1200 19th Street NW; participation in Auction 99 will result of the filing of the following agreements Washington, DC 20036. in both operational and administrative under the Shipping Act of 1984. Synopsis: The amendment deletes cost savings for small entities and other Interested parties may submit comments Hamburg Sudamerikanische auction participants. In light of the on the agreements to the Secretary, Dampfschifffahrts-Gesellschaft KG as a numerous resources that will be Federal Maritime Commission, party and replaces it with Maersk Line available from the Commission at no Washington, DC 20573, within twelve A/S. It also restates the Agreement.

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Agreement No.: 201229–001. Applications) 1000 Peachtree Street, NE, DEPARTMENT OF HEALTH AND Title: Marine Terminal Services Atlanta, Georgia 30309. Comments can HUMAN SERVICES Agreement Port of Houston Authority also be sent electronically to and Maersk Line A/S. [email protected]: Centers for Medicare & Medicaid Parties: Maersk Line A/S and Port of Services Houston Authority. 1. PBD Holdings, LLC, Chattanooga, Filing Party: Chasless Yancy; Port of Tennessee; to become a bank holding [CMS–1677–N] Houston Authority; 111 East Loop company by acquiring the outstanding RIN 0938–ZB47 North; Houston, TX 77029. shares of Millennium Bancshares, Inc., Synopsis: The amendment clarifies and thereby acquire shares of Medicare Program; Extension of the the name of the Carrier party to the Millennium Bank, both of Ooltewah, Payment Adjustment for Low-Volume agreement and adds newly acquired Tennessee. Hospitals and the Medicare-Dependent common carrier steamship lines, Hospital (MDH) Program Under the Board of Governors of the Federal Reserve Hamburg Su¨ damerikanische Hospital Inpatient Prospective System, April 23, 2018. Dampfschifffahrts-Gesellschaft KG and Payment Systems (IPPS) for Acute Alianc¸a Navegac¸a˜o e Logı´stica Ltdsa., to Ann Misback, Care Hospitals for Fiscal Year 2018 the Agreement. All other terms of the Secretary of the Board. AGENCY: Agreement remain unchanged. [FR Doc. 2018–08801 Filed 4–25–18; 8:45 am] Centers for Medicare & Medicaid Services (CMS), HHS. Dated: April 23, 2018. BILLING CODE 6210–01–P ACTION: Extension of a payment Rachel E. Dickon, adjustment and a program. Secretary. FEDERAL RESERVE SYSTEM [FR Doc. 2018–08799 Filed 4–25–18; 8:45 am] SUMMARY: This document announces BILLING CODE 6731–AA–P Change in Bank Control Notices; changes to the payment adjustment for low-volume hospitals and to the Acquisitions of Shares of a Bank or Medicare-dependent Hospital (MDH) Bank Holding Company FEDERAL RESERVE SYSTEM Program under the hospital inpatient prospective payment systems (IPPS) for The notificants listed below have Formations of, Acquisitions by, and FY 2018 in accordance with sections applied under the Change in Bank Mergers of Bank Holding Companies 50204 and 50205, respectively, of the Control Act (12 U.S.C. 1817(j)) and Bipartisan Budget Act of 2018. The companies listed in this notice § 225.41 of the Board’s Regulation Y (12 DATES: have applied to the Board for approval, CFR 225.41) to acquire shares of a bank Effective Date: The extensions are pursuant to the Bank Holding Company or bank holding company. The factors effective April 24, 2018. Act of 1956 (12 U.S.C. 1841 et seq.) that are considered in acting on the (BHC Act), Regulation Y (12 CFR part Applicability Date: The provisions notices are set forth in paragraph 7 of described in this document are 225), and all other applicable statutes the Act (12 U.S.C. 1817(j)(7)). and regulations to become a bank applicable for discharges on or after holding company and/or to acquire the The notices are available for October 1, 2017 and on or before assets or the ownership of, control of, or immediate inspection at the Federal September 30, 2018. the power to vote shares of a bank or Reserve Bank indicated. The notices FOR FURTHER INFORMATION CONTACT: bank holding company and all of the also will be available for inspection at Michele Hudson, (410) 786–5490. banks and nonbanking companies the offices of the Board of Governors. Mark Luxton, (410) 786–4530. owned by the bank holding company, Interested persons may express their Shevi Marciano, (410) 786–2874. including the companies listed below. views in writing to the Reserve Bank SUPPLEMENTARY INFORMATION: The applications listed below, as well indicated for that notice or to the offices I. Background as other related filings required by the of the Board of Governors. Comments Board, are available for immediate must be received not later than May 18, On February 9, 2018 the Bipartisan inspection at the Federal Reserve Bank 2018. Budget Act of 2018 (Pub. L. 115–123) indicated. The applications will also be was enacted. Section 50204 of the A. Federal Reserve Bank of Kansas available for inspection at the offices of Bipartisan Budget Act of 2018 extends City (Dennis Denney, Assistant Vice the Board of Governors. Interested certain temporary changes to the persons may express their views in President) 1 Memorial Drive, Kansas payment adjustment for low-volume writing on the standards enumerated in City, Missouri 64198–0001: hospitals for an additional year, through the BHC Act (12 U.S.C. 1842(c)). If the 1. Kevin Scott Perry, Edmond, fiscal year (FY) 2018. Section 50205 of proposal also involves the acquisition of Oklahoma; to acquire voting shares of the Bipartisan Budget Act of 2018 a nonbanking company, the review also FSB Bancshares, Inc., Oklahoma City, extends the Medicare-dependent includes whether the acquisition of the Oklahoma, and thereby indirectly hospital (MDH) program through FY nonbanking company complies with the acquire First Security Bank and Trust 2022 and revises the definition of an standards in section 4 of the BHC Act Company, Oklahoma City, Oklahoma. MDH. (12 U.S.C. 1843). Unless otherwise Board of Governors of the Federal Reserve II. Provisions of the Document noted, nonbanking activities will be System, April 23, 2018. conducted throughout the United States. A. Extension of the Payment Adjustment Unless otherwise noted, comments Ann Misback, for Low-Volume Hospitals regarding each of these applications Secretary of the Board. 1. Background must be received at the Reserve Bank [FR Doc. 2018–08800 Filed 4–25–18; 8:45 am] indicated or the offices of the Board of BILLING CODE P Section 1886(d)(12) of the Act Governors not later than May 23, 2018. provides for an additional payment to A. Federal Reserve Bank of Atlanta each qualifying low-volume hospital (Kathryn Haney, Director of under the IPPS beginning in FY 2005.

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The additional payment adjustment to a and subsequent legislation expanded changes to section 1886(d)(12)(C) and low-volume hospital provided for under the definition of low-volume hospital (D) of the Act. section 1886(d)(12) of the Act is ‘‘[i]n and modified the methodology for Prior to the enactment of the addition to any payment calculated determining the payment adjustment for Bipartisan Budget Act of 2018, in the FY under this section.’’ Therefore, the hospitals meeting that definition. 2018 IPPS/LTCH PPS final rule (82 FR additional payment adjustment is based Specifically, those provisions amended 38184 through 38188), we discussed the on the per discharge amount paid to the the qualifying criteria for low-volume low-volume hospital payment qualifying hospital under section 1886 hospitals under section 1886(d)(12)(C)(i) adjustment for FY 2018 and subsequent of the Act. In other words, the low- of the Act to specify that, for FYs 2011 fiscal years. Specifically, we discussed volume hospital payment adjustment is through 2017, a subsection (d) hospital that in accordance with section based on total per discharge payments qualifies as a low-volume hospital if it 1886(d)(12) of the Act, beginning with made under section 1886 of the Act, is more than 15 road miles from another FY 2018, the low-volume hospital including capital, DSH, IME, and outlier subsection (d) hospital and has less than definition and payment adjustment payments. For SCHs and MDHs, the 1,600 discharges of individuals entitled methodology reverted back to the low-volume hospital payment to, or enrolled for, benefits under Part A statutory requirements that were in adjustment is based in part on either the during the fiscal year. In addition, these effect prior to the amendments made by Federal rate or the hospital-specific rate, provisions amended section the Affordable Care Act. Therefore, we whichever results in a greater operating 1886(d)(12)(D) of the Act, to provide explained, as specified under the IPPS payment. that for FYs 2011 through 2017, the low- existing regulations at § 412.101, The Affordable Care Act amended volume hospital payment adjustment effective for FY 2018 and subsequent section 1886(d)(12) of the Act by (that is, the percentage increase) is to be years, in order to qualify as a low- modifying the definition of a low- determined using a continuous linear volume hospital, a subsection (d) volume hospital and the methodology sliding scale ranging from 25 percent for hospital must be more than 25 road for calculating the payment adjustment low-volume hospitals with 200 or fewer miles from another subsection (d) for low-volume hospitals, effective only discharges of individuals entitled to, or hospital and have less than 200 for discharges occurring during FYs enrolled for, benefits under Part A in the discharges (that is, less than 200 total 2011 and 2012 while subsequent fiscal year to zero percent for low- discharges, including both Medicare legislation extended these modifications volume hospitals with greater than and non-Medicare discharges) during through FY 2017. (We refer readers to 1,600 discharges of such individuals in the fiscal year. We also discussed the the FY 2017 IPPS/LTCH PPS final rule the fiscal year. (We note that under procedure for hospitals to request low- (81 FR 56941 through 59943) for a § 412.101(b)(2)(ii), for FYs 2011 through volume hospital status for FY 2018 detailed summary of the applicable 2017, a hospital’s Medicare discharges (which was consistent with our legislation.) from the most recently available previously established procedures for Prior to the enactment of the MedPAR data, as determined by CMS, FYs 2011 through 2017). Bipartisan Budget Act of 2018 (Pub. L. To implement the extension of the are used to determine if the hospital 115–123) on February 9, 2018, temporary changes in the low-volume meets the discharge criterion to receive beginning with FY 2018, the low- hospital payment policy for FY 2018 the low-volume hospital payment volume hospital qualifying criteria and provided for by the Bipartisan Budget adjustment in the applicable year.) payment adjustment methodology Act of 2018, in accordance with the returned to the statutory requirements 3. Implementation of the Extension of existing regulations at § 412.101(b)(2)(ii) that were in effect prior to FY 2011. the Temporary Changes to the Low- and consistent with our implementation However, section 50204 of the Volume Hospital Definition and of the changes in FYs 2011 through Bipartisan Budget Act of 2018 extended Payment Adjustment Methodology for 2017, we are updating the discharge for an additional year, through FY 2018, FY 2018 data source used to identify qualifying the temporary changes in the low- low-volume hospitals and calculate the volume hospital definition and Section 50204 of the Bipartisan payment adjustment (percentage methodology for determining the Budget Act of 2018 extended, for FY increase) for FY 2018. As noted payment adjustment originally made by 2018, the temporary changes in the low- previously, under § 412.101(b)(2)(ii), for the Affordable Care Act for FYs 2011 volume hospital payment policy FYs 2011 through 2017, a hospital’s and 2012. (We note that section 50204 originally provided for in the Affordable Medicare discharges from the most of the Bipartisan Budget Act of 2018 Care Act. As noted previously, prior to recently available MedPAR data, as also further modified the definition of a the enactment of section 50204 of the determined by CMS, are used to low-volume hospital and the Bipartisan Budget Act of 2018, determine if the hospital meets the methodology for calculating the beginning with FY 2018, the low- discharge criterion to receive the low- payment adjustment for low volume volume hospital definition and payment volume payment adjustment in the hospitals for FYs 2019 through 2022, as adjustment methodology returned to the current year. The applicable low- addressed in separate rulemaking.) For policy established under statutory volume percentage increase provided additional information on the expiration requirements that were in effect prior to for by the provisions of the Affordable of these provisions, we refer readers to the amendments made by the Affordable Care Act and subsequent legislation is the FY 2018 IPPS/LTCH PPS final rule Care Act. Specifically, section 50204 of determined using a continuous linear (82 FR 38184 through 38188). The the Bipartisan Budget Act of 2018 sliding scale equation that results in a regulations describing the payment amended section 1886(d)(12)(C) of the low-volume adjustment ranging from an adjustment for low-volume hospitals are Act to extend the changes to the additional 25 percent for hospitals with at 42 CFR 412.101. qualification criteria to FY 2018 (as 200 or fewer Medicare discharges to a reflected by new clause (i)(II)) and zero percent additional payment 2. Low-Volume Hospital Payment amended section 1886(d)(12)(D) of the adjustment for hospitals with 1,600 or Adjustment for FYs 2011 Through 2017 Act to extend the applicable percentage more Medicare discharges. As discussed previously, for FYs 2011 increase to FY 2018 (as reflected by new For FY 2018, consistent with our through 2017, the Affordable Care Act clause (i)), and made other conforming historical policy, qualifying low-volume

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hospitals and their payment adjustment it is determined that the mileage Affordable Care Act amendments to the will be determined using Medicare criterion has been met. The Medicare low-volume hospital payment policy.) discharge data from the March 2017 discharge data shown in Table 1, as well Program guidance on the systems update of the FY 2016 MedPAR file, as as the Medicare discharge data for all implementation of these provisions, these data were the most recent data ’’subsection (d)’’ hospitals with claims including changes to PRICER software available at the time of the development in the March 2017 update of the FY used to make payments, will be of the FY 2018 payment rates and 2016 MedPAR file, is also available on announced in an upcoming transmittal. factors established in the FY 2018 IPPS/ the CMS website for hospitals to view We intend to make conforming changes LTCH PPS final rule. Table 1 of this their Medicare discharges to help to the regulations text at 42 CFR 412.101 document (which is available only hospitals to decide whether or not to to reflect the changes to the qualifying through the internet on the CMS website apply for low-volume hospital status for criteria and the payment adjustment for at hhtp://www.cms.hhs.gov/ FY 2018. low-volume hospitals according to the AcuteInpatientPPS/01_overview.asp) amendments made by section 50204 of Consistent with our previously lists the ’’subsection (d)’’ hospitals with the Bipartisan Budget Act of 2018, fewer than 1,600 Medicare discharges established procedure, we are applying including the implementation of the based on the March 2017 update of the the following procedure for a hospital to provisions specifying the low-volume FY 2016 MedPAR files and their FY request low-volume hospital status for hospital discharge criterion and 2018 low-volume payment adjustment FY 2018. In order for the applicable payment adjustment methodology for (if eligible). Eligibility for the low- low-volume percentage increase to be FYs 2019 through 2022, in future volume hospital payment adjustment for applied to payments for its discharges rulemaking. beginning on or after October 1, 2017 FY 2018 is also dependent upon B. Extension of the Medicare- (that is, the beginning of FY 2018), a meeting (in the case of a hospital that Dependent, Small Rural Hospital (MDH) hospital must send a written request for did not qualify for the low-volume Program hospital payment adjustment in FY low-volume hospital status that is Section 1886(d)(5)(G) of the Act 2017) or continuing to meet (in the case received by its MAC no later than May provides special payment protections, of a hospital that did qualify for the low- 29, 2018. A hospital that qualified for under the IPPS, to a MDH. (For volume hospital payment adjustment in the low-volume payment adjustment in additional information on the MDH FY 2017) the mileage criterion specified FY 2017 may continue to receive a low- program and the payment methodology, at § 412.101(b)(2)(ii). We note that the volume payment adjustment in FY 2018 without reapplying, if it continues to we refer readers to the FY 2012 IPPS/ list of hospitals with fewer than 1,600 LTCH PPS final rule (76 FR 51683 Medicare discharges in Table 1 does not meet the Medicare discharge criterion, based on the March 2017 update of the through 51684).) Prior to the Bipartisan reflect whether or not the hospital meets Budget Act of 2018, the MDH program the mileage criterion, and a hospital also FY 2016 MedPAR data (shown in Table 1), and the distance criterion; however, had been extended by the Affordable must be located more than 15 road miles Care Act and subsequent legislation the hospital must send written from any other IPPS hospital in order to though FY 2017 (that is, for discharges verification that is received by its MAC qualify for a low-volume hospital occurring before October 1, 2017). payment adjustment in FY 2018. no later than May 29, 2018, that it Section 50205 of the Bipartisan In order to receive a low-volume continues to be more than 15 miles from Budget Act of 2018 provides for an hospital payment adjustment under any other ’’subsection (d)’’ hospital. In extension of the MDH program for § 412.101, in accordance with our this case, the written verification could discharges occurring on or after October previously established procedure, a be a brief letter to the MAC stating that 1, 2017, through FY 2022 (that is, for hospital must notify and provide the hospital continues to meet the low- discharges occurring on or before documentation to its Medicare volume hospital distance criterion as September 30, 2022). Specifically, Administrative Contractor (MAC) that it documented in a prior low-volume section 50205 of the Bipartisan Budget meets the mileage criterion. The use of hospital status request. For hospitals Act of 2018 amended sections a Web-based mapping tool as part of that newly qualify for the low-volume 1886(d)(5)(G)(i) and 1886(d)(5)(G)(ii)(II) documenting that the hospital meets the adjustment (that is, hospitals that did of the Act by striking ‘‘October 1, 2017’’ mileage criterion for low-volume not receive the low-volume adjustment and inserting ‘‘October 1, 2022’’. It also hospitals, is acceptable. The MAC will in FY 2017), the written request for low- amended the definition of an MDH at determine if the information submitted volume hospital status should include section 1886(d)(5)(G)(iv) by striking by the hospital, such as the name and the documentation described above. subclause (I) and inserting a new street address of the nearest hospitals, Furthermore, for written requests or subclause that reads, ‘‘(I) that is located location on a map, and distance (in road written verification for low-volume in—(aa) a rural area; or (bb) a State with miles, as defined in the regulations at hospital status for FY 2018 received no rural area (as defined in paragraph § 412.101(a)) from the hospital after May 29, 2018, if the hospital meets (2)(D)) and satisfies any of the criteria in requesting low-volume hospital status, the criteria to qualify as a low-volume subclause (I), (II), or (III) of paragraph is sufficient to document that it meets hospital, the MAC will apply the (8)(E)(ii).’’ It also amended section the mileage criterion. The MAC may applicable low-volume hospital 1886(d)(5)(G)(iv) by inserting a follow up with the hospital to obtain adjustment in determining payments for provision after subclause (IV) to specify additional necessary information to the hospital’s FY 2018 discharges that new subclause (I)(bb) applies for determine whether or not the hospital prospectively effective within 30 days of purposes of MDH payment under meets the low-volume mileage criterion. the date of the MAC’s low-volume section 1886(d)(5)(G)(ii) of the Act (that In addition, the MAC will refer to the hospital status determination. (As noted is, 75 percent of the amount by which hospital’s Medicare discharge data previously, this procedure is similar to the Federal rate is exceeded by the determined by CMS to determine our previously established procedure for updated hospital-specific rate from whether or not the hospital meets the requesting low volume hospital status, certain specified base years) only for discharge criterion, and the amount of as well as the procedures we used to discharges of a hospital occurring on or the FY 2018 payment adjustment, once implement prior extensions of the after the effective date of a

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determination of MDH status made with 1, 2017. Hospitals that applied by the documentation to its contractor to be respect to the hospital after the date of August 31, 2017 deadline and were considered for MDH status. the enactment of this provision. approved for SCH classification • The contractor make its Furthermore, this same new provision received SCH status effective October 1, determination and notify the hospital also states ‘‘For purposes of applying 2017. Additionally, some hospitals that within 90 days from the date that it subclause (II) of paragraph (8)(E)(ii) had MDH status as of the September 30, receives the request for MDH under subclause (I)(bb), such subclause 2017 expiration of the MDH program classification and all required (II) shall be applied by inserting ‘as of may have missed the August 31, 2017 documentation. January 1, 2018,’ after ‘such State’ each application deadline. These hospitals • The determination of MDH status place it appears.’’ That is, this provision applied for SCH status in the usual be effective 30 days after the date of the specifies that for a hospital in a State manner instead and were approved for contractor’s written notification to the with no rural area, the criteria in SCH status effective 30 days from the hospital. paragraph (8)(E)(ii)(II) must have been date of approval, resulting in an The following are examples of various satisfied as of January 1, 2018. Section effective date later than October 1, 2017. scenarios that illustrate how and when 50205 of the Bipartisan Budget Act also These hospitals must reapply for MDH MDH status will be determined for made conforming amendments to status under § 412.108(b). hospitals that were MDHs as of the sections 1886(b)(3)(D) of the Act (in the September 30, 2017 expiration of the 2. MDHs That Requested a Cancellation language proceeding clause (i)) and MDH program: of Their Rural Classification Under 1886(b)(3)(D)(iv) of the Act). Example 1: Hospital A was classified § 412.103(b) as an MDH prior to the September 30, a. Extension of the MDH Program One of the criteria to be classified as 2017 expiration of the MDH program. Generally, as a result of the section an MDH is that the hospital is located Hospital A retained its rural 50205 of the Bipartisan Budget Act of in a rural area. To qualify for MDH classification and did not reclassify as 2018 extension, a provider that was status, some MDHs reclassified from an an SCH. Hospital A’s MDH status will classified as an MDH prior to the urban to a rural hospital designation, be automatically reinstated to October 1, September 30, 2017 expiration of the under the regulations at § 412.103(b). 2017. MDH program will be reinstated as an With the expiration of the MDH Example 2: Hospital B was classified MDH effective October 1, 2017, with no provision, some of these providers may as an MDH prior to the September 30, need to reapply for MDH classification. have requested a cancellation of their 2017 expiration of the MDH program. Prior to the enactment of section rural classification. Therefore, in order Per the regulations at § 412.92(b)(2)(v) 50205 of the Bipartisan Budget Act of to qualify for MDH status, these and in anticipation of the expiration of 2018, under section 205 of the Medicare hospitals must request to be reclassified the MDH program, Hospital B applied Access and CHIP Reauthorization Act of as rural under § 412.103(b) and must for reclassification as an SCH by August 2015 (MACRA), the MDH program reapply for MDH status under 31, 2017, and was approved for SCH authorized by section 1886(d)(5)(G) of § 412.108(b). status effective on October 1, 2017. the Act was set to expire at the end of Any provider that falls within either Hospital B’s MDH status will not be FY 2017. of the two exceptions listed above may automatically reinstated. In order to In the FY 2016 interim final rule with not have its MDH status automatically reclassify as an MDH, Hospital B must comment period (80 FR 49596 through reinstated effective October 1, 2017. cancel its SCH status, in accordance 49597), we amended the regulations at That is, if a provider reclassified to SCH with § 412.92(b)(4), and reapply for § 412.108(a)(1) and (c)(2)(iii) to reflect status or cancelled its rural status MDH status under the regulations at the MACRA extension of the MDH effective October 1, 2017, its MDH § 412.108(b). program through FY 2017. We intend to status will not be retroactive to October Example 3: Hospital C was classified amend the regulations at § 412.108(a)(1) 1, 2017, but will instead be applied as an MDH prior to the September 30, and (c)(2)(iii) to reflect the statutory prospectively based on the date the 2017 expiration of the MDH program. extension of the MDH program through hospital is notified that it again meets Hospital C missed the application FY 2022 provided for by the provisions the requirements for MDH status in deadline of August 31, 2017 for of the Bipartisan Budget Act of 2018 in accordance with § 412.108(b)(4) after reclassification as an SCH under the future rulemaking. reapplying for MDH status. However, if regulations at § 412.92(b)(2)(v) and was Since MDH status is now extended by a provider reclassified to SCH status or not eligible for its SCH status to be statute through the end of FY 2022, cancelled its rural status effective on a effective as of October 1, 2017. Hospitals generally, hospitals that previously date later than October 1, 2017, MDH C’s Medicare contractor approved its qualified for MDH status will be status will be reinstated effective from request for SCH status effective reinstated as an MDH retroactively to October 1, 2017 but will end on the date November 16, 2017. Hospital C’s MDH October 1, 2017. However, in the on which the provider changed its status will be reinstated effective following two situations, the effective status to an SCH or cancelled its rural October 1, 2017 through November 15, date of MDH status may not be status. Those hospitals may also reapply 2017 and will subsequently be cancelled retroactive to October 1, 2017. for MDH status to be effective again 30 effective November 16, 2017. In order to days from the date the hospital is reclassify as an MDH, Hospital C must 1. MDHs That Classified as Sole notified of the determination, in cancel its SCH status, in accordance Community Hospitals (SCHs) on or accordance with § 412.108(b)(4). § 412.92(b)(4), and reapply for MDH After October 1, 2017 Providers that fall within either of the status under the regulations at Under the regulations at two exceptions will have to reapply for § 412.108(b). § 412.92(b)(2)(v), an MDH could apply MDH status according to the Example 4: Hospital D was classified for reclassification as a sole community classification procedures in 42 CFR as an MDH prior to the September 30, hospital (SCH) by August 31, 2017, in 412.108(b). Specifically, the regulations 2017 expiration of the MDH program. In anticipation of the September 30, 2017 at § 412.108(b) require the following: anticipation of the expiration of the expiration of the MDH provision, and • The hospital submit a written MDH program, Hospital D requested have such status be effective on October request along with qualifying that its rural classification be cancelled

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per the regulations at § 412.103(g). reflect the changes made by section §§ 412.108(a)(1)(i) through (iii). We note Hospital D’s rural classification was 50205 of the Bipartisan Budget Act of the following: cancelled effective October 1, 2017. 2018 in future rulemaking. • For a hospital in an all-urban State Hospital D’s MDH status will not be to demonstrate that it would have b. Additional Provisions to the MDH automatically reinstated. In order to qualified for rural reclassification Program reclassify as an MDH, Hospital D must notwithstanding its location in an all- request to be reclassified as rural under In addition to extending the MDH urban state (as of January 1, 2018 where § 412.103(b) and must reapply for MDH program, section 50205 of the Bipartisan applicable), it must follow the status under § 412.108(b). Budget Act also provides for a hospital applicable procedures for rural Example 5: Hospital E was classified that is located in a state without a rural reclassification and MDH classification as an MDH prior to the September 30, area to be eligible to qualify for MDH at § 412.103(b) and § 412.108(b), 2017 expiration of the MDH program. In status if it otherwise satisfies any of the respectively. anticipation of the expiration of the statutory criteria to be reclassified as • As noted previously, under existing MDH program, Hospital E requested that rural under sections 1886(d)(8)(E)(ii)(I), regulations at § 412.108(b)(4), the its rural classification be cancelled per (II), or (III) of the Act while further determination of MDH status is effective the regulations at § 412.103(g). Hospital specifying that the criteria at sections 30 days after the date the MAC provides E’s rural classification was cancelled 1886(d)(8)(E)(ii)(II) of the Act must have written notification to the hospital. effective January 1, 2018. Hospital E’s been satisfied as of January 1, 2018. • A hospital in an all-urban state that MDH status will be reinstated but only Section 1886(d)(8)(E) of the Act qualifies as an MDH under the newly- for the period of time during which it provides for an IPPS hospital that is added statutory provision will not be met the criteria for MDH status. Since located in an urban area to be considered as having reclassified as Hospital E cancelled its rural status and reclassified as a rural hospital if it rural but only as having satisfied one of was classified as urban effective January submits an application in accordance the criteria at section 1886(d)(8)(E)(ii)(I), 1, 2018, MDH status will only be with CMS’ established process and (II), or (III) (as of January 1, 2018 as reinstated effective October 1, 2017 meets certain criteria at sections applicable) for purposes of MDH through December 31, 2017 and will be 1886(d)(8)(E)(ii)(I), (II), or (III) of the Act classification, in accordance with cancelled effective January 1, 2018. In (these statutory criteria are implemented amended section 1886(d)(5)(G)(iv) of the order to reclassify as an MDH, Hospital in the regulations at §§ 412.103(a)(1) Act. E must request to be reclassified as rural through (3)). A subsection (d) hospital under § 412.103(b) and must reapply for III. Collection of Information that is located in an urban area and MDH status under § 412.108(b). Requirements meets one of the three criteria under We note that hospitals that were § 412.103(a) can reclassify as rural and This document does not impose MDHs as of the September 30, 2017 information collection and expiration of the MDH program that is treated as being located in the rural area of the State in which it is located. recordkeeping requirements. have returned to urban status will first Consequently, it need not be reviewed need to apply for rural status under However, a hospital that is located in an all-urban State is ineligible to reclassify by the Office of Management and § 412.103(b), and hospitals that became Budget under the authority of the SCHs will first need to request as rural in accordance with the provisions of § 412.103 because its State Paperwork Reduction Act of 1995 (44 cancellation of SCH status under U.S.C. 35). § 412.92(b)(4). does not have a rural area into which it Finally, we note that hospitals can reclassify. Prior to the amendments IV. Regulatory Impact Analysis continue to be bound by made by the Bipartisan Budget Act, a A. Statement of Need § 412.108(b)(4)(i) through (iii) to report hospital could only qualify for MDH a change in the circumstances under status if it was either geographically This document is necessary to update which the status was approved. Thus, if located in a rural area or if it reclassified the IPPS final FY 2018 payment policies a hospital’s MDH status has been as rural under the regulations at to reflect changes required by the extended and it no longer meets the § 412.103. This precluded hospitals in implementation of two provisions of the requirements for MDH status, it is all-urban states from being classified as Bipartisan Budget Act of 2018. Section required under § 412.108(b)(4)(i) MDHs. The newly added provision in 50204 of the Bipartisan Budget Act of through (iii) to make such a report to its the Bipartisan Budget Act of 2018 2018 extends certain temporary changes MAC. Additionally, under the allows a hospital in an all-urban state to to the payment adjustment for low- regulations at § 412.108(b)(5), Medicare be eligible for MDH classification if, in volume hospitals through FY 2018. contractors are required to evaluate on addition to meeting the other criteria for Section 50205 of the Bipartisan Budget an ongoing basis whether or not a MDH eligibility, it satisfies one of the Act of 2018 extends the MDH program hospital continues to qualify for MDH criteria for rural reclassification under through FY 2022. As noted previously, status. section 1886(d)(8)(E)(ii)(I), (II), or (III) of program guidance on the systems A provider affected by the MDH the Act (as of January 1, 2018 where implementation of these provisions, program extension will receive a notice applicable) notwithstanding its location including changes to PRICER software from its Medicare contractor detailing in an all-urban state. used to make payments, will be its status in light of the MDH program Under this provision of the Bipartisan announced in an upcoming transmittal. extension. Budget Act, a hospital in an all-urban Program guidance on the systems State can apply and be approved for B. Overall Impact implementation of these provisions, MDH classification if it can demonstrate We have examined the impacts of this including changes to PRICER software that: (1) It meets the criteria at document as required by Executive used to make payments, will be § 412.103(a)(1) or (3) or the criteria at Order 12866 on Regulatory Planning announced in an upcoming transmittal. § 412.103(a)(2) as of January 1, 2018 for and Review (September 30, 1993), As noted previously, we intend to make the sole purposes of qualifying for MDH Executive Order 13563 on Improving the conforming changes to the classification and; (2) it meets the MDH Regulation and Regulatory Review regulations text at 42 CFR 412.108 to classification criteria at (January 18, 2011), the Regulatory

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Flexibility Act (RFA) (September 19, hospitals have changed from our files/Size_Standards_Table.pdf.) For 1980, Pub. L. 96–354), section 1102(b) of estimates that were published in the FY purposes of the RFA, all hospitals and the Social Security Act, section 202 of 2018 IPPS/LTCH PPS final rule (82 FR other providers and suppliers are the Unfunded Mandates Reform Act of 38585) in conjunction with the FY 2018 considered to be small entities. 1995 (March 22, 1995; Pub. L. 104–4), IPPS/LTCH PPS correcting document Individuals and States are not included Executive Order 13132 on Federalism (82 FR 46163). We estimate that the in the definition of a small entity. We (August 4, 1999), the Congressional changes in the FY 2018 IPPS/LTCH PPS believe that the changes announced in Review Act (5 U.S.C. 804(2)), and final rule, in conjunction with the this document will have a significant Executive Order 13771 on Reducing changes included in this document, will impact on small entities. Because we Regulation and Controlling Regulatory result in an approximate $2.97 billion acknowledge that many of the affected Costs (January 30, 2017). increase in total payments to IPPS entities are small entities, the analysis Executive Orders 12866 and 13563 hospitals in FY 2018 relative to FY discussed in this section would fulfill direct agencies to assess all costs and 2017, as described later in this section. any requirement for a final regulatory benefits of available regulatory In the FY 2018 IPPS/LTCH PPS final flexibility analysis. alternatives and, if regulation is rule (82 FR 38585) in conjunction with In addition, section 1102(b) of the Act necessary, to select regulatory the FY 2018 IPPS/LTCH PPS correcting requires us to prepare a regulatory approaches that maximize net benefits document (82 FR 46163), we had impact analysis if a rule may have a (including potential economic, projected that total payments to IPPS significant impact on the operations of environmental, public health and safety hospitals would increase by $2.5 billion a substantial number of small rural effects, distributive impacts, and relative to FY 2017. However, since the hospitals. This analysis must conform to equity). Section 3(f) of Executive Order changes in this document are expected the provisions of section 604 of the 12866 defines a ‘‘significant regulatory to increase payments by approximately RFA. With the exception of hospitals action’’ as an action that is likely to $470 million ($349 million for the located in certain New England result in a rule: (1) Having an annual extension of certain temporary changes counties, for purposes of section 1102(b) effect on the economy of $100 million to the low-volume hospital adjustment of the Act, we now define a small rural or more in any 1 year, or adversely and policy and $119 million for the hospital as a hospital that is located materially affecting a sector of the extension of the MDH program) relative outside of an urban area and has fewer economy, productivity, competition, to what was projected in the FY 2018 than 100 beds. Section 601(g) of the jobs, the environment, public health or IPPS/LTCH PPS final rule in Social Security Amendments of 1983 safety, or state, local or tribal conjunction with the FY 2018 IPPS/ (Pub. L. 98–21) designated hospitals in governments or communities (also LTCH PPS correcting document, these certain New England counties as referred to as ‘‘economically changes will result in a net increase of belonging to the adjacent urban area. significant’’); (2) creating a serious $2.97 billion ($2.5 billion currently, Thus, for purposes of the IPPS, we inconsistency or otherwise interfering plus the additional estimated increase of continue to classify these hospitals as with an action taken or planned by approximately $0.35 billion for the urban hospitals. another agency; (3) materially altering extension of certain temporary changes Section 202 of the Unfunded the budgetary impacts of entitlement to the low-volume hospital adjustment Mandates Reform Act of 1995 (UMRA) grants, user fees, or loan programs or the policy and approximately $0.12 billion (Pub. L. 104–4) also requires that rights and obligations of recipients for the extension of the MDH program) agencies assess anticipated costs and benefits before issuing any rule whose thereof; or (4) raising novel legal or in total payments to IPPS hospitals mandates require spending in any 1 year policy issues arising out of legal relative to FY 2017. mandates, the President’s priorities, or of $100 million in 1995 dollars, updated the principles set forth in the Executive C. Anticipated Effects annually for inflation. In 2017, that threshold is approximately $148 Order. 1. Effects on IPPS Hospitals A regulatory impact analysis (RIA) million. This document will not must be prepared for regulatory actions The RFA requires agencies to analyze mandate any requirements for State, with economically significant effects options for regulatory relief of small local, or tribal governments, nor will it ($100 million or more in any 1 year). businesses, if a rule has a significant affect private sector costs. Although we do not consider this impact on a substantial number of small Executive Order 13132 establishes document to constitute a substantive entities. For purposes of the RFA, small certain requirements that an agency rule or regulatory action, the changes entities include small businesses, must meet when it promulgates a announced in this document are nonprofit organizations, and small proposed rule (and subsequent final ‘‘economically’’ significant, under government jurisdictions. We estimate rule) that imposes substantial direct section 3(f)(1) of Executive Order 12866, that most hospitals and most other requirement costs on State and local and therefore we have prepared a RIA, providers and suppliers are small governments, preempts State law, or that to the best of our ability, presents entities as that term is used in the RFA. otherwise has Federalism implications. the costs and benefits of the provisions The great majority of hospitals and most This document will not have a announced in this document. other health care providers and substantial effect on State and local The FY 2018 IPPS/LTCH PPS final suppliers are small entities, either by governments. rule in conjunction with the FY 2018 being nonprofit organizations or by Although this document merely IPPS/LTCH PPS correcting document meeting the SBA definition of a small reflects the implementation of two included an impact analysis for the business (having revenues of less than provisions of the Bipartisan Budget Act changes to the IPPS included in that $7.5 to $34.5 million in any 1 year). (For of 2018 and does not constitute a final rule. This document updates those details on the latest standard for health substantive rule, we nevertheless impacts to the IPPS to reflect the care providers, we refer readers to page prepared this impact analysis in the changes made by sections 50204 and 33 of the Table of Small Business Size interest of ensuring that the impacts of 50205 of the Bipartisan Budget Act of Standards for NAIC 622 at the Small these changes are fully understood. The 2018. Since these sections were not Business Administration’s website at following analysis, in conjunction with budget neutral, the overall estimates for https://www.sba.gov/sites/default/files/ the remainder of this document,

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demonstrates that this document is methodology for determining the D. Alternatives Considered consistent with the regulatory payment adjustment for hospitals This document provides descriptions philosophy and principles identified in meeting that definition for FYs 2011 of the statutory provisions that are Executive Order 12866 and 13563, the through 2017. Prior to the enactment of addressed and identifies policies for RFA, and section 1102(b) of the Act. the Bipartisan Budget Act of 2018, implementing these provisions. Due to The changes announced in this beginning with FY 2018, the low- the prescriptive nature of the statutory document will positively affect volume hospital definition and payment provisions, no alternatives were payments to a substantial number of adjustment methodology was to return considered. small rural hospitals and providers, as to the statutory requirements that were well as other classes of hospitals and in effect prior to the amendments made E. Accounting Statement and Table providers, and the effects on some by the Affordable Care Act. With the As required by OMB Circular A–4 hospitals and providers may be extension for FY 2018 provided for by (available at http://www.whitehousegov/ significant. The impact analysis, which the Bipartisan Budget Act of 2018, based omb/circulars/a004/a-4.pdf), in Table I, discusses the effect on total payments to on FY 2016 claims data (March 2017 we have prepared an accounting IPPS hospitals, is presented in this update of the MedPAR file), we estimate statement showing the classification of section. that approximately 600 hospitals will expenditures associated with the The impact analysis reflects the change in estimated payments to IPPS now qualify as a low-volume hospital provisions of this notice as they relate hospitals in FY 2018 due to sections for FY 2018. We project that these to acute care hospitals. This table 50204 and 50205 of the Bipartisan hospitals will experience an increase in provides our best estimate of the change Budget Act of 2018 relative to estimated payments of approximately $349 in Medicare payments to providers as a FY 2018 payments to IPPS hospitals million as compared to our previous result of the changes to the IPPS published in the FY 2018 IPPS/LTCH estimates of payments to these hospitals presented in this document. All PPS final rule (82 FR 38585) and in for FY 2018 published in the FY 2018 expenditures are classified as transfers conjunction with the FY 2018 IPPS/ IPPS/LTCH PPS final rule in from the Federal government to LTCH PPS correction notice (82 FR conjunction with the FY 2018 IPPS/ Medicare providers. As previously 46163). As described later in this LTCH PPS correcting document. discussed, relative to what was section in the regulatory impact projected in the FY 2018 IPPS/LTCH 3. Effects of the Extension of the MDH PPS final rule in conjunction with the analysis, FY 2018 IPPS payments to Program hospitals affected by sections 50204 and FY 2018 IPPS/LTCH PPS correcting document, the changes made by 50205 of the Bipartisan Budget Act of The extension of the MDH program in sections 50204 and 50205 of the 2018 are projected to increase by $468 FY 2018 as provided for under section Bipartisan Budget Act of 2018 presented million ($349 million for the extension 50205 of the Bipartisan Budget Act of in this document are projected to of certain temporary changes to the low- 2018 is a non-budget neutral payment increase FY 2018 payments to IPPS volume hospital adjustment policy and provision. Hospitals that qualify to be hospitals by $468 million. $119 million for the extension of the MDHs receive the higher of operating MDH program) (relative to the FY 2018 IPPS payments made under the Federal TABLE I—ACCOUNTING STATEMENT: payments estimated for these hospitals standardized amount or the payments CLASSIFICATION OF ESTIMATED EX- for the FY 2018 IPPS/LTCH PPS final made under the Federal standardized rule and in conjunction with the FY amount plus 75 percent of the difference PENDITURES UNDER THE IPPS 2018 IPPS/LTCH PPS correcting between the Federal standardized FROM PUBLISHED FY 2018 TO RE- document). Furthermore, we project amount and the hospital-specific rate (a VISED FY 2018 that, on the average, overall IPPS hospital-specific cost-based rate). payments in FY 2018 for all hospitals Because this provision is not budget Category Transfers will increase by 0.4 percent due to these neutral, we estimate that the extension provisions in the Bipartisan Budget Act Annualized Monetized $468 million. of this payment provision will result in of 2018 compared to the previous Transfers. a 0.2 percent increase in payments estimate of FY 2018 payments to all From Whom to Whom Federal Government overall. Prior to the extension of the IPPS hospitals published in the FY 2018 to IPPS Medicare Providers. IPPS/LTCH PPS final rule in MDH program, there were 159 MDHs, of which 96 were estimated to be paid conjunction with the FY 2018 IPPS/ Total ...... $468 million. LTCH PPS correcting document. under the blended payment of the Federal standardized amount and 2. Effects of the Extension of the hospital-specific rate in FY 2017. F. Regulatory Reform Analysis Under Temporary Changes to the Payment Because those 96 MDHs will now E.O. 13771 Adjustment for Low-Volume Hospitals receive the blended payment (that is, Executive Order 13771, entitled The extension, for FY 2018, of the the Federal standardized amount plus ‘‘Reducing Regulation and Controlling temporary changes to the payment 75 percent of the difference between the Regulatory Costs,’’ was issued on adjustment for low-volume hospitals Federal standardized amount and the January 30, 2017, and requires that the (originally provided for by the hospital-specific rate) in FY 2018, we costs associated with significant new Affordable Care Act for FYs 2011 and estimate that those hospitals will regulations ‘‘shall, to the extent 2012 and extended by subsequent experience an overall increase in permitted by law, be offset by the legislation) as provided for under payments of approximately $119 elimination of existing costs associated Section 50204 of the Bipartisan Budget million as compared to our previous with at least two prior regulations.’’ It Act of 2018 is a non-budget neutral estimates of payments to these hospitals has been determined that the provisions payment provision. The provisions of for FY 2018 published in the FY 2018 of this document are actions that the Affordable Care Act and subsequent IPPS/LTCH PPS final rule in primarily result in transfers and do not legislation expanded the definition of conjunction with the FY 2018 IPPS/ impose more than de minimis cost as low-volume hospital and modified the LTCH PPS correcting document. described previously. Thus, this

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document is not a regulatory or for FY 2018, that is effective October 1, information from the public. Under the deregulatory action for the purposes of 2017. As this document merely informs Paperwork Reduction Act of 1995 (the Executive Order 13771. the public of these extensions, it is not PRA), federal agencies are required to a rule and does not require any notice publish notice in the Federal Register G. Conclusion and comment rulemaking. To the extent concerning each proposed collection of Overall, IPPS hospitals are projected any of the policies articulated in this information (including each proposed to experience an increase in estimated document constitute interpretations of extension or reinstatement of an existing payments of $468 million as a result of the statute’s requirements or procedures collection of information) and to allow the changes made by sections 50204 and that will be used to implement the 60 days for public comment on the 50205 of the Bipartisan Budget Act of statute’s directive; they are interpretive proposed action. Interested persons are 2018 presented in this document. The rules, general statements of policy, and invited to send comments regarding our analysis above, together with the rules of agency procedure or practice, burden estimates or any other aspect of preamble, provides a Regulatory which are not subject to notice and this collection of information, including Flexibility Analysis. Furthermore, the comment rulemaking or a delayed the necessity and utility of the proposed previous analysis, together with the effective date. information collection for the proper preamble, provides a Regulatory Impact However, to the extent that notice and performance of the agency’s functions, Analysis. In accordance with the comment rulemaking or a delay in the accuracy of the estimated burden, provisions of Executive Order 12866, effective date or both would otherwise ways to enhance the quality, utility, and this document was reviewed by the apply, we find good cause to waive such clarity of the information to be Office of Management and Budget. requirements. Specifically, we find it collected, and the use of automated V. Waiver of Proposed Rulemaking and unnecessary to undertake notice and collection techniques or other forms of Delay of Effective Date comment rulemaking in this instance as information technology to minimize the this document does not propose to make information collection burden. We ordinarily publish a notice of any substantive changes to the policies DATES: proposed rulemaking in the Federal or methodologies already in effect as a Comments must be received by Register and invite public comment matter of law, but simply applies June 25, 2018. prior to a rule taking effect in payment adjustments under the ADDRESSES: When commenting, please accordance with section 553(b) of the Bipartisan Budget Act of 2018 to these reference the document identifier or Administrative Procedure Act (APA) existing policies and methodologies. As OMB control number. To be assured and section 1871 of the Act. In addition, the changes outlined in this document consideration, comments and in accordance with section 553(d) of the have already taken effect, it would also recommendations must be submitted in APA and section 1871(e)(1)(B)(i) of the be impracticable to undertake notice any one of the following ways: Act, we ordinarily provide a 30 day and comment rulemaking. For these 1. Electronically. You may send your delay to a substantive rule’s effective reasons, we also find that a waiver of comments electronically to http:// date. For substantive rules that any delay in effective date, if it were www.regulations.gov. Follow the constitute major rules, in accordance otherwise applicable, is necessary to instructions for ‘‘Comment or with 5 U.S.C. 801, we ordinarily provide comply with the requirements of the Submission’’ or ‘‘More Search Options’’ a 60-day delay in the effective date. Bipartisan Budget Act of 2018. to find the information collection None of the processes or effective date Therefore, we find good cause to waive document(s) that are accepting requirements apply, however, when the notice and comment procedures as well comments. rule in question is interpretive, a general as any delay in effective date, if such 2. By regular mail. You may mail statement of policy, or a rule of agency procedures or delays are required at all. written comments to the following organization, procedure or practice. Dated: March 29, 2018. address: CMS, Office of Strategic They also do not apply when the statute Seema Verma, Operations and Regulatory Affairs, establishes rules that are to be applied, Division of Regulations Development, leaving no discretion or gaps for an Administrator, Centers for Medicare & Medicaid Services. Attention: Document Identifier/OMB agency to fill in through rulemaking. Control Number ______, Room C4–26– [FR Doc. 2018–08704 Filed 4–24–18; 4:15 pm] In addition, an agency may waive 05, 7500 Security Boulevard, Baltimore, notice and comment rulemaking, as well BILLING CODE 4120–01–P Maryland 21244–1850. as any delay in effective date, when the To obtain copies of a supporting agency for good cause finds that notice statement and any related forms for the and public comment on the rule as well DEPARTMENT OF HEALTH AND HUMAN SERVICES proposed collection(s) summarized in the effective date delay are this notice, you may make your request impracticable, unnecessary, or contrary Centers for Medicare & Medicaid using one of following: to the public interest. In cases where an Services 1. Access CMS’ website address at agency finds good cause, the agency https://www.cms.gov/Regulations-and- [Document Identifiers: CMS–2540–10] must incorporate a statement of this Guidance/Legislation/ finding and its reasons in the rule Agency Information Collection PaperworkReductionActof1995/PRA- issued. Listing.html. The policies being publicized in this Activities: Proposed Collection; 2. Email your request, including your document do not constitute agency Comment Request address, phone number, OMB number, rulemaking. Rather, the statute, as AGENCY: Centers for Medicare & and CMS document identifier, to amended by the Bipartisan Budget Act Medicaid Services, HHS. [email protected]. of 2018, has already required that the ACTION: Notice. 3. Call the Reports Clearance Office at agency make these changes, and we are (410) 786–1326. simply notifying the public of the SUMMARY: The Centers for Medicare & extension of certain temporary changes Medicaid Services (CMS) is announcing FOR FURTHER INFORMATION CONTACT: to the payment adjustment for low- an opportunity for the public to William Parham at (410) 786–4669. volume hospitals and the MDH program comment on CMS’ intention to collect SUPPLEMENTARY INFORMATION:

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Contents questions regarding this collection Supportive Services for Holocaust This notice sets out a summary of the contact Julie Stankivic at 410–786– Survivors. Recipient: The Jewish Federations of use and burden associated with the 5725.) Dated: April 20, 2018. North America. following information collections. More Period of Performance: The detailed information can be found in William N. Parham, III, supplement award will be issued for the each collection’s supporting statement Director, Paperwork Reduction Staff, Office fourth year of the five-year project and associated materials (see of Strategic Operations and Regulatory period of September 30, 2015 through Affairs. ADDRESSES). September 29, 2020. [FR Doc. 2018–08723 Filed 4–25–18; 8:45 am] CMS–2540–10 Skilled Nursing Total Award Amount: $4,935,000 in Facility and Skilled Nursing Facility BILLING CODE 4120–01–P FY 2018. Cost Report Award Type: Cooperative Agreement Supplement. Under the PRA (44 U.S.C. 3501– DEPARTMENT OF HEALTH AND Statutory Authority: The Older 3520), federal agencies must obtain HUMAN SERVICES Americans Act (OAA) of 1965, as approval from the Office of Management amended, Public Law 109–365—Title 4, and Budget (OMB) for each collection of Administration for Community Living Section 411. information they conduct or sponsor. Basis for Award: The Jewish Announcing the Intent To Award a The term ‘‘collection of information’’ is Federations of North America (JFNA) is Single-Source Supplement for the defined in 44 U.S.C. 3502(3) and 5 CFR currently funded to carry out the Advancing Person-Centered, Trauma- 1320.3(c) and includes agency requests objectives of this project, entitled Informed Supportive Services for or requirements that members of the Advancing PCTI Supportive Services for Holocaust Survivors Program public submit reports, keep records, or Holocaust Survivors for the period of provide information to a third party. September 30, 2015 through September The Administration for Community Section 3506(c)(2)(A) of the PRA 29, 2020. Since project implementation Living (ACL) announces the intent to requires federal agencies to publish a began in late 2015, the grantee has award a single-source supplement to the 60-day notice in the Federal Register accomplished a great deal. The current cooperative agreement held by concerning each proposed collection of supplement will enable the grantee to the Jewish Federations of North information, including each proposed carry their work even further, serving America for the project Advancing extension or reinstatement of an existing more Holocaust survivors and providing Person-Centered, Trauma-Informed collection of information, before even more comprehensive training and Supportive Services for Holocaust submitting the collection to OMB for technical assistance in the development Survivors. The purpose of this project is approval. To comply with this of PCTI supportive services. The to, (1) advance the development and requirement, CMS is publishing this additional funding will not be used to expansion of person-centered, trauma- notice. begin new projects or activities. informed (PCTI) supportive services for The JFNA is uniquely positioned to Information Collection Holocaust survivors living in the U.S. complete the work called for under this 1. Type of Information Collection and, (2) improve the nation’s overall project. JFNA and its project partners, Request: Extension of a currently capacity to deliver PCTI health and including the Network of Jewish Human approved collection; Title of human services for this population and Services Agencies (NJHSA), and the Information Collection: Skilled Nursing to any older adult with a history of Conference on Material Claims Against Facility and Skilled Nursing Facility trauma. The administrative supplement Germany (Claims Conference), have the Cost Report; Use: Providers of services for FY 2018 will be in the amount of cultural competence and long history of participating in the Medicare program $2,467,000, bringing the total award for serving and advocating for Holocaust are required under sections 1815(a), FY 2018 to $4,935,000. survivors. Additionally, JFNA is already 1833(e) and 1861(v)(1)(A) of the Social The additional funding will not be working in collaboration with numerous Security Act (42 U.S.C. 1395g) to submit used to begin new projects, but to serve partners representing a broad cross annual information to achieve more Holocaust survivors with vital section of the Jewish human services settlement of costs for health care supports such as legal assistance, case network (e.g., Selfhelp Community services rendered to Medicare management, transportation, medication Services, Bet Tzedek, The Blue Card, beneficiaries. In addition, regulations at management, social engagement and the Orthodox Union of America) 42 CFR 413.20 and 413.24 require activities designed to reduce isolation, and the ‘‘mainstream aging services adequate cost data and cost reports from loneliness and depression, and supports network,’’ (e.g., Meals on Wheels of providers on an annual basis. The Form for family caregivers, all of which will America (MoWA), the National CMS–2540–10 cost report is needed to employ PCTI approaches. The Association of Area Agencies on Aging determine a provider’s reasonable cost additional funds will also be used to (n4a), the National Council on Aging incurred in furnishing medical services expand existing technical assistance (NCOA), Leading Age and other to Medicare beneficiaries and activities, under the second objective, in members of the Leadership Council of reimbursement due to or from a a variety of ways, including replicating Aging Organizations [LCAO]). provider. Reimbursement outside of the and translating proven models of PCTI Establishing an entirely new grant PPS may be for payment of Medicare developed under this grant; developing project at this time would be potentially reimbursable bad debt. Form Number: new training materials, curricula and disruptive to the current work already CMS–2540–10 (OMB control number: partnerships to aid in the replication of well under way. More importantly, the 0938–0463); Frequency: Yearly; Affected PCTI practices; enhance and expand the Holocaust survivors currently being Public: Private Sector; Not-for-profit evaluation activities currently under served by this project could be institutions, Businesses or other for- way; and enhance website capacities for negatively impacted by a service profits; Number of Respondents: 14,486; improved information dissemination. disruption, thus posing the risk of re- Total Annual Responses: 14,486; Total Program Name: Advancing Person- traumatization and further negative Annual Hours: 2,926,172. (For policy Centered, Trauma-Informed (PCTI) impacts on health and wellbeing. If this

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supplement were not provided, the For those unable to attend in person, present data, information, or views, project would be less able to address the the meeting will also be webcast and orally or in writing, on issues pending significant unmet needs of additional will be available at the following link: before the committee. Written Holocaust survivors. Similarly, the https://collaboration.fda.gov/ submissions may be made to the contact project would be unable to expand its vrbpac2018/. person on or before May 10, 2018. Oral current technical assistance and training FOR FURTHER INFORMATION CONTACT: presentations from the public will be efforts in PCTI concepts and Serina Hunter-Thomas or Rosanna scheduled between approximately 12:35 approaches, let alone reach beyond Harvey, Center for Biologics Evaluation p.m. to 1:20 p.m. for the GBS vaccine traditional providers of services to this and Research, Food and Drug portion of the meeting, and 3:50 p.m. to population to train more ‘‘mainstream’’ Administration, 10903 New Hampshire 4:05 p.m. for the overview portion of the providers of aging services. Ave., Bldg. 71, Rm. 6338, Silver Spring, LRVD Site Visit. Those individuals For More Information Contact: For MD 20993–0002, 240–402–5771, interested in making formal oral further information or comments [email protected] and presentations should notify the contact regarding this program supplement, 240–402–8072, rosanna.harvey@ person and submit a brief statement of contact Greg Link, U.S. Department of fda.hhs.gov, or FDA Advisory the general nature of the evidence or Health and Human Services, Committee Information Line, 1–800– arguments they wish to present, the Administration for Community Living, 741–8138 (301–443–0572 in the names and addresses of proposed Administration on Aging, Office of Washington, DC area). A notice in the participants, and an indication of the Supportive and Caregiver Services: Federal Register about last minute approximate time requested to make telephone (202)–795–7386; email modifications that impact a previously their presentation on or before May 2, [email protected]. announced advisory committee meeting 2018. Time allotted for each Dated: April 18, 2018. cannot always be published quickly presentation may be limited. If the Mary Lazare, enough to provide timely notice. number of registrants requesting to speak is greater than can be reasonably Principal Deputy Administrator. Therefore, you should always check the Agency’s website at https:// accommodated during the scheduled [FR Doc. 2018–08708 Filed 4–25–18; 8:45 am] www.fda.gov/AdvisoryCommittees/ open public hearing session, FDA may BILLING CODE 4154–01–P default.htm and scroll down to the conduct a lottery to determine the appropriate advisory committee meeting speakers for the scheduled open public hearing session. The contact person will DEPARTMENT OF HEALTH AND link, or call the advisory committee notify interested persons regarding their HUMAN SERVICES information line to learn about possible modifications before coming to the request to speak by May 3, 2018. Food and Drug Administration meeting. Closed Committee Deliberations: On SUPPLEMENTARY INFORMATION: May 17, 2018, from 4:10 p.m. to 4:45 [Docket No. FDA–2018–N–1489] Agenda: On May 17, 2018, under p.m., the meeting will be closed to Topic I, the Center for Biologics permit discussion where disclosure Vaccines and Related Biological Evaluation and Research’s (CBER) would constitute a clearly unwarranted Products Advisory Committee; Notice VRBPAC will meet in open session to invasion of personal privacy (5 U.S.C. of Meeting discuss approaches for demonstrating 552b(c)(6)). The recommendations of the effectiveness of group B streptococcus advisory committee regarding the AGENCY: Food and Drug Administration, (GBS) vaccines intended for use in progress of the investigator’s research HHS. pregnant women to protect the newborn will, along with other information, be ACTION: Notice. infant. Also on May 17, 2018, under used in making personnel and staffing Topic II, the committee will meet in decisions regarding individual SUMMARY: The Food and Drug open session to hear an overview of the scientists. Administration (FDA) announces a We believe that public discussion of forthcoming public advisory committee research program in the Laboratory of Respiratory Viral Diseases (LRVD), these recommendations on individual meeting of the Vaccines and Related scientists would constitute an Biological Products Advisory Division of Viral Products, Office of Vaccines Research and Review, CBER, unwarranted invasion of personal Committee (VRBPAC). The general privacy. function of the committee is to provide FDA. FDA intends to make background Persons attending FDA’s advisory advice and recommendations to the material available to the public no later committee meetings are advised that the Agency on FDA’s regulatory issues. At than 2 business days before the meeting. Agency is not responsible for providing least one portion of the meeting will be If FDA is unable to post the background access to electrical outlets. closed to the public. material on its website prior to the FDA welcomes the attendance of the DATES: The meeting will be held on May meeting, the background material will public at its advisory committee 17, 2018, from 8 a.m. to 4:45 p.m. be made publicly available at the meetings and will make every effort to ADDRESSES: FDA White Oak Campus, location of the advisory committee accommodate persons with disabilities. 10903 New Hampshire Ave., Bldg. 31 meeting, and the background material If you require accommodations due to a Conference Center, the Great Room (Rm. will be posted on FDA’s website after disability, please contact Serina Hunter- 1503), Silver Spring, MD 20993–0002. the meeting. Background material is Thomas at least 7 days in advance of the Answers to commonly asked questions available at https://www.fda.gov/ meeting (see, FOR FURTHER INFORMATION including information regarding special AdvisoryCommittees/Calendar/ CONTACT). accommodations due to a disability, default.htm. Scroll down to the FDA is committed to the orderly visitor parking, and transportation may appropriate advisory committee meeting conduct of its advisory committee be accessed at: https://www.fda.gov/ link. meetings. Please visit our website at: AdvisoryCommittees/ Procedure: On May 17, 2018, from 8 https://www.fda.gov/ AboutAdvisoryCommittees/ a.m. to 4:10 p.m., the meeting is open AdvisoryCommittees/AboutAdvisory ucm408555.htm. to the public. Interested persons may Committees/ucm111462.htm for

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procedures on public conduct during Submit either electronic or written identified, as confidential, if submitted advisory committee meetings. comments on this public meeting by as detailed in ‘‘Instructions.’’ Notice of this meeting is given under that date. Please note that late, untimely Instructions: All submissions received the Federal Advisory Committee Act (5 filed comments will not be considered. must include Docket No. FDA–2018–N– U.S.C. app. 2). Electronic comments must be submitted 1439 for ‘‘Pediatric Advisory Committee Dated: April 20, 2018. on or before May 10, 2018. The https:// and the Endocrinologic and Metabolic Leslie Kux, www.regulations.gov electronic filing Drugs Advisory Committee; Notice of Meeting; Establishment of a Public Associate Commissioner for Policy. system will accept comments until midnight Eastern Time at the end of Docket; Request for Comments.’’ [FR Doc. 2018–08711 Filed 4–25–18; 8:45 am] May 10, 2018. Comments received by Received comments, those filed in a BILLING CODE 4164–01–P mail/hand delivery/courier (for written/ timely manner (see ADDRESSES), will be paper submissions) will be considered placed in the docket and, except for DEPARTMENT OF HEALTH AND timely if they are postmarked or the those submitted as ‘‘Confidential HUMAN SERVICES delivery service acceptance receipt is on Submissions,’’ publicly viewable at or before that date. https://www.regulations.gov or at the Food and Drug Administration Comments received on or before May Dockets Management Staff between 9 4, 2018, will be provided to the a.m. and 4 p.m., Monday through [Docket No. FDA–2018–N–1439] committee. Comments received after Friday. • Confidential Submissions—To Pediatric Advisory Committee and the that date will be taken into submit a comment with confidential Endocrinologic and Metabolic Drugs consideration by FDA. information that you do not wish to be Advisory Committee; Notice of You may submit comments as made publicly available, submit your Meeting; Establishment of a Public follows: comments only as a written/paper Docket; Request for Comments Electronic Submissions submission. You should submit two AGENCY: Food and Drug Administration, Submit electronic comments in the copies total. One copy will include the HHS. following way: information you claim to be confidential ACTION: Notice; establishment of a • Federal eRulemaking Portal: with a heading or cover note that states public docket; request for comments. https://www.regulations.gov. Follow the ‘‘THIS DOCUMENT CONTAINS instructions for submitting comments. CONFIDENTIAL INFORMATION.’’ FDA SUMMARY: The Food and Drug Comments submitted electronically, will review this copy, including the Administration (FDA) announces a including attachments, to https:// claimed confidential information, in its forthcoming public advisory committee www.regulations.gov will be posted to consideration of comments. The second meeting of the Pediatric Advisory the docket unchanged. Because your copy, which will have the claimed Committee (PAC) and the comment will be made public, you are confidential information redacted/ Endocrinologic and Metabolic Drugs solely responsible for ensuring that your blacked out, will be available for public Advisory Committee (EMDAC). At least comment does not include any viewing and posted on https:// one portion of the meeting will be confidential information that you or a www.regulations.gov. Submit both closed to the public. The general third party may not wish to be posted, copies to the Dockets Management Staff. function of the committees is to provide such as medical information, your or If you do not wish your name and advice and recommendations to FDA on anyone else’s Social Security number, or contact information be made publicly regulatory issues. FDA is establishing a confidential business information, such available, you can provide this docket for public comments on this as a manufacturing process. Please note information on the cover sheet and not document. that if you include your name, contact in the body of your comments and you DATES: The meeting will be held on May information, or other information that must identify the information as 11, 2018, from 8 a.m. to 6 p.m. This is identifies you in the body of your ‘‘confidential.’’ Any information marked a reschedule of a postponed meeting comments, that information will be as ‘‘confidential’’ will not be disclosed announced in the Federal Register of posted on https://www.regulations.gov. except in accordance with 21 CFR 10.20 January 23, 2018 (83 FR 3156), • If you want to submit a comment and other applicable disclosure law. For originally scheduled for March 22, 2018. with confidential information that you more information about FDA’s posting An amendment to the Federal Register do not wish to be made available to the of comments to public dockets, see 80 notice was published on March 16, 2018 public, submit the comment as a FR 56469, September 18, 2015, or access (83 FR 11755). written/paper submission and in the the information at: https://www.gpo.gov/ ADDRESSES: Tommy Douglas Conference manner detailed (see ‘‘Written/Paper fdsys/pkg/FR-2015-09-18/pdf/2015- Center, 10000 New Hampshire Ave., Submissions’’ and ‘‘Instructions’’). 23389.pdf. Docket: For access to the docket to Silver Spring, MD 20903. Answers to Written/Paper Submissions commonly asked questions about FDA read background documents or the Advisory Committee meetings may be Submit written/paper submissions as electronic and written/paper comments accessed at: https://www.fda.gov/ follows: received, go to https:// AdvisoryCommittees/ • Mail/Hand delivery/Courier (for www.regulations.gov and insert the AboutAdvisoryCommittees/ written/paper submissions): Dockets docket number, found in brackets in the ucm408555.htm. Information about the Management Staff (HFA–305), Food and heading of this document, into the Tommy Douglas Conference Center can Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts be accessed at https:// Lane, Rm. 1061, Rockville, MD 20852. and/or go to the Dockets Management www.tommydouglascenter.com. • For written/paper comments Staff, 5630 Fishers Lane, Rm. 1061, FDA is establishing a docket for submitted to the Dockets Management Rockville, MD 20852. public comment on this meeting. The Staff, FDA will post your comment, as FOR FURTHER INFORMATION CONTACT: docket number is FDA–2018–N–1439. well as any attachments, except for Marieann Brill, Office of the The docket will close on May 10, 2018. information submitted, marked and Commissioner, Food and Drug

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Administration, 10903 New Hampshire their presentation on or before May 4, National Vaccine Injury Compensation Ave., Bldg. 32, Rm. 5154, Silver Spring, 2018. Time allotted for each Program (the program), as required by MD 20993, 240–402–3838, email: presentation may be limited. If the the Public Health Service (PHS) Act, as [email protected], or FDA number of registrants requesting to amended. While the Secretary of HHS is Advisory Committee Information Line, speak is greater than can be reasonably named as the respondent in all 1–800–741–8138 (301–443–0572 in the accommodated during the scheduled proceedings brought by the filing of Washington, DC area). A notice in the open public hearing session, FDA may petitions for compensation under the Federal Register about last minute conduct a lottery to determine the program, the United States Court of modifications that impact a previously speakers for the scheduled open public Federal Claims is charged by statute announced advisory committee meeting hearing session. The contact person will with responsibility for considering and cannot always be published quickly notify interested persons regarding their acting upon the petitions. enough to provide timely notice. request to speak by May 7, 2018. FOR FURTHER INFORMATION CONTACT: For Therefore, you should always check the Closed Committee Deliberations: On information about requirements for Agency’s website at https:// May 11, 2018, from 8 a.m. to 11 a.m., filing petitions and the program in www.fda.gov/AdvisoryCommittees/ the meeting will be closed to permit general, contact Lisa L. Reyes, Clerk of default.htm and scroll down to the discussion and review of trade secret Court, United States Court of Federal appropriate advisory committee meeting and/or confidential commercial Claims, 717 Madison Place NW, link, or call the advisory committee information (5 U.S.C. 552b(c)(4)). Washington, DC 20005, (202) 357–6400. information line to learn about possible During this session, the committees will For information on HRSA’s role in the modifications before coming to the discuss the premarketing drug Program, contact the Director, National meeting. development program of an Vaccine Injury Compensation Program, SUPPLEMENTARY INFORMATION: investigational product. 5600 Fishers Lane, Room 08N146B, Agenda: On Friday, May 11, 2018, the Persons attending FDA’s advisory Rockville, MD 20857; (301) 443–6593, PAC and EMDAC will meet to discuss committee meetings are advised that or visit our website at: http:// drug development for the treatment of FDA is not responsible for providing www.hrsa.gov/vaccinecompensation/ children with achondroplasia. The access to electrical outlets. index.html. FDA welcomes the attendance of the following topics should be considered SUPPLEMENTARY INFORMATION: The public at its advisory committee for discussion: Evidence required to program provides a system of no-fault meetings and will make every effort to establish dose-response, study design, compensation for certain individuals accommodate persons with disabilities. study duration, intended population, who have been injured by specified If you require accommodations due to a and endpoints. In the open session, the childhood vaccines. Subtitle 2 of Title disability, please contact Marieann Brill committee does not intend to discuss XXI of the PHS Act, 42 U.S.C. 300aa– (see FOR FURTHER INFORMATION CONTACT) any individual research programs. 10 et seq., provides that those seeking at least 7 days in advance of the FDA intends to make background compensation are to file a petition with material available to the public no later meeting. FDA is committed to the orderly the United States Court of Federal than 2 business days before the meeting. conduct of its advisory committee Claims and to serve a copy of the If FDA is unable to post the background meetings. Please visit our website at petition on the Secretary of HHS, who material on its website prior to the https://www.fda.gov/ is named as the respondent in each meeting, the background material will AdvisoryCommittees/AboutAdvisory proceeding. The Secretary has delegated be made publicly available at the Committees/ucm111462.htm for this responsibility under the program to location of the advisory committee procedures on public conduct during HRSA. The Court is directed by statute meeting, and the background material advisory committee meetings. to appoint special masters who take will be posted on FDA’s website after Notice of this meeting is given under evidence, conduct hearings as the meeting. Background material is the Federal Advisory Committee Act appropriate, and make initial decisions available at https://www.fda.gov/ (5 U.S.C. app. 2). as to eligibility for, and amount of, AdvisoryCommittees/Calendar/ compensation. default.htm. Scroll down to the Dated: April 20, 2018. A petition may be filed with respect appropriate advisory committee meeting Leslie Kux, to injuries, disabilities, illnesses, link. Associate Commissioner for Policy. conditions, and deaths resulting from Procedure: On May 11, 2018, from [FR Doc. 2018–08766 Filed 4–25–18; 8:45 am] vaccines described in the Vaccine Injury 12 p.m. to 6 p.m., the meeting is open BILLING CODE 4164–01–P Table (the table) set forth at 42 CFR to the public. Interested persons may 100.3. This table lists for each covered present data, information, or views, childhood vaccine the conditions that orally or in writing, on issues pending DEPARTMENT OF HEALTH AND may lead to compensation and, for each before the committee. Written HUMAN SERVICES condition, the time period for submissions may be made to the contact occurrence of the first symptom or person on or before May 4, 2018. Oral Health Resources and Services manifestation of onset or of significant presentations from the public will be Administration aggravation after vaccine scheduled between approximately administration. Compensation may also National Vaccine Injury Compensation 1 p.m. and 2:30 p.m. Those individuals be awarded for conditions not listed in Program; List of Petitions Received interested in making formal oral the Table and for conditions that are presentations should notify the contact AGENCY: Health Resources and Services manifested outside the time periods person and submit a brief statement of Administration (HRSA), Department of specified in the table, but only if the the general nature of the evidence or Health and Human Services (HHS). petitioner shows that the condition was arguments they wish to present, the ACTION: Notice. caused by one of the listed vaccines. names and addresses of proposed Section 2112(b)(2) of the PHS Act, 42 participants, and an indication of the SUMMARY: HRSA is publishing this U.S.C. 300aa–12(b)(2), requires that approximate time requested to make notice of petitions received under the ‘‘[w]ithin 30 days after the Secretary

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receives service of any petition filed Dated: April 20, 2018. 22. Michael Bull, Kansas City, Kansas, under section 2111 the Secretary shall George Sigounas, Court of Federal Claims No: 18– publish notice of such petition in the Administrator. 0361V Federal Register.’’ Set forth below is a 23. Steven Fletcher, Boston, list of petitions received by HRSA on List of Petitions Filed Massachusetts, Court of Federal March 1, 2018, through March 31, 2018. 1. Gerald Kiel, Farmington Hills, Claims No: 18–0362V This list provides the name of Michigan, Court of Federal Claims 24. Laura Johnson, Grand Rapids, petitioner, city and state of vaccination No: 18–0314V Michigan, Court of Federal Claims (if unknown then city and state of 2. Jill Silver, Brighton, Michigan, Court No: 18–0363V person or attorney filing claim), and of Federal Claims No: 18–0315V 25. Karen Cain, Madill, Oklahoma, case number. In cases where the Court 3. Mark Kelner, Salisbury, North Court of Federal Claims No: 18– has redacted the name of a petitioner Carolina, Court of Federal Claims 0364V and/or the case number, the list reflects No: 18–0316V 26. Elmia Walker, Carteret, New Jersey, such redaction. 4. Amy Morris, Drumright, Oklahoma, Court of Federal Claims No: 18– 0366V Section 2112(b)(2) also provides that Court of Federal Claims No: 18– 0317V 27. Yeshi Fesaha Mengistu, North Bend, the special master ‘‘shall afford all Washington, Court of Federal 5. Marcie Unrue, Crown Point, Indiana, interested persons an opportunity to Claims No: 18–0368V Court of Federal Claims No: 18– submit relevant, written information’’ 28. Karen Booth on behalf of J.B., 0323V relating to the following: Towson, Maryland, Court of Federal 6. Lesa Myers, Philadelphia, 1. The existence of evidence ‘‘that Claims No: 18–0372V there is not a preponderance of the Pennsylvania, Court of Federal 29. Kari Smith, Junction City, Oregon, evidence that the illness, disability, Claims No: 18–0324V Court of Federal Claims No: 18– injury, condition, or death described in 7. Janie Miller, Upper Arlington, Ohio, 0374V the petition is due to factors unrelated Court of Federal Claims No: 18– 30. Christa Jean Bingham, Des Moines, to the administration of the vaccine 0327V Washington, Court of Federal described in the petition,’’ and 8. Matthew Rhodes, Alexandria, Claims No: 18–0376V Virginia, Court of Federal Claims 2. Any allegation in a petition that the 31. Jayne Purdom, El Dorado Springs, No: 18–0329V petitioner either: Missouri, Court of Federal Claims 9. Debra L. Bevel on behalf of Michael No: 18–0377V a. ‘‘[S]ustained, or had significantly S. Bevel, Tulsa, Oklahoma, Court of 32. Clemey Robinson, Chicago, Illinois, aggravated, any illness, disability, Federal Claims No: 18–0331V Court of Federal Claims No: 18– injury, or condition not set forth in the 10. Derek Clark, Lakewood, Ohio, Court 0378V Vaccine Injury Table but which was of Federal Claims No: 18–0332V 33. Robert Folino, Saugus, caused by’’ one of the vaccines referred 11. John Morgan, Phoenix, Arizona, Massachusetts, Court of Federal to in the Table, or Court of Federal Claims No: 18– Claims No: 18–0380V b. ‘‘[S]ustained, or had significantly 0336V 34. Julia Wells, Deltona, Florida, Court aggravated, any illness, disability, 12. Ronni Cook, Chambersburg, of Federal Claims No: 18–0381V injury, or condition set forth in the Pennsylvania, Court of Federal 35. Clifton E. Carlton, Sr., Mankato, Vaccine Injury Table the first symptom Claims No: 18–0337V Minnesota, Court of Federal Claims or manifestation of the onset or 13. Kim Duguay, Lewiston, Maine, No: 18–0384V significant aggravation of which did not Court of Federal Claims No: 18– 36. Patricia Garcia, Phoenix, Arizona, occur within the time period set forth in 0340V Court of Federal Claims No: 18– the Table but which was caused by a 14. Kathleen Gullo, Scotts Valley, 0385V vaccine’’ referred to in the table. Arizona, Court of Federal Claims 37. William Morrison, Sarasota, Florida, In accordance with Section No: 18–0350V Court of Federal Claims No: 18– 2112(b)(2), all interested persons may 15. Tamara Kuypers, Burlington, 0386V 38. Ronnie A Newcomer, Clarksville, submit written information relevant to Vermont, Court of Federal Claims Tennessee, Court of Federal Claims the issues described above in the case of No: 18–0351V 16. Clayton T. Coleman, Novi, No: 18–0388V the petitions listed below. Any person 39. Gerald Gordon, Phoenix, Arizona, Michigan, Court of Federal Claims choosing to do so should file an original Court of Federal Claims No: 18– No: 18–0352V and three (3) copies of the information 0390V with the Clerk of the United States 17. Brianna Rich and Jeffrey Rich on 40. Beverly Blad, Penn Yan, New York, Court of Federal Claims at the address behalf of S.G.R., Albuquerque, New Court of Federal Claims No: 18– listed above (under the heading FOR Mexico, Court of Federal Claims 0391V FURTHER INFORMATION CONTACT), with a No: 18–0353V 41. Irene Russano, Waldwick, New copy to HRSA addressed to Director, 18. Cheryl Doster-Anderson, Orlando, Jersey, Court of Federal Claims No: Division of Injury Compensation Florida, Court of Federal Claims No: 18–0392V Programs, Healthcare Systems Bureau, 18–0354V 42. Jay LaMont, Logan, Utah, Court of 5600 Fishers Lane, 08N146B, Rockville, 19. Desirea Tyler, Fort Wayne, Indiana, Federal Claims No: 18–0394V MD 20857. The Court’s caption Court of Federal Claims No: 18– 43. Sabrina Chappell-Strickland, (Petitioner’s Name v. Secretary of HHS) 0355V Morrisville, North Carolina, Court and the docket number assigned to the 20. Alicea Armstrong on behalf of of Federal Claims No: 18–0396V petition should be used as the caption Kenneth Armstrong, Deceased, 44. Raymond Markarian, Santa Clarita, for the written submission. Chapter 35 Baltimore, Maryland, Court of California, Court of Federal Claims of title 44, United States Code, related Federal Claims No: 18–0356V No: 18–0397V to paperwork reduction, does not apply 21. Youhong Lu, Santa Clara, California, 45. Nancy Brock, Sicklerville, New to information required for purposes of Court of Federal Claims No: 18– Jersey, Court of Federal Claims No: carrying out the program. 0358V 18–0399V

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46. Argelio Garcia, North Bend, 69. Miranda Sellers, Washington, 93. Barbara Plowman, Knoxville, Washington, Court of Federal District of Columbia, Court of Tennessee, Court of Federal Claims Claims No: 18–0401V Federal Claims No: 18–0435V No: 18–0469V 47. Jo Ann Gilbert, Pennsville, New 70. John Bayles, Washington, District of 94. Kelly Dean, Lancaster, Ohio, Court Jersey, Court of Federal Claims No: Columbia, Court of Federal Claims of Federal Claims No: 18–0470V 18–0402V No: 18–0436V 95. Rita Czyzewski, Berlin, New Jersey, 48. Travis Eason, Montgomery, 71. Louie Garcia, Washington, District of Court of Federal Claims No: 18– Alabama, Court of Federal Claims Columbia, Court of Federal Claims 0471V No: 18–0406V No: 18–0438V 96. Philip Yeakel, Washington, District 49. Sean Kaplan, Chicago, Illinois, Court 72. Gail Linville, Washington, District of of Columbia, Court of Federal of Federal Claims No: 18–0407V Columbia, Court of Federal Claims Claims No: 18–0472V 50. Amarachi Grace Otuokere, Austin, No: 18–0439V 97. Benjamin Taylor, Dresher, 73. A L V and M V on behalf of AA— Texas, Court of Federal Claims No: Pennsylvania, Court of Federal VV, Park Ridge, Illinois, Court of 18–0409V Claims No: 18–0473V 51. Shelle Johnson, Chatfield, Federal Claims No: 18–0440V Minnesota, Court of Federal Claims 74. Tiffany Dagen, Middletown, [FR Doc. 2018–08715 Filed 4–25–18; 8:45 am] No: 18–0410V Pennsylvania, Court of Federal BILLING CODE 4165–15–P 52. Amber Etheridge, Tuscaloosa, Claims No: 18–0442V Alabama, Court of Federal Claims 75. Sharon Gregory, Durham, North DEPARTMENT OF HEALTH AND No: 18–0411V Carolina, Court of Federal Claims HUMAN SERVICES 53. Mary E. Lyons, Seattle, Washington, No: 18–0444V 76. Denise Bigda, Boston, Court of Federal Claims No: 18– Establishment of the National Clinical 0414V Massachusetts, Court of Federal Claims No: 18–0445V Care Commission and Solicitation of 54. Christian Park, Dothan, Alabama, Nominations for Commission Members Court of Federal Claims No: 18– 77. Virginia Wilt, Norristown, 0415V Pennsylvania, Court of Federal AGENCY: Office of Disease Prevention 55. Jennifer Talbot, South Weymouth, Claims No: 18–0446V and Health Promotion, Office of the Massachusetts, Court of Federal 78. Spencer Vick, Fayetteville, Georgia, Assistant Secretary for Health, Office of Claims No: 18–0416V Court of Federal Claims No: 18– the Secretary, U.S. Department of Health 56. Joy Houston, New Orleans, 0447V and Human Services. 79. Kevin Randall, Haddonfield, New Louisiana, Court of Federal Claims ACTION: Notice. No: 18–0420V Jersey, Court of Federal Claims No: 18–0448V 57. Kristian M. Ellingsen, Sterling, SUMMARY: The U.S. Department of Virginia, Court of Federal Claims 80. Karen Owens, Gainesville, Florida, Court of Federal Claims No: 18– Health and Human Services (HHS) No: 18–0421V hereby announces the establishment of 58. Harry D. Tanner, Jr., Monroe, North 0449V 81. Noah E. Musick, Greensboro, North the National Clinical Care Commission Carolina, Court of Federal Claims Carolina, Court of Federal Claims (the Commission) pursuant to the No: 18–0422V National Clinical Care Commission Act. 59. Philip Arcadipane, Brockton, No: 18–0451V 82. Zina Sanders, Tampa, Florida, Court The Commission will consist of Massachusetts, Court of Federal of Federal Claims No: 18–0452V representatives of specific federal Claims No: 18–0423V 83. Linda D. Kooker, Erie, Pennsylvania, agencies and non-federal individuals 60. Keith McCarville, Newton, Iowa, Court of Federal Claims No: 18– and entities who represent diverse Court of Federal Claims No: 18– 0453V disciplines and views. The Commission 0424V 84. Vincent Ricciardi, Deer Park, New will evaluate and make 61. Sharon Rons, Sioux Falls, South York, Court of Federal Claims No: recommendations to the HHS Secretary Dakota, Court of Federal Claims No: 18–0455V and Congress regarding improvements 18–0425V 85. Raine Learn, Corning, New York, to the coordination and leveraging of 62. Mary George, Boston, Massachusetts, Court of Federal Claims No: 18– federal programs related to awareness Court of Federal Claims No: 18– 0456V and clinical care for complex metabolic 0426V 86. Laura Russell, Dresher, or autoimmune diseases that result from 63. Sandra Posh-Denzler, Stratford, Pennsylvania, Court of Federal issues related to insulin that represent a Connecticut, Court of Federal Claims No: 18–0457V significant disease burden in the United Claims No: 18–0427V 87. Jodi Mickelson, Clarion, Iowa, Court States, which may include 64. Richard Chester, Minocqua, of Federal Claims No: 18–0459V complications due to such diseases. Wisconsin, Court of Federal Claims 88. Chelsea Engel on behalf of A.E., Through this notice, HHS is also No: 18–0428V Dresher, Pennsylvania, Court of requesting nominations of individuals 65. Rebekah Morgan, Henderson, Federal Claims No: 18–0461V who are interested in being considered Nevada, Court of Federal Claims 89. Leonard E Smith, Greensboro, North for appointment to the Commission. No: 18–0429V Carolina, Court of Federal Claims Resumes or curricula vitae from 66. Ruby Katherine Gordon on behalf of No: 18–0462V qualified individuals who wish to be C.C., Kings Mountain, North 90. Charla Thornton, Washington, considered for appointment as a Carolina, Court of Federal Claims District of Columbia, Court of member of the Commission are No: 18–0431V Federal Claims No: 18–0464V currently being accepted. 67. Dawn Eberhardt, Madison, 91. Patricia Kelley, Washington, District Wisconsin, Court of Federal Claims of Columbia, Court of Federal DATES: Nominations must be received No: 18–0432V Claims No: 18–0466V no later than close of business May 29, 68. Rufus D. Parker, Shelby, North 92. Richard Proctor, Washington, 2018. Carolina, Court of Federal Claims District of Columbia, Court of ADDRESSES: Qualified persons and No: 18–0434V Federal Claims No: 18–0468V interested organizations are invited to

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submit nominations by any of the to individuals with the diseases and covered under a health plan or health following methods: complications; insurance coverage. One of the non- • Email: [email protected] (please (3) The improvement in, and federal members shall be selected by the indicate in the subject line: National improved coordination of, federal members to serve as the Chair. Clinical Care Commission) education and awareness activities The ex-officio members and non- • Mail/Courier: Office of Disease related to the prevention and treatment federal members shall be appointed to Prevention and Health Promotion, Attn: of the diseases and complications, serve for the duration of the time that Division of Health Care Quality, which may include the utilization of the Commission is authorized to Department of Health and Human new and existing technologies; operate. Any vacancy of a non-federal Services, 1101 Wootton Parkway, Suite (4) Methods for outreach and member shall be filled in the same LL100, Rockville, MD 20852. dissemination of education and manner as the original appointments. awareness materials that— Any non-federal member who is FOR FURTHER INFORMATION CONTACT: (a) address the diseases and appointed to fill the vacancy of an Clydette Powell, MD, MPH, FAAP, complications; unexpired term shall be appointed to Director, Division of Health Care (b) are funded by the federal serve for the remainder of that term. Quality, Office of Disease Prevention government; and Pursuant to advance written and Health Promotion, Office of the (c) are intended for health care agreement, each non-federal member of Assistant Secretary for Health; U.S. professionals and the public; and the Commission will waive his or her Department of Health and Human (5) Whether there are opportunities right to compensation for performing Services; Telephone: 240–453–8239; for consolidation of inappropriately services as a member of the Email address: [email protected] (please overlapping or duplicative federal Commission. However, non-federal indicate in the subject line: National programs related to the diseases and members shall receive per diem and Clinical Care Commission). The complications. reimbursement for travel expenses Commission charter may be accessed Membership and Designation. The incurred in relation to performing duties online at https://health.gov/hcq/ Commission shall consist of 23 voting for the Commission, as authorized by national-clinical-care-commission.asp. members. The composition shall FACA and 5 U.S.C. 5703 for persons The charter includes detailed include eleven ex-officio members and who are employed intermittently to information about the purpose, twelve non-federal members. The ex- perform services for the Federal function, and structure of the officio members shall consist of the government and in accordance with Commission. heads of, or subordinate officials federal travel regulations. Ex-officio designated by the heads of, the members of the Commission remain SUPPLEMENTARY INFORMATION: The following federal departments, agencies, covered under their current National Clinical Care Commission Act or components: The Centers for (Pub. L. 115–80) requires the HHS compensation system. Medicare and Medicaid Services, the Estimated Number and Frequency of Secretary to establish the National Agency for Healthcare Research and Meetings. The Commission shall meet at Clinical Care Commission. The Quality, the Centers for Disease Control least twice and not more than four times Commission will consist of and Prevention, the Indian Health a year. These meetings may be in person representatives of specific federal Service, the National Institutes of or conducted by teleconference or agencies and non-federal individuals Health, the Food and Drug videoconference at the discretion of the and entities who represent diverse Administration, the Health Resources Designated Federal Official (DFO). The disciplines and views. The Commission and Services Administration, the Office meetings shall be open to the public, will evaluate and make of Minority Health, the Department of except as determined otherwise by the recommendations to the HHS Secretary Defense, the Department of Veterans Secretary, or other official to whom and Congress regarding improvements Affairs, and the Department of authority has been delegated, in to the coordination and leveraging of Agriculture. accordance with the guidelines under federal programs related to awareness The twelve non-federal members shall Government in the Sunshine Act, 5 and clinical care for complex metabolic be appointed as special government U.S.C. 552b(c). Notice of all meetings or autoimmune diseases that result from employees (SGEs) by the Secretary and shall be provided to the public in issues related to insulin that represent a shall have expertise in prevention, care, accordance with the FACA. Meetings significant disease burden in the United and epidemiology of any of the diseases shall be conducted and records of the States, which may include and complications described in Section proceedings shall be kept, as required complications due to such diseases. 2(a) of the National Clinical Care by applicable laws and departmental Objectives and Scope of Activities. Commission Act. The non-federal policies. A quorum is required for the The Commission shall evaluate and members shall include one or more Commission to meet to conduct make recommendations, as appropriate, members from each of the following business. A quorum shall consist of a to the Secretary and Congress regarding: categories: Physician specialties, majority of the Commission’s voting (1) Federal programs of the including clinical endocrinologists, that members. Department of Health and Human play a role in the prevention or When the Secretary or designee Services that focus on preventing and treatment of diseases and complications; determines that a meeting shall be reducing the incidence of complex primary care physicians; non-physician closed or partially closed to the public, metabolic or autoimmune diseases health care professionals; patient in accordance with stipulations of resulting from issues related to insulin advocates; national experts, including Government in the Sunshine Act, 5 that represent a significant disease public health experts; and health care U.S.C. 552b(c), then a report shall be burden in the United States, which may providers furnishing services to a prepared by the DFO that includes, at a include complications due to such patient population that consists of a minimum, a list of members and their diseases; high percentage (as specified by the business addresses, the Commission’s (2) Current activities and gaps in Secretary) of individuals who are functions, date and place of the meeting, federal efforts to support clinicians in enrolled in a state plan under title XIX and a summary of the Commission’s providing integrated, high-quality care of the Social Security Act or who are not activities and recommendations made

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during the fiscal year. A copy of the Dated: April 19, 2018. FOR FURTHER INFORMATION CONTACT: report will be provided to the Don Wright, Jomana Musmar, Acting Designated Department’s Committee Management Deputy Assistant Secretary for Health Federal Officer, Presidential Advisory Officer. (Disease Prevention and Health Promotion). Council on Combating Antibiotic- Nominations. Nominations, including [FR Doc. 2018–08797 Filed 4–25–18; 8:45 am] Resistant Bacteria, Office of the Assistant Secretary for Health, U.S. self-nominations, of individuals who BILLING CODE 4150–32–P Department of Health and Human have the specified expertise and Services, Room 715H, Hubert H. knowledge will be considered for DEPARTMENT OF HEALTH AND Humphrey Building, 200 Independence appointment as members of the HUMAN SERVICES Avenue, SW, Washington, DC 20201. Commission. A nomination should Phone: (202) 690–5566; email: CARB@ include, at a minimum, the following Meeting of the Presidential Advisory hhs.gov. for each nominee: (1) A letter of Council on Combating Antibiotic- SUPPLEMENTARY INFORMATION: nomination that clearly states the name Resistant Bacteria Under and affiliation of the nominee, the basis Executive Order 13676, dated September 18, 2014, authority was given for the nomination, and a statement AGENCY: Office of the Assistant to the Secretary of HHS to establish the from the nominee that indicates that the Secretary for Health, Office of the Advisory Council, in consultation with individual is willing to serve as a Secretary, Department of Health and Human Services. the Secretaries of Defense and member of the Commission, if selected; Agriculture. Activities of the Advisory ACTION: Notice. (2) a one-page biography that describes Council are governed by the provisions the nominee’s qualifications and, if SUMMARY: As stipulated by the Federal of Public Law 92–463, as amended (5 applicable, highlights relevant Advisory Committee Act, the U.S.C. App.), which sets forth standards experience on other federal advisory Department of Health and Human for the formation and use of federal committees; (3) the nominator’s name, Services (HHS) is hereby giving notice advisory committees. address, and daytime telephone that a meeting is scheduled to be held The Advisory Council will provide number; and the address, telephone for the Presidential Advisory Council on advice, information, and number, and email address of the Combating Antibiotic-Resistant Bacteria recommendations to the Secretary of individual being nominated; and (4) a (Advisory Council). The meeting will be HHS regarding programs and policies current copy of the nominee’s open to the public; a public comment intended to support and evaluate the curriculum vitae or resume, which session will be held during the meeting. implementation of Executive Order should be limited to no more than 30 Pre-registration is required for members 13676, including the National Strategy pages. Incomplete nomination packages of the public who wish to attend the for Combating Antibiotic-Resistant will not be reviewed. meeting and who wish to participate in Bacteria and the National Action Plan for Combating Antibiotic-Resistant Every effort will be made to ensure the public comment session. Individuals Bacteria. The Advisory Council shall that the composition of the Commission who wish to attend the meeting and/or send in their public comment via email function solely for advisory purposes. includes individuals from various In carrying out its mission, the geographic locations, including rural should send an email to [email protected]. Registration information is available on Advisory Council will provide advice, and underserved areas; racial and ethnic information, and recommendations to minorities; genders, and persons living the website http://www.hhs.gov/ash/ carb/ and must be completed by May 9, the Secretary regarding programs and with disabilities. Individuals other than 2018; all in-person attendees must pre- policies intended to preserve the officers or employees of the United register by this date. Additional effectiveness of antibiotics by States government being considered for information about registering for the optimizing their use; advance research appointment as members of the meeting and providing public comment to develop improved methods for Commission will be required to can be obtained at http://www.hhs.gov/ combating antibiotic resistance and complete and submit a report of their ash/carb/ on the Meetings page. conducting antibiotic stewardship; financial holdings. An ethics review strengthen surveillance of antibiotic- DATES: The meeting is scheduled to be must be conducted to ensure that resistant bacterial infections; prevent held on May 16, 2018, from 9:00 a.m. to individuals appointed as members of the transmission of antibiotic-resistant 4:45 p.m. ET (times are tentative and the Commission are not involved in any bacterial infections; advance the subject to change). The confirmed times development of rapid point-of-care and activity that may pose a potential and agenda items for the meeting will be conflict of interest for the official duties agricultural diagnostics; further research posted on the website for the Advisory on new treatments for bacterial that are to be performed. This is a Council at http://www.hhs.gov/ash/ federal ethics requirement that must be infections; develop alternatives to carb/ when this information becomes antibiotics for agricultural purposes; satisfied upon entering the position and available. Pre-registration for attending annually throughout the established maximize the dissemination of up-to- the meeting in person is required to be date information on the appropriate and term of appointment on the completed no later than May 9, 2018; proper use of antibiotics to the general Commission. public attendance at the meeting is public and human and animal Authority: The National Clinical Care limited to the available space. healthcare providers; and improve Commission Act (Pub. L. 115–80) requires ADDRESSES: U.S. Department of Health international coordination of efforts to establishment of the National Clinical Care and Human Services, Hubert H. combat antibiotic resistance. Commission. The Commission is governed by Humphrey Building, Great Hall, 200 The May 16, 2018, public meeting provisions of the Federal Advisory Independence Avenue SW, Washington, will be focused on the topic of antibiotic Committee Act, Public Law 92–463, as DC 20201. stewardship for animal and plant amended (5 U.S.C. App.), which sets forth The meeting can also be accessed health. The meeting agenda will be standards for the formation and use of federal through a live webcast on the day of the posted on the Advisory Council website advisory committees. meeting. For more information, at http://www.hhs.gov/ash/carb/ when it

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has been finalized. All agenda items are the 21st Century Cures Act. The tickbornedisease/meetings/index.html tentative and subject to change. subcommittees are: before submitting a request to do so via Public attendance at the meeting is 1. Disease Vectors, Surveillance and email at [email protected]. limited to the available space. Prevention (includes epidemiology of Requests to provide in-person comment Individuals who plan to attend and tick-borne diseases); are due on or before May 10, 2018. In- need special assistance, such as sign 2. Pathogenesis, Transmission, and person comments will be limited to language interpretation or other Treatment; three minutes each to accommodate as reasonable accommodations, should 3. Testing and Diagnostics (including many speakers as possible. If more notify the Advisory Council at the laboratory-based diagnoses and clinical- requests are received than can be address/telephone number listed above diagnoses); accommodated, speakers will be at least one week prior to the meeting. 4. Access to Care Services and randomly selected. The nature of the For those unable to attend in person, a Support to Patients; comments will not be considered in live webcast will be available. More 5. Vaccine and Therapeutics; and making this selection. Public comments information on registration and 6. Other Tick-Borne Diseases and Co- may also be provided in writing. accessing the webcast can be found at infections. Individuals who would like to provide http://www.hhs.gov/ash/carb/. DATES: May 15, 2018, from 9:00 a.m. to written comment should review Members of the public will have the 7:45 p.m. Eastern Time and May 16, directions at https://www.hhs.gov/ash/ opportunity to provide comments prior 2018, from 9:00 a.m. to 5:30 p.m. advisory-committees/tickbornedisease/ to the Advisory Council meeting by Eastern Time. meetings/index.html before sending emailing [email protected]. Public ADDRESSES: Hilton Crystal City their comments to tickbornedisease@ comments should be sent in by Conference Center at Washington hhs.gov on or before May 10, 2018. midnight May 9, 2018, and should be Reagan National Airport, 2399 Jefferson Background and Authority: The Tick- limited to no more than one page. All Davis Highway, Arlington, VA 22202. Borne Disease Working Group was public comments received prior to May Members of the public may also attend established on August 10, 2017, in 9, 2018, will be provided to Advisory the meeting via webcast. Instructions for accordance with section 2062 of the 21st Council members; comments are limited attending the meeting via webcast will Century Cures Act, and the Federal to two minutes per speaker. be posted one week prior to the meeting Advisory Committee Act, 5 U.S.C. App., Dated: April 19, 2018. at: https://www.hhs.gov/ash/advisory- as amended, to provide expertise and Jomana F. Musmar, committees/tickbornedisease/ review all HHS efforts related to tick- index.html. borne diseases to help ensure Acting Designated Federal Officer, Presidential Advisory Council on Combating FOR FURTHER INFORMATION CONTACT: interagency coordination and minimize Antibiotic-Resistant Bacteria Committee James Berger, Office of HIV/AIDS and overlap, examine research priorities, Manager. Infectious Disease Policy, Office of the and identify and address unmet needs. [FR Doc. 2018–08803 Filed 4–25–18; 8:45 am] Assistant Secretary for Health, In addition, the Working Group will BILLING CODE 4150–44–P Department of Health and Human report to the Secretary and Congress on Services; via email at tickbornedisease@ their findings and any recommendations hhs.gov or by phone at 202–795–7697. for the federal response to tick-borne DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: disease prevention, treatment and HUMAN SERVICES In-person attendance at the meeting is research, and addressing gaps in those limited to space available; therefore, areas. Meeting of the Tick-Borne Disease preregistration for public members is Dated: April 19, 2018. Working Group advisable and can be accomplished by James Berger, AGENCY: Office of HIV/AIDS and registering at http://events.r20. Alternate Designated Federal Officer, Office Infectious Disease Policy, Office of the constantcontact.com/register/event?llr= of HIV/AIDS and Infectious Disease Policy, Assistant Secretary for Health, Office of zz7zptzab&oeidk=a07edrodfu088eae0cf Tick-Borne Disease Working Group. the Secretary, Department of Health and by Thursday, May 10, 2018. On the day [FR Doc. 2018–08786 Filed 4–25–18; 8:45 am] Human Services. of the meeting, seating will be provided BILLING CODE 4150–28–P ACTION: Notice. first to persons who have preregistered. People who have not preregistered will SUMMARY: The Department of Health and be accommodated on a first come, first DEPARTMENT OF HEALTH AND Human Services (HHS) announces the served basis if additional seats are still HUMAN SERVICES fifth in-person meeting of the Tick- available 10 minutes before the meeting Borne Disease Working Group (Working start. Non-U.S. citizens who plan to National Institutes of Health Group) on May 15–16, 2018, from 9:00 attend in person are required to provide Center for Scientific Review; Notice of a.m. to 7:45 p.m. Eastern Time on May additional information and must notify Closed Meetings 15 and from 9:00 a.m. to 5:30 p.m. the Working Group support staff via Eastern Time on May 16. For this fifth email at [email protected] Pursuant to section 10(d) of the meeting, the Working Group will before April 30, 2018. Federal Advisory Committee Act, as provide an overview of the report to the The Working Group invites public amended, notice is hereby given of the HHS Secretary and Congress and comment on issues related to the following meetings. discuss what should be included in the Working Group’s charge. It may be The meetings will be closed to the report from the work of the six provided in-person at the meeting or in public in accordance with the Subcommittee Working Groups that writing. In-person comments will occur provisions set forth in sections were established on December 12, 2017. from 9:05 a.m. to 10:05 a.m. on May 16, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., These subcommittees were established 2018. Persons who wish to provide as amended. The grant applications and to assist the Working Group with the public comment in person should the discussions could disclose development of the report to Congress review directions at https://www.hhs. confidential trade secrets or commercial and the HHS Secretary as required by gov/ash/advisory-committees/ property such as patentable material,

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and personal information concerning The meeting will be open to the (Catalogue of Federal Domestic Assistance individuals associated with the grant public as indicated below, with Program Nos. 93.853, Clinical Research applications, the disclosure of which attendance limited to space available. Related to Neurological Disorders; 93.854, would constitute a clearly unwarranted Individuals who plan to attend and Biological Basis Research in the Neurosciences, National Institutes of Health, invasion of personal privacy. need special assistance, such as sign HHS). language interpretation or other Name of Committee: Center for Scientific Dated: April 20, 2018. Review Special Emphasis Panel; PAR Panel: reasonable accommodations, should Fogarty Global Brain Disorders 3. notify the Contact Person listed below Sylvia L. Neal, Date: April 20–25, 2018. in advance of the meeting. Program Analyst, Office of Federal Advisory Time: 10:00 a.m. to 5:00 p.m. The meeting will be closed to the Committee Policy. Agenda: To review and evaluate grant public in accordance with the [FR Doc. 2018–08717 Filed 4–25–18; 8:45 am] applications. provisions set forth in sections BILLING CODE 4140–01–P Place: National Institutes of Health, 6701 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). as amended. The grant applications and Contact Person: Suzan Nadi, Ph.D., the discussions could disclose DEPARTMENT OF HEALTH AND Scientific Review Officer, Center for confidential trade secrets or commercial HUMAN SERVICES Scientific Review, National Institutes of property such as patentable materials, Health, 6701 Rockledge Drive, Room 5217B, and personal information concerning National Institutes of Health MSC 7846, Bethesda, MD 20892, 301–435– individuals associated with the grant National Center for Complementary & 1259, [email protected]. applications, the disclosure of which This notice is being published less than 15 Integrative Health; Notice of Meeting days prior to the meeting due to the timing would constitute a clearly unwarranted limitations imposed by the review and invasion of personal privacy. Pursuant to section 10(d) of the funding cycle. Name of Committee: National Advisory Federal Advisory Committee Act, as Name of Committee: Center for Scientific Neurological Disorders and Stroke Council. amended, notice is hereby given of a Review Special Emphasis Panel; PAR Panel: Date: May 24, 2018. meeting of the National Advisory Fogarty Global Brain Disorders 2. Open: May 24, 2018, 8:00 a.m. to 2:30 p.m. Council for Complementary and Date: April 20–25, 2018. Agenda: Report by the Director, NINDS; Integrative Health. Time: 10:00 a.m. to 5:00 p.m. Report by the Director, Division of Extramural Activities; Administrative and The meeting will be open to the Agenda: To review and evaluate grant public as indicated below, with applications. Program Developments; and Overview of the Place: National Institutes of Health, 6701 NINDS Intramural Program. attendance limited to space available. Rockledge Drive, Bethesda, MD 20892 Place: National Institutes of Health, Individuals who plan to attend and (Virtual Meeting). Neuroscience Center, 6001 Executive need special assistance, such as sign Contact Person: Suzan Nadi, Ph.D., Boulevard, Rockville, MD 20852. language interpretation or other Scientific Review Officer, Center for Closed: May 24, 2018, 2:30 p.m. to 4:30 reasonable accommodations, should Scientific Review, National Institutes of p.m. notify the Contact Person listed below Health, 6701 Rockledge Drive, Room 5217B, Agenda: To review and evaluate grant applications. in advance of the meeting. MSC 7846, Bethesda, MD 20892, 301–435– The meeting will be closed to the 1259, [email protected]. Place: National Institutes of Health, This notice is being published less than 15 Neuroscience Center, 6001 Executive public in accordance with the days prior to the meeting due to the timing Boulevard, Rockville, MD 20852. provisions set forth in sections limitations imposed by the review and Closed: May 24, 2018, 4:30 p.m. to 5:00 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., funding cycle. p.m. as amended. The grant applications and Agenda: To review and evaluate the (Catalogue of Federal Domestic Assistance the discussions could disclose Division of Intramural Research Board of Program Nos. 93.306, Comparative Medicine; confidential trade secrets or commercial Scientific Counselors’ Reports. 93.333, Clinical Research, 93.306, 93.333, Place: National Institutes of Health, property such as patentable material, 93.337, 93.393–93.396, 93.837–93.844, Neuroscience Center, 6001 Executive and personal information concerning 93.846–93.878, 93.892, 93.893, National Boulevard, Rockville, MD 20852. individuals associated with the grant Institutes of Health, HHS) Contact Person: Robert Finkelstein, Ph.D., applications, the disclosure of which Dated: April 20, 2018. Director, Division of Extramural Activities, would constitute a clearly unwarranted Sylvia L. Neal, National Institute of Neurological Disorders invasion of personal privacy. and Stroke, NIH, 6001 Executive Blvd., Suite Program Analyst, Office of Federal Advisory 3309, MSC 9531, Bethesda, MD 20892, (301) Name of Committee: National Advisory Committee Policy. 496–9248. Council for Complementary and Integrative [FR Doc. 2018–08721 Filed 4–25–18; 8:45 am] Any interested person may file written Health. BILLING CODE 4140–01–P comments with the committee by forwarding Date: June 1, 2018. the statement to the Contact Person listed on Closed: 8:30 a.m. to 10:00 a.m. this notice. The statement should include the Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND name, address, telephone number and when applications. HUMAN SERVICES applicable, the business or professional Place: National Institutes of Health, affiliation of the interested person. Building 31, Conference Room 10, 31 Center National Institutes of Health In the interest of security, NIH has Drive, Bethesda, MD 20892. instituted stringent procedures for entrance Open: 10:15 a.m. to 3:30 p.m. National Institute of Neurological into Federal buildings. Visitors will be asked Agenda: A report from the Institute Acting Disorders and Stroke; Notice of to show one form of identification (for Director and Other Staff. Place: National Institutes of Health, Meeting example, a government-issued photo ID, driver’s license, or passport) and to state the Building 31, Conference Room 10, 31 Center Drive, Bethesda, MD 20892. Pursuant to section 10(d) of the purpose of their visit. Information is also available on the Contact Person: Partap Singh Khalsa, Federal Advisory Committee Act, as Institute’s/Center’s home page: http:// Ph.D., DC, Director, Division of Extramural amended, notice is hereby given of the www.ninds.nih.gov, where an agenda and Activities, National Center for National Advisory Neurological any additional information for the meeting Complementary and Integrative Health, NIH, Disorders and Stroke Council. will be posted when available. National Institutes of Health, 6707

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Democracy Blvd., Ste. 401, Bethesda, MD Place: The Alexandrian, 480 King Street, Date: May 23, 2018. 20892–5475, (301) 594–3462, khalsap@ Alexandria, VA 22314. Time: 11:00 a.m. to 5:30 p.m. mail.nih.gov. Contact Person: Ernest W Lyons, Ph.D., Agenda: To review and evaluate grant Any interested person may file written Scientific Review Officer, Scientific Review applications. comments with the committee by forwarding Branch, NINDS/NIH/DHHS, Neuroscience Place: National Institutes of Health, 6701 the statement to the Contact Person listed on Center, 6001 Executive Blvd., Suite 3208, Rockledge Drive, Bethesda, MD 20892, this notice. The statement should include the MSC 9529, Bethesda, MD 20892–9529 (301) (Virtual Meeting). name, address, telephone number and when 496–4045 [email protected]. Contact Person: Laurent Taupenot, Ph.D., applicable, the business or professional (Catalogue of Federal Domestic Assistance Scientific Review Officer, Center for affiliation of the interested person. Program Nos. 93.853, Clinical Research Scientific Review, National Institutes of In the interest of security, NIH has Related to Neurological Disorders; 93.854, Health, 6701 Rockledge Drive, Room 4188, instituted stringent procedures for entrance Biological Basis Research in the MSC 7850, Bethesda, MD 20892, 301–435– onto the NIH campus. All visitor vehicles, Neurosciences, National Institutes of Health, 1203, [email protected]. including taxicabs, hotel, and airport shuttles HHS) (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; will be inspected before being allowed on Dated: April 20, 2018. campus. Visitors will be asked to show one 93.333, Clinical Research, 93.306, 93.333, Sylvia L. Neal, form of identification (for example, a 93.337, 93.393–93.396, 93.837–93.844, government-issued photo ID, driver’s license, Program Analyst, Office of Federal Advisory 93.846–93.878, 93.892, 93.893, National or passport) and to state the purpose of their Committee Policy. Institutes of Health, HHS) visit. [FR Doc. 2018–08718 Filed 4–25–18; 8:45 am] Dated: April 20, 2018. Information is also available on the BILLING CODE 4140–01–P Sylvia L. Neal, Institute’s/Center’s home page: https:// nccih.nih.gov/about/naccih/, where an Program Analyst, Office of Federal Advisory Committee Policy. agenda and any additional information for DEPARTMENT OF HEALTH AND the meeting will be posted when available. HUMAN SERVICES [FR Doc. 2018–08720 Filed 4–25–18; 8:45 am] (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Program Nos. 93.213, Research and Training National Institutes of Health in Complementary and Integrative Health, National Institutes of Health, HHS) Center for Scientific Review; Notice of DEPARTMENT OF HOMELAND Closed Meetings SECURITY Dated: April 20, 2018. Michelle D. Trout, Pursuant to section 10(d) of the Coast Guard Program Analyst, Office of Federal Advisory Federal Advisory Committee Act, as Committee Policy. amended, notice is hereby given of the [Docket Number USCG–2018–0193] following meetings. [FR Doc. 2018–08719 Filed 4–25–18; 8:45 am] Polar Icebreaker Program; Preparation BILLING CODE 4140–01–P The meetings will be closed to the public in accordance with the of Environmental Impact Statement provisions set forth in sections AGENCY: Coast Guard, DHS. DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., ACTION: Notice of intent to prepare an HUMAN SERVICES as amended. The grant applications and Environmental Impact Statement (EIS); the discussions could disclose notice of public meeting; and request for National Institutes of Health confidential trade secrets or commercial comments. property such as patentable material, National Institute of Neurological and personal information concerning SUMMARY: The U.S. Coast Guard, as lead Disorders and Stroke; Notice of Closed individuals associated with the grant agency, is providing notice of their Meeting applications, the disclosure of which intent to prepare an environmental would constitute a clearly unwarranted impact statement (EIS) in accordance Pursuant to section 10(d) of the invasion of personal privacy. with the National Environmental Policy Federal Advisory Committee Act, as Name of Committee: Center for Scientific Act (NEPA) for the Polar Icebreaker amended, notice is hereby given of the Program’s design and build of up to six following meeting. Review Special Emphasis Panel; PAR–18– 413: Mechanistic Basis of Diffuse White polar icebreakers (PIB). Notice is hereby The meeting will be closed to the Matter Disease and Small Vessel Pathology in given that the public scoping process public in accordance with the Vascular Contributions to Cognitive has begun for the preparation of an EIS provisions set forth in sections Impairment and Dementia (VCID). that will address the impacts and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: May 22, 2018. alternatives of the Proposed Action. The as amended. The grant applications and Time: 10:30 a.m. to 5:00 p.m. purpose of the scoping process is to the discussions could disclose Agenda: To review and evaluate grant applications. solicit public comments regarding the confidential trade secrets or commercial range of issues, including potential property such as patentable material, Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 environmental impacts and alternatives and personal information concerning (Virtual Meeting). that should be addressed in the EIS. individuals associated with the grant Contact Person: Linda MacArthur, Ph.D., This notice also notifies the public that applications, the disclosure of which Scientific Review Officer, Center for the U.S. Coast Guard intends to hold would constitute a clearly unwarranted Scientific Review, National Institutes of public meetings to discuss potential invasion of personal privacy. Health, 6701 Rockledge Drive, Room 4187, issues, concerns and reasonable Name of Committee: National Institute of Bethesda, MD 20892, 301–537–9986, alternatives that should be considered [email protected]. Neurological Disorders and Stroke Special in the EIS. Following the scoping Emphasis Panel; Brain Initiative— Name of Committee: Center for Scientific meetings and comment period, a Draft Exploratory Research U01 Review. Review Special Emphasis Panel; RFA–MH– Date: May 21–22, 2018. 18–600: Development and Validation of EIS will be prepared and ultimately Time: 8:00 a.m. to 6:00 p.m. Technologies for Rapid Isolation and circulated for public comment. Agenda: To review and evaluate grant Characterization of Extracellular Vesicles of DATES: Comments and related material applications. Central Nervous System Origin. must be received by the U.S. Coast

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Guard on or before June 25, 2018. The until at least 2023, new information may but the current fleet of polar icebreakers public meetings will be held in May become available after the completion of is homeported in Seattle, Washington). 2018 in Anchorage, Utqiag˙vik (Barrow), this EIS. In that case, supplemental Polar regions are becoming Nome, and Kotzebue. The exact days NEPA documentation may, as increasingly important to U.S. national and times of the public meetings will be appropriate, be prepared in support of interests. The changing environment in announced through notice in the local individual proposed actions. Examples these regions could lead to a rise in papers (The Arctic Sounder, The of new information may include, but are human activity and increased Anchorage Daily News, and The Nome not limited to, changes to a species commercial ship, cruise ship, and naval Nugget) and online at http:// listing status or any other applicable surface ship operations, as well as www.dcms.uscg.mil/Our-Organization/ laws and directives, and information increased exploration for oil and other Assistant-Commandant-for- regarding mission, training, resources, particularly in the Arctic. Acquisitions-CG-9/Programs/Surface- homeporting, maintenance, and One of the U.S. Coast Guard’s highest Programs/Polar-Icebreaker/. eventual decommissioning of the new priorities is safety of life at sea. This ADDRESSES: You may submit comments PIBs. entails the artic responsibilities identified by docket number USCG– A new PIB would be designed to carry described above as well as assisting 2018–0193 using the Federal portal at out the U.S. Coast Guard’s primary with McMurdo Station; Antarctica http://www.regulations.gov. See the missions supported by the current polar Logistics. Long term-projected increases ‘‘Public Participation and Request for icebreaker fleet. Expected missions in U.S. Coast Guard mission demand in Comments’’ portion of the include Ice Operations, Defense the Polar Regions would require SUPPLEMENTARY INFORMATION section for Readiness, Aids to Navigation, Living additional support from PIBs. A lack of further instructions on submitting Marine Resources, Marine Safety, infrastructure, polar environmental comments. Written comments and Marine Environmental Protection, Other conditions, distance between operating related material may also be submitted Law Enforcement, Ports, Waterways, areas and support bases, all influence to U.S. Coast Guard personnel specified and Coastal Security, and Search and the U.S. Coast Guard’s ability to provide at the public meetings. Rescue. comparable service and presence In executing its various missions, the FOR FURTHER INFORMATION CONTACT: If provided in other non-polar areas of U.S. Coast Guard protects the public, operation with existing Coast Guard you have questions about this notice of the environment, and U.S. economic assets. intent, email Mr. Ahmed Majumder, and security interests in any maritime Deputy Program Manager, Polar region, including international waters Although the total number of new Icebreaker Program, U.S. Coast Guard; and the Nation’s coasts, ports, and PIBs is subject to change, no more than email [email protected]. inland waterways, as required to six are proposed or anticipated, and SUPPLEMENTARY INFORMATION: support national security. Legislation therefore, the EIS will analyze the potential impacts of the range of up to I. Table of Abbreviations and Executive orders assign the U.S. Coast Guard a wide range of six new PIBs, as this will be the highest CFR Code of Federal Regulations responsibilities applicable to Polar number projected to be operational in CGC Coast Guard Cutter the Polar Regions. Fewer than six new EIS Environmental Impact Statement regions. The U.S. Coast Guard derives its authority for the use of icebreaking PIBs is also possible, but the analysis FR Federal Register will cover impacts of fewer vessels and NEPA National Environmental Policy Act from several statutes governing PIBs Polar Icebreakers execution of its missions. These include it is expected that fewer icebreakers will U.S.C. United States Code 14 U.S.C. 81 (Coast Guard result in either similar impacts or some combination that should result in fewer II. Background and Purpose establishment, maintenance, and operation of aids to navigation), 14 impacts than what will be discussed The U.S. Coast Guard’s current fleet of U.S.C. 88 (Coast Guard saving of life and and evaluated in the EIS. Potential PIBs consists of two heavy icebreakers, property), 14 U.S.C. 89 (Coast Guard law environmental stressors include Coast Guard Cutter (CGC) POLAR STAR enforcement), 14 U.S.C. 90 (Arctic acoustic (underwater acoustic and CGC POLAR SEA, and one medium maritime transportation), 14 U.S.C. 91 transmissions, vessel noise, icebreaking icebreaker, CGC HEALY. The U.S. Coast (controlling anchorage and movement of noise, aircraft noise, and gunnery noise), Guard’s heavy icebreakers have both vessels), 14 U.S.C. 94 (conduct and physical (vessel movement, aircraft exceeded their designed 30 year service oceanographic research), and 14 U.S.C. or in-air device movement, in-water life. CGC POLAR STAR was 141 (cooperation with agencies, States, device movement, icebreaking, and commissioned in 1976 and CGC POLAR territories, and others). In addition, marine expended materials). SEA in 1978. CGC POLAR STAR began Executive Order 7521 (Use of Vessels for III. Scoping Process reactivation in 2010 and completed a Icebreaking in Channels and Harbors), 1 service life extension in 2013 to allow FR 2184, Dec. 24, 1936, directs the U.S. The U.S. Coast Guard intends to CGC POLAR STAR to operate for an Coast Guard to assist in keeping follow the Council on Environmental additional seven to ten years. CGC channels and harbors open to navigation Quality (CEQ) regulations implementing POLAR SEA has remained out of service by means of icebreaking operations. the NEPA (40 CFR 1500 et seq.) by since 2010 and is not expected to be The U.S. Coast Guard proposes to scoping through public comment and reactivated. The current PIB program conduct polar icebreaker operations and public meetings. Scoping, which is acquisition strategy is approved to training exercises to meet Coast Guard integral to the process for implementing construct up to three heavy PIBs and mission responsibilities in the U.S. NEPA, provides a process to ensure that may (at a future date) potentially Arctic and Antarctic regions of (1) issues are identified early and expand to include up to three medium operation, in addition to vessel properly studied; (2) issues of little icebreakers, with planned service design performance testing post-dry dock in the significance do not consume substantial lives of 30 years each. The first of these Pacific Northwest near the probable time and effort; (3) the draft EIS is new PIBs is expected to delivered in polar icebreaker homeport of Seattle, thorough and balanced; and (4) delays 2023. Because the first new PIB would Washington (the exact location for caused by an inadequate EIS are not be operational in the Polar Regions homeporting has not been determined, avoided.

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Public scoping is a process for considers those comments, we will number for this notice of intent and determining the scope of issues to be prepare the final EIS and similarly provide a reason for each suggestion or addressed in this EIS and for identifying announce its availability and solicit recommendation. the issues related to the proposed action public review and comment. We accept anonymous comments. All comments received will be posted that may have a significant effect on the IV. Information Requested project environment. The scoping without change to http:// process begins with publication of this We are seeking comments on the www.regulations.gov and will include notice and ends after the U.S. Coast potential environmental impacts that any personal information you have Guard has: may result from the development, provided. For more about privacy and D Invited the participation of Federal, building, testing, and operation of up to the docket, visit http:// State, and local agencies, any affected three heavy polar icebreakers and www.regulations.gov/privacyNotice. Indian tribe, and other interested potentially three medium icebreakers to Documents mentioned in this notice persons; help in the development of an EIS. of intent as being available in the D Consulted with affected Federally NEPA requires Federal agencies to docket, and all public comments, will Recognized Tribes on a government-to- consider environmental impacts that be in our online docket at http:// government basis, and with affected may result from a proposed action, to www.regulations.gov and can be viewed Alaska Native corporations, in inform the public of potential impacts by following that website’s instructions. accordance with Executive Order 13175 and alternatives, and to facilitate public We plan to hold public meetings in and other policies. Native concerns, involvement in the assessment process. Anchorage, Utqiag˙vik (Barrow), Nome, including impacts on Indian trust assets An EIS would include, among other and Kotzebue to receive oral comments and potential impacts to cultural matters, discussions of the purpose and on this notice of intent. The dates, resources, will be given appropriate need for the proposed action, a times, and locations of the public consideration; description of alternatives, a description meetings will be announced in the local D Requested the Environmental of the affected environment, and an papers (The Arctic Sounder, The Protection Agency, the United States evaluation of the environmental impacts Anchorage Daily News, and The Nome Fish and Wildlife Service, the National of the proposed action and alternatives. Nugget) and online at http:// Marine Fisheries Service, and the As required by the NEPA, the U.S. www.dcms.uscg.mil/Our-Organization/ United States Army Corps of Engineers Coast Guard also will analyze the No Assistant-Commandant-for- to serve as cooperating agencies in the Action Alternative as a baseline for Acquisitions-CG-9/Programs/Surface- preparation of this EIS. With this Notice comparing the impacts of the proposed Programs/Polar-Icebreaker/. If special of Intent, we are asking Federal, State, action. For the purposes of this assistance is required to attend the and local agencies with jurisdiction or proposed action, the No Action meetings, such as sign language special expertise with respect to Alternative is defined as not approving interpretation or other reasonable environmental issues in the project area, the design and build of new polar accommodations, contact the U.S. Coast in addition to those we have already icebreakers. The U.S. Coast Guard Guard as indicated in FOR FURTHER contacted, to formally cooperate with us encourages public participation in the INFORMATION CONTACT. EIS process. The scoping period will in the preparation of this EIS; Dated: April 23, 2018. D Determined the scope and the begin upon publication of this notice in issues to be analyzed in depth in the the Federal Register and continue for a Ahmedur Majumder, EIS; period of sixty (60) days. As part of the Deputy Program Manager, Polar Icebreaker D Allocated responsibility for scoping process, and as authorized by Program, United States Coast Guard. preparing the EIS components; 40 CFR 1508.22(b)(4), the U.S. Coast [FR Doc. 2018–08795 Filed 4–25–18; 8:45 am] D Indicated any related environmental Guard will hold a public scoping BILLING CODE 9110–04–P assessments or environmental impact meeting and informational open house statements that are not part of this EIS; in Anchorage, Utqiag˙vik (Barrow), D Identified other relevant Nome, and Kotzebue, Alaska in May DEPARTMENT OF HOMELAND environmental review and consultation 2018. Public comments will be accepted SECURITY requirements, such as Coastal Zone at those meetings and can also be U.S. Customs and Border Protection Management Act consistency submitted to the docket, as previously determinations, and threatened and described under ADDRESSES. Notice of Issuance of Final endangered species and habitat impacts; Determination Concerning Axion D Indicated the relationship between V. Public Participation and Request for Series Led Video Display Cabinets timing of the environmental review and Comments other aspects of the application process; Pursuant to the CEQ regulations, the AGENCY: U.S. Customs and Border and U.S. Coast Guard invites public Protection, Department of Homeland D Exercised our option under 40 CFR participation in the NEPA process. This Security. 1501.7(b) to hold the public scoping notice requests public participation in ACTION: Notice of final determination. meeting announced in this notice. the scoping process, establishes a public Once the scoping process is complete, comment period, and provides SUMMARY: This document provides the U.S. Coast Guard will prepare a draft information on how to participate. notice that U.S. Customs and Border EIS, and will publish a Federal Register We encourage you to submit Protection (‘‘CBP’’) has issued a final notice announcing its public comments through the Federal portal at determination concerning the country of availability. We will provide the public http://www.regulations.gov. If your origin of Axion series LED video display with an opportunity to review and material cannot be submitted using cabinets. Based upon the facts comment on the draft EIS. Comments http://www.regulations.gov, contact the presented, CBP has concluded in the received during the draft EIS review person in the FOR FURTHER INFORMATION final determination that Taiwan is the period will be available in the public CONTACT section of this document for country of origin of the Axion series docket and made available in the final alternate instructions. In your LED video display cabinets for purposes EIS. After the U.S. Coast Guard submission, please include the docket of U.S. Government procurement.

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DATES: The final determination was RE: U.S. Government Procurement; Title Taiwan. The quantity of LEDs and LED issued on April 19, 2018. A copy of the III, Trade Agreements Act of 1979 (19 display drivers in each LED module final determination is attached. Any U.S.C. 2511); subpart B, Part 177, CBP depends upon the desired pixel pitch of party-at-interest, as defined in 19 CFR Regulations; Light Emitting Diode the video display. 177.22(d), may seek judicial review of video display cabinets Receiving Card—Manufactured in this final determination within May 29, Dear Mr. Murray: China. 2018. This is in response to your request of Printed Circuit Board (PCB)— FOR FURTHER INFORMATION CONTACT: December 15, 2017, on behalf of your Manufactured in Taiwan. Cynthia Reese, Valuation and Special client, Vanguard LED Displays, Inc. Hub Card—Manufactured in Taiwan. Programs Branch, Regulations and (hereinafter, Vanguard), requesting a Power Supply—Manufactured in Rulings, Office of Trade (202–325– final determination concerning Light Taiwan. 0046). Emitting Diode (LED) video display Cabinet—Manufactured in China. SUPPLEMENTARY INFORMATION: Notice is cabinets for purposes of government You indicate that the LED modules hereby given that on April 19, 2018, procurement under Title III of the Trade are specifically designed to be used in CBP issued a final determination Agreements Act of 1979 (TAA), as a particular LED video display, based concerning the country of origin of amended (19 U.S.C. § 2511 et seq.). upon the desired pixel pitch and the Axion series LED video display cabinets Vanguard is a party-at-interest within size of the cabinet, as ordered by a which may be offered to the United the meaning of 19 CFR § 177.22(d)(1) customer. The PCB is custom-made to States Government under an and (d)(2), and is entitled to request this meet the criteria specifically requested. undesignated government procurement final determination under 19 CFR While a particular PCB board could contract. This final determination, HQ § 177.23(a) and (b). theoretically be used in another LED video display, it could not be used in H292849, was issued at the request of FACTS: Vanguard LED Displays, Inc., under other types of LED goods. The hub card procedures set forth at 19 CFR part 177, Vanguard seeks a country of origin is designed to specifically handle the subpart B, which implements Title III of determination regarding its Axion series particular receiving card designed to be the Trade Agreements Act of 1979, as LED video display cabinets, model used in the specific LED video display amended (19 U.S.C. § 2511–18). In the numbers P1 through P2.5. The video as ordered by the customer. In theory, final determination, CBP has concluded display cabinets are of a uniform size, it could be used in a different LED video that, based upon the facts presented, the 640 mm by 360 mm. There are 11 display, but it could not be used in assembly of imported components does different models offering different other types of LED goods. Similarly, the not substantially transform the degrees of ‘‘pixel pitch.’’ This request is receiving card, power supply, and components into a product of the limited to the first nine models in the cabinet can be used in other LED video United States, and therefore, the series, i.e., P1, P1.2, P1.3, P1.4, P1.5, displays, but cannot be used in other assembled Axion series LED video P1.6, P1.8, P2, P2.5. types of LED goods. You explain that: display cabinets derive their origin from You state that the LEDs constitute the the imported components, nearly all of The Axion series LED video display majority of the component costs of the which originate in Taiwan. Therefore, cabinets receive electronic signals and video display cabinets. You describe the Taiwan is the country of origin of the convert those signals into images that function of the LEDs as ‘‘a type of semi- Axion series LED video display cabinets are displayed via the LEDs on the face conductor that conveys electronic for purposes of U.S. Government of the cabinet. They are used by signals into infrared-rays or light.’’ The procurement. customers to display video images. The LED display driver is described as ‘‘an Section 177.29, CBP Regulations (19 Axion series LED video cabinets can be integrated circuit that provides the CFR § 177.29), provides that notice of used on a stand-alone basis, but are circuitry necessary to interface most final determinations shall be published more commonly attached to other common microprocessors or digital in the Federal Register within 60 days cabinets to create a much larger video systems to an LED display. [It] is an of the date the final determination is screen, such as for the presentation of electrical device that regulates the issued. Section 177.30, CBP Regulations video images to large audiences. power to an LED or a string (or strings) (19 CFR 177.30), provides that any Vanguard manufactures, sells and of LEDs.’’ The receiving card ‘‘reads the party-at-interest, as defined in 19 CFR distributes LED video display cabinets program commands from the sending 177.22(d), may seek judicial review of a for both indoor and outdoor use. With card or the computer transmitting the final determination within 30 days of regard to the Axion series LED video signals regulating the brightness/ publication of such determination in the display cabinets at issue, Vanguard chromaticity of the LEDs.’’ The PCB Federal Register. imports the components of the video ‘‘mechanically and electrically connects display cabinets and assembles the electronic components.’’ Vanguard Dated: April 19, 2018. cabinets from the imported components receives the PCB with the hub card Alice A. Kipel, at their facility in Lakeland, Florida. integrated onto the PCB. The hub card Executive Director, Regulations and Rulings, You indicate that the components of the ‘‘sends power to the LED modules, as Office of Trade. Axion series LED video display cabinets well as instructions/information from HQ H292849 (some of which are imported with pre- the receiving card. The LED modules April 19, 2018 packaged screws for use in assembling and the receiving card are attached to OT:RR:CTF:VS H292849 CMR the components to the display cabinet) the PCB by Vanguard. The power CATEGORY: Origin are: supply component receives electrical Frank S. Murray, Esq. LED Modules—Manufactured in power from an external source and Foley & Lardner LLP Taiwan. Each cabinet includes eight provides power to the electrical Washington Harbour LED modules. Each LED module is components of the LED video cabinet. 3000 K Street, NW composed of two subcomponents— Finally, the cabinet, a die-cast Suite 600 LEDs and LED display drivers. These aluminum cabinet, provides the Washington, DC 20007 subcomponents are manufactured in structure into which the other

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components are installed to create a product of a designated country or the article or articles from which it was video display cabinet. instrumentality for the purpose of transformed. The term refers to a You describe the assembly process in granting waivers of certain ‘‘Buy product offered for purchase under a the United States as follows: American’’ restrictions in U.S. law or supply contract, but for purposes of 1. Attaching and affixing (via screws) practice for products offered for sale to calculating the value of the end product the power cable to the cabinet frame. the U.S. Government, pursuant to includes services (except transportation 2. Affixing the power supply to its subpart B of Part 177, 19 CFR 177.21 et services) incidental to the article, mount via screws and connecting the seq., which implements Title III, Trade provided that the value of those power cable to the power supply’s Agreements Act of 1979, as amended incidental services does not exceed that adapter. (19 U.S.C. 2511–2518). of the article itself. 3. Placing the integrated PCB/hub The rule of origin set forth in 19 See 48 CFR 25.003. card assembly on top of the previously U.S.C. 2518(4)(B) states: Taiwan is a WTO GPA country; China attached components, centered in the An article is a product of a country or is not. cabinet, and affixing the PCB/hub card instrumentality only if (i) it is wholly In the Court of International Trade’s assembly (via screws) to the power the growth, product, or manufacture of decision in Energizer Battery, Inc. v. supply. that country or instrumentality, or (ii) in 4. Affixing the integrated PCB/hub United States, 190 F. Supp. 3d 1308 the case of an article which consists in (2016), the court interpreted the assembly (via screws) to the cabinet. whole or in part of materials from 5. Affixing the receiving card to the meaning of ‘‘substantial transformation’’ another country or instrumentality, it integrated PCB/hub card assembly via a as used in the Trade Agreements Act of has been substantially transformed into notch in the hub card. (The hub card 1979 for purposes of government a new and different article of commerce . . . has a notch into which the procurement. Energizer involved the with a name, character, or use distinct receiving card is to be installed.) determination of the country of origin of from that of the article or articles from 6. Installing each of the eight a flashlight, referred to as the which it was so transformed. magnetized LED modules into the Generation II flashlight, under the TAA. cabinet by attaching them to their See also 19 CFR 177.22(a). Other than a white LED and a hydrogen respective data/power slots in the In rendering advisory rulings and getter, all of the components of the integrated PCB/hub card assembly. final determinations for purposes of Generation II flashlight were of Chinese After the video display cabinets are U.S. Government procurement, CBP origin. The components were imported assembled, Vanguard tests them to applies the provisions of subpart B of into the United States where they were ensure they function properly. Then, the Part 177 consistent with the Federal assembled into the finished Generation video display cabinets are packaged for Procurement Regulations. See 19 CFR II flashlight. shipment to customers. You indicate 177.21. In this regard, CBP recognizes The court reviewed the ‘‘name, that the processing in the United States, that the Federal Acquisition Regulations character and use’’ test in determining including the assembly, testing, and restrict the U.S. Government’s purchase whether a substantial transformation packaging generally requires no more of products to U.S.-made or designated had occurred, and reviewed various than a day to complete, with the testing country end products for acquisitions court decisions involving substantial and packaging taking more time than subject to the TAA. See 48 CFR transformation determinations. The the assembly. 25.403(c)(1). The Federal Acquisition court noted, citing Uniroyal, Inc. v. You submit that the manufacturing Regulations define ‘‘U.S.-made end United States, 3 CIT 220, 226, 542 F. processes which occur in Taiwan to product’’ as: Supp. 1026, 1031, aff’d, 702 F.2d 1022 create the Taiwanese components of the . . . an article that is mined, (Fed. Cir. 1983), that when ‘‘the post- video display cabinet are more complex produced, or manufactured in the importation processing consists of than the assembly process which occurs United States or that is substantially assembly, courts have been reluctant to in the United States or the transformed in the United States into a find a change in character, particularly manufacturing processes which occur in new and different article of commerce when the imported articles do not China to create the two components of with a name, character, or use distinct undergo a physical change.’’ Energizer Chinese origin utilized in the assembly from that of the article or articles from at 1318. In addition, the court noted that of the finished video display cabinets. which it was transformed. ‘‘when the end-use was pre-determined In addition, you indicate that the The regulations define a ‘‘designated at the time of importation, courts have collective value of the Taiwanese- country end product’’ as: generally not found a change in use.’’ manufactured components is WTO GPA [World Trade Organization Energizer at 1319, citing as an example, overwhelmingly the majority of the Government Procurement Agreement] National Hand Tool Corp. v. United component costs of the completed video country end product, an FTA [Free States, 16 CIT 308, 310, aff’d 989 F.2d display cabinets. Thus, you submit that Trade Agreement] country end product, 1201 (Fed. Cir. 1993). Furthermore, the country of origin of the finished a least developed country end product, courts have considered the nature of the video display cabinets is Taiwan. or a Caribbean Basin country end assembly, i.e., whether it is a simple product. assembly or more complex, such that ISSUE: A ‘‘WTO GPA country end product’’ individual parts lose their separate What is the country of origin of the is defined as an article that: identities and become integral parts of Axion series LED video display cabinets (1) Is wholly the growth, product, or a new article. described herein for U.S. government manufacture of a WTO GPA country; or In reaching its decision in Energizer, procurement purposes? (2) In the case of an article that the court expressed the question as one consists in whole or in part of materials of whether the imported components LAW AND ANALYSIS: from another country, has been retained their names after they were U.S. Customs and Border Protection substantially transformed in a WTO assembled into the finished Generation (CBP) issues country of origin advisory GPA country into a new and different II flashlights. The court found ‘‘[t]he rulings and final determinations as to article of commerce with a name, constitutive components of the whether an article is or would be a character, or use distinct from that of Generation II flashlight do not lose their

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individual names as a result [of] the CBP reexamine the matter anew and Portal at http://www.regulations.gov, post-importation assembly.’’ The court issue a new final determination. and will include any personal also found that the components had a Pursuant to 19 CFR 177.30, any party- information you provide. Therefore, pre-determined end-use as parts and at-interest may, within 30 days after submitting this information makes it components of a Generation II flashlight publication of the Federal Register public. You may wish to read the at the time of importation and did not notice referenced above, seek judicial Privacy Act notice that is available via undergo a change in use due to the post- review of this final determination before the link in the footer of importation assembly process. Finally, the Court of International Trade. www.regulations.gov. the court did not find the assembly Sincerely, FOR FURTHER INFORMATION CONTACT: process to be sufficiently complex as to Wanda Casey, Chief, Program constitute a substantial transformation. Alice A. Kipel, Management Section, US&R Branch, Thus, the court found that Energizer’s Executive Director Regulations and Rulings FEMA, Response Directorate, imported components did not undergo a Office of Trade. Operations Division, at (202) 646–4013. change in name, character, or use as a [FR Doc. 2018–08811 Filed 4–25–18; 8:45 am] You may contact the Information result of the post-importation assembly BILLING CODE P Management Division for copies of the of the components into a finished proposed collection of information at Generation II flashlight. The court email address: FEMA-Information- determined that China, the source of all DEPARTMENT OF HOMELAND [email protected]. but two components, was the correct SECURITY country of origin of the finished SUPPLEMENTARY INFORMATION: Section Generation II flashlights under the Federal Emergency Management 303 of the Robert T. Stafford Disaster government procurement provisions of Agency Relief and Emergency Assistance Act the TAA. (Stafford Act), 42 U.S.C. 5144, The production process of the Axion [Docket ID: FEMA–2018–0014; OMB No. authorizes the President of the United series LED video display cabinets is 1660–0073] States to form emergency support teams of Federal personnel to be deployed to similar to that of the Generation II Agency Information Collection an area affected by major disaster or flashlight in Energizer. All but two Activities: Proposed Collection; emergency. Section 403(a)(3)(B) of the components are sourced from Taiwan. Comment Request; National Urban Stafford Act provides that the President The post-importation assembly process Search and Rescue Response System involves manual assembly of may authorize Federal Agencies to components that are dedicated for use AGENCY: Federal Emergency perform work on public or private lands as components of the LED video display Management Agency, DHS. essential to save lives and protect cabinets. The individual components do ACTION: Notice and request for property, including search and rescue not lose their separate identities as a comments. and emergency medical care, and other result of the assembly process and do essential needs. Section 327 of the not undergo a change in their pre- SUMMARY: The Federal Emergency Stafford Act further authorizes the determined uses. The assembly process, Management Agency, as part of its National US&R Response System (‘‘the while more time consuming than that in continuing effort to reduce paperwork System’’) and outlines the Energizer, is not sufficiently complex as and respondent burden, invites the Administrator’s authorization to to amount to a substantial general public to take this opportunity designate teams as well as outlines transformation of the imported to comment on an extension, without specific protections for System components. Considering the totality of change, of a currently approved members. the information provided to CBP, and information collection. In accordance The information collection activity relying upon the court’s application of with the Paperwork Reduction Act of authorized under the OMB circular, 2 substantial transformation in Energizer, 1995, this notice seeks comments CFR part 200, ‘‘Uniform Administrative we find that the country of origin of the concerning the Urban Search and Requirements, Cost Principles, and assembled Axion series LED video Rescue Response System information Audit Requirements, for Federal display cabinets, produced as described collection. Awards.’’ The collection contains herein, is Taiwan. information from the programmatic and DATES: Comments must be submitted on administrative activities of the US&R HOLDING: or before June 25, 2018. Sponsoring Agencies relating to the Based on the information provided, ADDRESSES: To avoid duplicate readiness and response cooperative and the analysis set forth above, the submissions to the docket, please use agreement awards. imported components of the Axion only one of the following means to series LED video display cabinets are submit comments: Collection of Information not substantially transformed as a result (1) Online. Submit comments at Title: National Urban Search and of their assembly in the United States. www.regulations.gov under Docket ID Rescue Response System. Therefore, the country of origin of the FEMA–2018–0014. Follow the Type of Information Collection: assembled Axion series LED video instructions for submitting comments. Extension, without change, of a display cabinets at issue, is Taiwan, the (2) Mail. Submit written comments to currently approved information country where all of the components of Docket Manager, Office of Chief collection. the Axion series LED video display Counsel, DHS/FEMA, 500 C Street SW, OMB Number: 1660–0073. cabinets, except two, are made. 8NE, Washington, DC 20472–3100. FEMA Forms: FEMA Form 089–0–10, Notice of this final determination will All submissions received must Urban Search Rescue Response System be given in the Federal Register, as include the agency name and Docket ID. Narrative Statement Workbook; FEMA required by 19 CFR 177.29. Any party- Regardless of the method used for Form 089–0–11, Urban Search Rescue at-interest other than the party which submitting comments or material, all Response System Semi-Annual requested this final determination may submissions will be posted, without Performance Report; FEMA Form 089– request, pursuant to 19 CFR 177.31, that change, to the Federal eRulemaking 0–12, Urban Search Rescue Response

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System Amendment Form; FEMA Form DEPARTMENT OF HOUSING AND ensure that owners of certain 089–0–14, Urban Search Rescue URBAN DEVELOPMENT multifamily housing projects comply with use restriction requirements after Response System Task Force Self- [Docket No. FR–7001–N–15] Evaluation Scoresheet; FEMA Form the mortgage agreement has terminated. 089–0–15, Urban Search Rescue 30-Day Notice of Proposed Information This information is also used to monitor Response System Task Force Collection: Use Restriction Agreement owner compliance with unique Deployment Data; FEMA Form 089–0– Monitoring and Compliance provisions of the Use Agreement 26, Vehicle Support Unit Purchase/ contract. AGENCY: Replacement/Disposal Justification. Office of the Chief Information Respondents: (i.e. affected public): Officer, HUD. Non-profit institutions; owners Abstract: The information collection ACTION: Notice. prepaying HUD insured loans. activity is the collection of financial, Estimated Number of Respondents: program and administrative information SUMMARY: HUD submitted the proposed 659. for US&R Sponsoring Agencies relating information collection requirement Estimated Number of Responses: 200. to readiness and response for described below to the Office of Frequency of Response: Annually. Cooperative Agreement awards. Management and Budget (OMB) for Average Hours per Response: 2 hours. Affected Public: State, Local or Tribal review, in accordance with the Total Estimated Burdens: 400 hours. Paperwork Reduction Act. The purpose Government. of this notice is to allow for 30 days of B. Solicitation of Public Comment Estimated Number of Respondents: public comment. This notice is soliciting comments 28. DATES: Comments Due Date: May 29, from members of the public and affected Estimated Number of Responses: 210. 2018. parties concerning the collection of Estimated Total Annual Burden ADDRESSES: Interested persons are information described in Section A on Hours: 392. invited to submit comments regarding the following: this proposal. Comments should refer to (1) Whether the proposed collection Estimated Total Annual Respondent of information is necessary for the Cost: $20,654.48. the proposal by name and/or OMB Control Number and should be sent to: proper performance of the functions of Estimated Respondents’ Operation HUD Desk Officer, Office of the agency, including whether the and Maintenance Costs: $0. Management and Budget, New information will have practical utility; Estimated Respondents’ Capital and Executive Office Building, Washington, (2) The accuracy of the agency’s Start-Up Costs: $0. DC 20503; fax: 202–395–5806, Email: estimate of the burden of the proposed OIRA [email protected] collection of information; Estimated Total Annual Cost to the (3) Ways to enhance the quality, FOR FURTHER INFORMATION CONTACT: Inez Federal Government: $121,403. utility, and clarity of the information to C. Downs, Reports Management Officer, be collected; and Comments QMAC, Department of Housing and (4) Ways to minimize the burden of Urban Development, 451 7th Street SW, the collection of information on those Comments may be submitted as Washington, DC 20410; email who are to respond: Including through indicated in the ADDRESSES caption [email protected], or telephone the use of appropriate automated above. Comments are solicited to (a) 202–402–8046. This is not a toll-free collection techniques or other forms of evaluate whether the proposed data number. Person with hearing or speech information technology, e.g., permitting collection is necessary for the proper impairments may access this number electronic submission of responses. performance of the agency, including through TTY by calling the toll-free HUD encourages interested parties to whether the information shall have Federal Relay Service at (800) 877–8339. submit comment in response to these practical utility; (b) evaluate the Copies of available documents questions. accuracy of the agency’s estimate of the submitted to OMB may be obtained burden of the proposed collection of from Ms. Downs. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35. information, including the validity of SUPPLEMENTARY INFORMATION: This the methodology and assumptions used; notice informs the public that HUD is Dated: April 13, 2018. (c) enhance the quality, utility, and seeking approval from OMB for the Inez C. Downs, clarity of the information to be information collection described in Department Reports Management Officer, collected; and (d) minimize the burden Section A. Office of the Chief Information Officer. of the collection of information on those The Federal Register notice that [FR Doc. 2018–08781 Filed 4–25–18; 8:45 am] who are to respond, including through solicited public comment on the BILLING CODE 4210–67–P the use of appropriate automated, information collection for a period of 60 electronic, mechanical, or other days was published on February 7, 2018 technological collection techniques or at 83 FR 5456. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT other forms of information technology, A. Overview of Information Collection e.g., permitting electronic submission of Title of Information Collection: Use [Docket No. FR–7001–N–19] responses. Restriction Agreement Monitoring and 30-Day Notice of Proposed Information Dated: April 12, 2018. Compliance. Collection: 24 CFR Part 50—Protection OMB Approved Number: 2502–0577. Rachel Frier, and Enhancement of Environmental Type of Request: Extension of Records Management Branch Chief, Mission Quality Support, Federal Emergency Management currently approved collection. Agency, Department of Homeland Security. Form Number: HUD–90075. AGENCY: Office of the Chief Information [FR Doc. 2018–08804 Filed 4–25–18; 8:45 am] Description of the need for the Officer, HUD. information and proposed use: This BILLING CODE 9111–54–P ACTION: Notice. information is necessary for HUD to

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SUMMARY: HUD is seeking approval from number through TTY by calling the toll- community facilities. HUD itself must the Office of Management and Budget free Federal Relay Service at (800) 877– perform an environmental review for (OMB) for the information collection 8339. Copies of available documents the purpose of compliance with its described below. In accordance with the submitted to OMB may be obtained environmental regulations found at 24 Paperwork Reduction Act, HUD is from Ms. Guido. CFR part 50, Protection and requesting comment from all interested SUPPLEMENTARY INFORMATION: This Enhancement of Environmental Quality. parties on the proposed collection of notice informs the public that HUD is Part 50 implements the National information. The purpose of this notice seeking approval from OMB for the Environmental Policy Act and is to allow for 30 days of public information collection described in implementing procedures of the Council comment. Section A. on Environmental Quality, as well as DATES: Comments Due Date: May 29, The Federal Register notice that the related federal environmental laws 2018 solicited public comment on the and executive orders. HUD’s agency- information collection for a period of 60 ADDRESSES: Interested persons are wide provisions—24 CFR 50.3(h)(1) and days was published on February 28, invited to submit comments regarding 50.32—regulate how individual HUD 2018 at 83 FR 8693. this proposal. Comments should refer to program staffs are to utilize such the proposal by name and/or OMB A. Overview of Information Collection collected data when HUD itself prepares the environmental review and Control Number and should be sent to: Title of Information Collection: 24 HUD Desk Officer, Office of compliance. Separately, individual HUD CFR part 50—Protection and programs each have their own Management and Budget, New Enhancement of Environmental Quality. Executive Office Building, Washington, regulations and guidance implementing OMB Approval Number: 2506–0177. environmental and related collection DC 20503; fax: 202–395–5806, Email: Type of Request: Extension of responsibilities. For the next three OIRA [email protected]. currently approved collection. years, this approved collection will FOR FURTHER INFORMATION CONTACT: Form Number: N/A. Anna P. Guido, Reports Management Description of the Need for the continue unchanged under this OMB Officer, QMAC, Department of Housing Information and Proposed Use: HUD control number to assure adequate and Urban Development, 451 7th Street requests its applicants to supply coverage for all HUD programs subject SW, Washington, DC 20410; email Anna environmental information that is not to Part 50. P. Guido at [email protected] or otherwise available to HUD staff for the Respondents (i.e. affected public): telephone 202–402–5535. This is not a environmental review on an applicant’s Businesses, not-for-profit institutions, toll-free number. Person with hearing or proposal for HUD financial assistance to and local governments receiving HUD speech impairments may access this develop or improve housing or funding.

ESTIMATED NUMBER OF RESPONDENTS/ESTIMATED NUMBER OF RESPONSES

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

Total ...... 1,800.00 1.00 1,800.00 3.00 5,400.00 $ 40.74 $219,996.00

B. Solicitation of Public Comment Authority: Section 3507 of the Paperwork of this notice is to allow for 30 days of Reduction Act of 1995, 44 U.S.C. Chapter 35. public comment. This notice is soliciting comments Dated: April 20, 2018. from members of the public and affected DATES: Comments Due Date: May 29, parties concerning the collection of Anna P. Guido, 2018 information described in Section A on Department Reports Management Officer, the following: Office of the Chief Information Officer. ADDRESSES: Interested persons are (1) Whether the proposed collection [FR Doc. 2018–08780 Filed 4–25–18; 8:45 am] invited to submit comments regarding of information is necessary for the BILLING CODE 4210–67–P this proposal. Comments should refer to proper performance of the functions of the proposal by name and/or OMB the agency, including whether the Control Number and should be sent to: information will have practical utility; DEPARTMENT OF HOUSING AND HUD Desk Officer, Office of URBAN DEVELOPMENT (2) The accuracy of the agency’s Management and Budget, New estimate of the burden of the proposed [Docket No. FR–7001–N–16] Executive Office Building, Washington, collection of information; DC 20503; fax: 202–395–5806, Email: (3) Ways to enhance the quality, 30-Day Notice of Proposed Information OIRA [email protected] utility, and clarity of the information to Collection: Multifamily Insurance FOR FURTHER INFORMATION CONTACT: be collected; and Benefits Claims Package Colette Pollard, Reports Management (4) Ways to minimize the burden of AGENCY: Office of the Chief Information Officer, QMAC, Department of Housing the collection of information on those Officer, HUD. and Urban Development, 451 7th Street who are to respond; including through ACTION: Notice. SW, Washington, DC 20410; email the use of appropriate automated [email protected], or telephone collection techniques or other forms of SUMMARY: HUD submitted the proposed 202–402–8046. This is not a toll-free information technology, e.g., permitting information collection requirement number. Person with hearing or speech electronic submission of responses. described below to the Office of HUD encourages interested parties to Management and Budget (OMB) for impairments may access this number submit comment in response to these review, in accordance with the through TTY by calling the toll-free questions. Paperwork Reduction Act. The purpose Federal Relay Service at (800) 877–8339.

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Copies of available documents who are to respond: Including through SUPPLEMENTARY INFORMATION: This submitted to OMB may be obtained the use of appropriate automated notice informs the public that HUD is from Ms. Downs. collection techniques or other forms of seeking approval from OMB for the SUPPLEMENTARY INFORMATION: This information technology, e.g., permitting information collection described in notice informs the public that HUD is electronic submission of responses. Section A. seeking approval from OMB for the HUD encourages interested parties to The Federal Register notice that information collection described in submit comment in response to these solicited public comment on the Section A. questions. information collection for a period of 60 The Federal Register notice that Authority: Section 3507 of the Paperwork days was published on September 1, solicited public comment on the Reduction Act of 1995, 44 U.S.C. Chapter 35. 2017 at 82 FR 41635. information collection for a period of 60 Dated: April 18, 2018. A. Overview of Information Collection days was published on January 24, 2018 Inez C. Downs, at 83 FR 3364. Title of Information Collection: Department Reports Management Officer, Evaluation of the HUD Youth A. Overview of Information Collection Office of the Chief Information Officer. Homelessness Demonstration Project Title of Information Collection: [FR Doc. 2018–08778 Filed 4–25–18; 8:45 am] Evaluation. Multifamily Insurance Benefits Claims BILLING CODE 4210–67–P OMB Approval Number: 2528—New. Package. Type of Request: New collection. Form Number: N/A. OMB Approved Number: 2502–0418. Description of the need for the Type of Request: Revision of currently DEPARTMENT OF HOUSING AND information and proposed use: The approved collection. URBAN DEVELOPMENT purpose of the Youth Homelessness Form Number: HUD–2741, HUD– [Docket No. FR–7001–N–18] 2742, HUD–2744–A, HUD–2744–B, Demonstration Project Evaluation HUD–2744–C, HUD–2744–D, HUD– 30-Day Notice of Proposed Information (YHDE), by the Office of Policy 2744–E, HUD–434, HUD–1044–D. Collection: Evaluation of the HUD Development and Research, at the U.S. Description of the Need for the Youth Homelessness Demonstration Department of Housing and Urban Information and Proposed Use: A lender Project Evaluation Development (HUD), is to assess the with an insured multifamily mortgage progress and results of the 2017 YHDP pays an annual insurance premium to AGENCY: Office of the Chief Information grantee communities in developing and the Department. When and if the Officer, HUD. executing a coordinated community mortgage goes into default; the lender ACTION: Notice. approach to preventing and ending may elect to file a claim for FHA youth homelessness. YHDP grant funds SUMMARY: HUD is seeking approval from multifamily insurance benefits with the help communities to work with youth the Office of Management and Budget Department. HUD needs this advisory boards, child welfare agencies, (OMB) for the information collection information to determine if FHA and other community partners to create described below. In accordance with the multifamily insurance claims submitted comprehensive community plans to end Paperwork Reduction Act, HUD is to HUD are accurate, valid and support youth homelessness; these requesting comment from all interested payment of an FHA multifamily comprehensive plans are a major focus parties on the proposed collection of insurance claim. for the grantees in the first grant year. Respondents (i.e. affected public): information. The purpose of this notice The grant funding is used for a variety Business or other for-profit entities, is to allow for 30 days of public of housing options, including rapid re- nonprofit entities, and government comment. housing, permanent supportive housing, agencies. DATES: Comments Due Date: May 29, and transitional housing, as well as Estimated Number of Respondents: 2018. innovative programs. YHDP also will support youth-focused performance 110. ADDRESSES: Interested persons are Estimated Number of Responses: 110. measurement and coordinated entry invited to submit comments regarding systems. In order to obtain a clear Frequency of Response: 1. this proposal. Comments should refer to Average Hours per Response: 4.25. picture of YHDP grant activities, this the proposal by name and/or OMB Total Estimated Burden: 467.50. longitudinal, multi-level evaluation will Control Number and should be sent to: measure activities and progress of B. Solicitation of Public Comment HUD Desk Officer, Office of grantees essential to building and This notice is soliciting comments Management and Budget, New sustaining effective community change. from members of the public and affected Executive Office Building, Washington, Data collection will occur during two parties concerning the collection of DC 20503; fax: 202–395–5806, Email: evaluation components with each information described in Section A on OIRA [email protected]. component including data collection the following: FOR FURTHER INFORMATION CONTACT: activities and analyses. These (1) Whether the proposed collection Anna P. Guido, Reports Management components include two waves of a of information is necessary for the Officer, QMAC, Department of Housing web-based survey of Continuums of proper performance of the functions of and Urban Development, 451 7th Street Care, and site visits with each the agency, including whether the SW, Washington, DC 20410; email Anna demonstration community and the three information will have practical utility; P. Guido at [email protected] or selected comparison sites. (2) The accuracy of the agency’s telephone 202–402–5535. This is not a Component one, a web-based survey estimate of the burden of the proposed toll-free number. Person with hearing or of Continuums of Care (CoCs) in the collection of information; speech impairments may access this U.S. will be administered twice, in (3) Ways to enhance the quality, number through TTY by calling the toll- Years 1 and 4 of the evaluation, to all utility, and clarity of the information to free Federal Relay Service at (800) 877– CoC program directors across the be collected; and 8339. Copies of available documents country excluding the 10 YHDP grantees (4) Ways to minimize the burden of submitted to OMB may be obtained and three comparison communities, for the collection of information on those from Ms. Guido. a total of 400 survey participants each

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wave. These data will provide an The second data collection will be conducted in early 2019 to understanding of system developments component is comprised of site visits explore how the plans are being occurring across the country and which will be conducted with each implemented, as well as barriers to or provide a comparative basis for demonstration community and the three facilitators of change. The third and understanding the demonstration comparison non-grantee CoCs. The site final site visits will be scheduled after communities. The survey will ask visits will include interviews with key community plans have been in effect for questions about the nature and capacity informants, with project technical at least one year (mid-2020). of the prevention and crisis approaches assistance (TA) providers, and youth, as Respondents: Continuum of Care Lead in place, the housing and service well as focus groups with different Agency contacts, key community solutions, and the strategies for subgroups of youth. The site visit guide partners, TA provider staff and youth screening and assessing youth. It will will describe data collection procedures focus on understanding the to be followed to ensure rigor and with interaction with CoCs. coordination and collaboration between consistency across site visit teams. The Estimated total number of hours the homeless assistance system and first site visit will be conducted as soon needed to prepare the information mainstream service systems, as well as as OMB approval is received to collect collection including number of whether and how the system prioritizes information while grantees are respondents, frequency of response, and coordinates referrals to the different developing their coordinated hours of response, and cost of response programs. community plans. The second site visit time: EXHIBIT 2—ESTIMATED HOUR AND COST BURDEN OF INFORMATION COLLECTION

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

Continuum of Care (CoC) Web Survey (CoC Program Direc- tors) ...... 400.00 0.50 200.00 0.50 100.00 $31.10 $3,110.00 Lead Agencies Interview ...... 26.00 0.75 19.50 2.00 39.00 20.73 808.47 Service Provider Interview ...... 78.00 0.75 58.50 1.00 58.50 20.73 1,212.71 Local Government Agency Staff Interview ...... 26.00 0.75 19.50 0.80 15.60 23.39 364.88 TA Providers Interview ...... 10.00 0.75 7.50 1.00 7.50 20.73 155.48 Youth Board Member Interviews ...... 26.00 0.75 19.50 1.00 19.50 7.25 141.38 Youth Focus Groups ...... 468.00 0.75 351.00 1.50 526.50 7.25 3,817.13

Total ...... 1,034.00 ...... 675.50 ...... 766.60 ...... 9,610.05

EXHIBIT 3—ESTIMATED HOUR BURDEN OF INFORMATION COLLECTION CALCULATION BASIS

Frequency Responses Information collection Number of respondents of response per annum

CoC Program Directors ...... 400 ...... 2 (400 × 2)/4 = 200 Lead Agencies ...... 2/site, 13 sites = 26 ...... 3 (26 × 3)/4 = 20 Service Providers ...... 6/site, 13 sites = 78 ...... 3 (78 × 3)/4 = 59 Local Government Agencies ...... 2/site, 13 sites = 26 ...... 3 (26 × 3)/4 = 20 TA Providers Interview ...... 10 ...... 3 (10 × 3)/4 = 8 Youth Board Members (Interviews) ...... 2/site, 13 sites = 26 ...... 3 (26 × 3)/4 = 20 Youth Focus Groups ...... 36/site, 13 sites = 468 ...... 3 (468 × 3)/4 = 351

Total ...... 1,034.00 ...... 678.00

As summarized below, we estimated Social and Community Services YHDP grantee staff, service providers, the hourly cost per response using the Specialist, All Other (21–1099, $20.73). and TA providers. For the government May 2016 Bureau of Labor Statistics, We used the Social and Community workers, we used an average of state and Occupational Employment Statistics Services Manager rate for the CoC local Social and Community Services median hourly wages for the labor Program Directors and Program Specialist, All Other (21–2099, $23.39). categories, Social and Community Administrators. The youth hourly wage is based on the Services Manager (11–9151, $31.10) and We used the Social and Community federal minimum wage of $7.25/hour. Services Specialist, All Other rate for

Respondent Occupation SOC code Median hourly wage

CoC Program Directors ...... Social and Community Services Manager ...... 11–9151 $31.10. Lead Agencies ...... Social and Community Services Specialist, All Others ..... 21–1099 $20.73. Service Providers ...... Social and Community Services Specialist, All Others ..... 21–1099 $20.73. Local Government Agencies ...... Social and Community Services Specialist, All Others ..... 21–1099 Average of state and local, $23.39. TA Providers ...... Social and Community Services Specialist, All Others ..... 21–1099 $20.73. Youth ...... Federal minimum wage ...... $7.25. Source: Bureau of Labor Statistics, Occupational Employment Statistics (May 2016), https://www.bls.gov/oes/current/oessrci.htm.

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B. Solicitation of Public Comment DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: On August 5, 2016, the U.S. Fish and Wildlife This notice is soliciting comments Fish and Wildlife Service Service published in the Federal from members of the public and affected [FWS–R7–ES–2017–N181; FF07CAMM00– Register a final rule (81 FR 52276) parties concerning the collection of FX–ES111607MRG01] establishing regulations that allow us to information described in Section A on authorize the nonlethal, incidental, the following: Marine Mammals; Letters of unintentional take of small numbers of (1) Whether the proposed collection Authorization To Take Pacific Walrus polar bears (Ursus maritimus) and of information is necessary for the and Polar Bears in the Beaufort and Pacific walruses (Odobenus rosmarus proper performance of the functions of Chukchi Seas, Alaska divergens) during year-round oil and gas industry exploration, development, and the agency, including whether the AGENCY: Fish and Wildlife Service, information will have practical utility; production activities in the Beaufort Sea Interior. and adjacent northern coast of Alaska. (2) The accuracy of the agency’s ACTION: Notice of issuance. The rule established subpart J in part 18 estimate of the burden of the proposed of title 50 of the Code of Federal SUMMARY: In accordance with the collection of information; Regulations (CFR) and is effective Marine Mammal Protection Act of 1972, through August 5, 2021. The rule (3) Ways to enhance the quality, as amended, the U.S. Fish and Wildlife prescribed a process under which we utility, and clarity of the information to Service has issued Letters of issue Letters of Authorization (LOAs) to be collected; and Authorization for the nonlethal take of applicants conducting activities as (4) Ways to minimize the burden of polar bears and Pacific walruses described under the provisions of the the collection of information on those incidental to oil and gas industry regulations. This rule replaced a similar exploration, development, and who are to respond; including through rule, published on August 3, 2011 (76 production activities in the Beaufort Sea the use of appropriate automated FR 47010), which expired on August 3, and the adjacent northern coast of collection techniques or other forms of 2016, and likewise prescribed a process Alaska and incidental to oil and gas information technology, e.g., permitting under which we issued such LOAs. industry exploration activities in the electronic submission of responses. Each LOA stipulates conditions or Chukchi Sea and the adjacent western HUD encourages interested parties to methods that are specific to the activity coast of Alaska. These Letters of and location. Holders of LOAs must use submit comment in response to these Authorization stipulate conditions and methods and conduct activities in a questions. methods that minimize impacts to polar manner that minimizes to the greatest Authority: Section 3507 of the Paperwork bears and Pacific walruses from these extent practicable adverse impacts on Reduction Act of 1995, 44 U.S.C. Chapter 35. activities. Pacific walruses and polar bears and Dated: April 19, 2018. ADDRESSES: These letters of their habitat, and on the availability of Anna P. Guido, authorization are available these marine mammals for subsistence Department Reports Management Officer, electronically at the following location: purposes. Intentional take and lethal Office of the Chief Information Officer. http://www.fws.gov/alaska/fisheries/ incidental take are prohibited. [FR Doc. 2018–08779 Filed 4–25–18; 8:45 am] mmm/itr.htm. In accordance with section FOR FURTHER INFORMATION CONTACT: BILLING CODE 4210–67–P Mr. 101(a)(5)(A) of the Marine Mammal Christopher Putnam at the U.S. Fish and Protection Act (MMPA; 16 U.S.C. 1361 Wildlife Service, Marine Mammals et seq.) and our regulations at 50 CFR Management Office, 1011 East Tudor part 18, subpart J, we issued LOAs to Road, MS 341, Anchorage, Alaska each of the following companies in the 99503; (800) 362–5148 or (907) 786– Beaufort Sea and adjacent northern 3844. coast of Alaska:

BEAUFORT SEA LETTERS OF AUTHORIZATION

Company Activity Project LOA No.

Shell Exploration and Production Com- Support services ...... Ice surveys and helicopter search and 15–01 pany, Inc. rescue training. Brooks Range Petroleum Corporation .. Development ...... 2015 Mustang Development Program .. 15–02 Global Geophysical Services, Inc ...... Exploration ...... Winter seismic work ...... 15–03 Geokinetics, Inc ...... Exploration ...... Winter seismic work ...... 15–04 Repsol E and P USA, Inc ...... Exploration ...... Exploration drilling in the Colville River 15–05 Delta. BP Exploration (Alaska), Inc ...... Exploration ...... Winter seismic work ...... 15–06 ExxonMobil Development Company ..... Development ...... Point Thomson Project ...... 15–07, 16–06, 16–17 Hilcorp Alaska, LLC ...... Exploration ...... Liberty Geotech and Shallow Hazard 15–08 Survey. Caelus Energy Alaska, LLC ...... Development ...... Nuna Project ...... 15–09, 16–01, 16–12, 17–06 Olgoonik Specialty Contractors, LLC .... Remediation ...... Point Lonely, Oliktok Point, and Bullen 15–10 Point DEW line sites. North Slope Borough ...... Production ...... Barrow pipeline upgrades ...... 15–12, 17–08 ConocoPhillips Alaska, Inc ...... Exploration ...... Greater Moose’s Tooth ...... 15–15 ARSC Exploration, LLC ...... Exploration ...... Placer Unit exploratory drilling ...... 15–16 Peak Oilfield Service Company, LLC ... Support services ...... Transportation activities on the North 15–17, 17–01 Slope. SAExploration, Inc ...... Exploration ...... Aklaq seismic surveys on Canning and 15–18, 16–03 Sag River.

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BEAUFORT SEA LETTERS OF AUTHORIZATION—Continued

Company Activity Project LOA No.

Caelus Energy Alaska, LLC ...... Exploration ...... Tulimaniq Exploration Program in 15–19, 16–09_a Smith Bay. Geokinetics, Inc ...... Exploration ...... ‘‘Great Bear’’ 3d seismic on North 15–20 Slope. Alaska Frontier Constructors, Inc ...... Development ...... Gravel removal in the Sag River ...... 15–21 ExxonMobil Alaska, LNG, LLC ...... Exploration ...... Alaska LNG Project surveys ...... 16–02, 16–18 Marsh Creek, LLC ...... Remediation ...... Legacy wells–Cape Simpson, Iko Bay, 16–04, 16–21 Barrow, and Avak. ENI U.S. Operating Company, Inc ...... Development ...... Nakaitchuq North at Spy Island ...... 16–05 ConocoPhillips Alaska, Inc ...... Exploration ...... NPRA seismic exploration ...... 16–08 ConocoPhillips Alaska, Inc ...... Exploration ...... Exploration drilling ...... 16–09_b, 17–10 Fairweather, LLC ...... Exploration ...... Retrieval of mooring anchors in the 16–10 Beaufort Sea. Caelus Energy Alaska, LLC ...... Production ...... Oooguruk Project ...... 16–11 ConocoPhillips Alaska, Inc ...... Production ...... CPAI North Slope Alpine and Kuparuk 16–13 BP Exploration (Alaska), Inc ...... Production ...... Prudhoe Bay ...... 16–14 Savant Alaska, LLC ...... Production ...... Badami Project ...... 16–15 Hilcorp Alaska, LLC ...... Production ...... Milne Point, Endicott, and Northstar 16–16 Units. Olgoonik Construction Services, LLC ... Remediation ...... Barrow legacy wells ...... 16–19 ConocoPhillips Alaska, Inc ...... Development ...... GMT–1 Construction ...... 16–20, 17–09 Alyeska Pipeline Service Company ...... Production ...... TAPS activities ...... 16–22 Armstrong Energy, LLC ...... Exploration ...... Colville River Delta drilling and geotech 16–23 BEM Systems, Incorporated ...... Remediation ...... Oliktok radar site ...... 17–03 BEM Systems, Incorporated ...... Remediation ...... Bullen Pt. radar site ...... 17–04 ConocoPhillips Alaska, Inc ...... Exploration ...... ‘‘Bear’’ Winter Seismic East of Colville 17–05 River. BP Exploration (Alaska), Inc ...... Exploration ...... 2017 Liberty Bathymetry Survey ...... 17–07

On June 12, 2013, we published in the Chukchi Sea and adjacent western coast above for LOAs issued under 50 CFR Federal Register a final rule (78 FR of Alaska. The rule established 50 CFR part 18, subpart J. 35364) establishing regulations that part 18 subpart I and is effective until In accordance with section allow us to authorize the nonlethal, June 11, 2018. The process under which 101(a)(5)(A) of the MMPA and our incidental, unintentional take of small we issue LOAs to applicants and the regulations at 50 CFR 18, subpart I, we numbers of polar bears and Pacific requirements that the holders of LOAs issued LOAs to the following companies walruses during year-round oil and gas must follow is the same as described in the Chukchi Sea: industry exploration activities in the

CHUKCHI SEA LETTERS OF AUTHORIZATION

Company Activity Project LOA No.

Shell Exploration and Production Com- Support services ...... 2015/2016 ice overflight surveys ...... 15–CS–01 pany, Inc. Shell Exploration and Production Com- Exploration ...... Chukchi Sea exploration drilling ...... 15–CS–02 pany, Inc. Fairweather, LLC ...... Exploration ...... Retrieval of Shell’s mooring anchors in 16–CS–01 the Chukchi Sea. Olgoonik Fairweather, LLC ...... Exploration ...... Post Shell drillsite monitoring ...... 16–CS–02

Authority: We issue this notice under the DEPARTMENT OF THE INTERIOR ACTION: Notice of receipt of application; authority of the MMPA (16 U.S.C. 1361 et proposed incidental harassment seq.). Fish and Wildlife Service authorization; availability of draft Dated: January 4, 2018. [FWS–R7–ES–2018–N010; environmental assessment; request for Gregory E. Siekaniec, FXES111607MRG01–189–FF07CAMM00] comments. Regional Director, Alaska Region. Marine Mammals; Incidental Take SUMMARY: We, the U.S. Fish and Editorial note: This document was During Specified Activities; Proposed Wildlife Service, in response to a received for publication by the Office of the Incidental Harassment Authorization request under the Marine Mammal Federal Register on April 23, 2018. for Northern Sea Otters in Cook Inlet, Protection Act of 1972, as amended, Alaska; Availability of Draft from Hilcorp Alaska, LLC, propose to [FR Doc. 2018–08759 Filed 4–25–18; 8:45 am] authorize nonlethal, incidental take by BILLING CODE 433–15–P Environmental Assessment; Request for Comments harassment of small numbers of northern sea otters between May 23, AGENCY: Fish and Wildlife Service, 2018, and September 30, 2018. The Interior. applicant has requested this

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authorization for take that may result availability of the species or stock for the following: (i) Permissible methods of from aircraft overflights in Cook Inlet, subsistence uses by coastal-dwelling taking; (ii) other means of effecting the Alaska. Aerial surveys are needed to Alaska Natives. least practicable impact on marine collect gravitational and magnetic data The term ‘‘take,’’ as defined by the mammals and their habitat, paying for oil and gas exploration. This MMPA, means to harass, hunt, capture, particular attention to rookeries, mating proposed authorization, if finalized, will or kill, or to attempt to harass, hunt, grounds, and areas of similar be for take by Level B harassment only; capture, or kill any marine mammal (16 significance, and on the availability of no take by injury or death will be U.S.C. 1362(13)). Harassment, as marine mammals for taking for authorized. The application package defined by the MMPA, means any act of subsistence uses by coastal-dwelling and the references cited herein are pursuit, torment, or annoyance that (i) Alaska Natives; and (iii) requirements available for viewing at http:// has the potential to injure a marine for monitoring and reporting take. mammal or marine mammal stock in the www.fws.gov/alaska/fisheries/mmm/ Summary of Request iha.htm or may be requested as wild (the MMPA calls this ‘‘Level A described under FOR FURTHER harassment’’), or (ii) has the potential to On November 2, 2017, Hilcorp INFORMATION CONTACT. disturb a marine mammal or marine Alaska, LLC (hereafter ‘‘Hilcorp’’ or ‘‘the applicant’’) submitted a request to the DATES: Comments on the proposed mammal stock in the wild by causing Service’s Marine Mammals Management incidental harassment authorization and disruption of behavioral patterns, Office (MMM) for authorization to take draft environmental assessment will be including, but not limited to, migration, a small number of northern sea otters accepted on or before May 29, 2018. breathing, nursing, breeding, feeding, or sheltering (the MMPA calls this ‘‘Level (Enhydra lutris kenyoni, hereafter ‘‘sea ADDRESSES: Document availability: You B harassment’’). otters’’ or ‘‘otters’’). Hilcorp expects that may obtain a copy of the draft The terms ‘‘negligible impact,’’ ‘‘small take by unintentional harassment may environmental assessment and a list of numbers,’’ and ‘‘unmitigable adverse occur during their planned oil and gas the references cited in this document by impact’’ are defined in the Code of exploration activities in Cook Inlet, the methods set out below. Federal Regulations at 50 CFR 18.27, the Alaska. Comment submission: You may Service’s regulations governing take of Hilcorp originally requested an IHA submit comments by one of the small numbers of marine mammals for take of sea otters resulting from both following methods: aerial and in-water seismic surveys • incidental to specified activities. U.S. mail or hand-delivery: Public ‘‘Negligible impact’’ is defined as an planned for April 1, 2018, through June Comments Processing, Attention: Ms. impact resulting from the specified 30, 2018. Aerial surveys measure the Kimberly Klein, U.S. Fish and Wildlife activity that cannot be reasonably gravitational and magnetic signatures of Service, MS 341, 1011 East Tudor Road, expected to, and is not reasonably likely the Earth’s crust to detect subsurface oil Anchorage, Alaska 99503; and gas deposits. Seismic surveys • to, adversely affect the species or stock Fax: (907) 786–3848, Attention: Ms. through effects on annual rates of measure sound waves reflected off the Kimberly Klein; or sea floor to detect offshore oil and gas • _ _ _ recruitment or survival. ‘‘Small Email: fw7 ak marine mammals@ numbers’’ is defined as a portion of a deposits. Both survey types create noise fws.gov. marine mammal species or stock whose that may cause sea otters to be harassed. See Request for Public Comments taking would have a negligible impact Hilcorp later notified the Service that below for more information. on that species or stock. However, we the seismic work will not be conducted FOR FURTHER INFORMATION CONTACT: Ms. do not rely on that definition here, as it as part of the 2018 project. On December Kimberly Klein, by mail (see conflates the terms ‘‘small numbers’’ 22, 2017, Hilcorp submitted an _ ADDRESSES); by email at kimberly and ‘‘negligible impact,’’ which we amended request withdrawing the [email protected]; or by telephone at 1– recognize as two separate and distinct seismic work. They retained the aerial 800–362–5148. requirements (see Natural Res. Def. survey work as originally planned and SUPPLEMENTARY INFORMATION: Council, Inc. v. Evans, 232 F. Supp. 2d adjusted the proposed dates to the period May 23, 2018, through July 1, Background 1003, 1025 (N.D. Cal. 2003)). Instead, in our small numbers determination, we 2018. We evaluated possible effects of Section 101(a)(5)(D) of the Marine evaluate whether the number of marine conducting the project between May 23, Mammal Protection Act of 1972, as mammals likely to be taken is small 2018, and September 30, 2018, rather amended (MMPA; 16 U.S.C. 1361, et relative to the size of the overall than between May 23, 2018, and June seq.), authorizes the Secretary of the population. ‘‘Unmitigable adverse 30, 2018, in order to provide flexibility Interior (Secretary) to allow, upon impact’’ is defined as an impact should additional time be needed to request, the incidental but not resulting from the specified activity (1) complete the proposed work. We intentional taking of small numbers of that is likely to reduce the availability evaluated the effects of conducting the marine mammals of a species or of the species to a level insufficient for same amount of work over a longer population stock by U.S. citizens who a harvest to meet subsistence needs by period, but we did not consider the engage in a specified activity (other than (i) causing the marine mammals to effects of conducting additional work. commercial fishing) within a specified abandon or avoid hunting areas, (ii) There is no expected change in the region during a period of not more than directly displacing subsistence users, or amount of take that would be 1 year. Incidental take may be (iii) placing physical barriers between authorized. authorized only if statutory and the marine mammals and the regulatory procedures are followed and subsistence hunters; and (2) that cannot Description of Specified Activities and the U.S. Fish and Wildlife Service be sufficiently mitigated by other Geographic Area (hereafter, ‘‘the Service’’ or ‘‘we’’) make measures to increase the availability of The specified activity (the ‘‘project’’) the following findings: (i) Take is of a marine mammals to allow subsistence consists of Hilcorp’s 2018 Lower Cook small number of animals, (ii) take will needs to be met. Inlet geophysical survey program. have a negligible impact on the species If the requisite findings are made, we Hilcorp will conduct aerial surveys over or stock, and (iii) take will not have an may issue an Incidental Harassment Cook Inlet between May 23, 2018, and unmitigable adverse impact on the Authorization (IHA), which sets forth July 1, 2018. Data will be collected by

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sensitive equipment mounted aboard 46366). Detailed information about the ranges of approximately 8 to 16 km (5 aircraft. All data collection is passive; biology and conservation status of the to 10 mi), which may include one or no signals will be emitted from the listed DPS can be found at https:// more male territories. Juveniles move equipment. www.fws.gov/alaska/fisheries/mmm/ greater distances between resting and The surveys will be conducted by seaotters/otters.htm. Stock assessment foraging areas (Lensink 1962; Kenyon flying a prescribed pattern of transect reports for the listed DPS and non-listed 1969; Riedman and Estes 1990; Estes lines over the Federal and State waters populations are available at https:// and Tinker 1996). of lower Cook Inlet and the shoreline of www.fws.gov/alaska/fisheries/mmm/ Although sea otters generally remain Alaska between 151.7° and 153.6° W., stock/stock.htm. local to an area, they are capable of and 59.4° and 60.5° N. This is the Sea otters may occur anywhere within long-distance travel. Otters in Alaska specified geographic area of the project. the specified project area other than have shown daily movement distances Two aircraft types will be used, a fixed- upland areas. The number of sea otters greater than 3 km (1.9 mi) at speeds up wing Basler BT–67 turboprop (a in Cook Inlet was estimated from an to 5.5 km/h (3.4 mi/h) (Garshelis and modified remanufactured Douglas DC– aerial survey conducted by the Service Garshelis 1984). In eastern Cook Inlet, 3) and an AS–350 B3 helicopter. The in cooperation with the U.S. Geological large numbers of sea otters have been helicopter will be flown over land and Survey (USGS) in May 2017 (USFWS observed riding the incoming tide within 4.8 kilometers (km) (3 miles (mi)) and USGS, unpublished data). The sea northward and returning on the of the coast, while the DC–3 will be otter survey was conducted in all areas outgoing tide, especially in August. flown over the offshore waters only. The of Cook Inlet south of approximately They are presumably feeding along the DC–3 will fly at about 333 kilometers 60.3° N. within the 40 m (131 ft) depth eastern shoreline of Cook Inlet during per hour (km/h) or 207 miles per hour contour, including Kachemak Bay in the slack tides when the weather is good (mi/h) while the AS–350 will fly at southeastern Cook Inlet and Kamishak and remaining in Kachemak Bay during about 100 km/h (62 mi/h). Bay in southwestern Cook Inlet. This periods of less favorable weather (Gill Fixed-wing transect lines will be survey was designed to estimate 2009; BlueCrest 2013). In western Cook flown in a northeast/southwest abundance in Cook Inlet while Inlet, otters appear to move in and out direction, generally parallel to the coast accounting for the variable densities and of Kamishak Bay in response to seasonal of Cook Inlet, and will be approximately observability of sea otters in the region. changes in the presence of sea ice 100 km (62 mi) long. Helicopter Total abundance was estimated to be (Larned 2006). transects will run roughly east/west and 19,889 sea otters (standard error = will be about 25 km (15.5 mi) long. Both 2,988). Within the project area, the Potential Effects of the Activities sets of transect lines will be spaced 500 highest densities of sea otters were Exposure of Sea Otters to Noise m (0.3 mi) apart and will be connected found in the outer Kamishak Bay area, by perpendicular tie lines at 5,000 with 3.5 otters per square km (km2), Hilcorp has requested authorization meters (m) (3.1 mi) apart. The fixed- followed by the eastern shore of Cook for Level B incidental harassment of sea wing survey will be flown at Inlet (1.7 otters per km2). Distribution of otters. Sea otters in Cook Inlet will be approximately 152 m (500 feet (ft)) the population during Hilcorp’s project exposed to the visual and auditory above sea level (ASL), and the is likely to be similar to that detected stimulation associated with Hilcorp’s helicopter will fly at 91 to 152 m (300 during sea otter surveys, as their work aerial surveys. Fixed-wing and to 500 ft) above ground level (AGL). will be conducted during the same time helicopter traffic is common in Cook Aerial surveys are expected to take of year that the sea otter surveys were Inlet, and the visual presence of aircraft approximately 14 days total within a 2- completed. alone is unlikely to cause sea otters to month period, although work days may Sea otters generally occur in shallow be harassed. If sea otters are disturbed, not be consecutive due to weather or water near the shoreline. They are most it will more likely be due to the airborne equipment delays. Standard fixed-wing commonly observed within the 40 m noise associated with Hilcorp’s flyovers, and helicopter operational limitations (131 ft) depth contour (USFWS 2014a, or possibly, the noise in tandem with apply, and weather delays, flight b) although they can be found in areas the sight of the aircraft. Hilcorp’s aerial ceilings, etc., will be at the discretion of with deeper water. Depth is generally surveys will generate noise that is the flight contractor. correlated with distance to shore, and louder and recurs more frequently than sea otters typically remain within 1 to noise from regular air traffic due to the Description of Marine Mammals in the 2 km (0.62 to 1.24 mi) of shore survey’s particular aircraft, low flight Specified Area (Riedman and Estes 1990). They tend to altitudes, and parallel transect pattern. The northern sea otter is currently the remain closer to shore during storms, Flyovers may cause disruptions in the only marine mammal under the but they venture farther out during good sea otter’s normal behavioral patterns, Service’s jurisdiction that normally weather and calm seas (Lensink 1962; thereby resulting in incidental take by occupies Cook Inlet, Alaska. Sea otters Kenyon 1969). Level B harassment. in Alaska are represented by three The documented home range sizes We expect the actual number of otters stocks. Those in Cook Inlet belong to and movement patterns of sea otters experiencing Level B take due to either the southwest Alaska stock or the illustrate the types of movements that harassment by noise to be 578 or fewer. southcentral Alaska stock, depending on could be seen among otters responding Otters may be taken more than once; the whether they occur west or east of the to Hilcorp’s activities. Sea otters are total number of incidental takes of sea center of Cook Inlet, respectively. A non-migratory and generally do not otters is expected to be less than 693. third stock occurs in southeast Alaska. disperse over long distances (Garshelis Hilcorp’s project, as it is currently The southwest stock of the northern and Garshelis 1984). They usually proposed, will not introduce anything sea otter corresponds to the remain within a few kilometers of their into the water, alter habitat, generate southwestern Distinct Population established feeding grounds (Kenyon sound below the water’s surface, or Segment (DPS), which was listed as 1981). Breeding males remain for all or expose any marine mammals to direct threatened under the Endangered part of the year in a breeding territory contact with people, equipment, or Species Act of 1973 (ESA; 16 U.S.C. covering up to 1 km (0.62 mi) of vessels. Take will be limited to 1531, et seq.) on August 9, 2005 (70 FR coastline. Adult females have home incidental, unintentional Level B

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harassment; no take from other sources Exposure Level (SEL; normally shown a frequency range of hearing is expected. referenced to 20 mPa2-s). most similar to that of southern sea Turboprop aircraft such as the DC–3 otters (Ghoul and Reichmuth 2014) and Noise From Hilcorp’s Aircraft are generally perceived to produce noise provide the closest related proxy for Whether a specific noise source will levels 10 to 20 dB higher than which data are available. Sea otters and affect a sea otter depends on several helicopters, which in turn are 10 to 20 pinnipeds share a common mammalian factors, including the distance between dB noisier than piston aircraft aural physiology (Echteler et al. 1994; the animal and the sound source, the (Ollerhead 1971). Based on information Solntseva 2007). Both are adapted to sound intensity, background noise on aircraft type, airspeed, and altitude, amphibious hearing, and both use levels, the noise frequency, duration, we assume the sound levels generated sound in the same way (primarily for and whether the noise is pulsed or by Hilcorp’s aircraft during aerial communication rather than feeding). continuous. The actual noise level gravitation and magnetic surveys will perceived by individual sea otters will not exceed a maximum of Exposure Thresholds depend on distance to the aircraft, approximately 90 dB at the water’s Noise exposure thresholds have been whether the animal is above or below surface. established by the National Marine water, atmospheric and environmental Fisheries Service (NMFS) for identifying conditions, and the operational Sea Otter Hearing underwater noise levels capable of conditions of the aircraft. Sound frequencies produced by causing Level A harassment (injury) of Noise production has been measured Hilcorp’s aircraft will fall within the marine mammals, including otariid for the DC–3 and the AS–350. Noise hearing range of sea otters and will be pinnipeds (NMFS 2016). Those levels herein are given in decibels (dB) audible to animals during flyovers. thresholds are based on estimated levels referenced to 20 mPa for airborne sound. Controlled sound exposure trials on of sound exposure capable of causing a All dB levels are dBRMS unless southern sea otters (E. l. nereis) indicate permanent shift in sensitivity of hearing otherwise noted; dBRMS refers to the that otters can hear frequencies between (e.g., a Permanent Threshold Shift (PTS) root-mean-squared dB level, the square 125 hertz (Hz) and 38 kilohertz (kHz) (NMFS 2016)). Thresholds for non- root of the average of the squared Sound with best sensitivity between 1.2 and 27 impulse sound are based on cumulative Pressure Level (SPL) typically measured kHz (Ghoul and Reichmuth 2014). SEL (SELcum) during a 24-hour period over 1 second. See Richardson et al. Aerial and underwater audiograms for a and include weighting adjustments for (1995), Go¨tz et al. (2009), Hopp et al. captive adult male southern sea otter in the sensitivity of different species to (2012), Navy (2014), or similar resources the presence of ambient noise suggest varying frequencies. These injury for descriptions of acoustical terms and the sea otter’s hearing was less sensitive thresholds were developed from measurement units in the context of to high-frequency (greater than 22 kHz) Temporary Threshold Shifts (TTS) ecological impact assessment. and low-frequency (less than 2 kHz) detected in lab settings during sound Standardized noise testing has been sounds than terrestrial mustelids but exposure trials. Studies were conducted for compliance with Federal similar to that of a sea lion. Dominant summarized by Finneran (2015). Aviation Administration (FAA) frequencies of southern sea otter Thresholds based on TTS have been regulations at 14 CFR part 36. During vocalizations are between 3 and 8 kHz, used as a proxy for Level B harassment these tests, the DC–3 produced noise with some energy extending above 60 (i.e., 70 FR 1871, January 11, 2005; 71 levels of 82.4 dBEPN (Effective Perceived kHz (McShane et al. 1995; Ghoul and FR 3260, January 20, 2006; and 73 FR Noise level) during takeoff, and 91.9 Reichmuth 2012). During FAA testing, 41318, July 18, 2008). dBEPN on approach (USDOT 2012). the test aircraft produced sound at all The NMFS (2016) guidance neither Other field-testing of the DC–3 frequencies measured (50 Hz to 10 kHz) addresses thresholds for preventing produced a peak SPL of 90 dBPEAK (Healy 1974; Newman and Rickley injury or disturbance from airborne during level flyovers at 265 km/hr (165 1979). At frequencies centered at 5 kHz, noise, nor provides thresholds for mi/hr) measured at 305 m (1,000 ft) jets flying at 300 m (984 ft) produced 1⁄3 avoidance of Level B take. However, it from the flightpath (Ollerhead 1971; octave band noise levels of 84 to 124 dB, does provide a framework for Fink 1977). During a gliding flight path propeller-driven aircraft produced 75 to assessment of potential consequences of at 152.4 m (500 ft) altitude and 90 dB, and helicopters produced 60 to noise exposure. Exposure to airborne airspeeds around 278 km/hr (173 mi/h), 70 dB (Richardson et al. 1995). noise has been estimated to cause TTS a maximum of 79.6 dB was recorded Exposure to high levels of sound may in the California sea lion after 1.5 to 50 (Healy 1974). See 14 CFR part 36 for cause changes in behavior, masking of minutes of exposure to sound at SPLs of calculation of dBEPN from field communications, temporary or 94 to 133 dB; TTS onset was estimated measurements of sound. permanent changes in hearing to occur at 159 dB SELcum (Kastak et Documented noise levels of the AS– sensitivity, discomfort, and injury. al. 2004, 2007). The U.S. Navy adopted 350 recorded for FAA compliance Species-specific criteria for sea otters 159 dB SELcum as a TTS threshold measured 89.8 to 91.1 dBEPN during have not been identified for preventing level and used it to estimate onset of takeoff and 91.3 to 91.4 dBEPN on harmful exposures to sound. Thresholds PTS and set a threshold for otariid approach; level straight-line flyovers at have been developed for other marine pinnipeds at 168 dB SELcum (Finneran an altitude of 305 m (1,000 ft) produced mammals, above which exposure is and Jenkins, 2012). Southall et al. (2007) noise levels from 86.8 to 87.1 dBEPN likely to cause behavioral disturbance reviewed the literature and (USDOT 2012). Newman and Rickley and injuries (Southall et al. 2007; recommended dual injury thresholds for (1979) reported 91.2 dBEPN on approach, Finneran and Jenkins 2012; NMFS PTS for sea lions exposed to discrete 89.2 dBEPN during takeoff, and 87.2 2016). Because sea otter hearing abilities non-pulsed airborne noise of 149 dBEPN during level flyovers at and sensitivities have not been fully dBPEAK and 172.5 dB SELcum. approximately 150 m (492 ft) altitude. evaluated, we relied on the closest Acoustic thresholds can be reached Falzarano and Levy (2007) reported that related proxy to evaluate the potential from acute exposure to high sound overflights by the AS–350 at a distance effects of noise exposure. levels or from long periods of exposure of 122 m (400 ft) AGL produced an California sea lions (Zalophus to lower levels. Both the sound levels FAA-certified 83.5 dBA Sound californianus) (otariid pinnipeds) have and durations of exposure from

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Hilcorp’s aircraft will depend primarily time, meaning that SELcum will alertness and a decrease in maternal on a sea otter’s distance from the increase or decrease on a 1:1 basis with attendance and resting time on land, transect during a flyover. Airborne increasing or decreasing SPL, and thereby potentially reducing population sound attenuation rates are affected by increase or decrease by 3 dB for each size. In another example, killer whales characteristics of the atmosphere and doubling or halving of exposure time, (Orcinus orca) that lost feeding topography, but can be conservatively respectively (Finneran et al. 2015). opportunities due to boat traffic faced a generalized for line sources (such as Based on this relationship, we can substantial (18 percent) estimated flight lines) over acoustically ‘‘hard’’ estimate the SELcum from flyover decrease in energy intake (Williams et surfaces like water (rather than ‘‘soft’’ exposures. For example, using a simple al., 2006). Such disturbance effects can surfaces like snow) by a loss of 3 dB per equation SPL + 10log10 (duration of have population-level consequences. doubling of distance from the source. At exposure, expressed in seconds) (NMFS Increased disturbance rates have been this attenuation rate, a sound registering 2016), SELcum may reach 120 dB for associated with a decline in abundance 90 dB directly below a flyover at 91 to the anticipated activities (90 + 10log10 of bottlenose dolphins (Tursiops sp.) 152 m (300 to 500 ft) ASL will attenuate (1,080) ≈ 120.3 dB, where 1,080 (Bejder et al., 2006; Lusseau et al., to 80 dB in 1 to 1.5 km (0.6 to 0.9 mi). represents 18 passes at 60 seconds 2006). The same noise level will attenuate to each). This specific model is generally These examples illustrate direct 68 dB (the upper range of ambient used in underwater applications, and it effects on survival and reproductive conditions near Cook Inlet per assumes a constant received sound level success, but disturbances can also have Blackwell (2005)) within 15 to 24 km (9 that does not change over space and indirect effects. Response to noise to 15 mi). time (e.g., Urick 1983; ANSI 1986; disturbance is considered a nonlethal At rates of speed proposed for Madsen 2005). Additionally, Hilcorp’s stimulus that is similar to an Hilcorp’s aircraft (333 km/hr (207 mi/h) flight lines do not cover the same area antipredator response (Frid and Dill for the DC–3 and 100 km/hr (62 mi/h) multiple times, so sea otters are unlikely 2002). Sea otters are susceptible to for the AS–350 helicopter) sea otters to be exposed to sound from all passes predation, particularly from killer will be exposed to sound levels between in a day. Therefore, this model is whales and eagles, and have a well- 80 and 90 dB for up to 1 minute per expected to overestimate a sea otter’s developed antipredator response to flyover by either aircraft. Sea otters will cumulative exposure to sound during perceived threats. For example, experience sound levels less than 80 dB flyovers, but it demonstrates that the Limbaugh (1961) reported that sea otters but greater than ambient for up to 2.5 airborne noise generated by Hilcorp’s were apparently undisturbed by the minutes as the DC–3 passes by, and up aircraft during gravitational and presence of a harbor seal (Phoca to 13.5 minutes when the AS–350 magnetic surveys will not cause TTS in vitulina), but they were quite concerned helicopter flies by. About 15 to 18 sea otters, even for an otter located at with the appearance of a California sea passes per day will be required to the closest point of approach during lion. They demonstrated their fear by complete the survey during the allotted multiple flyovers. actively looking above and beneath the period. This scenario suggests that otters water when a sea lion was swimming within the helicopter survey area could Response to Disturbance nearby. potentially be exposed to continual The potential that Hilcorp’s aerial Although an increase in vigilance or sound levels that are higher than surveys will cause take due to changes a flight response is nonlethal, a tradeoff ambient for the duration of each day’s in the hearing abilities (TTS or PTS) of occurs between risk avoidance and work. sea otters is negligible. However, the energy conservation. An animal’s No value representing the upper limit project may result in Level B take by reactions to noise disturbance may of safety for prolonged exposure has harassment due to an individual’s cause stress and direct an animal’s been identified for sea otters, but a sea reaction to project noise. The actual energy away from fitness-enhancing lion exposed to an SPL of 94 dB for 12 number of takes will depend on the activities such as feeding and mating minutes did not show a statistically number of times individual sea otters (Frid and Dill 2002; Goudie and Jones significant TTS (Kastak et al. 2007). In perceive Hilcorp’s activities and 2004). For example, Southern sea otters humans, prolonged exposure to 80 dBA respond with a significant behavioral in areas with heavy recreational boat is unlikely to cause hearing loss (dBA is change in a biologically important traffic demonstrated changes in the decibel level weighted at activity. behavioral time budgeting showing frequencies sensitive to human hearing). decreased time resting and changes in Direct and Indirect Effects Although the decibel levels here have haulout patterns and distribution not been weighted for the sensitivity of The reactions of wildlife to (Benham et al., 2005; Maldini et al., sea otters to specific frequencies, disturbance can range from short-term 2012). Chronic stress can also lead to weighting adjustments generally reduce behavioral changes to long-term impacts weakened reflexes, lowered learning the dB level of sounds at frequencies that affect survival and reproduction. responses (Welch and Welch 1970; van outside of the range of greatest When disturbed by noise, animals may Polanen Petel et al., 2006), sensitivity. We therefore assume respond behaviorally (e.g., escape compromised immune function, prolonged exposure to 80 dB response) or physiologically (e.g., decreased body weight, and abnormal (unweighted) will not cause TTS in sea increased heart rate, hormonal response) thyroid function (Seyle 1979). otters. (Harms et al. 1997; Tempel and Changes in behavior resulting from We then considered the potential Gutierrez 2003). The energy expense anthropogenic disturbance can include effect of repeated 1-minute exposures to and associated physiological effects increased agonistic interactions between SPLs greater than 80 dB. The SELcum could ultimately lead to reduced individuals or temporary or permanent of a sea otter positioned below the survival and reproduction (Gill and abandonment of an area (Barton et al., aircraft can be estimated based on the Sutherland 2000; Frid and Dill 2002). In 1998). The type and extent of response duration of exposure and sound level at an example described by Pavez et al., may be influenced by intensity of the the location of the animal. Cumulative (2015), South American sea lions disturbance (Cevasco et al., 2001), the SEL is linearly related to the SPL and (Otaria byronia) visited by tourists extent of previous exposure to humans logarithmically related to the exposure exhibited an increase in the state of (Holcomb et al. 2009), the type of

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disturbance (Andersen et al., 2012), and level of underwater noise (BlueCrest project due to the existing continual air the age and/or sex of the individuals 2013). traffic in the area and will have little, if (Shaughnessy et al. 2008; Holcomb et Disturbances of sea otters due to any, reaction to flyovers. However, al., 2009). Despite the importance of aircraft have been observed in Alaska. noise levels from aircraft will be louder understanding the effects of disturbance Biologists conducting aerial surveys for and will recur more frequently than that from sound, few controlled experiments the Service and the USGS to determine from regular air traffic in the region. or field observations have been sea otter abundance between 2008 and Effects on Habitat conducted on sea otters to address this 2015 reported disturbances of sea otters topic. (USFWS and USGS unpublished data). Habitat areas of significance for sea Bodkin and Udevitz (1999) conducted otters exist near the project area. Sea Evidence From Sea Otter Studies sea otter surveys and reported otter critical habitat was designated The available studies of sea otter disturbances caused by various flight under the ESA (74 FR 51988, October 8, behavior indicate that sea otters are patterns. Sea otter disturbances were 2009). In Cook Inlet, critical habitat somewhat more resistant to the effects also reported between 2009 and 2012 occurs along the western shoreline of sound than other marine mammals during aerial surveys conducted to south of approximately Redoubt Point. (Riedman 1983, 1984; Ghoul et al., determine bird and marine mammal It extends from mean high tide line out 2012a, b; Reichmuth and Ghoul 2012). distribution in Cook Inlet (ABR, Inc. to 100 m (328.1 ft) from shore or to the Southern sea otters off the California 2010–2013). From all sources, the mean 20 m (65.6 ft) depth contour. Physical coast showed only mild interest in boats rate of disturbance during aerial surveys and biological features of critical habitat passing within hundreds of meters and was 18.3 percent (2,288 out of 30,611 essential to the conservation of sea appeared to have habituated to boat sea otters observed), ranging from 8.0 to otters include the benthic invertebrates traffic (Riedman 1983; Curland 1997). 29.2 percent (USFWS and USGS (urchins, mussels, clams, etc.) eaten by Southern sea otters in an area with unpublished data, Bodkin and Udevitz otters and the shallow rocky areas and frequent railroad noise appeared to be 1999, ABR, Inc. 2010–2013). Most of the kelp beds that provide cover from relatively undisturbed by pile-driving disturbances involved otters diving, predators. Other important habitat in activities, many showing no response swimming out of the area, or swimming the Hilcorp project area includes outer and generally reacting more strongly to erratically during overflights. Flying a Kamishak Bay between Augustine passing vessels than to the sounds of more intensive search pattern (circling Island and Iniskin Bay within the 40 m pile driving equipment (ESA 2016). overhead) or flying at lower altitudes (131 ft) depth contour where high When sea otters have displayed resulted in greater disturbance rates densities of otters have been detected. behavioral disturbance in response to than straight-line flights at higher Sea otters within this important area acoustic stimuli, these responses were altitudes. Among these surveys, the and within the critical habitat may be short-lived, and the otters quickly reported rate of Level B harassment was affected by aerial surveys conducted by become habituated and resumed normal below 0.1 percent (0 to 0.8 percent); 18 Hilcorp. The MMPA allows the Service activity (Ghoul et al., 2012b). Sea otters confirmed Level B takes were recorded to identify avoidance and minimization may be less sensitive to noise because among 19,500 animals observed measures for effecting the least whereas many marine mammals depend (USFWS and USGS unpublished data). practicable impact of the specified on acoustic cues for vital biological Some degree of disturbance is activity on important habitats. However, functions such as orientation, possible from Hilcorp’s activities. the project, as currently proposed, will communication, locating prey, and Individual sea otters in Cook Inlet will have no effect on habitat. avoiding predators, sea otters do not show a range of responses to noise from Mitigation and Monitoring rely on sound to orient themselves, Hilcorp’s aircraft. Some may abandon locate prey, or communicate the survey area and return when the If an IHA for Hilcorp’s project is underwater. disturbance has ceased. Based on the issued, it must specify means for In locations without frequent human observed movement patterns of wild sea effecting the least practicable impact on activity, sea otters appear to be more otters (i.e., Lensink 1962; Kenyon 1969, sea otters and their habitat, paying easily disturbed. Sea otters in Alaska 1981; Garshelis and Garshelis 1984; particular attention to habitat areas of have shown signs of disturbance (escape Riedman and Estes 1990; Estes and significance, and on the availability of behaviors) in response to the presence Tinker 1996, and others) we expect sea otters for taking for subsistence uses and approach of vessels. Behaviors some individuals, independent by coastal-dwelling Alaska Natives. included diving or actively swimming juveniles, for example, will respond to Hilcorp has proposed to minimize the away from a boat, hauled-out sea otters Hilcorp’s proposed activities by effects of their action by maintaining entering the water, and groups of sea dispersing to areas of suitable habitat minimum flight altitudes, providing otters disbanding and swimming in nearby, while others, especially training to aircraft pilots to identify and multiple different directions (Udevitz et breeding-age adult males, will not be monitor otters, reporting observations of al., 1995). Sea otters in Alaska have also displaced by overflights. otters to the Service, and coordinating been shown to avoid areas with heavy Some otters will likely show startle with subsistence hunting communities. boat traffic but return to those same responses, change direction of travel, or These measures are specified under areas during seasons with less traffic dive. Sea otters reacting to overflights Proposed Authorization, part B. (Garshelis and Garshelis 1984). In Cook may divert time and attention from Avoidance and Minimization. Inlet, otters were observed riding the biologically important behaviors, such We evaluated various alternatives to tides past a new offshore drilling as feeding. Some effects may be these proposed mitigation measures to platform while drilling was being undetectable in observations of determine the means of effecting the conducted; otters drifting on a trajectory behavior, especially the physiological least practicable impact to sea otters and that would have taken them within 500 effects of chronic noise exposure. Air their availability for subsistence use. m (0.3 mi) of the rig tended to swim to traffic, commercial and recreational, is Decreasing the survey length and change their angle of drift to avoid a routine in Cook Inlet. Some sea otters in increasing flight altitudes were not close approach although noise levels the area of activity may become considered practicable for from the work were near the ambient habituated to noise caused by the accomplishing the magnetic and

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gravitational survey. Hilcorp suggested view (spyhopping) while apparently reactions. The best predictor of temporarily increasing flight altitude or agitated or while swimming away; behavioral response for sea otters diverting away from the flight path • In the case of a pup, repeatedly exposed to airborne sound is the when groups of sea otters were spyhopping while hiding behind and distance at which the encounter occurs encountered. We evaluated this option, holding onto its mother’s head; in relation to the sound level produced. but at the requisite flight speeds and • Abandoning prey or feeding area; To predict the total number of Level initial altitudes, it is unlikely that otters • Ceasing to nurse and/or rest B takes, we distributed a questionnaire can be spotted until the survey aircraft (applies to dependent pups); to professional biologists with is too close to avoid disturbance. • Ceasing to rest (applies to experience conducting aerial surveys in Evasive maneuvers such as an abrupt independent animals); regions with sea otters. The survey • increase in altitude or change in Ceasing to use movement corridors requested information about the direction will result in increased noise along the shoreline; respondent, the aircraft used, the flight • Ceasing mating behaviors; altitude, and the reactions of otters to production due to the additional engine • power and changes in aircraft Shifting/jostling/agitation in a raft aircraft. Six useable responses were configuration necessary for these tasks. so that the raft disperses; received in the time allotted; four were • Sudden diving of an entire raft; from professional sea otter biologists These maneuvers would probably • increase, rather than decrease, the level Flushing animals off a haulout. who have each conducted more than This list is not meant to encompass all of noise exposure. Additionally, the five sea otter surveys. possible behaviors, other situations may pilot would later need to return to the Survey responses reported that, on also indicate Level B take. same flight path to complete the average, 26 percent of sea otters located transect, potentially encountering the Estimating Exposure Rates directly below the aircraft appear to react to the presence of the aircraft. same otters and causing another To estimate the numbers of sea otters disturbance. Survey respondents reported that at a likely to experience Level B take, we point on the water’s surface 100 m (328 Estimated Incidental Take first calculated the number of otters in ft) perpendicular to the flight line, the Cook Inlet that occur within the Hilcorp disturbance rate dropped to just below Characterizing Take by Level B project area. Number of otters was Harassment 20 percent. At 250 m (820 ft) from the calculated from density multiplied by flight line, just over 10 percent of sea An individual sea otter’s reaction will project area. Density was estimated otters reacted to aircraft, and at 500 m depend on its prior exposure to low- according to region in Cook Inlet. (1,640 ft) away, less than seven percent flying aircraft, its need or desire to be in Density data for Kamishak and the East reacted. At 1,000 m (3,281 ft), less than the particular area, its physiological side of Cook Inlet along the shore of the one percent of otters were disturbed by status, or other intrinsic factors. The Kenai Peninsula was derived from aerial aircraft overflights. location, timing, frequency, intensity, surveys conducted in May 2017 We then evaluated whether Hilcorp’s and duration of the encounter are (USFWS and USGS, unpublished data). project will expose sea otters to among the external factors that will also Surveys were not conducted for central comparable noise levels to those during influence the animal’s response. Cook Inlet in 2017, and 2017 surveys surveys conducted by questionnaire Relatively minor reactions such as did not yield useful results for western respondents. Hilcorp will use an AS– increased vigilance or a short-term Cook Inlet north of Kamishak, so the 350 and a modified DC–3. Hilcorp’s change in direction of travel are not density for those regions was derived aerial surveys will be conducted at 92 likely to disrupt biologically important from the 2002 surveys conducted by to 152 m (300 to 500 ft) for the AS–350 behavioral patterns and are not Bodkin et al. (2003) and corrected for and 152 m (500 ft) for the DC–3. Small considered take by harassment as population growth proportional to the fixed-wing aircraft such as the Piper defined by the MMPA. These types of growth rate of Cook Inlet as a whole, as PA–18 Super Cub, Cessna 185 and 206, responses typify the most likely determined from comparison of the and 18–GCBC Scout were most often reactions of the majority of sea otters 2002 and 2017 surveys. Density values used by questionnaire respondents and that will be exposed to Hilcorp’s (in otters per km2) were 1.7 in East Cook were generally flown at 92 to 152 m activities. Extreme behavioral reactions Inlet (excluding Kachemak Bay and the (300 to 500 ft) ASL. Larger twin-engine capable of causing injury are outer Coast of Kenai Peninsula south aircraft were also used, including the characterized as Level A harassment and east of Seldovia), 3.5 in Kamishak Aero Commander and the Partenavia events, which are unlikely to result from Bay, and 0.026 in West and Central P.68. Questionnaire respondents the proposed project and will not be Cook Inlet. indicated the use of the Partenavia P.68 authorized. Examples include Hilcorp’s project area boundary flown at 61 m (200 ft) ASL during separation of mothers from young or contains about 6,625 km2 (2,558 square surveys for southern sea otters. repeatedly flushing sea otters from a mi (mi2)) excluding land. Of this area, Helicopters used during sea otter haulout. 1,039 km2 (401 mi2) is in East Cook surveys included the Hughes 500 and Intermediate reactions that disrupt Inlet, 830 km2 (310 mi2) in Kamishak Hughes 369 flown at 92 to 152 m (300 biologically significant behaviors and Bay, and 1,870 km2 (722 mi2) in West to 500 ft) ASL. may potentially result in decreased and Central Cook Inlet. The total Field tests for the Hughes 500 have fitness for the affected animal meet the number of otters within the Hilcorp demonstrated a maximum overall SPL criteria for Level B harassment under project area was calculated to be 4,753 of 87.6 dB as measured at ground level the MMPA. In 2014, the Service otters ((1,039 × 1.7) + (831 × 3.53) + on the centerline of the flight path identified the following sea otter (1,870 × 0.026) ≈ 4,753). during straight-line flyovers at 150 m behaviors as indicating possible Level B (492 ft) altitude and at a stable airspeed take: Predicting Behavioral Response Rates of 111 km/h (69 mi/h) (Newman and • Swimming away at a fast pace on Although we cannot predict the Rickley 1979). The Hughes 500 and the belly (i.e., porpoising); outcome of each encounter between a AS–350 should generally produce a • Repeatedly raising the head sea otter and one of Hilcorp’s aircraft, it similar level of noise at the same vertically above the water to get a better is possible to consider the most likely altitude, although the AS–350 will be

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slightly louder. Indeed, Newman et al. day basis in ArcGIS® using transect likelihood of disturbance during 1982 reported signatures for the AS–350 lines provided by Hilcorp. The total overflights when otters were located at that were about 5 to 7 dB higher than transect length was divided into 14 each respective distance from the those of the Hughes 500. polygons representing 4 helicopter and centerline of a survey flight path. The The Aero Commander was the largest 10 fixed-wing ‘‘flight days.’’ The ends of questionnaire responses were averaged aircraft used during sea otter surveys. It fixed-wing transects were connected by to determine the appropriate probability produces a maximum of 75.4 dB during a line of the minimum length necessary multiplier for each distance category. a gliding flight path at 152.4 m (500 ft) to circle a 1-nautical-mile perimeter, The maximum distance at which a altitude and airspeeds up to 324 km/hr based on the turn radius of a DC–3. The reaction could possibly be expected was (201 mi/hr) (Healy 1974). The Aero ends of helicopter transects were joined predicted to be 1,000 m (3,281 ft). This Commander is expected to be roughly 5 with straight lines to connect one to the distance was supported in the responses dB quieter than the DC–3. The second next. Both fixed-wing and helicopter given by survey respondents. largest aircraft, the Partenavia, produced transect lines were connected in a Multipliers are given in Table 3 as the noise levels measured for FAA zigzag pattern to simulate minimal off- proportion of otters in each distance compliance up to 78.2 dBA during transect travel routes. Transects in each category that are likely to be disturbed flyovers at 305 m (1000 ft). The Piper of the 14 flight days were then buffered during flyovers. PA–18 produced 65.9 dBA, and the to represent the area per day of potential Cessna 206 ranged from 75.4 to 79.4 disturbance effects. Finally, the total number of dBA at 305 m (1,000 ft) (USDOT 2012). Multi-ring buffers were created disturbances in response to Hilcorp’s For the Partenavia, back calculating around transect lines to represent zones flyovers was estimated by multiplying from FAA standards using an estimated with variable probabilities of the number of otters within each 3 to 6 dB loss per doubling of distance disturbance determined by distance distance category (Table 2) by the indicates this aircraft at 200 ft ASL may from the center line of the flight path as applicable probability multiplier for have exposed sea otters to 85 to 92 dB measured along the water’s surface to a each category of distance from the while a Cessna 206 at 300 ft would have point directly below the aircraft. Rings centerline of a survey flight path (Table generated from 84.6 to 89.8 dB. Both of were established at distance categories 3). The total number of disturbances these are within the possible range of of 20, 100, 250, 500, 750, and 1,000 m was then summed by region in Cook noise produced by the DC–3. The Piper (66, 328, 820, 1,640, 2,461, and 3,281 ft) Inlet and by stock. A total of 693 PA–18 flying at 91 m (300 ft) would from the transect lines. Overlapping behavioral responses are likely. Of likely expose sea otters to sound rings within the same distance these, 523 and 170 will occur among pressure levels ranging from 71.1 to 76.4 categories were merged within, but not otters belonging to the southwestern and dB. between flight days. The total area of southcentral stocks, respectively. ® In conclusion, there is overlap in the each ring was summed in ArcGIS . To estimate the number of individual sound levels that will be produced by Table 1 shows the area calculated otters taken, we again calculated the Hilcorp’s project and those generated within each ring by distance from the area within each distance category; but during sea otter surveys conducted by transect. this time, we merged polygons both Next, the density of otters within each questionnaire respondents. Therefore, within and between flight days to region in Cook Inlet was multiplied by disturbance rates from Hilcorp’s remove repeated exposures. All other the area within each transect buffer to activities will be adequately represented calculations were repeated. We represent the number of otters by the rates of sea otter disturbance estimated 578 individual otters could be potentially affected by Hilcorp’s project reported by biologists. disturbed by Hilcorp’s project. Of these, according to categorical distance from 410 belong to the southwest stock, and Calculating Take the centerline of the nearest overflight. 168 belong to the southcentral stock We then used the estimated response Table 2 shows the calculated numbers rates of sea otters, as described by of otters within each transect buffer ring (Table 5). questionnaire responses provided by by region in Cook Inlet. Table 1. Area (km2) of potential professional biologists, to predict the A probability multiplier was then aircraft disturbance within specified total number of possible reactions that applied to each ring to represent the distances (m) from aircraft flight lines could result from Hilcorp’s project. To probability of disturbance for otters by region of Cook Inlet. Area within do this, we multiplied the size of the within a given distance from a transect. each distance category was measured in project area by the density of otters and Alternately, the multipliers represent ArcGIS® by creating concentric buffers the probability of disturbance according the declining sound exposure levels of the specified width extending to the distance from the flight line. with increasing distance from an aircraft outward from the aircraft flight lines. Details follow. flight line. As described previously, the Area is given by region within Cook The area within which sea otters may multipliers were identified by polling Inlet (CI) and by stock be disturbed was calculated on a per sea otter biologists regarding the (SC=Southcentral, SW=Southwestern).

2 Region in cook inlet Area (km ) within distance categories (stock) 20 m 100 m 250 m 500 m 750 m 1000 m

Kamishak (SW) ...... 74.10 292.75 533.01 104.80 95.45 92.57 Upper West (SC) ...... 119.67 476.95 897.08 188.25 174.83 172.86 East Cook Inlet (SW) ...... 50.20 198.65 371.20 52.59 47.08 47.34 Central CI (SC) ...... 87.44 348.42 648.00 124.23 116.10 109.88 Central CI (SW) ...... 121.49 484.49 901.24 164.51 157.44 151.76

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Table 2. Estimated number of otters of Cook Inlet. Numbers were estimated each region by area within distance within specified distances (m) of by multiplying density of sea otters in categories given in Table 1. Hilcorp’s proposed flight lines by region

Region in Cook Inlet Density (sea Distance categories (stock) otters per km2) 20 m 100 m 250 m 500 m 750 m 1000 m

Kamishak (SW) ...... 3.530 261.58 1033.48 1881.66 369.98 336.97 326.78 Upper West (SC) ...... 0.026 3.11 12.39 23.30 4.89 4.54 4.49 East Cook Inlet (SW) ...... 1.705 85.57 338.65 632.79 89.66 80.25 80.69 Central CI (SC) ...... 0.026 2.27 9.05 16.83 3.23 3.02 2.85 Central CI (SW) ...... 0.026 3.16 12.58 23.41 4.27 4.09 3.94

Table 3. Estimated probability of distance from flight line, as measured point directly below the flight line behavioral responses of sea otters by outward across the water surface from a transect.

Distance (meters) 20 100 250 500 750 1000

Probability ...... 0.258 0.198 0.107 0.068 0.030 0.004

Table 4. Estimated number of disturbances potentially caused by calculated by multiplying values in behavioral responses (Level B takes) aircraft overflights according to distance Table 2 by those in Table 3. calculated as the total number of from the flightpath. Entries were

Total number of Distance (meters) 20 100 250 500 750 1000 disturbances by region

Region (Stock): Kamishak (SW) ...... 67.58 204.97 200.71 25.29 10.11 1.31 509.96. Upper West (SW)...... 0.80 2.46 2.49 0.33 0.14 0.02 6.23. East Cook Inlet (SC) ...... 22.11 67.17 67.50 6.13 2.41 0.32 165.63. Central CI (SC)...... 0.59 1.79 1.80 0.22 0.09 0.01 4.50. Central CI (SW)...... 0.82 2.50 2.50 0.29 0.12 0.02 6.24.

Total Number of Disturbances, by Distance from 91.89 278.89 274.99 32.26 12.87 1.68 Overall Total: 692.56. Flightpath.

Totals by Stock SW: 522.43: SC: from aircraft overflights by distance exception that in areas where project 170.13. from flightpath, region, and stock. activities overlapped between days, Table 5. Estimated number of otters Entries were calculated in the same behavioral responses were counted only experiencing disturbance (Level B take) manner as for Table 4, with the once.

Total number of Distance (meters) 20 100 250 500 750 1000 otters disturbed, by region

Region (Stock): Kamishak (SW)...... 54.55 166.43 165.54 8.76 3.12 0.41 398.80. Upper West (SW)...... 0.79 2.42 2.46 0.06 0.02 0.00 5.75. East Cook Inlet (SC) ...... 22.11 67.17 67.32 4.98 1.70 0.21 163.48. Central CI (SC)...... 0.59 1.80 1.79 0.03 0.01 0.00 4.23. Central CI (SW)...... 0.82 2.49 2.49 0.02 0.01 0.00 5.83.

Total Number of Otters Disturbed, by Distance 91.89 278.89 274.99 32.26 12.87 1.68 Overall total: 578.10. from Flight Path.

Totals by Stock SW: 410.38: SC: indicate harassment or disturbance. 2014 efforts to characterize behaviors 167.71. There are likely to be a proportion of that indicate take were applied in the Critical Assumptions animals that respond in ways that field in 2016. The reported rate of take indicate some level of disturbance but prior to 2016 may not represent the We propose to authorize up to 693 do not experience significant biological current definition; and therefore, it was takes of 578 sea otters by Level B consequences. A correction factor was not deemed appropriate for use in harassment from Hilcorp’s aerial survey not applied, although we considered determining the ratio of behavioral program. In order to conduct this using the rate of Level B take reported response to Level B take. This will analysis and estimate the potential by Service biologists during sea otter result in overestimation in take amount of Level B take, several critical surveys conducted between 2008 and calculations. assumptions were made. Level B take by harassment is equated 2015 (below 0.01 percent; USFWS and We assumed that the mean behavioral herein with behavioral responses that USGS, unpublished data). The Service’s response rates of sea otters indicated by

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the questionnaires returned by recent stock abundance estimates for the Nanwalek, Seldovia, and Port Graham. biologists are representative of sea otter. Take of 578 otters includes Between 2013 and 2017, approximately responses of sea otters exposed to 410 from the southwest stock, and 168 145 sea otters were harvested from Cook Hilcorp’s work. There are several from the southcentral stock. Take of 410 Inlet, averaging 29 per year (although underlying assumptions. Noise levels animals is 1 percent of the best available numbers from 2017 are preliminary). produced by aircraft used by biologists estimate of the current population size The large majority were taken in versus those used by Hilcorp were of 45,064 animals in the southwest stock Kachemak Bay. Harvest occurs year- examined and found to be comparable. (USFWS 2014a) (410/45,064 ≈ 0.009). round, but peaks in April and May, with The otters in Cook Inlet are assumed to Take of 168 is about 1 percent of the about 40 percent of the total taken at exhibit a similar range of reactions to 18,297 animals in the southcentral stock this time. February and March are also comparable levels of aircraft noise. The (USFWS 2014b) (168/18,297 ≈ 0.009). high harvest periods, with about 10 validity of this assumption has not been Although an estimated 693 instances of percent of the total annual harvest examined, but mean disturbance rates take of 578 otters by Level B harassment occurring in each of these months. reported by questionnaire respondents are possible, most events are unlikely to The proposed project area will avoid (Table 3) are within the expected range have significant consequences for the Kachemak Bay and therefore avoid reported by Bodkin and Udevitz (1999), health, reproduction, or survival of significant overlap with subsistence the Service and the USGS (unpublished affected animals. harvest areas. Hilcorp’s activities will data), and ABR, Inc., (2010–2013), Noise levels are not expected to reach not preclude access to hunting areas or suggesting that these disturbance rates levels capable of causing harm. Animals interfere in any way with individuals may also be appropriate in Cook Inlet. in the area are not expected to incur wishing to hunt. Hilcorp’s aircraft may Our estimates do not account for hearing impairment (i.e., TTS or PTS). displace otters, resulting in changes to variable responses by age and sex. The Level A harassment is not expected to availability of otters for subsistence use available information suggests that sea occur. Aircraft noise may cause during the project period. Otters may be otters are generally resilient to low behavioral disturbances. Sea otters more vigilant during periods of levels of disturbance. Females with exposed to sound produced by the disturbance, which could affect hunting dependent pups and with pups that project are likely to respond with success rates. Hilcorp will coordinate have recently weaned are temporary behavioral modification or with Native villages and Tribal physiologically the most sensitive displacement. With the adoption of the organizations to identify and avoid (Thometz et al. 2014) and most likely to measures proposed in Hilcorp’s potential conflicts. If any conflicts are experience take from disturbance. There mitigation and monitoring plan and identified, Hilcorp will develop a Plan is not enough information on required by this proposed IHA, we of Cooperation (POC) specifying the composition of the Cook Inlet sea otter conclude that the only anticipated particular steps that will be taken to population in the Hilcorp survey area to effects from noise generated by the minimize any effects the project might incorporate individual variability based proposed project would be the short- have on subsistence harvest. on age and sex or to predict its influence term temporary behavioral alteration of on take estimates. Our estimates are sea otters. Findings Aircraft activities could temporarily derived from a variety of sample Small Numbers populations with various age and sex interrupt the feeding, resting, and structures, and we assume the response movement of sea otters. Because For small numbers analyses, the rates are applicable. activities are expected to occur for 14 statute and legislative history do not The estimates of behavioral response days during a 60- to 150-day period, expressly require a specific type of presented here do not account for the impacts associated with the project are numerical analysis, leaving the individual movements of animals away likely to be temporary and localized. determination of ‘‘small’’ to the agency’s from the Hilcorp survey area or The anticipated effects include short- discretion. In this case, we propose a habituation of animals to the survey term behavioral reactions and finding that the Hilcorp project may noise. Our assessment assumes animals displacement of sea otters near active result in approximately 693 takes of 578 remain stationary; i.e., density does not operations. otters, of which, 522 takes of 410 change. There is not enough information Animals that encounter the proposed animals will be from the southwest about the movement of sea otters in activities may exert more energy than stock and 170 takes of 168 otters will be response to specific disturbances to they would otherwise due to temporary from the southcentral stock. This refine this assumption. This situation is cessation of feeding, increased represents about 1 percent of each stock, likely to result in overestimation of take. vigilance, and retreat from the project respectively (USFWS 2014a, b). Level B harassment due to Hilcorp’s area, but we expect that most would Predicted levels of take were project will be some fraction of the tolerate this exertion without determined based on estimated density estimated number of behavioral measurable effects on health or of sea otters in the project area and the responses elicited from sea otters; but, reproduction. In sum, we do not mean rates of aircraft disturbance based because of the unresolved assumptions anticipate injuries or mortalities to on the opinions of professional and lack of information, we have result from Hilcorp’s operation, and biologists in the field of study. Based on conservatively estimated Level B take to none will be authorized. The takes that these numbers, we propose a finding equal rates of disturbance. For this are anticipated would be from short- that the Hilcorp project will take only a reason, we propose to authorize up to term Level B harassment in the form of small number of animals. 693 takes of 578 sea otters by Level B startling reactions or temporary Negligible Impact harassment from Hilcorp’s aerial survey displacement. program. We propose a finding that any Potential Impacts on Subsistence Uses incidental take by harassment resulting Potential Impacts on the Sea Otter The proposed activities will occur from the proposed project cannot be Stock near marine subsistence harvest areas reasonably expected to, and is not The estimated level of take by used by Alaska Natives from the villages reasonably likely to, adversely affect the harassment is small relative to the most of Ninilchik, Salamatof, Tyonek, sea otter through effects on annual rates

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of recruitment or survival and would, Impact on Subsistence federally recognized Alaska Native therefore, have no more than a We propose a finding that the tribes and organizations in developing negligible impact on the species or anticipated harassment caused by programs for healthy ecosystems. We stocks. In making this finding, we Hilcorp’s activities would not have an seek their full and meaningful considered the best available scientific unmitigable adverse impact on the participation in evaluating and information, including: The biological availability of sea otters for taking for addressing conservation concerns for and behavioral characteristics of the subsistence uses. In making this finding, protected species. It is our goal to species, the most recent information on we considered the timing and location remain sensitive to Alaska Native species distribution and abundance of the proposed activities and the timing culture, and to make information within the area of the specified and location of subsistence harvest available to Alaska Natives. Our efforts activities, the potential sources of activities in the area of the proposed are guided by the following policies and disturbance caused by the project, and project. We also considered the directives: (1) The Native American the potential responses of animals to applicant’s consultation with Policy of the Service (January 20, 2016); this disturbance. In addition, we subsistence communities, proposed (2) the Alaska Native Relations Policy reviewed material supplied by the measures for avoiding impacts to (currently in draft form); (3) Executive applicant, other operators in Alaska, our subsistence harvest, and commitment to Order 13175 (January 9, 2000); (4) files and datasets, published reference development of a POC, should any Department of the Interior Secretarial materials, and species experts. adverse impacts be identified. Orders 3206 (June 5, 1997), 3225 Sea otters are likely to respond to (January 19, 2001), 3317 (December 1, proposed activities with temporary Required Determinations 2011), and 3342 (October 21, 2016); (5) behavioral modification or National Environmental Policy Act the Alaska Government-to-Government displacement. These reactions are (NEPA) Policy (a departmental memorandum unlikely to have consequences for the issued January 18, 2001); and (6) the We have prepared a draft health, reproduction, or survival of Department of Interior’s policies on Environmental Assessment in affected animals. Sound production is consultation with Alaska Native tribes accordance with the NEPA (42 U.S.C. not expected to reach levels capable of and organizations. 4321 et seq.). We have preliminarily causing harm, and Level A harassment We have evaluated possible effects of concluded that approval and issuance of is not authorized. Most animals will the proposed activities on federally an authorization for the nonlethal, respond to disturbance by moving away recognized Alaska Native Tribes and incidental, unintentional take by Level from the source, which may cause organizations. Through the IHA process B harassment of small numbers of sea temporary interruption of foraging, identified in the MMPA, the applicant otters in Alaska during activities resting, or other natural behaviors. has presented a communication process, conducted by Hilcorp in 2018 would Affected animals are expected to resume culminating in a POC if needed, with not significantly affect the quality of the normal behaviors soon after exposure, the Native organizations and human environment, and that the with no lasting consequences. Some communities most likely to be affected preparation of an environmental impact animals may exhibit more severe by their work. Hilcorp has engaged statement for these actions is not responses typical of Level B harassment, these groups in informational meetings. required by section 102(2) of NEPA or such as fleeing, ceasing feeding, or its implementing regulations. Through these various interactions, flushing from a haulout. These we have determined that the issuance of responses could have significant Endangered Species Act this proposed IHA is permissible. We biological impacts for a few affected Under the ESA, all Federal agencies invite continued discussion, either individuals, but most animals will also are required to ensure the actions they about the project and its impacts, or tolerate this type of disturbance without authorize are not likely to jeopardize the about our coordination and information lasting effects. Thus, although the continued existence of any threatened exchange throughout the IHA/POC Hilcorp project may result in or endangered species or result in process. approximately 522 takes of 410 animals destruction or adverse modification of Proposed Authorization from the southwest stock and 170 takes critical habitat. The southwestern DPS of 168 otters from the southcentral of the northern sea otter was listed as We propose to authorize up to 522 stock, we do not expect this type of threatened on August 9, 2005 (70 FR takes of 410 animals from the southwest harassment to affect annual rates of 46366). A portion of Hilcorp’s project stock and 170 takes of 168 otters from recruitment or survival or result in will occur within sea otter critical the southcentral stock. Authorized take adverse effects on the species or stocks. habitat. Prior to issuance of this IHA, will be limited to disruption of Our proposed finding of negligible the Service will complete intra-Service behavioral patterns that may be caused impact applies to incidental take consultation under section 7 of the ESA by aircraft overflights conducted by associated with the proposed activities on our proposed issuance of an IHA, Hilcorp in Cook Inlet, Alaska, between as mitigated by the avoidance and which will consider whether the effects May 23 and September 30, 2018. We minimization measures identified in of the proposed project will adversely anticipate no take by injury or death to Hilcorp’s mitigation and monitoring affect sea otters or their critical habitat. northern sea otters resulting from these plan. These mitigation measures are These evaluations and findings will be aircraft overflights. designed to minimize interactions with made available on the Service’s website A. General Conditions for Issuance of and impacts to sea otters. These at http://www.fws.gov/alaska/fisheries/ the Proposed IHA measures, and the monitoring and mmm/iha.htm. reporting procedures, are required for 1. The taking of sea otters whenever the validity of our finding and are a Government-to-Government the required conditions, mitigation, necessary component of the IHA. For Coordination monitoring, and reporting measures are these reasons, we propose a finding that It is our responsibility to not fully implemented as required by the 2018 Hilcorp project will have a communicate and work directly on a the IHA will be prohibited. Failure to negligible impact on sea otters. Government-to-Government basis with follow measures specified may result in

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the modification, suspension, or B. Avoidance and Minimization 16. A final report will be submitted to revocation of the IHA. 7. Aircraft operators must take the Service’s MMM within 90 days after 2. If take exceeds the level or type reasonable precautions to avoid completion of work or expiration of the IHA. It will include a summary of identified in the proposed authorization harassment to sea otters. monitoring efforts and observations. All (e.g., greater than 693 incidents of take 8. Aircraft must maintain a minimum project activities will be described, of 578 otters by Level B harassment, altitude of 305 m (1,000 ft) when along with any additional work yet to be separation of mother from young, injury, approaching and departing survey areas done. Factors influencing visibility and or death), the IHA will be invalidated to avoid unnecessary harassment of sea detectability of marine mammals (e.g., and the Service will reevaluate its otters outside of the survey areas, except sea state, number of observers, fog, and findings. If project activities cause when a lower flight altitude is necessary glare) will be discussed. The report will unauthorized take, Hilcorp must take for safety due to weather or restricted the following actions: (i) Cease its describe changes in sea otter behavior visibility. resulting from project activities and any activities immediately (or reduce 9. Aircraft may not be operated in activities to the minimum level specific behaviors of interest. Sea otter such a way as to separate members of observation records will be provided in necessary to maintain safety); (ii) report a group of sea otters from other the details of the incident to the the form of electronic database or members of the group. spreadsheet files. The report will assess Service’s MMM within 48 hours; and 10. All aircraft must avoid areas of (iii) suspend further activities until the any effects Hilcorp’s operations may active or anticipated subsistence have had on the availability of sea otters Service has reviewed the circumstances, hunting for sea otters as determined determined whether additional for subsistence harvest and if through community consultations. applicable, evaluate the effectiveness of mitigation measures are necessary to the POC for preventing impacts to avoid further unauthorized taking, and C. Monitoring subsistence users of sea otters. notified Hilcorp that it may resume 11. Pilots will be provided training 17. Injured, dead, or distressed sea project activities. and resources for identifying and otters that are not associated with 3. All operations managers and collecting information on sea otters. project activities (e.g., animals found aircraft pilots must receive a copy of the Pilots will record information during outside the project area, previously IHA and maintain access to it for aerial surveys when it is safe and wounded animals, or carcasses with reference at all times during project practical to do so. moderate to advanced decomposition or work. These personnel must 12. Data collection will include scavenger damage) must be reported to understand, be fully aware of, and be locations and numbers of sea otters and the Service within 48 hours of capable of implementing the conditions the dates and times of the corresponding discovery. Photographs, video, location of the IHA at all times during project aerial surveys. When feasible, data will information, or any other available work. also include aircraft heading, speed, and documentation shall be provided to the 4. The IHA will apply to activities altitude; visibility, group size, and Service. associated with the proposed project as composition (adults/juveniles); initial 18. All reports shall be submitted by described in this document and in behaviors of the sea otters before email to [email protected]. Hilcorp’s amended application responding to aircraft; and descriptions 19. Hilcorp must notify the Service (Fairweather Science 2017a). Changes to of any apparent reactions to the aircraft. upon project completion or end of the the proposed project without prior D. Measures To Reduce Impacts to work season. authorization may invalidate the IHA. Subsistence Users Request for Public Comments 5. Hilcorp’s IHA application will be 13. Prior to conducting the work, If you wish to comment on this approved and fully incorporated into Hilcorp will take the following steps to proposed authorization, the associated the IHA, unless exceptions are reduce potential effects on subsistence draft environmental assessment, or both specifically noted herein or in the final harvest of sea otters: (i) Avoid work in documents, you may submit your IHA. The application includes: areas of known sea otter subsistence comments by any of the methods • Hilcorp’s original request for an harvest; (ii) discuss the planned described in ADDRESSES. Please identify IHA, dated November 2, 2017; activities with subsistence stakeholders if you are commenting on the proposed • Hilcorp’s response to a request for including Cook Inlet villages, traditional authorization, draft environmental additional information from the Service, councils, and the Cook Inlet Regional assessment or both, make your dated November 30, 2017; Citizens Advisory Council; (iii) identify comments as specific as possible, • The letter requesting an amendment and work to resolve concerns of confine them to issues pertinent to the to the original application, dated stakeholders regarding the project’s proposed authorization, and explain the December 22, 2017; and effects on subsistence hunting of sea reason for any changes you recommend. otters; and (iv) if any unresolved or Where possible, your comments should • The Marine Mammal Monitoring ongoing concerns remain, develop a reference the specific section or and Mitigation Plan prepared by POC in consultation with the Service paragraph that you are addressing. The Fairweather Science, LLC (2017b). and subsistence stakeholders to address Service will consider all comments that 6. Operators will allow Service these concerns. are received before the close of the personnel or the Service’s designated comment period (see DATES). representative to visit project work sites E. Reporting Requirements Comments, including names and to monitor impacts to sea otters and 14. Hilcorp must notify the Service at street addresses of respondents, will subsistence uses of sea otters at any time least 48 hours prior to commencement become part of the administrative record throughout project activities so long as of activities. for this proposal. Before including your it is safe to do so. ‘‘Operators’’ are all 15. Reports will be submitted to the address, telephone number, email personnel operating under Hilcorp’s Service’s MMM weekly during project address, or other personal identifying authority, including all contractors and activities. The reports will summarize information in your comment, be subcontractors. project work and monitoring efforts. advised that your entire comment,

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including your personal identifying collection requirements and provide the Title of Collection: Claim for information, may be made publicly requested data in the desired format. Relocation Payments—Residential, DI– available at any time. While you can ask We are soliciting comments on the 381 and Claim for Relocation us in your comments to withhold from proposed ICR that is described below. Payments—Nonresidential, DI–382. public review your personal identifying We are especially interested in public OMB Control Number: 1084–0010. information, we cannot guarantee that comment addressing the following Form Number: DI–381 and DI–382. we will be able to do so. issues: (1) Is the collection necessary to Type of Review: Extension of a the proper functions of the Office of currently approved collection. Dated: March 27, 2018. Acquisition and Property Management; Respondents/Affected Public: Karen P. Clark (2) will this information be processed Individuals and businesses who are Acting Regional Director, Alaska Region. and used in a timely manner; (3) is the displaced because of Federal [FR Doc. 2018–08760 Filed 4–25–18; 8:45 am] estimate of burden accurate; (4) how acquisitions of their real property. BILLING CODE 4333–15–P might the Office of Acquisition and Total Estimated Number of Annual Property Management enhance the Respondents: 24. quality, utility, and clarity of the Total Estimated Number of Annual DEPARTMENT OF THE INTERIOR information to be collected; and (5) how Responses: 24. might the Office of Acquisition and Estimated Completion Time per Office of the Secretary Property Management minimize the Response: 50 minutes. [189D0102DM, DLSN00000.000000, burden of this collection on the Total Estimated Number of Annual DS62400000, DX62401; OMB Control respondents, including through the use Burden Hours: 20 Hours. Number 1084–0010] of information technology. Respondent’s Obligation: Required to Comments that you submit in Obtain or Retain a Benefit. Agency Information Collection response to this notice are a matter of Frequency of Collection: As needed. Activities; Claim for Relocation public record. We will include or Total Estimated Annual Nonhour Payments—Residential, DI–381 and summarize each comment in our request Burden Cost: This collection does not Claim for Relocation Payments— to OMB to approve this ICR. Before have a nonhour cost burden. Nonresidential, DI–382 including your address, phone number, An agency may not conduct or sponsor and a person is not required to AGENCY: Office of the Secretary, Office email address, or other personal respond to a collection of information of Acquisition and Property identifying information in your unless it displays a currently valid OMB Management, Interior. comment, you should be aware that your entire comment—including your control number. ACTION: Notice of Information personal identifying information—may The authority for this action is the Collection; request for comment. be made publicly available at any time. Paperwork Reduction Act of 1995 (44 SUMMARY: In accordance with the While you can ask us in your comment U.S.C. 3501 et seq). Paperwork Reduction Act of 1995, we, to withhold your personal identifying Tammy L. Bagley, information from public review, we the Office of Acquisition and Property Acting Director, Office of Acquisition and Management are proposing to renew an cannot guarantee that we will be able to Property Management. information collection. do so. Abstract: Public Law 91–646, Uniform [FR Doc. 2018–08798 Filed 4–25–18; 8:45 am] DATES: Interested persons are invited to BILLING CODE 4334–63–P submit comments on or before June 25, Relocation Assistance and Real Property 2018. Acquisition Policies Act of 1970, as amended, requires each Federal agency ADDRESSES: DEPARTMENT OF THE INTERIOR Send written comments on acquiring real estate interests to provide this information collection request (ICR) relocation benefits to individuals and Bureau of Land Management by mail to Mary Heying, Department of businesses displaced as a result of the the Interior, Office of Acquisition and acquisition. Form DI–381, Claim For [18XL5017AP.LLWY920000.L51010000. Property Management, 1849 C St. NW, Relocation Payments—Residential, and ER0000.LVRWK09K0990; 4500119076] MS 4262 MIB, Washington, DC 20240, DI–382, Claim For Relocation _ Notice of Availability of Decision fax (202) 513–7645 or by email to mary Payments—Nonresidential, permit the Record for the Gateway West [email protected]. Please reference applicant to present allowable moving Transmission Line Project and OMB Control Number 1084–0010 in the expenses and certify occupancy status, Approved Land Use Plan subject line of your comments. after having been displaced because of Amendments, Segments 8 and 9, FOR FURTHER INFORMATION CONTACT: To Federal acquisition of their real Idaho; IDI–35849–01 request additional information about property. this ICR, contact Mary Heying by email The information required is obtained AGENCY: Bureau of Land Management, _ at mary [email protected], or by through application made by the Interior. telephone at 202–513–0722. displaced person or business to the ACTION: Notice of availability. SUPPLEMENTARY INFORMATION: In funding agency for determination as to accordance with the Paperwork the specific amount of monies due SUMMARY: The Bureau of Land Reduction Act of 1995, we provide the under the law. The forms, through Management (BLM) announces the general public and other Federal which application is made, require availability of the Decision Record (DR) agencies with an opportunity to specific information since the Uniform for the Gateway West Transmission Line comment on new, proposed, revised, Relocation Assistance and Real Property Project (Project) and Approved Land and continuing collections of Acquisition Act allows for various Use Plan Amendments for Segments 8 information. This helps us assess the amounts based upon each actual and 9. The Assistant Secretary—Land impact of our information collection circumstance. Failure to make and Minerals Management (ASLM) requirements and minimize the public’s application to the agency would signed the DR on March 30, 2018, which reporting burden. It also helps the eliminate any basis for payment of constitutes the final decision of the public understand our information claims. Department of the Interior and is not

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subject to appeal under Departmental 19, 2017, selecting the route described Handbook (H–1601–1), the BLM regulations. Any challenge to this as Alternative 5 in the Final SEIS. The National Environmental Policy Act decision, including the BLM Authorized State of Idaho, Owyhee County, Idaho, Handbook (H–1790–1), and other Officer’s issuance of the right-of-way and three environmental organizations applicable law and policy. (ROW) as directed by this decision, appealed the BLM’s ROW decision to Following the publication of a Notice must be brought in Federal district court the Interior Board of Land Appeals of Intent to prepare an EA in the Federal within the timeframe allowed under (IBLA). In a letter to the Secretary of the Register, an opportunity for the public Title 41 of the FAST Act (FAST–41). Interior, the Governor of Idaho to comment on a Draft EA, and an DATES: The ASLM signed the DR on requested that the BLM reconsider the opportunity for interested parties and March 30, 2018. January 19, 2017 decision and select an the State of Idaho to protest a decision ADDRESSES: Copies of the DR are alternative with fewer impacts to State to amend land use plans as reflected in available online at https://www.blm.gov/ and county resources and communities. the EA and Finding of No New gatewaywest and at the BLM Idaho State The Proponents also requested that the Significant Impact, the ASLM issued a Office, 1387 S Vinnell Way, Boise, ID BLM reconsider the January 2017 Decision selecting Alternative 1 from 83709. decision and select the alternative the EA. The selected alternative proposed in their revised application, as authorizes a ROW grant to the FOR FURTHER INFORMATION CONTACT: Jim Proponents for the portions of Segments Stobaugh, BLM Gateway West National more cost-effective and providing 8 and 9 of the project that physically Project Manager, telephone 775–861– greater system reliability. On April 18, connect with the portions of those 6478; email [email protected]. Persons 2017, the IBLA granted the BLM’s segments authorized by the Boundary who use a telecommunications device motion to remand the January 19, 2017, for the deaf (TDD) may call the Federal ROW decision for reconsideration. Modification Act. It also includes the Relay Service (FRS) at 1–800–877–8339 On May 5, 2017, the Morley Nelson Toana Road Variation 1 as analyzed in to leave a message or question for Mr. Snake River Birds of Prey National the Final SEIS and amends the 1987 Stobaugh. The FRS is available 24 hours Conservation Area Boundary Jarbidge RMP and the Kuna and Bennett a day, 7 days a week. You will receive Modification Act (Modification Act) was Hills/Timmerman Hills MFPs for BLM- a reply during normal business hours. enacted, which directed the BLM to managed public lands in the Jarbidge, issue a ROW grant to use public lands Four Rivers and Shoshone Field Offices. SUPPLEMENTARY INFORMATION: The ASLM’s DR also incorporated, as On May 7, 2007, PacificCorp (doing within the NCA as described in Sec. terms and conditions of the ROW grant, business as Rocky Mountain Power) and (b)(2) representing portions of the environmental protection measures Idaho Power Company (Proponents) Project ‘‘in alignment with the revised applied to the BLM for a ROW grant to proposed routes for Segments 8 and 9 described in the EA, monitoring build and operate portions of the Project identified as Alternative 1 in the requirements, and measures to mitigate on public lands in Wyoming and Idaho. Supplementary Final Environmental effects. In addition, the BLM has worked The original project comprised 10 Impact Analysis released October 5, with the Proponents to develop the transmission line segments originating 2016.’’ The Modification Act also Mitigation Framework for the NCA at the Windstar Substation near removed the lands affected by this ROW (Final SEIS EIS Appendix K), which the Glenrock, Wyoming, and terminating at from NCA status and stipulated that the Boundary Modification Act also the Hemingway Substation near Melba, mitigation framework presented in the stipulates will apply to the authorized Idaho, with a total length of Final SEIS would apply to the segments. approximately 1,000 miles. The BLM authorized segments. The BLM offered My approval of this decision as the published a Final Environmental Impact this statutory ROW grant to the ASLM is not subject to administrative Statement (EIS) for this project on April Proponents on July 26, 2017. appeal under Departmental regulations 26, 2013 and a Record of Decision The BLM has prepared an at 43 CFR part 4 pursuant to 43 CFR (ROD) on November 14, 2013. In the Environmental Assessment (EA) (DOI– 4.410(a)(3). Any challenge to this ROD, the BLM deferred a decision on BLM–ID–0000–0002–EA) to analyze and decision must be brought in Federal Segments 8 and 9 to allow additional document the environmental effects of District Court and is subject to 42 U.S.C. time for Federal, state, and local an application from the Proponents for 4370m–6(a)(1). permitting agencies to examine a ROW grant to use public lands for Authority: 40 CFR 1506.6; 42 U.S.C. additional routing options, as well as Segments 8 and 9 of the Project. The EA 4370m–6(a)(1) potential mitigation and enhancement also analyzed the effects of amending three current BLM land use plans Joseph R. Balash, measures for these segments, in part, Assistant Secretary—Land and Minerals because Segments 8 and 9 involved needed to ensure the ROW grant conformed to the plans: Management. resources in and near the Morley Nelson [FR Doc. 2018–08808 Filed 4–25–18; 8:45 am] Snake River Birds of Prey National Kuna Management Framework Plan (MFP); BILLING CODE 4310–AK–P Conservation Area (NCA). Bennett Hills/Timmerman Hills MFP; and In August 2014, the Proponents 1987 Jarbidge Resource Management Plan (for areas not covered by the 2015 Jarbidge submitted a revised ROW application DEPARTMENT OF THE INTERIOR for Segments 8 and 9 and a revised Plan RMP). of Development for the Project, which The BLM tiered to and incorporated Bureau of Land Management the BLM determined required additional by reference the analyses in the 2013 environmental analysis through a Final EIS and 2016 Final SEIS. The BLM [18X.LLAK930100.L16100000.PN0000] Supplemental EIS (SEIS). On October 7, prepared the EA in consultation with Notice of Intent To Prepare an 2016, the BLM published a Final SEIS Cooperating Agencies and in accordance Environmental Impact Statement for that analyzed 7 alternative ROW routes with the National Environmental Policy the Coastal Plain Oil and Gas Leasing for Segments 8 and 9 and the Land Use Act of 1969, as amended, the Federal Program, Alaska; Correction Plan Amendments needed to Land Policy and Management Act of accommodate each alternative route 1976, as amended, implementing AGENCY: Bureau of Land Management, pair. The BLM issued a ROD on January regulations, the BLM Land Use Planning Interior.

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ACTION: Notice; correction. public of an opportunity to comment on Wyoming, during regular business hours the application for the proposed 8:00 a.m. to 4:30 p.m., Monday through SUMMARY: The Bureau of Land withdrawal extension and to request a Friday, except holidays. Management (BLM) published a public meeting. Before including your address, phone document in the Federal Register on DATES: Comments and requests for a number, email address, or other April 20, 2018, concerning a request for public meeting must be received by July personal identifying information in your scoping comments on an Environmental 25, 2018. comment, you should be aware that Impact Statement (EIS) to implement an ADDRESSES: All comments and meeting your entire comment—including your oil and gas leasing program in Alaska requests should be sent to the BLM personally identifying information— within the area defined as the ‘‘Coastal Wyoming State Director, 5353 may be made publicly available at any Plain.’’ The document omitted a website Yellowstone Road, Cheyenne, Wyoming time. While you may ask the BLM in address for the public to submit 82009. Comments, including name and your comment to withhold your comments. This notice corrects the street address of respondents, will be personal identifying information from omission to include the website address. available for public review at the BLM public review, we cannot guarantee that FOR FURTHER INFORMATION CONTACT: Lander Field Office, 1335 Main Street, we will be able to do so. Jennifer Noe, by telephone, 202–912– Lander, Wyoming, during regular Notice is hereby given that an 7442, or by email, [email protected]. business hours 8:00 a.m. to 4:30 p.m., opportunity for a public meeting is afforded in connection with the Correction Monday through Friday, except holidays. proposed withdrawal extension. All In the Federal Register of April 20, interested persons who desire a public FOR FURTHER INFORMATION CONTACT: 2018, in FR Doc. 2018–08302, on page meeting for the purpose of being heard Michael Hogan, Realty Officer, BLM 17562, in the second column, correct on the proposed withdrawal extension Wyoming State Office, address listed the ADDRESSES caption to read: must submit a written request to the above, telephone: 307–775–6257, email: ADDRESSES: State Director, BLM Wyoming State You may submit comments [email protected]; or Leta Rinker, Office at the address in the ADDRESSES by any of the following methods: Realty Specialist, BLM Lander Field • section, within 90 days from the date of Website: www.blm.gov/alaska/ Office, 1335 Main Street, Lander, publication of this Notice. If the coastal-plain-eis. Wyoming 82520, telephone: 307–332– • _ _ _ authorized officer determines that a Email: blm ak coastalplain EIS@ 8405, email: [email protected]. Persons public meeting will be held, a Notice of blm.gov. who use a telecommunications device • the date, time, and place will be Mail: BLM, Alaska State Office, for the deaf (TDD) may call the Federal published in the Federal Register and Attention—Coastal Plain EIS, 222 West Relay Service (FRS) at 1–800–877–8339 local newspapers and also posted on the 7th Avenue, #13, Anchorage, AK to contact either of the above BLM website at: www.blm.gov at least 99513–7599. individuals during normal business 30 days before the scheduled date of the hours. The FRS is available 24 hours a Jeff Krauss, meeting. day, 7 days a week, to leave a message Acting Assistant Director, Communications. This withdrawal extension proposal or question with the above individuals. [FR Doc. 2018–08806 Filed 4–25–18; 8:45 am] will be processed in accordance with You will receive a reply during normal BILLING CODE 4310–JA–P the regulations set forth in 43 CFR business hours. 2310.4. SUPPLEMENTARY INFORMATION: The DEPARTMENT OF THE INTERIOR withdrawal established by PLO No. Authority: 43 CFR 2310.3–1 7434 (65 FR 15920) will expire March Dated: April 18, 2018. Bureau of Land Management 23, 2020, and is incorporated herein by Joseph R. Balash, [LLWY921000 L14400000.ET0000, 18X; reference. The BLM has filed a petition/ Assistant Secretary—Land and Minerals WYW 141567] application to extend PLO No. 7434 for Management. an additional 20-year term. [FR Doc. 2018–08812 Filed 4–25–18; 8:45 am] Notice of Proposed Withdrawal The purpose of the proposed BILLING CODE 4310–22–P Extension and Opportunity for Public withdrawal extension is to continue the Meeting for the Whiskey Mountain withdrawal established by PLO No. Bighorn Sheep Winter Range, 7434 to protect the Whiskey Mountain DEPARTMENT OF THE INTERIOR Wyoming Bighorn Sheep Winter Range and capital investments in the area. Bureau of Land Management AGENCY: Bureau of Land Management, The use of a right-of-way, interagency, Interior. [LLNV952000 or cooperative agreement would not L14400000.BJ0000.LXSSF2210000.241A; ACTION: Notice of proposed withdrawal. constrain nondiscretionary uses. 13–08807; MO #4500120434; TAS: 14X1109] There are no suitable alternative sites SUMMARY: The Assistant Secretary— since the lands described in PLO No. Filing of Plats of Survey; NV Land and Minerals Management has 7334 identify the area that has approved a Bureau of Land Management historically been used as bighorn sheep AGENCY: Bureau of Land Management, (BLM) petition/application to extend the winter range due to the physical Interior. duration of Public Land Order (PLO) characteristics and because of the local ACTION: Notice. No. 7434 for an additional 20-year term. weather conditions. PLO No. 7434 withdrew 1,430.92 acres No water rights would be needed to SUMMARY: The purpose of this notice is of public lands from location and entry fulfill the purpose of this withdrawal to inform the public and interested State under the United States mining laws to extension. and local government officials of the protect the Whiskey Mountain Bighorn Comments, including name and street filing of Plats of Survey in Nevada. Sheep Winter Range and capital address of respondents, will be available APPLICABLE DATES: Unless otherwise investments in Fremont County, for public review at the BLM Lander stated filing is effective at 10:00 a.m. on Wyoming. This Notice advises the Field Office, 1335 Main Street, Lander, the dates indicated below.

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FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR Bixby Ct., Hawley, Hancock, & Bridge Michael O. Harmening, Chief Cadastral Sts., Northampton, SG100002420 Surveyor for Nevada, Bureau of Land National Park Service Norfolk County Management, Nevada State Office, 1340 [NPS–WASO–NRNHL–DTS#-25397; Financial Blvd., Reno, NV 89502–7147, PPWOCRADI0, PCU00RP14.R50000] Davenport Estate Historic District, 1465, phone: 775–861–6490. Persons who use 1485, 1493 Brush Hill Rd., Milton, a telecommunications device for the National Register of Historic Places; SG100002421 deaf (TDD) may call the Federal Notification of Pending Nominations MISSISSIPPI Information Relay Service (FIRS) at 1– and Related Actions 800–877–8339 to contact the above Hinds County AGENCY: National Park Service, Interior. individual during normal business Waterhouse—Simmons House, 646 hours. The FIRS is available 24 hours a ACTION: Notice. Seneca Ave., Jackson, SG100002422 day, 7 days a week, to leave a message SUMMARY: The National Park Service is or question with the above individual. soliciting comments on the significance Warren County You will receive a reply during normal of properties nominated before April 7, Polk—Sherard—Hinman House, 2615 business hours. 2018, for listing or related actions in the Confederate Ave., Vicksburg, SUPPLEMENTARY INFORMATION: National Register of Historic Places. SG100002423 DATES: Comments should be submitted 1. The Supplemental Plat of the MISSOURI following described lands was officially by May 11, 2018. filed at the Bureau of Land Management ADDRESSES: Comments may be sent via Jackson County (BLM) Nevada State Office, Reno, U.S. Postal Service and all other carriers Crane Company Building, The (Railroad Nevada on January 26, 2018: to the National Register of Historic Related Historic Commercial and Places, National Park Service, 1849 C St. The supplemental plat, in one sheet, Industrial Resources in Kansas City, NW, MS 7228, Washington, DC 20240. showing a subdivision of lot 9, section MO MPS) 1105–1107 Hickory St., 19, Township 14 North, Range 70 East, SUPPLEMENTARY INFORMATION: Kansas City, MP100002424 Mount Diablo Meridian, Nevada, under The properties listed in this notice are First Swedish Baptist Church, 3931 Group No. 976, was accepted January being considered for listing or related Washington St., Kansas City, 24, 2018. This supplemental plat was actions in the National Register of SG100002425 Historic Places. Nominations for their prepared to meet certain administration Lee’s Summit Post Office, 210 SW consideration were received by the needs of the Bureau of Land Market St., Lee’s Summit, National Park Service before April 7, Management. SG100002426 2018. Pursuant to Section 60.13 of 36 2. The Plat of Survey of the following CFR part 60, written comments are McGee Street Automotive Historic described lands was officially filed at being accepted concerning the District, Bounded by E 17th & E 20th the Bureau of Land Management (BLM) significance of the nominated properties Sts., McGee St. at the 1700 & 1900 Nevada State Office, Reno, Nevada on under the National Register criteria for blks., Alleys between McGee and January 26, 2018: evaluation. Grand at 1800 blk. & McGee & Oak The plat, in one sheet, representing Before including your address, phone Sts., Kansas City, SG100002427 the dependent resurvey of a portion of number, email address, or other St. Louis County the subdivisional lines, the subdivision personal identifying information in your of section 20, and a metes-and-bounds comment, you should be aware that Atwood, John C. and Georgie, House, survey of a portion of the southerly your entire comment—including your (Ferguson, Missouri, MPS), 100 S. right-of-way of Clark County Highway personal identifying information—may Clay Ave., Ferguson, MP100002428 No. 215 in section 20, Township 19 be made publicly available at any time. St. Louis Independent City South, Range 62 East, Mount Diablo While you can ask us in your comment Meridian, Nevada, under Group No. to withhold your personal identifying Employment Security Building, 505 968, was accepted on January 25, 2018. information from public review, we Washington Ave., St. Louis This survey was executed to meet cannot guarantee that we will be able to (Independent City), SG100002429 certain administrative needs of the do so. Stoddard County Bureau of Land Management. Nominations submitted by State Miller, Henry, House, 106 Cape Rd., The survey, and supplemental plat Historic Preservation Officers: Bloomfield, SG100002430 listed above, are now the basic record ILLINOIS for describing the lands for all TEXAS Du Page County authorized purposes. These records Cameron County have been placed in the open files in the Himmelfarb, Samuel and Eleanor House BLM Nevada State Office and are and Studio, 28W 120 Marion Rd., Fernandez and Laiseca Building, 1142– available to the public as a matter of Winfield, SG100002417 1154 Madison St., Brownsville, SG100002433 information. Copies of the surveys and McLean County related field notes may be furnished to Collin County the public upon payment of the Children’s Village—Illinois Soldiers’ appropriate fees. and Sailors’ Children’s School, 1100 Saigling House, 902 E 16th St., Plano, N Beech St., Normal, SG100002418 Dated: April 16, 2018. SG100002434 Michael O. Harmening, MASSACHUSETTS Harris County Chief Cadastral Surveyor for Nevada. Hampshire County Maria Boswell Flake Home for Old [FR Doc. 2018–08755 Filed 4–25–18; 8:45 am] Pomeroy Terrace Historic District, Women, 1103 Berry St., Houston, BILLING CODE 4310–HC–P Pomeroy Terr., Phillips & Butler Pls., SG100002435

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Tom Green County COLORADO created by Public Law 110–246, which amended the Act; (2) responses to the Roosevelt Hotel, 50 N Chadbourne St., Larimer County Advisory Council Report; and (3) other San Angelo, SG100002436 Fall River Road (Boundary Increase and items within the jurisdiction of the Williamson County Additional Documentation), (Rocky Council. Mountain National Park MRA), Fall Taylor High School Campus, 410 W 7th River Rd., Estes Park vicinity, Agenda: Council members will be St., Taylor, SG100002437 BC100002416 updated and briefed on the status of (1) the Bureau of Reclamation’s Basinwide VIRGINIA Authority: Section 60.13 of 36 CFR part 60. and Basin States salinity control Augusta County Dated: April 9, 2018. programs, (2) the Bureau of Land J. Paul Loether, Thompson, Fannie, House, 7 Old Management’s and Natural Resources Chief, National Register of Historic Places/ Staunton Rd., Greenville, Conservation Service’s salinity control National Historic Landmarks Program and programs, (3) the renewal of the SG100002438 Keeper, National Register of Historic Places. Council’s Charter, and (4) other salinity Fairfax County [FR Doc. 2018–08774 Filed 4–25–18; 8:45 am] control activities occurring in the BILLING CODE 4312–52–P Mount Vernon High School, 8333 Colorado River Basin. Richmond Hwy., Alexandria vicinity, Meeting Accessibility/Special SG100002439 DEPARTMENT OF THE INTERIOR Accommodations: The meeting is open Henrico County to the public and seating is on a first- Bureau of Reclamation come basis. Individuals requiring Highland Springs Historic District, W & [RR04084000, XXXR4081X1, special accommodations to access the E Nine Mile Rd. N & S Holly Ave., RN.20350010.REG0000] public meeting should contact Mr. Kib Highland Springs, SG100002440 Jacobson by email at kjacobson@ Washington County Colorado River Basin Salinity Control usbr.gov, or by telephone at (801) 524– Advisory Council Notice of Public 3753, at least five (5) business days prior Retirement and the Muster Grounds, Meeting to the meeting so that appropriate 702 Colonial Rd. SW, Abingdon, arrangements can be made. SG100002441 AGENCY: Bureau of Reclamation, Interior. Public Disclosure of Comments: To WISCONSIN ACTION: Notice of public meeting. the extent that time permits, the Council Outagamie County chairman will allow public presentation SUMMARY: The Bureau of Reclamation is of oral comments at the meeting. Any publishing this notice to announce that South Greenville Grange No. 225, member of the public may file written W6920 Cty. Rd. BB, Greenville, a Federal Advisory Committee meeting statements with the Council before, SG100002443 of the Colorado River Basin Salinity Control Council (Council) will take during, or up to 30 days after the Portage County place. meeting either in person or by mail. To allow full consideration of information Rising Star Flouring Mill, 3190 Cty. Rd. DATES: The Council will convene the by Council members, written notice Q, Nelsonville, SG100002444 meeting on Wednesday, May 16, 2018, must be provided to Mr. Kib Jacobson, Washington County at 1:00 p.m. and adjourn at Bureau of Reclamation, Upper Colorado approximately 5:00 p.m. The Council Regional Office, 125 South State Street, Schwartz Family Home, 220 Union St., will reconvene the meeting on Room 8100, Salt Lake City, Utah 84138– Hartford, SG100002445 Thursday, May 17, 2018, at 8:30 a.m. 1147; email at [email protected]; and adjourn the meeting at Additional documentation has been facsimile (801) 524–3847; at least five approximately 11:00 a.m. received for the following resources: (5) business days prior to the meeting. ADDRESSES: The meeting will be held at Any written comments received prior to ARIZONA the Washington County Water the meeting will be provided to Council Pima County Conservancy District’s office located at members at the meeting. 533 East Waterworks Drive, St. George, Blixt—Avitia House, (Menlo Park MPS), Utah 84770. Before including your address, phone 830 W Alameda St., Tucson, number, email address, or other AD92000251 FOR FURTHER INFORMATION CONTACT: Kib Jacobson, telephone (801) 524–3753; personal identifying information in your Yuma County email at [email protected]; facsimile comment, you should be aware that (801) 524–3847. your entire comment—including your Fredley Apartments, (Yuma MRA), 406 personal identifying information—may 2nd Ave., Yuma, AD82001634 SUPPLEMENTARY INFORMATION: The meeting of the Council is being held be made publicly available at any time. Fredley House, (Yuma MRA), 408 2nd under the provisions of the Federal While you can ask us in your comment Ave., Yuma, AD82001635 Advisory Committee Act of 1972. The to withhold your personal identifying Nomination submitted by Federal Council was established by the Colorado information from public review, we Preservation Officer: River Basin Salinity Control Act of 1974 cannot guarantee that we will be able to The State Historic Preservation (Pub. L. 93–320) (Act) to receive reports do so. Officer reviewed the following and advise Federal agencies on Dated: March 13, 2018. nomination and responded to the implementing the Act. Federal Preservation Officer within 45 Purpose of the Meeting: The purpose Brent Rhees, days of receipt of the nomination and of the meeting is to discuss and take Regional Director, Upper Colorado Region. supports listing the property in the appropriate actions regarding the [FR Doc. 2018–08482 Filed 4–25–18; 8:45 am] National Register of Historic Places. following: (1) The Basin States Program BILLING CODE 4332–90–P

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INTERNATIONAL TRADE adequate while two Commissioners estimated public burden or associated COMMISSION found this group response was response time, have suggestions, need a inadequate. The Commission copy of the proposed information [Investigation Nos. 701–TA–488 and 731– TA–1199–1200 (Review)] unanimously determined to conduct full collection instrument with instructions, reviews of the countervailing duty and or desire any other additional Certain Large Residential Washers antidumping duty orders on large information, please contact Shawn From Korea and Mexico; Notice of residential washers from Korea and Stevens, Federal Explosives Licensing Commission Determination To Mexico.1 A record of the Center, either by mail at 244 Needy Conduct Full Five-Year Reviews Commissioners’ votes, the Road, Martinsburg, WV 25405, by email Commission’s statement on adequacy, at [email protected], or by AGENCY: United States International and any individual Commissioner’s telephone at 304–616–4421. Written Trade Commission. statements will be available from the comments and/or suggestions can also ACTION: Notice. Office of the Secretary and at the be directed to the Office of Management Commission’s website. and Budget, Office of Information and SUMMARY: The Commission hereby gives Authority: These reviews are being Regulatory Affairs, Attention notice that it will proceed with full Department of Justice Desk Officer, reviews pursuant to the Tariff Act of conducted under authority of title VII of the Tariff Act of 1930; this notice is published Washington, DC 20503 or sent to OIRA_ 1930 to determine whether revocation of pursuant to section 207.62 of the [email protected]. the countervailing duty order and Commission’s rules. SUPPLEMENTARY INFORMATION: revocation of the antidumping duty Written order on large residential washers from By order of the Commission. comments and suggestions from the Korea and revocation of the Issued: April 23, 2018. public and affected agencies concerning antidumping duty order on large Lisa Barton, the proposed collection of information residential washers from Mexico would Secretary to the Commission. are encouraged. Your comments should address one or more of the following be likely to lead to continuation or [FR Doc. 2018–08791 Filed 4–25–18; 8:45 am] four points: recurrence of material injury within a BILLING CODE 7020–02–P reasonably foreseeable time. A schedule —Evaluate whether the proposed for the reviews will be established and collection of information is necessary announced at a later date. DEPARTMENT OF JUSTICE for the proper performance of the functions of the agency, including DATES: April 9, 2018. Bureau of Alcohol, Tobacco, Firearms whether the information will have FOR FURTHER INFORMATION CONTACT: Julie and Explosives practical utility; Duffy (202–708–2579), Office of —Evaluate the accuracy of the agency’s Investigations, U.S. International Trade [OMB Number 1140–0072] estimate of the burden of the Commission, 500 E Street SW, Agency Information Collection proposed collection of information, Washington, DC 20436. Hearing- including the validity of the impaired persons can obtain Activities; Proposed eCollection eComments Requested; Employee methodology and assumptions used; information on this matter by contacting —Evaluate whether and if so how the Possessor Questionnaire—ATF F the Commission’s TDD terminal on 202– quality, utility, and clarity of the 5400.28 205–1810. Persons with mobility information to be collected can be impairments who will need special AGENCY: Bureau of Alcohol, Tobacco, enhanced; and assistance in gaining access to the Firearms and Explosives, Department of —Minimize the burden of the collection Commission should contact the Office Justice. of information on those who are to of the Secretary at 202–205–2000. ACTION: 30-Day notice. respond, including through the use of General information concerning the appropriate automated, electronic, Commission may also be obtained by SUMMARY: The Department of Justice mechanical, or other technological accessing its internet server (https:// (DOJ), Bureau of Alcohol, Tobacco, collection techniques or other forms www.usitc.gov). The public record for Firearms and Explosives (ATF), will of information technology, e.g., these reviews may be viewed on the submit the following information permitting electronic submission of Commission’s electronic docket (EDIS) collection request to the Office of responses. at https://edis.usitc.gov. Management and Budget (OMB) for Overview of this information For further information concerning review and approval in accordance with collection: the conduct of these reviews and rules the Paperwork Reduction Act of 1995. (1) Type of Information Collection: of general application, consult the The proposed information collection Extension, without change, of a Commission’s Rules of Practice and was previously published in the Federal currently approved collection. Procedure, part 201, subparts A through Register, on February 15, 2018, allowing E (19 CFR part 201), and part 207, (2) The Title of the Form/Collection: for a 60-day comment period. Employee Possessor Questionnaire. subparts A, D, E, and F (19 CFR part DATES: Comments are encouraged and 207). (3) The agency form number, if any, will be accepted for an additional 30 and the applicable component of the SUPPLEMENTARY INFORMATION: On April days until May 29, 2018. Department sponsoring the collection: 9, 2018, the Commission found that FOR FURTHER INFORMATION CONTACT: If Form Number: ATF F 5400.28. both the domestic interested party group you have additional comments, Component: Bureau of Alcohol, response and the respondent interested particularly with respect to the Tobacco, Firearms and Explosives, U.S. party group response to its notice of Department of Justice. institution with respect to Korea (83 FR 1 Chairman Rhonda K. Schmidtlein and (4) Affected public who will be asked 145, January 2, 2018) were adequate. Commissioner Irving A. Williamson found that or required to respond, as well as a brief other circumstances warranted conducting a full Two Commissioners found that the review of the antidumping duty order on large abstract: respondent interested party group residential washers from Mexico. Commissioner Primary: Individuals or households. response with respect to Mexico was Jason E. Kearns did not participate. Other: Business or other for-profit.

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Abstract: Persons employed in the FOR FURTHER INFORMATION CONTACT: If Primary: Business or other for-profit. explosives business or operations, who you have additional comments, Other: None. have to ship, transport, receive, or particularly with respect to the Abstract: Respondents must complete possess explosive materials, are estimated public burden or associated the eForm Access Request form in order required to complete and submit an response time, have suggestions, need a to receive a user ID and password to Employee Possessor Questionnaire and copy of the proposed information obtain access to ATF’s eForm System. to ATF, in order to determine if they are collection instrument with instructions, The information is used by the qualified to be an employee possessor in or desire any other additional Government to verify the identity of the an explosive business or operation. information, please contact Desiree end users, prior to issuing passwords. (5) An estimate of the total number of Dickinson either by mail at 244 Needy (5) An estimate of the total number of respondents and the amount of time Road, Martinsburg, WV 25405, by email respondents and the amount of time estimated for an average respondent to at [email protected], or by estimated for an average respondent to respond: An estimated 10,000 telephone at (304)-616–4584. Written respond: An estimated 76,000 respondents will utilize the form, and it comments and/or suggestions can also respondents will utilize this information will take each respondent 20 minutes to be directed to the Office of Management collection, and it will take each complete the form. and Budget, Office of Information and respondent 2.24 minutes to complete (6) An estimate of the total public Regulatory Affairs, Attention their response. burden (in hours) associated with the Department of Justice Desk Officer, (6) An estimate of the total public collection: The estimated annual public Washington, DC 20503 or sent to OIRA_ burden (in hours) associated with the burden associated with this collection is [email protected]. collection: The estimated annual public 3,334 hours which is equal to 10,000 (# SUPPLEMENTARY INFORMATION: Written burden associated with this collection is of respondents) * .3333 (20 minutes). comments and suggestions from the 2, 387 hours which is equal to 76,000 If additional information is required (# of respondents) * .037333333 hours contact: Melody Braswell, Department public and affected agencies concerning the proposed collection of information (2.24 minutes). Clearance Officer, United States (7) An Explanation of the Change in Department of Justice, Justice are encouraged. Your comments should Estimates: The adjustments associated Management Division, Policy and address one or more of the following with this collection are an increase in Planning Staff, Two Constitution four points: both the number of respondents and Square, 145 N Street NE, 3E.405A, —Evaluate whether the proposed burden hours by 52,000 and 1,941 Washington, DC 20530. collection of information is necessary for the proper performance of the respectively. Dated: April 23, 2018. functions of the agency, including If additional information is required Melody Braswell, whether the information will have contact: Melody Braswell, Department Department Clearance Officer for PRA, U.S. practical utility; Clearance Officer, United States Department of Justice. —Evaluate the accuracy of the agency’s Department of Justice, Justice [FR Doc. 2018–08749 Filed 4–25–18; 8:45 am] estimate of the burden of the Management Division, Policy and BILLING CODE 4410–14–P proposed collection of information, Planning Staff, Two Constitution including the validity of the Square, 145 N Street NE, 3E.405A, methodology and assumptions used; Washington, DC 20530. DEPARTMENT OF JUSTICE —Evaluate whether and if so how the Dated: April 23, 2018. Bureau of Alcohol, Tobacco, Firearms quality, utility, and clarity of the Melody Braswell, and Explosives information to be collected can be Department Clearance Officer for PRA, U.S. enhanced; and Department of Justice. [OMB Number 1140–0087] —Minimize the burden of the collection [FR Doc. 2018–08750 Filed 4–25–18; 8:45 am] of information on those who are to BILLING CODE 4410–14–P Agency Information Collection respond, including through the use of Activities; Proposed eCollection appropriate automated, electronic, eComments Requested; eForm Access mechanical, or other technological Request collection techniques or other forms LEGAL SERVICES CORPORATION of information technology, e.g., AGENCY: Bureau of Alcohol, Tobacco, Notice to LSC Grantees of Application permitting electronic submission of Firearms and Explosives, Department of Process for Subgranting 2019 Basic responses. Justice. Field Funds ACTION: 30-Day notice. Overview of this information collection: AGENCY: Legal Services Corporation. SUMMARY: The Department of Justice (1) Type of Information Collection: ACTION: Notice of application dates and (DOJ), Bureau of Alcohol, Tobacco, Revision of a currently approved format for applications to subgrant Basic Firearms and Explosives (ATF), will collection. Field Funds. submit the following information (2) The Title of the Form/Collection: collection request to the Office of eForm Access Request. SUMMARY: The Legal Services Management and Budget (OMB) for (3) The agency form number, if any, Corporation (LSC) is the national review and approval in accordance with and the applicable component of the organization charged with administering the Paperwork Reduction Act of 1995. Department sponsoring the collection: Federal funds provided for civil legal The proposed information collection Form Number: None. services to low-income people. LSC was previously published in the Federal Component: Bureau of Alcohol, hereby announces the submission dates Register, on February 21, 2018 allowing Tobacco, Firearms and Explosives, U.S. for applications for subgrants of 2018 for a 60-day comment period. Department of Justice. Basic Field Grant funds. LSC is also DATES: Comments are encouraged and (4) Affected public who will be asked providing information about where will be accepted for an additional 30 or required to respond, as well as a brief applicants may locate subgrant days until May 29, 2018. abstract: application forms and directions for

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providing the information required to • October 15, 2018 for applicants applicant must then upload a final and apply for a subgrant. required to submit applications by June signed subgrant agreement through LSC DATES: See Supplementary Information 4 and 11, 2018. Grants by the timeframes referenced • section for application dates. November 1, 2018 for applicants above. This can be done by selecting required to submit applications by ‘‘Upload Signed Agreement’’ to the right ADDRESSES: Legal Services August 6, 2018. of the application ‘‘Status’’ under the Corporation—Office of Compliance and Applicants may also find these ‘‘Subgrant’’ heading on an applicant’s Enforcement, 3333 K Street NW, Third deadlines on LSC’s website at http:// LSC Grants home page. Floor, Washington, DC 20007–3522. www.lsc.gov/grants-grantee-resources/ As required by 45 CFR FOR FURTHER INFORMATION CONTACT: our-grant-programs/basic-field-grant/ 1627.4(b)(1)(ii), LSC will inform Megan Lacchini, Office of Compliance basic-field-grant-key-dates. applicants of its decision to disapprove and Enforcement by email at Applicants may access the application or approve the subgrant no later than [email protected], or visit the LSC under the ‘‘Subgrants’’ heading on their the date LSC informs applicants of website at http://www.lsc.gov/grants- LSC Grants home page. Applicants may LSC’s 2019 Basic Field Grant funding grantee-resources/grantee-guidance/ initiate an application by selecting decisions. how-apply-subgrant. ‘‘Initiate Subgrant Application.’’ Dated: April 20, 2018. Applicants must then provide the SUPPLEMENTARY INFORMATION: Under 45 Stefanie Davis, CFR part 1627, LSC must publish, on an information requested in the LSC Grants Assistant General Counsel. annual basis, ‘‘notice of the data fields, located in the Subrecipient requirements concerning the format and Profile, Subgrant Summary, and [FR Doc. 2018–08709 Filed 4–25–18; 8:45 am] contents of the application annually in Subrecipient Budget screens, and BILLING CODE 7050–01–P the Federal Register and on its upload the following documents: website.’’ 45 CFR 1627.4(b). This Notice • A draft Subgrant Agreement (with LEGAL SERVICES CORPORATION and the publication of the Subgrant the required terms provided in Subgrant Agreement Template); and Application Forms on LSC’s website Notice to LSC Grantees of Application • Subgrant Inquiry Form B (for new satisfy § 1627.4(b)’s notice requirement Process for Midyear Subgrants of 2018 subgrants) or C (for renewal subgrants). for the Basic Field Grant program. Only Basic Field Grant Funds current or prospective recipients of LSC Applicants seeking to subgrant to an Basic Field Grants may apply for organization that is not a current LSC AGENCY: Legal Services Corporation. grantee must also upload: ACTION: approval of a subgrant. Notices • Notice of application dates and regarding the processes to apply for The subrecipient’s accounting format for applications for approval of approval of 2018 Pro Bono Innovation manual (or letter indicating that the 2018 Basic Field Grant midyear Fund, Technology Initiative Grants, and subrecipient does not have one and subgrants. why); mid-year Basic Field subgrants will be • forthcoming. The subrecipient’s most recent SUMMARY: The Legal Services audited financial statement (or letter Applications will be available the Corporation (LSC) is the national indicating that the subrecipient does not week of April 23, 2018. Subgrant organization charged with administering have one and why); applications must be submitted through Federal funds provided for civil legal • The subrecipient’s most recent LSC Grants at https://lscgrants.lsc.gov. services to low-income people. LSC Form 990 filed with the IRS (or letter Applicants must submit their hereby announces the submission dates indicating that the subrecipient does not applications by 5:00 p.m. E.D.T. on the for applications for subgrants of Basic have one and why); due date identified below. Field Grant funds starting after June 1, • The subrecipient’s current fidelity 2018 but before January 1, 2019. LSC is Applications to subgrant calendar bond coverage (or letter indicating that year 2019 Basic Field Grant funds must also providing information about where the subrecipient does not have one); applicants may locate subgrant be submitted with the applicant’s • The subrecipient’s conflict of application forms and directions for application for 2019 Basic Field Grant interest policy (or letter indicating that funding. 45 CFR 1627.4(b)(1). The providing the information required to the subrecipient does not have one); and apply for a subgrant. deadlines for application submissions • The subrecipient’s whistleblower DATES: See Supplementary Information are as follows: policy (or letter indicating that the • section for application dates. June 4, 2018 for applicants that subrecipient does not have one). have not had an LSC Program Quality LSC’s Subgrant Agreement Template ADDRESSES: Legal Services Visit (PQV) since January 1, 2016 and and Forms B, and C are available on Corporation—Office of Compliance and for applicants who are not current LSC LSC’s website at http://www.lsc.gov/ Enforcement, 3333 K Street NW, Third recipients; grants-grantee-resources/grantee- Floor, Washington, DC 20007–3522. • June 11, 2018 for applicants that guidance/how-apply-subgrant. FOR FURTHER INFORMATION CONTACT: have had a PQV since January 1, 2016, LSC encourages applicants to use Megan Lacchini, Office of Compliance have received a final PQV report by LSC’s Subgrant Agreement Template as and Enforcement by email at April 30, 2018, and are the only a model subgrant agreement. If the [email protected], or visit the LSC applicant for the service area; applicant does not use LSC’s Template, website at http://www.lsc.gov/grants- • August 6, 2018 for applicants that the proposed agreement must include, grantee-resources/grantee-guidance/ have had a PQV since January 1, 2016, at a minimum, the substance of the how-apply-subgrant. have received a final PQV report during provisions of the Template. SUPPLEMENTARY INFORMATION: Under 45 the period May 1, 2018 through July 2, Once submitted, LSC will evaluate the CFR part 1627, LSC must publish, on an 2018, and are the only applicant for the application and provide applicants with annual basis, ‘‘notice of the service area. instructions on any needed requirements concerning the format and The deadlines for the submission of modifications to the information, contents of the application annually in final and signed subgrant agreements documents, or Draft Agreement the Federal Register and on its are as follows: provided with the application. The website.’’ 45 CFR 1627.4(b). This Notice

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and the publication of the Subgrant a model subgrant agreement. If the issues in Texas; followed by education Application Forms on LSC’s website applicant does not use LSC’s Template, issues in Texas. Following those two satisfy § 1627.4(b)’s notice requirement the proposed agreement must include, panel presentations, the Council will for midyear subgrants of Basic Field at a minimum, the substance of the receive a presentation on bioethics and Grant funds. Only current or provisions of the Template. disability. The meeting will conclude prospective recipients of LSC Basic Once submitted, LSC will evaluate the with a time for public comment. Field Grants may apply for approval of application and provide applicants with AGENDA: The times provided below are a subgrant. Notices regarding the instructions on any needed approximations for when each agenda process to apply for approval of 2018 modifications to the information, item is anticipated to be discussed (all Pro Bono Innovation Fund and documents, or Draft Agreement times Central): Technology Initiative Grant subgrants provided with the application. The will be forthcoming. applicant must then upload a final and Thursday, May 10 Applications for approval to subgrant signed subgrant agreement through LSC 9:00–9:10 a.m.—Welcome and 2018 Basic Field Grant funds with Grants. This can be done by selecting introductions starting dates between June 1, 2018 and ‘‘Upload Signed Agreement’’ to the right 9:10–9:15 a.m.—Greetings from the January 1, 2019, must be submitted at of the application ‘‘Status’’ under the Mayor’s Office least 45 days in advance of the proposed ‘‘Subgrant’’ heading on an applicant’s 9:15–9:20 a.m.—Greetings from former effective date. 45 CFR 1627.4(b)(3). LSC Grants home page. NCD Chair Lex Frieden Subgrant applications must be As required by 45 CFR 1627.4(b)(3), 9:20–9:30 a.m.—Chairman’s Report submitted through LSC Grants at LSC will inform applicants of its 9:30–9:35 a.m.—Executive Director’s https://lscgrants.lsc.gov. Applicants decision to disapprove, approve, or Report may access the application under the request modifications to the subgrant by 9:35–10:05 a.m.—Business Meeting ‘‘Subgrants’’ heading on their LSC no later than the subgrant’s proposed 10:05–10:20 a.m.—Break Grants home page. Applicants may effective date. 10:20–11:20 a.m.—Hurricane initiate an application by selecting Dated: April 20, 2018. Preparation, Response, and ‘‘Initiate Subgrant Application.’’ Stefanie Davis, Recovery Applicants must then provide the Assistant General Counsel. 11:20 a.m.–12:00 p.m.—2018 Progress information requested in the LSC Grants [FR Doc. 2018–08710 Filed 4–25–18; 8:45 am] Report data fields, located in the Subrecipient BILLING CODE 7050–01–P 12:00–1:00 p.m.—LUNCH BREAK Profile, Subgrant Summary, and 1:00–2:00 p.m.—Guardianship Panel Subrecipient Budget screens, and 2:00–2:15 p.m.—BREAK upload the following documents: NATIONAL COUNCIL ON DISABILITY 2:15–3:15 p.m.—Education/Individuals • A draft Subgrant Agreement (with with Disabilities Education Act the required terms provided in Subgrant Sunshine Act Meetings Panel Application Template); and 3:15–4:00 p.m.—Bioethics and • Subgrant Inquiry Form B (for new TIME AND DATE: The Members of the Disability subgrants) or C (for renewal subgrants). National Council on Disability (NCD) 4:00–4:30 p.m.—Public comments Applicants seeking to subgrant to an will hold a quarterly meeting on (focused on NCD’s newest policy organization that is not a current LSC Thursday, May 10, from 9:00 a.m.–4:30 priorities—elimination of 14c; grantee must also upload: p.m., Central Time, in Houston, TX. institutionalization as a result of • The subrecipient’s accounting PLACE: This meeting will occur in natural disaster; bioethics and manual (or letter indicating that the Houston, TX, at the Hilton Americas- disability; centralized subrecipient does not have one and Houston, Lanier Grand Ballroom G accommodation funds for the why); (Level 4), 1600 Lamar Street, Houston, federal government) • The subrecipient’s most recent TX 77010. Interested parties may join 4:30 p.m.—Adjourn. audited financial statement (or letter the meeting in person at the meeting PUBLIC COMMENT: To better facilitate indicating that the subrecipient does not location or may join by phone in a NCD’s public comment, any individual have one and why); listening-only capacity (other than the interested in providing public comment • The subrecipient’s most recent period allotted for public comment is asked to register his or her intent to Form 990 filed with the IRS (or letter noted below) using the following call-in provide comment in advance by sending indicating that the subrecipient does not information: Teleconference number: 1– an email to [email protected] have one and why); 888–599–8667; Conference ID: 8134951; with the subject line ‘‘Public Comment’’ • The subrecipient’s current fidelity Conference Title: NCD Meeting; Host with your name, organization, state, and bond coverage (or letter indicating that Name: Neil Romano. topic of comment included in the body the subrecipient does not have one); MATTERS TO BE CONSIDERED: The Council of your email. Full-length written public • The subrecipient’s conflict of will receive agency updates on policy comments may also be sent to that email interest policy (or letter indicating that projects, finance, governance, and other address. All emails to register for public the subrecipient does not have one); and business. The Council will then receive comment at the quarterly meeting must • The subrecipient’s whistleblower a presentation on hurricane preparation, be received by Wednesday, May 9, 2018. policy (or letter indicating that the response, and recovery. Following that Priority will be given to those subrecipient does not have one). panel, the Council will receive an individuals who are in-person to LSC’s Subgrant Agreement Template update on the work done to date for its provide their comments during the and Application Forms B, and C are 2018 Progress Report to Congress and public comment period. Those available on LSC’s website at http:// the President, which this year will focus commenters on the phone will be called www.lsc.gov/grants-grantee-resources/ on monitoring and enforcement efforts on per the list of those registered via grantee-guidance/how-apply-subgrant. in three federal agencies. Following a email. Due to time constraints, NCD LSC encourages applicants to use break for lunch, the Council will next asks all commenters to limit their LSC’s Subgrant Agreement Template as receive presentations on guardianship comments to three minutes. Comments

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received at the May quarterly meeting SUPPLEMENTARY INFORMATION: The Eisenhower Avenue, Room C11001, will be limited to those regarding NCD’s purpose of the meeting is for panel Alexandria, VA 22314; Telephone and newest policy priorities—elimination of review, discussion, evaluation, and email: (703) 292–8600/kstevens@ 14c; institutionalization as a result of recommendation on applications for nsf.gov. natural disaster; bioethics and Certificates of Indemnity submitted to Summary of Minutes: Minutes and disability; centralized accommodation the Federal Council on the Arts and the meeting materials will be available on funds for the federal government. Humanities, for exhibitions beginning the EHR Advisory Committee website at CONTACT PERSON FOR MORE INFORMATION: on or after July 1, 2018. Because the http://www.nsf.gov/ehr/advisory.jsp or Anne Sommers, NCD, 1331 F Street meeting will consider proprietary can be obtained from Dr. Susan E. NW, Suite 850, Washington, DC 20004; financial and commercial data provided Brennan, National Science Foundation, 202–272–2004 (V), 202–272–2074 in confidence by indemnity applicants, 2415 Eisenhower Ave, Room C11233, (TTY). and material that is likely to disclose Alexandria, VA 22314; Telephone and email: (703) 292–8600/sbrennan@ ACCOMMODATIONS: A CART streamtext trade secrets or other privileged or nsf.gov. link has been arranged for this meeting. confidential information, and because it Purpose of Meeting: To provide The web link to access CART on is important to keep the values of advice with respect to the Foundation’s Thursday, May 9, 2018 is: http:// objects to be indemnified, and the science, technology, engineering, and www.streamtext.net/player?event=NCD- methods of transportation and security mathematics (STEM) education and QUARTERLY. measures confidential, I have human resources programming. Those who plan to attend the meeting determined that that the meeting will be in-person and require accommodations closed to the public pursuant to Agenda subsection (c)(4) of section 552b of Title should notify NCD as soon as possible Thursday, May 31, 2018, 8:00 a.m.–5:00 to allow time to make arrangements. To 5, United States Code. I have made this determination under the authority p.m. help reduce exposure to fragrances for • Remarks by the Committee Chair those with multiple chemical granted me by the Chairman’s Delegation of Authority to Close and NSF Assistant Director for sensitivities, NCD requests that all those Education and Human Resources attending the meeting in person refrain Advisory Committee Meetings, dated April 15, 2016. (EHR) from wearing scented personal care • Current Challenges in STEM products such as perfumes, hairsprays, Dated: April 23, 2018. Education and deodorants. Elizabeth Voyatzis, • NSF’s Convergence Accelerators: Dated: April 24, 2018. Committee Management Officer. Harnessing the Data Revolution and Sharon M. Lisa Grubb, [FR Doc. 2018–08768 Filed 4–25–18; 8:45 am] the Human/Technology Frontier • Acting Executive Director. BILLING CODE 7536–01–P Subcommittee Discussions • Update on EHR Programs [FR Doc. 2018–08921 Filed 4–24–18; 4:15 pm] • Discussion with France Co´rdova, BILLING CODE 8421–03–P NATIONAL SCIENCE FOUNDATION NSF Director and Chief Operating Officer Joan Ferrini-Mundy Advisory Committee for Education and Friday, June 1, 2018, 8:00 a.m.–2:00 NATIONAL FOUNDATION ON THE Human Resources; Notice of Meeting p.m. ARTS AND THE HUMANITIES • Day 1 Recap In accordance with the Federal • Update on Broadening Participation Federal Council on the Arts and the Advisory Committee Act (Pub. L. 92– in STEM Humanities 463, as amended), the National Science • Update on Public-Private Foundation (NSF) announces the Partnerships Arts and Artifacts Indemnity Panel following meeting: • Committee Business Advisory Committee Name and Committee Code: Advisory • Advisory Committee Committee for Education and Human Recommendations AGENCY: National Foundation on the Resources (#1119). Arts and the Humanities. Final agenda can be located at the Date and Time: May 31, 2018; 8:00 EHR AC website: https://www.nsf.gov/ ACTION: Notice of meeting. a.m.–5:00 p.m.; June 1, 2018; 8:00 a.m.– ehr/advisory.jsp. SUMMARY: Pursuant to the Federal 2:00 p.m. Dated: April 23, 2018. Place: National Science Foundation, Advisory Committee Act, notice is Crystal Robinson, hereby given that the Federal Council 2415 Eisenhower Avenue, Room E2020, Alexandria, VA 22314. Committee Management Officer. on the Arts and the Humanities will [FR Doc. 2018–08765 Filed 4–25–18; 8:45 am] hold a meeting of the Arts and Artifacts Access: To attend the meeting in BILLING CODE 7555–01–P International Indemnity Panel. person, all visitors must contact the Directorate for Education and Human DATES: The meeting will be held on Resources at least 48 hours prior to the Friday, May 18, 2018, from 11:00 a.m. meeting to arrange for a visitor’s badge. NATIONAL SCIENCE FOUNDATION to 5:00 p.m. All visitors must access NSF via the ADDRESSES: The meeting will be held by Sunshine Act Meetings; National Visitor Center entry adjacent to the Science Board teleconference originating at the south building entrance on Eisenhower National Endowment for the Arts, Avenue on the day of the meeting to The National Science Board (NSB), Washington, DC 20506. receive a visitor’s badge. It is suggested pursuant to NSF regulations (45 CFR FOR FURTHER INFORMATION CONTACT: that visitors allow time to pass through part 614), the National Science Elizabeth Voyatzis, Committee security screening. Foundation Act, as amended, (42 U.S.C. Management Officer, 400 7th Street SW, Type of Meeting: Open. 1862n–5), and the Government in the Room 4060, Washington, DC 20506, Contact person: Keaven M. Stevenson, Sunshine Act (5 U.S.C. 552b), hereby (202) 606 8322; [email protected]. National Science Foundation, 2415 gives notice of the scheduling of

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meetings for the transaction of NSB • Approval of Prior Minutes • Committee Chair’s Reflections on Past business as follows: • CY 2018–2019 Schedule of Planned Board Term TIME AND DATE: Wednesday, May 2, Action and Information Items • Committee on Strategy (CS) 2018, from 8:00 a.m. to 4:00 p.m. and Risk Working Group Report • Thursday, May 3, 2018, from 8:30 a.m. Committee Chair’s Reflections on Past Closed Session: 9:30–10:30 a.m. Board Term to 1:45 p.m. EST. • Committee Chair’s Opening Remarks PLACE: These meetings will be held at National Science Board • Approval of Prior Minutes the NSF headquarters, 2415 Eisenhower • FY 2018–FY 2019 Budget Discussion Avenue, Alexandria, VA 22314. Plenary Open Session: 11:30 a.m.–12:15 Meetings are held in the boardroom on p.m. Plenary Board • the 2nd floor. The public may observe Chair’s Opening Remarks and Closed Session: 10:45–11:05 a.m. Introduction of Dr. Jane Lubchenco public meetings held in the boardroom. • All visitors must contact the Board • Dr. Lubchenco Presentation Board Chair’s Opening Remarks • Office (call 703–292–7000 or send an • Director’s Introduction of Dr. Kristina Director’s Remarks email to [email protected]) at Olson • Approval of Prior Minutes least 24 hours prior to the meeting and • Dr. Olson Presentation • Closed Committee Reports • Vote: National Center for Atmospheric provide your name and organizational National Science Board affiliation. Visitors must report to the Research (NCAR) NSF visitor’s desk in the building lobby Plenary Open Session: 1:15–2:00 p.m. • Vote: Ocean Observatories Initiative to receive a visitor’s badge. • Chair’s Opening Remarks and (OOI) O&M • STATUS: Some of these meetings will be Introduction of Mr. Dean Kamen Vote: Laser Interferometer open to the public. Others will be closed • Mr. Kamen Presentation Gravitational-Wave Observatory to the public. See full description • Director’s Introduction of The (LIGO) O&M below. Honorable Deborah Wince-Smith • Vote: Contract Services for Arctic MATTERS TO BE CONSIDERED: • Hon. Deborah Wince-Smith Sciences Logistics Presentation Wednesday, May 2, 2018 Plenary Board (Executive) Committee on Awards and Facilities Closed Session: 11:05–11:50 a.m. Plenary Board Meeting (A&F) • Open Session: 8:00–8:30 a.m. Board Chair’s Opening Remarks Closed Session: 2:00–4:00 p.m. • • Approval of Prior Minutes NSB Chair’s Opening Remarks • Committee Chair’s Opening Remarks • Director’s Remarks • NSF Director’s Remarks • Approval of Prior Minutes • Presentation of Election Slate for May • Summary of DC Meetings • Action Item: Ocean Observatories 2018 Board Elections Committee on Oversight (CO) Initiative (OOI) Operations and • Elections Management Open Session: 8:30–9:15 a.m. • Information Item: Geodesy Advancing Plenary Board • Committee Chair’s Opening Remarks Geosciences (GAGE) Facility and the Open Session: 1:00–1:45 p.m. • Seismological Facilities for the Approval of Prior Minutes • • Advancement of Geosciences (SAGE) Board Chair’s Opening Remarks Review of the OIG Semiannual Report • • Inspector General Update • Action Item: Laser Interferometer NSF Director’s Remarks • • FY 2018 Financial Statement Audit Gravitational-Wave Observatory Approval of Prior Minutes • • Chief Financial Officer Update (LIGO) Operations and Maintenance Open Committee Reports • Committee Chair’s Reflections on Past • Information Item: Candidate MREFC- • Vote: NSB Risk Philosophy and Board Term funded Upgrades of the ATLAS and Principles CMS Detectors at the Large Hadron • Vote: Annual Executive Committee Committee on External Engagement (EE) Collider Report Open Session: 9:15–10:15 a.m. MATTERS TO BE DISCUSSED • Outgoing Board Member Farewell • Board Chair’s Closing Remarks • Committee Chair’s Opening Remarks Thursday, May 3, 2018 • Approval of Prior Minutes Meeting Adjourns: 1:45 p.m. • Indicators 2018 Rollout Update Committee on National Science and • Michigan Listening Session Report Engineering Policy (SEP) Portions Open to the Public • Engagement Strategies Open Session: 8:30–9:10 a.m. Wednesday, May 2, 2018 • Committee Chair’s Reflections on Past • Committee Chair’s Opening Remarks 8:00–8:30 a.m. Plenary NSB Board Term • Approval of Prior Minutes Introduction Task Force on the Skilled Technical • Update on Future Indicators Project 8:30–9:15 a.m. Committee on Oversight Workforce (STW) • Discussion of the Second Policy (CO) Companion to Indicators Open Session: 10:15–10:45 a.m. 9:15–10:15 a.m. Committee on External • Committee Chair’s Reflections on Past Engagement (EE) • Chair’s Opening Remarks Board Term 10:15–10:45 a.m. Task Force on the • Approval of Prior Minutes Skilled Technical Workforce (STW) • Committee on Strategy (CS) Task Force Strategy and Deliverables 10:55–11:30 a.m. Committee on Awards Open Session: 9:10–9:30 a.m. Committee on Awards and Facilities & Facilities (AF) (A&F) • Committee Chair’s Opening Remarks 11:30 a.m.–12:15 p.m. Plenary Annual • Approval of Prior Minutes Awardee Presentations Open Session: 10:55–11:30 a.m. • FY 2018 Appropriations and FY 2019 1:15–2:00 p.m. Plenary Annual Awardee • Committee Chair’s Opening Remarks Budget Request Summary Presentations

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Thursday, May 3, 2018 National Science Foundation bluejeans.com/874106415 (Meeting ID: 874 106 415). 8:30–9:10 a.m. Committee on National Sunshine Act Meeting; National To join meeting via audio-connection Science and Engineering Policy Science Board only, dial +1.888.240.2560 (US Toll (SEP) Free) or +1.408.317.9253 (Alternate The National Science Board’s Awards number) and enter the Meeting ID: 874 9:10–9:30 a.m. Committee on Strategy and Facilities Committee, pursuant to 106 415. (CS) NSF regulations (45 CFR part 614), the Type of Meeting: Open. 1:00–1:45 p.m. Plenary National Science Foundation Act, as Contact Person: Roxanne Nikolaus, amended (42 U.S.C. 1862n–5), and the Portions Closed to the Public Program Manager, National Science Government in the Sunshine Act (5 Foundation, 2415 Eisenhower Avenue, U.S.C. 552b), hereby gives notice of the Wednesday, May 2, 2018 Alexandria, Virginia 22314; 703–292– scheduling of a meeting for the 8710. 2:00–4:00 p.m. (A&F) transaction of National Science Board Suzanne Abo, Program Analyst, business, as follows: Thursday, May 3, 2018 National Science Foundation, 2415 DATE & TIME: May 1, 2018, from 3:00– Eisenhower Avenue, Alexandria, 9:30–10:30 a.m. (CS) 6:00 p.m. EDT. Virginia 22314; 703–292–2704. 10:45–11:05 a.m. Plenary STATUS: Closed. Purpose of Meeting: To provide 11:05–11:50 a.m. Plenary Executive MATTERS TO BE CONSIDERED: (1) advice, recommendations and counsel Committee Chair’s opening remarks; (2) on major goals and policies pertaining Contact Persons for More Information: Congressional Reports; (3) High to international programs and activities. The NSB Office contact is Brad Performance Computing Information Agenda: Gutierrez, [email protected], 703–292– Item; (4) National Center for • Discussion of the draft report of the 7000. The NSB Public Affairs contact is Atmospheric Research (NCAR) Subcommittee on International Nadine Lymn, [email protected], 703– Operations and Management Award Network-to-Network Collaboration. 292–2490. Action Item; and (5) Contract Services Dated: April 23, 2018. Supplemental Information: Public for Arctic Science Logistics Action Item. Crystal Robinson, meetings and public portions of This meeting will be held by Committee Management Officer. meetings held in the 2nd floor teleconference at the National Science boardroom will be webcast. To view Foundation, 2415 Eisenhower Avenue, [FR Doc. 2018–08764 Filed 4–25–18; 8:45 am] these meetings, go to: http:// Alexandria, VA 22314. Please refer to BILLING CODE 7555–01–P www.tvworldwide.com/events/nsf/ the National Science Board website 180502 and follow the instructions. The www.nsf.gov/nsb for additional public may observe public meetings information. You can find meeting NUCLEAR REGULATORY held in the boardroom. The address is information and updates (time, place, COMMISSION 2415 Eisenhower Avenue, Alexandria, subject or status of meeting) at https:// [NRC–2018–0009] VA 22314. www.nsf.gov/nsb/meetings/notices.jsp #sunshine. Please refer to the NSB website for Information Collection: 10 CFR PART additional information. You will find CONTACT PERSON FOR MORE INFORMATION: 62 Criteria and Procedures for any updated meeting information and The point of contact for this meeting is: Emergency Access to Non-Federal and schedule updates (time, place, subject Elise Lipkowitz, [email protected], Regional Low-Level Waste Disposal matter, or status of meeting) at https:// telephone: (703) 292–7000. Facilities (3150–0143) www.nsf.gov/nsb/meetings/notices.jsp Ann Bushmiller, AGENCY: Nuclear Regulatory #sunshine. Senior Counsel to the National Science Board. Commission. The NSB will continue its program to [FR Doc. 2018–08982 Filed 4–24–18; 4:15 pm] ACTION: Renewal of existing information provide some flexibility around meeting BILLING CODE 7555–01–P collection; request for comment. times. After the first meeting of each day, actual meeting start and end times SUMMARY: The U.S. Nuclear Regulatory will be allowed to vary by no more than NATIONAL SCIENCE FOUNDATION Commission (NRC) invites public 15 minutes in either direction. As an comment on the renewal of Office of example, if a 10:00 meeting finishes at Advisory Committee for International Management and Budget (OMB) 10:45, the meeting scheduled to begin at Science and Engineering; Notice of approval for an existing collection of Meeting 11:00 may begin at 10:45 instead. information. The information collection Similarly, the 10:00 meeting may be In accordance with the Federal is entitled, ‘‘10 CFR part 62 Criteria and allowed to run over by as much as 15 Advisory Committee Act (Pub. L. 92– Procedures for Emergency Access to minutes if the Chair decides the extra 463, as amended), the National Science Non-Federal and Regional Low-Level time is warranted. The next meeting Foundation (NSF) announces the Waste Disposal Facilities (3150–0143).’’ would start no later than 11:15. Arrive following meeting: DATES: Submit comments by June 25, at the NSB boardroom or check the Name and Committee Code: Advisory 2018. Comments received after this date webcast 15 minutes before the Committee for International Science and will be considered if it is practical to do scheduled start time of the meeting you Engineering Meeting (#25104). so, but the Commission is able to ensure wish to observe. Date and Time: Thursday, May 24, consideration only for comments 2018; 9:00 a.m. to 11:00 a.m. (EDT). received on or before this date. Ann Bushmiller, Place: NSF, 2415 Eisenhower Avenue, ADDRESSES: You may submit comments Senior Counsel to the National Science Board. Alexandria, Virginia 22314 (Virtual). by any of the following methods: [FR Doc. 2018–08981 Filed 4–24–18; 4:15 pm] To join meeting via computer or • Federal Rulemaking Website: Go to BILLING CODE 7555–01–P smartphone, please go to https:// http://www.regulations.gov and search

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for Docket ID NRC–2018–0009. Address Regulatory Commission, Washington, 8. The estimated number of annual questions about NRC dockets to Jennifer DC 20555–0001; telephone: 301–415– respondents: 1. Borges; telephone: 301–287–9127; 2084; email: INFOCOLLECTS.Resource@ 9. The estimated number of hours email: [email protected]. For NRC.GOV. needed annually to comply with the technical questions, contact the information collection requirement or B. Submitting Comments individual listed in the FOR FURTHER request: 233. INFORMATION CONTACT section of this Please include Docket ID NRC–2018– 10. Abstract: Part 62 of 10 CFR sets document. 0009 in the subject line of your out the information that must be • Mail comments to: David Cullison, comment submission in order to ensure provided to the NRC by any low-level Office of the Chief Information Officer, that the NRC is able to make your waste generator or governor of a state on Mail Stop: T–2–F43, U.S. Nuclear comment submission available to the behalf of generators seeking emergency Regulatory Commission, Washington, public in this docket. access to an operating low-level waste DC 20555–0001. The NRC cautions you not to include disposal facility. The information is For additional direction on obtaining identifying or contact information in required to allow the NRC to determine information and submitting comments, comment submissions that you do not if denial of disposal constitutes a see ‘‘Obtaining Information and want to be publicly disclosed in your serious and immediate threat to public Submitting Comments’’ in the comment submission. All comment health and safety or common defense SUPPLEMENTARY INFORMATION section of submissions are posted at http:// and security. Part 62 of 10 CFR also this document. www.regulations.gov and entered into provides that the Commission may grant FOR FURTHER INFORMATION CONTACT: ADAMS. Comment submissions are not an exemption from the requirements in David Cullison, Office of the Chief routinely edited to remove identifying this part upon application of an Information Officer, U.S. Nuclear or contact information. interested person or upon its own Regulatory Commission, Washington, If you are requesting or aggregating initiative. DC 20555–0001; telephone: 301–415– comments from other persons for III. Specific Requests for Comments 2084; email: INFOCOLLECTS.Resource@ submission to the NRC, then you should NRC.GOV. inform those persons not to include The NRC is seeking comments that SUPPLEMENTARY INFORMATION: identifying or contact information that address the following questions: they do not want to be publicly 1. Is the proposed collection of I. Obtaining Information and disclosed in their comment submission. information necessary for the NRC to Submitting Comments Your request should state that comment properly perform its functions? Does the A. Obtaining Information submissions are not routinely edited to information have practical utility? remove such information before making 2. Is the estimate of the burden of the Please refer to Docket ID NRC–2018– the comment submissions available to information collection accurate? 0009 when contacting the NRC about the public or entering the comment into 3. Is there a way to enhance the the availability of information for this ADAMS. quality, utility, and clarity of the action. You may obtain publicly- II. Background information to be collected? available information related to this 4. How can the burden of the action by any of the following methods: In accordance with the Paperwork information collection on respondents • Federal Rulemaking Website: Go to Reduction Act of 1995 (44 U.S.C. be minimized, including the use of http://www.regulations.gov and search Chapter 35), the NRC is requesting automated collection techniques or for Docket ID NRC–2018–0009. public comment on its intention to • other forms of information technology? NRC’s Agencywide Documents request the OMB’s approval for the Access and Management System information collection summarized Dated at Rockville, Maryland, this 20th day (ADAMS): You may obtain publicly- below. of April, 2018. available documents online in the 1. The title of the information For the Nuclear Regulatory Commission. ADAMS Public Documents collection at collection: 10 CFR part 62 Criteria and David Cullison, http://www.nrc.gov/reading-rm/ Procedures for Emergency Access to NRC Clearance Officer, Office of the Chief adams.html. To begin the search, select Non-Federal and Regional Low-Level Information Officer. ‘‘ADAMS Public Documents’’ and then Waste Disposal Facilities. [FR Doc. 2018–08713 Filed 4–25–18; 8:45 am] select ‘‘Begin Web-based ADAMS 2. OMB approval number: 3150–0143. BILLING CODE 7590–01–P Search.’’ For problems with ADAMS, 3. Type of submission: Extension. please contact the NRC’s Public 4. The form number, if applicable: Document Room (PDR) reference staff at Not applicable. NUCLEAR REGULATORY 1–800–397–4209, 301–415–4737, or by 5. How often the collection is required COMMISSION email to [email protected]. The or requested: On occasion. [Docket No. 52–047; NRC–2016–0119] supporting statement is available in 6. Who will be required or asked to ADAMS under Accession No. respond: Generators of low-level Early Site Permit Application: ML17340A300. radioactive waste or the governor of a • Tennessee Valley Authority; Clinch NRC’s PDR: You may examine and state on behalf of any generator or River Nuclear Site purchase copies of public documents at generators located in his or her state the NRC’s PDR, Room O1–F21, One who are denied access to a non-Federal AGENCY: Nuclear Regulatory White Flint North, 11555 Rockville or regional low-level radioactive wastes Commission. Pike, Rockville, Maryland 20852. and who wish to request emergency ACTION: Draft environmental impact • NRC’s Clearance Officer: A copy of access for disposal of a non-Federal or statement; public meetings and request the collection of information and related regional low-level waste disposal for comment. instructions may be obtained without facility pursuant to title 10 of the Code charge by contacting NRC’s Clearance of Federal Regulations (10 CFR) part 62. SUMMARY: The U.S Nuclear Regulatory Officer, David Cullison, Office of the 7. The estimated number of annual Commission (NRC) and the U.S. Army Chief Information Officer, U.S. Nuclear responses: 1. Corps of Engineers (USACE), Nashville

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District, are issuing for public comment I. Obtaining Information and of the final EIS. The NRC does not NUREG–2226, ‘‘Environmental Impact Submitting Comments routinely edit comment submissions to remove identifying or contact Statement for the Early Site Permit A. Obtaining Information (ESP) for the Clinch River Nuclear information. (CRN) Site: Draft Report for Comment.’’ Please refer to Docket ID NRC–2016– If you are requesting or aggregating The site is located in Roane County, 0119 when contacting the NRC about comments from other persons for Tennessee, along the Clinch River, the availability of information regarding submission to the NRC, then you should approximately 25 miles west-southwest this document. You may obtain inform those persons not to include of downtown Knoxville, Tennessee. The publicly-available information related to identifying or contact information that purposes of this notice are to inform the this action by the following methods: they do not want to be publicly • Federal Rulemaking website: Go to public that the NRC staff has issued a disclosed in their comment submission. http://www.regulations.gov and search draft environmental impact statement Your request should state that the NRC for Docket ID NRC–2016–0119. (DEIS) as part of the review of the does not routinely edit comment • NRC’s Agencywide Documents submissions to remove such information application for the ESP and to provide Access and Management System the public with an opportunity to before making the comment (ADAMS): You may obtain publicly- submissions available to the public or comment on the DEIS process as available documents online in the entering the comment submissions into defined in the regulations. ADAMS Public Documents collection at ADAMS. DATES: Submit comments by July 10, http://www.nrc.gov/reading-rm/ II. Introduction 2018. Comments received after this date adams.html. To begin the search, select will be considered if it is practical to do ‘‘ADAMS Public Documents’’ and then Pursuant to part 52 of title 10 of the so, but the Commission is able to ensure select ‘‘Begin Web-based ADAMS Code of Federal Regulations (10 CFR), consideration only for comments Search.’’ For problems with ADAMS, on May 12, 2016, Tennessee Valley received on or before this date. The please contact the NRC’s Public Authority (TVA) submitted an DEIS public meetings will be held on Document Room (PDR) reference staff at application for an ESP for the Clinch June 5, 2018. 1–800–397–4209, 301–415–4737, or by River Nuclear Site, located on email to [email protected]. The approximately 935 acres in Roane ADDRESSES: In addition to the public ADAMS accession number for each County, Tennessee, along the Clinch meetings for comment (described document referenced (if it is available in River, approximately 25 miles west- below), you may submit comment by ADAMS) is provided the first time that southwest of downtown Knoxville, any of the following methods: it is mentioned in the SUPPLEMENTARY Tennessee. • Federal Rulemaking website: Go to INFORMATION section. In addition, for the III. Further Information http://www.regulations.gov and search convenience of the reader, the ADAMS for Docket ID NRC–2016–0119. Address accession numbers are provided in a A notice of intent to prepare an questions about NRC dockets to Jennifer table in the section of this notice environmental impact statement (EIS) Borges; telephone: 301–287–9127; entitled Availability of Documents. and to conduct scoping process was email: [email protected]. For • NRC’s PDR: You may examine and published in the Federal Register on technical questions, contact the purchase copies of public documents at April 13, 2017 (82 FR 17885). A notice of receipt and availability of the individuals listed in the FOR FURTHER the NRC’s PDR, Room O1–F21, One application, including the INFORMATION CONTACT section of this White Flint North, 11555 Rockville document. Pike, Rockville, Maryland 20852. environmental report (ER), was • published in the Federal Register on • Project website: Go to https:// NRC Project Email Address: www.nrc.gov/reactors/new-reactors/esp/ June 23, 2016 (81 FR 40929). A notice Electronic comments may be sent by clinch-river.html. of acceptance for docketing of the email to the NRC at • Local Libraries: You may examine application for the ESP was published [email protected]. copies of public documents at the Oak in the Federal Register on January 12, • Mail comments to: May Ma, Office Ridge Public Library, 1401 Oak Ridge 2017 (82 FR 3812). A notice of hearing of Administration, Mail Stop: TWFN– Turnpike, Oak Ridge, Tennessee, and and opportunity to petition for leave to 07–A60, U.S. Nuclear Regulatory the Kingston Public Library, 1004 intervene in the proceeding on the Commission, Washington, DC 20555– Bradford Way, Kingston, Tennessee. application was published in the Federal Register on April 4, 2017 (82 FR 0001. B. Submitting Comments 16436). For additional direction on accessing Please include Docket ID NRC–2016– The purposes of this notice are to information and submitting comments, 0119 in your comment submission. The inform the public that the NRC staff has see ‘‘Obtaining Information and NRC cautions you not to include issued a DEIS as part of the review of Submitting Comments’’ in the identifying or contact information that the application for the ESP and to SUPPLEMENTARY INFORMATION section of you do not want to be publicly provide the public with an opportunity this document. disclosed in your comment submission. to provide comments. As set forth in 10 FOR FURTHER INFORMATION CONTACT: The NRC will post all comment CFR 51.20(b)(1), issuance of an ESP Patricia Vokoun, telephone: 301–415– submissions received through the under 10 CFR part 52 is an action that 3470, email: [email protected]; Federal Rulemaking website (http:// requires an EIS. This notice is being or Tamsen Dozier, telephone: 301–415– www.regulations.gov) in the published in accordance with the 2272, email: [email protected]. Regulations.gov docket (NRC–2016– National Environmental Policy Act of Both are staff members of the Office of 0119), and will also enter the comment 1969, as amended (NEPA) and the New Reactors, U.S. Nuclear Regulatory submissions into ADAMS. Comments NRC’s regulations in 10 CFR part 51. Commission, Washington, DC 20555– submitted through the NRC project In addition, as outlined in 36 CFR 0001. email address will be processed into 800.8(c), ‘‘Coordination with the ADAMS, and all comments will be National Environmental Policy Act,’’ the SUPPLEMENTARY INFORMATION: compiled and addressed in Appendix E NRC staff has been coordinating

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compliance with Section 106 of the NHPA in lieu of the procedures set forth III. Availability of Documents National Historic Preservation Act on 36 CFR 800.3 through 800.6. The DEIS is available in ADAMS (NHPA) with steps taken to meet the In accordance with 10 CFR 51.45 and under Accession Nos. ML18100A220 requirements of the NEPA. Pursuant to 51.50, TVA submitted the and ML18100A223. The following table 36 CFR 800.8(c), the NRC staff used the environmental ER as part of the indicates how the key reference process and documentation for the application; the ER is available in documents related to the application preparation of the EIS on the proposed ADAMS under Accession No. and the NRC staff’s review processes action to comply with Section 106 of the ML16144A145. may be accessed.

Document title ADAMS accession No. or website

10 CFR part 51, ‘‘Environmental Protection Regulations for Domestic https://www.nrc.gov/reading-rm/doc-collections/cfr/part051/. Licensing and Related Regulatory Function’’. 10 CFR part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear https://www.nrc.gov/reading-rm/doc-collections/cfr/part052/. Power Plants’’. 10 CFR part 100, ‘‘Reactor Site Criteria’’ ...... https://www.nrc.gov/reading-rm/doc-collections/cfr/part100/. NUREG–1555, ‘‘Standard Review Plans for Environmental Reviews for https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1555/. Nuclear Power Plants’’. NUREG/BR–0298, ‘‘Brochure on Nuclear Power Plant Licensing Proc- https://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures/ ess’’. br0298/. Regulatory Guide 4.2, ‘‘Preparation of Environmental Reports for Nu- ML13067A354. clear Power Stations (Supplement 1)’’. Regulatory Guide 4.7, ‘‘General Site Suitability Criteria for Nuclear ML12188A053. Power Stations’’. Fact Sheet on Nuclear Power Plant Licensing Process ...... https://www.nrc.gov/reading-rm/doc-collections/fact-sheets/licensing- process-fs.html. Regulatory Guide 1.206, ‘‘Combined License Applications for Nuclear https://www.nrc.gov/reading-rm/doc-collections/reg-guides/power-reac- Power Plants’’. tors/rg/01-206/. Nuclear Regulatory Commission Policy Statement on the Treatment of https://www.gpo.gov/fdsys/pkg/FR-2004-08-24/pdf/04-19305.pdf. Environmental Justice Matters in NRC Regulatory and Licensing Ac- tions.

The NRC may post materials related individuals to submit comments on the prepare and issue the final EIS, which to this document, including public draft report. will also be available to the public. comments, on the Federal Rulemaking Additionally, the NRC staff will host Dated at Rockville, Maryland, this 20th day website at http://www.regulations.gov informal discussions for 1 hour prior to of April 2018. under Docket ID NRC–2016–0119. The the start of each public meeting. No For the Nuclear Regulatory Commission. formal comments will be accepted Federal Rulemaking website allows you Anna H. Bradford, to receive alerts when changes or during the informal discussions. To be considered, comments must be provided Deputy Director, Division of New Reactor additions occur in a docket folder. To Licensing, Office of New Reactors. subscribe: (1) Navigate to the docket either at a transcribed public meeting or folder (NRC–2016–0119); (2) click the in writing, as discussed below. [FR Doc. 2018–08714 Filed 4–25–18; 8:45 am] ‘‘Sign up for Email Alerts’’ link; and (3) Persons may register to attend or BILLING CODE 7590–01–P enter your email address and select how present oral comments at the meeting on the DEIS by contacting Ms. Patricia frequently you would like to receive NUCLEAR REGULATORY Vokoun by telephone at 1–800–368– emails (daily, weekly, or monthly). COMMISSION 5642, extension 3470, or by email to the IV. Public Meetings for Comment NRC at [email protected] no [NRC–2018–0030] The NRC and the USACE staff will later than May 30, 2018. Members of the hold two identical public meetings to public may also register to speak at the Information Collection: NRC Form 7, present a brief overview of the DEIS and meeting prior to the start of the ‘‘Application for NRC Export or Import to accept public comments on the presentation. Individual oral comments License, Amendment, Renewal, or document. The meetings will be held at may be limited by the time available, Consent Request(s)’’ Noah’s Event Venue, 1200 Ladd depending on the number of persons Landing Blvd., Kingston, Tennessee, on who register. Members of the public AGENCY: Nuclear Regulatory June 5, 2018. The first meeting will who have not registered may also have Commission. convene at 2:00 p.m. and will continue an opportunity to speak, if time permits. ACTION: Renewal of existing information until approximately 4:00 p.m. The Public comments will be considered in collection; request for comment. second meeting will convene at 7:00 the preparation of the final EIS. If SUMMARY: p.m., with a repetition of the overview special equipment or accommodations The U.S. Nuclear Regulatory portions of the first meeting, and will are needed to attend or present Commission (NRC) invites public continue until approximately 9:00 p.m. information at the public meeting, the comment on the renewal of Office of The meetings will be transcribed and need should be brought to Ms. Vokoun’s Management and Budget (OMB) will include the following: attention no later than May 29, 2018, so approval for an existing collection of that the NRC staff can determine information. The information collection (1) A brief presentation of the whether the request can be is entitled, ‘‘Application for NRC contents of the DEIS; and accommodated. Export/Import License, Amendment, (2) the opportunity for interested After receipt and consideration of Renewal or Consent Request(s)’’ (OMB government agencies, organizations, and comments on the DEIS, the NRC will No. 3150–0027).

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DATES: Submit comments by June 25, Accession Nos. ML18002A474 and renewal, consent request, or exemption 2018. Comments received after this date ML18002A475. from a licensing requirement. • will be considered if it is practical to do NRC’s PDR: You may examine and 6. Who will be required or asked to so, but the Commission is able to ensure purchase copies of public documents at respond: Any person in the United consideration only for comments the NRC’s PDR, Room O1–F21, One States who wishes to (a) export or received on or before this date. White Flint North, 11555 Rockville import nuclear material and equipment ADDRESSES: Pike, Rockville, Maryland 20852. You may submit comments • subject to the requirements of a specific by any of the following methods: NRC’s Clearance Officer: A copy of license; (b) amend a license; (c) renew • Federal Rulemaking website: Go to the collection of information and related a license; (d) obtain consent to export http://www.regulations.gov and search instructions may be obtained without Category 1 quantities of materials listed for Docket ID NRC–2018–0030. Address charge by contacting NRC’s Clearance in appendix P to title 10 of the Code of questions about NRC dockets to Jennifer Officer, David Cullison, Office of the Federal Regulations (10 CFR) part 110; Borges; telephone: 301–287–9127; Chief Information Officer, U.S. Nuclear or (5) request an exemption from a email: [email protected]. For Regulatory Commission, Washington, licensing requirement under part 110. technical questions, contact the DC 20555–0001; telephone: 301–415– 2084; email: INFOCOLLECTS.Resource@ 7. The estimated number of annual individual listed in the FOR FURTHER responses: 85. INFORMATION CONTACT section of this NRC.GOV. document. B. Submitting Comments 8. The estimated number of annual • respondents: 85. Mail comments to: David Cullison, Please include Docket ID NRC–2018– Office of the Chief Information Officer, 0030 in the subject line of your 9. The estimated number of hours Mail Stop: T–5–F53, U.S. Nuclear comment submission in order to ensure needed annually to comply with the Regulatory Commission, Washington, that the NRC is able to make your information collection requirement or DC 20555–0001. comment submission available to the request: 204. For additional direction on obtaining public in this docket. 10. Abstract: Persons in the United information and submitting comments, The NRC cautions you not to include States wishing to export or import see ‘‘Obtaining Information and identifying or contact information in nuclear material or equipment who are Submitting Comments’’ in the comment submissions that you do not required to obtain a specific license, SUPPLEMENTARY INFORMATION section of want to be publicly disclosed in your amendment, license renewal; obtain this document. comment submission. All comment consent to export Category 1 quantities FOR FURTHER INFORMATION CONTACT: submissions are posted at http:// of byproduct material listed in appendix David Cullison, Office of the Chief www.regulations.gov and entered into P to 10 CFR part 110; or request an Information Officer, U.S. Nuclear ADAMS. Comment submissions are not exemption from a licensing requirement Regulatory Commission, Washington, routinely edited to remove identifying under part 110. The NRC Form 7 will DC 20555–0001; telephone: 301–415– or contact information. be reviewed by NRC staff and the 2084; email: INFOCOLLECTS.Resource@ If you are requesting or aggregating Executive Branch and, if applicable NRC.GOV. comments from other persons for statutory, regulatory, and policy SUPPLEMENTARY INFORMATION: submission to the NRC, then you should considerations are satisfied, the NRC inform those persons not to include will issue an export, import, I. Obtaining Information and identifying or contact information that amendment, or renewal license. Submitting Comments they do not want to be publicly III. Specific Requests for Comments A. Obtaining Information disclosed in their comment submission. Your request should state that the Please refer to Docket ID NRC–2018– The NRC is seeking comments that comment submissions are not routinely address the following questions: 0030 when contacting the NRC about edited to remove such information the availability of information for this before making the comment 1. Is the proposed collection of action. You may obtain publicly- submissions available to the public or information necessary for the NRC to available information related to this entering the comment into ADAMS. properly perform its functions? Does the action by any of the following methods: information have practical utility? • Federal Rulemaking website: Go to II. Background 2. Is the estimate of the burden of the http://www.regulations.gov and search In accordance with the Paperwork information collection accurate? for Docket ID NRC–2018–0030. Reduction Act of 1995 (44 U.S.C. • 3. Is there a way to enhance the NRC’s Agencywide Documents Chapter 35), the NRC is requesting Access and Management System quality, utility, and clarity of the public comment on its intention to information to be collected? (ADAMS): You may obtain publicly- request the OMB’s approval for the available documents online in the information collection summarized 4. How can the burden of the ADAMS Public Documents collection at below. information collection on respondents http://www.nrc.gov/reading-rm/ 1. The title of the information be minimized, including the use of adams.html. To begin the search, select collection: Application for NRC Export automated collection techniques or ‘‘ADAMS Public Documents’’ and then or Import License, Amendment, other forms of information technology? select ‘‘Begin Web-based ADAMS Renewal, or Consent Request(s). Dated at Rockville, Maryland, this 20th day Search.’’ For problems with ADAMS, 2. OMB approval number: OMB of April, 2018. please contact the NRC’s Public Approval Number 3150–0027. For the Nuclear Regulatory Commission. Document Room (PDR) reference staff at 3. Type of submission: Extension. 1–800–397–4209, 301–415–4737, or by 4. The form number, if applicable: David Cullison, email to [email protected]. A copy NRC Form 7. NRC Clearance Officer, Office of the Chief of the collection of information and 5. How often the collection is required Information Officer. related instructions may be obtained or requested: On occasion for each [FR Doc. 2018–08712 Filed 4–25–18; 8:45 am] without charge by accessing ADAMS separate export, import, amendment, BILLING CODE 7590–01–P

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SECURITIES AND EXCHANGE required by a continuing disclosure the average total annual cost that may be COMMISSION agreement (‘‘failure to file notices’’). incurred by issuers that use the services Rule 15c2–12 is intended to enhance of a designated agent will be Proposed Collection; Comment disclosure in the municipal securities $9,750,000.1 Request market, and thereby reduce fraud, by Written comments are invited on: (a) establishing standards for obtaining, Whether the proposed collection of Upon Written Request Copies Available reviewing and disseminating information is necessary for the proper From: U.S. Securities and Exchange information about municipal securities Commission, Office of FOIA Services, performance of the functions of the by their underwriters. Commission, including whether the 100 F Street NE, Washington, DC Municipal offerings of less than $1 20549–2736. information shall have practical utility; million are exempt from the rule, as are (b) the accuracy of the Commission’s Extension: offerings of municipal securities issued estimates of the burden of the proposed Rule 15c2–12, SEC File No. 270–330, OMB in large denominations that are sold to collection of information; (c) ways to Control No. 3235–0372. no more than 35 sophisticated investors enhance the quality, utility, and clarity Notice is hereby given that pursuant or have short-term maturities. of the information to be collected; and to the Paperwork Reduction Act of 1995 It is estimated that approximately (d) ways to minimize the burden of the (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the 20,000 issuers, 250 broker-dealers and collection of information on Securities and Exchange Commission the MSRB will spend a total of 115,248 respondents, including through the use (‘‘Commission’’) is soliciting comments hours per year complying with Rule of automated collection techniques or on the existing collection of information 15c2–12. Based on data from the MSRB other forms of information technology. provided for in Rule 15c2–12— through September 2014 and annualized Consideration will be given to Municipal Securities Disclosure (17 CFR through December 2014, issuers will comments and suggestions submitted in 240.15c2–12) under the Securities submit approximately 62,596 annual writing within 60 days of this Exchange Act of 1934 (15 U.S.C. 78a et filings to the MSRB in 2014. publication. seq.) (‘‘Exchange Act’’). The Commission staff estimates that an An agency may not conduct or Commission plans to submit this issuer will require approximately 45 sponsor, and a person is not required to existing collection of information to the minutes to prepare and submit annual respond to, a collection of information Office of Management and Budget filings to the MSRB. Therefore, the total unless it displays a currently valid OMB (‘‘OMB’’) for extension and approval. annual burden on issuers to prepare and control number. Paragraph (b) of Rule 15c2–12 submit 62,596 annual filings to the Please direct your written comments requires underwriters of municipal MSRB is estimated to be 46,947 hours. to: Pamela Dyson, Director/Chief securities: (1) To obtain and review an Based on data from the MSRB through Information Officer, Securities and official statement ‘‘deemed final’’ by an September 2014 and annualized through Exchange Commission, c/o Remi Pavlik- issuer of the securities, except for the December 2014, issuers will submit Simon, 100 F Street NE, Washington, omission of specified information prior approximately 73,480 event notices to DC 20549, or send an email to: PRA_ to making a bid, purchase, offer, or sale the MSRB in 2014. Commission staff [email protected]. of municipal securities; (2) in non- estimates that an issuer will require competitively bid offerings, to send, approximately 45 minutes to prepare Dated: April 23, 2018. upon request, a copy of the most recent and submit event notices to the MSRB. Eduardo A. Aleman, preliminary official statement (if one Therefore, the total annual burden on Assistant Secretary. exists) to potential customers; (3) to issuers to prepare and submit 73,480 [FR Doc. 2018–08821 Filed 4–25–18; 8:45 am] contract with the issuer to receive, event notices to the MSRB is estimated BILLING CODE 8011–01–P within a specified time, sufficient to be 55,110 hours. Based on data from copies of the final official statement to the MSRB through September 2014 and comply with Rule 15c2–12’s delivery annualized through December 2014, SECURITIES AND EXCHANGE requirement and the rules of the issuers will submit approximately 7,063 COMMISSION Municipal Securities Rulemaking Board failure to file notices to the MSRB in [Release No. 34–83077; File No. SR–Phlx– (‘‘MSRB’’); (4) to send, upon request, a 2014. Commission staff estimates that 2018–30] copy of the final official statement to an issuer will require approximately 30 potential customers for a specified minutes to prepare and submit failure to Self-Regulatory Organizations; Nasdaq period of time; and (5) before file notices to the MSRB. Therefore, the PHLX LLC; Notice of Filing and purchasing or selling municipal total annual burden on issuers to Immediate Effectiveness of Proposed securities in connection with an prepare and submit 7,063 failure to file Rule Change To Incorporate by offering, to reasonably determine that notices to the MSRB is estimated to be Reference The Nasdaq Stock Market the issuer or the obligated person has 3,531 hours. Commission staff estimates LLC’s Consolidated Audit Trail Rules undertaken, in a written agreement or that the total annual burden on broker- Into the Rules of Nasdaq Phlx contract, for the benefit of holders of dealers to comply with Rule 15c2–12 is such municipal securities, to provide 300 hours. Finally, Commission staff April 20, 2018. certain information on a continuing estimates that the MSRB will incur an Pursuant to Section 19(b)(1) of the basis to the MSRB in an electronic annual burden of 9,360 hours to collect, Securities Exchange Act of 1934 format as prescribed by the MSRB. The index, store, retrieve and make available (‘‘Act’’),1 and Rule 19b–4 thereunder,2 information to be provided consists of: the pertinent documents under Rule notice is hereby given that on April 10, (1) Certain annual financial and 15c2–12. 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or operating information and audited Based on data provided by the MSRB, financial statements (‘‘annual filings’’); the Commission estimates that up to 1 20,000 (number of issuers) × .65 (percentage of issuers that may use designated agents) × $750 (2) notices of the occurrence of any of 65% of issuers may use designated (estimated average annual cost for issuer’s use of 14 specific events (‘‘event notices’’); and agents to submit some or all of their designated agent) = $9,750,000. (3) notices of the failure of an issuer or continuing disclosure documents to the 1 15 U.S.C. 78s(b)(1). obligated person to make a submission MSRB. The Commission estimates that 2 17 CFR 240.19b–4.

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‘‘Exchange’’) filed with the Securities in effect from time to time (the ‘‘General 7 1934 (‘‘Act’’) and Rule 0–12 8 and Exchange Commission Rules’’), are hereby incorporated by reference thereunder, from the Section 19(b) rule (‘‘Commission’’) the proposed rule into this Nasdaq Phlx General 7, and are thus filing requirements to separately file a change as described in Items I and II Nasdaq Phlx Rules and thereby applicable to proposed rule change to amend Phlx below, which Items have been prepared Nasdaq Phlx Members. Nasdaq Phlx Members shall comply with the General 7 General 7. by the Exchange. The Commission is Rules as though such rules were fully set 2. Statutory Basis publishing this notice to solicit forth herein. All defined terms, including any comments on the proposed rule change variations thereof, contained in the General The Exchange believes that its from interested persons. 7 Rules shall be read to refer to the Nasdaq proposal is consistent with Section 6(b) Phlx related meaning of such term. Solely by I. Self-Regulatory Organization’s of the Act,9 in general, and furthers the way of example, and not in limitation or in objectives of Section 6(b)(5) of the Act,10 Statement of the Terms of Substance of exhaustion: The defined term ‘‘Exchange’’ in the Proposed Rule Change the General 7 Rules shall be read to refer to in particular, in that it is designed to promote just and equitable principles of The Exchange proposes to incorporate the Nasdaq Phlx Exchange; the defined term trade, to remove impediments to and by reference The Nasdaq Stock Market ‘‘Rule’’ in the General 7 Rules shall be read perfect the mechanism of a free and LLC’s (‘‘Nasdaq’’) rule at General 7, to refer to the Nasdaq Phlx Rule. open market and a national market entitled ‘‘Consolidated Audit Trail Should any rules which impact system, and, in general to protect Compliance’’ into Phlx’s General 7. trading behavior be added to the investors and the public interest, by The text of the proposed rule change Consolidated Audit Trail Compliance is available on the Exchange’s website at consolidating its rules into a single rule Rules in Nasdaq General 7 in the future, set. The Exchange intends to also file http://nasdaqphlx.cchwallstreet.com/, those rules shall not become subject to at the principal office of the Exchange, similar proposed rule changes for the the incorporation by reference and shall Nasdaq PHLX LLC; Nasdaq GEMX, LLC; and at the Commission’s Public be placed elsewhere within Phlx’s Reference Room. Nasdaq ISE, LLC; and Nasdaq MRX, LLC Rulebook. The incorporations by markets so that the General 7 Rules II. Self-Regulatory Organization’s reference of Nasdaq General 7 into which govern Consolidated Audit Trail Statement of the Purpose of, and Phlx’s General 7 Rule are regulatory in Compliance are conformed. Statutory Basis for, the Proposed Rule nature.5 The Exchange notes that as a Incorporating by reference the Nasdaq Change condition of an exemption, which the Exchange will request and will need to General 7 Rules into the Phlx General 7 In its filing with the Commission, the be approved by the Commission,6 Phlx Rules will provide an easy reference for Exchange included statements agrees to provide written notice to its Members seeking to comply with concerning the purpose of and basis for members whenever Nasdaq proposes a Consolidated Audit Trail on multiple the proposed rule change and discussed change to its General 7 Rule.7 Such markets. As noted, the Exchange intends any comments it received on the notice will alert Phlx members to the to file similar proposed rule changes for proposed rule change. The text of these proposed Nasdaq rule change and give other affiliated markets so that Nasdaq statements may be examined at the them an opportunity to comment on the General 7 is the source document for all places specified in Item IV below. The proposal. Phlx will similarly inform its Nasdaq Consolidated Audit Trail rules. Exchange has prepared summaries, set members in writing when the SEC The Exchange notes that the current rule forth in sections A, B, and C below, of approves any such proposed change. is not changing and Phlx members will the most significant aspects of such be required to continue to comply with statements. Implementation the General 7 Rules as though such rules A. Self-Regulatory Organization’s The Exchange proposes that this rule are fully set forth in Phlx’s Rulebook. Statement of the Purpose of, and change become operative at such time as The Exchange desires to conform its Statutory Basis for, the Proposed Rule it receives approval for an exemption rules and locate those rules within the Change from the Securities and Exchange same location in each Rulebook to provide Members the ability to quickly 1. Purpose Commission, pursuant to its authority under Section 36 of the Exchange Act of locate rules. The Exchange proposes to incorporate by reference Nasdaq’s rule at General 7, B. Self-Regulatory Organization’s 5 The General 7 Rules are categories of rules that Statement on Burden on Competition entitled ‘‘Consolidated Audit Trail are not trading rules. See 17 CFR 200.30–3(a)(76) Compliance’’ into Phlx’s General 7. The (contemplating such requests). In addition, several The Exchange does not believe that 3 other SROs incorporate by reference certain rule sets are identical. Phlx proposes to the proposed rule change will impose remove the current rule text from regulatory rules of another SRO and have received from the Commission similar exemptions from any burden on competition not General 7 and replace that rule text with Section 19(b) of the Exchange Act. See e.g., necessary or appropriate in furtherance 4 the following text: Securities Exchange Act Release Nos. 57478 (March of the purposes of the Act. The 12, 2008), 73 FR 14521 (March 18, 2008), 53128 The rules contained in The Nasdaq Stock (January 13, 2006), 71 FR 3550 (January 23, 2006); Exchange believes that this rule change Market LLC General 7, as such rules may be 49260 (February 17, 2004), 69 FR 8500 (February does not impose an undue burden on 24, 2004). competition because Phlx is merely 3 See Securities Exchange Act Release Nos. 82601 6 The Exchange will request an exemption incorporating by reference the rules of (January 30, 2018), 83 FR 4949 (February 2, 2018) pursuant to its authority under Section 36 of the (SR–Phlx–2018–11); 82604 (January 30, 2018), 83 Exchange Act of 1934 (‘‘Act’’) and Rule 0–12 6 Nasdaq’s General 7 into its own FR 5154 (February 5, 2018) (SR–NASDAQ–2018– thereunder, from the Section 19(b) rule filing Rulebook. The current General 7 is not 007); 82597 (January 30, 2018), 83 FR 4942 requirements to separately file a proposed rule being amended and therefore no (February 2, 2018) (SR–BX–2018–007); 82599 change to amend Phlx General 7. Member is impacted. (January 30, 2017), 83 FR 4947 (February 2, 2018) 7 Phlx will provide such notice via a posting on (SR–ISE–2018–09); 82598 (January 30, 2018), 83 FR the same website location where Phlx posts its own 4936 (February 2, 2018) (SR–GEMX–2018–02); and rule filings pursuant to Rule 19b–4 within the 8 See 17 CFR 240.0–12; Exchange Act Release No. 82600 (January 30, 2018), 83 FR 4934 (February 2, timeframe require by such Rule. The website 39624 (February 5, 1998), 63 FR 8101 (February 18, 2018) (SR–MRX–2018–03). posting will include a link to the location on the 1998). 4 Phlx shall include a hyperlink to Nasdaq’s Nasdaq website where the applicable proposed rule 9 15 U.S.C. 78f(b). General 7 for ease of reference. change is posted. 10 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s number should be included on the 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or Statement on Comments on the subject line if email is used. To help the ‘‘Exchange’’) filed with the Securities Proposed Rule Change Received From Commission process and review your and Exchange Commission Members, Participants, or Others comments more efficiently, please use (‘‘Commission’’) the proposed rule No written comments were either only one method. The Commission will change as described in Items I, II, and solicited or received. post all comments on the Commission’s III, below, which Items have been internet website (http://www.sec.gov/ prepared by the Exchange. The III. Date of Effectiveness of the rules/sro.shtml). Copies of the Commission is publishing this notice to Proposed Rule Change and Timing for submission, all subsequent solicit comments on the proposed rule Commission Action amendments, all written statements change from interested persons. Because the foregoing proposed rule with respect to the proposed rule change that are filed with the I. Self-Regulatory Organization’s change does not: (i) Significantly affect Statement of the Terms of Substance of the protection of investors or the public Commission, and all written the Proposed Rule Change interest; (ii) impose any significant communications relating to the burden on competition; and (iii) become proposed rule change between the The Exchange proposes to amend the operative for 30 days from the date on Commission and any person, other than Exchange’s Pricing Schedule at Section which it was filed, or such shorter time those that may be withheld from the II to clarify fees applicable to correcting as the Commission may designate, it has public in accordance with the ‘‘as/of’’ or ‘‘reversal’’ trades, as become effective pursuant to Section provisions of 5 U.S.C. 552, will be described below. The text of the 19(b)(3)(A)(iii) of the Act 11 and available for website viewing and proposed rule change is available on the subparagraph (f)(6) of Rule 19b–4 printing in the Commission’s Public Exchange’s website at http:// thereunder.12 Reference Room, 100 F Street NE, nasdaqphlx.cchwallstreet.com/, at the At any time within 60 days of the Washington, DC 20549, on official principal office of the Exchange, and at filing of the proposed rule change, the business days between the hours of the Commission’s Public Reference Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the Room. temporarily suspend such rule change if filing also will be available for it appears to the Commission that such inspection and copying at the principal II. Self-Regulatory Organization’s action is: (i) Necessary or appropriate in office of the Exchange. All comments Statement of the Purpose of, and the public interest; (ii) for the protection received will be posted without change. Statutory Basis for, the Proposed Rule of investors; or (iii) otherwise in Persons submitting comments are Change furtherance of the purposes of the Act. cautioned that we do not redact or edit In its filing with the Commission, the If the Commission takes such action, the personal identifying information from Exchange included statements Commission shall institute proceedings comment submissions. You should concerning the purpose of and basis for to determine whether the proposed rule submit only information that you wish the proposed rule change and discussed should be approved or disapproved. to make available publicly. All any comments it received on the submissions should refer to File IV. Solicitation of Comments proposed rule change. The text of these Number SR–Phlx–2018–30 and should statements may be examined at the Interested persons are invited to be submitted on or before May 17, 2018. places specified in Item IV below. The submit written data, views, and For the Commission, by the Division of Exchange has prepared summaries, set arguments concerning the foregoing, Trading and Markets, pursuant to delegated forth in sections A, B, and C below, of including whether the proposed rule authority.13 the most significant aspects of such change is consistent with the Act. Eduardo A. Aleman, statements. Comments may be submitted by any of Assistant Secretary. the following methods: A. Self-Regulatory Organization’s [FR Doc. 2018–08727 Filed 4–25–18; 8:45 am] Statement of the Purpose of, and Electronic Comments BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule • Use the Commission’s internet Change comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE 1. Purpose rules/sro.shtml); or • Send an email to rule-comments@ COMMISSION The purpose of the proposed rule sec.gov. Please include File Number SR– [Release No. 34–83080; File No. SR–18–31] change is to amend Section II of the Phlx–2018–30 on the subject line. Exchange’s Pricing Schedule to clarify Self-Regulatory Organizations; Nasdaq that when the Exchange processes an Paper Comments PHLX LLC; Notice of Filing and ‘‘as/of’’ or ‘‘reversal’’ trade at the request • Send paper comments in triplicate Immediate Effectiveness of Proposed of a member to correct clearing, the new to Secretary, Securities and Exchange Rule Change To Amend the trade will incur the ‘‘Floor’’ category of Commission, 100 F Street NE, Exchange’s Pricing Schedule at Options Transaction Charges for the Washington, DC 20549–1090. Section II To Clarify Fees Applicable correction, even if the underlying trade All submissions should refer to File To Correcting ‘‘As/of’’ or ‘‘Reversal’’ that the Exchange is correcting was Number SR–Phlx–2018–30. This file Trades electronic, because the Exchange must April 20, 2018. process all corrections manually and in 11 15 U.S.C. 78s(b)(3)(A)(iii). Pursuant to Section 19(b)(1) of the accordance with procedures applicable 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– to Floor trades. 4(f)(6)(iii) requires the Exchange to give the Securities Exchange Act of 1934 Commission written notice of the Exchange’s intent (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Pursuant to its Policy for Amended to file the proposed rule change, along with a brief notice is hereby given that on April 17, Billing Information, which is set forth in description and text of the proposed rule change, the introduction to the Pricing at least five business days prior to the date of filing 13 Schedule, the Exchange entertains of the proposed rule change, or such shorter time 17 CFR 200.30–3(a)(12). as designated by the Commission. The Exchange 1 15 U.S.C. 78s(b)(1). written requests (with supporting has satisfied this requirement. 2 17 CFR 240.19b–4. documentation) that its members submit

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to correct or reverse erroneous trades members and pursuant to errors for C. Self-Regulatory Organization’s after the date when such trades clear. which members, rather than the Statement on Comments on the The corrections that the Exchange Exchange, are responsible. Additionally, Proposed Rule Change Received From makes in response to such requests are it is reasonable for the Exchange to Members, Participants, or Others to errors that the requesting member or charge members the ‘‘Floor’’ rate to No written comments were either other members associated with the trade correct or reverse trades—including to solicited or received. have made with respect to executed correct or reverse both Floor-based and orders. These errors are not Exchange electronic trades—because the Exchange III. Date of Effectiveness of the errors. must process all such requests Proposed Rule Change and Timing for Provided that the Exchange manually, using trade tickets, and in Commission Action determines that the correction or accordance with its Floor-based The foregoing rule change has become reversal request is valid, the Exchange procedures. effective pursuant to Section must process the correction or reversal The Exchange believes that its 19(b)(3)(A)(ii) of the Act.6 manually, using a paper trade ticket, proposal is an equitable allocation and At any time within 60 days of the even if the underlying trade that the is not unfairly discriminatory because filing of the proposed rule change, the Exchange is correcting or reversing was the ‘‘Floor’’ rate that the Exchange Commission summarily may electronic in nature. The Exchange charges for corrections or reversals is temporarily suspend such rule change if presently does not possess a means of reflective of the Exchange’s manual it appears to the Commission that such electronically correcting or reversing a process of correcting or reversing a trade action is: (i) Necessary or appropriate in trade after settlement date of the trade. rather than the nature of the underlying the public interest; (ii) for the protection Accordingly, even if the Exchange trade that the Exchange is correcting or of investors; or (iii) otherwise in originally charged a member the reversing. Moreover, the Exchange notes furtherance of the purposes of the Act. ‘‘Electronic’’ rate for the Options that it will assess the same fee to all If the Commission takes such action, the Transaction Charge that applied to the similarly situated members that request Commission shall institute proceedings underlying trade, the Exchange will corrections or reversals. to determine whether the proposed rule charge the member the ‘‘Floor’’ rate to should be approved or disapproved. correct or reverse the trade. Although B. Self-Regulatory Organization’s this is the existing practice of the Statement on Burden on Competition IV. Solicitation of Comments Interested persons are invited to Exchange, the Exchange now proposes The Exchange does not believe that submit written data, views, and to make this practice explicit in its the proposed rule change will impose arguments concerning the foregoing, Pricing Schedule. Specifically, the any burden on competition not including whether the proposed rule Exchange proposes adding a footnote 8 necessary or appropriate in furtherance change is consistent with the Act. to Section II of the Pricing Schedule of the purposes of the Act. In terms of Comments may be submitted by any of stating that ‘‘Floor transaction fees will inter-market competition, the Exchange the following methods: apply to any ‘as of’ or ‘reversal’ notes that it operates in a highly adjustments for manually processed competitive market in which market Electronic Comments trades originally submitted participants can readily favor competing • electronically or through FBMS.’’ 3 Use the Commission’s internet venues if they deem fee levels at a comment form (http://www.sec.gov/ 2. Statutory Basis particular venue to be excessive. In such rules/sro.shtml); or The Exchange believes that its an environment, the Exchange must • Send an email to rule-comments@ proposal is consistent with Section 6(b) continually adjust its fees to remain sec.gov. Please include File Number SR– of the Act,4 in general, and furthers the competitive with other exchanges and Phlx–2018–31 on the subject line. with alternative trading systems that objectives of Sections 6(b)(4) and 6(b)(5) Paper Comments 5 have been exempted from compliance of the Act, in particular, in that it • provides for the equitable allocation of with the statutory standards applicable Send paper comments in triplicate reasonable dues, fees and other charges to exchanges. Because competitors are to Secretary, Securities and Exchange among members and issuers and other free to modify their own fees in Commission, 100 F Street NE, persons using any facility, and is not response, and because market Washington, DC 20549–1090. designed to permit unfair participants may readily adjust their All submissions should refer to File discrimination between customers, order routing practices, the Exchange Number SR–Phlx–2018–31. This file issuers, brokers, or dealers. believes that the degree to which fee number should be included on the The Exchange believes that it is changes in this market may impose any subject line if email is used. To help the reasonable to charge members an burden on competition is extremely Commission process and review your Options Transactions Charge to correct limited. comments more efficiently, please use or reverse erroneous trades because In this instance, the proposed changes only one method. The Commission will processing such corrections and to the Pricing Schedule compensate the post all comments on the Commission’s reversals requires the Exchange to Exchange for effecting transactions, internet website (http://www.sec.gov/ execute additional options transactions. using a manual process, that are rules/sro.shtml). Copies of the Moreover, the trade corrections and necessary to correct or reverse trades at submission, all subsequent reversals at issue occur at the request of a member’s request. The proposals also amendments, all written statements clarify and render more transparent the with respect to the proposed rule 3 For the avoidance of doubt, the Exchange notes existing practices of the Exchange with change that are filed with the that the transaction fee that the Exchange charges respect to its fees for processing member Commission, and all written to reverse or correct a trade is in addition to, rather requests for corrections and reversals. communications relating to the than in lieu of, the transaction fee charged to execute the underlying trade that is subject to The Exchange does not intend or expect proposed rule change between the reversal or correction. that the proposals will have any impact Commission and any person, other than 4 15 U.S.C. 78f(b). on inter-market or intra-market 5 15 U.S.C. 78f(b)(4) and (5). competition. 6 15 U.S.C. 78s(b)(3)(A)(ii).

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those that may be withheld from the the Commission that issuers that have (‘‘Act’’),1 and Rule 19b–4 thereunder,2 public in accordance with the conducted Tier 2 offering are notice is hereby given that on April 10, provisions of 5 U.S.C. 552, will be suspending their duty to file reports 2018, Nasdaq ISE, LLC (‘‘ISE’’ or available for website viewing and under Regulation A and to provide such ‘‘Exchange’’) filed with the Securities printing in the Commission’s Public information to the investing public. We and Exchange Commission Reference Room, 100 F Street NE, estimate that approximately 12 issuers (‘‘Commission’’) the proposed rule Washington, DC 20549, on official file Form 1–Z annually. We estimate change as described in Items I and II business days between the hours of that Form 1–Z takes approximately 1.5 below, which Items have been prepared 10:00 a.m. and 3:00 p.m. Copies of the hours to prepare. We estimate that by the Exchange. The Commission is filing also will be available for 100% of the 1.5 hours per response is publishing this notice to solicit inspection and copying at the principal prepared by the company for a total comments on the proposed rule change office of the Exchange. All comments annual burden of 18 hours (1.5 hours from interested persons. received will be posted without change. per response × 12 responses). I. Self-Regulatory Organization’s Persons submitting comments are Written comments are invited on: (a) Statement of the Terms of Substance of cautioned that we do not redact or edit Whether the proposed collection of the Proposed Rule Change personal identifying information from information is necessary for the proper comment submissions. You should performance of the functions of the The Exchange proposes to incorporate submit only information that you wish agency, including whether the by reference The Nasdaq Stock Market to make available publicly. All information will have practical utility; LLC’s (‘‘Nasdaq’’) rule at General 7, submissions should refer to File (b) the accuracy of the agency’s estimate entitled ‘‘Consolidated Audit Trail Number SR–Phlx–2018–31 and should of the burden imposed by the collection Compliance’’ into ISE’s General 7. be submitted on or before May 17, 2018. of information; (c) ways to enhance the The text of the proposed rule change For the Commission, by the Division of quality, utility, and clarity of the is available on the Exchange’s website at Trading and Markets, pursuant to delegated information collected; and (d) ways to http://ise.cchwallstreet.com/, at the authority.7 minimize the burden of the collection of principal office of the Exchange, and at Eduardo A. Aleman, information on respondents, including the Commission’s Public Reference Assistant Secretary. through the use of automated collection Room. techniques or other forms of information [FR Doc. 2018–08729 Filed 4–25–18; 8:45 am] II. Self-Regulatory Organization’s technology. Consideration will be given BILLING CODE 8011–01–P Statement of the Purpose of, and to comments and suggestions submitted Statutory Basis for, the Proposed Rule in writing within 60 days of this Change SECURITIES AND EXCHANGE publication. COMMISSION An agency may not conduct or In its filing with the Commission, the sponsor, and a person is not required to Exchange included statements Proposed Collection; Comment respond to, a collection of information concerning the purpose of and basis for Request unless it displays a currently valid the proposed rule change and discussed Upon Written Request Copies Available control number. any comments it received on the From: Securities and Exchange Please direct your written comments proposed rule change. The text of these Commission, Office of FOIA Services, to Pamela Dyson, Director/Chief statements may be examined at the 100 F Street NE, Washington, DC Information Officer, Securities and places specified in Item IV below. The 20549–2736. Exchange Commission, c/o Remi Pavlik- Exchange has prepared summaries, set Simon, 100 F Street NE, Washington, forth in sections A, B, and C below, of Extension: _ the most significant aspects of such Form 1–Z, SEC File No. 270–659, OMB DC 220549; or send an email to: PRA Control No. 3235–0723. [email protected]. statements. Notice is hereby given that, pursuant Dated: April 23, 2018. A. Self-Regulatory Organization’s to the Paperwork Reduction Act of 1995 Eduardo A. Aleman, Statement of the Purpose of, and (44 U.S.C. 3501 et seq.), the Securities Assistant Secretary. Statutory Basis for, the Proposed Rule and Exchange Commission [FR Doc. 2018–08820 Filed 4–25–18; 8:45 am] Change (‘‘Commission’’) is soliciting comments BILLING CODE 8011–01–P 1. Purpose on the collection of information summarized below. The Commission The Exchange proposes to incorporate plans to submit this existing collection SECURITIES AND EXCHANGE by reference Nasdaq’s rule at General 7, of information to the Office of COMMISSION entitled ‘‘Consolidated Audit Trail Management and Budget for extension Compliance’’ into ISE’s General 7. The 3 and approval. [Release No. 34–83079; File No. SR–ISE– rule sets are identical. ISE proposes to Form 1–Z (17 CFR 239.94) is used to 2018–35] remove the current rule text from report terminated or completed offerings or to suspend the duty to file ongoing Self-Regulatory Organizations; Nasdaq 1 15 U.S.C. 78s(b)(1). reports under Regulation A, an ISE, LLC; Notice of Filing and 2 17 CFR 240.19b–4. exemption from registration under the Immediate Effectiveness of Proposed 3 See Securities Exchange Act Release Nos. 82601 Securities Act of 1933 (15 U.S.C 77a et Rule Change To Incorporate by (January 30, 2018), 83 FR 4949 (February 2, 2018) (SR–Phlx–2018–11); 82604 (January 30, 2018), 83 seq.). The purpose of the Form 1–Z is Reference The Nasdaq Stock Market FR 5154 (February 5, 2018) (SR–NASDAQ–2018– to collect empirical data for the LLC’s Consolidated Audit Trail Rules 007); 82597 (January 30, 2018), 83 FR 4942 Commission on offerings conducted Into the Rules of Nasdaq ISE (February 2, 2018) (SR–BX–2018–007); 82599 under Regulation A that have (January 30, 2017), 83 FR 4947 (February 2, 2018) April 20, 2018. (SR–ISE–2018–09); 82598 (January 30, 2018), 83 FR terminated or completed, to indicate to 4936 (February 2, 2018) (SR–GEMX–2018–02); and Pursuant to Section 19(b)(1) of the 82600 (January 30, 2018), 83 FR 4934 (February 2, 7 17 CFR 200.30–3(a)(12). Securities Exchange Act of 1934 2018) (SR–MRX–2018–03).

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General 7 and replace that rule text with Implementation competition because ISE is merely 4 the following text: The Exchange proposes that this rule incorporating by reference the rules of The rules contained in The Nasdaq Stock change become operative at such time as Nasdaq’s General 7 into its own Market LLC General 7, as such rules may be it receives approval for an exemption Rulebook. The current General 7 is not in effect from time to time (the ‘‘General 7 from the Securities and Exchange being amended and therefore no Rules’’), are hereby incorporated by reference Commission, pursuant to its authority Member is impacted. into this Nasdaq ISE General 7, and are thus under Section 36 of the Exchange Act of C. Self-Regulatory Organization’s Nasdaq ISE Rules and thereby applicable to 1934 (‘‘Act’’) and Rule 0–12 8 Statement on Comments on the Nasdaq ISE Members. Nasdaq ISE Members thereunder, from the Section 19(b) rule Proposed Rule Change Received From shall comply with the General 7 Rules as filing requirements to separately file a Members, Participants, or Others though such rules were fully set forth herein. proposed rule change to amend ISE All defined terms, including any variations General 7. No written comments were either thereof, contained in the General 7 Rules solicited or received. 2. Statutory Basis shall be read to refer to the Nasdaq ISE III. Date of Effectiveness of the related meaning of such term. Solely by way The Exchange believes that its Proposed Rule Change and Timing for of example, and not in limitation or in proposal is consistent with Section 6(b) Commission Action exhaustion: The defined term ‘‘Exchange’’ in of the Act,9 in general, and furthers the the General 7 Rules shall be read to refer to objectives of Section 6(b)(5) of the Act,10 Because the foregoing proposed rule the Nasdaq ISE Exchange; the defined term in particular, in that it is designed to change does not: (i) Significantly affect ‘‘Rule’’ in the General 7 Rules shall be read promote just and equitable principles of the protection of investors or the public to refer to the Nasdaq ISE Rule. trade, to remove impediments to and interest; (ii) impose any significant perfect the mechanism of a free and burden on competition; and (iii) become Should any rules which impact open market and a national market operative for 30 days from the date on trading behavior be added to the system, and, in general to protect which it was filed, or such shorter time Consolidated Audit Trail Compliance investors and the public interest, by as the Commission may designate, it has Rules in Nasdaq General 7 in the future, consolidating its rules into a single rule become effective pursuant to Section those rules shall not become subject to set. The Exchange intends to also file 19(b)(3)(A)(iii) of the Act 11 and the incorporation by reference and shall similar proposed rule changes for the subparagraph (f)(6) of Rule 19b–4 be placed elsewhere within ISE’s Nasdaq PHLX LLC; Nasdaq GEMX, LLC; thereunder.12 Rulebook. The incorporations by Nasdaq ISE, LLC; and Nasdaq MRX, LLC At any time within 60 days of the reference of Nasdaq General 7 into ISE’s markets so that the General 7 Rules filing of the proposed rule change, the General 7 Rule are regulatory in nature.5 which govern Consolidated Audit Trail Commission summarily may The Exchange notes that as a condition Compliance are conformed. temporarily suspend such rule change if of an exemption, which the Exchange Incorporating by reference the Nasdaq it appears to the Commission that such will request and will need to be General 7 Rules into the ISE General 7 action is: (i) Necessary or appropriate in approved by the Commission,6 ISE Rules will provide an easy reference for the public interest; (ii) for the protection agrees to provide written notice to its Members seeking to comply with of investors; or (iii) otherwise in members whenever Nasdaq proposes a Consolidated Audit Trail on multiple furtherance of the purposes of the Act. change to its General 7 Rule.7 Such markets. As noted, the Exchange intends If the Commission takes such action, the notice will alert ISE members to the to file similar proposed rule changes for Commission shall institute proceedings proposed Nasdaq rule change and give other affiliated markets so that Nasdaq to determine whether the proposed rule them an opportunity to comment on the General 7 is the source document for all should be approved or disapproved. proposal. ISE will similarly inform its Nasdaq Consolidated Audit Trail rules. IV. Solicitation of Comments members in writing when the SEC The Exchange notes that the current rule approves any such proposed change. is not changing and ISE members will Interested persons are invited to be required to continue to comply with submit written data, views, and 4 ISE shall include a hyperlink to Nasdaq’s the General 7 Rules as though such rules arguments concerning the foregoing, General 7 for ease of reference. are fully set forth in ISE’s Rulebook. The including whether the proposed rule 5 The General 7 Rules are categories of rules that Exchange desires to conform its rules change is consistent with the Act. are not trading rules. See 17 CFR 200.30–3(a)(76) Comments may be submitted by any of (contemplating such requests). In addition, several and locate those rules within the same other SROs incorporate by reference certain location in each Rulebook to provide the following methods: regulatory rules of another SRO and have received Members the ability to quickly locate Electronic Comments from the Commission similar exemptions from rules. Section 19(b) of the Exchange Act. See e.g., • Use the Commission’s internet Securities Exchange Act Release Nos. 57478 (March B. Self-Regulatory Organization’s comment form (http://www.sec.gov/ 12, 2008), 73 FR 14521 (March 18, 2008), 53128 Statement on Burden on Competition (January 13, 2006), 71 FR 3550 (January 23, 2006); rules/sro.shtml); or 49260 (February 17, 2004), 69 FR 8500 (February The Exchange does not believe that • Send an email to rule-comments@ 24, 2004). the proposed rule change will impose sec.gov. Please include File Number SR– 6 The Exchange will request an exemption any burden on competition not ISE–2018–35 on the subject line. pursuant to its authority under Section 36 of the Exchange Act of 1934 (‘‘Act’’) and Rule 0–126 necessary or appropriate in furtherance thereunder, from the Section 19(b) rule filing of the purposes of the Act. The 11 15 U.S.C. 78s(b)(3)(A)(iii). requirements to separately file a proposed rule Exchange believes that this rule change 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– change to amend ISE General 7. does not impose an undue burden on 4(f)(6)(iii) requires the Exchange to give the 7 ISE will provide such notice via a posting on the Commission written notice of the Exchange’s intent same website location where ISE posts its own rule to file the proposed rule change, along with a brief filings pursuant to Rule 19b–4 within the timeframe 8 See 17 CFR 240.0–12; Exchange Act Release No. description and text of the proposed rule change, require by such Rule. The website posting will 39624 (February 5, 1998), 63 FR 8101 (February 18, at least five business days prior to the date of filing include a link to the location on the Nasdaq website 1998). of the proposed rule change, or such shorter time where the applicable proposed rule change is 9 15 U.S.C. 78f(b). as designated by the Commission. The Exchange posted. 10 15 U.S.C. 78f(b)(5). has satisfied this requirement.

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Paper Comments SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Statement of the Purpose of, and • COMMISSION Send paper comments in triplicate Statutory Basis for, the Proposed Rule to Secretary, Securities and Exchange Change Commission, 100 F Street NE, [Release No. 34–83085; File No. SR–MRX– 2018–12] Washington, DC 20549–1090. 1. Purpose Self-Regulatory Organizations; Nasdaq The Exchange proposes to incorporate All submissions should refer to File by reference Nasdaq’s rule at General 7, MRX, LLC; Notice of Filing and Number SR–ISE–2018–35. This file entitled ‘‘Consolidated Audit Trail Immediate Effectiveness of Proposed number should be included on the Compliance’’ into MRX’s General 7. The Rule Change To Incorporate by subject line if email is used. To help the rule sets are identical.3 MRX proposes Commission process and review your Reference The Nasdaq Stock Market to remove the current rule text from comments more efficiently, please use LLC’s Consolidated Audit Trail Rules General 7 and replace that rule text with only one method. The Commission will Into the Rules of Nasdaq MRX the following text: 4 post all comments on the Commission’s April 20, 2018. The rules contained in The Nasdaq Stock internet website (http://www.sec.gov/ Market LLC General 7, as such rules may be rules/sro.shtml). Copies of the Pursuant to Section 19(b)(1) of the in effect from time to time (the ‘‘General 7 submission, all subsequent Securities Exchange Act of 1934 Rules’’), are hereby incorporated by reference amendments, all written statements (‘‘Act’’),1 and Rule 19b–4 thereunder,2 into this Nasdaq MRX General 7, and are thus with respect to the proposed rule notice is hereby given that on April 10, Nasdaq MRX Rules and thereby applicable to 2018, Nasdaq MRX, LLC (‘‘MRX’’ or Nasdaq MRX Members. Nasdaq MRX change that are filed with the Members shall comply with the General 7 Commission, and all written ‘‘Exchange’’) filed with the Securities Rules as though such rules were fully set communications relating to the and Exchange Commission forth herein. All defined terms, including any proposed rule change between the (‘‘Commission’’) the proposed rule variations thereof, contained in the General Commission and any person, other than change as described in Items I and II 7 Rules shall be read to refer to the Nasdaq below, which Items have been prepared MRX related meaning of such term. Solely by those that may be withheld from the way of example, and not in limitation or in public in accordance with the by the Exchange. The Commission is exhaustion: the defined term ‘‘Exchange’’ in provisions of 5 U.S.C. 552, will be publishing this notice to solicit the General 7 Rules shall be read to refer to available for website viewing and comments on the proposed rule change the Nasdaq MRX Exchange; the defined term printing in the Commission’s Public from interested persons. ‘‘Rule’’ in the General 7 Rules shall be read to refer to the Nasdaq MRX Rule. Reference Room, 100 F Street NE, I. Self-Regulatory Organization’s Should any rules which impact Washington, DC 20549, on official Statement of the Terms of Substance of trading behavior be added to the business days between the hours of the Proposed Rule Change 10:00 a.m. and 3:00 p.m. Copies of the Consolidated Audit Trail Compliance filing also will be available for The Exchange proposes to incorporate Rules in Nasdaq General 7 in the future, inspection and copying at the principal by reference The Nasdaq Stock Market those rules shall not become subject to office of the Exchange. All comments LLC’s (‘‘Nasdaq’’) rule at General 7, the incorporation by reference and shall received will be posted without change. entitled ‘‘Consolidated Audit Trail be placed elsewhere within MRX’s Persons submitting comments are Compliance’’ into MRX’s General 7. Rulebook. The incorporations by reference of Nasdaq General 7 into cautioned that we do not redact or edit The text of the proposed rule change MRX’s General 7 Rule are regulatory in personal identifying information from is available on the Exchange’s website at nature.5 The Exchange notes that as a comment submissions. You should http://nasdaqmrx.cchwallstreet.com/, at condition of an exemption, which the submit only information that you wish the principal office of the Exchange, and Exchange will request and will need to to make available publicly. All at the Commission’s Public Reference be approved by the Commission,6 MRX submissions should refer to File Room. Number SR–ISE–2018–35 and should be 3 See Securities Exchange Act Release Nos. 82601 submitted on or before May 17, 2018. II. Self-Regulatory Organization’s (January 30, 2018), 83 FR 4949 (February 2, 2018) Statement of the Purpose of, and (SR–Phlx–2018–11); 82604 (January 30, 2018), 83 For the Commission, by the Division of Statutory Basis for, the Proposed Rule FR 5154 (February 5, 2018) (SR–NASDAQ–2018– Trading and Markets, pursuant to delegated 007); 82597 (January 30, 2018), 83 FR 4942 authority.13 Change (February 2, 2018) (SR–BX–2018–007); 82599 (January 30, 2017), 83 FR 4947 (February 2, 2018) Eduardo A. Aleman, In its filing with the Commission, the (SR–ISE–2018–09); 82598 (January 30, 2018), 83 FR Assistant Secretary. Exchange included statements 4936 (February 2, 2018) (SR–GEMX–2018–02); and 82600 (January 30, 2018), 83 FR 4934 (February 2, [FR Doc. 2018–08728 Filed 4–25–18; 8:45 am] concerning the purpose of and basis for 2018) (SR–MRX–2018–03). BILLING CODE 8011–01–P the proposed rule change and discussed 4 MRX shall include a hyperlink to Nasdaq’s any comments it received on the General 7 for ease of reference. proposed rule change. The text of these 5 The General 7 Rules are categories of rules that statements may be examined at the are not trading rules. See 17 CFR 200.30–3(a)(76) (contemplating such requests). In addition, several places specified in Item IV below. The other SROs incorporate by reference certain Exchange has prepared summaries, set regulatory rules of another SRO and have received forth in sections A, B, and C below, of from the Commission similar exemptions from Section 19(b) of the Exchange Act. See e.g., the most significant aspects of such Securities Exchange Act Release Nos. 57478 (March statements. 12, 2008), 73 FR 14521 (March 18, 2008), 53128 (January 13, 2006), 71 FR 3550 (January 23, 2006); 49260 (February 17, 2004), 69 FR 8500 (February 24, 2004). 1 15 U.S.C. 78s(b)(1). 6 The Exchange will request an exemption 13 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. pursuant to its authority under Section 36 of the

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agrees to provide written notice to its is not changing and MRX members will to determine whether the proposed rule members whenever Nasdaq proposes a be required to continue to comply with should be approved or disapproved. change to its General 7 Rule.7 Such the General 7 Rules as though such rules notice will alert MRX members to the are fully set forth in MRX’s Rulebook. IV. Solicitation of Comments proposed Nasdaq rule change and give The Exchange desires to conform its Interested persons are invited to them an opportunity to comment on the rules and locate those rules within the submit written data, views, and proposal. MRX will similarly inform its same location in each Rulebook to arguments concerning the foregoing, members in writing when the SEC provide Members the ability to quickly including whether the proposed rule approves any such proposed change. locate rules. change is consistent with the Act. Implementation B. Self-Regulatory Organization’s Comments may be submitted by any of The Exchange proposes that this rule Statement on Burden on Competition the following methods: change become operative at such time as The Exchange does not believe that Electronic Comments it receives approval for an exemption the proposed rule change will impose from the Securities and Exchange any burden on competition not • Use the Commission’s internet Commission, pursuant to its authority necessary or appropriate in furtherance comment form (http://www.sec.gov/ under Section 36 of the Exchange Act of of the purposes of the Act. The rules/sro.shtml); or 1934 (‘‘Act’’) and Rule 0–12 8 Exchange believes that this rule change • Send an email to rule-comments@ thereunder, from the Section 19(b) rule does not impose an undue burden on sec.gov. Please include File Number SR– filing requirements to separately file a competition because MRX is merely MRX–2018–12 on the subject line. proposed rule change to amend MRX incorporating by reference the rules of General 7. Nasdaq’s General 7 into its own Paper Comments Rulebook. The current General 7 is not 2. Statutory Basis being amended and therefore no • Send paper comments in triplicate The Exchange believes that its Member is impacted. to Secretary, Securities and Exchange proposal is consistent with Section 6(b) Commission, 100 F Street NE, C. Self-Regulatory Organization’s of the Act,9 in general, and furthers the Washington, DC 20549–1090. objectives of Section 6(b)(5) of the Act,10 Statement on Comments on the in particular, in that it is designed to Proposed Rule Change Received From All submissions should refer to File promote just and equitable principles of Members, Participants, or Others Number SR–MRX–2018–12. This file trade, to remove impediments to and No written comments were either number should be included on the perfect the mechanism of a free and solicited or received. subject line if email is used. To help the open market and a national market Commission process and review your III. Date of Effectiveness of the system, and, in general to protect comments more efficiently, please use Proposed Rule Change and Timing for investors and the public interest, by only one method. The Commission will Commission Action consolidating its rules into a single rule post all comments on the Commission’s set. The Exchange intends to also file Because the foregoing proposed rule internet website (http://www.sec.gov/ similar proposed rule changes for the change does not: (i) Significantly affect rules/sro.shtml). Copies of the Nasdaq PHLX LLC; Nasdaq GEMX, LLC; the protection of investors or the public submission, all subsequent Nasdaq ISE, LLC; and Nasdaq MRX, LLC interest; (ii) impose any significant amendments, all written statements markets so that the General 7 Rules burden on competition; and (iii) become with respect to the proposed rule which govern Consolidated Audit Trail operative for 30 days from the date on change that are filed with the Compliance are conformed. which it was filed, or such shorter time Commission, and all written Incorporating by reference the Nasdaq as the Commission may designate, it has communications relating to the General 7 Rules into the MRX General become effective pursuant to Section proposed rule change between the 7 Rules will provide an easy reference 19(b)(3)(A)(iii) of the Act 11 and Commission and any person, other than for Members seeking to comply with subparagraph (f)(6) of Rule 19b–4 those that may be withheld from the Consolidated Audit Trail on multiple thereunder.12 public in accordance with the markets. As noted, the Exchange intends At any time within 60 days of the provisions of 5 U.S.C. 552, will be to file similar proposed rule changes for filing of the proposed rule change, the available for website viewing and other affiliated markets so that Nasdaq Commission summarily may printing in the Commission’s Public General 7 is the source document for all temporarily suspend such rule change if Reference Room, 100 F Street NE, Nasdaq Consolidated Audit Trail rules. it appears to the Commission that such Washington, DC 20549, on official The Exchange notes that the current rule action is: (i) Necessary or appropriate in business days between the hours of the public interest; (ii) for the protection 10:00 a.m. and 3:00 p.m. Copies of the Exchange Act of 1934 (‘‘Act’’) and Rule 0–126 of investors; or (iii) otherwise in filing also will be available for thereunder, from the Section 19(b) rule filing furtherance of the purposes of the Act. requirements to separately file a proposed rule inspection and copying at the principal change to amend MRX General 7. If the Commission takes such action, the office of the Exchange. All comments 7 MRX will provide such notice via a posting on Commission shall institute proceedings received will be posted without change. the same website location where MRX posts its own Persons submitting comments are 11 rule filings pursuant to Rule 19b–4 within the 15 U.S.C. 78s(b)(3)(A)(iii). cautioned that we do not redact or edit timeframe require by such Rule. The website 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– posting will include a link to the location on the 4(f)(6)(iii) requires the Exchange to give the personal identifying information from Nasdaq website where the applicable proposed rule Commission written notice of the Exchange’s intent comment submissions. You should change is posted. to file the proposed rule change, along with a brief submit only information that you wish 8 See 17 CFR 240.0–12; Exchange Act Release No. description and text of the proposed rule change, to make available publicly. All 39624 (February 5, 1998), 63 FR 8101 (February 18, at least five business days prior to the date of filing 1998). of the proposed rule change, or such shorter time submissions should refer to File 9 15 U.S.C. 78f(b). as designated by the Commission. The Exchange Number SR–MRX–2018–12 and should 10 15 U.S.C. 78f(b)(5). has satisfied this requirement. be submitted on or before May 17, 2018.

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For the Commission, by the Division of changes to certain definitions governing definitions governing IPO and Opening Trading and Markets, pursuant to delegated IPO and Opening Auctions. The Auctions. authority.13 Exchange has designated this rule Pursuant to Rule 11.350(e), the Eduardo A. Aleman, change as ‘‘non-controversial’’ under Exchange will conduct an IPO Auction Assistant Secretary. 11 Section 19(b)(3)(A) of the Act and for securities that are the subject of an [FR Doc. 2018–08733 Filed 4–25–18; 8:45 am] provided the Commission with the initial public offering on the first day of BILLING CODE 8011–01–P notice required by Rule 19b–4(f)(6) 14 12 listing. In addition, as proposed, the thereunder. Exchange will also conduct an IPO The text of the proposed rule change Auction on the first day of listing for a SECURITIES AND EXCHANGE is available at the Exchange’s website at COMMISSION new issue that is not an initial public www.iextrading.com, at the principal offering, provided that a broker-dealer [Release No. 34–83075; File No. SR–IEX– office of the Exchange, and at the serving in the role of financial advisor 2018–08] Commission’s Public Reference Room. to the issuer of the securities being listed is willing to perform the functions Self-Regulatory Organizations; II. Self-Regulatory Organization’s that are performed by an underwriter Investors Exchange LLC; Notice of Statement of the Purpose of, and Filing and Immediate Effectiveness of Statutory Basis for, the Proposed Rule with respect to an initial public offering Proposed Rule Change To Amend Rule Change as specified in Rule 11.280(h)(9) 15 11.350 To Clarify When a New IEX- (‘‘specified underwriter functions’’). In its filing with the Commission, the Listed Security Will Be Eligible To For securities that are not the subject of self-regulatory organization included Begin Trading With an IPO Auction an initial public offering or other new statements concerning the purpose of, issues where a broker-dealer is April 20, 2018. and basis for, the proposed rule change unwilling to perform the specified Pursuant to Section 19(b)(1) 1 of the and discussed any comments it received underwriter functions, the security will Securities Exchange Act of 1934 (the on the proposed rule change. The text be eligible to begin trading in the Pre- ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 of these statement [sic] may be Market Session and have an Opening notice is hereby given that, on April 17, examined at the places specified in Item Auction on IEX at the start of Regular 2018, the Investors Exchange LLC IV below. The self-regulatory Market Hours, instead of conducting an (‘‘IEX’’ or the ‘‘Exchange’’) filed with the organization has prepared summaries, IPO Auction on the first day of listing.16 Securities and Exchange Commission set forth in Sections A, B, and C below, As an example, if an issuer with a class (the ‘‘Commission’’) the proposed rule of the most significant aspects of such of common stock listed on IEX offers change as described in Items I and II statements. and lists a class of preferred stock on below, which Items have been prepared A. Self-Regulatory Organization’s IEX, the offering of the preferred stock by the self-regulatory organization. The Statement of the Purpose of, and the would not constitute an initial public Commission is publishing this notice to Statutory Basis for, the Proposed Rule offering and if there is no broker-dealer solicit comments on the proposed rule Change serving in the role of financial advisor change from interested persons. to the issuer of the preferred stock that 1. Purpose I. Self-Regulatory Organization’s is willing to perform the specified Statement of the Terms of Substance of Overview underwriter functions, the security will the Proposed Rule Change be eligible to begin trading in the Pre- On August 4, 2017, the Commission Market Session and have an Opening Pursuant to the provisions of Section approved a proposed rule change filed Auction on IEX at the start of Regular 19(b)(1) under the Securities Exchange by the Exchange to adopt rules 4 Act of 1934 (‘‘Act’’), and Rule 19b–4 governing auctions in IEX-listed 14 Pursuant to section 12(f)(1)(G)(i)–(ii) of the thereunder,5 IEX is filing with the securities (‘‘IEX Auctions’’), including Securities and Exchange Act, a security is the Commission a proposed rule change to provisions governing the initial public subject of an initial public offering if the offering amend Rules 11.350(e) and (a) to clarify offering (‘‘IPO’’) of IEX-listed of the subject security is registered under the 13 Securities Act of 1933, the issuer of the security, that a new IEX-listed security that is not securities. The Exchange intends to immediately prior to filing the registration the subject of an initial public offering launch a listings program for corporate statement with respect to the offering, was not (‘‘IPO’’) 6 or otherwise being priced issuers in 2018. The purpose of this subject to the reporting requirements of the Act, and pursuant to Rule 11.280(h)(9) will be proposed rule change is to amend the initial public offering of such security commences at the opening of trading on the day on eligible to begin trading in the Pre- paragraphs (e) and (a) of Rule 11.350, which such security commences trading on the Market Session 7 and have an Opening and adopt new Supplemental Material national securities exchange with which such Auction 8 on IEX at the start of Regular .01 and .02 to Rule 11.350(e) to clarify security is registered. See 15 U.S.C. 78l(f)(1)(G). See Market Hours,9 rather than an IPO that a new IEX-listed security that is not also proposed Supplemental Material .01 to Rule Auction,10 and to make corresponding 11.350(e). the subject of an initial public offering 15 Pursuant to Rule 11.280(h)(9), the process for or otherwise being priced pursuant to halting and initial pricing of a security that is the 13 17 CFR 200.30–3(a)(12). Rule 11.280(h)(9) will be eligible to subject of an IPO shall also be available for the 1 15 U.S.C.78s(b)(1). begin trading in the Pre-Market Session initial pricing of any other security that has not 2 15 U.S.C. 78a. and have an Opening Auction on IEX at been listed on a national securities exchange or 3 traded in the over-the-counter market pursuant to 17 CFR 240.19b–4. the start of Regular Market Hours, rather 4 15 U.S.C. 78s(b)(1). FINRA Form 211 immediately prior to the initial pricing, provided that a broker-dealer serving in the 5 17 CFR 240.19b–4. than an IPO Auction, and to make role of financial advisor to the issuer of the 6 corresponding changes to certain The term IPO refers to the initial public offering securities being listed is willing to perform the of securities registered under Section 6 of the functions under IEX Rule 11.280(h)(8) that are Securities Act of 1933. 11 15 U.S.C. 78s(b)(3)(A). performed by an underwriter with respect to an 7 See Rule 1.160(z). 12 17 CFR 240.19b–4. initial public offering. See also proposed 8 See Rule 11.350(c). 13 See Securities Exchange Act Release No. 81316 Supplemental Material .01 to Rule 11.350(e). 9 See Rule 1.160(gg). (August 4, 2017), 82 FR 37474 (August 10, 2017). 16 See proposed Supplemental Material .02 to 10 See Rule 11.350(e). See also Rule 11.350(e). Rule 11.350(e) and Rule 11.350(c).

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Market Hours, instead of conducting an security that is the subject of an IPO on FINRA Form 211 immediately prior to IPO Auction on the first day of listing. IEX, and therefore there will be no the initial pricing, provided that a The Exchange notes that the proposed Continuous Book for such security. The broker-dealer serving in the role of rule changes do not alter the substantive Order Acceptance Period for an IPO financial advisor to the issuer of the functionality governing the IPO or Auction may be extended at the time of securities being listed is willing to Opening Auction processes. Instead, the the auction match pursuant to Rules perform the functions under IEX Rule proposed changes are designed to 11.350(e)(2)(B)(i)–(iv): 11.280(h)(8) that are performed by an simply clarify which of the existing IEX • Automatically for five (5) minutes underwriter with respect to an IPO. Auction processes will be utilized to when there are unmatched shares from begin trading in a new IEX-listed market orders on the IPO Auction Book; IEX Opening Auction • security that is not the subject of an IPO Automatically for five (5) minutes Pursuant to Rule 11.350(c)(1), Users or otherwise being priced pursuant to when the Indicative Clearing Price 24 at may submit orders eligible for execution Rule 11.280(h)(9), and to make the time of the IPO Auction match in the Opening Auction 27 at the corresponding changes to certain differs by the greater of five percent beginning of the Pre-Market Session, definitions governing IPO and Opening (5%) or fifty cents ($0.50) from any of which begins at 8:00 a.m. Any orders Auctions. the previous fifteen (15) Indicative designated for the Opening Auction Clearing Price disseminations; 28 IEX IPO Auction • Book will be queued until 9:30 a.m. Automatically during the Pre- at which time they will be eligible to be For trading in an IEX-listed security 25 Launch Period when the IPO Auction executed in the Opening Auction. In that is the subject of an IPO, or for the match price is above (below) the upper launch of a new issue,17 the Exchange addition to orders on the Opening (lower) price band selected by the Auction Book, limit orders on the will conduct an IPO Auction pursuant underwriter pursuant to proposed Rule to Rule 11.350(e). Specifically, Users Continuous Book with a time-in-force of 11.280(h)(8), until the clearing price is SYS or GTT are eligible to execute in may submit Auction Eligible Orders18 within such bands; or for execution in the IPO Auction at the • the Opening Auction (‘‘Pre-market Manually upon request from the Continuous Book’’).29 The Exchange start of the Order Acceptance Period,19 underwriter at any time prior to the which begins at 8:00 a.m.20 All Auction does not place any restrictions on the auction match. entry of orders to the Pre-market Eligible Orders designated for Furthermore, Rule 11.280(h)(8) Continuous Book to avoid unnecessary participation in the IPO Auction will be governs the process for resuming from a disruptions to continuous trading. queued on the IPO Auction Book 21 until trading halt initiated under Rule the scheduled auction match, at which 11.280(g)(7) for a security that is the Pursuant to proposed Rule time they will be eligible for execution subject of an IPO. Thus, in addition to 11.350(c)(2), beginning at the Opening in the IPO Auction. Pursuant to Rule the systemic processes described above Auction Lock-in Time 30 and updated 11.350(e)(2)(A), the Exchange will begin that govern the IPO Auction match, every one second thereafter, the to disseminate IEX Auction Information there is a series of procedural steps to Exchange will disseminate IEX Auction via electronic means at the start of the complete an IPO Auction, which Information via electronic means. The Display Only Period,22 which begins include input from and coordination Exchange will attempt to conduct an thirty (30) minutes prior to the with the IPO underwriter. Specifically, Opening Auction for all IEX-listed scheduled IPO Auction match, and will pursuant to Rule 11.280(h), thirty (30) securities at the start of Regular Market be updated every one second minutes after the start of the Display Hours (i.e., 9:30 a.m.) in accordance thereafter.23 The Exchange will attempt Only Period, unless extended by the with the clearing price determination to conduct an IPO Auction for all IEX- underwriter, the security will enter a process set forth in Rule 11.350(c)(2)(B). listed securities at the scheduled Pre-Launch Period of indeterminate All orders eligible for execution in the auction match time in accordance with duration. The Pre-Launch Period will Opening Auction (i.e., orders on the the clearing price determination process end immediately after the transition to Opening Auction Book and orders on set forth in Rule 11.350(e)(2)(C). the Regular Market Session following the Pre-Market Continuous Book that Auction Eligible Orders will be ranked the IPO Auction match,26 pending: are not Auction Ineligible Orders) 31 are and maintained in accordance with IEX • Notification from the underwriter Auction Eligible Orders. Auction auction priority, pursuant to Rule that the security is ready to trade; Eligible Orders will be ranked and 11.350(b). • Subsequent approval of the maintained in accordance with IEX The Exchange will generally attempt Indicative Clearing Price at the time of auction priority, pursuant to Rule to conduct an IPO Auction beginning at such notification; and 11.350(b). Moreover, pursuant to Rule 10:15 a.m. Pursuant to Rule 11.280(g)(7), • Validation that each of the 11.350(a)(2), non-displayed buy (sell) IEX will declare a regulatory halt before conditions for the extension of the orders on the Pre-Market Continuous the start of the Pre-Market Session for a Order Acceptance Period set forth in Book with a resting price (as defined in Rules 11.350(e)(2)(B)(i)–(iv) are not Rule 11.350(b)(1)(A)(i)) within the 17 The Exchange notes that new issues are satisfied. Reference Price Range 32 will be priced registered securities that are being listed on the Lastly, pursuant to Rule 11.280(h)(9), at the lower (upper) threshold of the Exchange and sold publicly for the first time but are not necessarily the subject of an IPO. the process for halting and initial Reference Price Range for the purpose of 18 See Rule 11.350(a)(2). pricing of a security that is the subject 19 See Rule 11.350(a)(29). of an IPO shall also be available for the 27 See Rule 11.350(c). 20 All times are in Eastern Time. initial pricing of any other security that 28 Pursuant to Rule 11.350(a)(1)(A), orders on the 21 See Rule 11.350(a)(1)(C). For an IPO Auction, has not been listed on a national Opening Auction Book would include MOO orders, the IPO Auction Book would include Market-On- securities exchange or traded in the LOO orders, market orders with a time-in-force of Open, Limit-On-Open, and market orders with a DAY, and limit orders with a time-in-force of DAY time-in-force of DAY, as well as limit orders with over-the-counter market pursuant to or GTX. a time in-force of DAY, GTX, GTT, SYS, FOK, or 29 See Rule 11.190(a)(1)(E)(iv) and (vi). IOC. 24 See Rule 11.350(a)(9)(E). 30 See Rule 11.350(a)(22). 22 See Rule 11.350(a)(5). 25 See Rule 11.280(h)(8). 31 See Rule 11.350(a)(3). 23 See Rule 11.350(a)(9). 26 See Rule 11.350(e)(3). 32 See Rule 11.350(a)(30).

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determining the clearing price,33 but Rule 11.280(h)(9) will be eligible to Hours, rounded to the nearest Minimum will be ranked and eligible for execution begin trading in the Pre-Market Session Price Variant (‘‘MPV’’) or Midpoint in the Opening Auction match at the and have an Opening Auction on IEX at Price calculated by the System, order’s resting price.34 the start of Regular Market Hours, rather whichever is closer: 37 than an IPO Auction. D If there is no qualifying Final Proposed Changes Lastly, the Exchange proposes to Consolidated Last Sale Eligible Trade The Exchange proposes to clarify that make corresponding changes to Rules for the current day, the previous official a new IEX-listed security that is not the 11.350(a)(6) and (7), which define the closing price; or subject of an IPO or otherwise being terms ‘‘Final Consolidated Last Sale D If there is no qualifying previous priced pursuant to Rule 11.280(h)(9) Eligible Trade’’,35 and ‘‘Final Last Sale official closing price for a security that (i.e., a financial advisor to the issuer is Eligible Trade’’,36 respectively. is not the subject of an IPO or otherwise willing to perform the specified Specifically, the Exchange proposes to being priced pursuant to Rule underwriter functions for a security that add a new subparagraph (i) to paragraph 11.280(h)(9), the issue price. was not listed on a national securities (A) of Rules 11.350(a)(6) and (7) to o The Final Last Sale Eligible Trade exchange or traded pursuant to FINRA specify that if there is no qualifying will be equal to the last trade on IEX form 211 immediately prior to the initial previous official closing price for a prior to the end of Regular Market pricing) will be eligible to begin trading security that is not the subject of an IPO Hours,38 or if there is no qualifying in the Pre-Market Session and have an or otherwise being priced pursuant to Final Last Sale Eligible Trade for the Opening Auction on IEX at the start of Rule 11.280(h)(9), the Final current day, the issue price. Regular Market Hours, rather than an Consolidated Last Sale Eligible Trade • For a security that is the subject of IPO Auction. As described above, and the Final Last Sale Eligible Trade an IPO or otherwise being priced current Exchange Rule 11.350(e) states will be equal to issue price. pursuant to Rule 11.280(h)(9): in relevant part that an IPO Auction will Furthermore, the Exchange proposes to Æ The Exchange will conduct an IPO be utilized for the launch of a new issue. amend subparagraph (B) of Rules Auction; However, pursuant to Rule 11.280(g)(7), 11.350(a)(6) and (7) to replace the broad IEX may only issue a regulatory halt language referencing ‘‘the launch of a Æ The Final Consolidated Last Sale before the start of the Pre-Market new issue’’ with a more specific cross Eligible Trade will be equal to the last Session for a security that is the subject reference to the initial pricing of any trade prior to the end of Regular Market of an IPO on IEX, or pursuant to Rule other security pursuant to Rule Hours, rounded to the nearest MPV or 11.280(h)(9). 11.280(h)(9). Thus, as proposed: Midpoint Price calculated by the Therefore, the IPO Auction process, • For a security that is not the subject System, whichever is closer: 39 which pre-supposes there is no trading of an IPO or otherwise being priced D If there is no qualifying Final in the security prior to the IPO Auction pursuant to Rule 11.280(h)(9): Consolidated Last Sale Eligible Trade match, would be suboptimal for the Æ The security will be eligible to for the current day, the issue price. launch of a new issue that is not an IPO begin trading in the Pre-Market Session Æ The Final Last Sale Eligible Trade or otherwise being priced pursuant to and have an Opening Auction on IEX at will be equal to the last trade on IEX Rule 11.280(h)(9), because the Exchange the start of Regular Market Hours, rather prior to the end of Regular Market does not have authority to initiate a than an IPO Auction; and Hours: 40 regulatory trading halt, and thus such D If there is no qualifying Final Last securities would be eligible for trading Æ The Final Consolidated Last Sale Sale Eligible Trade for the current day, during the Pre-Market Session. The IPO Eligible Trade will be equal to the last the issue price. Auction process is designed to aggregate trade prior to the end of Regular Market The Exchange believes the proposed all existing liquidity in a security and modifications to paragraphs (e) and (a) execute the maximum number of shares 35 Pursuant to Rule 11.350(a)(6), the Final of Rule 11.350 and the addition of at a price that accurately reflects supply Consolidated Last Sale Eligible Trade is the last Supplemental Material .01 and .02 to trade prior to the end of Regular Market Hours, or and demand. The IPO Auction is not where applicable, prior to trading in the security Rule 11.350(e) are designed to avoid any designed to account for continuous being halted or paused, that is last sale eligible and potential confusion regarding which of trading, and thus running an IPO reported to the Consolidated Tape System the IEX Auctions will be utilized to Auction alongside continuous trading (‘‘Consolidated Tape’’), rounded to the nearest MPV process an IEX-listed security that is not could result in auction pricing that does or Midpoint Price calculated by the System, whichever is closer. If there is no qualifying Final the subject of an IPO or otherwise being not account for all available interest in, Consolidated Last Sale Eligible Trade for the priced pursuant to Rule 11.280(h)(9), or reflect the current market for, the current day, the previous official closing price; and and therefore further clarifies the security. Accordingly, the Exchange is in the case of an IPO or the initial pricing of any Exchange’s auction processing. In proposing to clarify that an IEX-listed other security pursuant to Rule 11.280(h)(9), the issue price. See also Rules 11.350(a)(30) and (33), addition, as announced in IEX Trading security that is not the subject of an IPO as well as Rules 11.350(d)(4)(B)(i) and (ii), which Alerts #2017–015 and #2017–046, the or otherwise being priced pursuant to utilize the defined term in a variety of contexts, Exchange intends to become a primary none of which are significantly impacted by the listing exchange and support its first 33 Note, non-displayed buy (sell) orders on the proposed changes. Continuous Book with a resting price (as defined in 36 Pursuant to Rule 11.350(a)(7), the Final Last 37 However, where applicable, it will be the last Rule 11.350(b)(1)(A)(i)) within the Reference Price Sale Eligible Trade is the last trade on IEX prior to trade prior to trading in the security being halted Range will be priced at the at the lower (upper) the end of Regular Market Hours, or where or paused, that is last sale eligible and reported to threshold of the Reference Price Range for the applicable, prior to trading in the security being the Consolidated Tape, rounded to the nearest MPV purpose of determining the clearing price and the halted or paused, that is last sale eligible and Indicative Clearing Price disseminated in IEX reported to the Consolidated Tape. If there is no or Midpoint Price calculated by the System, Auction Information as set forth in Rule qualifying Final Last Sale Eligible Trade for the whichever is closer. See Rule 11.210 specifying the 11.350(a)(9)(E). current day, the previous official closing price; and MPV and Rule 1.160(t) defining Midpoint Price. 38 34 The Exchange notes that in the case of an IPO, in the case of an IPO or launch of a new issue, the However, where applicable, it will be the last Halt, or Volatility Auction, there is no continuous issue price. See also Rules 11.350(d)(2)(B) and (D); trade prior to trading in the security being halted trading and therefore no Continuous Book. as well as Rule 11.350(f)(3)(B)(ii), which each or paused, that is last sale eligible and reported to Accordingly, there would be no non-displayed utilize the defined term in a variety of contexts, the Consolidated Tape. interest on the Continuous Book to which this none of which are significantly impacted by the 39 See supra note 37. functionality would apply. proposed changes. 40 See supra note 38.

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IEX-listed security in 2018.41 As part of or otherwise being priced pursuant to existing IEX Auction processes will be the listings initiative, the Exchange is Rule 11.280(h)(9). In this regard, the utilized to begin trading in a new IEX- providing a series of industry wide Exchange believes that the choice of listed security that is not the subject of weekend tests for the Exchange and its which auction applies is consistent with an IPO or otherwise being priced Members to exercise the various the Act because the IPO Auction pursuant to Rule 11.280(h)(9). technology changes required to support presupposes that a financial advisor is Furthermore, the Exchange believes the IEX Auctions and listings willing to perform the specified proposed rule change is designed to functionality.42 Accordingly, the underwriter functions and it would not make IEX’s rules more complete, and Exchange is proposing to clarify make sense to use an IPO Auction in the descriptive of the System’s functionality paragraphs (e) and (a) of Rule 11.350 absence of such a financial advisor. to avoid any potential confusion among and add Supplemental Material .01 and Further, the proposed progression of Members and market participants .02 to Rule 11.350(e) as described above reference prices that will be utilized as regarding such functionality, to the in advance of the industry wide testing the Final Consolidated Last Sale Eligible benefit of all market participants. Lastly, period in 2018 in order to avoid Trade and the Final Last Sale Eligible the Exchange notes that the proposed potential confusion, and allow Members Trade for a security that is not the changes will apply to all Members on a and other market participants time to subject of an IPO or otherwise being fair and equal basis. Accordingly, the develop, test, and deploy any necessary priced pursuant to Rule 11.280(h)(9) is Exchange believes there are no new changes to support IEX Auctions. consistent with the protection of intra-market competitive burdens investors and the public interest in that imposed as a result of the proposed rule 2. Statutory Basis such prices most accurately reflect the changes. IEX believes that the proposed rule market for the security and are also C. Self-Regulatory Organization’s changes are consistent with the consistent with the Exchange’s current Statement on Comments on the provisions of Section 6(b) 43 of the Act reference prices. Proposed Rule Change Received From in general, and furthers the objectives of Furthermore, the Exchange believes Members, Participants, or Others Section 6(b)(5) of the Act 44 in the proposed rule changes are consistent particular, in that they are designed to with the protection of investors and the Written comments were neither prevent fraudulent and manipulative public interest because as described solicited nor received. acts and practices, to promote just and above, the IPO Auction is not designed III. Date of Effectiveness of the equitable principles of trade, to remove to account for continuous trading, and Proposed Rule Change and Timing for impediments to and perfect the thus running an IPO Auction alongside Commission Action mechanism of a free and open market continuous trading could result in and a national market system, and, in auction pricing that does not account for Because the foregoing proposed rule general, to protect investors and the all available interest in, or reflect the change does not: (i) Significantly affect public interest. current market for, the security. the protection of investors or the public The Exchange believes that the Accordingly, the Exchange proposes to interest; (ii) impose any significant proposed changes to paragraphs (e) and clarify that an IEX-listed security that is burden on competition; and (iii) become (a) of Rule 11.350 and the addition of not the subject of an IPO or otherwise operative for 30 days from the date on Supplemental Material .01 and .02 to being priced pursuant to Rule which it was filed, or such shorter time Rule 11.350(e) are consistent with the 11.280(h)(9) will be eligible to begin as the Commission may designate, it has become effective pursuant to Section protection of investors and the public trading in the Pre-Market Session and 19(b)(3)(A) 46 of the Act and Rule 19b– interest in that they do not alter the have an Opening Auction on IEX at the 4(f)(6) thereunder.47 substantive functionality governing the start of Regular Market Hours, rather IPO or Opening Auction processes. A proposed rule change filed than an IPO Auction. pursuant to Rule 19b–4(f)(6) under the Instead, the proposed changes simply 48 clarify which of the existing IEX B. Self-Regulatory Organization’s Act normally does not become Statement on Burden on Competition operative for 30 days after the date of its Auction processes will be utilized to 49 begin trading in a new IEX-listed IEX does not believe that the filing. However, Rule 19b–4(f)(6)(iii) security that is not the subject of an IPO proposed rule changes will result in any permits the Commission to designate a burden on competition that is not shorter time if such action is consistent 41 See IEX Trading Alert #2017–015 (Listings necessary or appropriate in furtherance with the protection of investors and the Specifications, Testing Opportunities, and of the purposes of the Act, in that the public interest. The Exchange has asked Timelines), May 31, 2017. See also IEX Trading proposed rule changes are consistent the Commission to waive the 30-day Alert #2017–046 (IEX Listings Timeline Update), operative delay so that the proposal may originally published on Monday, October 30, 2017, with the rules of other primary listing and re-published on Tuesday, October 31, 2017. markets.45 Thus, the Exchange believes become operative immediately upon 42 See, e.g., IEX Trading Alert #2017–028 (First there are no new inter-market filing. The Exchange states that waiver Listings Functionality Industry Test on Saturday, competitive burdens imposed as a result of the 30-day operative delay would August 26), August 17, 2017; IEX Trading Alert of the proposed rule changes. avoid any potential confusion regarding #2017–037 (Second Listings Functionality Industry IEX Auctions as IEX continues industry- Test on Saturday, September 9), September 7, 2017; In addition, the Exchange does not IEX Trading Alert #2017–039 (Third Listings believe that the proposed changes will Functionality Industry Test on Saturday, September have any impact on intra-market 46 15 U.S.C. 78s(b)(3)(A) 23), September 18, 2017; IEX Trading Alert #2017– 47 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 040 (Rescheduled 4th Listing Functionality competition. Specifically, as discussed 4(f)(6) requires a self-regulatory organization to give Industry Test), September 29, 2017; IEX Trading above, the proposed clarification does the Commission written notice of its intent to file Alert #2017–046 (IEX Listings Timeline Update), not alter the substantive functionality the proposed rule change, along with a brief originally published on Monday, October 30, 2017, governing the IPO or Opening Auction description and the text of the proposed rule and re-published on Tuesday, October 31, 2017; change, at least five business days prior to the date and IEX Trading Alert #2017–047 (Fourth Listings processes. Instead, the proposed of filing of the proposed rule change, or such Functionality Industry Test on Saturday, November changes simply clarify which of the shorter time as designated by the Commission. The 4), October 31, 2017. Exchange has satisfied this requirement. 43 15 U.S.C. 78f. 45 See e.g., the Nasdaq Stock Market, LLC 48 17 CFR 240.19b–4(f)(6). 44 15 U.S.C. 78f(b)(5). (‘‘Nasdaq’’) Rules 4753 and 4120(c)(8)–(9). 49 17 CFR 240.19b–4(f)(6)(iii).

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wide testing of the technology changes comments more efficiently, please use of information to the Office of being made by the Exchange and its only one method. The Commission will Management and Budget for extension Members to support IEX as a listings post all comments on the Commission’s and approval. 50 market, including IEX Auctions. The internet website (http://www.sec.gov/ Form 1–SA (17 CFR 239.92) is used to Commission notes that IEX’s proposal rules/sro.shtml). Copies of the file semiannual reports by Tier 2 issuers incrementally amends the opening submission, all subsequent under Regulation A, an exemption from auction rule to address a scenario that amendments, all written statements registration under the Securities Act of the Exchange did not originally with respect to the proposed rule 1933 (15 U.S.C. 77a et seq.). Tier 2 contemplate, and does so in a manner change that are filed with the issuers under Regulation A conducting consistent with the Commission’s prior Commission, and all written offerings of up to $50 million within a approval of that rule without raising any communications relating to the 12-month period are required to file novel issues. In addition, as noted proposed rule change between the Form 1–SA. Form 1–SA provides above, the proposal is consistent with Commission and any person, other than semiannual, interim financial the rules of another primary listing those that may be withheld from the market. Accordingly, the Commission public in accordance with the statements and information about the believes the waiver of the operative provisions of 5 U.S.C. 552, will be issuer’s liquidity, capital resources and delay is consistent with the protection available for website viewing and operations after the issuer’s second of investors and the public interest. printing in the Commission’s Public fiscal quarter. The purpose of the Form Therefore, the Commission hereby Reference Room, 100 F Street NE, 1–SA is to better inform the public waives the operative delay and Washington, DC 20549, on official about companies that have conducted designates the proposal operative upon business days between the hours of Tier 2 offerings under Regulation A. We filing.51 10:00 a.m. and 3:00 p.m. Copies of the estimate that approximately 36 issuers At any time within 60 days of the filing also will be available for file Form 1–SA annually. We estimate filing of the proposed rule change, the inspection and copying at the principal that Form 1–SA takes approximately Commission summarily may office of the Exchange. All comments 187.43 hours to prepare. We estimate temporarily suspend such rule change if received will be posted without change. that 85% of the 187.43 hours per it appears to the Commission that such Persons submitting comments are response (159.32 hours) is prepared by action is: (i) Necessary or appropriate in cautioned that we do not redact or edit the company for a total annual burden the public interest; (ii) for the protection personal identifying information from of 5,736 hours (159.32 hours per of investors; or (iii) otherwise in comment submissions. You should response × 36 responses). furtherance of the purposes of the Act. submit only information that you wish Written comments are invited on: (a) If the Commission takes such action, the to make available publicly. All Whether the proposed collection of Commission shall institute proceedings submissions should refer to File No. information is necessary for the proper to determine whether the proposed rule SR–IEX–2018–08, and should be performance of the functions of the should be approved or disapproved. submitted on or before May 17, 2018. agency, including whether the IV. Solicitation of Comments For the Commission, by the Division of information will have practical utility; Interested persons are invited to Trading and Markets, pursuant to delegated (b) the accuracy of the agency’s estimate 52 submit written data, views, and authority. of the burden imposed by the collection arguments concerning the foregoing, Eduardo A. Aleman, of information; (c) ways to enhance the including whether the proposed rule Assistant Secretary. quality, utility, and clarity of the change is consistent with the Act. [FR Doc. 2018–08726 Filed 4–25–18; 8:45 am] information collected; and (d) ways to Comments may be submitted by any of BILLING CODE 8011–01–P minimize the burden of the collection of the following methods: information on respondents, including through the use of automated collection Electronic Comments SECURITIES AND EXCHANGE techniques or other forms of information • Use the Commission’s internet COMMISSION technology. Consideration will be given comment form (http://www.sec.gov/ to comments and suggestions submitted rules/sro.shtml); or Proposed Collection; Comment in writing within 60 days of this • Send an email to rule-comments@ Request publication. sec.gov. Please include File No. SR– Upon Written Request Copies Available An agency may not conduct or IEX–2018–08 on the subject line. From: Securities and Exchange sponsor, and a person is not required to Paper Comments Commission, Office of FOIA Services, respond to, a collection of information • Send paper comments in triplicate 100 F Street NE, Washington, DC unless it displays a currently valid to Secretary, Securities and Exchange 20549–2736. control number. Commission, 100 F Street NE, Extension: Please direct your written comments Washington, DC 20549–1090. Form 1–SA, SEC File No. 270–661, OMB to Pamela Dyson, Director/Chief All submissions should refer to File No. Control No. 3235–0721. Information Officer, Securities and SR–IEX–2018–08. This file number Notice is hereby given that, pursuant Exchange Commission, c/o Remi Pavlik- should be included on the subject line to the Paperwork Reduction Act of 1995 Simon, 100 F Street NE, Washington, if email is used. To help the (44 U.S.C. 3501 et seq.), the Securities DC 20549; or send an email to: PRA_ Commission process and review your and Exchange Commission [email protected]. (‘‘Commission’’) is soliciting comments Dated: April 23, 2018. 50 See supra note 42. on the collection of information 51 Eduardo A. Aleman, For purposes only of waiving the 30-day summarized below. The Commission operative delay, the Commission has also Assistant Secretary. considered the proposed rule’s impact on plans to submit this existing collection [FR Doc. 2018–08818 Filed 4–25–18; 8:45 am] efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 52 17 CFR 200.30–3(a)(12). BILLING CODE 8011–01–P

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SECURITIES AND EXCHANGE the Commission that an exchange has in writing within 60 days of this COMMISSION suspended from trading a listed security publication. or reintroduced trading in a previously An agency may not conduct or Proposed Collection; Comment suspended security. They also provide sponsor, and a person is not required to Request the Commission with information respond to, a collection of information necessary for it to determine that the Upon Written Request, Copies Available under the PRA unless it displays a suspension has been accomplished in From: Securities and Exchange currently valid OMB control number. accordance with the rules of the Commission, Office of FOIA Services, Please direct your written comments exchange, and to verify that the 100 F Street NE, Washington, DC to: Pamela Dyson, Director/Chief exchange has not evaded the 20549–2736. Information Officer, Securities and requirements of Section 12(d) of the Act Exchange Commission, c/o Remi Pavlik- Extension: and Rule 12d2–2 thereunder by Simon, 100 F Street NE, Washington, Rule 12d2–1, SEC File No. 270–098, OMB improperly employing a trading DC 20549, or send an email to: PRA_ Control No. 3235–0081. suspension. Without Rule 12d2–1, the [email protected]. Notice is hereby given that pursuant Commission would be unable to fully Dated: April 23, 2018. to the Paperwork Reduction Act of 1995 implement these statutory (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the responsibilities. Eduardo A. Aleman, Securities and Exchange Commission There are 21 national securities Assistant Secretary. (‘‘Commission’’) is soliciting comments exchanges 4 that are subject to Rule [FR Doc. 2018–08828 Filed 4–25–18; 8:45 am] on the collection of information 12d2–1. The burden of complying with BILLING CODE 8011–01–P provided for in Rule 12d2–1 (17 CFR Rule 12d2–1 is not evenly distributed 240.12d2–1) under the Securities among the exchanges, however, since Exchange Act of 1934 (15 U.S.C. 78b et there are many more securities listed on SECURITIES AND EXCHANGE seq.) (‘‘Act’’). The Commission plans to the New York Stock Exchange, Inc., the COMMISSION submit this existing collection of NASDAQ Stock Market, and NYSE information to the Office of American LLC than on the other [Release No. 34–83081; File No. SR–BX– Management and Budget (‘‘OMB’’) for exchanges.5 There are approximately 2018–015] extension and approval. 964 responses 6 under Rule 12d2–1 for On February 12, 1935, the the purpose of suspension of trading Self-Regulatory Organizations; Nasdaq Commission adopted Rule 12d2–1 1 from the national securities exchanges BX, Inc.; Notice of Filing and (‘‘Suspension of Trading’’) to establish each year, and the resultant aggregate Immediate Effectiveness of Proposed the procedures by which a national annual reporting hour burden would be, Rule Change To Incorporate by securities exchange may suspend from assuming on average one-half reporting Reference The Nasdaq Stock Market trading a security that is listed and hour per response, 482 annual burden LLC’s Consolidated Audit Trail Rules registered on the exchange under hours for all exchanges. The related Into the Rules of Nasdaq BX 2 internal compliance costs associated Section 12(d) of the Act. Under Rule April 20, 2018. 12d2–1, an exchange is permitted to with these burden hours are $103,871 Pursuant to Section 19(b)(1) of the suspend from trading a listed security in per year. Securities Exchange Act of 1934 accordance with its rules, and must Written comments are invited on: (a) (‘‘Act’’),1 and Rule 19b–4 thereunder,2 promptly notify the Commission of any Whether the proposed collection of notice is hereby given that on April 10, such suspension, along with the information is necessary for the proper 2018, Nasdaq BX, Inc. (‘‘BX’’ or effective date and the reasons for the performance of the functions of the ‘‘Exchange’’) filed with the Securities suspension. Commission, including whether the and Exchange Commission Any such suspension may be information will have practical utility; (‘‘Commission’’) the proposed rule continued until such time as the (b) the accuracy of the agency’s estimate change as described in Items I and II Commission may determine that the of the burden of the collection of below, which Items have been prepared suspension is designed to evade the information; (c) ways to enhance the by the Exchange. The Commission is provisions of Section 12(d) of the Act quality, utility, and clarity of the publishing this notice to solicit and Rule 12d2–2 thereunder.3 During information collected; and (d) ways to comments on the proposed rule change the continuance of such suspension minimize the burden of the collection of from interested persons. under Rule 12d2–1, the exchange is information on respondents, including required to notify the Commission through the use of automated collection I. Self-Regulatory Organization’s promptly of any change in the reasons techniques or other forms of information Statement of the Terms of Substance of for the suspension. Upon the restoration technology. Consideration will be given the Proposed Rule Change to trading of any security suspended to comments and suggestions submitted The Exchange proposes to incorporate under Rule 12d2–1, the exchange must 4 by reference The Nasdaq Stock Market notify the Commission promptly of the The Exchanges are BOX Options Exchange LLC, Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., LLC’s (‘‘Nasdaq’’) rule at General 7, effective date of such restoration. Cboe C2 Exchange, Inc., Cboe EDGA Exchange, Inc., entitled ‘‘Consolidated Audit Trail The trading suspension notices serve Cboe EDGX Exchange, Inc., Cboe Exchange, Inc., Compliance’’ into BX’s General 7. a number of purposes. First, they inform Chicago Stock Exchange, Inc., Investors Exchange LLC, Miami International Securities Exchange, The text of the proposed rule change MIAX PEARL, LLC, Nasdaq BX, Inc., Nasdaq is available on the Exchange’s website at 1 See Securities Exchange Act Release No. 98 GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, (February 12, 1935). Nasdaq PHLX LLC, The Nasdaq Stock Market, New http://nasdaqbx.cchwallstreet.com/, at 2 See Securities Exchange Act Release No. 7011 York Stock Exchange LLC, NYSE Arca, Inc., NYSE the principal office of the Exchange, and (February 5, 1963), 28 FR 1506 (February 16, 1963). American LLC, NYSE National, Inc. at the Commission’s Public Reference 3 Rule 12d2–2 prescribes the circumstances under 5 In fact, some exchanges do not file any trading Room. which a security may be delisted from an exchange suspension reports in a given year. and withdrawn from registration under Section 6 The 964 figure was calculated by averaging the 12(b) of the Act, and provides the procedures for numbers for compliance in 2016 and 2017, which 1 15 U.S.C. 78s(b)(1). taking such action. are 1,002 and 925, respectively. 2 17 CFR 240.19b–4.

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II. Self-Regulatory Organization’s reference of Nasdaq General 7 into BX’s similar proposed rule changes for the Statement of the Purpose of, and General 7 Rule are regulatory in nature.5 Nasdaq PHLX LLC; Nasdaq GEMX, LLC; Statutory Basis for, the Proposed Rule The Exchange notes that as a condition Nasdaq ISE, LLC; and Nasdaq MRX, LLC Change of an exemption, which the Exchange markets so that the General 7 Rules will request and will need to be which govern Consolidated Audit Trail In its filing with the Commission, the 6 Exchange included statements approved by the Commission, BX Compliance are conformed. concerning the purpose of and basis for agrees to provide written notice to its Incorporating by reference the Nasdaq members whenever Nasdaq proposes a General 7 Rules into the BX General 7 the proposed rule change and discussed 7 any comments it received on the change to its General 7 Rule. Such Rules will provide an easy reference for proposed rule change. The text of these notice will alert BX members to the Members seeking to comply with statements may be examined at the proposed Nasdaq rule change and give Consolidated Audit Trail on multiple places specified in Item IV below. The them an opportunity to comment on the markets. As noted, the Exchange intends Exchange has prepared summaries, set proposal. BX will similarly inform its to file similar proposed rule changes for forth in sections A, B, and C below, of members in writing when the SEC other affiliated markets so that Nasdaq the most significant aspects of such approves any such proposed change. General 7 is the source document for all Nasdaq Consolidated Audit Trail rules. statements. Implementation The Exchange notes that the current rule A. Self-Regulatory Organization’s The Exchange proposes that this rule is not changing and BX members will be Statement of the Purpose of, and change become operative at such time as required to continue to comply with the Statutory Basis for, the Proposed Rule it receives approval for an exemption General 7 Rules as though such rules are Change from the Securities and Exchange fully set forth in BX’s Rulebook. The Commission, pursuant to its authority 1. Purpose Exchange desires to conform its rules under Section 36 of the Exchange Act of and locate those rules within the same The Exchange proposes to incorporate 1934 (‘‘Act’’) and Rule 0–12 8 location in each Rulebook to provide by reference Nasdaq’s rule at General 7, thereunder, from the Section 19(b) rule Members the ability to quickly locate entitled ‘‘Consolidated Audit Trail filing requirements to separately file a rules. Compliance’’ into BX’s General 7. The proposed rule change to amend BX rule sets are identical.3 BX proposes to General 7. B. Self-Regulatory Organization’s remove the current rule text from Statement on Burden on Competition 2. Statutory Basis General 7 and replace that rule text with The Exchange does not believe that the following text: 4 The Exchange believes that its the proposed rule change will impose proposal is consistent with Section 6(b) any burden on competition not The rules contained in The Nasdaq Stock 9 Market LLC General 7, as such rules may be of the Act, in general, and furthers the necessary or appropriate in furtherance 10 in effect from time to time (the ‘‘General 7 objectives of Section 6(b)(5) of the Act, of the purposes of the Act. The Rules’’), are hereby incorporated by reference in particular, in that it is designed to Exchange believes that this rule change into this Nasdaq BX General 7, and are thus promote just and equitable principles of does not impose an undue burden on Nasdaq BX Rules and thereby applicable to trade, to remove impediments to and competition because BX is merely Nasdaq BX Members. Nasdaq BX Members perfect the mechanism of a free and incorporating by reference the rules of shall comply with the General 7 Rules as open market and a national market though such rules were fully set forth herein. Nasdaq’s General 7 into its own system, and, in general to protect Rulebook. The current General 7 is not All defined terms, including any variations investors and the public interest, by thereof, contained in the General 7 Rules being amended and therefore no shall be read to refer to the Nasdaq BX consolidating its rules into a single rule Member is impacted. related meaning of such term. Solely by way set. The Exchange intends to also file of example, and not in limitation or in C. Self-Regulatory Organization’s exhaustion: The defined term ‘‘Exchange’’ in 5 The General 7 Rules are categories of rules that Statement on Comments on the the General 7 Rules shall be read to refer to are not trading rules. See 17 CFR 200.30–3(a)(76) Proposed Rule Change Received From the Nasdaq BX Exchange; the defined term (contemplating such requests). In addition, several Members, Participants, or Others ‘‘Rule’’ in the General 7 Rules shall be read other SROs incorporate by reference certain regulatory rules of another SRO and have received No written comments were either to refer to the Nasdaq BX Rule. from the Commission similar exemptions from solicited or received. Should any rules which impact Section 19(b) of the Exchange Act. See e.g., trading behavior be added to the Securities Exchange Act Release Nos. 57478 (March III. Date of Effectiveness of the 12, 2008), 73 FR 14521 (March 18, 2008), 53128 Proposed Rule Change and Timing for Consolidated Audit Trail Compliance (January 13, 2006), 71 FR 3550 (January 23, 2006); Rules in Nasdaq General 7 in the future, 49260 (February 17, 2004), 69 FR 8500 (February Commission Action those rules shall not become subject to 24, 2004). Because the foregoing proposed rule the incorporation by reference and shall 6 The Exchange will request an exemption pursuant to its authority under Section 36 of the change does not: (i) Significantly affect be placed elsewhere within BX’s Exchange Act of 1934 (‘‘Act’’) and Rule 0–126 the protection of investors or the public Rulebook. The incorporations by thereunder, from the Section 19(b) rule filing interest; (ii) impose any significant requirements to separately file a proposed rule burden on competition; and (iii) become 3 See Securities Exchange Act Release Nos. 82601 change to amend BX General 7. operative for 30 days from the date on 7 BX will provide such notice via a posting on the (January 30, 2018), 83 FR 4949 (February 2, 2018) which it was filed, or such shorter time (SR–Phlx–2018–11); 82604 (January 30, 2018), 83 same website location where BX posts its own rule FR 5154 (February 5, 2018) (SR–NASDAQ–2018– filings pursuant to Rule 19b–4 within the timeframe as the Commission may designate, it has 007); 82597 (January 30, 2018), 83 FR 4942 require by such Rule. The website posting will become effective pursuant to Section (February 2, 2018) (SR–BX–2018–007); 82599 include a link to the location on the Nasdaq website 19(b)(3)(A)(iii) of the Act 11 and (January 30, 2017), 83 FR 4947 (February 2, 2018) where the applicable proposed rule change is posted. subparagraph (f)(6) of Rule 19b–4 (SR–ISE–2018–09); 82598 (January 30, 2018), 83 FR 12 4936 (February 2, 2018) (SR–GEMX–2018–02); and 8 See 17 CFR 240.0–12; Exchange Act Release No. thereunder. 82600 (January 30, 2018), 83 FR 4934 (February 2, 39624 (February 5, 1998), 63 FR 8101 (February 18, 2018) (SR–MRX–2018–03). 1998). 11 15 U.S.C. 78s(b)(3)(A)(iii). 4 BX shall include a hyperlink to Nasdaq’s 9 15 U.S.C. 78f(b). 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– General 7 for ease of reference. 10 15 U.S.C. 78f(b)(5). 4(f)(6)(iii) requires the Exchange to give the

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At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the procedures that the Agencies believe are filing of the proposed rule change, the filing also will be available for particularly effective in assisting Commission summarily may inspection and copying at the principal financial institutions to identify and temporarily suspend such rule change if office of the Exchange. All comments address the reputational, legal, and it appears to the Commission that such received will be posted without change. other risks associated with elevated risk action is: (i) Necessary or appropriate in Persons submitting comments are complex structured finance the public interest; (ii) for the protection cautioned that we do not redact or edit transactions. of investors; or (iii) otherwise in personal identifying information from The primary purpose of the Statement furtherance of the purposes of the Act. comment submissions. You should is to ensure that these transactions If the Commission takes such action, the submit only information that you wish receive enhanced scrutiny by the Commission shall institute proceedings to make available publicly. All institution and to ensure that the to determine whether the proposed rule submissions should refer to File institution does not participate in illegal should be approved or disapproved. Number SR–BX–2018–015 and should or inappropriate transactions. be submitted on or before May 17, 2018. The Commission estimates that IV. Solicitation of Comments approximately 5 registered broker- For the Commission, by the Division of Interested persons are invited to Trading and Markets, pursuant to delegated dealers or investment advisers will submit written data, views, and authority.13 spend an average of approximately 25 arguments concerning the foregoing, Eduardo A. Aleman, hours per year complying with the including whether the proposed rule Assistant Secretary. Statement. Thus, the total compliance burden is estimated to be approximately change is consistent with the Act. [FR Doc. 2018–08730 Filed 4–25–18; 8:45 am] Comments may be submitted by any of 125 burden-hours per year. BILLING CODE 8011–01–P the following methods: Written comments are invited on: (a) Whether the proposed collection of Electronic Comments information is necessary for the proper • SECURITIES AND EXCHANGE Use the Commission’s internet COMMISSION performance of the functions of the comment form (http://www.sec.gov/ Commission, including whether the rules/sro.shtml); or Proposed Collection; Comment information shall have practical utility; • Send an email to rule-comments@ Request (b) the accuracy of the Commission’s sec.gov. Please include File Number SR– estimates of the burden of the proposed BX–2018–015 on the subject line. Upon Written Request, Copies Available collection of information; (c) ways to From: Securities and Exchange Paper Comments enhance the quality, utility, and clarity Commission, Office of FOIA Services, of the information collected; and (d) • Send paper comments in triplicate 100 F Street NE, Washington, DC ways to minimize the burden of the to Secretary, Securities and Exchange 20549–2736 collection of information on Commission, 100 F Street NE, Extension: respondents, including through the use Washington, DC 20549–1090. Interagency Statement on Sound Practices, of automated collection techniques or All submissions should refer to File SEC File No. 270–560, OMB Control No. other forms of information technology. Number SR–BX–2018–015. This file 3235–0622. Consideration will be given to number should be included on the Notice is hereby given that pursuant comments and suggestions submitted in subject line if email is used. To help the to the Paperwork Reduction Act of 1995 writing within 60 days of this Commission process and review your (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the publication. comments more efficiently, please use Securities and Exchange Commission An agency may not conduct or only one method. The Commission will (‘‘Commission’’) is soliciting comments sponsor, and a person is not required to post all comments on the Commission’s on the existing collection of information respond to, a collection of information internet website (http://www.sec.gov/ provided for in the proposed under the PRA unless it displays a rules/sro.shtml). Copies of the Interagency Statement on Sound currently valid OMB control number. submission, all subsequent Practices Concerning Elevated Risk Please direct your written comments amendments, all written statements Complex Structured Finance Activities to: Pamela Dyson, Director/Chief with respect to the proposed rule (‘‘Statement’’) under the Securities Information Officer, Securities and change that are filed with the Exchange Act of 1934 (15 U.S.C. 78a et Exchange Commission, c/o Remi Pavlik- Commission, and all written seq.) (‘‘Exchange Act’’) and the Simon, 100 F Street NE, Washington, communications relating to the Investment Advisers Act of 1940 (15 DC 20549, or send an email to: PRA_ proposed rule change between the U.S.C. 80b et seq.) (‘‘Advisers Act’’). The [email protected]. Commission and any person, other than Commission plans to submit this Dated: April 23, 2018. existing collection of information to the those that may be withheld from the Eduardo A. Aleman, public in accordance with the Office of Management and Budget Assistant Secretary. provisions of 5 U.S.C. 552, will be (‘‘OMB’’) for extension and approval. available for website viewing and The Statement was issued by the [FR Doc. 2018–08816 Filed 4–25–18; 8:45 am] printing in the Commission’s Public Commission, together with the Office of BILLING CODE 8011–01–P Reference Room, 100 F Street NE, the Comptroller of the Currency, the Board of Governors of the Federal Washington, DC 20549, on official SECURITIES AND EXCHANGE business days between the hours of Reserve System, the Federal Deposit Insurance Corporation, and the Office of COMMISSION Commission written notice of the Exchange’s intent Thrift Supervision (together, the Proposed Collection; Comment to file the proposed rule change, along with a brief ‘‘Agencies’’), in May 2006. The Request description and text of the proposed rule change, Statement describes the types of internal at least five business days prior to the date of filing of the proposed rule change, or such shorter time controls and risk management Upon Written Request Copies as designated by the Commission. The Exchange Available From: Securities and has satisfied this requirement. 13 17 CFR 200.30–3(a)(12). Exchange Commission, Office of FOIA

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Services, 100 F Street NE, Washington, respond to, a collection of information II. Self-Regulatory Organization’s DC 20549–2736. unless it displays a currently valid Statement of the Purpose of, and Extension: control number. Statutory Basis for, the Proposed Rule Form 1–K, SEC File No. 270–662, OMB Please direct your written comments Change Control No. 3235–0720. to Pamela Dyson, Director/Chief In its filing with the Commission, the Notice is hereby given that, pursuant Information Officer, Securities and self-regulatory organization included to the Paperwork Reduction Act of 1995 Exchange Commission, c/o Remi Pavlik- statements concerning the purpose of, (44 U.S.C. 3501 et seq.), the Securities Simon, 100 F Street NE, Washington, and basis for, the proposed rule change and Exchange Commission DC 20549; or send an email to: PRA_ and discussed any comments it received (‘‘Commission’’) is soliciting comments [email protected]. on the proposed rule change. The text of those statements may be examined at on the collection of information Dated: April 23, 2018. summarized below. The Commission the places specified in Item IV below. plans to submit this existing collection Eduardo A. Aleman, The Exchange has prepared summaries, of information to the Office of Assistant Secretary. set forth in sections A, B, and C below, Management and Budget for extension [FR Doc. 2018–08817 Filed 4–25–18; 8:45 am] of the most significant parts of such and approval. BILLING CODE 8011–01–P statements. Form 1–K (17 CFR 239.91) is used to A. Self-Regulatory Organization’s file annual reports by Tier 2 issuers Statement of the Purpose of, and under Regulation A, an exemption from SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule registration under the Securities Act of COMMISSION Change 1933 (15 U.S.C. 77a et seq.). Tier 2 1. Purpose issuers under Regulation A conducting [Release No. 34–83074; File No. SR– offerings of up to $50 million within a NYSEArca–2018–24] The purpose of this filing is to modify 12-month period are required to file the Fee Schedule to adopt a prepayment Form 1–K. Form 1–K provides audited Self-Regulatory Organizations; NYSE incentive program for Floor Broker year-end financial statements and Arca, Inc.; Notice of Filing and organizations (each a ‘‘Floor Broker’’). information about the issuer’s business Immediate Effectiveness of Proposed Currently, Floor Brokers that operate operation, ownership, management, Rule Change To Amend the NYSE Arca on the Exchange incur certain monthly liquidity, capital resources and Options Fee Schedule fixed costs that rarely change from operations on an annual basis. In month-to-month (and, in some cases, addition, Part I of the Form 1–K collects April 20, 2018. year-to-year). Floor Brokers receive an information on any offerings under Pursuant to Section 19(b)(1) 1 of the invoice from the Exchange each month Regulation A that have been terminated Securities Exchange Act of 1934 (the for the fixed cost incurred the prior or completed unless it has been ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 month. The Exchange proposes to offer previous reported on Form 1–Z. The notice is hereby given that, on April 12, Floor Brokers a 10% discount on their purpose of the Form 1–K is to better 2018, NYSE Arca, Inc. (the ‘‘Exchange’’ ‘‘Eligible Fixed Costs’’ (described in the inform the public about companies that or ‘‘NYSE Arca’’) filed with the table below) if Floor Brokers prepay have conducted Tier 2 offerings under Securities and Exchange Commission such costs for the remaining nine Regulation A. We estimate that (the ‘‘Commission’’) the proposed rule months of 2018 —i.e., April through approximately 24 issuers file Form 1–K change as described in Items I, II, and December (the ‘‘FB Prepay Program’’ or 5 annually. We estimate that Form 1–K III below, which Items have been ‘‘Program’’). takes approximately 600 hours to prepared by the self-regulatory prepare. We estimate that 75% of the organization. The Commission is Eligible Fixed Costs 600 hours per response (450 hours) is OTP trading participant rights. publishing this notice to solicit Floor Broker order capture device—market prepared by the company for a total comments on the proposed rule change annual burden of 10,800 hours (450.0 data fees. × from interested persons. Floor booths. hours per response 24 responses). Telephones. Written comments are invited on: (a) I. Self-Regulatory Organization’s Options floor access fee. Whether the proposed collection of Statement of the Terms of the Substance Wire services. information is necessary for the proper of the Proposed Rule Change Vendor equipment room/cabinet fee. performance of the functions of the agency, including whether the The Exchange proposes to amend the A Floor Broker that commits to the information will have practical utility; NYSE Arca Options Fee Schedule (‘‘Fee proposed Program would be invoiced in (b) the accuracy of the agency’s estimate Schedule’’). The Exchange proposes to April 2018 for its estimated Eligible of the burden imposed by the collection implement the fee change effective 4 of information; (c) ways to enhance the April 12, 2018. The proposed rule 5 To participate in the FB Prepay Program, Floor quality, utility, and clarity of the change is available on the Exchange’s Broker organizations would have to notify the website at www.nyse.com, at the Exchange in writing by emailing optionsbilling@ information collected; and (d) ways to nyse.com, indicating a commitment to submit minimize the burden of the collection of principal office of the Exchange, and at prepayment, by no later than April 13, 2018. The information on respondents, including the Commission’s Public Reference email to enroll in the Program would have to through the use of automated collection Room. originate from an officer of the Floor Broker organization and, except as provided for below, techniques or other forms of information represents a binding commitment through the end 1 technology. Consideration will be given 15 U.S.C. 78s(b)(1). of 2018. To participate in the Program, pre-payment to comments and suggestions submitted 2 15 U.S.C. 78a. for the balance of the year must be received by the in writing within 60 days of this 3 17 CFR 240.19b–4. close of business on April 30, 2018. See proposed 4 The Exchange originally filed to amend the Fee Fee Schedule, NYSE Arca OPTIONS: FLOOR and publication. Schedule on April 2, 2018 (SR–NYSEArca–2018– EQUIPMENT and CO–LOCATION FEES, FLOOR An agency may not conduct or 21) and withdrew and re-filed on April 3, 2018 (SR– BROKER FIXED COST PREPAYMENT INCENTIVE sponsor, and a person is not required to NYSEArca–2018–22). PROGRAM.

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Fixed Costs, through the end of 2018, two benchmarks.6 Specifically, to contract sides in manual billable ADV less 10%. The estimated Eligible Fixed qualify for the Incentive, a participating increased by the specified percentages. Costs for April through December 2018 Floor Broker must increase its manual Such a Floor Broker would qualify for for each participating Floor Broker billable ADV in contract sides during each Tier, respectively, by executing would be based on that Floor Broker’s the final nine months of 2018 (i.e., April billable manual ADV in contract sides of February 2018 invoice for such costs. through December) by percentages (set 13,000 (Tier 1), 16,500 (Tier 2), and For example, if a participating Floor forth below) above the greater of: 20,000 (Tier 3) during April through Broker incurred $6,000 in Eligible Fixed i. 10,000 Contract sides in billable December 2018. Costs in February 2018, that Floor manual ADV; or Similarly, a Floor Broker that Broker would be invoiced in April 2018 ii. The Floor Broker’s total billable executed 50,000 billable manual ADV in in the amount of $48,600 to prepay such manual ADV in contract sides during the second half of 2017, would qualify costs for the balance of the year (i.e., the second half of 2017—i.e., July for each Tier, respectively, by executing $54,000 (to pre-pay Eligible Fixed Costs through December 2017. ADV in contracts sides of 65,000 (Tier As proposed, a participating Floor for April through December) minus 1), 82,500 (Tier 2), and 100,000 (Tier 3) Broker would qualify for the proposed $5,400 (10% discount) equals $48,600). during April through December 2018. Incentive by executing, in the final nine The Exchange also proposes to offer months of 2018, ADV growth in manual The total rebate available for participants in the FB Prepay Program billable contract sides that is 30%, 65%, achieving each Tier is the same the opportunity to qualify for larger or 100% over the greater of (i) 10,000 regardless of whether the Floor Broker discounts (i.e., more than 10% of the contract sides ADV; or (ii) their ADV relied on its second half of 2017 volume remaining of 2018 Eligible Fixed Costs) during the second half of 2017 (i.e., June or the minimum 10,000 ADV contract through the Percentage Growth through December). For example, a sides as the benchmark. As proposed, Incentive (the ‘‘Incentive’’), which is Floor Broker that is new to the Exchange Floor Brokers that earn the Percentage designed to encourage Floor Brokers to (or one that did not execute at least Growth Incentive would receive their increase their average daily volume 10,000 contract sides in billable manual 2018 rebate in January 2019.7 (‘‘ADV’’) in billable manual contract ADV in the second half of 2017) would The Exchange proposes to specify the sides by certain percentages (correlated have the ability to qualify for the proposed Incentive on the Fee Schedule with Tiers) as measured against one of Incentive by executing at least 10,000 with the following table:

FB PREPAYMENT PROGRAM INCENTIVES [based on ADV in contract sides between April 1—December 31, 2018]

Total percentage reduction of eligi- Tier Percentage ble fixed costs for growth incentive April–December 2018

Tier 1 ...... 30 40 Tier 2 ...... 65 75 Tier 3 ...... 100 8 100

The Exchange is not proposing any The proposal to introduce the FB volume in order to realize the proposed other changes to the Fee Schedule at Prepayment Program is reasonable, Incentive (on a similar playing field this time. equitable and not unfairly with Floor Brokers that exceeded this discriminatory for the following volume requirement in 2017). For Floor 2. Statutory Basis reasons. First, the Program is optional Brokers that exceeded the 10,000 ADV The Exchange believes that the and Floor Brokers can elect to in the second half of 2017, the Exchange proposed rule change is consistent with participate (or elect not to participate). believes it is reasonable to use each Section 6(b) of the Act,9 in general, and In addition, the Exchange is offering two Floor Broker’s historical volume as a benchmark against which to measure furthers the objectives of Sections alternative means to achieve the same future growth to achieve the proposed 6(b)(4) and (5) of the Act,10 in particular, enhanced discount to ensure that Floor Incentive. because it provides for the equitable Brokers that are new to the Exchange (or allocation of reasonable dues, fees, and Floor Brokers that did not execute more Moreover, the Exchange notes that other charges among its members, than 10,000 ADV in contract sides) prepayment programs such as the FB issuers and other persons using its could nonetheless participate in the Prepay Program are not new or novel as facilities and does not unfairly Program. The Exchange believes that other options exchanges provide 10,000 ADV is a reasonable minimum discriminate between customers, incentives to other specific market threshold above which a participating participants for prepayment of certain issuers, brokers or dealers. Floor Broker would need to increase Exchange fees/costs—including the

6 The Percentage Growth Incentive would exclude volume are already capped and therefore such April through December) by 100% over the Floor Customer volume, Firm Facilitation and Broker volume does not increase billable manual volume. Broker’s volume from the second half of 2017, or Dealer facilitating a Customer trades, and QCCs. See id. the 10,0000 ADV in contract sides) would be Any volume calculated to achieve the Firm and 7 The Exchange would not issue any refunds in rebated the greater of 100% of their pre-paid Broker Dealer Monthly Fee Cap and the Limit of the event that a Floor Broker’s prepaid Eligible Eligible Fixed Costs, or $10,000/month for April Fees on Options Strategy Executions (‘‘Strategy Fixed Costs exceeds such actual costs for the nine through December 2018. See id. Cap’’), regardless of whether either of these caps is month period. See id. 9 achieved, will likewise be excluded from the 8 Participants in the FB Prepay Program that 15 U.S.C. 78f(b). Percentage Growth Incentive because fees on such qualify for Tier 3 (i.e., increased 2018 volume (from 10 15 U.S.C. 78f(b)(4) and (5).

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prepayment programs offered to market participants and improve competition Electronic Comments makers on NYSE American and the on the Exchange. • Chicago Board of Options Exchange Given the robust competition for Use the Commission’s internet (Cboe).11 Although these market maker volume among options markets, many of comment form (http://www.sec.gov/ prepay programs apply to transaction which offer the same products, rules/sro.shtml); or costs as opposed to fixed costs, the implementing programs to attract order • Send an email to rule-comments@ Exchange believes the proposed flow, such as the proposed FB sec.gov. Please include File Number SR– program would similarly incent Floor Prepayment Program, are consistent NYSEArca–2018–24 on the subject line. Brokers to increase their billable volume with the above-mentioned goals of the executed in open outcry on the Act. Paper Comments Exchange, which would benefit all The Exchange notes that it operates in • Send paper comments in triplicate market participants by expanding a highly competitive market in which to Brent J. Fields, Secretary, Securities liquidity and providing more trading market participants can readily favor opportunities, even to those market competing venues. In such an and Exchange Commission, 100 F Street participants that have not committed to environment, the Exchange must NE, Washington, DC 20549–1090. the Program. Regardless of which continually review, and consider All submissions should refer to File benchmark a participating Floor adjusting, its fees and credits to remain Number SR–NYSEArca2018–24. This Broker’s growth is measured against, all competitive with other exchanges. For file number should be included on the Floor Broker’s [sic] that opt to the reasons described above, the subject line if email is used. To help the participate would be required to Exchange believes that the proposed Commission process and review your increase volume executed on the rule change reflects this competitive comments more efficiently, please use environment. Exchange in order to receive the only one method. The Commission will enhanced discount. Thus, the Exchange C. Self-Regulatory Organization’s post all comments on the Commission’s believes the proposed Program, is Statement on Comments on the internet website (http://www.sec.gov/ reasonable, equitable and not unfairly Proposed Rule Change Received From rules/sro.shtml). Copies of the discriminatory to others. Members, Participants, or Others submission, all subsequent B. Self-Regulatory Organization’s No written comments were solicited amendments, all written statements Statement on Burden on Competition or received with respect to the proposed with respect to the proposed rule rule change. change that are filed with the In accordance with Section 6(b)(8) of Commission, and all written III. Date of Effectiveness of the the Act, the Exchange does not believe communications relating to the that the proposed rule change would Proposed Rule Change and Timing for proposed rule change between the impose any burden on competition that Commission Action Commission and any person, other than is not necessary or appropriate in The foregoing rule change is effective furtherance of the purposes of the Act. those that may be withheld from the upon filing pursuant to Section public in accordance with the The Exchange believes that the 12 19(b)(3)(A) of the Act and provisions of 5 U.S.C. 552, will be proposed FB Prepayment Program may 13 subparagraph (f)(2) of Rule 19b–4 available for website viewing and increase both inter-market and intra- thereunder, because it establishes a due, market competition by incenting printing in the Commission’s Public fee, or other charge imposed by the Reference Room, 100 F Street NE, participants to direct their orders to the Exchange. Washington, DC 20549 on official Exchange, which would enhance the At any time within 60 days of the quality of quoting and may increase the filing of such proposed rule change, the business days between the hours of volume of contracts traded on the Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of such Exchange. To the extent that there is an temporarily suspend such rule change if filing also will be available for additional competitive burden on non- it appears to the Commission that such inspection and copying at the principal Exchange participants, the Exchange action is necessary or appropriate in the office of the Exchange. All comments believes that this is appropriate because public interest, for the protection of received will be posted without change. the proposal should incent market investors, or otherwise in furtherance of Persons submitting comments are participants to direct additional order the purposes of the Act. If the cautioned that we do not redact or edit flow to the Exchange, and thus provide Commission takes such action, the personal identifying information from additional liquidity that enhances the Commission shall institute proceedings comment submissions. You should quality of its markets and increases the under Section 19(b)(2)(B) 14 of the Act to submit only information that you wish volume of contracts traded here. To the determine whether the proposed rule to make available publicly. All extent that this purpose is achieved, all change should be approved or submissions should refer to File of the Exchange’s market participants disapproved. Number SR–NYSEArca–2018–24, and should benefit from the improved should be submitted on or before May market liquidity. Enhanced market IV. Solicitation of Comments 17, 2018. quality and increased transaction Interested persons are invited to volume that results from the anticipated submit written data, views, and For the Commission, by the Division of increase in order flow directed to the arguments concerning the foregoing, Trading and Markets, pursuant to delegated 15 Exchange would benefit all market including whether the proposed rule authority. change is consistent with the Act. Eduardo A. Aleman, 11 See NYSE American Fee Schedule, Section I.D. Comments may be submitted by any of Assistant Secretary. (Prepayment Program), available here, https://www. the following methods: [FR Doc. 2018–08725 Filed 4–25–18; 8:45 am] nyse.com/publicdocs/nyse/markets/american- options/NYSE_American_Options_Fee_ BILLING CODE 8011–01–P Schedule.pdf; Cboe fee schedule, Liquidity Provider 12 15 U.S.C. 78s(b)(3)(A). Sliding Scale, available here, http://www.cboe.com/ 13 17 CFR 240.19b–4(f)(2). publish/feeschedule/CBOEFeeSchedule.pdf. 14 15 U.S.C. 78s(b)(2)(B). 15 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s For example, if a participating Floor COMMISSION Statement of the Purpose of, and Broker incurred $6,000 in Eligible Fixed Statutory Basis for, the Proposed Rule Costs in February 2018, that Floor [Release No. 34–83073; File No. SR– Change Broker would be invoiced in April 2018 in the amount of $48,600 to prepay such NYSEAMER–2018–15] 1. Purpose costs for the balance of the year (i.e., Self-Regulatory Organizations; NYSE The purpose of this filing is to modify $54,000 (to pre-pay Eligible Fixed Costs the Fee Schedule to adopt a prepayment American LLC; Notice of Filing and for April through December) minus incentive program for Floor Broker Immediate Effectiveness of Proposed $5,400 (10% discount) equals $48,600). organizations (each a ‘‘Floor Broker’’). Rule Change To Amend the NYSE The Exchange also proposes to offer Currently, Floor Brokers that operate participants in the FB Prepay Program American Options Fee Schedule on the Exchange incur certain monthly the opportunity to qualify for larger April 20, 2018. fixed costs that rarely change from discounts (i.e., more than 10% of the month-to-month (and, in some cases, remaining of 2018 Eligible Fixed Costs) 1 Pursuant to Section 19(b)(1) of the year-to-year). Floor Brokers receive an through the Percentage Growth Securities Exchange Act of 1934 (the invoice from the Exchange each month Incentive (the ‘‘Incentive’’), which is ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 for the fixed cost incurred the prior designed to encourage Floor Brokers to notice is hereby given that, on April 12, month. The Exchange proposes to offer increase their average daily volume 2018, NYSE American LLC (the Floor Brokers a 10% discount on their (‘‘ADV’’) in billable manual contract ‘‘Exchange’’ or ‘‘NYSE American’’) filed ‘‘Eligible Fixed Costs’’ (described in the sides by certain percentages (correlated with the Securities and Exchange table below) if Floor Brokers prepay with Tiers) as measured against one of Commission (the ‘‘Commission’’) the such costs for the remaining nine two benchmarks.6 Specifically, to proposed rule change as described in months of 2018—i.e., April through qualify for the Incentive, a participating Items I, II, and III below, which Items December (the ‘‘FB Prepay Program’’ or Floor Broker must increase its manual have been prepared by the self- ‘‘Program’’).5 billable ADV in contract sides during regulatory organization. The the final nine months of 2018 (i.e., April Commission is publishing this notice to Eligible Fixed Costs through December) by percentages (set solicit comments on the proposed rule forth below) above the greater of: Section III.A. Monthly ATP i. 10,000 contract sides in billable change from interested persons. Fees. Section III.B. Floor Access manual ADV; or I. Self-Regulatory Organization’s Fee. ii. The Floor Broker’s total billable Statement of the Terms of the Substance Section IV. Monthly Floor manual ADV in contract sides during of the Proposed Rule Change Communication, the second half of 2017—i.e., July Connectivity, Equipment through December 2017. The Exchange proposes to amend the and Booth or Podia Fees As proposed, a participating Floor NYSE American Options Fee Schedule as listed below: Broker would qualify for the proposed (‘‘Fee Schedule’’). The Exchange Login. Incentive by executing, in the final nine proposes to implement the fee change Transport Charges. months of 2018, ADV growth in manual effective April 12, 2018.4 The proposed Booth Premises. billable contract sides that is 30%, 65%, Telephone Service. change is available on the Exchange’s Cellular Phones. or 100% over the greater of (i) 10,000 website at www.nyse.com, at the Booth Telephone Sys- contract sides ADV; or (ii) their ADV principal office of the Exchange, and at tem—Line Charge. during the second half of 2017 (i.e., June the Commission’s Public Reference Booth Telephone Sys- through December). For example, a Room. tem—Single line phone Floor Broker that is new to the Exchange jack and data jack. (or one that did not execute at least II. Self-Regulatory Organization’s Wire Services. 10,000 contract sides in billable manual Statement of the Purpose of, and ADV in the second half of 2017) would Statutory Basis for, the Proposed Rule A Floor Broker that commits to the have the ability to qualify for the Change proposed Program would be invoiced in Incentive by executing at least 10,000 April 2018 for its estimated Eligible contract sides in manual billable ADV In its filing with the Commission, the Fixed Costs, through the end of 2018, increased by the specified percentages. self-regulatory organization included less 10%. The estimated Eligible Fixed Such a Floor Broker would qualify for statements concerning the purpose of, Costs for April through December 2018 each Tier, respectively, by executing and basis for, the proposed rule change for each participating Floor Broker billable manual ADV in contract sides of and discussed any comments it received would be based on that Floor Broker’s 13,000 (Tier 1), 16,500 (Tier 2), and on the proposed rule change. The text February 2018 invoice for such costs. 20,000 (Tier 3) during April through of those statements may be examined at December 2018. the places specified in Item IV below. 5 To participate in the FB Prepay Program, Floor Similarly, a Floor Broker that The Exchange has prepared summaries, Broker organizations would have to notify the executed 50,000 billable manual ADV in set forth in sections A, B, and C below, Exchange in writing by emailing optionsbilling@ nyse.com, indicating a commitment to submit the second half of 2017, would qualify of the most significant parts of such prepayment, by no later than April 13, 2018. The statements. email to enroll in the Program would have to 6 The Percentage Growth Incentive would exclude originate from an officer of the Floor Broker Customer volume, Firm Facilitation trades, and organization and, except as provided for below, QCCs. Any volume calculated to achieve the Firm 1 15 U.S.C. 78s(b)(1). represents a binding commitment through the end Monthly Fee Cap and the Strategy Execution Fee 2 15 U.S.C. 78a. of 2018. To participate in the Program, pre-payment Cap, regardless of whether either of these caps is 3 17 CFR 240.19b–4. for the balance of the year must be received by the achieved, will likewise be excluded from the 4 The Exchange originally filed to amend the Fee close of business on April 30, 2018. See proposed Percentage Growth Incentive because fees on such Schedule on April 2, 2018 (SR–NYSEAmer–2018– Fee Schedule, Section III.E., Floor Broker Fixed volume are already capped and therefore such 12) and withdrew and re-filed on April 3, 2018 (SR– Cost Prepayment Incentive Program (the ‘‘FB volume does not increase billable manual volume. NYSEAmer–2018–13). Prepay Program’’). See id.

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for each Tier, respectively, by executing regardless of whether the Floor Broker Growth Incentive would receive their ADV in contracts sides of 65,000 (Tier relied on its second half of 2017 volume 2018 rebate in January 2019.7 1), 82,500 (Tier 2), and 100,000 (Tier 3) or the minimum 10,000 ADV contract The Exchange proposes to specify the during April through December 2018. sides as the benchmark. As proposed, proposed Incentive on the Fee Schedule The total rebate available for Floor Brokers that earn the Percentage with the following table: achieving each Tier is the same

FB PREPAYMENT PROGRAM INCENTIVES [Based on ADV in contract sides between April 1–December 31, 2018]

Total percentage Percentage growth reduction of eligible Tier incentive fixed costs for April (percent) through December 2018 (percent)

Tier 1 ...... 30 40 Tier 2 ...... 65 75 Tier 3 ...... 100 8 100

The Exchange is not proposing any benchmark against which to measure furtherance of the purposes of the Act. other changes to the Fee Schedule at future growth to achieve the proposed The Exchange believes that the this time. Incentive. proposed FB Prepayment Program may Moreover, the Exchange notes that increase both inter-market and intra- 2. Statutory Basis prepayment programs such as the FB market competition by incenting The Exchange believes that the Prepay Program are not new or novel as participants to direct their orders to the proposed rule change is consistent with other options exchanges provide Exchange, which would enhance the Section 6(b) of the Act,9 in general, and incentives to other specific market quality of quoting and may increase the furthers the objectives of Sections participants for prepayment of certain volume of contracts traded on the 6(b)(4) and (5) of the Act,10 in particular, Exchange fees/costs—including the Exchange. To the extent that there is an because it provides for the equitable prepayment program offered to market additional competitive burden on non- allocation of reasonable dues, fees, and makers on the Chicago Board of Options Exchange participants, the Exchange other charges among its members, Exchange (Cboe).11 Although the Cboe believes that this is appropriate because issuers and other persons using its market maker prepay program applies to the proposal should incent market facilities and does not unfairly transaction costs as opposed to fixed participants to direct additional order discriminate between customers, costs, the Exchange believes the flow to the Exchange, and thus provide issuers, brokers or dealers. proposed program would similarly additional liquidity that enhances the The proposal to introduce the FB incent Floor Brokers to increase their quality of its markets and increases the Prepayment Program is reasonable, billable volume executed in open outcry volume of contracts traded here. To the equitable and not unfairly on the Exchange, which would benefit extent that this purpose is achieved, all discriminatory for the following all market participants by expanding of the Exchange’s market participants reasons. First, the Program is optional liquidity and providing more trading should benefit from the improved and Floor Brokers can elect to opportunities, even to those market market liquidity. Enhanced market participate (or elect not to participate). participants that have not committed to quality and increased transaction In addition, the Exchange is offering two the Program. Regardless of which volume that results from the anticipated alternative means to achieve the same benchmark a participating Floor increase in order flow directed to the enhanced discount to ensure that Floor Broker’s growth is measured against, all Exchange would benefit all market Brokers that are new to the Exchange (or Floor Broker’s [sic] that opt to participants and improve competition Floor Brokers that did not execute more participate would be required to on the Exchange. than 10,000 ADV in contract sides) increase volume executed on the Given the robust competition for could nonetheless participate in the Exchange in order to receive the volume among options markets, many of Program. The Exchange believes that enhanced discount. Thus, the Exchange which offer the same products, 10,000 ADV is a reasonable minimum believes the proposed Program, is implementing programs to attract order threshold above which a participating reasonable, equitable and not unfairly flow, such as the proposed FB Floor Broker would need to increase discriminatory to others. Prepayment Program, are consistent volume in order to realize the proposed with the above-mentioned goals of the Incentive (on a similar playing field B. Self-Regulatory Organization’s Act. with Floor Brokers that exceeded this Statement on Burden on Competition The Exchange notes that it operates in volume requirement in 2017). For Floor In accordance with Section 6(b)(8) of a highly competitive market in which Brokers that exceeded the 10,000 ADV the Act, the Exchange does not believe market participants can readily favor in the second half of 2017, the Exchange that the proposed rule change would competing venues. In such an believes it is reasonable to use each impose any burden on competition that environment, the Exchange must Floor Broker’s historical volume as a is not necessary or appropriate in continually review, and consider

7 The Exchange would not issue any refunds in April through December) by 100% over the Floor 9 15 U.S.C. 78f(b). the event that a Floor Broker’s prepaid Eligible Broker’s volume from the second half of 2017, or 10 15 U.S.C. 78f(b)(4) and (5). Fixed Costs exceeds such actual costs for the nine the 10,0000 ADV in contract sides) would be 11 See Cboe fee schedule, Liquidity Provider month period. See id. rebated the greater of 100% of their pre-paid Sliding Scale, available here, http://www.cboe.com/ 8 Participants in the FB Prepay Program that Eligible Fixed Costs, or $10,000/month for April qualify for Tier 3 (i.e., increased 2018 volume (from through December 2018. See id. publish/feeschedule/CBOEFeeSchedule.pdf.

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adjusting, its fees and credits to remain file number should be included on the 2018, Financial Industry Regulatory competitive with other exchanges. For subject line if email is used. To help the Authority, Inc. (‘‘FINRA’’) filed with the the reasons described above, the Commission process and review your Securities and Exchange Commission Exchange believes that the proposed comments more efficiently, please use (‘‘SEC’’ or ‘‘Commission’’) the proposed rule change reflects this competitive only one method. The Commission will rule change as described in Items I, II, environment. post all comments on the Commission’s and III below, which Items have been internet website (http://www.sec.gov/ prepared by FINRA. The Commission is C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the publishing this notice to solicit Statement on Comments on the submission, all subsequent comments on the proposed rule change Proposed Rule Change Received From amendments, all written statements from interested persons. Members, Participants, or Others with respect to the proposed rule I. Self-Regulatory Organization’s No written comments were solicited change that are filed with the Statement of the Terms of Substance of or received with respect to the proposed Commission, and all written the Proposed Rule Change rule change. communications relating to the FINRA is proposing to adopt rules III. Date of Effectiveness of the proposed rule change between the relating to the establishment of a second Proposed Rule Change and Timing for Commission and any person, other than Trade Reporting Facility or ‘‘TRF’’ to be Commission Action those that may be withheld from the public in accordance with the operated in conjunction with Nasdaq, The foregoing rule change is effective provisions of 5 U.S.C. 552, will be Inc. (‘‘Nasdaq’’). The second FINRA/ upon filing pursuant to Section available for website viewing and Nasdaq Trade Reporting Facility 12 19(b)(3)(A) of the Act and printing in the Commission’s Public (‘‘FINRA/Nasdaq TRF Chicago’’) would 13 subparagraph (f)(2) of Rule 19b–4 Reference Room, 100 F Street NE, provide FINRA members with another thereunder, because it establishes a due, Washington, DC 20549 on official mechanism for reporting over-the- fee, or other charge imposed by the business days between the hours of counter (‘‘OTC’’) trades in NMS stocks Exchange. 10:00 a.m. and 3:00 p.m. Copies of such and complying with FINRA’s At any time within 60 days of the filing also will be available for requirements with respect to back-up filing of such proposed rule change, the inspection and copying at the principal trade reporting arrangements. The Commission summarily may office of the Exchange. All comments FINRA/Nasdaq TRF Chicago would be temporarily suspend such rule change if received will be posted without change. governed by the rules applicable to the it appears to the Commission that such Persons submitting comments are existing FINRA/Nasdaq Trade Reporting action is necessary or appropriate in the cautioned that we do not redact or edit Facility (‘‘FINRA/Nasdaq TRF public interest, for the protection of personal identifying information from Carteret’’), which were subject to notice investors, or otherwise in furtherance of comment submissions. You should and comment and approved by the the purposes of the Act. If the submit only information that you wish Commission.3 Commission takes such action, the to make available publicly. All The text of the proposed rule change Commission shall institute proceedings is available on FINRA’s website at 14 submissions should refer to File under Section 19(b)(2)(B) of the Act to Number SR–NYSEAMER–2018–15, and http://www.finra.org, at the principal determine whether the proposed rule should be submitted on or before May office of FINRA and at the change should be approved or 17, 2018. Commission’s Public Reference Room. disapproved. For the Commission, by the Division of II. Self-Regulatory Organization’s IV. Solicitation of Comments Trading and Markets, pursuant to delegated Statement of the Purpose of, and 15 Interested persons are invited to authority. Statutory Basis for, the Proposed Rule submit written data, views, and Eduardo A. Aleman, Change arguments concerning the foregoing, Assistant Secretary. In its filing with the Commission, including whether the proposed rule [FR Doc. 2018–08724 Filed 4–25–18; 8:45 am] FINRA included statements concerning change is consistent with the Act. BILLING CODE 8011–01–P the purpose of and basis for the Comments may be submitted by any of proposed rule change and discussed any the following methods: comments it received on the proposed SECURITIES AND EXCHANGE Electronic Comments rule change. The text of these statements COMMISSION may be examined at the places specified • Use the Commission’s internet [Release No. 34–83082; File No. SR–FINRA– in Item IV below. FINRA has prepared comment form (http://www.sec.gov/ 2018–013] summaries, set forth in sections A, B, rules/sro.shtml); or • and C below, of the most significant Send an email to rule-comments@ Self-Regulatory Organizations; aspects of such statements. sec.gov. Please include File Number SR– Financial Industry Regulatory NYSEAMER–2018–15 on the subject Authority, Inc.; Notice of Filing of a A. Self-Regulatory Organization’s line. Proposed Rule Change To Establish a Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Paper Comments Second Trade Reporting Facility in Conjunction With Nasdaq, Inc. Change • Send paper comments in triplicate 1. Purpose to Brent J. Fields, Secretary, Securities April 20, 2018. and Exchange Commission, 100 F Street Pursuant to Section 19(b)(1) of the FINRA currently has three facilities NE, Washington, DC 20549–1090. Securities Exchange Act of 1934 that allow its members to report OTC All submissions should refer to File (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Number SR–NYSEAMER–2018–15. This notice is hereby given that on April 19, 3 See Securities Exchange Act Release No. 54084 (June 30, 2006), 71 FR 38935 (July 10, 2006) (order approving SR–NASD–2005–087); and Securities 12 15 U.S.C. 78s(b)(3)(A). 15 17 CFR 200.30–3(a)(12). Exchange Act Release No. 54798 (November 21, 13 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1). 2006), 71 FR 69156 (November 29, 2006) (order 14 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4. approving SR–NASD–2006–104).

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trades in NMS stocks, as defined in SEC TRF Carteret. The FINRA/Nasdaq TRF as a back-up reporting facility. FINRA Rule 600(b) of Regulation NMS. These Chicago will provide FINRA with a real- members will also have the option of are the FINRA/Nasdaq TRF, the FINRA/ time copy of each trade report for using the FINRA/Nasdaq TRF Chicago NYSE TRF, and the Alternative Display regulatory review purposes. At the as their primary trade reporting facility. Facility (‘‘ADF’’) (collectively, the option of the participant, the FINRA/ Moreover, members may choose to ‘‘FINRA Facilities’’). Nasdaq TRF Chicago, like the FINRA/ report some of their trades, on a primary On January 20, 2016, FINRA Nasdaq TRF Carteret, may provide the basis, to the FINRA/Nasdaq TRF published a Trade Reporting Notice (the necessary clearing information Carteret and other trades, also on a ‘‘Trade Reporting Notice’’ or the regarding transactions to the National primary basis, to the FINRA/Nasdaq ‘‘Notice’’) with guidance on firms’ OTC Securities Clearing Corporation. TRF Chicago (or to one of the other equity trade reporting obligations in the The proposed rule change would FINRA Facilities). Members may choose event of a systems issue during the establish the FINRA/Nasdaq TRF to allocate their trade reports to more trading day that prevents them from Chicago on the same terms as the than one TRF as a means of further reporting OTC trades in NMS stocks in FINRA/Nasdaq TRF Carteret. That is, increasing resiliency and mitigating accordance with FINRA rules.4 As set the new FINRA/Nasdaq TRF would be their risks, including the risks forth in the Notice, a firm that routinely built with the same technology, provide associated with outages. reports its OTC trades in NMS stocks to the same features and performance,6 The proposed rule change would only one FINRA Facility (a firm’s offer the same pricing and be governed allow firms to aggregate the volume of ‘‘primary facility’’) must establish and by the same substantive rules, policies trades that they report on the FINRA/ maintain connectivity and report to a and procedures. A single set of Nasdaq TRF Carteret and the FINRA/ second FINRA Facility (a firm’s application materials and clearing Nasdaq TRF Chicago. This would enable ‘‘secondary facility’’) if the firm intends arrangements will provide for access to firms to continue to qualify for any to continue to support OTC trading as both FINRA/Nasdaq TRF Carteret and volume-based pricing that they would an executing broker while its primary FINRA/Nasdaq TRF Chicago. Moreover, otherwise qualify for if they limited facility is experiencing a widespread Nasdaq, as the ‘‘Business Member’’ their trade reporting to one of those 5 systems issue. (defined below), has advised FINRA that facilities only. The proposed FINRA/Nasdaq TRF these two TRFs will evolve in tandem It is important to note that although Chicago would provide FINRA members and remain the same going forward (for the FINRA/Nasdaq TRF Carteret and the with an additional mechanism to example, because the same fee and FINRA/Nasdaq TRF Chicago would be facilitate compliance with FINRA rules credit schedule under the Rule 7600A structured identically and would allow and the Notice. Specifically, a primary Series will apply to both TRFs, any for aggregated pricing, the two TRFs user of the FINRA/Nasdaq TRF Carteret pricing changes would apply to both would physically operate as distinct and could report on a back-up basis to the TRFs).7 independent facilities.8 For example, to FINRA/Nasdaq TRF Chicago pursuant to Nasdaq, as the Business Member, help ensure that the FINRA/Nasdaq TRF the same rules, pricing, features and proposes to structure the FINRA/Nasdaq Chicago could effectively serve as a performance to which the firm is TRF Chicago to be identical to the back-up facility for the FINRA/Nasdaq accustomed as a user of the FINRA/ FINRA/Nasdaq TRF Carteret (in all TRF Carteret or vice versa, the front-end Nasdaq TRF Carteret—and vice versa. Like the FINRA/Nasdaq TRF Carteret, respects other than its location) to technology used to operate the FINRA/ the FINRA/Nasdaq TRF Chicago will be provide FINRA members with a Nasdaq TRF Chicago would reside in a facility of FINRA, subject to regulation convenient and efficient option to fulfill Chicago, Illinois while the front-end by FINRA and to FINRA’s registration as their obligations under the Trade technology used to operate the FINRA/ a national securities association. FINRA Reporting Notice through a set of Nasdaq TRF Carteret would continue to members that match and/or execute primary and secondary reporting reside in Carteret, New Jersey. orders internally or through proprietary facilities that share the same rules, Geographic dispersion of these two systems may submit reports of these pricing, features and performance. TRFs would lessen the risk of a regional trades, with appropriate information Under the proposal, the FINRA/Nasdaq outage affecting them both and modifiers, to the FINRA/Nasdaq TRF Chicago will not be limited to use simultaneously. FINRA also notes that TRF Chicago, which will then submit rules that prohibit cross-facility 6 them to the appropriate exclusive Users of the two FINRA/Nasdaq TRFs may reporting would apply to the FINRA/ experience latency differences due to their different Nasdaq TRF Carteret and FINRA/ securities information processor (‘‘SIP’’). geographic locations. FINRA/Nasdaq TRF Chicago trade 7 According to Nasdaq, the FINRA/Nasdaq TRF Nasdaq TRF Chicago. For example, reports will be disseminated with a Chicago will include several new components to FINRA rules generally prohibit the modifier indicating the source of the provide performance improvements and operational submission to a FINRA Facility of any efficiencies that Nasdaq intends to incorporate into non-tape report (including clearing transactions that will distinguish them the FINRA/Nasdaq TRF Carteret shortly after the from transactions executed on an launch of FINRA/Nasdaq TRF Chicago. Nasdaq will reports) associated with a previously exchange or reported to other FINRA provide participants with notice prior to re- executed trade that was not reported to Facilities, including the FINRA/Nasdaq platforming the FINRA/Nasdaq TRF Carteret. After the same Facility, except with respect to Nasdaq completes this re-platforming, Nasdaq the second leg of a riskless principal or generally intends to perform updates, upgrades, 9 4 See Trade Reporting Notice, January 20, 2016 fixes or other modifications to the two FINRA/ agency transaction. (OTC Equity Trading and Reporting in the Event of Nasdaq TRFs in tandem. However, Nasdaq notes FINRA’s oversight of the proposed Systems Issues). that there may be instances in which it will be FINRA/Nasdaq TRF Chicago would be 5 As discussed in the Notice, if a firm chooses not necessary for Nasdaq to act in sequence. During the same as FINRA’s current oversight to have connectivity to a secondary facility, it such instances, there may be disparities between should cease executing OTC trades altogether when the two TRFs with respect to function or with respect to the two existing TRFs. its primary trade reporting facility is experiencing performance. Nasdaq expects that any disparity in a widespread systems issue. In that instance, the function or performance between the two TRFs that 8 Trades reported to the FINRA/Nasdaq TRF firm could route orders for execution to an arises during sequential changes will be transitory. Carteret or FINRA/Nasdaq TRF Chicago will be exchange or another FINRA member (i.e., a member Nasdaq will provide participants with notice if it subject to correction or modification only on the with connectivity and the ability to report to a anticipates requiring more than a de minimis TRF to which the trades were originally reported. FINRA Facility that is operational). transition period. 9 See, e.g., Rule 7230A(i).

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In addition to real-time interaction with affairs of both the FINRA/Nasdaq TRF of the Agreement relating to the Business Member staff when operational Carteret and FINRA/Nasdaq TRF remaining FINRA/Nasdaq TRF will issues arise, FINRA currently executes Chicago, which may not be conducted remain in full force and effect. It also its SRO oversight functions by in a manner inconsistent with the clarifies that the LLC will dissolve upon performing a three-part regularly regulatory and oversight functions of an action by either LLC Member to recurring review of TRF operations. FINRA. Among other things, the terminate both FINRA/Nasdaq TRFs or First, before initial operation of the TRF Business Member will establish pricing to terminate the last remaining FINRA/ can commence, the Business Member is for both the FINRA/Nasdaq TRF Carteret Nasdaq TRF. required to certify in writing that TRF and FINRA/Nasdaq TRF Chicago, be operations will comply with all relevant obligated to pay the cost of regulation Rules Applicable to the FINRA/Nasdaq FINRA rules and federal securities laws, and be entitled to the profits and losses, TRF Carteret and FINRA/Nasdaq TRF and on a quarterly basis thereafter, the if any, derived from operation of the Chicago Business Member must submit its FINRA/Nasdaq TRF Carteret and FINRA proposes to amend the Rule current TRF procedures and a FINRA/Nasdaq TRF Chicago. The 6300A, 7200A and 7600A Series, which certification of compliance with those Business Member will also provide the govern the FINRA/Nasdaq TRF Carteret, procedures. Second, FINRA staff ‘‘user facing’’ front-end technology used to accommodate the establishment of conducts monthly conference calls with to operate both the FINRA/Nasdaq TRF the FINRA/Nasdaq TRF Chicago. That each Business Member to review TRF Carteret and FINRA/Nasdaq TRF is, FINRA proposes to preface each of operations. These monthly calls follow Chicago and transmit real-time trade these Rule Series by noting that within an established agenda, which includes, report data directly to the SIPs and to them, any use of the term ‘‘FINRA/ among other things, whether there were FINRA for audit trail purposes. Nasdaq Trade Reporting Facility’’ shall any system outages or issues since the The FINRA/Nasdaq TRF LLC mean the FINRA/Nasdaq TRF Carteret prior monthly conference call (and if so, Agreement is substantially similar to the or the FINRA/Nasdaq TRF Chicago, as to confirm that they were reported to existing agreement that governs the applicable, depending on the facility to FINRA and the SEC, as applicable), data FINRA/Nasdaq TRF Carteret (the which the participant elects to report. latency, the status of pending systems Second Amended and Restated FINRA/ FINRA proposes to amend Rule changes, TRF market data products and Nasdaq TRF LLC Agreement), which is 6300A to provide that the forms of whether the Business Member has or is included in the FINRA Manual. agreements required under the Rule developing any new products that However, it contains several 6300A Series, including the agreement amendments that reflect the fact that the would use TRF data. Third, FINRA to allow a Participant to report and lock- FINRA/Nasdaq Trade Reporting Facility oversees a regular assessment cycle and in trades on a member’s behalf required LLC will now operate through two extensive review of TRF operations, as under Rule 6380A(h), will be identical TRFs: FINRA/Nasdaq TRF Carteret and measured against the TRF business for both FINRA/Nasdaq TRFs and a FINRA/Nasdaq TRF Chicago. requirements document and coding single agreement can be used for guidelines established by FINRA, by an For example, the FINRA/Nasdaq TRF LLC Agreement provides for separate purposes of both FINRA/Nasdaq TRFs. outside independent audit firm. FINRA Members that elect to participate in both also requires the Business Member to termination provisions, in Section 20, FINRA/Nasdaq TRFs must amend any submit on a quarterly basis an for each FINRA/Nasdaq TRF. The existing agreements under the Rule attestation that (1) identifies all termination provision applicable to the 6300A Series to reflect their application products that use TRF data, and (2) FINRA/Nasdaq TRF Carteret is to both facilities. certifies that the Business Member has substantially the same as under the no other products that use TRF data and current agreement, except as noted In addition, FINRA proposes to that any future products that use TRF below. The termination provision amend Rule 7200A to clarify that data will be developed in consultation applicable to the FINRA/Nasdaq TRF application procedures and access with FINRA. Chicago permits a Member of the LLC to requirements for the FINRA/Nasdaq terminate the FINRA/Nasdaq TRF TRF Carteret would also be applicable FINRA/Nasdaq TRF Limited Liability Chicago upon at least one year’s written to the FINRA/Nasdaq TRF Chicago, Company Agreement notice; it also permits the SRO Member meaning that an application for access The Third Amended and Restated to terminate the FINRA/Nasdaq TRF to one of the FINRA/Nasdaq TRFs Limited Liability Company Agreement Chicago for any reason that the SRO would provide for access to both of of FINRA/Nasdaq Trade Reporting Member, in its sole discretion, them, and that the requirements for Facility LLC (the ‘‘FINRA/Nasdaq TRF determines could have a negative continuing access apply to both TRFs. LLC Agreement’’ or the ‘‘Agreement’’) impact on the maintenance of its status Members that elect to participate in both will govern the establishment of the as a preeminent SRO. In addition, the FINRA/Nasdaq TRFs must provide FINRA/Nasdaq TRF Chicago. FINRA/Nasdaq TRF LLC Agreement written notice to the FINRA/Nasdaq Under the FINRA/Nasdaq TRF LLC includes a provision in Section 20 that TRFs and FINRA of such election, in the Agreement, FINRA is the ‘‘SRO permits either Member of the LLC to form prescribed by FINRA, and amend Member’’ and has sole regulatory terminate either of the TRFs or the any existing agreements under the Rule responsibility for both the FINRA/ entire Agreement due to a material 7200A Series to reflect their application Nasdaq TRF Carteret and FINRA/ breach by the other Member, if such to both Facilities. Moreover, FINRA Nasdaq TRF Chicago, including real- breach is not cured within 60 days of proposes to state, in Rules 6300A, time monitoring and T+1 surveillance, notification thereof, or if the other 6360A, 6370A, 7200A and 7280A, that development and enforcement of trade Member becomes bankrupt or insolvent, any determination to suspend, reporting rules and submission of upon 30 days’ written notice. terminate, restore, reinstate, limit or proposed rule changes to the Finally, the FINRA/Nasdaq TRF LLC prohibit access to or participation in one Commission. Nasdaq, the Business Agreement includes a provision, in FINRA/Nasdaq TRF with respect to a Member under the FINRA/Nasdaq TRF Section 21, that clarifies that if either TRF participant will apply equally to LLC Agreement, is primarily responsible FINRA/Nasdaq TRF terminates, the LLC the other FINRA/Nasdaq TRF with for the management of the business will continue to operate and the terms respect to that participant.

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The proposed rule change would also The proposed rule change would primary facility is experiencing systems amend the Rule 7600A Series to state amend Rule 7640A to state that issues will enhance the resiliency and that its schedules of credits and fees Nasdaq’s license to use, distribute and promote the integrity of the OTC will apply to reporting activity that sell FINRA/Nasdaq TRF Carteret market market. occurs on either or both of the FINRA/ data to third parties, and to sell such In addition, FINRA believes that the Nasdaq TRFs and that a participant’s data for fees that Nasdaq charges under proposed rule change provides for the eligibility for any volume-based credits its rules, would also extend to FINRA/ equitable allocation of reasonable dues, or fee caps will be determined based Nasdaq TRF Chicago market data. In fees and other charges because the upon its aggregate reporting volume addition, the proposed rule change charges and credits that would apply to between the two FINRA/Nasdaq TRFs.10 would amend the rule to state that the the FINRA/Nasdaq TRF Chicago are the That is, Rule 7610A would be amended list of Nasdaq data products that same as those that apply to the FINRA/ to state that if a FINRA member reports incorporate FINRA/Nasdaq TRF Carteret Nasdaq TRF Carteret under current trades in a given quarter to both the market data would also incorporate FINRA rules. The proposed rule change FINRA/Nasdaq TRF Carteret and the FINRA/Nasdaq TRF Chicago market would also provide for the equitable FINRA/Nasdaq TRF Chicago, then the data.13 allocation of reasonable dues, fees and amount of the member’s Securities Finally, Rule 6184 (Transactions in other charges in that it would allow Transaction Credits for that quarter will Exchange-Traded Managed Fund Shares firms that choose to concurrently report be calculated with respect to the (‘‘NextShares’’)) would be amended to trades to the FINRA/Nasdaq TRF member’s combined transactions on provide for the reporting of transactions Carteret and the FINRA/Nasdaq TRF both TRFs. Similarly, Rule 7620A in NextShares to the FINRA/Nasdaq Chicago to aggregate their reporting would be amended to provide that if a TRF Chicago in the same manner that volumes on the two TRFs so that they participant reports trades to both the such transactions currently are reported could continue to qualify for volume- FINRA/Nasdaq TRF Carteret and the to the FINRA/Nasdaq TRF Carteret. based pricing to the extent that they FINRA/Nasdaq TRF Chicago during a If the Commission approves the would have otherwise qualified had given month, then the participant’s proposed rule change, the effective date they reported their trades only to one of aggregate reporting volume on the of the proposed rule change will be the those TRFs. As discussed above, FINRA/Nasdaq TRF Carteret and the date upon which the FINRA/Nasdaq Nasdaq, as the Business Member, has FINRA/Nasdaq TRF Chicago will be TRF Chicago commences operation, advised FINRA that the FINRA/Nasdaq considered for the purpose of which is currently anticipated to be no TRF Carteret and the FINRA/Nasdaq determining whether and to what extent earlier than August 1, 2018. FINRA will TRF Chicago will be subject to identical charges or caps apply to the participant provide notice of that date upon fees under the amended Rule 7600A during that month.11 successful completion of system testing Series, thereby allowing members to use Rule 7630A would be amended to and certification. either TRF freely in terms of the volume reflect a technical change that reported to each TRF without providing certification of affiliate status for 2. Statutory Basis a disincentive to use one over the other aggregation of activity for purposes of FINRA believes that the proposed rule for the sole purpose of maintaining fees and credits will be made to, and change is consistent with the provisions eligibility for any fee caps. subsequent determinations regarding 14 of Section 15A(b)(6) of the Act, which B. Self-Regulatory Organization’s aggregation will be made by, the FINRA/ requires, among other things, that Statement on Burden on Competition Nasdaq TRFs, not FINRA. FINRA FINRA rules must be designed to members currently submit their requests prevent fraudulent and manipulative FINRA does not believe that the for aggregation to the FINRA/Nasdaq acts and practices, to promote just and proposed rule change will result in any TRF Carteret rather than to FINRA, and, equitable principles of trade, and, in burden on competition that is not as such, the proposed change will better general, to protect investors and the necessary or appropriate in furtherance align the rule with current practice.12 public interest. of the purposes of the Act. FINRA believes that the proposed rule The proposed rule change would 10 FINRA notes that Nasdaq, in its capacity as the change is consistent with the Act apply only to members that have a trade Business Member and operator of the FINRA/ because it provides members with an reporting obligation under the FINRA Nasdaq TRFs on behalf of FINRA, will continue to rules 15 and elect to report to the FINRA/ administer the Rule 7600A Series and will collect alternative for meeting their trade all fees and issue all credits on behalf of the FINRA/ reporting obligations under FINRA rules Nasdaq TRF Chicago. As noted above, Nasdaq TRF Chicago, as well as the FINRA/Nasdaq and will allow members that wish to there currently are three FINRA TRF Carteret. FINRA’s oversight of this function connect to a secondary FINRA Facility Facilities that allow members to report performed by the Business Member will be OTC trades in NMS stocks. There are conducted through the aforementioned assessment in accordance with the Trade Reporting and review of TRF operations by an outside Notice to continue executing OTC trades only several hundred firms that execute independent audit firm. in NMS stocks in the event their and report OTC trades in NMS stocks to 11 FINRA notes that members will be able to primary facility is experiencing a the FINRA Facilities on a regular basis. report trades to the FINRA/Nasdaq TRF Chicago via widespread systems issue. FINRA Many firms, including smaller firms, Nasdaq’s ACT Workstation, a Financial Information route their order flow to another firm, eXchange (‘‘FIX’’) line or indirectly via third party believes that an additional facility for intermediaries (e.g., service bureaus) and will be the reporting of OTC transactions in e.g., their clearing firm, for execution, required to pay the associated fees under Nasdaq NMS stocks in the event a member’s rules. For example, firms that report to the FINRA/ 15 FINRA rules for reporting OTC transactions in Nasdaq TRF Chicago via FIX—either directly or equity securities require that for transactions indirectly through third party intermediaries— certifications of affiliate status and makes the between members, the ‘‘executing party’’ report the would pay Nasdaq charges associated with FIX aggregation determinations thereunder. trade to a FINRA facility. For transactions between ports to connect to the FINRA/Nasdaq TRF Chicago 13 Prior to the date when the FINRA/Nasdaq TRF a member and a non-member or customer, the data center. See, e.g., Nasdaq Rule 7015. Firms will Chicago becomes operational, Nasdaq intends to file member must report the trade. ‘‘Executing party’’ is not have the option of connecting to the FINRA/ with the Commission a proposal to amend Nasdaq’s defined under FINRA Rule 6380A(b) as the member Nasdaq TRF Chicago via a computer-to-computer rules governing its proprietary data products to that receives an order for handling or execution or interface (‘‘CTCI’’). provide for the inclusion therein of FINRA/Nasdaq is presented an order against its quote, does not 12 As noted above, Nasdaq, as the TRF Business TRF Chicago data. subsequently re-route the order, and executes the Member, administers this Rule and receives the 14 15 U.S.C. 78o–3(b)(6). transaction.

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and as the routing firm, they do not may provide costs savings to those organization consents, the Commission have the trade reporting obligation. members that choose to report to both will: Thus, the proposed rule change will the FINRA/Nasdaq TRF Carteret and (A) By order approve or disapprove have no impact on many members. FINRA/Nasdaq TRF Chicago instead of such proposed rule change, or As explained above, the proposed rule spreading trade reporting between the (B) institute proceedings to determine change provides members with an FINRA/Nasdaq TRF Carteret and whether the proposed rule change alternative for meeting their trade another FINRA Facility. Members can should be disapproved. reporting obligations under FINRA rules effectively satisfy the requirement under and will allow members that wish to the Trade Reporting Notice to establish IV. Solicitation of Comments connect to a secondary facility for trade connectivity to a second FINRA Facility Interested persons are invited to reporting in accordance with the Trade to maintain reporting in the event that submit written data, views, and Reporting Notice to continue executing their primary facility experiences a arguments concerning the foregoing, OTC trades in NMS stocks in the event widespread systems issue during the including whether the proposed rule their primary facility is experiencing a trading day. As such, members can use change is consistent with the Act. widespread systems issue. one FINRA/Nasdaq TRF as the primary Comments may be submitted by any of The proposed FINRA/Nasdaq TRF reporting facility and the other FINRA/ the following methods: Chicago should provide benefits, in Nasdaq TRF as the back-up facility. This Electronic Comments particular, for those members that could mitigate the risks associated with currently report trades to the FINRA/ a regional outage that could • Use the Commission’s internet Nasdaq TRF Carteret, as such members simultaneously affect them both, as the comment form (http://www.sec.gov/ would have the opportunity to aggregate front-end technology used to operate the rules/sro.shtml); or their reporting volumes if they choose to FINRA/Nasdaq TRF Chicago would • Send an email to rule-comments@ concurrently report trades to both reside in Chicago, Illinois while the sec.gov. Please include File Number SR– FINRA/Nasdaq TRFs. Thus, under the front-end technology used to operate the FINRA–2018–013 on the subject line. proposed fee structure, if a member FINRA/Nasdaq TRF Carteret would Paper Comments chooses to connect to the FINRA/ continue to reside in Carteret, New Nasdaq TRF Carteret and FINRA/ Jersey. • Send paper comments in triplicate Nasdaq TRF Chicago as primary and to Secretary, Securities and Exchange backup trade reporting facilities, then However, the two FINRA/Nasdaq TRFs would have common technology, Commission, 100 F Street NE, the member will receive credit for the Washington, DC 20549–1090. shares reported to the backup facility. computer code and features. As such, a This may create an incentive for member firm’s decision to rely upon the All submissions should refer to File members to jointly utilize the two FINRA/Nasdaq TRFs to satisfy both its Number SR–FINRA–2018–013. This file FINRA/Nasdaq TRFs as primary and primary and back-up requirements may number should be included on the back-up reporting facilities. not fully mitigate risks if these common subject line if email is used. To help the FINRA staff analyzed participation technologies, code or features Commission process and review your agreements and reporting activity to contemporaneously experience comments more efficiently, please use FINRA/Nasdaq TRF Carteret, FINRA/ problems or otherwise fail. Thus, when only one method. The Commission will NYSE TRF and ADF, and found that 430 member firms consider how they will post all comments on the Commission’s member firms reported to at least one meet their reporting obligations going internet website (http://www.sec.gov/ FINRA Facility in 2017. While 84 firms forward, they will need to weigh the rules/sro.shtml). Copies of the had participation agreements with at potential costs if both the FINRA/ submission, all subsequent least two FINRA Facilities, only 20 of Nasdaq TRF Carteret and FINRA/ amendments, all written statements those firms reported to both the FINRA/ Nasdaq TRF Chicago experience with respect to the proposed rule Nasdaq TRF Carteret and another common problems or become change that are filed with the FINRA Facility. Based on this one-year unavailable simultaneously against the Commission, and all written sample, FINRA expects the proposal to costs of maintaining connectivity to communications relating to the potentially benefit at least those firms unrelated FINRA Facilities with fewer proposed rule change between the that report to two or more FINRA efficiencies and less attractive aggregate Commission and any person, other than Facilities; however, more firms can pricing. those that may be withheld from the potentially benefit from volume-based C. Self-Regulatory Organization’s public in accordance with the pricing in the long-run, provided that Statement on Comments on the provisions of 5 U.S.C. 552, will be reporting trades to more than one Proposed Rule Change Received From available for website viewing and FINRA Facility becomes necessary or Members, Participants, or Others printing in the Commission’s Public preferred. Reference Room, 100 F Street NE, To the extent that members choose to Written comments were neither Washington, DC 20549 on official satisfy their reporting obligations via the solicited nor received. business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the FINRA/Nasdaq TRF Carteret and III. Date of Effectiveness of the filing also will be available for FINRA/Nasdaq TRF Chicago, and cease Proposed Rule Change and Timing for inspection and copying at the principal to maintain connectivity to the FINRA/ Commission Action NYSE TRF or ADF as a back-up FINRA office of FINRA. All comments received Facility to report trades, the latter two Within 45 days of the date of will be posted without change. Persons may experience a reduction in reporting publication of this notice in the Federal submitting comments are cautioned that activity and hence revenue. Thus, the Register or within such longer period (i) we do not redact or edit personal impact on FINRA Facilities may as the Commission may designate up to identifying information from comment effectively be an economic transfer 90 days of such date if it finds such submissions. You should submit only between them. longer period to be appropriate and information that you wish to make The proposed FINRA/Nasdaq TRF publishes its reasons for so finding or available publicly. All submissions Chicago provides an alternative that (ii) as to which the self-regulatory should refer to File Number SR–FINRA–

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2018–013, and should be submitted on statements may be examined at the condition of an exemption, which the or before May 17, 2018. places specified in Item IV below. The Exchange will request and will need to 6 For the Commission, by the Division of Exchange has prepared summaries, set be approved by the Commission, Trading and Markets, pursuant to delegated forth in sections A, B, and C below, of GEMX agrees to provide written notice authority.16 the most significant aspects of such to its members whenever Nasdaq Eduardo A. Aleman, statements. proposes a change to its General 7 Rule.7 Such notice will alert GEMX Assistant Secretary. A. Self-Regulatory Organization’s members to the proposed Nasdaq rule [FR Doc. 2018–08731 Filed 4–25–18; 8:45 am] Statement of the Purpose of, and change and give them an opportunity to BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule comment on the proposal. GEMX will Change similarly inform its members in writing SECURITIES AND EXCHANGE 1. Purpose when the SEC approves any such COMMISSION The Exchange proposes to incorporate proposed change. [Release No. 34–83083; File No. SR–GEMX– by reference Nasdaq’s rule at General 7, Implementation 2018–13] entitled ‘‘Consolidated Audit Trail Compliance’’ into GEMX’s General 7. The Exchange proposes that this rule Self-Regulatory Organizations; Nasdaq The rule sets are identical.3 GEMX change become operative at such time as GEMX, LLC; Notice of Filing and proposes to remove the current rule text it receives approval for an exemption Immediate Effectiveness of Proposed from General 7 and replace that rule text from the Securities and Exchange Rule Change To Incorporate by with the following text: 4 Commission, pursuant to its authority Reference The Nasdaq Stock Market The rules contained in The Nasdaq under Section 36 of the Exchange Act of 8 LLC’s Consolidated Audit Trail Rules Stock Market LLC General 7, as such 1934 (‘‘Act’’) and Rule 0–12 Into the Rules of Nasdaq GEMX rules may be in effect from time to time thereunder, from the Section 19(b) rule (the ‘‘General 7 Rules’’), are hereby filing requirements to separately file a April 20, 2018. incorporated by reference into this proposed rule change to amend GEMX Pursuant to Section 19(b)(1) of the Nasdaq GEMX General 7, and are thus General 7. Securities Exchange Act of 1934 Nasdaq GEMX Rules and thereby 2. Statutory Basis (‘‘Act’’),1 and Rule 19b–4 thereunder,2 applicable to Nasdaq GEMX Members. notice is hereby given that on April 10, Nasdaq GEMX Members shall comply The Exchange believes that its 2018, Nasdaq GEMX, LLC (‘‘GEMX’’ or with the General 7 Rules as though such proposal is consistent with Section 6(b) 9 ‘‘Exchange’’) filed with the Securities rules were fully set forth herein. All of the Act, in general, and furthers the 10 and Exchange Commission defined terms, including any variations objectives of Section 6(b)(5) of the Act, (‘‘Commission’’) the proposed rule thereof, contained in the General 7 in particular, in that it is designed to change as described in Items I and II Rules shall be read to refer to the promote just and equitable principles of below, which Items have been prepared Nasdaq GEMX related meaning of such trade, to remove impediments to and by the Exchange. The Commission is term. Solely by way of example, and not perfect the mechanism of a free and publishing this notice to solicit in limitation or in exhaustion: the open market and a national market comments on the proposed rule change defined term ‘‘Exchange’’ in the General system, and, in general to protect from interested persons. 7 Rules shall be read to refer to the investors and the public interest, by consolidating its rules into a single rule I. Self-Regulatory Organization’s Nasdaq GEMX Exchange; the defined term ‘‘Rule’’ in the General 7 Rules shall set. The Exchange intends to also file Statement of the Terms of Substance of similar proposed rule changes for the the Proposed Rule Change be read to refer to the Nasdaq GEMX Rule. Nasdaq PHLX LLC; Nasdaq GEMX, LLC; The Exchange proposes to incorporate Should any rules which impact Nasdaq ISE, LLC; and Nasdaq MRX, LLC by reference The Nasdaq Stock Market trading behavior be added to the markets so that the General 7 Rules LLC’s (‘‘Nasdaq’’) rule at General 7, Consolidated Audit Trail Compliance entitled ‘‘Consolidated Audit Trail Rules in Nasdaq General 7 in the future, other SROs incorporate by reference certain Compliance’’ into GEMX’s General 7. those rules shall not become subject to regulatory rules of another SRO and have received The text of the proposed rule change from the Commission similar exemptions from the incorporation by reference and shall is available on the Exchange’s website at Section 19(b) of the Exchange Act. See e.g., be placed elsewhere within GEMX’s Securities Exchange Act Release Nos. 57478 (March http://nasdaqgemx.cchwallstreet.com/, Rulebook. The incorporations by 12, 2008), 73 FR 14521 (March 18, 2008), 53128 at the principal office of the Exchange, reference of Nasdaq General 7 into (January 13, 2006), 71 FR 3550 (January 23, 2006); and at the Commission’s Public 49260 (February 17, 2004), 69 FR 8500 (February GEMX’s General 7 Rule are regulatory in Reference Room. 24, 2004). nature.5 The Exchange notes that as a 6 The Exchange will request an exemption II. Self-Regulatory Organization’s pursuant to its authority under Section 36 of the Statement of the Purpose of, and 3 See Securities Exchange Act Release Nos. 82601 Exchange Act of 1934 (‘‘Act’’) and Rule 0–121 thereunder, from the Section 19(b) rule filing Statutory Basis for, the Proposed Rule (January 30, 2018), 83 FR 4949 (February 2, 2018) (SR–Phlx–2018–11); 82604 (January 30, 2018), 83 requirements to separately file a proposed rule Change FR 5154 (February 5, 2018) (SR–NASDAQ–2018– change to amend GEMX General 7. In its filing with the Commission, the 007); 82597 (January 30, 2018), 83 FR 4942 7 GEMX will provide such notice via a posting on (February 2, 2018) (SR–BX–2018–007); 82599 the same website location where GEMX posts its Exchange included statements (January 30, 2017), 83 FR 4947 (February 2, 2018) own rule filings pursuant to Rule 19b-4 within the concerning the purpose of and basis for (SR–ISE–2018–09); 82598 (January 30, 2018), 83 FR timeframe require by such Rule. The website the proposed rule change and discussed 4936 (February 2, 2018) (SR–GEMX–2018–02); and posting will include a link to the location on the any comments it received on the 82600 (January 30, 2018), 83 FR 4934 (February 2, Nasdaq website where the applicable proposed rule change is posted. proposed rule change. The text of these 2018) (SR–MRX–2018–03). 4 GEMX shall include a hyperlink to Nasdaq’s 8 See 17 CFR 240.0–12; Exchange Act Release No. General 7 for ease of reference. 39624 (February 5, 1998), 63 FR 8101 (February 18, 16 17 CFR 200.30–3(a)(12). 5 The General 7 Rules are categories of rules that 1998). 1 15 U.S.C. 78s(b)(1). are not trading rules. See 17 CFR 200.30–3(a)(76) 9 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. (contemplating such requests). In addition, several 10 15 U.S.C. 78f(b)(5).

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which govern Consolidated Audit Trail At any time within 60 days of the received will be posted without change. Compliance are conformed. filing of the proposed rule change, the Persons submitting comments are Incorporating by reference the Nasdaq Commission summarily may cautioned that we do not redact or edit General 7 Rules into the GEMX General temporarily suspend such rule change if personal identifying information from 7 Rules will provide an easy reference it appears to the Commission that such comment submissions. You should for Members seeking to comply with action is: (i) Necessary or appropriate in submit only information that you wish Consolidated Audit Trail on multiple the public interest; (ii) for the protection to make available publicly. All markets. As noted, the Exchange intends of investors; or (iii) otherwise in submissions should refer to File to file similar proposed rule changes for furtherance of the purposes of the Act. Number SR–GEMX–2018–13 and other affiliated markets so that Nasdaq If the Commission takes such action, the should be submitted on or before May General 7 is the source document for all Commission shall institute proceedings 17, 2018. Nasdaq Consolidated Audit Trail rules. to determine whether the proposed rule For the Commission, by the Division of The Exchange notes that the current rule should be approved or disapproved. Trading and Markets, pursuant to delegated is not changing and GEMX members authority.13 IV. Solicitation of Comments will be required to continue to comply Eduardo A. Aleman, with the General 7 Rules as though such Interested persons are invited to Assistant Secretary. submit written data, views, and rules are fully set forth in GEMX’s [FR Doc. 2018–08732 Filed 4–25–18; 8:45 am] arguments concerning the foregoing, Rulebook. The Exchange desires to BILLING CODE 8011–01–P conform its rules and locate those rules including whether the proposed rule within the same location in each change is consistent with the Act. Rulebook to provide Members the Comments may be submitted by any of SECURITIES AND EXCHANGE ability to quickly locate rules. the following methods: COMMISSION Electronic Comments B. Self-Regulatory Organization’s Proposed Collection; Comment Statement on Burden on Competition • Use the Commission’s internet Request The Exchange does not believe that comment form (http://www.sec.gov/ Upon Written Request, Copies Available the proposed rule change will impose rules/sro.shtml); or • From: U.S. Securities and Exchange any burden on competition not Send an email to rule-comments@ Commission, Office of FOIA Services, necessary or appropriate in furtherance sec.gov. Please include File Number SR– 100 F Street NE, Washington, DC of the purposes of the Act. The GEMX–2018–13 on the subject line. 20549–2736. Exchange believes that this rule change Paper Comments does not impose an undue burden on Extension: • Send paper comments in triplicate competition because GEMX is merely Rule 11a1–1(T), SEC File No. 270–428, to Secretary, Securities and Exchange incorporating by reference the rules of OMB Control No. 3235–0478. Commission, 100 F Street NE, Nasdaq’s General 7 into its own Notice is hereby given that pursuant Washington, DC 20549–1090. Rulebook. The current General 7 is not to the Paperwork Reduction Act of 1995 being amended and therefore no All submissions should refer to File (44 U.S.C. 3501 et seq.), the Securities Member is impacted. Number SR–GEMX–2018–13. This file and Exchange Commission number should be included on the (‘‘Commission’’) is soliciting comments C. Self-Regulatory Organization’s subject line if email is used. To help the on the collection of information Statement on Comments on the Commission process and review your provided for in Rule 11a1–1(T) (17 CFR Proposed Rule Change Received From comments more efficiently, please use 240.11a1–1(T)), under the Securities Members, Participants, or Others only one method. The Commission will Exchange Act of 1934 (15 U.S.C. 78a et No written comments were either post all comments on the Commission’s seq.). The Commission plans to submit solicited or received. internet website (http://www.sec.gov/ this existing collection of information to rules/sro.shtml). Copies of the the Office of Management and Budget III. Date of Effectiveness of the submission, all subsequent (‘‘OMB’’) for extension and approval. Proposed Rule Change and Timing for amendments, all written statements On January 27, 1976, the Commission Commission Action with respect to the proposed rule adopted Rule 11a1–1(T)—Transactions Because the foregoing proposed rule change that are filed with the Yielding Priority, Parity, and change does not: (i) Significantly affect Commission, and all written Precedence (17 CFR 240.11a1–1(T)) the protection of investors or the public communications relating to the under the Securities Exchange Act of interest; (ii) impose any significant proposed rule change between the 1934 (15 U.S.C. 78a et seq.) (‘‘Exchange burden on competition; and (iii) become Commission and any person, other than Act’’) to exempt certain transactions of operative for 30 days from the date on those that may be withheld from the exchange members for their own which it was filed, or such shorter time public in accordance with the accounts that would otherwise be as the Commission may designate, it has provisions of 5 U.S.C. 552, will be prohibited under Section 11(a) of the become effective pursuant to Section available for website viewing and Exchange Act. The rule provides that a 19(b)(3)(A)(iii) of the Act 11 and printing in the Commission’s Public member’s proprietary order may be subparagraph (f)(6) of Rule 19b–4 Reference Room, 100 F Street NE, executed on the exchange of which the thereunder.12 Washington, DC 20549, on official trader is a member, if, among other business days between the hours of things: (1) The member discloses that a 11 15 U.S.C. 78s(b)(3)(A)(iii). 10:00 a.m. and 3:00 p.m. Copies of the bid or offer for its account is for its 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– filing also will be available for account to any member with whom 4(f)(6)(iii) requires the Exchange to give the inspection and copying at the principal such bid or offer is placed or to whom Commission written notice of the Exchange’s intent it is communicated; (2) any such to file the proposed rule change, along with a brief office of the Exchange. All comments description and text of the proposed rule change, member through whom that bid or offer at least five business days prior to the date of filing as designated by the Commission. The Exchange of the proposed rule change, or such shorter time has satisfied this requirement. 13 17 CFR 200.30–3(a)(12).

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is communicated discloses to others Dated: April 23, 2018. An agency may not conduct or participating in effecting the order that Eduardo A. Aleman, sponsor, and a person is not required to it is for the account of a member; and Assistant Secretary. respond to, a collection of information (3) immediately before executing the [FR Doc. 2018–08815 Filed 4–25–18; 8:45 am] unless it displays a currently valid order, a member (other than a specialist BILLING CODE 8011–01–P control number. in such security) presenting any order Please direct your written comments for the account of a member on the to Pamela Dyson, Director/Chief exchange clearly announces or SECURITIES AND EXCHANGE Information Officer, Securities and otherwise indicates to the specialist and COMMISSION Exchange Commission, c/o Remi Pavlik- to other members then present that he Simon, 100 F Street NE, Washington, is presenting an order for the account of Proposed Collection; Comment DC 20549; or send an email to: PRA_ a member. Request [email protected]. Without these requirements, it would Upon Written Request Copies Available Dated: April 23, 2018. not be possible for the Commission to From: Securities and Exchange Eduardo A. Aleman, monitor its mandate under the Exchange Commission, Office of FOIA Services, Assistant Secretary. Act to promote fair and orderly markets 100 F Street NE, Washington, DC [FR Doc. 2018–08819 Filed 4–25–18; 8:45 am] and ensure that exchange members 20549–2736. BILLING CODE 8011–01–P have, as the principle purpose of their Extension: exchange memberships, the conduct of Form 1–U, SEC File No. 270–660, OMB a public securities business. Control No. 3235–0722. SMALL BUSINESS ADMINISTRATION There are approximately 592 Notice is hereby given that, pursuant respondents that require an aggregate to the Paperwork Reduction Act of 1995 [Disaster Declaration #15483 and #15484; total of 17 hours to comply with this (44 U.S.C. 3501 et seq.), the Securities Alabama Disaster Number AL–00086] rule. Each of these approximately 592 and Exchange Commission respondents makes an estimated 20 (‘‘Commission’’) is soliciting comments Administrative Declaration of a annual responses, for an aggregate of on the collection of information Disaster for the State of Alabama 11,840 responses per year. Each summarized below. The Commission response takes approximately 5 seconds plans to submit this existing collection AGENCY: U.S. Small Business to complete. Thus, the total compliance of information to the Office of Administration. burden per year is 17 hours (11,840 × 5 Management and Budget for extension ACTION: Notice. seconds/60 seconds per minute/60 and approval. minutes per hour = 17 hours). The Form 1–U (17 CFR 239.93) is used to SUMMARY: This is a notice of an approximate internal cost of compliance file current event reports by Tier 2 Administrative declaration of a disaster per hour is $336, resulting in a total issuers under Regulation A, an for the State of Alabama dated 04/17/ internal cost of compliance of $5,712 exemption from registration under the 2018. (17 hours @ $336). Securities Act of 1933 (15 U.S.C 77a et Incident: Severe Storms and Hurricane Force Winds. Written comments are invited on: (a) seq.). Form 1–U provides information to Incident Period: 04/03/2018. Whether the proposed collection of the public within four business days of information is necessary for the proper fundamental changes in the nature of DATES: Issued on 04/17/2018. performance of the functions of the the issuer’s business and other Physical Loan Application Deadline agency, including whether the significant events. We estimate that Date: 06/18/2018. information will have practical utility; approximately 97 issuers file Form 1–U Economic Injury (EIDL) Loan (b) the accuracy of the agency’s estimate annually. We estimate that Form 1–U Application Deadline Date: 01/17/2019. of the burden of the collection of takes approximately 5.66 hours to ADDRESSES: Submit completed loan information; (c) ways to enhance the prepare. We estimate that 75% of the applications to: U.S. Small Business quality, utility, and clarity of the 5.66 hours per response is prepared by Administration, Processing and information collected; and (d) ways to the company for a total annual burden Disbursement Center, 14925 Kingsport minimize the burden of the collection of of 412 hours (4.25 hours per response x Road, Fort Worth, TX 76155. 97 responses). information on respondents, including FOR FURTHER INFORMATION CONTACT: Written comments are invited on: (a) A. through the use of automated collection Whether the proposed collection of Escobar, Office of Disaster Assistance, techniques or other forms of information information is necessary for the proper U.S. Small Business Administration, technology. Consideration will be given performance of the functions of the 409 3rd Street SW, Suite 6050, to comments and suggestions submitted agency, including whether the Washington, DC 20416, (202) 205–6734. in writing within 60 days of this information will have practical utility; SUPPLEMENTARY INFORMATION: Notice is publication. (b) the accuracy of the agency’s estimate hereby given that as a result of the An agency may not conduct or of the burden imposed by the collection Administrator’s disaster declaration, sponsor, and a person is not required to of information; (c) ways to enhance the applications for disaster loans may be respond to, a collection of information quality, utility, and clarity of the filed at the address listed above or other under the PRA unless it displays a information collected; and (d) ways to locally announced locations. currently valid OMB control number. minimize the burden of the collection of The following areas have been Please direct your written comments information on respondents, including determined to be adversely affected by to: Pamela Dyson, Director/Chief through the use of automated collection the disaster: Information Officer, Securities and techniques or other forms of information Primary Counties: Morgan Exchange Commission, c/o Remi Pavlik- technology. Consideration will be given Contiguous Counties: Simon, 100 F Street NE, Washington, to comments and suggestions submitted Alabama: Cullman, Lawrence, DC 20549, or send an email to: PRA_ in writing within 60 days of this Limestone, Madison, Marshall [email protected]. publication. The Interest Rates are:

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Percent required by the Paperwork Reduction information on respondents, including Act of 1995 (PRA), the Surface through the use of automated collection For Physical Damage: Transportation Board (STB or Board) techniques or other forms of information Homeowners with Credit Avail- gives notice that it is requesting from technology; and (e) estimates of capital able Elsewhere ...... 3.625 the Office of Management and Budget or start-up costs and costs of operation, Homeowners without Credit (OMB) a reinstatement without change maintenance, and purchase of services Available Elsewhere ...... 1.813 Businesses with Credit Avail- of Generic Clearance for the Collection to provide information. Burden means able Elsewhere 7 ...... 160 of Qualitative Feedback on Agency the total time, effort, or financial Businesses without Credit Service Delivery. This collection was resources expended by persons to Available Elsewhere ...... 3.580 developed as part of a Federal generate, maintain, retain, disclose, or Non-Profit Organizations with Government-wide effort to streamline provide information to or for a Federal Credit Available Elsewhere ... 2.500 the process for seeking feedback from agency. This includes the time needed Non-Profit Organizations with- the public on the Board’s service to review instructions; to develop, out Credit Available Else- delivery. acquire, install, and utilize technology where ...... 2.500 For Economic Injury: DATES: Comments on this information and systems for the purpose of Businesses & Small Agricultural collection should be submitted by June collecting, validating, and verifying Cooperatives without Credit 25, 2018. information, processing and Available Elsewhere ...... 3.580 ADDRESSES: Direct all comments to maintaining information, and disclosing Non-Profit Organizations with- Chris Oehrle, PRA Officer, Surface and providing information; to train out Credit Available Else- personnel and to be able to respond to where ...... 2.500 Transportation Board, 395 E Street SW, Washington, DC 20423–0001, or to pra@ a collection of information, to search stb.gov. When submitting comments, data sources, to complete and review The number assigned to this disaster the collection of information; and to for physical damage is 15483 B and for please refer to ‘‘Paperwork Reduction Act Comments, Generic Clearance for transmit or otherwise disclose the economic injury is 15484 0. information. Submitted comments will The State which received an EIDL the Collection of Qualitative Feedback be summarized and included in the Declaration # is Alabama. on Agency Service Delivery.’’ FOR FURTHER INFORMATION, CONTACT: For Board’s request for OMB approval. (Catalog of Federal Domestic Assistance Number 59008) further information regarding this Description of Collection collection, contact Michael Higgins, Dated: April 17, 2018. Deputy Director, Office of Public Title: Generic Clearance for the Linda E. McMahon, Assistance, Governmental Affairs, and Collection of Qualitative Feedback on Administrator. Compliance at (202) 245–0284 or at Agency Service Delivery. [FR Doc. 2018–08706 Filed 4–25–18; 8:45 am] [email protected]. [Assistance OMB Control Number: 2140–0019. BILLING CODE 8025–01–P for the hearing impaired is available STB Form Number: None. through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] Type of Review: Reinstatement without change. SURFACE TRANSPORTATION BOARD SUPPLEMENTARY INFORMATION: For each collection, Comments are requested Respondents: Customers and 60-Day Notice of Intent To Seek concerning: (a) Whether the collection stakeholders of the Board. Reinstatement Without Change: of information is necessary for the Number of Respondents, Frequency, Generic Clearance for the Collection of proper performance of the functions of Estimated Time per Response, and Total Qualitative Feedback on Agency the agency, including whether the Burden Hours: A variety of instruments Service Delivery information shall have practical utility; and platforms may be used to collect AGENCY: Surface Transportation Board. (b) the accuracy of the agency’s estimate information from respondents. The ACTION: Notice and request for of the burden of the collection of estimated annual burden hours (277) are comments. information; (c) ways to enhance the based on the number of collections we quality, utility, and clarity of the expect to conduct over the requested SUMMARY: As part of its continuing effort information to be collected; (d) ways to period for this clearance, as set forth in to reduce paperwork burdens, and as minimize the burden of the collection of the table below.

ESTIMATED ANNUAL REPORTING BURDEN

Annual Type of collection Number of frequency per Hours per Total hours respondents response response

Focus Group ...... 15 1 2 30 Comment Card/Brief Survey ...... 200 2 .17 67 Surveys ...... 150 2 .6 180

Needs and Uses: The proposed qualitative feedback we mean customer or stakeholder perceptions, information collection activity provides information that provides useful experiences, and expectations; provide a means to garner qualitative customer insights on perceptions and opinions, an early warning with issues about how and stakeholder feedback in an efficient but not statistical surveys that yield the Board provides service to the public; and timely manner, in accordance with quantitative results that can be or focus attention on areas where the Administration’s commitment to generalized to the population of study. communication, training, or changes in improving service delivery. By This feedback will provide insights into operations might improve delivery of

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products or services. These collections behavior and attitudes, religious beliefs, ADDRESSES: USTR strongly prefers will allow for ongoing, collaborative, and other matters that are commonly electronic submissions made through and actionable communications considered private. the Federal eRulemaking Portal: http:// between the Board and its customers Under the PRA, a federal agency www.regulations.gov. Follow the and stakeholders. They will also allow conducting or sponsoring a collection of instructions for submitting comments in feedback to contribute directly to the information must display a currently section III below. The docket number is improvement of program management. valid OMB control number. Comments USTR–2018–0009. For alternatives to The solicitation of feedback will target submitted in response to this notice may on-line submissions, please contact areas such as: Timeliness, be made available to the public by the Sandy McKinzy at (202) 395–9483. appropriateness, accuracy of Board. For this reason, please do not FOR FURTHER INFORMATION CONTACT: information, courtesy, efficiency of include in your comments information Mayur Patel, Associate General Counsel, service delivery, and resolution of of a confidential nature, such as at (202) 395–3150. issues with service delivery. Responses sensitive personal information or SUPPLEMENTARY INFORMATION: will be assessed to plan and inform proprietary information. If you send an efforts to improve or maintain the electronic comment (e-file or email), I. Background quality of service offered to the public. your email address is automatically USTR is providing notice that If this information is not collected, vital captured and may be accessed if your consultations have been requested feedback from customers and comments are made public. Please note pursuant to the WTO Understanding on stakeholders on the Board’s services that responses to this public comment Rules and Procedures Governing the will be unavailable. request containing any routine notice Settlement of Disputes (DSU). If these The Board will only process a about the confidentiality of the consultations do not resolve the matter, collection under this generic clearance communication will be treated as public Vietnam could request that the WTO if it meets the following conditions: comments that may be made available to establish a dispute settlement panel • The collections are voluntary; the public notwithstanding the pursuant to the DSU, which would hold • the collections are low-burden for inclusion of the routine notice. its meetings in Geneva Switzerland, and respondents (based on considerations of issue a report on its findings. total burden hours, total number of Dated: April 23, 2018. respondents, or burden-hours per Jeffrey Herzig, II. Major Issues Raised by Vietnam respondent) and are low-cost for both Clearance Clerk. On February 22, 2018, Vietnam the respondents and the Federal [FR Doc. 2018–08756 Filed 4–25–18; 8:45 am] requested consultations concerning Government; BILLING CODE 4915–01–P measures it asserts affect the import, • the collections are non- distribution, and sale of Vietnamese controversial and do not raise issues of Pangasius fish products. Vietnam’s concern to other Federal agencies; request for consultation states that the • OFFICE OF THE UNITED STATES any collection is targeted to the TRADE REPRESENTATIVE Pangasius fish that is the subject of its solicitation of opinions from request is sold as ‘‘basa,’’ ‘‘tra,’’ or respondents who have experience with [Docket Number USTR–2018–0009; Dispute ‘‘swai.’’ Specifically, Vietnam’s the program or may have experience Number WTO/DS540] consultations request describes the with the program in the near future; measures at issue in the following • personally identifiable information WTO Dispute Settlement Proceeding terms: is collected only to the extent necessary Regarding United States—Certain • Section 10016(b) of the Food, and is not retained; Measures Concerning Pangasius Conservation and Energy Act of 2008, • information gathered will be used Seafood Products From Vietnam Public Law 110–246 (the ‘‘2008 Farm only internally for general service Bill’’), amending the Federal Meat AGENCY: Office of the United States improvement and program management Inspection Act, 21 U.S.C. 601 et seq. purposes and not for release outside of Trade Representative. • Section 12106 of the Agriculture the agency; ACTION: Notice with request for Act of 2014, Public Law 113–79 (the • information gathered will not be comments. ‘‘2014 Farm Bill’’), amending section used for the purpose of substantially 1(w) of the FMIA. SUMMARY: informing influential policy decisions; On February 22, 2018, • 9 CFR Subchapter F, parts 530–551, and Vietnam requested consultations with ‘‘Mandatory Inspection of the Order • information gathered will yield the United States under the Marrakesh Siluriformes and Products Derived from qualitative information, and the Agreement Establishing the World Trade Such Fish’’ (80 FR 75589) (December 2, collections will not be designed or Organization (WTO Agreement) 2015) (the ‘‘Final Rule’’). expected to yield statistically reliable concerning measures that purportedly • The administrative applications of results or used as though the results are affect the import of Pangasius seafood section 10016(b) of the 2008 Farm Bill generalizable to the population of study. products into the United States. That and section 12106 of the 2014 Farm Bill Feedback collected under this generic request is available at www.wto.org in a as implemented by the Final Rule. clearance provides useful information, document designated as WT/DS540/1. • 9 CFR part 541, ‘‘Marks, Marketing but will not yield data that can be The Office of the United States Trade and Labeling of Products and generalized to the overall population. Representative (USTR) invites written Containers’’ (respecting fish and fish Such data uses would require more comments from the public concerning products), incorporating requirements rigorous designs than the collections the issues raised in this dispute. in 9 CFR part 317, ‘‘Labeling, Marking covered by this notice. DATES: Although USTR will accept any Devices, and Containers.’’ As a general matter, information comments received during the course of • The administrative applications of 9 collections will not result in any new the dispute settlement proceedings, you CFR part 541, including but not limited system of records containing privacy should submit your comment on or to those requirements incorporated from information and will not ask questions before May 20, 2018, to be assured of 9 CFR part 317 (see WT/DS540/1, pp. 2– of a sensitive nature, such as sexual timely consideration by USTR. 3).

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Vietnam’s consultations request states secrets or profitability, and that the DEPARTMENT OF TRANSPORTATION that these measures appear to be information would not customarily be inconsistent with the United States released to the public. Filers of Federal Aviation Administration obligations under the GATT 1994 and submissions containing business [Docket No. FAA–2017–0975] the WTO Agreement on the Application confidential information also must of Sanitary and Phytosanitary Measures submit a public version of their Agency Information Collection (SPS Agreement). Specifically, Vietnam comments. The file name of the public Activities: Submissions for OMB invokes the obligations in Articles 2.2, version should begin with the character Approval 2.3, 4.1, 5.1, 5.3, 5.6, 8, and Annex ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be AGENCY: Federal Aviation C(1)(a) of the SPS Agreement and followed by the name of the person or Article I:1 of the GATT 1994. Administration (FAA), Department of entity submitting the comments or Transportation (DOT). III. Public Comments: Requirements for rebuttal comments. If these procedures ACTION: Submissions are not sufficient to protect business 30-day notice and request for comments. USTR invites written comments confidential information or otherwise concerning the issues raised in this protect business interests, please contact SUMMARY: The Federal Aviation dispute. All submissions must be in Sandy McKinzy at (202) 395–9483 to Administration is seeking approval from English and sent electronically via discuss whether alternative the Office of Management and Budget www.regulations.gov. For alternatives to arrangements are possible. (OMB) for a renewal of the existing electronic submissions, contact Sandy USTR may determine that information Information Collection 2120–0768. As McKinzy at (202) 395–9483. or advice contained in a comment, other required by the Paperwork Reduction To submit comments via than business confidential information, Act of 1995 (PRA), the purpose of this www.regulations.gov, enter docket notice is to allow 30 days for public number USTR–2018–0009 on the home is confidential in accordance with section 135(g)(2) of the Trade Act of comment. The Information Collection page and click ‘‘search.’’ The site will was previously published in the Federal provide a search-results page listing all 1974 (19 U.S.C. 2155(g)(2)). If a submitter believes that information or Register on February 12, 2018 and documents associated with this docket. allowed 60 days for the public advice is confidential, s/he must clearly Find a reference to this notice by comment. designate the information or advice as selecting ‘‘Notice’’ under ‘‘Document The FAA proposes collecting Type’’ on the left side of the search- confidential and mark it as information related to requests to results page, and click on the link ‘‘SUBMITTED IN CONFIDENCE’’ at the operate Unmanned Aircraft Systems entitled ‘‘Comment Now!’’ For further top and bottom of the cover page and (UAS) in controlled airspace. The FAA information on using the each succeeding page, and provide a will use the collected information to www.regulations.gov website, please non-confidential summary of the make determinations whether to consult the resources provided on the information or advice. authorize or deny the requested website by clicking on ‘‘How to Use Pursuant to section 127(e) of the operation of UAS in controlled airspace. Regulations.gov’’ on the bottom of the Uruguay Round Agreements Act (19 The proposed information collection is home page. necessary to issue such authorizations The www.regulations.gov website U.S.C. 3537(e)), USTR will maintain a or denials consistent with the FAA’s allows users to provide comments by docket on this dispute settlement mandate to ensure safe and efficient use filling in a ‘‘Type Comment’’ field, or by proceeding, docket number USTR– of national airspace. attaching a document using an ‘‘Upload 2018–0009, accessible to the public at In addition, the FAA proposes File’’ field. USTR prefers that comments www.regulations.gov. The public file collecting information related to be provided in an attached document. If will include non-confidential public requests for waiver from the waivable a document is attached, it is sufficient comments USTR receives regarding the provisions of the applicable regulations. to type ‘‘See attached’’ in the ‘‘Type dispute. If a dispute settlement panel is The proposed information collection is Comment’’ field. USTR prefers convened, or in the event of an appeal necessary to determine whether the submissions in Microsoft Word (.doc) or from a panel, USTR will make the proposed operation is eligible for waiver Adobe Acrobat (.pdf). If the submission following documents publicly available consistent with the FAA’s mandate to is in an application other than those at www.ustr.gov: the U.S. submissions ensure safe and efficient use of national two, please indicate the name of the and any non-confidential summaries of airspace. application in the ‘‘Type Comment’’ submissions received from other Several comments received were field. participants in the dispute. If a dispute For any comments submitted either positive or pertained to matters settlement panel is convened, or in the not directly addressed in this electronically containing business event of an appeal from a panel, the confidential information, the file name Information Collection. report of the panel, and, if applicable, of the business confidential version DATES: Written comments should be the report of the Appellate Body, will should begin with the characters ‘‘BC’’. submitted by May 29, 2018. also be available on the website of the Any page containing business ADDRESSES: You may submit comments confidential information must be clearly World Trade Organization, at [identified by Docket No. FAA–2017– marked ‘‘BUSINESS CONFIDENTIAL’’ www.wto.org. 0975] through one of the following on the top of that page and the Juan Millan, methods: • submission should clearly indicate, via Assistant United States Trade Representative Federal eRulemaking Portal: http:// brackets, highlighting, or other means, for Monitoring and Enforcement, Office of www.regulations.gov. Follow the online the specific information that is business the U.S. Trade Representative. instructions for submitting comments. • confidential. If you request business [FR Doc. 2018–08814 Filed 4–25–18; 8:45 am] Fax: 1–202–493–2251. confidential treatment, you must certify • Mail or Hand Delivery: Docket in writing that disclosure of the BILLING CODE 3290–F8–P Management Facility, U.S. Department information would endanger trade of Transportation, 1200 New Jersey

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Avenue SE, West Building, Room W12– the requested information to determine information collected is adequate. This 140, Washington, DC 20590, between if the proposed UAS operation can be second category of comments was 9 a.m. and 5 p.m., Monday through conducted safely. substantially the same as comments that Friday, except on Federal holidays. The FAA proposes to use LAANC and ALPA submitted to the earlier Notice of FOR FURTHER INFORMATION CONTACT: a web portal to process authorization Proposed Rule Making (NPRM) that was Casey Nair, FAA’s UAS Low Altitude requests from the public to conduct part eventually implemented as a final rule Authorization and Notification 107 flight operations pursuant to at 81 FR 42063 on June 28, 2016 and Capability (LAANC) Program Manager, § 107.41. The FAA also proposes to use codified as 14 CFR part 107. Part 107 tel (202) 267–0369 or via email at the web portal to process requests from addresses ALPA’s safety concerns. The [email protected]. the public to conduct part 107 flight FAA analyzed the proposed information operations that require an operational to be collected from the public for both SUPPLEMENTARY INFORMATION: Public waiver or an airspace waiver. authorization requests and waivers and Comments Invited. You are asked to Summary of Comments: The FAA determined that the information is comment on any aspect of this received three comments during the sufficient for the FAA to meet the information collection, including (a) published public comment period that previously established requirements. whether the proposed collection of began on February 12, 2018. One Additionally, the FAA has re- information is necessary for the FAA’s commenter asserted that the process for reviewed the nine comments that were performance; (b) the accuracy of the part 107 operators to obtain received in response to the earlier estimated burden; (c) ways for the FAA authorization from ATC is overbearing published Federal Register notice for to enhance the quality, utility, and and that part 107 operators should be the emergency approval of the existing clarity of the information collection; and allowed to contact ATC directly via the Information Collection 2120–0768, (d) ways that the burden could be telephone. The large number of published on October 12, 2017 at 82 FR minimized without reducing the quality potential telephone calls (estimated at 47289. Six of these comments were of the collected information. over 200,000 from 2018 to 2020) makes positive and supported the Title: Renewal of Existing Information this proposed solution unfeasible and implementation of an automated system Collection 2120–0768. such a process would increase the to process authorization requests. Two OMB Control Number: 2120–0768. burden on part 107 operators by creating comments discussed the wait times Form Number(s): There are no FAA unreasonably long wait times for under the non-automated approval forms associated with this collection. approval and would increase process and involved the commenters’ Type of Review: Renewal of an uncertainty and inconsistency of disagreement with the requirements of information collection. authorization when ATC cannot be part 107. These comments pertain to Background: The FAA has seen reached. Under the web portal process, matters not directly addressed in this increased operations of small which processes individual requests Information Collection. The remaining Unmanned Aircraft Systems (UAS) such as the one proposed here, the wait comment made a recommendation to flying under 14 CFR part 107. Section time for a response is 90+ days. allow local emergency management 107.41 states that ‘‘no person may Another comment addressed officials to create temporary ‘‘no fly’’ operate a small unmanned aircraft in procedures for implementing Control zones to support emergency operations. Class B, Class C, or Class D airspace or and Non-Payload Communications This comment is also not directly within the lateral boundaries of the Links and does not pertain to the related to the matters addressed in this surface area of Class E airspace matters addressed in this Information Information Collection. designated for an airport unless that Collection. Affected Public: Small UAS operators person has prior authorization from Air The final comment was from the Air seeking to conduct flight operations Traffic Control (ATC).’’ Such Line Pilots Association, International under 14 CFR part 107 either within authorization may be obtained in the (ALPA), which addressed a number of controlled airspace or that require form of either an airspace authorization issues, grouped in two main categories. waiver from certain provisions of part issued by the FAA or a waiver of the First, ALPA commented that the use of 107. authorization requirements of 14 CFR LAANC and the web portal to process Frequency of Submission: The 107.41 (airspace waiver). Additionally, authorization requests to conduct part requested information will need to be operators may request waivers of the 107 flight operations in controlled provided each time a respondent other operational requirements listed in airspace has not been subject to requests an airspace authorization to § 107.205 (operational waivers). sufficient safety risk evaluation. Both operate a small UAS under 14 CFR part In order to process authorization and LAANC and the web portal are 107 in controlled airspace. A airspace waiver requests, the FAA administrative systems. Neither respondent may reduce the frequency requires the operator’s name, the introduce change to the NAS enterprise by seeking and obtaining an airspace operator’s contact information, and architecture or any alteration to any waiver to conduct recurring operations. information related to the date, place, established FAA processes including For requests for operational waivers, a and time of the requested small UAS those that involve safety. LAANC and respondent will only need to provide operation. This information is necessary the web portal provide another means the information once at the time of the for the FAA to meet its statutory for part 107 operators to comply with request for waiver. If granted, mandate of maintaining a safe and part 107’s established requirements and operational waivers may be valid for up efficient national airspace. See 49 U.S.C. safety processes. Both LAANC and the to four (4) years. 40103 and 44701; Public Law 112–95, web portal are in alignment with part Number of Respondents: Between Section 333. 107. 2018–2020, the FAA estimates it will Additionally, if the operator is Second, ALPA commented that the receive a total of 203,116 requests for seeking an operational waiver from one FAA has not determined through its airspace authorizations, 24,721 requests of the other regulations listed in 14 CFR SMS process the risk that UAS for airspace waivers, and 15,169 107.205, further information is required operating in controlled airspace requests for operational waivers. The related to the proposed waiver and any introduce to the NAS and, therefore, FAA has increased the estimated necessary mitigations. The FAA will use ALPA is unable to determine if the number of requests for airspace

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authorizations to 203,116 from the Mr. Robert Brogan, Information FRA to enhance the quality, utility, and 160,766 that was estimated in the Collection Clearance Officer, Office of clarity of the information being published 60-Day Notice due to the Railroad Safety, Regulatory Analysis collected; and (4) ways for FRA to change in the forecast of UAS growth Division, RRS–21, Federal Railroad minimize the burden of information that was published in the FAA Administration, 1200 New Jersey collection activities on the public, Aerospace Forecast for Fiscal Years Avenue SE, Room W33–497, including the use of automated 2018–2038. Washington, DC 20590; or Ms. Kim collection techniques or other forms of Total Annual Burden: The FAA Toone, Information Collection Clearance information technology. See 44 U.S.C. estimates that the annual burden hours Officer, Office of Information 3506(c)(2)(A); 5 CFR 1320.8(d)(1). on respondents will be 11,948 hours Technology, RAD–20, Federal Railroad FRA believes that soliciting public (4,173 hours for LAANC respondents Administration, 1200 New Jersey comment will promote its efforts to and 7,775 hours for web portal Avenue SE, Room W34–212, reduce the administrative and respondents) for airspace Washington, DC 20590. Commenters paperwork burdens associated with the authorizations, 4,120 hours for airspace requesting FRA to acknowledge receipt collection of information that Federal waivers, and 3,286 hours for operational of their respective comments must regulations mandate. In summary, FRA waivers. The estimated total annual include a self-addressed stamped reasons that comments received will burden hours increased from the 9,953 postcard stating, ‘‘Comments on OMB advance three objectives: (1) Reduce hours published in the 60-Day Notice to Control Number 2130–0505,’’ and reporting burdens; (2) organize 11,948 hours due to the change in the should also include the title of the ICR. information collection requirements in a forecast of UAS growth that was Alternatively, comments may be faxed ‘‘user-friendly’’ format to improve the published in the FAA Aerospace to (202) 493–6216 or (202) 493–6497, or use of such information; and (3) Forecast for Fiscal Years 2018–2038. emailed to Mr. Brogan at accurately assess the resources Under 44 U.S.C. 3507(a) and 5 CFR [email protected], or Ms. Toone at expended to retrieve and produce 1320.5(b), 1320.8(b)(3)(vi), FAA informs [email protected]. Please refer to the information requested. See 44 U.S.C. all interested parties that it may not assigned OMB control number in any 3501. conduct or sponsor, and a respondent is correspondence submitted. FRA will The summary below describes the ICR not required to respond to, a collection summarize comments received in that FRA will submit for OMB clearance of information unless it displays a response to this notice in a subsequent as the PRA requires: currently valid OMB control number. notice and include them in its Title: Inspection and Maintenance of Authority: 44 U.S.C. 3501–3520. information collection submission to Steam Locomotives (Formerly Steam OMB for approval. Locomotive Inspection). Issued in Washington, DC, on April 20, FOR FURTHER INFORMATION CONTACT: Mr. OMB Control Number: 2130–0505. 2018. Abstract: The Locomotive Boiler Robert Brogan, Information Collection Casey Nair, Inspection Act (LBIA) of 1911 required Clearance Officer, Office of Railroad UAS LAANC Program Manager. each railroad subject to the Act to file Safety, Regulatory Analysis Division, [FR Doc. 2018–08707 Filed 4–25–18; 8:45 am] copies of its rules and instructions for RRS–21, Federal Railroad the inspection of locomotives. The BILLING CODE 4910–13–P Administration, 1200 New Jersey original LBIA was expanded to cover all Avenue SE, Room W33–497, steam locomotives and tenders, and all Washington, DC 20590 (telephone: (202) DEPARTMENT OF TRANSPORTATION their parts and appurtenances. As 493–6292) or Ms. Kim Toone, amended, this Act requires carriers to Information Collection Clearance Federal Railroad Administration make inspections and to repair defects Officer, Office of Information to ensure the safe operation of steam [Docket No. FRA–2017–0008–N–3] Technology, RAD–20, Federal Railroad locomotives. Currently, the collection of Administration, 1200 New Jersey Proposed Agency Information information is used primarily by tourist Avenue SE, Room W34–212, Collection Activities; Comment or historic railroads and by locomotive Washington, DC 20590 (telephone: (202) Request owners/operators to provide a record for 493–6132). each day a steam locomotive is placed AGENCY: Federal Railroad SUPPLEMENTARY INFORMATION: The PRA, in service, as well as a record that the Administration (FRA), U.S. Department 44 U.S.C. 3501–3520, and its required steam locomotive inspections of Transportation (DOT). implementing regulations, 5 CFR part are completed. The collection of ACTION: Notice of information collection; 1320, require Federal agencies to information is also used by FRA and request for comment. provide 60-days’ notice to the public to State rail safety inspectors to verify that allow comment on information necessary safety inspections and tests SUMMARY: Under the Paperwork collection activities before seeking OMB Reduction Act of 1995 (PRA) and its have been completed and to ensure that approval of the activities. See 44 U.S.C. steam locomotives are indeed ‘‘safe and implementing regulations, FRA seeks 3506, 3507; 5 CFR 1320.8–12. approval of the Information Collection suitable’’ for service and are properly Specifically, FRA invites interested operated and maintained. Request (ICR) abstracted below. Before parties to comment on the following ICR submitting this ICR to the Office of Type of Request: Extension without regarding: (1) Whether the information Change of a Currently Approved Management and Budget (OMB) for collection activities are necessary for approval, FRA is soliciting public Information Collection. FRA to properly execute its functions, Affected Public: Businesses. comment on specific aspects of the including whether the activities will Form(s): FRA–1, FRA–2, FRA–3, activities identified below. have practical utility; (2) the accuracy of FRA–4, FRA–5. DATES: Interested persons are invited to FRA’s estimates of the burden of the Respondent Universe: 82 Steam submit comments on or before June 25, information collection activities, Locomotive Owners/Operators. 2018. including the validity of the Frequency of Submission: On ADDRESSES: Submit written comments methodology and assumptions used to occasion; annually. on the ICR activities by mail to either: determine the estimates; (3) ways for Reporting Burden:

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Respondent Total annual Average time Total annual CFR section universe responses per response burden hours

230.6—Waivers ...... 82 owners/oper- 2 waiver letters 1 hour ...... 2 ators. 230.12—Conditions for movement—Non-Complying Locomotives ...... 82 owners/oper- 10 tags ...... 6 minutes ...... 1 ators. 230.14—31 Service Day Inspection—Notifications ...... 82 owners/oper- 120 reports ...... 860 minutes ...... 1,720 ators. 120 notifications 5 minutes ...... 10 82 owners/oper- ators. 230.15—92 Service Day Inspection—Form 1 ...... 82 owners/oper- 120 reports ...... 980 minutes ...... 1,960 ators. 230.16—Annual Inspection—Form 3—Notifications ...... 82 owners/oper- 120 reports ...... 24.5 hours ...... 2,940 ators. 120 notifications 5 minutes ...... 10 82 owners/oper- ators. 230.17—1,472 Service Day Inspection—Form 4 ...... 82 owners/oper- 12 forms ...... 500.5 hours ...... 6,006 ators. 230.6—Waivers ...... 82 owners/oper- 2 waiver letters 1 hour ...... 2 ators. 230.12—Conditions for movement—Non-Complying Locomotives ...... 82 owners/oper- 10 tags ...... 6 minutes ...... 1 ators. 230.20—Alteration Reports—Boilers—Form 19 ...... 82 owners/oper- 5 reports ...... 3 hours ...... 15 ators. 230.21—Steam Locomotive Number Change ...... 82 owners/oper- 1 document ...... 2 minutes ...... 033 ators. 230.33—Welded Repairs/Alterations—Written Request to FRA for Ap- 82 owners/oper- 5 letters ...... 2 hours ...... 10 proval—Unstayed Surfaces. ators. 3 letters ...... 2 hours ...... 6 82 owners/oper- ators. 230.34—Riveted Repairs/Alterations ...... 82 owners/oper- 2 requests ...... 2 hours ...... 4 ators. 230.49—Setting of Safety Relief Valves ...... 82 owners/oper- 10 tags ...... 60 minutes ...... 10 ators. 230.96—Main, Side, and Valve Motion Rods ...... 82 owners/oper- 1 letter ...... 8 hours ...... 8 ators.

Record Keeping Requirements

230.13—Daily Inspection Reports—Form 2 ...... 82 owners/oper- 3,650 reports .... 60 minutes ...... 3,650 ators. 230.17—1,472 Service Day Inspection—Form 3 ...... 82 owners/oper- 12 reports ...... 15 minutes ...... 3 ators. 230.18—Service Day Report: Form 5 ...... 82 owners/oper- 150 reports ...... 15 minutes ...... 38 ators. 230.19—Posting of Copy—Form 1 & 3 ...... 82 owners/oper- 300 forms ...... 5 minutes ...... 25 ators. 230.41—Flexible Stay Bolts with Caps ...... 82 owners/oper- 20 entries ...... 120 hours ...... 2,400 ators. 230.46—Badge Plates ...... 82 owners/oper- 3 reports ...... 2 hours ...... 6 ators. 230.47—Boiler Number ...... 82 owners/oper- 1 stamping ...... 60 minutes ...... 1 ators. 230.75—Stenciling Dates of Tests and Cleaning ...... 82 owners/oper- 50 tests ...... 30 minutes ...... 25 ators. 230.98—Driving, Trailing, and Engine Truck Axles—Journal Diameter 82 owners/oper- 1 stamp ...... 15 minutes ...... 25 Stamped. ators. 230.116—Oil Tanks ...... 82 owners/oper- 30 stencils ...... 30 minutes ...... 15 ators.

Total Estimated Annual Responses: Authority: 44 U.S.C. 3501–3520. DEPARTMENT OF TRANSPORTATION 4,868. Brett Andrew Jortland, National Highway Traffic Safety Total Estimated Annual Burden: Acting Deputy Chief Counsel. Administration 18,865 hours. [FR Doc. 2018–08789 Filed 4–25–18; 8:45 am] Under 44 U.S.C. 3507(a) and 5 CFR BILLING CODE 4910–06–P [Docket No. NHTSA–2017–0106] 1320.5(b), 1320.8(b)(3)(vi), FRA informs all interested parties that it may not Notice and Request for Comments conduct or sponsor, and a respondent is not required to respond to, a collection AGENCY: National Highway Traffic of information unless it displays a Safety Administration (NHTSA), currently valid OMB control number. Department of Transportation (DOT).

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ACTION: Notice and request for will be assessed to plan and inform collection, and any testing procedures comments. efforts to improve or maintain the that were or will be undertaken prior to quality of service offered to the public. fielding the study. Depending on the SUMMARY: In compliance with the If this information is not collected, vital degree of influence the results are likely Paperwork Reduction Act of 1995. The feedback from customers and to have, such collections may still be notice announces that the Information stakeholders on the Agency’s services eligible for submission for other generic Collection Request (ICR) abstracted will be unavailable. mechanisms that are designed to yield below will be forwarded to the Office of The Agency will only submit a quantitative results. Management and Budget (OMB) for collection for approval under this As a general matter, information review and comments. A Federal generic clearance if it meets the collections will not result in any new Register Notice with a 60-day comment following conditions: system of records containing privacy period soliciting comments on the • The collections are voluntary; information and will not ask questions following information collection was • The collections are low-burden for of a sensitive nature, such as sexual published on January 9, 2018. respondents (based on considerations of behavior and attitudes, religious beliefs, DATES: Comments must be submitted on total burden hours, total number of and other matters commonly considered or before May 29, 2018. respondents, or burden-hours per private. ADDRESSES: Send comments regarding respondent) and are low-cost for both Affected Public: Individuals and the burden estimate, including the respondents and the Federal Households, Businesses and Government; Organizations, State, Local or Tribal suggestions for reducing the burden, to • the Office of Management and Budget, The collections are non- Government. Attention: Desk Officer for the Office of controversial and do not raise issues of Frequency: Once per request. the Secretary of Transportation, 725 concern to other Federal agencies; Number of Respondents: 113,582. • Estimated Annual Burden Hours: 17th Street NW, Washington, DC 20503. Any collection is targeted to the solicitation of opinions from 20,204. FOR FURTHER INFORMATION CONTACT: respondents who have experience with ADDRESSES: Send comments regarding Walter Culbreath, Office of Chief the program or may have experience the burden estimate, including Information Officer, National Highway with the program in the near future; suggestions for reducing the burden, to Traffic Safety Administration, 1200 New • Personally identifiable information the Office of Management and Budget, Jersey Ave. SE, W51–316, Washington, (PII) is collected only to the extent Attention: Desk Officer for the Office of DC 20590. Walter Culbreath’s phone necessary and is not retained; the Secretary of Transportation, 725 number is 202–366–1566. • Information gathered is intended to 17th Street NW, Washington, DC 20503. SUPPLEMENTARY INFORMATION: be used only internally for general Comments are invited on: Whether Title: Generic Clearance for the service improvement and program the proposed collection of information Collection of Qualitative Feedback on management purposes and is not is necessary for the proper performance Agency Service Delivery. intended for release outside of the of the functions of the Department, OMB Control Number: 2127–0682. agency (if released, the agency must including whether the information will Title: Generic Clearance for the indicate the qualitative nature of the have practical utility; the accuracy of Collection of Qualitative Feedback on information); the Department’s estimate of the burden Agency Service Delivery. • Information gathered will not be of the proposed information collection; Type of Request: Extension of a used for the purpose of substantially ways to enhance the quality, utility and currently approved collection. informing influential policy decisions; clarity of the information to be Abstract: The proposed information and collected; and ways to minimize the collection activity provides a means to • Information gathered will yield burden of the collection of information garner qualitative customer and qualitative information; the collections on respondents, including the use of stakeholder feedback in an efficient, will not be designed or expected to automated collection techniques or timely manner, in accordance with the yield statistically reliable results or used other forms of information technology. Administration’s commitment to as though the results are generalizable to Authority: The Paperwork Reduction Act improving service delivery. the population of study. of 1995; 44 U.S.C. Chapter 35, as amended; This feedback will provide insights Feedback collected under this generic and 49 CFR 1:48. into customer or stakeholder clearance provides useful information, perceptions, experiences and but it does not yield data that can be Kevin J. Mahoney, expectations, provide an early warning generalized to the overall population. Director, Office of Information Technology. of issues with service, or focus attention This type of generic clearance for [FR Doc. 2018–08753 Filed 4–25–18; 8:45 am] on areas where communication, training qualitative information will not be used BILLING CODE 4910–59–P or changes in operations might improve for quantitative information collections delivery of products or services. These that are designed to yield reliably collections will allow for ongoing, actionable results, such as monitoring DEPARTMENT OF THE TREASURY collaborative and actionable trends over time or documenting communications between the Agency program performance. Such data uses Internal Revenue Service and its customers and stakeholders. It require more rigorous designs that will also allow feedback to contribute address: The target population to which Advisory Group to the Internal directly to the improvement of program generalizations will be made, the Revenue Service Tax Exempt and management. sampling frame, the sample design Government Entities Division (TE/GE); The solicitation of feedback will target (including stratification and clustering), Meeting areas such as: Timeliness, the precision requirements or power AGENCY: Internal Revenue Service (IRS); appropriateness, accuracy of calculations that justify the proposed Tax Exempt and Government Entities information, courtesy, efficiency of sample size, the expected response rate, Division, Treasury. service delivery, and resolution of methods for assessing potential non- ACTION: Notice. issues with service delivery. Responses response bias, the protocols for data

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SUMMARY: The Advisory Committee on DEPARTMENT OF THE TREASURY Estimated Total Annual Burden Tax Exempt and Government Entities Hours: 1. (ACT) will hold a public meeting on Agency Information Collection 2. Title: Currency Transaction Thursday, June 7, 2018. Activities; Submission for OMB Reports. Review; Comment Request; Multiple OMB Control Number: 1506–0004. FOR FURTHER INFORMATION CONTACT: Financial Crimes Enforcement Network Type of Review: Extension without Mark O’Donnell, TE/GE Information Collection Requests change of a currently approved Communications and Liaison; 1111 collection. AGENCY: Constitution Ave. NW; SE:T:GESS:CL– Departmental Offices, U.S. Abstract: Financial institutions file NCA 676; Washington, DC 20224. Email Department of the Treasury. Form 112 (See 1506–0064) for currency address: [email protected]. ACTION: Notice. transactions in excess of $10,000 a day pursuant to 31 U.S.C. 5313(a) and 31 SUPPLEMENTARY INFORMATION: By notice SUMMARY: The Department of the CFR 1010.311a)(b). The form is used by herein given, pursuant to section Treasury will submit the following criminal investigators, and taxation and 10(a)(2) of the Federal Advisory information collection requests to the regulatory enforcement authorities, Committee Act, 5 U.S.C. App. (1988), a Office of Management and Budget during the course of investigations public meeting of the ACT will be held (OMB) for review and clearance in involving financial crimes. This action on Thursday, June 7, 2018, from accordance with the Paperwork renews the regulation only. 2:00 p.m. to 4:00 p.m., at the Internal Reduction Act of 1995, on or after the date of publication of this notice. The Form: FinCEN Form 112. Revenue Service; 1111 Constitution Affected Public: Businesses or other Ave. NW; Room 3313; Washington, DC. public is invited to submit comments on these requests. for-profits. Issues to be discussed relate to Estimated Total Annual Burden Employee Plans, Exempt Organizations DATES: Comments should be received on Hours: 1. and Government Entities. Reports from or before May 29, 2018 to be assured of 3. Title: Suspicious Activity Report by five ACT subgroups cover the following consideration. Insurance Companies. topics: ADDRESSES: Send comments regarding OMB Control Number: 1506–0029. the burden estimate, or any other aspect Type of Review: Extension without • Recommendations Regarding Re- of the information collection, including change of a currently approved Opening the Determination Letter suggestions for reducing the burden, to collection. Program in Certain Circumstances (1) Office of Information and Regulatory Abstract: 31 CFR 1025.320 requires • Recommendations Regarding Missing Affairs, Office of Management and insurance companies to report Participants Budget, Attention: Desk Officer for suspicious activities to the Financial • Recommendations Regarding Treasury, New Executive Office Crimes Enforcement Network. FinCEN Building, Room 10235, Washington, DC Form 111 is an aid to this required Incentivizing Universal E-Filing for _ Form 990 20503, or email at OIRA Submission@ reporting providing the filer with a OMB.EOP.gov and (2) Treasury PRA • guide in completing this reporting Recommendations Regarding IRS Clearance Officer, 1750 Pennsylvania requirement. The form is used by Sharing of Taxpayer Information with Ave. NW, Suite 8142, Washington, DC criminal investigators, and taxation and Tribal Government Tax Programs 20220, or email at [email protected]. regulatory enforcement authorities, • Recommendations to Encourage Self FOR FURTHER INFORMATION CONTACT: during the course of investigations Compliance by Issuers of Tax- Copies of the submissions may be involving financial crimes. This action Advantaged Obligations obtained from Jennifer Quintana by renews the regulation only. emailing [email protected], calling Form: FinCEN 111. Last minute agenda changes may (202) 622–0489, or viewing the entire Affected Public: Businesses or other preclude advance notice. Due to limited information collection request at for-profits. seating and security requirements, www.reginfo.gov. Estimated Total Annual Burden attendees need to email attendance Hours: 1. request to [email protected] SUPPLEMENTARY INFORMATION: Authority: 44 U.S.C. 3501 et seq. by May 28, 2018. Attendees are Financial Crimes Enforcement Network encouraged to arrive at least 30 minutes (FinCEN) Dated: April 23, 2018. before the meeting begins to allow Spencer W. Clark, 1. Title: Suspicious Activity Report by Treasury PRA Clearance Officer. sufficient time for security clearance. Depository Institutions. Photo identification must be presented. OMB Control Number: 1506–0001. [FR Doc. 2018–08770 Filed 4–25–18; 8:45 am] Please use the main entrance at 1111 Type of Review: Extension without BILLING CODE 4810–02–P Constitution Ave. NW to enter the change of a currently approved building. Should you wish the ACT to collection. consider a written statement, please Abstract: Under 31 CFR 1020.320, DEPARTMENT OF THE TREASURY write to: Internal Revenue Service; 1111 FinCEN requires depository institutions, Constitution Ave. NW; SE:T:GESS:CL– to report on a consolidated form, to a Agency Information Collection NCA 676, Washington, DC 20224, or single location, reports of suspicious Activities; Submission for OMB email [email protected]. transactions. The form is used by Review; Comment Request; Treasury International Capital Form SLT— Dated: April 20, 2018. criminal investigators, and taxation and regulatory enforcement authorities, Aggregate Holdings of Long-Term Mark F. O’Donnell, during the course of investigations Securities by U.S. and Foreign Designated Federal Officer, Tax Exempt and involving financial crimes. This action Residents Government Entities Division, Internal renews the regulation only. AGENCY: Revenue Service. Departmental Offices, U.S. Form: FinCEN 111. Department of the Treasury. [FR Doc. 2018–08734 Filed 4–25–18; 8:45 am] Affected Public: Businesses or other ACTION: Notice. BILLING CODE 4830–01–P for-profits.

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SUMMARY: The Department of the advisors/sponsors) in long-term foreign Director, Regulation Policy and Treasury will submit the following securities. Management (00REG), Department of information collection requests to the Form: Form SLT. Veterans Affairs, 810 Vermont Ave. NW, Office of Management and Budget Affected Public: Businesses or other Room 1064, Washington, DC 20420; or (OMB) for review and clearance in for-profits. by fax to (202) 273–9026 (not a toll-free accordance with the Paperwork Estimated Total Annual Burden number). Comments should indicate Reduction Act of 1995, on or after the Hours: 38,586. that they are submitted in response to a date of publication of this notice. The Authority: 44 U.S.C. 3501 et seq. CMA between the IRS and VBA for public is invited to submit comments on Dated: April 23, 2018. DIFSLA. Copies of comments received these requests. will be available for public inspection in Spencer W. Clark, DATES: Comments should be received on the Office of Regulation Policy and Treasury PRA Clearance Officer. or before May 29, 2018 to be assured of Management, Room 1063B, between the consideration. [FR Doc. 2018–08771 Filed 4–25–18; 8:45 am] hours of 8:00 a.m. and 4:30 p.m., BILLING CODE 4810–25–P ADDRESSES: Send comments regarding Monday through Friday (except the burden estimate, or any other aspect holidays). Please call (202) 461–4902 for of the information collection, including an appointment. (This is not a toll-free suggestions for reducing the burden, to DEPARTMENT OF VETERANS number.) In addition, comments may be (1) Office of Information and Regulatory AFFAIRS viewed online at www.Regulations.gov. FOR FURTHER INFORMATION CONTACT: Affairs, Office of Management and Privacy Act of 1974; Matching Program Budget, Attention: Desk Officer for Nancy C. Williams, Pension Analyst, Treasury, New Executive Office AGENCY: Department of Veterans Affairs Pension and Fiduciary Service (21P), Building, Room 10235, Washington, DC (VA). Department of Veterans Affairs, 810 20503, or email at OIRA_Submission@ ACTION: Notice of a new matching Vermont Ave. NW, Washington, DC OMB.EOP.gov and (2) Treasury PRA program. 20420, (202) 461–8394. Clearance Officer, 1750 Pennsylvania SUPPLEMENTARY INFORMATION: CMA Ave. NW, Suite 8142, Washington, DC SUMMARY: This re-established computer between VA and IRS DIFSLA, expires 20220, or email at [email protected]. matching agreement (CMA) sets forth June 30, 2018. VBA has a legal FOR FURTHER INFORMATION CONTACT: the terms, conditions, and safeguards obligation to reduce the amount of Copies of the submissions may be under which the Internal Revenue pension and of parents’ dependency and obtained from Jennifer Quintana by Service (IRS) will disclose return indemnity compensation by the amount emailing [email protected], calling information, relating to unearned of annual income received by the VBA (202) 622–0489, or viewing the entire income, to the Department of Veterans beneficiary. VA will use this information collection request at Affairs (VA), Veterans Benefits information to verify the income www.reginfo.gov. Administration (VBA) for the Disclosure information submitted by beneficiaries of Information to Federal, State and SUPPLEMENTARY INFORMATION: in VA’s needs-based benefit programs Local Agencies (DIFSLA). The purpose and adjust VA benefit payments as Departmental Offices (DO) of this CMA is to make available to VBA prescribed by law. By comparing the certain return information needed to Title: Treasury International Capital information received through the determine eligibility for, and amount of Form SLT—Aggregate Holdings of Long- matching program between VBA and benefits for, VBA applicants and Term Securities by U.S. and Foreign IRS, VBA will be able to timely and beneficiaries of needs-based benefits, Residents. accurately adjust benefit amounts. The OMB Control Number: 1505–0235. and to adjust income-dependent benefit match information will help VBA Type of Review: Extension without payments, as prescribed by law. minimize overpayments and deter fraud change of a currently approved Currently, the most cost effective and and abuse. collection. efficient way to verify annual income of The legal authority to conduct this Abstract: Form SLT is part of the applicants, and recipients of these match is 38 U.S.C. 5106, which requires Treasury International Capital (TIC) benefits, is through a computer match. any Federal department or agency to reporting system, which is required by DATES: Comments on this matching provide VA such information as VA law (22 U.S.C. 286f; 22 U.S.C. 3103; E.O. notice must be received no later than 30 requests for the purposes of determining 10033; 31 CFR part 128) for the purpose days after date of publication in the eligibility for benefits, or verifying other of providing timely information on Federal Register. If no public comments information with respect to payment of international capital movements. Form are received during the period allowed benefits. SLT is used to collect monthly data on for comment, the re-established The VA records involved in the match cross-border ownership by U.S. and agreement will become effective July 1, are in ‘‘Compensation, Pension, foreign residents of long-term securities 2018, provided it is a minimum of 30 Education, and Vocational and for portfolio investment purposes. These days after the publication date. If VA Rehabilitation and Employment data is used by the U.S. Government in receives public comments, VA shall Records—VA (58 VA 21/22/28),’’ a the formulation of international and review the substance of the comments to system of records which was first financial policies and for the determine whether or not VA needs to published at 41 FR 9294 (March 3, preparation of the U.S. balance of take other actions. The CMA will be 1976), amended and republished in its payments accounts and the U.S. effective 30 days after the publication entirety at 77 FR 42593 (July 19, 2012). international investment position. Form date even, if public comments are The IRS records consist of SLT is filed by U.S.-resident custodians, received. This matching program will be information from the system records U.S.-resident issuers of long-term valid for 18 months from the effective identified as will extract return securities, and U.S.-resident end- date of this notice. information with respect to unearned investors (including endowments, ADDRESSES: Written comments may be income of the VBA applicant or foundations, pension funds, mutual submitted through www.Regulations. beneficiary and (when applicable) of funds, and other investment managers/ gov; by mail or hand-delivery to such individual’s spouse from the

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Information Return Master File (IRMF), VBA applicant or beneficiary and (when DATES: Comments on this match must be Treasury/IRS 22.061, at 80 FR 54081– applicable) of such individual’s spouse received no later than 30 days after date 082 (September 8, 2015). from the Information Return Master File of publication in the Federal Register. If In accordance with the Privacy Act, 5 (IRMF), Treasury/IRS 22.061, as no public comment is received during U.S.C. 552a(o)(2) and (r), copies of the published at 80 FR 54081–082 the period allowed for comment or agreement are being sent to both Houses (September 8,2015). unless otherwise published in the of Congress and to the Office of Federal Register by VA, the match will Management and Budget. This notice is SIGNING AUTHORITY: become effective 30 days after date of provided in accordance with the The Senior Agency Official for publication in the Federal Register. If provisions of Privacy Act of 1974 as Privacy, or designee, approved this VA receives public comments, VA shall amended by Public Law 100–503. document and authorized the review the comments to determine undersigned to sign and submit the whether any changes to the notice are PARTICIPATING AGENCIES: document to the Office of the Federal necessary. This matching program will The Internal Revenue Service (IRS). Register for publication electronically as continue to be in effect for 18 months. an official document of the Department AUTHORITY FOR CONDUCTING THE MATCHING At the expiration of 18 months after the PROGRAM: of Veterans Affairs. John Oswalt, commencing date, the Departments may Executive Director for Privacy, The Privacy Act, 5 U.S.C. § 552a, and renew the agreement for another 12 Department of Veterans Affairs 38 U.S.C. § 6103 authorize VA to enter months. approved this document on March 7, into this CMA with IRS. 2018 for publication. ADDRESSES: Written comments may be PURPOSE(S): submitted through Dated: April 23, 2018. www.Regulations.gov; by mail or hand- To re-establish a CMA with IRS to Kathleen M. Manwell, delivery to Director, Regulation Policy provide VBA with certain return Program Analyst, VA Privacy Service, Office and Management (00REG), Department information needed to determine of Privacy Information and Identity of Veterans Affairs, 810 Vermont Ave. eligibility for and amount of benefits for Protection, Office of Quality, Privacy and NW, Room 1064, Washington, DC VBA applicants and beneficiaries of Risk, Office of Information and Technology, 20420; or by fax to (202) 273–9026 (not needs-based benefits and to adjust Department of Veterans Affairs. a toll-free number). Comments should income-dependent benefit payments as [FR Doc. 2018–08745 Filed 4–25–18; 8:45 am] indicate that they are submitted in prescribed by law. BILLING CODE 8320–01–P response to CMA VBA/DoD MGIB. All CATEGORIES OF INDIVIDUALS: comments received will be available for Veterans and beneficiaries who apply DEPARTMENT OF VETERANS public inspection in the Office of for VA income benefits. AFFAIRS Regulation Policy and Management, Room 1063B, between the hours of 8:00 CATEGORIES OF RECORDS: Privacy Act of 1974: Matching Program a.m. and 4:30 p.m., Monday through VBA will furnish the IRS with records Friday (except holidays). Please call in accordance with the current IRS AGENCY: Department of Veterans Affairs. (202) 461–4902 (this is not a toll-free Publication 3373, DIFSLA Handbook. ACTION: Notice of a new computer number) for an appointment. The requests from VBA will include: matching program. FOR FURTHER INFORMATION CONTACT: Eric The Social Security Number (SSN) and Patterson, Strategy, Legislative name Control (first four characters of the SUMMARY: Notice is hereby given that the Department of Veterans Affairs (VA) Development and Implementation surname) for each individual for whom Chief, Education Service, Veterans unearned income information is intends to conduct a recurring computer matching program. This will match Benefits Administration, Department of requested. IRS will provide a response Veterans Affairs, 810 Vermont Avenue record for each individual identified by personnel records of the Department of Defense (DoD) with VA records of NW, Washington, DC 20420, (202) 461– VBA. The total number of records will 9830. be equal to or greater than the number benefit recipients under the of records submitted by VBA. In some Montgomery GI Bill—Active Duty, SUPPLEMENTARY INFORMATION: This instances, an individual may have more Montgomery GI Bill—Selected Reserve, information is required by paragraph 6c than one record on file. When there is Post-9/11 GI Bill, and Reserve of the ‘‘Guidelines on the Conduct of a match of individual SSN and name Educational Assistance Program. The Matching Programs’’ issued by OMB (54 control, IRS will disclose the following goal of these matches is to identify the FR 25818), as amended by OMB to VBA: Payee account number; payee eligibility status of veterans, Circular A–130, 65 FR 77677 (2000). name and mailing address; payee TIN; servicemembers, and reservists who The current matching agreement with payer name and address; payer TIN; and have applied for or who are receiving the Department of Defense (DoD) income type and amount. education benefit payments under the expires March 27, 2018. The legal Montgomery GI Bill—Active Duty, authority to conduct this match is 38 SYSTEM(S) OF RECORDS: Montgomery GI Bill—Selected Reserve, U.S.C. 5106, which requires any Federal VBA records involved in this match Post-9/11 GI Bill, and Reserve department or agency to provide VA are in ‘‘VA Compensation, Pension, Educational Assistance Program. The such information as VA requests for the Education, and Vocational purpose of the match is to enable VA to purposes of determining eligibility for Rehabilitation and Employment verify that individuals meet the benefits, or verifying other information Records—VA’’ (58 VA 21/22/28), a conditions of military service and with respect to payment of benefits. A system of records that was first eligibility criteria for payment of copy of the notice has been provided to published at 41 FR 9294 (March 3, benefits determined by VA under the both Houses of Congress and OMB. The 1976), amended and republished in its Montgomery GI Bill—Active Duty, matching program is subject to their entirety at 77 FR 42593 (July 19, 2012). Montgomery GI Bill—Selected Reserve, review. IRS will extract return information Post-9/11 GI Bill, and Reserve Participating Agencies: This computer with respect to unearned income of the Educational Assistance Program. match is between the Department of

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Veterans Affairs (VA) and the Register for publication electronically as and Management (00REG), Department Department of Defense (DoD). an official document of the Department of Veterans Affairs, 810 Vermont Ave. Authority for Conducting the of Veterans Affairs. John Oswalt, NW, Room 1064, Washington, DC Matching Program: The authority to Executive Director for Privacy, 20420; or by fax to (202) 273–9026 (not conduct this match is the Privacy Act, Department of Veterans Affairs a toll-free number). Comments should 5 U.S.C. 552a and 38 U.S.C. 3684A(a)(1). approved this document on March 19, indicate that they are submitted in Purpose(s): This agreement 2018 for publication. response to SSA–VA/VHA CMA #1052. establishes the conditions under which Dated: April 23, 2018. Copies of comments received will be the Department of Defense (DoD) agrees Kathleen M. Manwell, available for public inspection in the to disclose information regarding Office of Regulation Policy and eligibility to education benefits under Program Analyst, VA Privacy Service, Office of Privacy Information and Identity Management, Room 1063B, between the the Montgomery GI Bill, Reserve Protection, Office of Quality, Privacy and hours of 8:00 a.m. and 4:30 p.m., Educational Assistance Program, and Risk, Office of Information and Technology, Monday through Friday (except the Post-9/11 GI Bill to the Department Department of Veterans Affairs. holidays). Please call (202) 461–4902 for of Veterans Affairs (VA). The purpose of [FR Doc. 2018–08747 Filed 4–25–18; 8:45 am] an appointment. (This is not a toll-free this computer matching program BILLING CODE 8320–01–P number.) In addition, comments may be between VA and DoD is to verify that viewed online at www.Regulations.gov. individuals meet the conditions of FOR FURTHER INFORMATION CONTACT: military service and eligibility criteria DEPARTMENT OF VETERANS LeRoy F. Garcia, Acting Director, Health for payment of benefits determined by AFFAIRS Eligibility Center (HEC), (404) 848–5300 VA under four enacted programs. (this is not a toll free number). Categories of Individuals: Veterans, Privacy Act of 1974; Matching Program Servicemembers, Reservists and SUPPLEMENTARY INFORMATION: The Dependents. AGENCY: Department of Veterans Affairs Department of Veterans Affairs has Categories of Records: Department of (VA). statutory authorization under 38 U.S.C. Defense (DoD), as the source agency, ACTION: Notice of a new matching 5317, 38 U.S.C. 5106, 26 U.S.C. will provide to VA the eligibility program. 6103(l)(7)(D)(viii) and 5 U.S.C. 552a to records on DoD individuals consisting establish matching agreements and SUMMARY: Pursuant to 5 U.S.C. 552a, the of data elements which contains specific request and use income information Privacy Act of 1974, as amended, and data relating to the requirements for from other agencies for purposes of the Office of Management and Budget eligibility including data on member verification of income for determining (OMB) Guidelines on the Conduct of contribution amounts, service periods, eligibility for benefits. 38 U.S.C. Matching Programs, notice is hereby and transfer of entitlement. VA will 1710(a)(2)(G), 1710(a)(3), and 1710(b) given that the Department of Veterans match on attributes, including Social identify those veterans whose basic Affairs (VA) intends to conduct a Security Number (SSN), DoD Electronic eligibility for medical care benefits is computer matching program with the Data Interchange Personal Identifier dependent upon their financial status. Social Security Administration (SSA). (EDIPI—or VA_ID), Date-of-Birth, Last Eligibility for nonservice-connected and Data from the proposed match will be Name, and File Identification Number. zero percent noncompensable service- System(s) of Records: The records used to verify the earned income of connected veterans is determined based covered include eligibility records nonservice-connected veterans, and on the veteran’s inability to defray the extracted from DoD personnel files and those veterans who are zero percent expenses for necessary care as defined benefit records that VA establishes for service-connected (noncompensable), in 38 U.S.C. 1722. This determination all individuals who have applied for whose eligibility for VA medical care is can affect their responsibility to and/or are receiving, or have received based on their inability to defray the participate in the cost of their care education benefit payments under the cost of medical care. These veterans through copayments and their Montgomery GI Bill—Active Duty, supply household income information assignment to an enrollment priority Montgomery GI Bill—Selected Reserve, that includes their spouses and group. The goal of this match is to Post-9/11 GI Bill, and Reserve dependents at the time of application obtain SSA earned income information Educational Assistance Program. These for VA health care benefits. data needed for the income verification benefit records are contained in a VA DATES: Comments on this matching process. The VA records involved in the system of records identified as 58VA21/ program must be received no later than match are ‘‘Enrollment and Eligibility 22/28 entitled: Compensation, Pension, May 29, 2018. If no public comment is Records—VA’’ (147VA16). The SSA Education, and Vocational received during the period allowed for records are from the Earnings Recording Rehabilitation and Employment comment or unless otherwise published and Self-Employment Income System, Records—VA, first published in the in the Federal Register by VA, the new SSA/OEEAS 09–60–0059 and Master Federal Register at 74 FR 9294 (March agreement will become effective a Files of Social Security Number Holders 3, 1976), and last amended at 77 F42593 minimum of 30 days after date of and SSN Applications, SSA/OEEAS, (July 19, 2012), and DoD updated their publication in the Federal Register or 60–0058, (referred to as ‘‘the Defense Enrollment Eligibility Reporting April 9, 2018, whichever is later. If VA Numident’’). A copy of this notice has Systems (DEERS) 81 FR 49210 (July 27, receives public comments, VA shall been sent to both Houses of Congress 2016) with other amendments as cited review the comments to determine and OMB. therein. whether any changes to the notice are Participating Agencies: The Social necessary. This matching program will Security Administration is the source Signing Authority be valid for 18 months from the effective agency, and the Department of Veterans The Senior Agency Official for date of this notice. Affairs is the recipient agency. Privacy, or designee, approved this ADDRESSES: Written comments may be Authority for Conducting the document and authorized the submitted through Matching Program: Public Law 101–508, undersigned to sign and submit the www.Regulations.gov; by mail or hand- Omnibus Budget Reconciliation Act, as document to the Office of the Federal delivery to Director, Regulation Policy amended, and Public Law 104–262,

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Veterans Health Care Amendments Act, United States Code, Chapter 17; with information extracted from its grant VA the authority to verify income Veterans’ spouses and other dependents system of records (SOR) ‘‘Income data furnished by certain veteran as provided for in other provisions of Verification Records—VA’’ applicants. This agreement is executed Title 38, United States Code. (89VA10NB). Routine use nineteen (19) under the Privacy Act of 1974, 5 United Categories of Records: Federal Tax permits VA/VHA to disclose identifying States Code (U.S.C.) 552a, as amended Information (FTI) and social security information, including SSNs, by the Computer Matching and Privacy information generated as a result of concerning veterans, their spouses, and Protection Act of 1988, and the computer matching activity with dependents of veterans to Federal regulations and guidance promulgated records from the IRS and SSA. The agencies for purposes of conducting thereunder. Legal authority for the records may also include, but are not computer matches to determine or disclosures under this agreement is 38 limited to, correspondence between verify eligibility of certain veterans who U.S.C. 5106 and 5317, and 26 U.S.C. HEC, Veterans, their family members, are receiving VA/VHA medical care 6103(l)(7)(D)(viii). Under 38 U.S.C. and Veterans’ representatives such as under Title 38 of the U.S.C. The SORs 1710, VA/VHA has a statutory Veterans Service Officers (VSO); copies involved in this computer matching obligation to collect income information of death certificates; Notice of program have routine uses permitting from certain applicants for medical care Separation; disability award letters; IRS the disclosures needed to conduct this and to use that income data to documents (e.g., Form 1040s, Form match. determine the appropriate eligibility 1099s, W–2s); workers compensation Signing Authority category for the applicant’s medical forms; and various annual earnings care. 26 U.S.C. 6103(l)(7) authorizes the statements, as well as pay stubs and The Senior Agency Official for disclosure of tax return information miscellaneous receipts. Privacy, or designee, approved this with respect to net earnings from self- System(s) of Records: SSA will document and authorized the employment and wages, as defined by initially access and verify submitted undersigned to sign and submit the relevant sections of the Internal SSNs through the Master Files of Social document to the Office of the Federal Revenue Code (IRC), to Federal, state, Security Number Holders and SSN Register for publication electronically as and local agencies administering certain Applications, 60–0058, (the an official document of the Department benefit programs under Title 38 of the Enumeration System), last fully of Veterans Affairs. John Oswalt, U.S.C. published on December 29, 2010 (75 FR Executive Director for Privacy, Purpose(s): This computer matching 82121), and amended on July 5, 2013 Department of Veterans Affairs agreement sets forth the terms, (78 FR 40542), and February 13, 2014 approved this document on March 19, conditions, and safeguards under which (79 FR 8780) for verification purposes. 2018 for publication. SSA will disclose tax return information SSA will subsequently run those Dated: April 23, 2018. to VA, Veterans Health Administration verified SSNs against systems records to Kathleen M. Mazwell, (VHA) to be used to verify Veteran’s extract and disclose the necessary tax Program Analyst, VA Privacy Service, Office employment status and earnings to return information from the Earnings of Privacy Information and Identity determine eligibility for its health Recording and Self-Employment Income Protection, Office of Quality, Privacy and benefit programs. System, 60–0059, last fully published Risk, Office of Information and Technology, Categories of Individuals: Veterans on January 11, 2006 (71 FR 1819), and Department of Veterans Affairs. who have applied for or have received amended on July 5, 2013 (78 FR 40542). [FR Doc. 2018–08746 Filed 4–25–18; 8:45 am] VA health care benefits under Title 38, VA/VHA will match SSA information BILLING CODE 8320–01–P

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Reader Aids Federal Register Vol. 83, No. 81 Thursday, April 26, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

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. 900...... 14736 Presidential Documents 3 CFR 905...... 14348, 17615 Executive orders and proclamations 741–6000 Proclamations: 915...... 14736 The United States Government Manual 741–6000 9713...... 14341 917...... 14736 9714...... 14343 Other Services 923...... 14736 9715...... 14345 925...... 14736 Electronic and on-line services (voice) 741–6020 9716...... 14559 929...... 14350 Privacy Act Compilation 741–6050 9717...... 14561 932...... 14736 Public Laws Update Service (numbers, dates, etc.) 741–6043 9718...... 14563 944...... 17615 9719...... 14727 946...... 14736 9720...... 15017 ELECTRONIC RESEARCH 948...... 14736 9721...... 15727 953...... 14736 World Wide Web 9722...... 15729 955...... 14736 9723...... 15937 956...... 14736 Full text of the daily Federal Register, CFR and other publications 9724...... 16183 958...... 14736 is located at: www.fdsys.gov. 9725...... 17075 966...... 14357 Federal Register information and research tools, including Public 9726...... 17285 981...... 14738 Inspection List, indexes, and Code of Federal Regulations are 9727...... 17735 984...... 14738 located at: www.ofr.gov. 9728...... 17899 987...... 14738 Executive Orders: 993...... 14738 E-mail 4601 (Superseded by Proposed Rules: EO 13830)...... 18191 FEDREGTOC (Daily Federal Register Table of Contents Electronic 1c ...... 17595 9260 (Superseded by Mailing List) is an open e-mail service that provides subscribers 205...... 16010 EO 13830)...... 18191 with a digital form of the Federal Register Table of Contents. The 319...... 17501, 17503 13828...... 15941 digital form of the Federal Register Table of Contents includes 905...... 14203 13829...... 17281 HTML and PDF links to the full text of each document. 932...... 14379 13830...... 18191 981...... 17506 To join or leave, go to https://public.govdelivery.com/accounts/ Administrative Orders: 985...... 14766 USGPOOFR/subscriber/new, enter your email address, then Memorandums: 1051...... 14110 follow the instructions to join, leave, or manage your Memorandum of April 1206...... 14771 subscription. 4, 2018 ...... 15289 PENS (Public Law Electronic Notification Service) is an e-mail Memorandum of April 8 CFR service that notifies subscribers of recently enacted laws. 6, 2018 ...... 16179 270...... 13826 Memorandum of April To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 274a...... 13826 12, 2018 ...... 16761 and select Join or leave the list (or change settings); then follow 280...... 13826 Notices: the instructions. Notice of April 4, 9 CFR FEDREGTOC and PENS are mailing lists only. We cannot 2018 ...... 14731 53...... 15491 respond to specific inquiries. 71...... 15491 4 CFR Reference questions. Send questions and comments about the 91...... 15491 Federal Register system to: [email protected] 21...... 13817 93...... 15491 94...... 15491 The Federal Register staff cannot interpret specific documents or 5 CFR 95...... 15491 regulations. 630...... 15291 98...... 15491 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 104...... 15491 6 CFR longer appears in the Federal Register. This information can be Proposed Rules: found online at http://bookstore.gpo.gov/. 27...... 13826 93...... 15756 Proposed Rules: 145...... 15082 FEDERAL REGISTER PAGES AND DATE, APRIL 5...... 17766 146...... 15082 46...... 17595 147...... 15082 13817–14172...... 2 17077–17284...... 18 7 CFR 14173–14346...... 3 17285–17476...... 19 10 CFR 14347–14564...... 4 17477–17614...... 20 205...... 14347 Proposed Rules: 14565–14732...... 5 17615–17736...... 23 215...... 14173 429...... 17944 227...... 14173 14733–15018...... 6 17737–17898...... 24 430...... 17768, 17944 246...... 14173 431...... 15514 15019–15290...... 9 17899–18194...... 25 247...... 14173 712...... 18195 15291–15490...... 10 18195–18398...... 26 248...... 14173 745...... 17595 15491–15726...... 11 249...... 14173 1045...... 17710 15727–15936...... 12 272...... 14173 15937–16182...... 13 277...... 14173 11 CFR 16183–16766...... 16 319...... 14733 Proposed Rules: 16767–17076...... 17 457...... 16767 113...... 17509

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12 CFR 990...... 14205 20 CFR 285...... 17921 25...... 15298 991...... 14205 404...... 13862 292...... 18219 34...... 15019 992...... 14205 702...... 17287 293...... 18220 993...... 14205 296...... 18220 195...... 15298 Proposed Rules: 994...... 14205 298...... 18221 217...... 17477 431...... 17595 225...... 15019 995...... 14205 299...... 18221 228...... 15298 996...... 14205 21 CFR 518...... 17294 997...... 14205 706...... 16198 303...... 17737 510...... 14584 998...... 14205 734...... 16199 308...... 17737 520...... 14584 999...... 14205 323...... 15019 522...... 14584 Proposed Rules: Ch. XII...... 14605 324...... 17616, 17737 526...... 14584 219...... 17595 1239...... 14781 325...... 17737 558...... 14584 1273...... 14781 33 CFR 326...... 13839 890...... 13863 327...... 14565, 17737 27...... 13826 13 CFR 900...... 13863 333...... 17737 1020...... 13863 100 ...... 14364, 14751, 15065, 337...... 17737 Proposed Rules: 1040...... 13863 15741, 17078, 17489, 17621, 343...... 13843 124...... 17626 1308...... 17486 17751, 18221, 18223 345...... 15298 126...... 17626 117 ...... 13865, 13866, 13867, Proposed Rules: 347...... 17737 14365, 14367, 15067, 15315, 73...... 15089 349...... 17737 14 CFR 15316, 15743, 16774, 16775, 101...... 17961 360...... 17737 16776, 17492, 17493, 17623, 25 ...... 14360, 15301, 15304, 1303...... 17329 362...... 17737 17744 17921, 18225, 18226 363...... 17737 27...... 15945 22 CFR 165 ...... 14367, 14589, 14752, 364...... 17737 29...... 17077 15499, 15948, 15950, 15952, 172...... 17488 365...... 17737 39 ...... 14568, 14741, 14743, 16778, 16780, 17078, 17295, 193...... 15740 390...... 13843, 17737 15036, 15038, 15041, 15043, 17493, 17494, 17754, 18227 391...... 13839 15045, 15048, 15310, 15313, Proposed Rules: 334...... 16783 225...... 17595 702...... 17901 15495, 15731, 15733, 16185, Proposed Rules: 740...... 17910 16188, 16191, 16194, 16768, 23 CFR 100 ...... 14219, 14381, 15096, 741...... 14741 17478 , 17617, 17746, 15099, 16808, 17333 Proposed Rules: 18208 Proposed Rules: 165 ...... 14226, 14384, 14801, 6...... 17317 71 ...... 14574, 14576, 14580, 658...... 15524 16265, 16267, 16811, 16815, 208...... 17317 14745, 15050, 17480 790...... 16262 16817, 17121, 17336, 17341, 217...... 17317, 18160 73...... 14174 24 CFR 17513, 17962, 18241 225...... 18160 97 ...... 15051, 15052, 17481, 252...... 17317, 18160 17483 Proposed Rules: 34 CFR 303...... 15327 Proposed Rules: 60...... 17595 Proposed Rules: 325...... 13880 39 ...... 13883, 13885, 14207, 25 CFR Ch. II ...... 17516 333...... 15327 14606, 15517, 15519, 16010, 97...... 17595 390...... 15327 16013, 16015, 16243, 16245, Proposed Rules: 900...... 14205 16248, 16251, 16787, 16792, 30...... 16806 37 CFR 906...... 14205 16794, 16796, 16799, 17510 26 CFR 401...... 15954 956...... 14205 71 ...... 14608, 14610, 14785, 404...... 15954 957...... 14205 15521, 16256, 16258, 16259, 1...... 14175 Proposed Rules: 958...... 14205 16261, 16802, 16804, 17327, 27 CFR 202...... 16269 959...... 14205 17512, 18237 960...... 14205 135...... 15332 9...... 14745 38 CFR 961...... 14205 1230...... 17595 Proposed Rules: 962...... 14205 4 ...... 15068, 15316, 17756 9 ...... 14787, 14791, 14795, Proposed Rules: 963...... 14205 15 CFR 15091 964...... 14205 1...... 14613 30...... 17749 965...... 14205 3...... 14803 738...... 13849 28 CFR 966...... 14205 5...... 14803 740...... 13849 16...... 14749 967...... 14205 16...... 17595 745...... 13849 968...... 14205 17...... 14804, 17777 774...... 13849, 14580 29 CFR 969...... 14205 2008...... 15054 1926...... 15499 39 CFR 970...... 14205 4022...... 15946 971...... 14205 Proposed Rules: 20...... 17921 972...... 14205 27...... 17595 Proposed Rules: 111...... 14369, 17922 21...... 17595 973...... 14205 16 CFR Proposed Rules: 111...... 17518 974...... 14205 30 CFR 975...... 14205 Ch. II ...... 18219 976...... 14205 305...... 14583 56...... 15055, 17293 40 CFR 977...... 14205 Proposed Rules: 57...... 15055, 17293 50...... 17226 978...... 14205 312...... 14611 52 ...... 13867, 13869, 13871, 31 CFR 979...... 14205 410...... 17117 13872, 13875, 14175, 14179, 980...... 14205 1028...... 17595 148...... 17619 14373, 14591, 14754, 14757, 981...... 14205 Proposed Rules: 14759, 14762, 15074, 15744, 982...... 14205 18 CFR 30...... 15095 15746, 16200, 17081 983...... 14205 35...... 18134 32...... 15095 60...... 15964 984...... 14205 40...... 17913 61...... 15964 985...... 14205 32 CFR 62 ...... 13878, 17757, 17923 986...... 14205 19 CFR 81...... 15065 63...... 15964 987...... 14205 4...... 13826 182...... 14588 70...... 14762 988...... 14205 101...... 15498 185...... 14589 81...... 14373, 14597 989...... 14205 149...... 15736 215...... 16774 147...... 17758

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180 ...... 15748, 15971, 15977, 9...... 17933 2452...... 15101 1150...... 15075, 16786 16200, 17496, 17498, 17925 20...... 17088 1152...... 15075, 16786 770...... 14375 43...... 17931 49 CFR 1155...... 15075, 16786 Proposed Rules: 51...... 14185 370...... 16210 1177...... 15075, 16786 26...... 17595 54 ...... 14185, 15502, 15982, 371...... 16210 1180...... 15075, 16786 52 ...... 14386, 14389, 14807, 17934 373...... 16210 1182...... 15075, 16786 15336, 15343, 15526, 16017, 63...... 17931 375...... 16210 1184...... 15075, 16786 16021, 16276, 16279, 17123, 69...... 14185 376...... 16210 1185...... 15075, 16786 17349, 17627, 17964, 18243, Proposed Rules: 378...... 16210 1200...... 15075, 16786 18248, 18255 1 ...... 13888, 14395, 15531 379...... 16210 1220...... 15075, 16786 2...... 13888 60...... 15458, 16027 380...... 16210 1242...... 15075, 16786 5...... 13888 382...... 16210 61...... 16027 1243...... 15075, 16786 10...... 18257 387...... 16210 62...... 14232 1244...... 15075, 16786 63 ...... 14984, 15458, 16027 15...... 13888 390...... 16210 1245...... 15075, 16786 81...... 16021 20...... 17131 391...... 16210 1246...... 15075, 16786 180...... 15528 54...... 17968 395...... 16210 1247...... 15075, 16786 700...... 17782 64...... 17631 396...... 16210 1248...... 15075, 16786 720...... 17782 73...... 13903, 15531 398...... 16210 1253...... 15075, 16786 723...... 17782 101...... 13888 571...... 17091 725...... 17782 Ch. X...... 17299 1305...... 15075, 16786 48 CFR 790...... 17782 1001...... 15075, 16786 1310...... 15075, 16786 791...... 17782 202...... 15994 1003...... 15075, 16786 1312...... 15075, 16786 207...... 15995 1004...... 15075, 16786 1313...... 15075, 16786 42 CFR 210...... 15995 1005...... 15075, 16786 1319...... 15075, 16786 405...... 16440 211...... 15996 1007...... 15075, 16786 1331...... 15075, 16786 417...... 16440 212...... 16001 1011...... 15075, 16786 1333...... 15075, 16786 422...... 16440 213...... 16001 1012...... 15075, 16786 1503...... 13826 423...... 16440 215...... 15996 1013...... 15075, 16786 Proposed Rules: 460...... 16440 219 ...... 15995, 15996, 16001 1016...... 15075, 16786 11...... 17595 498...... 16440 225...... 16003 1018...... 15075, 16786 571...... 16280 237 ...... 16001, 16004, 17762 1019...... 15075, 16786 Proposed Rules: 578...... 13904 239...... 15994 1033...... 15075, 16786 88...... 17783 242...... 15996 1034...... 15075, 16786 100...... 14391 252...... 15996, 16001 1035...... 15075, 16786 50 CFR 44 CFR 801...... 16206 1037...... 15075, 16786 17 ...... 14189, 14198, 14958, 802...... 16206 1090...... 15075, 16786 64...... 14376 16228, 17093 803...... 16206 1100...... 15075, 16786 67...... 17930 23...... 15503 812...... 16206 1101...... 15075, 16786 300...... 15503, 17762 814...... 16206 45 CFR 1103...... 15075, 16786 622 ...... 14202, 17623, 17942 822...... 16206 1104...... 15075, 16786 635...... 17110, 18230 5b...... 14183 829...... 17979 1105...... 15075, 16786 648 ...... 15240, 15511, 15754, 147...... 16930 846...... 17979 1106...... 15075, 16786 17300, 17314 153...... 16930 847...... 17979 1108...... 15075, 16786 660...... 16005, 18233 154...... 16930 852...... 16206, 17979 1110...... 15075, 16786 679 ...... 14603, 15324, 15325, 155...... 16930 870...... 17979 1112...... 15075, 16786 15755, 16008, 17114, 18235 156...... 16930 Proposed Rules: 1113...... 15075, 16786 157...... 16930 831...... 14826 1114...... 15075, 16786 Proposed Rules: 158...... 16930 833...... 14826 1116...... 15075, 16786 17 ...... 13919, 14836, 15758, 1603...... 16785, 17086 844...... 14833 1117...... 15075, 16786 15900, 16819 Proposed Rules: 845...... 14833 1119...... 15075, 16786 20...... 17987 46...... 17595 852...... 14826 1120...... 15075, 16786 21...... 17987 690...... 17595 871...... 14826 1132...... 15075, 16786 217...... 16027 1355...... 18257 1009...... 15502 1133...... 15075, 16786 218...... 15117 1052...... 15502 1135...... 15075, 16786 622 ...... 14234, 14400, 16282 47 CFR 2402...... 15101 1141...... 15075, 16786 648 ...... 14236, 15535, 15780 0...... 17931 2416...... 15101 1144...... 15075, 16786 660...... 18259 1...... 17931 2437...... 15101 1146...... 15075, 16786 665...... 18260 2...... 15754 2442...... 15101 1147...... 15075, 16786 679...... 15538

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List April 25, 2018 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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