Vol. 83 Monday, No. 14 January 22, 2018

Pages 2885–3058

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 14

Monday, January 22, 2018

Administrative Conference of the United States Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Requests for Comments: Job Search Assistance Strategies Evaluation, 2996 Draft Model Adjudication Rules, 2958 Civil Rights Commission Agency for International Development NOTICES RULES Meetings: Federal Policy for the Protection of Human Subjects: Texas Advisory Committee; Correction, 2961 Delay of Revisions to Federal Policy for Protection of Human Subjects, 2885–2894 Coast Guard RULES Agriculture Department Drawbridge Operations: See Animal and Plant Health Inspection Service Delaware River, Pennsauken Township, NJ, 2909–2910 See National Agricultural Statistics Service Safety Zones: RULES Oregon Inlet, Dare County, NC, 2910–2912 Federal Policy for the Protection of Human Subjects: NOTICES Delay of Revisions to Federal Policy for Protection of Agency Information Collection Activities; Proposals, Human Subjects, 2885–2894 Submissions, and Approvals, 3005–3012 NOTICES Agency Information Collection Activities; Proposals, Commerce Department Submissions, and Approvals, 2958–2959 See Foreign-Trade Zones Board See Industry and Security Bureau Animal and Plant Health Inspection Service See National Oceanic and Atmospheric Administration NOTICES RULES Meetings: Federal Policy for the Protection of Human Subjects: Third-Party Inspection Programs Under Animal Welfare Delay of Revisions to Federal Policy for Protection of Act, 2959–2960 Human Subjects, 2885–2894 Antitrust Division Consumer Product Safety Commission NOTICES RULES Changes Under National Cooperative Research and Federal Policy for the Protection of Human Subjects: Production Act: Delay of Revisions to Federal Policy for Protection of Interchangeable Virtual Instruments Foundation, Inc., Human Subjects, 2885–2894 3025–3026 Pistoia Alliance, Inc., 3026 PXI Systems Alliance, Inc., 3026 Copyright Royalty Board NOTICES Architectural and Transportation Barriers Compliance Intent to Audit, 3032–3033 Board Defense Department RULES RULES Information and Communication Technology Standards and Federal Policy for the Protection of Human Subjects: Guidelines, 2912–2916 Delay of Revisions to Federal Policy for Protection of Human Subjects, 2885–2894 Bureau of the Fiscal Service NOTICES Education Department Prompt Payment Interest Rate; Contract Disputes Act, 3052 RULES Federal Policy for the Protection of Human Subjects: Centers for Disease Control and Prevention Delay of Revisions to Federal Policy for Protection of NOTICES Human Subjects, 2885–2894 Meetings: NOTICES National Center for Health Statistics, ICD–10 Agency Information Collection Activities; Proposals, Coordination and Maintenance Committee, 2994– Submissions, and Approvals: 2995 Lender’s Application Process, 2966–2967 World Trade Center Health Program Scientific/Technical Applications for New Awards: Advisory Committee, 2995 Lead of Career and Technical Education Network: Research Networks Focused on Critical Problems of Children and Families Administration Education Policy and Practice Program, 2967–2971 NOTICES Agency Information Collection Activities; Proposals, Energy Department Submissions, and Approvals, 2996–2997 See Federal Energy Regulatory Commission

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RULES Federal Retirement Thrift Investment Board Federal Policy for the Protection of Human Subjects: NOTICES Delay of Revisions to Federal Policy for Protection of Meetings: Human Subjects, 2885–2894 Board Member, 2988 NOTICES Agency Information Collection Activities; Proposals, Federal Trade Commission Submissions, and Approvals, 2971–2972 RULES Adjustments to Civil Penalty Amounts, 2902–2903 PROPOSED RULES Environmental Protection Agency Labeling and Advertising of Home Insulation, 2934–2952 RULES NOTICES Federal Policy for the Protection of Human Subjects: Agency Information Collection Activities; Proposals, Delay of Revisions to Federal Policy for Protection of Submissions, and Approvals, 2988–2994 Human Subjects, 2885–2894 PROPOSED RULES Federal Transit Administration Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Agency Information Collection Activities; Proposals, Idaho; Crop Residue Burning; Revision to Ozone Submissions, and Approvals, 3050 Requirement, 2955–2957 Fish and Wildlife Service Federal Aviation Administration NOTICES Endangered and Threatened Species: RULES Initiation of 5-Year Status Reviews for 18 Species in Airworthiness Directives: Hawaii, Oregon, Washington, Idaho, and Canada, Airbus Airplanes, 2894–2896 3014–3015 Fokker Services B.V. Airplanes, 2899–2902 Pratt and Whitney Division Turbofan Engines, 2896–2899 Food and Drug Administration NOTICES PROPOSED RULES Petitions for Exemptions; Summaries, 3047–3048 Devices Proposed for New Use With Approved, Marketed Drug: Federal Election Commission Reopening of Comment Period; Public Hearings, 2952– NOTICES 2953 Meetings; Sunshine Act, 2983 NOTICES Determinations of Regulatory Review Periods for Purposes of Patent Extensions: Federal Energy Regulatory Commission NINLARO, 3000–3002 NOTICES PERCEVAL SUTURELESS HEART VALVE, 2997–2999 Combined Filings, 2974–2975, 2978–2979, 2981 ZURAMPIC, 2999–3000 Environmental Assessments; Availability, etc.: Florida Gas Transmission Co., LLC; 18-Inch Mainline Foreign Claims Settlement Commission Abandonment Project, 2975–2977 NOTICES Filings: Completion of Claims Adjudication Program, 3026–3027 Buckeye Power, Inc., 2981 Hydroelectric Applications: Foreign-Trade Zones Board Rocky River Hydro, LLC, 2980–2981 NOTICES Initial Market-Based Rate Filings Including Requests for Production Activities: Blanket Section 204 Authorizations: Valeo North America, Inc.; Foreign-Trade Zone 47; Boone Access Energy Solutions, LLC, 2973–2974 County, KY, 2961 License Applications: Subzone Status; Approvals: Grand River Dam Authority, 2977–2978 Valeo North America, Inc. Winchester, KY, 2961 Pacific Gas and Electric Co., 2982–2983 Health and Human Services Department Permit Applications: Merchant Hydro Developers, LLC, 2973 See Centers for Disease Control and Prevention See Children and Families Administration Staff Attendances, 2972–2973, 2979–2980 See Food and Drug Administration See Health Resources and Services Administration Federal Railroad Administration See National Institutes of Health NOTICES RULES Applications for Approval To Discontinue or Modify a Federal Policy for the Protection of Human Subjects: Railroad Signal System, 3048–3050 Delay of Revisions to Federal Policy for Protection of Human Subjects, 2885–2894 Federal Reserve System Health Resources and Services Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 2983–2987 Advisory Committee on Heritable Disorders in Newborns Formations of, Acquisitions by, and Mergers of Bank and Children, 3002–3003 Holding Companies, 2988 Formations of, Acquisitions by, and Mergers of Savings and Homeland Security Department Loan Holding Companies, 2987–2988 See Coast Guard

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See U.S. Citizenship and Immigration Services Land Management Bureau RULES NOTICES Federal Policy for the Protection of Human Subjects: Agency Information Collection Activities; Proposals, Delay of Revisions to Federal Policy for Protection of Submissions, and Approvals: Human Subjects, 2885–2894 Use and Occupancy Under Mining Laws, 3017 NOTICES Applications: Determination Pursuant to Section 102 of Illegal Recordable Disclaimer of Interest, New Mexico, 3016 Immigration Reform and Immigrant Responsibility Act Plats of Surveys: of 1996, as Amended, 3012–3014 Wyoming, 3017–3018 Indian Affairs Bureau NOTICES Library of Congress Indian Gaming: See Copyright Royalty Board Tribal-State Class III Gaming Compacts Taking Effect in State of California, 3015–3016 Mine Safety and Health Administration NOTICES Industry and Security Bureau Petitions: NOTICES Modification of Application of Existing Mandatory Safety Meetings: Standards, 3027–3031 Sensors and Instrumentation Technical Advisory Committee, 2962 National Aeronautics and Space Administration Interior Department RULES See Fish and Wildlife Service Federal Policy for the Protection of Human Subjects: See Indian Affairs Bureau Delay of Revisions to Federal Policy for Protection of See Land Management Bureau Human Subjects, 2885–2894 See National Indian Gaming Commission NOTICES See Office of Natural Resources Revenue Intents To Grant Partially Exclusive Term Licenses, 3033– See Surface Mining Reclamation and Enforcement Office 3034 Meetings: International Boundary and Water Commission, United Planetary Science Advisory Committee, 3033 States and Mexico NOTICES National Agricultural Statistics Service Environmental Assessments; Availability, etc.: NOTICES Finding of No Significant Impact for Channel Agency Information Collection Activities; Proposals, Maintenance Alternatives at Thurman I and II Submissions, and Approvals, 2960–2961 Arroyos in Hatch, NM; Rio Grande Canalization Project, 3019–3020 National Credit Union Administration NOTICES International Trade Commission Meetings; Sunshine Act, 3034 NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: National Highway Traffic Safety Administration Certain Internet of Things Devices and Components NOTICES Thereof—Web Applications Displayed on a Web Petitions for Decisions of Inconsequential Noncompliance: Browser, 3021–3022 Sumitomo Rubber USA, LLC, 3050–3052 Certain Load Supporting Systems, Including Composite Mat Systems, and Components Thereof, 3022–3023 National Indian Gaming Commission Certain Memory Modules and Components Thereof, and RULES Products Containing Same, 3023–3024 Fees, 2903–2907 Certain Microperforated Packaging Containing Fresh Produce, 3020 National Institutes of Health Common Alloy Aluminum Sheet From China, 3024 NOTICES Silicomanganese From China and Ukraine, 3025 Meetings: Sodium Gluconate, Gluconic Acid, and Derivative Eunice Kennedy Shriver National Institute of Child Products From China and France, 3021 Health and Human Development, 3005 Tool Chests and Cabinets From China (Final), 3025 National Cancer Institute, 3003–3004 National Institute of Allergy and Infectious Diseases, Justice Department 3003, 3005 See Antitrust Division National Institute of Dental and Craniofacial Research, See Foreign Claims Settlement Commission 3003 Labor Department National Institute of General Medical Sciences, 3004 See Mine Safety and Health Administration See Occupational Safety and Health Administration National Oceanic and Atmospheric Administration RULES RULES Federal Policy for the Protection of Human Subjects: Endangered and Threatened Wildlife and Plants: Delay of Revisions to Federal Policy for Protection of Giant Manta Ray as Threatened Under Endangered Human Subjects, 2885–2894 Species Act; Listing, 2916–2931

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Fisheries of the Caribbean, Gulf of Mexico, and South Major Disaster Declarations: Atlantic: California, 3046 Shrimp Fishery Off Southern Atlantic States; Closure of Penaeid Shrimp Fishery Off South Carolina, 2931– Social Security Administration 2932 RULES Fisheries of the Exclusive Economic Zone Off Alaska: Federal Policy for the Protection of Human Subjects: Reallocation of Pacific Cod in Bering Sea and Aleutian Delay of Revisions to Federal Policy for Protection of Islands Management Area, 2932–2933 Human Subjects, 2885–2894 NOTICES Fisheries of the Exclusive Economic Zone Off Alaska: State Department Groundfish of Gulf of Alaska; Central Gulf of Alaska NOTICES Rockfish Program, 2964–2966 Meetings: Meetings: Cuba Internet Task Force, 3047 Fisheries of Gulf of Mexico; Southeast Data, Assessment and Review, 2963–2964 Surface Mining Reclamation and Enforcement Office Fisheries of South Atlantic; South Atlantic Fishery PROPOSED RULES Management Council, 2963 Alabama Regulatory Program, 2953–2954 Ocean Exploration Advisory Board, 2966 Pacific Fishery Management Council, 2962 Editorial Note: This document was received for publication by the Office of the Federal Register on January 17, 2018. National Science Foundation RULES Transportation Department Federal Policy for the Protection of Human Subjects: See Federal Aviation Administration Delay of Revisions to Federal Policy for Protection of See Federal Railroad Administration Human Subjects, 2885–2894 See Federal Transit Administration See National Highway Traffic Safety Administration Occupational Safety and Health Administration RULES NOTICES Federal Policy for the Protection of Human Subjects: Agency Information Collection Activities; Proposals, Delay of Revisions to Federal Policy for Protection of Submissions, and Approvals: Human Subjects, 2885–2894 Vertical Tandem Lifts for Marine Terminals, 3031–3032 Treasury Department Office of Natural Resources Revenue See Bureau of the Fiscal Service RULES See United States Mint Inflation Adjustments to Civil Monetary Penalty Rates, 2907–2909 U.S. Citizenship and Immigration Services NOTICES NOTICES States’ Decisions on Participating in Accounting and Temporary Protected Status; Terminations: Auditing Relief for Federal Oil and Gas Marginal El Salvador, 3014 Properties, 3018–3019 Personnel Management Office United States Mint NOTICES NOTICES Agency Information Collection Activities; Proposals, 2018 Pricing of Numismatic Gold, Commemorative Gold, Submissions, and Approvals: and Platinum Products Grid, 3052 Claim for Unpaid Compensation for Deceased Civilian Employee, 3034–3035 Veterans Affairs Department Representative Payee Survey, 3035 RULES Federal Policy for the Protection of Human Subjects: Presidential Documents Delay of Revisions to Federal Policy for Protection of PROCLAMATIONS Human Subjects, 2885–2894 Special Observances: NOTICES Religious Freedom Day (Proc. 9690), 3055–3058 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Securities and Exchange Commission Veterans Experience Access Survey Questions Scheduling NOTICES Appointment—Survey Reporting, 3053 Meetings; Sunshine Act, 3043 Self-Regulatory Organizations; Proposed Rule Changes: Bats BYX Exchange, Inc. (n/k/a Cboe BYX Exchange, Separate Parts In This Issue Inc.), Bats BZX Exchange, Inc. (n/k/a Cboe BZX Exchange, Inc.), et al., 3043–3046 Part II Nasdaq PHLX, LLC, 3037–3038 Presidential Documents, 3055–3058 New York Stock Exchange, LLC, 3035–3037 NYSE Arca, Inc., 3038–3043 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 Economic Injury Disaster for Oregon, 3046–3047 of recently enacted public laws.

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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.

3 CFR Proclamations: 9690...... 3057 6 CFR 46...... 2885 7 CFR 1c ...... 2885 10 CFR 745...... 2885 14 CFR 39 (3 documents) ...2894, 2896, 2899 1230...... 2885 15 CFR 27...... 2885 16 CFR 1...... 2902 1028...... 2885 Proposed Rules: 460...... 2934 20 CFR 431...... 2885 21 CFR Proposed Rules: 15...... 2952 22 CFR 225...... 2885 25 CFR 514...... 2903 29 CFR 21...... 2885 30 CFR 1241...... 2907 Proposed Rules: 901...... 2953 32 CFR 219...... 2885 33 CFR 117...... 2909 165...... 2910 34 CFR 97...... 2885 36 CFR 1194...... 2912 38 CFR 16...... 2885 40 CFR 26...... 2885 Proposed Rules: 52...... 2955 45 CFR 46...... 2885 690...... 2885 49 CFR 11...... 2885 50 CFR 223...... 2916 622...... 2931 679...... 2932

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Rules and Regulations Federal Register Vol. 83, No. 14

Monday, January 22, 2018

This section of the FEDERAL REGISTER January 19, 2018, with a general contains regulatory documents having general compliance date of January 19, 2018 applicability and legal effect, most of which DEPARTMENT OF VETERANS (with the exception of the revisions to are keyed to and codified in the Code of AFFAIRS the cooperative research provision). Federal Regulations, which is published under This interim final rule delays the 50 titles pursuant to 44 U.S.C. 1510. 38 CFR Part 16 effective date and general compliance The Code of Federal Regulations is sold by date of the 2018 Requirements to July the Superintendent of Documents. ENVIRONMENTAL PROTECTION 19, 2018. The federal departments and AGENCY agencies listed in this document are in the process of developing a proposed DEPARTMENT OF HOMELAND 40 CFR Part 26 rule to further delay implementation of SECURITY the 2018 Requirements. The limited DEPARTMENT OF HEALTH AND implementation delay accomplished by 6 CFR Part 46 HUMAN SERVICES this interim final rule both provides additional time to regulated entities for DEPARTMENT OF AGRICULTURE 45 CFR Part 46 the preparations necessary to implement RIN 0937–AA06 the 2018 Requirements, and additional 7 CFR Part 1c time for the departments and agencies NATIONAL SCIENCE FOUNDATION listed in this document to seek input DEPARTMENT OF ENERGY from interested stakeholders through a 45 CFR Part 690 notice and comment rulemaking process 10 CFR Part 745 that allows for public engagement on DEPARTMENT OF TRANSPORTATION the proposal for a further NATIONAL AERONAUTICS AND implementation delay. SPACE ADMINISTRATION 49 CFR Part 11 DATES: This interim final rule is effective on July 19, 2018. This interim 14 CFR Part 1230 Federal Policy for the Protection of final rule delays until July 19, 2018, the Human Subjects: Delay of the effective date and general compliance Revisions to the Federal Policy for the DEPARTMENT OF COMMERCE date of the final rule published in the Protection of Human Subjects Federal Register (82 FR 7149, Jan. 19 15 CFR Part 27 AGENCY: Department of Homeland 2017) and of the final rule published by Security; Department of Agriculture; the Consumer Product Safety CONSUMER PRODUCT SAFETY Department of Energy; National Commission in the Federal Register (82 COMMISSION Aeronautics and Space Administration; FR 43459, Sept. 18, 2017). To be assured Department of Commerce; Consumer consideration, comments must be received at one of the addresses 16 CFR Part 1028 Product Safety Commission; Social Security Administration; Agency for provided below, no later than 11:59 p.m. Eastern Standard Time on March SOCIAL SECURITY ADMINISTRATION International Development; Department of Labor; Department of Defense; 19, 2018. ADDRESSES: You may submit comments, 20 CFR Part 431 Department of Education; Department of Veterans Affairs; Environmental identified by docket ID number HHS– Protection Agency; Department of OPHS–2017–0001 by one of the AGENCY FOR INTERNATIONAL Health and Human Services; National following methods: DEVELOPMENT Science Foundation; and Department of • Federal eRulemaking Portal (http:// Transportation. www.regulations.gov): 22 CFR Part 225 Æ ACTION: Interim final rule; delay of Enter the following link into your effective and compliance dates; request web browser’s address bar: https://www. DEPARTMENT OF LABOR for comments. regulations.gov/document?D=HHS- OPHS-2017-0001. 29 CFR Part 21 SUMMARY: In a final rule published on Æ Click the blue ‘‘Comment Now!’’ January 19, 2017, federal departments button in the upper right hand corner DEPARTMENT OF DEFENSE and agencies listed in this document and follow the instructions on how to made revisions to the Federal Policy for submit a comment. 32 CFR Part 219 the Protection of Human Subjects. The Æ Alternatively, you can enter the Consumer Product Safety Commission docket ID number into the ‘‘search’’ box DEPARTMENT OF EDUCATION (CPSC) adopted the same regulatory on the main page of the Federal changes in a separate final rule eRulemaking Portal (http:// 34 CFR Part 97 published on September 18, 2017. The www.regulations.gov) to find the revised policy, reflected in both final electronic docket. rules, is described here as the ‘‘2018 • Mail/Hand delivery/Courier [For Requirements.’’ The 2018 Requirements paper, disk, or CD–ROM submissions] are scheduled to become effective on to: Jerry Menikoff, M.D., J.D., OHRP,

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1101 Wootton Parkway, Suite 200, requirement for certain categories of impracticable, unnecessary, or contrary Rockville, MD 20852. research, and the elimination of the to the public interest. Pursuant to 5 • Comments received, including any requirement that institutional review U.S.C. 553(b)(3)(B), we find that good personal information, will be posted boards (IRBs) review grant applications. cause exists to waive normal rulemaking without change to http:// The HHS Secretary’s Advisory requirements for the delay of the www.regulations.gov. Committee on Human Research effective date and general compliance Protections (SACHRP) also date to July 19, 2018. We believe that a FOR FURTHER INFORMATION CONTACT: Jerry recommended in August 2017 that notice-and-comment procedure, in this Menikoff, M.D., J.D., Office for Human implementation of the 2018 limited instance, is impracticable, Research Protections (OHRP), Requirements should be delayed.2 unnecessary, or contrary to the public Department of Health and Human interest. Services, 1101 Wootton Parkway, Suite II. Delay of the Effective Date and Representatives of the regulated 200, Rockville, MD 20852; telephone: General Compliance Date community, and HHS’s own advisory 240–453–6900 or 1–866–447–4777; Through this interim final rule, we are committee, have requested a delay in facsimile: 301–402–2071; email delaying the effective date and the implementation of the 2018 [email protected]. general compliance date of the 2018 Requirements, citing the final rule’s SUPPLEMENTARY INFORMATION: Requirements for six months, until July complexity, the absence of needed I. Background 19, 2018. As described below, we revise guidance, and the need to revamp § l.101(l)(3)–(4) to specify that the institutional procedures and electronic On September 8, 2015, HHS and 15 general compliance date for the 2018 systems in order to come into other federal departments and agencies Requirements is July 19, 2018. compliance with the requirements of the published a Notice of Proposed Prior to July 19, 2018, regulated rule. We agree that regulated entities Rulemaking (NPRM) proposing entities will continue to comply with need additional time for revisions to each agency’s codification the pre-2018 Requirements and those implementation and compliance, which of the Federal Policy for the Protection requirements will be enforced by the would be furthered by the issuance of of Human Subjects, originally Common Rule departments and guidance by the Common Rule agencies. promulgated as a Common Rule in 1991. agencies. To clarify, regulated entities Without a delay, and without guidance, 80 FR 53931. On January 19, 2017, HHS are not allowed, prior to July 19, 2018, institutions that have expected a delay and other federal departments and to comply with the 2018 Requirements who hastily attempt to implement the agencies published a final rule revising in lieu of the pre-2018 Requirements. revised rule without adequate the Federal Policy for the Protection of Unless further regulatory action is preparation are bound to make mistakes, Human Subjects. 82 FR 7149. The taken, studies initiated on or after July the consequences of which may revised policy is hereafter referred to as 19, 2018, will be required to comply jeopardize the proper conduct of the ‘‘2018 Requirements.’’ The 2018 with the 2018 Requirements. Studies research and the safety and wellbeing of Requirements are scheduled to become initiated prior to July 19, 2018 (i.e., human subjects. At this point, it is effective on January 19, 2018, with a studies initially approved by an IRB, impracticable to gather comments on an general compliance date of January 19, studies for which IRB review was implementation delay prior to January 2018 (with the exception of the waived pursuant to § l.101(i), or 19, 2018, the scheduled effective date of revisions to the cooperative research studies determined to be exempt, before the 2018 Requirements. provision at § l.114(b), for which the July 19, 2018) would, as a default, In addition, the benefits underlying compliance date is January 20, 2020). continue to be subject to the pre-2018 this interim final rule, i.e., providing After publication of the 2018 Requirements for their duration. This certainty to entities in the regulated Requirements, representatives of the will maintain the ability of institutions community that they will be afforded regulated community, including to hold such studies to the same set of additional time before being subject to organizations representing recipients of standards throughout the studies’ compliance with the 2018 Requirements federal human subjects research awards, duration, and will avoid a requirement prior to the date such requirements are expressed concern regarding the that such research be subject to two sets scheduled to go into effect, would be regulated community’s ability to of rules. However, on or after July 19, substantially undermined if a notice and implement all of the 2018 Requirements 2018, institutions may elect instead to comment process were to occur before by the scheduled general compliance conduct such studies in compliance the delay set forth in this interim final date.1 Some of these stakeholders asked with the 2018 Requirements, as set forth rule was finalized. For example, we for a delay in the general compliance in § l.101(l)(3). understand that regulated entities may date of the 2018 Requirements with the This interim final rule does not delay need to devise new policies and exception of certain burden-reducing the compliance date for the cooperative procedures and new information provisions of the 2018 Requirements, research provision of the 2018 technology systems to accommodate the including certain carve-outs from the Requirements (§ l.114(b)), which 2018 Requirements in advance of the definition of ‘‘research,’’ exemptions, remains January 20, 2020. applicable effective and compliance elimination of the continuing review III. Good Cause for Interim Final Rule date. In addition, the effect of this interim final rule is simply to maintain Under Section 553(b) of the 1 See the June 21, 2017 letter to Jerry Menikoff the status quo by continuing to require from the Association of American Medical Colleges, Administrative Procedure Act (APA) (5 compliance with the pre-2018 Association of American Universities, Association U.S.C. 551 et seq.), a notice of proposed Requirements for several months. of Public & Land-grant Universities, and Council on rulemaking is not required when an Further, the federal departments and Governmental Relations, available at http://www. agency, for good cause, finds that notice cogr.edu/sites/default/files/AAMC_AAU_APLU_ agencies named in this interim final rule COGR%20Common%20Rule%20Delay%20Letter% and public comment thereon are are developing a notice of proposed 206-21-2017.pdf. See the June 9, 2017 letter to rulemaking in order to fully engage Secretary Thomas Price from the American Medical 2 SACHRP Recommendations of August 2, 2017, regulated entities and the public Informatics Association at https://www.amia.org/ Attachment A: https://www.hhs.gov/ohrp/sachrp- sites/default/files/AMIA%20Letter%20 committee/recommendations/attachment-a-august- regarding further delay of the 2018 Regarding%20the%20Common%20Rule.pdf. 2-2017/index.html. Requirements until January 21, 2019.

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The additional time provided by the six Department of Education A. Executive Orders 12866, 13563, and month delay in this interim final rule 13771 will allow sufficient time for the notice Continued adherence to the HHS standard protects the Department of Executive Orders 12866 and 13563 and comment rulemaking process to be direct agencies to assess all costs and completed. Issuance of this interim final Education (ED) from the potential loss of critical research opportunities as a benefits of available regulatory rule avoids the possible result of having alternatives and, if regulation is the federal departments and agencies result of inconsistent federal standards. The ED rule is also consistent with ED’s necessary, to select regulatory propose an implementation delay but be approaches that maximize net benefits unable to complete the rulemaking waiver authority under 34 CFR 97.101(i). (including potential economic, process and publish a final rule that environmental, public health and safety would be effective by January 19, 2018. IV. Legal Authorities effects; distributive impacts; and This could have resulted in the absurd equity). Executive Order 13563 is circumstance in which regulated The legal authorities for the supplemental to and reaffirms the entities would be technically required to departments and agencies that are principles, structures, and definitions come into compliance with the 2018 signatories to this action are as follows: governing regulatory review as Requirements on January 19, 2018, only Department of Homeland Security, 5 established in Executive Order 12866, until the date a final rule implementing U.S.C. 301; Public Law 107–296, sec. emphasizing the importance of the delay became effective. In this 102, 306(c); Public Law 108–458, sec. quantifying both costs and benefits, of unique circumstance, allowing the 8306. Department of Agriculture, 5 reducing costs, of harmonizing rules, regulation to become effective while U.S.C. 301; 42 U.S.C. 300v–1(b). and of promoting flexibility. In further rulemaking for delay is ongoing Department of Energy, 5 U.S.C. 301; 42 accordance with the provisions of would create confusion for, and impose U.S.C. 7254; 42 U.S.C. 300v–1(b). Executive Order 12866, this interim unnecessary burdens on, the regulated National Aeronautics and Space final rule has been determined to be a community. Administration, 5 U.S.C. 301; 42 U.S.C. ‘‘significant’’ regulatory action and was 300v–1(b). Department of Commerce, 5 We also find that good cause exists for submitted to the Office of Management U.S.C. 301; 42 U.S.C. 300v–1(b). immediate implementation of this and Budget (OMB) for review. Consumer Product Safety Commission, Executive Order 13771 directs interim final rule and waiver of the 30- 5 U.S.C. 301; 42 U.S.C. 300v–1(b). Agencies to identify at least two existing day delay in the effective date generally Social Security Administration, 5 U.S.C. regulations to be repealed for every new required by the APA. The APA provides 301; 42 U.S.C. 289(a). Agency for regulation unless prohibited by law. The that an agency is not required to delay International Development, 5 U.S.C. total incremental cost of all regulations the effective date when the agency, for 301; 42 U.S.C. 300v–1(b), unless issued in a given fiscal year must have good cause, finds that the requirement otherwise noted. Department of Labor, 5 costs within the amount of incremental is impracticable, unnecessary, or U.S.C. 301; 29 U.S.C. 551. Department costs allowed by the Director of the contrary to the public interest (5 U.S.C. of Defense, 5 U.S.C. 301. Department of Office of Management and Budget, 553(d)(3)). Given the reasons identified Education, 5 U.S.C. 301; 20 U.S.C. unless otherwise required by law or above for the good cause to dispense 1221e–3, 3474. Department of Veterans approved in writing by the Director of with notice and comment, we believe Affairs, 5 U.S.C. 301; 38 U.S.C. 501, the Office of Management and Budget. that this requirement is also met here. 7331, 7334; 42 U.S.C. 300v–1(b). This action’s designation as regulatory Further, the 30-day delay in the Environmental Protection Agency, 5 or deregulatory will be informed by effective date is normally intended to U.S.C. 301; 7 U.S.C. 136a(a) and comments received in response to this give affected parties time to adjust their 136w(a)(1); 21 U.S.C. 346a(e)(1)(C); sec. interim final rule. Details on the interim business practices and make 201, Public Law 109–54, 119 Stat. 531; estimates of costs and cost savings of preparations before a final rule takes and 42 U.S.C. 300v–1(b). Department of this rule can be found in the economic effect. Because the action being taken Health and Human Services, 5 U.S.C. analysis below. delays the effective date to July 19, 2018 301; 42 U.S.C. 289(a); 42 U.S.C. 300v– 1. Need for Final Rule and Summary and thus maintains the status quo, an 1(b). National Science Foundation, 5 additional 30-day delay of this action is U.S.C. 301; 42 U.S.C. 300v–1(b). This interim final rule is intended to unnecessary. Department of Transportation, 5 U.S.C. provide additional time to regulated entities for the preparations necessary to Department of Homeland Security 301; 42 U.S.C. 300v–1(b). implement the 2018 Requirements. This V. Regulatory Impact Analyses The rule issued by the Department of interim final rule further allows time for Homeland Security (DHS) is consistent We have examined the effects of this the federal departments and agencies with section 8306 of Public Law 108– interim final rule under Executive Order named in this interim final rule to 458, the Intelligence Reform and 12866 on Regulatory Planning and conduct a notice and comment Terrorism Prevention Act of 2004, under Review (September 30, 1993), Executive rulemaking process that will allow for which DHS shall comply with 45 CFR Order 13563 on Improving Regulation public engagement as to whether a part 46 or equivalent regulations issued and Regulatory Review (January 18, further delay in the implementation of by DHS; continued adherence to the 2011), Executive Order 13771 on the 2018 Requirements would be HHS standard best ensures that DHS Reducing Regulation and Controlling desirable. does not lose critical research Regulatory Costs (January 30, 2017), the 2. Analysis of Benefits (Cost-Savings) opportunities as a result of inconsistent Paperwork Reduction Act of 1995 (Pub. and Costs (Foregone Benefits) 3 federal standards. The DHS rule is also L. 104–13), the Regulatory Flexibility The RIA for the 2018 Requirements consistent with DHS’s waiver authority Act, (Pub. L. 96–354, September 19, described the benefits and costs of 16 under forthcoming 6 CFR 46.101(i), as 1980), the Unfunded Mandates Reform well as the exemption at 5 U.S.C. Act of 1995 (Pub. L. 104–4), and 3 Note, that the terms ‘‘benefits’’ and ‘‘cost- 553(a)(2) for rules related to ‘‘loans, Executive Order 13132 on Federalism savings’’ are used interchangeably in this RIA. grants, benefits, or contracts.’’ (August 4, 1999). Continued

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broad categories of changes finalized. period for the analysis in this RIA is 7 percent discount rate. Annualized The RIA for this interim final rule uses January 2018 to July 2018. costs of $49.5 million are estimated the information and calculations Table 1 summarizes the quantified using a 3 percent discount rate; and described in the preamble to the 2018 costs and cost savings of delaying $45.9 million using a 7 percent discount Requirements as a base for estimating implementation of 2018 Requirements. rate. Note that all values are represented benefits and costs of delaying Over the period of January 2018 to July in millions of 2016 dollars, and 2016 is implementation of the 2018 2018, annualized cost savings of $7.4 used as the frame of reference for Requirements by six months. The time million are estimated using a 3 percent discounting. discount rate; and $6.9 million using a

TABLE 1—ALL BENEFITS AND COSTS OF DELAYING THE 2018 REQUIREMENTS BY SIX MONTHS

Annualized value by discount rate (millions of 2016 dollars)

BENEFITS (COST-SAVINGS) ...... 3 Percent ...... 7 Percent. Quantified Benefits ...... 7.4 ...... 6.9. COSTS (FOREGONE BENEFITS) ...... 3 Percent ...... 7 Percent. Quantified Costs ...... 49.5 ...... 45.9.

The estimated benefits and costs of months are shown in Table 2 below. below includes the same 16 categories delaying the 2018 Requirements by six Note that the categorization shown used in the RIA of 2018 Requirements.

TABLE 2—ACCOUNTING TABLE OF QUANTIFIED BENEFITS (COST-SAVINGS) AND COSTS (FOREGONE BENEFITS) OF DELAYING THE 2018 REQUIREMENTS BY SIX MONTHS 4

Annualized value over 1 year by discount rate (millions of 2016 dollars) 2018 Requirement RIA category Benefits Costs (cost-savings) (foregone benefits) 3% 7% 3% 7%

Regulated Community Learning New Requirements and Developing Train- ing Materials; OHRP Developing Training and Guidance Materials, and Implementing the 2018 Requirements ...... – – – – Extending Oversight to IRBs Unaffiliated with an Institution Holding an FWA (impact to IRBs not operated by an FWA-holding institution) ...... 4.47 4.14 – – Excluding Activities from the Requirements of the Common Rule because They are not Research ...... – – 0.94 0.88 Clarifying and Harmonizing Regulatory Requirements and Agency Guidance – – – – Modifying the Assurance Requirements ...... – – 0.31 0.29 Requirement for Written Procedures and Agreements for Reliance on IRBs Not Operated by the Engaged Institution (impact to FWA-holding institu- tions) ...... – – – – Eliminating the Requirement that the Grant Application Undergo IRB Re- view and Approval ...... – – 17.0 15.7 Expansion of Research Activities Exempt from Full IRB Review ...... 0.01 0.01 20.8 19.3 Elimination of Continuing Review of Research Under Specific Conditions .... 2.07 1.92 7.73 7.17 Amending the Expedited Review Procedures ...... – – 2.66 2.47 Cooperative Research (single IRB mandate in multi-institutional research) 5 – – – – Changes in the Basic Elements of Consent, Including Documentation ...... – – – – Obtaining Consent to Secondary Use of Identifiable biospecimens and Iden- tifiable private information ...... – – – – Elimination of Pre-2018 Rule Requirement to Waive Consent in Certain Subject Recruitment Activities ...... – – 0.07 0.06 Requirement for Posting of Consent Forms for Clinical Trials Conducted or supported by Common Rule Department or Agencies ...... 0.85 0.79 – – Alteration in Waiver for Documentation of Informed Consent in Certain Cir- cumstances ...... – – – – 4 Zeroes in Table 2 (represented by ‘‘–’’) signify that the category has been unaffected by the six month delay of the 2018 Requirements, The category could be unaffected for one of two reasons: (1) No costs or benefits were associated with the category in the RIA for the 2018 Require- ments; or (2) the costs and benefits of the provision during the six month delay are the same as those estimated in the RIA for the 2018 Re- quirements. 5 Because compliance with this provision is not required until 2020, benefits and costs here are not included.

Similarly, the terms ‘‘costs’’ and ‘‘foregone benefits’’ are also used interchangeably.

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We assume that, in almost all Because the guidance necessary to economic impact on a substantial categories described in the RIA for the implement these provisions has not yet number of small entities if the rule 2018 Requirements, the foregone been developed, we now assume that 50 relieves regulatory burden, has no net benefits (costs) of delaying the 2018 percent of the regulated entities would burden or otherwise has a positive Requirements by six months are what not have taken advantage of the economic effect on the small entities would have been the benefits of expansion in exemptions or the revised subject to the rule. This interim final implementing the 2018 Requirements definition of research during the six- rule does not impose a regulatory during the period of January through month delay. For these entities, we burden for regulated small entities July of 2018. Similarly, we assume that, assume that there are no benefits and because it delays the effective date and in almost all categories described in the costs of the proposed delay, because general compliance date of the 2018 RIA for the 2018 Requirements, the they would not have changed their Requirements, allowing the status quo benefits (cost-savings) associated with operations. We assume that 50 percent to be retained for the period of delay. delaying the 2018 Requirements by six of the regulated entities would have We have, therefore, concluded that this months are what would have been the gone forward with using the new or action will have no net regulatory costs of implementing the 2018 expanded exemption categories under burden for all directly regulated small Requirements during the period of the 2018 Requirements; for these entities. entities, there are costs of delaying the January through July of 2018. We D. Unfunded Mandates Reform Act implementation of this provision during assume this because these categories (UMRA) generally would not have required the six-month delay of this interim final significant guidance from Common Rule rule. We are seeking comment on these Section 202(a) of the Unfunded departments or agencies in order to assumptions. Mandates Reform Act of 1995 requires implement the provisions, and thus that agencies prepare a written B. Paperwork Reduction Act (PRA) statement, which includes an could have been implemented as This interim final rule does not assessment of anticipated costs and assumed in the economic analysis impose any additional information benefits, before proposing ‘‘any rule that contained in the RIA for the 2018 collection burden under the PRA, and includes any Federal mandate that may Requirements. does not contain any information result in the expenditure by State, local, The exceptions to the above collection activities beyond the and tribal governments, in the aggregate, assumption relate to two RIA categories: information collection already approved or by the private sector, of $100,000,000 (1) Excluding activities from the by OMB under control number 0990– or more (adjusted annually for inflation) Common Rule because they are not 0260. in any one year.’’ The current threshold research; and (2) the expansion of after adjustment for inflation is $148 C. Regulatory Flexibility Act (RFA) research activities exempt from full IRB million, using the most current (2016) review. The 2018 Requirements include The Regulatory Flexibility Act (5 implicit price deflator for the gross four explicit categories of activities that U.S.C. 601 et seq.) (RFA) and the Small domestic product. We do not expect this have been deemed not research for the Business Regulatory Enforcement interim final rule to result in purposes of the Common Rule. In the Fairness Act of 1996, which amended expenditures that will exceed this absence of guidance, it would be the RFA, require agencies that issue a amount. This action does not contain difficult for institutions to fully take regulation to analyze options for any unfunded mandate as described in advantage of the exclusion of activities regulatory relief for small businesses. If UMRA, 2 U.S.C. 1531–1538, and does from the definition of research; therefore a rule has a significant impact on a not significantly or uniquely affect small we now assume that many institutions substantial number of small entities, governments. would not have used these categories agencies must specifically consider the E. Executive Order 13132: Federalism without guidance. economic effect of the rule on small Executive Order 13132 establishes The 2018 Requirements also include entities and analyze regulatory options certain requirements that an agency five new exemption categories, and that could lessen the impact of the rule. must meet when it promulgates a rule modify all but one exemption that exists The RFA generally defines a ‘‘small that imposes substantial direct in the pre-2018 Requirements. We have entity’’ as (1) a proprietary firm meeting requirement costs on state and local received feedback from SACHRP that the size standards of the Small Business governments or has federalism many of the exemption categories will Administration (SBA); (2) a nonprofit implications. We have determined that require significant guidance in order to organization that is not dominant in its the interim final rule does not contain be implemented.6 Areas where field; or (3) a small government policies that have substantial direct significant guidance is needed include: jurisdiction with a population of less effects on the States, on the relationship Applying the categories of the new than 50,000 (states and individuals are between the Federal Government and exemptions themselves, conducting not included in the definition of ‘‘small the States, or on the distribution of limited IRB review (as required in four entity’’). HHS considers a rule to have power and responsibilities among the exemptions), developing and using a significant economic impact on a various levels of government. The broad consent (as required in two substantial number of small entities if at changes to the 2018 Requirements exemptions), utilizing the exemption for least 5 percent of small entities contained in this interim final rule certain HIPAA covered activities, and experience an impact of more than 3 represent the Federal Government understanding which federally percent of revenue. This action does not have a significant regulating its own program. supported or conducted nonresearch economic impact on a substantial Accordingly, we conclude that the information collections qualify for number of small entities under the RFA. interim final rule does not contain exemption. In making this determination, the policies that have federalism impact of concern is any significant implications as defined in Executive 6 SACHRP Recommendations of August 2, 2017: https://www.hhs.gov/ohrp/sachrp-committee/ adverse economic impact on small Order 13132 and, consequently, a recommendations/sachrp-recommendations/ entities. An agency may certify that a federalism summary impact statement is index.html. rule will not have a significant not required.

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For the reasons set forth in the § 46.101 To what does this policy apply? § 1c.101 To what does this policy apply? preamble, the Federal Policy for the * * * * * * * * * * Protection of Human Subjects, as (l) * * * (l) * * * published in the Federal Register on (1) For purposes of this section, the (3) Research initially approved by an January 19, 2017 (82 FR 7149) and as pre-2018 Requirements means Subpart IRB, for which such review was waived adopted in a final rule published by the A to 45 CFR part 46, as published in the pursuant to § 1c.101(i), or for which a CPSC on September 18, 2017 (82 FR 2016 edition of the Code of Federal determination was made that the 43459), this common rule is further Regulations, which is the rule that DHS research was exempt before July 19, amended as follows: applied before it first promulgated this 2018, shall comply with the pre-2018 Text of the Amended Common Rule subpart. Requirements, except that an institution (2) For purposes of this section, the engaged in such research on or after July PART l—PROTECTION OF HUMAN 2018 Requirements means the Federal 19, 2018 may instead comply with the SUBJECTS Policy for the Protection of Human 2018 Requirements if the institution Subjects requirements contained in this determines that such ongoing research ■ 1. Amend § l.101 by revising part. The general compliance date for will comply with the 2018 paragraphs (l)(3) and (4) to read as the 2018 Requirements is July 19, 2019. Requirements and an IRB documents follows: The compliance date for § 46.114(b) such determination. (cooperative research) of the 2018 (4) Research initially approved by an § l.101 To what does this policy apply? Requirements is January 20, 2020. IRB, for which such review was waived * * * * * (3) Research initially approved by an pursuant to § 1c.101(i), or for which a (l) * * * IRB, for which such review was waived determination was made that the (3) Research initially approved by an pursuant to § 46.101(i), or for which a research was exempt on or after July 19, IRB, for which such review was waived determination was made that the 2018, shall comply with the 2018 pursuant to § l.101(i), or for which a research was exempt before July 19, Requirements. determination was made that the 2018, shall comply with the pre-2018 * * * * * research was exempt before July 19, Requirements, except that an institution Chavonda Jacobs-Young, 2018, shall comply with the pre-2018 engaged in such research on or after July Requirements, except that an institution Acting Deputy Under Secretary for Research, 19, 2018 may instead comply with the Education, and Economics, USDA. engaged in such research on or after July 2018 Requirements if the institution 19, 2018 may instead comply with the determines that such ongoing research DEPARTMENT OF ENERGY 2018 Requirements if the institution will comply with the 2018 List of Subjects in 10 CFR Part 745 determines that such ongoing research Requirements and an IRB documents will comply with the 2018 such determination. Human research subjects, Reporting Requirements and an IRB documents (4) Research initially approved by an and record-keeping requirements, such determination. IRB, for which such review was waived Research. (4) Research initially approved by an pursuant to § 46.101(i), or for which a For the reasons stated in the IRB, for which such review was waived determination was made that the preamble, the Department of Energy pursuant to § l.101(i), or for which a research was exempt on or after July 19, further amends 10 CFR part 745 as determination was made that the 2018, shall comply with the 2018 published in the Federal Register on research was exempt on or after July 19, Requirements. January 19, 2017 (82 FR 7149) as 2018, shall comply with the 2018 * * * * * follows: Requirements. William Bryan, * * * * * PART 745—PROTECTION OF HUMAN Deputy Under Secretary for Science & SUBJECTS DEPARTMENT OF HOMELAND Technology. SECURITY DEPARTMENT OF AGRICULTURE ■ 1. The authority citation for 745 continues to read as follows: List of Subjects in 6 CFR Part 46 List of Subjects in 7 CFR Part 1c Authority: 5 U.S.C. 301; 42 U.S.C. 7254; Human research subjects, Reporting Human research subjects, Reporting 42 U.S.C. 300v–1(b). and record-keeping requirements, and record-keeping requirements, ■ 2. Amend § 745.101 by revising Research. Research. paragraphs (l)(3) and (4) to read as For the reasons stated in the For the reasons stated in the follows: preamble, the Department of Homeland preamble, the Department of Agriculture § 745.101 To what does this policy apply? Security further amends 6 CFR part 46 further amends 7 CFR part 1c as as published in the Federal Register on published in the Federal Register on * * * * * January 19, 2017 (82 FR 7149) as January 19, 2017 (82 FR 7149) as (l) * * * follows: follows: (3) Research initially approved by an IRB, for which such review was waived PART 46—PROTECTION OF HUMAN PART 1c—PROTECTION OF HUMAN pursuant to § 745.101(i), or for which a SUBJECTS SUBJECTS determination was made that the research was exempt before July 19, ■ 1. The authority citation for 46 ■ 1. The authority citation for 1c 2018, shall comply with the pre-2018 continues to read as follows: continues to read as follows: Requirements, except that an institution Authority: 5 U.S.C. 301; P.L. 107–296, sec. Authority: 5 U.S.C. 301; 42 U.S.C. 300v– engaged in such research on or after July 102, 306(c); P.L. 108–458, sec. 8306. 1(b). 19, 2018 may instead comply with the ■ 2. Amend § 46.101 by revising ■ 2. Amend § 1c.101 by revising 2018 Requirements if the institution paragraphs (l)(1), (2), (3), and (4) to read paragraphs (l)(3) and (4) to read as determines that such ongoing research as follows: follows: will comply with the 2018

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Requirements and an IRB documents DEPARTMENT OF COMMERCE PART 1028—PROTECTION OF HUMAN such determination. List of Subjects in 15 CFR Part 27 SUBJECTS (4) Research initially approved by an ■ 1. The authority citation for 1028 Human research subjects, Reporting IRB, for which such review was waived continues to read as follows: pursuant to § 745.101(i), or for which a and record-keeping requirements, determination was made that the Research. Authority: 5 U.S.C. 301; 42 U.S.C. 300v– 1(b). research was exempt on or after July 19, For the reasons stated in the ■ 2. Amend § 1028.101 by revising 2018, shall comply with the 2018 preamble, the Department of Commerce Requirements. paragraphs (l)(3) and (4) to read as further amends 15 CFR part 27 as follows: * * * * * published in the Federal Register on Dan Brouillette, January 19, 2017 (82 FR 7149) as § 1028.101 To what does this policy apply? Deputy Secretary of Energy. follows: * * * * * (l) * * * NATIONAL AERONAUTICS AND PART 27—PROTECTION OF HUMAN (3) Research initially approved by an SPACE ADMINISTRATION SUBJECTS IRB, for which such review was waived pursuant to § 1028.101(i), or for which List of Subjects in 14 CFR Part 1230 ■ 1. The authority citation for 27 a determination was made that the continues to read as follows: Human research subjects, Reporting research was exempt before July 19, and record-keeping requirements, Authority: 5 U.S.C. 301; 42 U.S.C. 300v– 2018, shall comply with the pre-2018 Research. 1(b). Requirements, except that an institution For the reasons stated in the ■ 2. Amend § 27.101 by revising engaged in such research on or after July preamble, the National Aeronautics and paragraphs (l)(3) and (4) to read as 19, 2018 may instead comply with the Space Administration further amends follows: 2018 Requirements if the institution determines that such ongoing research 14 CFR part 1230 as published in the § 27.101 To what does this policy apply? Federal Register on January 19, 2017 will comply with the 2018 (82 FR 7149) as follows: * * * * * Requirements and an IRB documents (l) * * * such determination. PART 1230—PROTECTION OF HUMAN (3) Research initially approved by an (4) Research initially approved by an SUBJECTS IRB, for which such review was waived IRB, for which such review was waived pursuant to § 27.101(i), or for which a pursuant to § 1028.101(i), or for which ■ 1. The authority citation for 1230 determination was made that the a determination was made that the continues to read as follows: research was exempt before July 19, research was exempt on or after July 19, Authority: 5 U.S.C. 301; 42 U.S.C. 300v– 2018, shall comply with the pre-2018 2018, shall comply with the 2018 1(b). Requirements, except that an institution Requirements. * * * * * ■ 2. Amend § 1230.101 by revising engaged in such research on or after July 19, 2018 may instead comply with the Alberta E. Mills, paragraphs (l)(3) and (4) to read as Acting Secretary, Consumer Product Safety follows: 2018 Requirements if the institution determines that such ongoing research Commission. § 1230.101 To what does this policy apply? will comply with the 2018 SOCIAL SECURITY ADMINISTRATION Requirements and an IRB documents * * * * * List of Subjects in 20 CFR Part 431 such determination. (l) * * * (4) Research initially approved by an Human research subjects, Reporting (3) Research initially approved by an IRB, for which such review was waived and record-keeping requirements, IRB, for which such review was waived pursuant to § 27.101(i), or for which a Research. pursuant to § 1230.101(i), or for which determination was made that the For the reasons stated in the a determination was made that the research was exempt on or after July 19, preamble, the Social Security research was exempt before July 19, 2018, shall comply with the 2018 Administration further amends 20 CFR 2018, shall comply with the pre-2018 Requirements. part 431 as published in the Federal Requirements, except that an institution * * * * * Register on January 19, 2017 (82 FR engaged in such research on or after July 7149) as follows: 19, 2018 may instead comply with the Wilbur L. Ross, 2018 Requirements if the institution The Secretary of Commerce. PART 431—PROTECTION OF HUMAN determines that such ongoing research CONSUMER PRODUCT SAFETY SUBJECTS will comply with the 2018 COMMISSION ■ 1. The authority citation for 431 Requirements and an IRB documents continues to read as follows: such determination. List of Subjects in 16 CFR Part 1028 (4) Research initially approved by an Human research subjects, Reporting Authority: 5 U.S.C. 301; 42 U.S.C. 289(a). ■ IRB, for which such review was waived and record-keeping requirements, 2. Amend § 431.101 by revising pursuant to § 1230.101(i), or for which Research. paragraphs (l)(3) and (4) to read as follows: a determination was made that the For the reasons stated in the research was exempt on or after July 19, preamble, the Consumer Product Safety § 431.101 To what does this policy apply? 2018, shall comply with the 2018 Commission further amends 16 CFR * * * * * Requirements. part 1028 as published in the Federal (l) * * * * * * * * Register on January 19, 2017 (82 FR (3) Research initially approved by an James D. Polk, 7149) and as adopted in a final rule IRB, for which such review was waived Chief Health & Medical Officer, National published by the CPSC on September pursuant to § 431.101(i), or for which a Aeronautics and Space Administration. 18, 2017 (82 FR 43459) as follows: determination was made that the

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research was exempt before July 19, 2018, shall comply with the 2018 January 19, 2017 (82 FR 7149) as 2018, shall comply with the pre-2018 Requirements. follows: Requirements, except that an institution * * * * * engaged in such research on or after July PART 219—PROTECTION OF HUMAN Irene Koek, SUBJECTS 19, 2018 may instead comply with the Senior Deputy Assistant Administrator for 2018 Requirements if the institution Global Health, U.S. Agency for International ■ 1. The authority citation for 219 determines that such ongoing research Development. continues to read as follows: will comply with the 2018 Requirements and an IRB documents DEPARTMENT OF LABOR Authority: 5 U.S.C. 301. ■ 2. Amend § 219.101 by revising such determination. List of Subjects in 29 CFR Part 21 (4) Research initially approved by an paragraphs (l)(3) and (4) to read as Human research subjects, Reporting IRB, for which such review was waived follows: and record-keeping requirements, pursuant to § 431.101(i), or for which a Research. § 219.101 To what does this policy apply? determination was made that the * * * * * research was exempt on or after July 19, For the reasons stated in the (l) * * * 2018, shall comply with the 2018 preamble, the Department of Labor (3) Research initially approved by an Requirements. further amends 29 CFR part 21 as published in the Federal Register on IRB, for which such review was waived * * * * * January 19, 2017 (82 FR 7149) as pursuant to § 219.101(i), or for which a Nancy Berryhill, follows: determination was made that the Acting Commissioner, Social Security research was exempt before July 19, Administration. PART 21—PROTECTION OF HUMAN 2018, shall comply with the pre-2018 AGENCY FOR INTERNATIONAL SUBJECTS Requirements, except that an institution engaged in such research on or after July DEVELOPMENT ■ 1. The authority citation for 21 19, 2018 may instead comply with the List of Subjects in 22 CFR Part 225 continues to read as follows: 2018 Requirements if the institution Human research subjects, Reporting Authority: 5 U.S.C. 301; 29 U.S.C. 551. determines that such ongoing research and record-keeping requirements, ■ 2. Amend § 21.101 by revising will comply with the 2018 Research. paragraphs (l)(3) and (4) to read as Requirements and an IRB documents For the reasons stated in the follows: such determination. (4) Research initially approved by an preamble, the Agency for International § 21.101 To what does this policy apply? Development further amends 22 CFR IRB, for which such review was waived part 225 as published in the Federal * * * * * pursuant to § 219.101(i), or for which a Register on January 19, 2017 (82 FR (l) * * * determination was made that the (3) Research initially approved by an 7149) as follows: research was exempt on or after July 19, IRB, for which such review was waived 2018, shall comply with the 2018 PART 225—PROTECTION OF HUMAN pursuant to § 21.101(i), or for which a Requirements. SUBJECTS determination was made that the * * * * * research was exempt before July 19, ■ 1. The authority citation for 225 2018, shall comply with the pre-2018 Mary J. Miller, continues to read as follows: Requirements, except that an institution Principal Deputy, Assistant Secretary of Defense for Research and Engineering. Authority: 5 U.S.C. 301; 42 U.S.C. 300v– engaged in such research on or after July 1(b), unless otherwise noted. 19, 2018 may instead comply with the DEPARTMENT OF EDUCATION ■ 2. Amend § 225.101 by revising 2018 Requirements if the institution paragraphs (l)(3) and (4) to read as determines that such ongoing research List of Subjects in 34 CFR Part 97 follows: will comply with the 2018 Human research subjects, Reporting Requirements and an IRB documents and record-keeping requirements, § 225.101 To what does this policy apply? such determination. Research. * * * * * (4) Research initially approved by an For the reasons stated in the (l) * * * IRB, for which such review was waived preamble, the Department of Education (3) Research initially approved by an pursuant to § 21.101(i), or for which a further amends 34 CFR part 97 as IRB, for which such review was waived determination was made that the published in the Federal Register on pursuant to § 225.101(i), or for which a research was exempt on or after July 19, January 19, 2017 (82 FR 7149) as determination was made that the 2018, shall comply with the 2018 follows: research was exempt before July 19, Requirements. 2018, shall comply with the pre-2018 * * * * * PART 97—PROTECTION OF HUMAN Requirements, except that an institution R. Alexander Acosta, SUBJECTS engaged in such research on or after July Secretary of Labor. 19, 2018 may instead comply with the ■ 1. The authority citation for 97 2018 Requirements if the institution DEPARTMENT OF DEFENSE continues to read as follows: determines that such ongoing research List of Subjects in 32 CFR Part 219 Authority: 5 U.S.C. 301; 20 U.S.C. 1221e– will comply with the 2018 3, 3474. Requirements and an IRB documents Human research subjects, Reporting ■ 2. Amend § 97.101 by revising such determination. and record-keeping requirements, paragraphs (l)(3) and (4) to read as (4) Research initially approved by an Research. follows: IRB, for which such review was waived For the reasons stated in the pursuant to § 225.101(i), or for which a preamble, the Department of Defense § 97.101 To what does this policy apply? determination was made that the further amends 32 CFR part 219 as * * * * * research was exempt on or after July 19, published in the Federal Register on (l) * * *

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(3) Research initially approved by an pursuant to § 16.101(i), or for which a DEPARTMENT OF HEALTH AND IRB, for which such review was waived determination was made that the HUMAN SERVICES pursuant to § 97.101(i), or for which a research was exempt on or after July 19, List of Subjects in 45 CFR Part 46 determination was made that the 2018, shall comply with the 2018 research was exempt before July 19, Requirements. Human research subjects, Reporting 2018, shall comply with the pre-2018 * * * * * and record-keeping requirements, Requirements, except that an institution Gina S. Farrisee, Research. engaged in such research on or after July 19, 2018 may instead comply with the Deputy Chief of Staff, Department of For the reasons stated in the 2018 Requirements if the institution Veterans Affairs. preamble, the Department of Health and Human Services further amends 45 CFR determines that such ongoing research ENVIRONMENTAL PROTECTION part 46 as published in the Federal will comply with the 2018 AGENCY Requirements and an IRB documents Register on January 19, 2017 (82 FR such determination. List of Subjects in 40 CFR Part 26 7149) as follows: (4) Research initially approved by an PART 46—PROTECTION OF HUMAN IRB, for which such review was waived Human research subjects, Reporting SUBJECTS pursuant to § 97.101(i), or for which a and record-keeping requirements, Research. determination was made that the ■ 1. The authority citation for 46 research was exempt on or after July 19, For the reasons stated in the continues to read as follows: 2018, shall comply with the 2018 preamble, the Environmental Protection Requirements. Agency further amends 40 CFR part 26 Authority: 5 U.S.C. 301; 42 U.S.C. 289(a); 42 U.S.C. 300v–1(b). * * * * * as published in the Federal Register on Betsy DeVos, January 19, 2017 (82 FR 7149) as ■ 2. Amend § 46.101 by revising Secretary of Education. follows: paragraphs (l)(3) and (4) to read as follows: DEPARTMENT OF VETERANS PART 26—PROTECTION OF HUMAN AFFAIRS SUBJECTS § 46.101 To what does this policy apply? * * * * * List of Subjects in 38 CFR Part 16 ■ 1. The authority citation for 26 (l) * * * Human research subjects, Reporting continues to read as follows: and record-keeping requirements, (3) Research initially approved by an Authority: 5 U.S.C. 301; 7 U.S.C. 136a(a) Research. IRB, for which such review was waived and 136w(a)(1); 21 U.S.C. 346a(e)(1)(C); sec. For the reasons stated in the pursuant to § 46.101(i), or for which a 201, Pub. L. 109–54, 119 Stat. 531; and 42 determination was made that the preamble, the Department of Veterans U.S.C. 300v–1(b). Affairs further amends 38 CFR part 16 research was exempt before July 19, as published in the Federal Register on ■ 2. Amend § 26.101 by revising 2018, shall comply with the pre-2018 January 19, 2017 (82 FR 7149) as paragraphs (l)(3) and (4) to read as Requirements, except that an institution follows: follows: engaged in such research on or after July 19, 2018 may instead comply with the PART 16—PROTECTION OF HUMAN § 26.101 To what does this policy apply? 2018 Requirements if the institution SUBJECTS * * * * * determines that such ongoing research will comply with the 2018 (l) * * * ■ 1. The authority citation for 16 Requirements and an IRB documents continues to read as follows: (3) Research initially approved by an such determination. IRB, for which such review was waived Authority: 5 U.S.C. 301; 38 U.S.C. 501, (4) Research initially approved by an pursuant to § 26.101(i), or for which a 7331, 7334; 42 U.S.C. 300v–1(b). IRB, for which such review was waived determination was made that the ■ 2. Amend § 16.101 by revising pursuant to § 46.101(i), or for which a research was exempt before July 19, paragraphs (l)(3) and (4) to read as determination was made that the 2018, shall comply with the pre-2018 follows: research was exempt on or after July 19, Requirements, except that an institution 2018, shall comply with the 2018 § 16.101 To what does this policy apply? engaged in such research on or after July Requirements. * * * * * 19, 2018 may instead comply with the (l) * * * 2018 Requirements if the institution * * * * * (3) Research initially approved by an determines that such ongoing research Eric D. Hargan, IRB, for which such review was waived will comply with the 2018 Acting Secretary, Department of Health and pursuant to § 16.101(i), or for which a Requirements and an IRB documents Human Services. determination was made that the such determination. NATIONAL SCIENCE FOUNDATION research was exempt before July 19, (4) Research initially approved by an List of Subjects in 45 CFR Part 690 2018, shall comply with the pre-2018 IRB, for which such review was waived Requirements, except that an institution pursuant to § 26.101(i), or for which a Human research subjects, Reporting engaged in such research on or after July determination was made that the and record-keeping requirements, 19, 2018 may instead comply with the research was exempt on or after July 19, Research. 2018 Requirements if the institution 2018, shall comply with the 2018 determines that such ongoing research Requirements. For the reasons stated in the will comply with the 2018 preamble, the National Science Requirements and an IRB documents * * * * * Foundation further amends 45 CFR part such determination. E. Scott Pruitt, 690 as published in the Federal Register (4) Research initially approved by an Administrator, Environmental Protection on January 19, 2017 (82 FR 7149) as IRB, for which such review was waived Agency. follows:

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PART 690—PROTECTION OF HUMAN pursuant to § 11.101(i), or for which a • Federal eRulemaking Portal: Go to SUBJECTS determination was made that the http://www.regulations.gov. Follow the research was exempt before July 19, instructions for submitting comments. ■ 1. The authority citation for 690 2018, shall comply with the pre-2018 • Fax: 202–493–2251. continues to read as follows: Requirements, except that an institution • Mail: U.S. Department of Authority: 5 U.S.C. 301; 42 U.S.C. 300v– engaged in such research on or after July Transportation, Docket Operations, 1(b). 19, 2018 may instead comply with the M–30, West Building Ground Floor, ■ 2. Amend § 690.101 by revising 2018 Requirements if the institution Room W12–140, 1200 New Jersey paragraphs (l)(3) and (4) to read as determines that such ongoing research Avenue SE, Washington, DC 20590. • follows: will comply with the 2018 Hand Delivery: U.S. Department of Requirements and an IRB documents Transportation, Docket Operations, § 690.101 To what does this policy apply? such determination. M–30, West Building Ground Floor, * * * * * (4) Research initially approved by an Room W12–140, 1200 New Jersey (l) * * * IRB, for which such review was waived Avenue SE, Washington, DC, between 9 (3) Research initially approved by an pursuant to § 11.101(i), or for which a a.m. and 5 p.m., Monday through IRB, for which such review was waived determination was made that the Friday, except Federal holidays. pursuant to § 690.101(i), or for which a research was exempt on or after July 19, Examining the AD Docket determination was made that the 2018, shall comply with the 2018 research was exempt before July 19, Requirements. You may examine the AD docket on 2018, shall comply with the pre-2018 the internet at http:// Requirements, except that an institution * * * * * www.regulations.gov by searching for Elaine L. Chao, and locating Docket No. FAA–2018– engaged in such research on or after July Secretary of Transportation. 19, 2018 may instead comply with the 0023; or in person at the Docket 2018 Requirements if the institution [FR Doc. 2018–00997 Filed 1–17–18; 4:15 pm] Operations office between 9 a.m. and 5 determines that such ongoing research BILLING CODE 4150–36–P p.m., Monday through Friday, except will comply with the 2018 Federal holidays. The AD docket Requirements and an IRB documents contains this AD, the regulatory such determination. DEPARTMENT OF TRANSPORTATION evaluation, any comments received, and (4) Research initially approved by an other information. The street address for IRB, for which such review was waived Federal Aviation Administration the Docket Operations office (telephone: pursuant to § 690.101(i), or for which a 800–647–5527) is in the ADDRESSES determination was made that the 14 CFR Part 39 section. Comments will be available in research was exempt on or after July 19, the AD docket shortly after receipt. [Docket No. FAA–2018–0023; Product 2018, shall comply with the 2018 Identifier 2017–NM–084–AD; Amendment FOR FURTHER INFORMATION CONTACT: Requirements. 39–19164; AD 2018–02–11] Vladimir Ulyanov, Aerospace Engineer, * * * * * International Section, Transport RIN 2120–AA64 Lawrence Rudolph, Standards Branch, FAA, 1601 Lind General Counsel. Avenue SW, Renton, WA 98057–3356; Airworthiness Directives; Airbus telephone: 425–227–1138; fax: 425– DEPARTMENT OF TRANSPORTATION Airplanes 227–1149. 49 CFR Part 11 AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: Administration (FAA), DOT. List of Subjects in 49 CFR Part 11 Discussion ACTION: Final rule; request for The European Aviation Safety Agency Human research subjects, Reporting comments. and record-keeping requirements, (EASA), which is the Technical Agent Research. SUMMARY: We are adopting a new for the Member States of the European For the reasons stated in the airworthiness directive (AD) for certain Union, has issued EASA AD 2017–0078, preamble, the Department of Airbus Model A330–301, –321, –322 dated May 3, 2017 (referred to after this Transportation further amends 49 CFR and –342 airplanes. This AD requires as the Mandatory Continuing part 11 as published in the Federal contacting the FAA to obtain Airworthiness Information, or ‘‘the Register on January 19, 2017 (82 FR instructions for addressing the unsafe MCAI’’), to correct an unsafe condition 7149) as follows: condition on these products, and doing for certain Airbus Model A330–301, the actions specified in those –321, –322 and –342 airplanes. The PART 11—PROTECTION OF HUMAN instructions. This AD was prompted by MCAI states: SUBJECTS a report of cracking in the top skin of Cracks were found in the horizontal ■ 1. The authority citation for 11 the horizontal stabilizer (HS) center box stabilizer (HS) centre box (CB) top skin of an aeroplane in pre-modification 41330 continues to read as follows: (CB) of an airplane in pre-modification 41330 configuration. We are issuing this configuration. The cracks were initiated at Authority: 5 U.S.C. 301; 42 U.S.C. 300v– AD to address the unsafe condition on the upper flange corner at Rib 3 rear spar area on left hand side of the CB. 1(b). these products. ■ 2. Amend § 11.101 by revising This condition, if not detected and DATES: This AD becomes effective paragraphs (l)(3) and (4) to read as corrected, could lead to reduced structural February 6, 2018. integrity of the HS CB of the aeroplane. follows: We must receive comments on this To address this unsafe condition, Airbus § 11.101 To what does this policy apply? AD by March 8, 2018. published Service Bulletin (SB) A330–55– 3046 to provide inspection instructions for * * * * * ADDRESSES: You may send comments, the affected area. (l) * * * using the procedures found in 14 CFR For the reason described above, this (3) Research initially approved by an 11.43 and 11.45, by any of the following [EASA] AD requires a one-time special IRB, for which such review was waived methods: detailed inspection (SDI) of the HS CB top

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skin integral flange area and, depending on FAA’s Determination of the Effective environmental, and energy aspects of findings, accomplishment of applicable Date this AD. We will consider all comments corrective action(s). This [EASA] AD also Since there are currently no domestic received by the closing date and may requires reporting of the inspection results, amend this AD based on those including no findings, to Airbus. operators of this product, we find good cause that notice and opportunity for comments. You may examine the MCAI on the prior public comment are unnecessary. We will post all comments we internet at http://www.regulations.gov In addition, for the reasons stated above, receive, without change, to http:// by searching for and locating Docket No. we find that good cause exists for www.regulations.gov, including any FAA–2018–0023. making this amendment effective in less personal information you provide. We FAA’s Determination and Requirements than 30 days. will also post a report summarizing each of This AD Comments Invited substantive verbal contact we receive about this AD. This product has been approved by This AD is a final rule that involves the aviation authority of another requirements affecting flight safety, and Costs of Compliance country, and is approved for operation we did not precede it by notice and in the United States. Pursuant to our opportunity for public comment. We Currently, there are no affected U.S.- bilateral agreement with the State of invite you to send any written relevant registered airplanes. This AD requires Design Authority, we have been notified data, views, or arguments about this AD. contacting the FAA to obtain of the unsafe condition described in the Send your comments to an address instructions for addressing the unsafe MCAI. We are issuing this AD because listed under the ADDRESSES section. condition, and doing the actions we evaluated all pertinent information Include ‘‘Docket No. FAA–2018–0023; specified in those instructions. Based on and determined the unsafe condition Product Identifier 2017–NM–084–AD’’ the actions specified in the MCAI AD, exists and is likely to exist or develop at the beginning of your comments. We we are providing the following cost on other products of the same type specifically invite comments on the estimates for an affected airplane that is design. overall regulatory, economic, placed on the U.S. Register in the future:

ESTIMATED COSTS

Cost per Action Labor cost Parts cost product

High frequency eddy current inspection ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 Reporting ...... 1 work-hour × $85 per hour = $85 ...... 0 85

We have received no definitive data Authority for This Rulemaking delegated the authority to issue ADs that would enable us to provide cost applicable to transport category Title 49 of the United States Code estimates for the on-condition actions airplanes to the Director of the System specifies the FAA’s authority to issue Oversight Division. specified in this AD. rules on aviation safety. Subtitle I, Paperwork Reduction Act section 106, describes the authority of Regulatory Findings the FAA Administrator. ‘‘Subtitle VII: We determined that this AD will not A federal agency may not conduct or Aviation Programs,’’ describes in more have federalism implications under sponsor, and a person is not required to detail the scope of the Agency’s Executive Order 13132. This AD will respond to, nor shall a person be subject authority. not have a substantial direct effect on to penalty for failure to comply with a We are issuing this rulemaking under the States, on the relationship between collection of information subject to the the authority described in ‘‘Subtitle VII, the national government and the States, requirements of the Paperwork Part A, Subpart III, Section 44701: or on the distribution of power and Reduction Act unless that collection of General requirements.’’ Under that responsibilities among the various information displays a current valid section, Congress charges the FAA with levels of government. OMB control number. The control promoting safe flight of civil aircraft in For the reasons discussed above, I number for the collection of information air commerce by prescribing regulations certify that this AD: required by this AD is 2120–0056. The for practices, methods, and procedures 1. Is not a ‘‘significant regulatory paperwork cost associated with this AD the Administrator finds necessary for action’’ under Executive Order 12866; has been detailed in the Costs of safety in air commerce. This regulation 2. Is not a ‘‘significant rule’’ under the Compliance section of this document is within the scope of that authority DOT Regulatory Policies and Procedures and includes time for reviewing because it addresses an unsafe condition (44 FR 11034, February 26, 1979); instructions, as well as completing and that is likely to exist or develop on 3. Will not affect intrastate aviation in reviewing the collection of information. products identified in this rulemaking Alaska; and Therefore, all reporting associated with action. 4. Will not have a significant this AD is mandatory. Comments This AD is issued in accordance with economic impact, positive or negative, concerning the accuracy of this burden authority delegated by the Executive on a substantial number of small entities and suggestions for reducing the burden Director, Aircraft Certification Service, under the criteria of the Regulatory should be directed to the FAA at 800 as authorized by FAA Order 8000.51C. Flexibility Act. In accordance with that order, issuance Independence Ave. SW, Washington, of ADs is normally a function of the List of Subjects in 14 CFR Part 39 DC 20591, ATTN: Information Compliance and Airworthiness Air transportation, Aircraft, Aviation Collection Clearance Officer, AES–200. Division, but during this transition safety, Incorporation by reference, period, the Executive Director has Safety.

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Adoption of the Amendment requested using the procedures found in 14 DEPARTMENT OF TRANSPORTATION CFR 39.19. In accordance with 14 CFR 39.19, Accordingly, under the authority send your request to your principal inspector Federal Aviation Administration delegated to me by the Administrator, or local Flight Standards District Office, as the FAA amends 14 CFR part 39 as appropriate. If sending information directly 14 CFR Part 39 follows: to the International Section, send it to the [Docket No. FAA–2017–0719; Product attention of the person identified in PART 39—AIRWORTHINESS Identifier 2017–NE–22–AD; Amendment 39– DIRECTIVES paragraph (j)(2) of this AD. Information may 19163; AD 2018–02–10] be emailed to: 9-ANM-116-AMOC- ■ 1. The authority citation for part 39 [email protected]. Before using any RIN 2120–AA64 continues to read as follows: approved AMOC, notify your appropriate principal inspector, or lacking a principal Airworthiness Directives; Pratt & Authority: 49 U.S.C. 106(g), 40113, 44701. inspector, the manager of the local flight Whitney Division Turbofan Engines § 39.13 [Amended] standards district office/certificate holding AGENCY: Federal Aviation district office. ■ 2. The FAA amends § 39.13 by adding Administration (FAA), DOT. the following new airworthiness (i) Paperwork Reduction Act Burden ACTION: Final rule. directive (AD): Statement SUMMARY: We are adopting a new 2018–02–11 Airbus: Amendment 39–19164; A federal agency may not conduct or sponsor, and a person is not required to airworthiness directive (AD) for all Pratt Docket No. FAA–2018–0023; Product & Whitney Division (PW) PW4074, Identifier 2017–NM–084–AD. respond to, nor shall a person be subject to a penalty for failure to comply with a PW4074D, PW4077, PW4077D, (a) Effective Date collection of information subject to the PW4084D, PW4090, and PW4090–3 This AD becomes effective February 6, requirements of the Paperwork Reduction turbofan engines. This AD was 2018. Act unless that collection of information prompted by the discovery of multiple (b) Affected ADs displays a current valid OMB Control cracked outer diffuser cases. This AD requires initial and repetitive None. Number. The OMB Control Number for this information collection is 2120–0056. Public inspections to detect cracks in the outer (c) Applicability reporting for this collection of information is diffuser case and removal from service This AD applies to Airbus Model A330– estimated to be approximately 1 hour per of cases that fail inspection. We are 301, –321, –322 and A330–342 airplanes, response, including the time for reviewing issuing this AD to address the unsafe certificated in any category, manufacturer instructions, completing and reviewing the condition on these products. serial numbers 0012, 0017, 0030, 0037, 0045, collection of information. All responses to DATES: This AD is effective February 26, 0050, 0060, 0062, 0064, 0065, 0071, 0082, this collection of information are mandatory. 2018. 0083, 0098, 0099, 0102, 0106, 0109, 0112, Comments concerning the accuracy of this 0132 and 0177. The Director of the Federal Register burden and suggestions for reducing the approved the incorporation by reference (d) Subject burden should be directed to the FAA at: 800 of a certain publication listed in this AD Air Transport Association (ATA) of Independence Ave. SW, Washington, DC as of February 26, 2018. America Code 55, Stabilizers. 20591, Attn: Information Collection ADDRESSES: For service information Clearance Officer, AES–200. (e) Reason identified in this final rule, contact Pratt This AD was prompted by a report of (j) Related Information & Whitney Division, 400 Main St., East cracking in the top skin of the horizontal (1) Refer to MCAI EASA AD 2017–0078, Hartford, CT 06118; phone: 800–565– stabilizer (HS) center box (CB) of an airplane dated May 3, 2017, for related information. 0140; fax: 860–565–5442. You may view in pre-modification 41330 configuration. We You may examine the MCAI on the internet this service information at the FAA, are issuing this AD to detect and correct at http://www.regulations.gov by searching Engine and Propeller Standards Branch, cracking in the HS CB, which could lead to for and locating Docket No. FAA–2018–0023. 1200 District Avenue, Burlington, MA. reduced structural integrity of the airplane. (2) For more information about this AD, For information on the availability of (f) Compliance contact Vladimir Ulyanov, Aerospace this material at the FAA, call 781–238– Comply with this AD within the Engineer, International Section, Transport 7759. It is also available on the internet compliance times specified, unless already Standards Branch, FAA, 1601 Lind Avenue at http://www.regulations.gov by done. SW, Renton, WA 98057–3356; telephone: searching for and locating Docket No. FAA–2017–0719. (g) Required Action(s) 425–227–1138; fax: 425–227–1149. Within 30 days after the effective date of (k) Material Incorporated by Reference Examining the AD Docket this AD, request instructions from the None. You may examine the AD docket on Manager, International Section, Transport the internet at http:// Standards Branch, FAA, to address the Issued in Renton, Washington, on January unsafe condition specified in paragraph (e) of 10, 2018. www.regulations.gov by searching for and locating Docket No. FAA–2017– this AD; and accomplish the actions at the John P. Piccola, Jr., times specified in, and in accordance with, 0719; or in person at Docket Operations those instructions. Guidance can be found in Acting Director, System Oversight Division, between 9 a.m. and 5 p.m., Monday Mandatory Continuing Airworthiness Aircraft Certification Service. through Friday, except Federal holidays. Information (MCAI) European Aviation [FR Doc. 2018–00949 Filed 1–19–18; 8:45 am] The AD docket contains this final rule, Safety Agency (EASA) AD 2017–0078, dated BILLING CODE 4910–13–P the regulatory evaluation, any May 3, 2017. comments received, and other (h) Alternative Methods of Compliance information. The address for Docket (AMOCs) Operations (phone: 800–647–5527) is The Manager, International Section, Document Operations, U.S. Department Transport Standards Branch, FAA, has the of Transportation, Docket Operations, authority to approve AMOCs for this AD, if M–30, West Building Ground Floor,

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Room W12–140, 1200 New Jersey per PW ASB PW4G–112–A72–347, acceptable level of safety because the Avenue SE, Washington, DC 20590. dated March 31, 2017 prior to the piece-part level FPI specified in PW CIR FOR FURTHER INFORMATION CONTACT: Jo- effective date of this AD. Manual Part Number 51A750, section Ann Theriault, Aerospace Engineer, We disagree. Since use of PW ASB 72–41–13, Inspection/Check-02 is ECO Branch, FAA, 1200 District PW4G–112–A72–347, dated March 31, equivalent to the inspection mandated Avenue, Burlington, MA 01803; phone: 2017, is required in the compliance by this AD. Since we did not 781–238–7105; fax: 781–238–7199; section of this AD, we do not need to incorporate by reference a particular FPI email: [email protected]. reference this SB in the Credit for process specification, a high sensitivity SUPPLEMENTARY INFORMATION: Previous Actions paragraph. Inspections FPI using the methods, techniques, and performed per PW ASB PW4G–112– practices equivalent to the current Discussion A72–347 prior to the effective date of manufacturer’s maintenance manual or We issued a notice of proposed this AD meet the criteria of ‘‘unless Instructions for Continued rulemaking (NPRM) to amend 14 CFR already done’’ in the compliance section Airworthiness satisfy both the initial part 39 by adding an AD that would of this AD. and repetitive requirements of this AD. apply to PW PW4074, PW4074D, Request To Change Definitions We did not change this AD. PW4077, PW4077D, PW4084D, PW4090, and PW4090–3 turbofan UAL requested that we define ‘‘engine Request To Change Service Information engines. The NPRM published in the disassembly’’ as ‘‘when the M flange is PW requested that we change the Federal Register on August 25, 2017 (82 split’’. UAL reasoned that this would service information reference from PW FR 40514). The NPRM was prompted by clarify the compliance requirements for ASB PW4G–112–A72–347, dated March the discovery of multiple cracked outer operators and is consistent with PW 31, 2017, to PW ASB PW4G–112–A72– diffuser cases. The NPRM proposed to ASB PW4G–112–A72–347, dated March 347, Revision No. 1, dated October 26, require initial and repetitive inspections 31, 2017. 2017. PW stated that the SB has been to detect cracks in the outer diffuser We agree. Defining ‘‘engine revised to provide inspection case and removal from service of cases disassembly’’ clarifies compliance clarifications requested by operators. that fail inspection. We are issuing this requirements for operators. We added a We disagree. We did not include PW AD to correct the unsafe condition on Definition paragraph to this AD. ASB PW4G–112–A72–347, Revision No. these products. Request To Change Compliance Time 1, dated October 26, 2017, since the risk analysis was based on the original ASB Comments UAL requested that we add a third and we did not have the opportunity to We gave the public the opportunity to option for the initial inspection so that give the public a chance to comment on participate in developing this final rule. it could be performed prior to this revision. We did not change this The following presents the comments accumulating 13,000 cycles since new, AD. received on the NPRM and the FAA’s or within 1,000 cycles from the effective response to each comment. date of this AD, or within 2,000 cycles Conclusion since the last outer diffuser case piece- We reviewed the relevant data, Request To Change Compliance part fluorescent penetration inspection considered the comments received, and PW requested that we change the (FPI), whichever occurs later. determined that air safety and the effective date of the 1,000 cycle We partially agree. We agree with public interest require adopting this drawdown to ‘‘within 1,000 flight cycles giving operator’s credit for inspections final rule with the changes described from March 31, 2017’’, to coincide with done at piece-part exposure because if previously. We have determined that PW Alert Service Bulletin (ASB) PW4G– the outer diffuser case was inspected at these minor changes: 112–A72–347, rather than ‘‘within 1,000 piece-part exposure and passed • Are consistent with the intent that flight cycles from the effective date of inspection, it meets the initial was proposed in the NPRM for this AD’’. PW stated that making the inspection requirement mandated by correcting the unsafe condition; and 1,000 cycle drawdown effective March this AD. We added a ‘‘Credit for • Do not add any additional burden 31, 2017, rather than the effective date Previous Actions’’ paragraph to this AD. upon the public than was already of this AD, maintains the same level of Therefore, we disagree with adding the proposed in the NPRM. risk. third option to the initial inspection We also determined that these We disagree with changing the compliance time specified in paragraph changes will not increase the economic effective date of the 1,000 cycle (g)(1) of this AD. burden on any operator or increase the drawdown to ‘‘within 1,000 flight cycles Request To Change Compliance scope of this final rule. from March 31, 2017’’, to coincide with PW ASB PW4G–112–A72–347 because UAL requested that we identify the Related Service Information Under 1 we cannot force mandatory action based outer diffuser case piece-part level FPI CFR Part 51 on dates in the past. Mandatory action done in accordance with PW Cleaning, We reviewed PW ASB PW4G–112– must be based on the effective date of Inspection and Repair (CIR) Manual 72– A72–347, dated March 31, 2017. This this AD. In addition, we determined that 41–13, Inspection/Check-02, as an PW ASB provides guidance on basing the initial inspection and the acceptable means of compliance for the performing outer diffuser case FPIs. inspection interval on the effective date repetitive inspections. UAL reasoned This service information is reasonably of this AD maintains an acceptable level that when the outer diffuser case is at available because the interested parties of safety. We did not change this AD. piece-part level, PW CIR Manual 72–41– have access to it through their normal 13, Inspection/Check-02, is performed. course of business or by the means Request To Add Credit for Previous The piece-part level FPI is equivalent to identified in the ADDRESSES section. Actions the high sensitivity module level PW and United Airlines (UAL) inspection provided in PW ASB PW4G– Other Related Service Information requested that we add Credit for 112–A72–347, dated March 31, 2017. We reviewed PW4000 Series (112 Previous Actions to allow operators to We agree. Inspections performed at Inch) Engine CIR Manual, Part Number take credit for inspections performed piece-part exposure maintain an 51A750, Revision Number 74, section

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72–41–13, Inspection/Check-02, dated Costs of Compliance We estimate the following costs to July 15, 2017. This manual section comply with this AD: provides guidance on performing a high We estimate that this AD affects 121 sensitivity FPI of the outer diffuser case engines installed on airplanes of U.S. at piece-part exposure. registry.

ESTIMATED COSTS

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

Tt3 boss inspection ...... 3.5 work-hours × $85 per hour = $297.50 ..... $0 $297.50 $35,997.50

We estimate the following costs to do be required based on the results of the cases will need to be replaced in the any necessary replacements that would proposed inspection. We estimate six domestic fleet.

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

FPI Inspection of outer diffuser case ...... 10 work-hours × $85 per hour = $850 ...... $0 $850 Replacement of outer diffuser case ...... $0 ...... 750,000 750,000

Authority for This Rulemaking substantial direct effect on the States, on 2018–02–10 Pratt & Whitney Division: Amendment 39–19163; Docket No. Title 49 of the United States Code the relationship between the national government and the States, or on the FAA–2017–0719; Product Identifier specifies the FAA’s authority to issue 2017–NE–22–AD. rules on aviation safety. Subtitle I, distribution of power and section 106, describes the authority of responsibilities among the various (a) Effective Date the FAA Administrator. Subtitle VII: levels of government. This AD is effective February 26, 2018. For the reasons discussed above, I Aviation Programs, describes in more (b) Affected ADs certify that this AD: detail the scope of the Agency’s None. authority. (1) Is not a ‘‘significant regulatory We are issuing this rulemaking under action’’ under Executive Order 12866, (c) Applicability the authority described in Subtitle VII, (2) Is not a ‘‘significant rule’’ under This AD applies to all Pratt & Whitney Part A, Subpart III, Section 44701: DOT Regulatory Policies and Procedures Division (PW) PW4074, PW4074D, PW4077, ‘‘General requirements.’’ Under that (44 FR 11034, February 26, 1979), PW4077D, PW4084D, PW4090, and PW4090– section, Congress charges the FAA with (3) Will not affect intrastate aviation 3 turbofan engines with outer diffuser case, in Alaska, and part number (P/N) 50J775 or P/N 50J930, promoting safe flight of civil aircraft in installed. air commerce by prescribing regulations (4) Will not have a significant for practices, methods, and procedures economic impact, positive or negative, (d) Subject the Administrator finds necessary for on a substantial number of small entities Joint Aircraft System Component (JASC) safety in air commerce. This regulation under the criteria of the Regulatory Code 7240, Turbine Engine Combustion is within the scope of that authority Flexibility Act. Section. because it addresses an unsafe condition List of Subjects in 14 CFR Part 39 (e) Unsafe Condition that is likely to exist or develop on This AD was prompted by the discovery of products identified in this rulemaking Air transportation, Aircraft, Aviation multiple cracked outer diffuser cases. We are action. safety, Incorporation by reference, issuing this AD to prevent failure of the outer This AD is issued in accordance with Safety. diffuser case. The unsafe condition, if not authority delegated by the Executive Adoption of the Amendment corrected, could result in failure of the outer Director, Aircraft Certification Service, diffuser case, uncontained case release, as authorized by FAA Order 8000.51C. Accordingly, under the authority damage to the engine, and damage to the In accordance with that order, issuance delegated to me by the Administrator, airplane. of ADs is normally a function of the the FAA amends 14 CFR part 39 as (f) Compliance Compliance and Airworthiness follows: Comply with this AD within the Division, but during this transition PART 39—AIRWORTHINESS compliance times specified, unless already period, the Executive Director has done. delegated the authority to issue ADs DIRECTIVES (g) Required Actions applicable to engines, propellers, and ■ 1. The authority citation for part 39 associated appliances to the Manager, (1) Perform an initial high sensitivity continues to read as follows: Engine and Propeller Standards Branch, fluorescent penetrant inspection (FPI) of the Authority: 49 U.S.C. 106(g), 40113, 44701. outer diffuser case T3 thermocouple probe Policy and Innovation Division. boss (Tt3 boss) prior to accumulating 13,000 Regulatory Findings § 39.13 [Amended] cycles since new (CSN), or within 1,000 flight cycles from the effective date of this This AD will not have federalism ■ 2. The FAA amends § 39.13 by adding AD, whichever occurs later. If the case CSN implications under Executive Order the following new airworthiness is unknown, inspect within 1,000 flight 13132. This AD will not have a directive (AD): cycles from the effective date of this AD.

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(2) Thereafter, repeat the high sensitivity paragraph 1.G., of PW ASB PW4G–112–A72– (4) Within 30 days of the effective date of FPI of the outer diffuser case Tt3 boss within 347, dated March 31, 2017. this AD, update the mandatory inspections of 2,000 flight cycles since the last FPI. (ii) For assembled engines not installed on- the Airworthiness Limitations Section (ALS) (3) If an indication is found during the wing, re-inspect or remove in accordance of your Instructions for Continued inspections required by paragraphs (g)(1) or with the Accomplishment Instructions, Part Airworthiness to include the piece-part (2) of this AD, re-inspect or remove the outer B, paragraph 1.C., of PW ASB PW4G–112– diffuser case from service as follows: A72–347, dated March 31, 2017. inspections of the diffuser case as defined in (i) For engines installed on-wing, re- (iii) For disassembled engines, if any Figure 1 to paragraph (g) of this AD. inspect or remove in accordance with the cracks are found, remove the outer diffuser Accomplishment Instructions, Part A, case from service before further flight.

(h) Credit for Previous Actions obtained from PW, using the contact DEPARTMENT OF TRANSPORTATION You may take credit for the high sensitivity information in paragraph (l)(3) of this AD. Federal Aviation Administration FPI of the outer diffuser case Tt3 boss that (l) Material Incorporated by Reference is required by paragraph (g)(1) of this AD if you performed a high sensitivity FPI of the (1) The Director of the Federal Register 14 CFR Part 39 outer diffuser case at piece-part exposure approved the incorporation by reference before the effective date of this AD, using (IBR) of the service information listed in this [Docket No. FAA–2018–0022; Product PW4000 Series (112 Inch) Engine CIR paragraph under 5 U.S.C. 552(a) and 1 CFR Identifier 2015–NM–044–AD; Amendment 39–19162; AD 2018–02–09] Manual, P/N 51A750, section 72–41–13, part 51. Inspection/Check-02, dated July 15, 2017. (2) You must use this service information RIN 2120–AA64 (i) Definition as applicable to do the actions required by For the purpose of this AD, an engine is this AD, unless the AD specifies otherwise. Airworthiness Directives; Fokker considered disassembled any time the ‘‘M’’ (i) Pratt & Whitney (PW) Alert Service Services B.V. Airplanes flange is separated. Bulletin PW4G–112–A72–347, dated March AGENCY: 31, 2017. Federal Aviation (j) Alternative Methods of Compliance (ii) Reserved. Administration (FAA), DOT. (AMOCs) (3) For PW service information identified ACTION: Final rule; request for (1) The Manager, ECO Branch, FAA, has in this AD, contact Pratt & Whitney Division, comments. the authority to approve AMOCs for this AD, 400 Main St., East Hartford, CT 06118; if requested using the procedures found in 14 SUMMARY: phone: 800–565–0140; fax: 860–565–5442. We are superseding CFR 39.19. In accordance with 14 CFR 39.19, Airworthiness Directive (AD) 2008–06– send your request to your principal inspector (4) You may view this service information at FAA, Engine and Propeller Standards 20 R1, which applied to all Fokker or local Flight Standards District Office, as Services B.V. Model F28 Mark 0070 and appropriate. If sending information directly Branch, 1200 District Avenue, Burlington, to the manager of the ECO Branch, send it to MA. For information on the availability of 0100 airplanes, and certain Model F28 the attention of the person identified in this material at the FAA, call 781–238–7759. Mark 1000, 2000, 3000, and 4000 paragraph (k)(1) of this AD. You may email (5) You may view this service information airplanes. AD 2008–06–20 R1 required your request to: [email protected]. that is incorporated by reference at the revising the Airworthiness Limitations (2) Before using any approved AMOC, National Archives and Records Section (ALS) of the Instructions for notify your appropriate principal inspector, Administration (NARA). For information on Continued Airworthiness for certain or lacking a principal inspector, the manager the availability of this material at NARA, call airplanes, and the maintenance or of the local flight standards district office/ inspection program, as applicable, for certificate holding district office. 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibr- certain other airplanes, to incorporate (k) Related Information locations.html. new limitations for fuel tank systems. (1) For more information about this AD, AD 2008–06–20 R1 also clarified the Issued in Burlington, Massachusetts, on contact Jo-Ann Theriault, Aerospace intended effect on spare and on-airplane January 12, 2018. Engineer, ECO Branch, FAA, 1200 District fuel tank system components, regarding Avenue, Burlington, MA 01803; phone: 781– Robert J. Ganley, the use of maintenance manuals and 238–7105; fax: 781–238–7199; email: jo- Manager, Engine and Propeller Standards instructions for continued [email protected]. Branch, Aircraft Certification Service. (2) PW4000 Series (112 Inch) Engine CIR airworthiness. This new AD was Manual, Part Number 51A750, Revision [FR Doc. 2018–00999 Filed 1–19–18; 8:45 am] prompted by revised fuel airworthiness Number 74, section 72–41–13, Inspection/ BILLING CODE 4910–13–P limitation items (ALI) tasks, and critical Check-02, dated July 15, 2017, which is not design configuration control limitations incorporated by reference in this AD, can be (CDCCL) items, and associated

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thresholds, intervals, and instructions. CDCCL items, and associated primarily to introduce 5 additional CDCCL This AD requires contacting the FAA to thresholds, intervals and instructions. items. obtain instructions for addressing the AD 2008–06–20 R1 required revising the You may examine the MCAI on the unsafe condition on these products, and ALS of the Instructions for Continued internet at http://www.regulations.gov doing the actions specified in those Airworthiness for certain airplanes, and by searching for and locating Docket No. instructions. We are issuing this AD to the FAA-approved maintenance or FAA–2018–0022. address the unsafe condition on these inspection program, as applicable, for products. certain other airplanes, to incorporate FAA’s Determination and Requirements of This AD DATES: This AD becomes effective new limitations for fuel tank systems. This product has been approved by February 6, 2018. AD 2008–06–20 R1 also clarified the We must receive comments on this AD’s intended effect on spare and on- the aviation authority of another AD by March 8, 2018. airplane fuel tank system components, country, and is approved for operation regarding the use of maintenance in the United States. Pursuant to our ADDRESSES: You may send comments, bilateral agreement with the State of using the procedures found in 14 CFR manuals and instructions for continued Design Authority, we have been notified 11.43 and 11.45, by any of the following airworthiness. We issued AD 2008–06– of the unsafe condition described in the methods: 20 R1 to reduce the potential of ignition MCAI. We are issuing this AD because • Federal eRulemaking Portal: Go to sources inside fuel tanks, which, in we evaluated all pertinent information http://www.regulations.gov. Follow the combination with flammable fuel and determined the unsafe condition instructions for submitting comments. vapors, could result in fuel tank • Fax: 202–493–2251. explosions and consequent loss of the exists and is likely to exist or develop • Mail: U.S. Department of airplane. on other products of the same type Transportation, Docket Operations, M– Since we issued AD 2008–06–20 R1, design. 30, West Building Ground Floor, Room we have determined that revised Fuel FAA’s Determination of the Effective W12–140, 1200 New Jersey Avenue SE, ALI tasks, and CDCCL items, and Date associated thresholds, intervals and Washington, DC 20590. Since there are currently no domestic • Hand Delivery: U.S. Department of instructions need to be implemented. operators of this product, we find good Transportation, Docket Operations, M– The European Aviation Safety Agency cause that notice and opportunity for 30, West Building Ground Floor, Room (EASA), which is the Technical Agent prior public comment are unnecessary. W12–140, 1200 New Jersey Avenue SE, for the Member States of the European In addition, for the reason(s) stated Washington, DC, between 9 a.m. and 5 Union, has issued EASA AD 2015–0030, above, we find that good cause exists for p.m., Monday through Friday, except dated February 24, 2015 (referred to making this amendment effective in less Federal holidays. after this as the Mandatory Continuing than 30 days. Airworthiness Information, or ‘‘the Examining the AD Docket MCAI’’), to correct an unsafe condition Comments Invited You may examine the AD docket on for all Fokker Services B.V. Model F28 This AD is a final rule that involves the internet at http:// Mark 1000, 2000, 3000, and 4000 requirements affecting flight safety, and www.regulations.gov by searching for airplanes. The MCAI states: we did not precede it by notice and and locating Docket No. FAA–2018– [Subsequent to accidents involving Fuel opportunity for public comment. We 0022; or in person at the Docket Tank System explosions in flight and on invite you to send any written relevant Operations office between 9 a.m. and 5 ground] * * *, the FAA published Special data, views, or arguments about this AD. p.m., Monday through Friday, except Federal Aviation Regulation (SFAR) 88, and Send your comments to an address Federal holidays. The AD docket the Joint Aviation Authorities (JAA) listed under the ADDRESSES section. published Interim Policy INT/POL/25/12. contains this AD, the regulatory Include ‘‘Docket No. FAA–2018–0022; evaluation, any comments received, and The review conducted by Fokker Services on the Fokker F28 design in response to these Product Identifier 2015–NM–044–AD’’ other information. The street address for at the beginning of your comments. We the Docket Operations office (telephone: regulations identified a number of Fuel Airworthiness Limitation items (ALI) and specifically invite comments on the 800–647–5527) is in the ADDRESSES Critical Design Configuration Control overall regulatory, economic, section. Comments will be available in Limitations (CDCCL) items to prevent the environmental, and energy aspects of the AD docket shortly after receipt. development of unsafe conditions within the this AD. We will consider all comments FOR FURTHER INFORMATION CONTACT: Tom fuel system. received by the closing date and may Rodriquez, Aerospace Engineer, To introduce these Fuel ALI and CDCCL amend this AD based on those International Section, Transport items, Fokker Services published Service Bulletin (SB) F28/28–050 and EASA issued comments. Standards Branch, FAA, 1601 Lind We will post all comments we Avenue SW, Renton, WA 98057–3356; AD 2006–0208, requiring the implementation of these Fuel ALI and CDCCL items. That receive, without change, to http:// telephone: 425–227–1137; fax: 425– [EASA] AD was later revised to make www.regulations.gov, including any 227–1149. reference to SBF28–28–050R1 and to specify personal information you provide. We SUPPLEMENTARY INFORMATION: that the use of later revisions was acceptable. will also post a report summarizing each In 2014, Fokker Services issued Revision 2 substantive verbal contact we receive Discussion of SBF28–28–050 to update the ALI and about this AD. We issued AD 2008–06–20 R1, CDCCL items and to consolidate Fuel ALI Amendment 39–16089 (74 FR 61018, and CDCCL items contained in a number of Costs of Compliance November 23, 2009) (‘‘AD 2008–06–20 other SBs. Consequently, EASA issued AD Currently, there are no affected U.S.- R1’’), which applied to all Fokker 2014–0110, superseding [EASA] AD 2006– registered airplanes. This AD requires 0208R1 [which corresponds to FAA AD Services B.V. Model F28 Mark 0070 and 2008–06–20 R1] and requiring the contacting the FAA to obtain 0100 airplanes, and certain Model F28 implementation of the updated Fuel ALI and instructions for addressing the unsafe Mark 1000, 2000, 3000, and 4000 CDCCL items. condition, and doing the actions airplanes. AD 2008–06–20 R1 was Since that [EASA] AD was issued, Fokker specified in those instructions. Based on prompted by revised fuel ALI tasks, and Services issued Revision 3 of SBF28–28–050, the actions specified in the MCAI AD,

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we are providing the following cost estimates for an affected airplane that is placed on the U.S. Register in the future:

ESTIMATED COSTS

Cost per Action Labor cost Parts cost product

Revise the maintenance or inspection program ...... 1 work-hour × $85 per hour = $85 ...... $0 $85

Authority for This Rulemaking 4. Will not have a significant inside fuel tanks, which, in combination with economic impact, positive or negative, flammable fuel vapors, could result in fuel Title 49 of the United States Code on a substantial number of small entities tank explosions and consequent loss of the specifies the FAA’s authority to issue under the criteria of the Regulatory airplane. rules on aviation safety. Subtitle I, Flexibility Act. section 106, describes the authority of (f) Compliance the FAA Administrator. ‘‘Subtitle VII: List of Subjects in 14 CFR Part 39 Comply with this AD within the Aviation Programs,’’ describes in more Air transportation, Aircraft, Aviation compliance times specified, unless already detail the scope of the Agency’s safety, Incorporation by reference, done. authority. Safety. We are issuing this rulemaking under (g) Required Action(s) the authority described in ‘‘Subtitle VII, Adoption of the Amendment Within 30 days after the effective date of Part A, Subpart III, Section 44701: Accordingly, under the authority this AD, request instructions from the General requirements.’’ Under that delegated to me by the Administrator, Manager, International Section, Transport section, Congress charges the FAA with the FAA amends 14 CFR part 39 as Standards Branch, FAA, to address the promoting safe flight of civil aircraft in follows: unsafe condition specified in paragraph (e) of air commerce by prescribing regulations this AD; and accomplish the action(s) at the for practices, methods, and procedures PART 39—AIRWORTHINESS times specified in, and in accordance with, the Administrator finds necessary for DIRECTIVES those instructions. Guidance can be found in safety in air commerce. This regulation Mandatory Continuing Airworthiness ■ is within the scope of that authority 1. The authority citation for part 39 Information (MCAI) European Aviation because it addresses an unsafe condition continues to read as follows: Safety Agency (EASA) AD 2015–0030, dated that is likely to exist or develop on Authority: 49 U.S.C. 106(g), 40113, 44701. February 24, 2015. products identified in this rulemaking § 39.13 [Amended] (h) Alternative Methods of Compliance action. (AMOCs) ■ 2. The FAA amends § 39.13 by This AD is issued in accordance with The Manager, International Section, removing airworthiness directive (AD) authority delegated by the Executive Transport Standards Branch, FAA, has the 2008–06–20 R1, Amendment 39–16089 Director, Aircraft Certification Service, authority to approve AMOCs for this AD, if as authorized by FAA Order 8000.51C. (74 FR 61018, November 23, 2009), and requested using the procedures found in 14 In accordance with that order, issuance adding the following new AD: CFR 39.19. In accordance with 14 CFR 39.19, of ADs is normally a function of the 2018–02–09 Fokker Services B.V.: send your request to your principal inspector Compliance and Airworthiness Amendment 39–19162; Docket No. or local Flight Standards District Office, as Division, but during this transition FAA–2018–0022; Product Identifier appropriate. If sending information directly period, the Executive Director has 2015–NM–044–AD. to the International Section, send it to the delegated the authority to issue ADs (a) Effective Date attention of the person identified in applicable to transport category This AD becomes effective February 6, paragraph (i)(2) of this AD. Information may airplanes to the Director of the System 2018. be emailed to: 9-ANM-116-AMOC- Oversight Division. [email protected]. Before using any (b) Affected ADs approved AMOC, notify your appropriate Regulatory Findings This AD replaces AD 2008–06–20 R1, principal inspector, or lacking a principal We determined that this AD will not Amendment 39–16089 (74 FR 61018, inspector, the manager of the local flight have federalism implications under November 23, 2009) (‘‘AD 2008–06–20 R1’’). standards district office/certificate holding Executive Order 13132. This AD will (c) Applicability district office. not have a substantial direct effect on This AD applies to Fokker Services B.V. (i) Related Information the States, on the relationship between Model F28 Mark 1000, 2000, 3000, and 4000 the national government and the States, airplanes, certificated in any category, all (1) Refer to MCAI EASA 2015–0030, dated or on the distribution of power and manufacturer serial numbers. February 24, 2015, for related information. You may examine the MCAI on the internet responsibilities among the various (d) Subject at http://www.regulations.gov by searching levels of government. Air Transport Association (ATA) of For the reasons discussed above, I for and locating Docket No. FAA–2018–0022. America Code 28, Fuel. (2) For more information about this AD, certify that this AD: contact Tom Rodriquez, Aerospace Engineer, 1. Is not a ‘‘significant regulatory (e) Reason This AD was prompted by the issuance of International Section, Transport Standards action’’ under Executive Order 12866; Branch, FAA, 1601 Lind Avenue SW, 2. Is not a ‘‘significant rule’’ under the revised fuel airworthiness limitation items (ALI) tasks, critical design configuration Renton, WA 98057–3356; telephone: 425–227 DOT Regulatory Policies and Procedures control limitations (CDCCL) items and –1137; fax: 425–227–1149. (44 FR 11034, February 26, 1979); associated thresholds, intervals and 3. Will not affect intrastate aviation in instructions. We are issuing this AD to (j) Material Incorporated by Reference Alaska; and reduce the potential of ignition sources None.

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Issued in Renton, Washington, on January following adjusted amounts will take (recycled oil labeling violations)— 9, 2018. effect on January 22, 2018: Increase from $21,598 to $22,039; John P. Piccola, Jr., • Section 7A(g)(1) of the Clayton Act, • Section 525(b) of the Energy Policy Acting Director, System Oversight Division, 15 U.S.C. 18a(g)(1) (premerger filing and Conservation Act, 42 U.S.C. 6395(b) Aircraft Certification Service. notification violations under the Hart- (willful violations of recycled oil [FR Doc. 2018–00950 Filed 1–19–18; 8:45 am] Scott-Rodino Improvements Act)— labeling requirements)—Increase from BILLING CODE 4910–13–P Increase from $40,654 to $41,484; $40,654 to $41,484; • Section 11(l) of the Clayton Act, 15 • Section 621(a)(2) of the Fair Credit U.S.C. 21(l) (violations of cease and Reporting Act, 15 U.S.C. 1681s(a)(2) desist orders issued under Clayton Act (knowing violations of the Fair Credit FEDERAL TRADE COMMISSION section 11(b))—Increase from $21,598 to Reporting Act)—Increase from $3,817 to $22,039; $3,895; • 16 CFR Part 1 Section 5(l) of the FTC Act, 15 • Section 1115(a) of the Medicare U.S.C. 45(l) (unfair or deceptive acts or Prescription Drug Improvement and Adjustments to Civil Penalty Amounts practices)—Increase from $40,654 to Modernization Act of 2003, Public Law $41,484; AGENCY: Federal Trade Commission. 108–173, 21 U.S.C. 355 note (failure to • Section 5(m)(1)(A) of the FTC Act, ACTION: Final rule. comply with filing requirements)— 15 U.S.C. 45(m)(1)(A) (unfair or Increase from $14,373 to $14,666; and deceptive acts or practices)—Increase SUMMARY: The Federal Trade • Section 814(a) of the Energy from $40,654 to $41,484; Independence and Security Act of 2007, Commission (‘‘FTC’’ or ‘‘Commission’’) • Section 5(m)(1)(B) of the FTC Act, 42 U.S.C. 17304 (violations of is implementing adjustments to the civil 15 U.S.C. 45(m)(1)(B) (unfair or prohibitions on market manipulation penalty amounts within its jurisdiction deceptive acts or practices)—Increase and provision of false information to to account for inflation, as required by from $40,654 to $41,484; law. • Section 10 of the FTC Act, 15 U.S.C. federal agencies)—Increase from DATES: Effective date: January 22, 2018. 50 (failure to file required reports)— $1,156,953 to $1,180,566. FOR FURTHER INFORMATION CONTACT: Increase from $534 to $545; Calculation of Inflation Adjustments Kenny A. Wright, Attorney, Office of the • Section 5 of the Webb-Pomerene (Export Trade) Act, 15 U.S.C. 65 (failure The FCPIAA, as amended, directs General Counsel, FTC, 600 federal agencies to adjust each civil Pennsylvania Avenue NW, Washington, by associations engaged solely in export trade to file required statements)— monetary penalty under their DC 20580, (202) 326–2907, kwright@ jurisdiction for inflation in January of ftc.gov. Increase from $534 to $545; • Section 6(b) of the Wool Products each year pursuant to a cost-of-living 5 SUPPLEMENTARY INFORMATION: Labeling Act, 15 U.S.C. 68d(b) (failure adjustment. The cost-of-living Commission Rule 1.98 sets forth civil by wool manufacturers to maintain adjustment is based on the percent penalty amounts for violations of certain required records)—Increase from $534 change between the U.S. Department of 1 laws enforced by the Commission. As to $545; Labor’s Consumer Price Index for all- mandated by the Federal Civil Penalties • Section 3(e) of the Fur Products urban consumers (‘‘CPI–U’’) for the Inflation Adjustment Act Improvements Labeling Act, 15 U.S.C. 69a(e) (failure to month of October preceding the date of Act of 2015,2 the Commission adjusted maintain required records regarding fur the adjustment, and the CPI–U for the maximum civil penalty amounts products)—Increase from $534 to $545; October of the prior year.6 Based on that under its jurisdiction through an Interim • Section 8(d)(2) of the Fur Products formula, the cost-of-living adjustment Final Rulemaking in June 2016 3 and a Labeling Act, 15 U.S.C. 69f(d)(2) (failure multiplier for 2018 is 1.02041. The subsequent annual inflation adjustment to maintain required records regarding FCPIAA also directs that these penalty in January 2017.4 fur products)—Increase from $534 to level adjustments should be rounded to Following the initial catch-up $545; the nearest dollar. Agencies do not have adjustment, the FCPIAA, as amended, • Section 333(a) of the Energy Policy discretion over whether to adjust a directs agencies to adjust their civil and Conservation Act, 42 U.S.C. 6303(a) maximum civil penalty, or the method penalties for inflation every January (knowing violations of EPCA section used to determine the adjustment. thereafter. Accordingly, the Commission 332, including labeling violations)— The following chart illustrates the is increasing these maximum civil Increase from $440 to $449; application of these adjustments to the penalty amounts to address inflation • Section 525(a) of the Energy Policy civil monetary penalties under the since the January 2017 adjustment. The and Conservation Act, 42 U.S.C. 6395(a) Commission’s jurisdiction.

CALCULATION OF ADJUSTMENTS TO MAXIMUM CIVIL MONETARY PENALTIES

Current Citation Description penalty Adjustment Adjusted (2017) multiplier penalty

16 CFR 1.98(a): 15 U.S.C. 18a(g)(1) ...... Premerger filing notification violations ...... $40,654 1.02041 $41,484 16 CFR 1.98(b): 15 U.S.C. 21(l) ...... Violations of cease and desist orders ...... 21,598 1.02041 22,039 16 CFR 1.98(c): 15 U.S.C. 45(l) ...... Unfair or deceptive acts or practices ...... 40,654 1.02041 41,484 16 CFR 1.98(d): 15 U.S.C. 45(m)(1)(A) ...... Unfair or deceptive acts or practices ...... 40,654 1.02041 41,484

1 16 CFR 1.98. 3 81 FR 42476 (June 30, 2016). Inflation Adjustments for 2018, Pursuant to the 2 Public Law 114–74, section 701, 129 Stat. 599 4 82 FR 8135 (Jan. 24, 2017). Federal Civil Penalties Inflation Adjustment Act (2015). The Act amends the Federal Civil Penalties 5 28 U.S.C. 2461 note (4). Improvements Act of 2015, at 4 (December 15, Inflation Adjustment Act (‘‘FCPIAA’’), Public Law 6 Id. (3), (5)(b); Office of Management and Budget, 2017), available at https://www.whitehouse.gov/wp- 101–410, 104 Stat. 890 (codified at 28 U.S.C. 2461 content/uploads/2017/11/M-18-03.pdf. note). Memorandum M–18–03, Implementation of Penalty

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CALCULATION OF ADJUSTMENTS TO MAXIMUM CIVIL MONETARY PENALTIES—Continued

Current Citation Description penalty Adjustment Adjusted (2017) multiplier penalty

16 CFR 1.98(e): 15 U.S.C. 45(m)(1)(B) ...... Unfair or deceptive acts or practices ...... 40,654 1.02041 41,484 16 CFR 1.98(f): 15 U.S.C. 50 ...... Failure to file required reports ...... 534 1.02041 545 16 CFR 1.98(g): 15 U.S.C. 65 ...... Failure to file required statements ...... 534 1.02041 545 16 CFR 1.98(h): 15 U.S.C. 68d(b) ...... Failure to maintain required records ...... 534 1.02041 545 16 CFR 1.98(i): 15 U.S.C. 69a(e) ...... Failure to maintain required records ...... 534 1.02041 545 16 CFR 1.98(j): 15 U.S.C. 69f(d)(2) ...... Failure to maintain required records ...... 534 1.02041 545 16 CFR 1.98(k): 42 U.S.C. 6303(a) ...... Knowing violations ...... 440 1.02041 449 16 CFR 1.98(l): 42 U.S.C. 6395(a) ...... Recycled oil labeling violations ...... 21,598 1.02041 22,039 16 CFR 1.98(l): 42 U.S.C. 6395(b) ...... Willful violations ...... 40,654 1.02041 41,484 16 CFR 1.98(m): 15 U.S.C. 1681s(a)(2) ...... Knowing violations ...... 3,817 1.02041 3,895 16 CFR 1.98(n): 21 U.S.C. 355 note ...... Non-compliance with filing requirements ...... 14,373 1.02041 14,666 16 CFR 1.98(o): 42 U.S.C. 17304 ...... Market manipulation or provision of false in- 1,156,953 1.02041 1,180,566 formation to federal agencies.

Effective Dates of New Penalties PART 1—GENERAL PROCEDURES U.S.C. 6395(a) and (b), respectively— $22,039 and $41,484, respectively; These new penalty levels apply to Subpart L—Civil Penalty Adjustments (m) Section 621(a)(2) of the Fair civil penalties assessed after the Under the Federal Civil Penalties Credit Reporting Act, 15 U.S.C. effective date of the applicable Inflation Adjustment Act of 1990, as 1681s(a)(2)—$3,895; adjustment, including civil penalties Amended (n) Section 1115(a) of the Medicare whose associated violation predated the Prescription Drug Improvement and ■ effective date.7 These adjustments do 1. The authority citation for part 1, Modernization Act of 2003, Public Law not retrospectively change previously subpart L continues to read as follows: 108–173, 21 U.S.C. 355 note—$14,666; assessed or enforced civil penalties that Authority: 28 U.S.C. 2461 note. (o) Section 814(a) of the Energy the FTC is actively collecting or has Independence and Security Act of 2007, ■ 2. Revise § 1.98 to read as follows: collected. 42 U.S.C. 17304—$1,180,566; and § 1.98 Adjustment of civil monetary (p) Civil monetary penalties Procedural Requirements penalty amounts. authorized by reference to the Federal The FCPIAA, as amended, directs This section makes inflation Trade Commission Act under any other agencies to adjust civil monetary adjustments in the dollar amounts of provision of law within the jurisdiction penalties through rulemaking and to civil monetary penalties provided by of the Commission—refer to the publish the required inflation law within the Commission’s amounts set forth in paragraphs (c), (d), adjustments in the Federal Register, jurisdiction. The following maximum (e) and (f) of this section, as applicable. notwithstanding section 553 of title 5, civil penalty amounts apply only to By direction of the Commission. United States Code. Pursuant to this penalties assessed after January 22, Donald S. Clark, congressional mandate, prior public 2018, including those penalties whose Secretary. associated violation predated January notice and comment under the APA and [FR Doc. 2018–00979 Filed 1–19–18; 8:45 am] 22, 2018. a delayed effective date are not required. BILLING CODE 6750–01–P For this reason, the requirements of the (a) Section 7A(g)(1) of the Clayton Regulatory Flexibility Act (‘‘RFA’’) also Act, 15 U.S.C. 18a(g)(1)—$41,484; (b) Section 11(l) of the Clayton Act, 15 do not apply.8 Further, this rule does U.S.C. 21(l)—$22,039; NATIONAL INDIAN GAMING not contain any collection of (c) Section 5(l) of the FTC Act, 15 COMMISSION information requirements as defined by U.S.C. 45(l)—$41,484; the Paperwork Reduction Act of 1995 as (d) Section 5(m)(1)(A) of the FTC Act, 25 CFR Part 514 amended. 44 U.S.C. 3501 et seq. 15 U.S.C. 45(m)(1)(A)—$41,484; List of Subjects for 16 CFR Part 1 (e) Section 5(m)(1)(B) of the FTC Act, Fees 15 U.S.C. 45(m)(1)(B)—$41,484; Administrative practice and (f) Section 10 of the FTC Act, 15 AGENCY: National Indian Gaming procedure, Penalties, Trade practices. U.S.C. 50—$545; Commission. (g) Section 5 of the Webb-Pomerene ACTION: Final rule. Text of Amendments (Export Trade) Act, 15 U.S.C. 65—$545; SUMMARY: The National Indian Gaming For the reasons set forth in the (h) Section 6(b) of the Wool Products Commission is amending its fee preamble, the Federal Trade Labeling Act, 15 U.SC. 68d(b)—$545; (i) Section 3(e) of the Fur Products regulations. The rule amends the Commission amends title 16, chapter I, Labeling Act, 15 U.S.C. 69a(e)—$545; regulations that describe when the subchapter A, of the Code of Federal (j) Section 8(d)(2) of the Fur Products Commission adopts annual fee rates, Regulations, as follows: Labeling Act, 15 U.S.C. 69f(d)(2)—$545; defines the fiscal year of the gaming (k) Section 333(a) of the Energy Policy operation that will be used for 7 28 U.S.C. 2461 note (6). and Conservation Act, 42 U.S.C. calculating the fee payments, and 8 A regulatory flexibility analysis under the RFA is required only when an agency must publish a 6303(a)—$449; includes additional revisions clarifying notice of proposed rulemaking for comment. See 5 (l) Sections 525(a) and (b) of the the fee calculation and submission U.S.C. 603. Energy Policy and Conservation Act, 42 process for gaming operations.

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DATES: Effective Date: February 21, written comments through July 1, 2017. whether directed by statute or 2018. Comments received were generally administrative action such as Executive FOR FURTHER INFORMATION CONTACT: supportive of the proposed changes to Order (E.O.) 13175 (Consultation and Austin Badger, National Indian Gaming the fee regulations. Coordination with Indian Tribal Commission; 1849 C Street NW, MS The Commission subsequently Governments)—by adhering to the 1621, Washington, DC 20240. published a proposed rule in the consultation framework described in its Telephone: 202–632–7003. Federal Register on November 13, 2017. Consultation Policy published July 15, 82 FR 52253. The proposed rule 2013. The NIGC’s consultation policy SUPPLEMENTARY INFORMATION: included amendments to the discussion specifies that it will consult with tribes I. Background draft prompted by internal review and on Commission Action with Tribal The Indian Gaming Regulatory Act the Commission’s careful consideration Implications, which is defined as: Any (IGRA or Act), Public Law 100–497, 25 of the substantive comments received Commission regulation, rulemaking, U.S.C. 2701 et seq., was signed into law through consultation and written policy, guidance, legislative proposal, or on October 17, 1988. The Act submissions. The proposed rule operational activity that may have a establishes the National Indian Gaming included discussion of the substantial direct effect on an Indian Commission (NIGC or Commission) and Commission’s amendments to the tribe on matters including, but not sets out a comprehensive framework for discussion draft and the Commission’s limited to the ability of an Indian tribe the regulation of gaming on Indian responses to comments received. The to regulate its Indian gaming; an Indian lands. The IGRA established an agency proposed rule invited interested parties Tribe’s formal relationship with the funding framework whereby gaming to continue to participate in the Commission; or the consideration of the operations licensed by tribes pay a fee rulemaking process by submitting Commission’s trust responsibilities to to the Commission for each gaming comments to the proposed rule to the Indian tribes. As discussed above, the operation that conducts Class II or Class Commission. While the Commission did NIGC engaged in extensive consultation III gaming activity that is regulated not receive any substantive comments on this topic and received and pursuant to IGRA. 25 U.S.C. 2717(a)(1). in response to the proposed rule, the considered comments in developing this These fees are used to fund the comments received through rule. consultation have proven invaluable to Commission in carrying out its Regulatory Flexibility Act regulatory authority. Fees are based on the Commission in developing this rule the gaming operation’s gross gaming amending the fee regulations. The rule will not have a significant revenues. The rates of fees are The rule is intended to improve the impact on a substantial number of small established annually by the Commission Commission’s analysis and budgeting entities as defined under the Regulatory and payable on a quarterly basis. 25 process and simplify the fee calculation Flexibility Act, 5 U.S.C. 601, et seq. U.S.C. 2717(a)(3). IGRA limits the total and payment process for gaming Moreover, Indian Tribes are not amount of fees imposed during any operations, thereby reducing the considered to be small entities for the fiscal year to 0.08 percent of the gross frequency of error in fee calculation. purposes of the Regulatory Flexibility gaming revenues of all gaming Under the current fee regulations, the Act. operations subject to regulation under Commission adopts a preliminary fee rate by March 1 and a final fee rate by Small Business Regulatory Enforcement IGRA. Failure of a gaming operation to Fairness Act pay the fees imposed by the June 1 of every year. In addition, the Commission’s fee schedule can be NIGC annually reviews the costs The rule is not a major rule under 5 grounds for a civil enforcement action. involved in processing fingerprint cards U.S.C. 804(2), the Small Business 25 U.S.C. 2713(a)(1). and adopts a preliminary rate by March Regulatory Enforcement Fairness Act. The purpose of part 514 is to establish 1 and a final rate by June 1. The rule The rule does not have an effect on the how the NIGC sets and collects those simplifies this process by amending the economy of $100 million or more. The fees, to establish a basic formula for fee regulations to provide that the rule will not cause a major increase in tribes to utilize in calculating the Commission will adopt a final fee rate costs or prices for consumers, amount of fees to pay, and to advise of and fingerprint processing fee no later individual industries, Federal, State, the consequences for failure to pay the than November 1 of each year. The rule local government agencies or geographic fees. Part 514 further establishes how also defines the fiscal year used in regions. Nor will the rule have a the NIGC determines and assesses calculating the required annual fee so significant adverse effect on fingerprint processing fees. that the fee rate is applied consistently competition, employment, investment, to a gaming operation’s gross revenues productivity, innovation, or the ability II. Development of the Rule for one fiscal year. Finally, among other of the enterprises, to compete with The development of the rule formally clarifying revisions to the fee foreign based enterprises. regulations, the rule describes the fees began with the Commission’s notice to Unfunded Mandate Reform Act tribal leaders by letter dated November and statements required of gaming 22, 2016, of the topic’s inclusion in the operations that cease operations. The Commission, as an independent Commission’s 2017 tribal consultation III. Review of Public Comments regulatory agency, is exempt from series. On March 24, 2017, in Tulsa, OK, compliance with the Unfunded April 5, 2017, in Scottsdale, AZ, April The Commission did not receive any Mandates Reform Act, 2 U.S.C. 1502(1); 13, 2017, in San Diego, CA, April 20, substantive comments in response to the 2 U.S.C. 658(1). proposed rule. 2017, in Billings, MT, May 4, 2017, in Takings Biloxi, MS, and on May 25, 2017, in Regulatory Matters Portland, OR, the NIGC consulted with In accordance with Executive Order tribes on proposed changes to the fee Tribal Consultation 12630, the Commission has determined regulations. In addition, the The National Indian Gaming that the rule does not have significant Commission issued a discussion draft Commission is committed to fulfilling takings implications. A takings on January 30, 2017, and solicited its tribal consultation obligations— implication assessment is not required.

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Civil Justice Reform 514.14 What happens if the fees imposed gaming operation are the total amount of exceed the statutory maximum or if the In accordance with Executive Order money wagered on class II and III Commission does not expend the full games, plus entry fees (including table 12988, the Commission has determined amount of fees collected in a fiscal year? that the rule does not unduly burden the or card fees), less any amounts paid out 514.15 May tribes submit fingerprint cards as prizes or paid for prizes awarded, and judicial system and meets the to the Commission for processing? requirements of section 3(a) and 3(b)(2) 514.16 How does the Commission adopt less an allowance for capital of the Order. the fingerprint processing fee? expenditures for structures as reflected 514.17 How are fingerprint processing fees in the gaming operation’s audited National Environmental Policy Act collected by the Commission? financial statements. (d) Tier 1 assessable gross revenues The Commission has determined that Authority: 25 U.S.C. 2706, 2710, 2717, the rule does not constitute a major 2717a. are the first $1,500,000 of the assessable federal action significantly affecting the gross revenues from each gaming quality of the human environment and § 514.1 What is the purpose of this part? operation. Tier 2 assessable gross that no detailed statement is required Each gaming operation under the revenues are the amounts in excess of pursuant to the National Environmental jurisdiction of the Commission, the first $1,500,000 of the assessable Policy Act of 1969, 42 U.S.C. 4321, et including a gaming operation operated gross revenues from each gaming seq. by a tribe with a certificate of self- operation. regulation, shall pay to the Commission (e) The allowance for capital Paperwork Reduction Act annual fees as established by the expenditures for structures shall be The information collection Commission. The Commission, by a either: requirements contained in this rule vote of not less than two of its members, (1) An amount not to exceed 5% of were previously approved by the Office shall adopt the rates of fees to be paid. the cost of structures in use throughout of Management and Budget (OMB) as the assessed fiscal year and 2.5% of the § 514.2 When will the annual rates of fees cost of structures in use during only a required by 44 U.S.C. 3501 et seq. and be published? assigned OMB Control Number 3141– part of the assessed fiscal year; or (a) The Commission shall adopt the (2) An amount not to exceed 10% of 0007. The OMB control number expires rates of fees no later than November 1st the total amount of depreciation on November 30, 2018. of each year. expenses for the assessed fiscal year. List of Subjects in 25 CFR Part 514 (b) The Commission shall publish the (f) Unless otherwise provided by Gambling, Indian—lands, Indian— rates of fees in a notice in the Federal regulation, generally accepted tribal government, Reporting and Register. accounting principles shall be used. recordkeeping requirements. § 514.3 What is the maximum fee rate? § 514.5 When must a gaming operation Therefore, for reasons stated in the (a) The rates of fees imposed shall pay its annual fees? preamble, the National Indian Gaming be— (a) Annual fees are payable to the Commission revises 25 CFR part 514 to (1) No more than 2.5% of the first Commission on a quarterly basis. The read as follows: $1,500,000 of the assessable gross annual fee payable to the Commission revenues from each gaming operation; optionally may be paid in full in the PART 514—FEES and first quarterly payment. (b) Each gaming operation shall Sec. (2) No more than 5% of amounts in 514.1 What is the purpose of this part? excess of the first $1,500,000 of the calculate the amount of fees to be paid, 514.2 When will the annual rates of fees be assessable gross revenues from each if any, and remit them with the published? gaming operation. quarterly statement required in § 514.6 514.3 What is the maximum fee rate? (b) If a tribe has a certificate of self- within three (3) months, six (6) months, 514.4 How does a gaming operation regulation, the rate of fees imposed on nine (9) months, and twelve (12) months calculate the amount of the annual fee it assessable gross revenues from the class of the end of the gaming operation’s owes? II gaming activity shall be no more than fiscal year. 514.5 When must a gaming operation pay 0.25%. its annual fees? (c) The total amount of all fees § 514.6 What are the quarterly statements 514.6 What are the quarterly statements that must be submitted with the fee that must be submitted with the fee imposed on assessable gross revenues payments? during any fiscal year shall not exceed payments? (a) Each gaming operation shall file 0.08% of the assessable gross gaming 514.7 What should a gaming operation do with the Commission quarterly revenues of all gaming operations. if it changes its fiscal year or ceases statements showing its assessable gross operations? 514.8 Where should fees, quarterly § 514.4 How does a gaming operation revenues for the assessed fiscal year. statements, and other communications calculate the amount of the annual fee it (b) These statements shall show the about fees be sent? owes? amounts derived from each type of 514.9 What happens if a gaming operation (a) The amount of annual fees owed game, the amounts deducted for prizes, submits its fee payment or quarterly shall be computed using: and the amounts deducted for the statement late? (1) The most recent rates of fees allowance for capital expenditures for 514.10 When does a late payment or adopted by the Commission; and structures. quarterly statement submission become a (2) The assessable gross revenues for (c) The quarterly statements shall failure to pay? the gaming operation’s assessed fiscal identify an individual or individuals to 514.11 Can a proposed late fee be year. be contacted should the Commission appealed? (b) Assessed fiscal year means the 514.12 When does a notice of late need to communicate further with the submission and/or a proposed late fee gaming operation’s fiscal year ending gaming operation. A telephone number become a final order of the Commission prior to January 1 of the year the and email address for each individual and final agency action? Commission adopted fee rates. identified shall be included. 514.13 How are late submission fees paid, (c) For purposes of computing fees, (d) Each quarterly statement shall and can interest be assessed? assessable gross revenues for each include the computation of the fees

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payable, showing all amounts used in § 514.9 What happens if a gaming IGRA for the operation of gaming. In the calculations. The required operation submits its fee payment or accordance with § 573.4(a)(2) of this calculations are as follows: quarterly statement late? chapter, if a tribe, management (1) Multiply the Tier 1 assessable (a) In the event that a gaming contractor, or individually owned gross revenues by the rate for those operation fails to submit a fee payment gaming operation fails to pay the annual revenues adopted by the Commission. or quarterly statement in a timely fee, the Chair may issue a notice of (2) Multiply the Tier 2 assessable manner, the Chair of the Commission violation and, simultaneously with or gross revenues by the rate for those may issue a notice specifying: subsequently to the notice of violation, revenues adopted by the Commission. (1) The date the statement and/or a temporary closure order. (3) Add (total) the results (products) payment was due; obtained in paragraphs (d)(1) and (2) of (2) The number of calendar days late § 514.11 Can a proposed late fee be appealed? this section. the statement and/or payment was (4) Multiply the total obtained in submitted; (a) Proposed late fees assessed by the 1 Chair may be appealed under paragraph (d)(3) of this section by ⁄4. (3) A citation to the federal or tribal (5) Adjust for prior amounts paid and requirement that has been or is being subchapter H of this chapter. credits received, if applicable. The violated; (b) At any time prior to the filing of gaming operation shall provide a (4) The action being considered by the a notice of appeal under subchapter H detailed justification for the adjustment. Chair; and of this chapter, the Chair and the (6) The amount computed in (5) Notice of rights of appeal pursuant recipient may agree to settle the notice paragraph (d)(5) of this section is the to subchapter H of this chapter. of late submission, including the amount to be remitted. (b) Within fifteen (15) days of service amount of the proposed late fee. In the (e) As required by part 571 of this of the notice, the recipient may submit event a settlement is reached, a chapter, quarterly statements must be written information about the notice to settlement agreement shall be prepared reconciled with a tribe’s audited or the Chair. The Chair shall consider any and executed by the Chair and the reviewed financial statements for each information submitted by the recipient recipient. If a settlement agreement is gaming location. These reconciliations as well as the recipient’s history of executed, the recipient shall be deemed must be made available upon the untimely submissions or failure to file to have waived all rights to further request of any authorized representative statements and/or fee payments over the review of the notice or late fee in of the Commission. preceding five (5) years in determining question, except as otherwise provided the amount of the late fee, if any. expressly in the settlement agreement. § 514.7 What should a gaming operation (c) When practicable, within thirty In the absence of a settlement of the do if it changes its fiscal year or ceases (30) days of issuing the notice described issues under this paragraph (b), the operations? in paragraph (a) of this section to a recipient may contest the proposed late (a) If a gaming operation changes its recipient, the Chair of the Commission fee before the Commission in fiscal year, it shall notify the may assess a proposed late fee against accordance with subchapter H of this Commission of the change within thirty a recipient for each failure to file a chapter. (30) days. The Commission may request timely quarterly statement and/or fee that the gaming operation prepare and payment: § 514.12 When does a notice of late submission and/or a proposed late fee submit to the Commission fees and (1) For statements and/or fee become a final order of the Commission statements for the period from the end payments one (1) to thirty (30) calendar and final agency action? of the previous fiscal year to the days late, the Chair may propose a late If the recipient fails to appeal under beginning of the new fiscal year. The fee of up to, but not more than 10% of subchapter H of this chapter, the notice submission must be sent to the the fee amount for that quarter; and the proposed late fee shall become Commission within ninety (90) days of (2) For statements and/or fee a final order of the Commission and its request. payments thirty-one (31) to sixty (60) final agency action. (b) If a gaming operation ceases calendar days late, the Chair may operations, it shall notify the propose a late fee of up to, but not more § 514.13 How are late submission fees Commission within (30) days. The than 15% of the fee amount for that paid, and can interest be assessed? Commission may request that the quarter; and (a) Late fees assessed under this part gaming operation, using the most recent (3) For statements and/or fee shall be paid by the person or entity rates of fees adopted by the payments sixty-one (61) to ninety (90) assessed and shall not be treated as an Commission, prepare and submit to the calendar days late, the Chair may operating expense of the operation. Commission fees and statements for the propose a late fee of up to, but not more (b) The Commission shall transfer the period from the end of the most recent than 20% of the fee amount for that late fee paid under this subchapter to quarter for which fees have been paid to quarter. the U.S. Treasury. the date operations ceased. The (c) Interest shall be assessed at rates submission must be sent to the § 514.10 When does a late payment or quarterly statement submission become a established from time to time by the Commission within (90) days of its failure to pay? Secretary of the Treasury on amounts request. remaining unpaid after their due date. Statements and/or fee payments over § 514.8 Where should fees, quarterly ninety (90) calendar days late constitute § 514.14 What happens if the fees imposed statements, and other communications a failure to pay the annual fee, as set exceed the statutory maximum or if the about fees be sent? forth in IGRA, 25 U.S.C. 2717(a)(4), and Commission does not expend the full Remittances, quarterly statements, Commission regulations, 25 CFR amount of fees collected in a fiscal year? and other communications about fees 573.4(a)(2). In accordance with 25 (a) The total amount of all fees shall be sent to the Commission by the U.S.C. 2717(a)(4), failure to pay fees imposed during any fiscal year shall not methods provided for in the rates of fees shall be grounds for revocation of the exceed the statutory maximum imposed notice published in the Federal approval of the Chair of any license, by Congress. The Commission shall Register. ordinance or resolution required under credit pro-rata any fees collected in

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excess of this amount against amounts Dated: January 9, 2018. E. Takings (E.O. 12630) otherwise due. Jonodev O. Chaudhuri, F. Federalism (E.O. 13132) G. Civil Justice Reform (E.O. 12988) (b) To the extent that revenue derived Chairman. H. Consultation With Indian Tribes (E.O. from fees imposed under the rates of Kathryn Isom-Clause, 13175) fees established under § 514.2 are not Vice Chair. I. Paperwork Reduction Act expended or committed at the close of J. National Environmental Policy Act any fiscal year, such funds shall remain E. Sequoyah Simermeyer, K. Effects on the Energy Supply (E.O. available until expended to defray the Associate Commissioner. 13211) costs of operations of the Commission. [FR Doc. 2018–00877 Filed 1–19–18; 8:45 am] L. Clarity of This Regulation BILLING CODE 7565–01–P M. Administrative Procedure Act § 514.15 May tribes submit fingerprint cards to the Commission for processing? I. Background Tribes may submit fingerprint cards to DEPARTMENT OF THE INTERIOR The Federal Civil Penalties Inflation the Commission for processing by the Adjustment Act of 1990, as amended by Federal Bureau of Investigation and the Office of Natural Resources Revenue the Federal Civil Penalties Inflation Commission may charge a fee to process Adjustment Act Improvements Act of fingerprint cards on behalf of the tribes. 30 CFR Part 1241 2015 (collectively, ‘‘the Act’’), codified at 28 U.S.C.S. 2461 note (LEXIS through § 514.16 How does the Commission adopt [Docket No. ONRR–2017–0003; DS63644000 Pub. L. 115–90, approved 12/8/17), the fingerprint processing fee? DR2PS0000.CH7000 189D0102R2] requires Federal agencies to adjust their (a) The Commission shall review RIN 1012–AA23 civil monetary penalty (CMP) rates for annually the costs involved in inflation every year. processing fingerprint cards and, by a Inflation Adjustments to Civil Monetary In accordance with sections 4 and 5 vote of not less than two of its members, Penalty Rates for Calendar Year 2018 of the Act, the annual CMP inflation shall adopt the fingerprint processing AGENCY: Office of the Secretary, Office adjustment for 2018 is based on the fee no later than November 1st of each of Natural Resources Revenue, Interior. percent change in the Consumer Price year. Index for all Urban Consumers (CPI–U) ACTION: Final rule. (b) The Commission shall publish the between October 2016 and October fingerprint processing fee in a notice in SUMMARY: The Office of Natural 2017. The CPI–U for October 2016 was the Federal Register. Resources Revenue (ONRR) publishes 241.729, and for October 2017 was (c) The fingerprint processing fee this final rule to increase our maximum 246.663, for an increase of 2.041%. In shall be based on fees charged by the civil monetary penalty (CMP) rates for accordance with section 5(a) of the Act, Federal Bureau of Investigation and inflation occurring between October the new maximum CMP rates must be costs incurred by the Commission. 2016 and October 2017. rounded to the nearest whole dollar. In Commission costs include Commission accordance with section 6 of the Act, DATES: This rule is effective on January personnel, supplies, equipment costs, 22, 2018. the new maximum penalty rates will and postage to submit the results to the apply only to CMPs, including those requesting tribe. FOR FURTHER INFORMATION CONTACT: For which are associated with violations questions on procedural issues, contact predating the increase, that are assessed § 514.17 How are fingerprint processing Armand Southall, Regulatory Specialist, after the date the increase takes effect. fees collected by the Commission? by telephone at (303) 231–3221 or email ONRR assesses CMPs under the (a) Fees for processing fingerprint to [email protected]. For Federal Oil and Gas Royalty cards will be billed monthly to each questions on technical issues, contact Management Act, 30 U.S.C. 1719, and Tribe for cards processed during the Geary Keeton, Chief of Enforcement, by our regulations at 30 CFR part 1241. We prior month. Tribes shall pay the telephone at (303) 231–3096 or email to calculate and assess CMPs per violation, amount billed within forty-five (45) [email protected]. You may obtain at the applicable rate, for each day such days of the date of the bill. a paper copy of this rule by contacting violation continues. (b) The Chair may suspend fingerprint Mr. Southall by phone or email. card processing for a tribe that has a bill SUPPLEMENTARY INFORMATION: II. Inflation-Adjusted Maximum Rates remaining unpaid for more than forty- I. Background This final rule increases the five (45) days. II. Inflation-Adjusted Maximum Rates maximum CMP rates for each of the four (c) Remittances and other III. Procedural Requirements categories of violations identified in 30 A. Regulatory Planning and Review (E.O. communications about fingerprint 12866) U.S.C. 1719(a)–(d) and 30 CFR part processing fees shall be sent to the B. Regulatory Flexibility Act 1241. The following list identifies the Commission by the methods provided C. Small Business Regulatory Enforcement existing ONRR regulations containing for in the rates of fees notice published Fairness Act CMP rates and shows those rates before in the Federal Register. D. Unfunded Mandates Reform Act and after this increase.

2018 Current inflation 2018 30 CFR citation penalty rate adjustment adjusted multiplier penalty rate

1241.52(a)(2) ...... 1,196 1.02041 1,220 1241.52(b) ...... 11,967 1.02041 12,211 1241.60(b)(1) ...... 23,933 1.02041 24,421 1241.60(b)(2) ...... 59,834 1.02041 61,055

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IV. Procedural Requirements Tribal governments or the private sector J. National Environmental Policy Act of of more than $100 million per year. This 1969 (NEPA) A. Regulatory Planning and Review rule does not have a significant or (Executive Orders 12866 and 13563) This rule does not constitute a major unique effect on State, local, or Tribal Federal action significantly affecting the Executive Order (E.O.) 12866 provides governments or the private sector. quality of the human environment. We that the Office of Information and Therefore, we are not required to are not required to provide a detailed Regulatory Affairs (OIRA) in OMB will provide a statement containing the statement under NEPA because this rule review all significant rules. OIRA has information that the Unfunded qualifies for categorical exclusion under determined that this rule is not Mandates Reform Act (2 U.S.C. 1531 et 43 CFR 46.210(i) in that this rule is significant. seq.) requires because this rule is not an ‘‘... of an administrative, financial, E.O. 13563 reaffirms the principles of unfunded mandate. legal, technical, or procedural nature. E.O. 12866, while calling for . . .’’ We also have determined that this improvements in the Nation’s regulatory E. Takings (E.O. 12630) rule is not involved in any of the system to promote predictability, to This rule does not result in a taking extraordinary circumstances listed in 43 reduce uncertainty, and to use the best, of private property or otherwise have CFR 46.215 that would require further most innovative, and least burdensome taking implications under E.O. 12630. analysis under NEPA. tools for achieving regulatory ends. E.O. Therefore, this rule does not require a 13563 directs agencies to consider takings implication assessment. K. Effects on the Energy Supply (E.O. regulatory approaches that reduce 13211) burdens and maintain flexibility and F. Federalism (E.O. 13132) This rule is not a significant energy freedom of choice for the public where action under the definition in E.O. these approaches are relevant, feasible, Under the criteria in section 1 of E.O. 13132, this rule does not have sufficient 13211 and, therefore, does not require a and consistent with regulatory Statement of Energy Effects. objectives. E.O. 13563 emphasizes Federalism implications to warrant the further that regulations must be based preparation of a Federalism summary L. Clarity of This Regulation impact statement. Therefore, this rule on the best available science and that We are required by E.O. 12866 does not require a Federalism summary the rulemaking process must allow for (section 1(b)(12)), E.O. 12988 (section impact statement. public participation and an open 3(b)(1)(B)), and E.O. 13563 (section exchange of ideas. We developed this G. Civil Justice Reform (E.O. 12988) 1(a)), and by the Presidential rule in a manner consistent with these Memorandum of June 1, 1998, to write requirements. This rule complies with the all rules in plain language. This means requirements of E.O. 12988. B. Regulatory Flexibility Act that each rule we publish must: Specifically, this rule: (a) Be logically organized. This rule will not have a significant a. Meets the criteria of section 3(a), (b) Use the active voice to address economic effect on a substantial number which requires that we review all readers directly. of small entities under the Regulatory regulations to eliminate errors and (c) Use common, everyday words and Flexibility Act (RFA, 5 U.S.C. 601 et ambiguity and to write them to clear language rather than jargon. seq.) because the rule only makes minimize litigation. (d) Be divided into short sections and adjustments for inflation. The Federal sentences. b. Meets the criteria of section 3(b)(2), Civil Penalties Inflation Adjustment Act (e) Use lists and tables wherever which requires that we write all Improvements Act of 2015 requires possible. regulations in clear language using clear agencies to adjust civil penalties with an If you feel that we have not met these legal standards. annual inflation adjustment. Therefore, requirements, send your comments to the RFA does not apply to this H. Consultation With Indian Tribal [email protected]. Your rulemaking. Governments (E.O. 13175) comments should be as specific as possible. For example, you should tell C. Small Business Regulatory The Department strives to strengthen us the numbers of the sections or Enforcement Fairness Act its government-to-government paragraphs that you find unclear, which This rule is not a major rule under 5 relationship with the Indian Tribes sections or sentences are too long, the U.S.C. 804(2), the Small Business through a commitment to consultation sections where you feel lists or tables Regulatory Enforcement Fairness Act. with the Indian Tribes and recognition would be useful, etc. of their right to self-governance and This rule: M. Administrative Procedure Act (APA) a. Does not have an annual effect on Tribal sovereignty. Under the the economy of $100 million or more. Department’s consultation policy and The Act requires agencies to publish b. Will not cause a major increase in the criteria in E.O. 13175, we evaluated annual inflation adjustments by no later costs or prices for consumers; this rule and determined that it will than January 15 of each year, individual industries; Federal, State, have no substantial direct effects on notwithstanding section 553 of the local government agencies; or Federally-recognized Indian Tribes and Administrative Procedure Act (APA) geographic regions. does not require consultation. (5 U.S.C. 553). OMB has interpreted this c. Does not have significant adverse direction to mean that the usual APA I. Paperwork Reduction Act effects on competition, employment, public procedure for rulemaking— investment, productivity, innovation, or This rule: which includes public notice of a the ability of United States-based proposed rule, an opportunity for public (a) Does not contain any new enterprises to compete with foreign- comment, and a delay in the effective information collection requirements. based enterprises. date of a final rule—is not required (b) Does not require a submission to when agencies issue regulations to D. Unfunded Mandates Reform Act OMB under the Paperwork Reduction implement the annual adjustments to This rule does not impose an Act of 1995 (44 U.S.C. 3501 et seq.). See civil penalties that the Act requires. unfunded mandate on State, local, or 5 CFR 1320.4(a)(2). Accordingly, we are issuing the 2018

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annual adjustments as a direct final rule Authority: 25 U.S.C. 396 et seq., 396a et deviation, call or email Mr. Hal R. Pitts, without prior notice or an opportunity seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 Fifth Coast Guard District (dpb); for comment and with an effective date et seq., 1001 et seq., 1701 et seq.; 43 U.S.C. telephone (757) 398–6222, email immediately upon publication in the 1301 et seq., 1331 et seq., 1801 et seq. [email protected]. Federal Register. § 1241.52 [Amended] SUPPLEMENTARY INFORMATION: Section 553(b) of the Administrative ■ Procedure Act (APA) provides that, 2. Amend § 1241.52 by: I. Background, Purpose and Legal Basis ■ a. In paragraph (a)(2), removing when an agency for good cause finds On April 12, 2017, we published a ‘‘$1,196’’ and adding in its place that ‘‘notice and public procedure . . . document in the Federal Register ‘‘$1,220.’’ are impracticable, unnecessary, or ■ b. In paragraph (b) introductory text, entitled, ‘‘Drawbridge Operation contrary to the public interest,’’ the removing ‘‘$11,967’’ and adding in its Regulation; Delaware River, Pennsauken agency may issue a rule without place ‘‘$12,211.’’ Township, NJ’’ announcing a temporary providing notice and an opportunity for deviation from the regulations, with prior public comment. Under section § 1241.60 [Amended] request for comments (see 82 FR 17562). 553(b), ONRR finds that there is good ■ 3. Amend § 1241.60 by: The purpose of the deviation was to test cause to promulgate this rule without ■ a. In paragraph (b)(1) introductory the newly installed remote operational first providing for public comment. text, removing ‘‘$23,933’’ and adding in capabilities of the DELAIR Memorial ONRR is promulgating this final rule to its place ‘‘$24,421.’’ Railroad Bridge across the Delaware implement the statutory directive in the ■ b. In paragraph (b)(2), removing River, mile 104.6, at Pennsauken Act, which requires agencies to publish ‘‘$59,834’’ and adding in its place Township, NJ, owned and operated by a final rule and to update the civil ‘‘$61,055.’’ Conrail Shared Assets. The installation penalty amounts by applying a specified of the remote operation system [FR Doc. 2018–00969 Filed 1–19–18; 8:45 am] formula. We have no discretion to vary capabilities did not change the the amount of the adjustment to reflect BILLING CODE 4335–30–P operational schedule of the bridge.1 any views or suggestions provided by On June 30, 2017, we published a commenters. Accordingly, it would notice of proposed rulemaking (NPRM) serve no purpose to provide an DEPARTMENT OF HOMELAND entitled, ‘‘Drawbridge Operation opportunity for public comment on this SECURITY Regulation; Delaware River, Pennsauken Township, NJ’’ (see 82 FR 29800). The rule prior to promulgation. Thus, Coast Guard providing for notice and public original comment period closed on August 18, 2017. comment is unnecessary. 33 CFR Part 117 Furthermore, ONRR finds under On October 18, 2017, we published a section 553(d)(3) of the APA that good [Docket No. USCG–2016–0257] document in the Federal Register cause exists to make this direct final entitled, ‘‘Drawbridge Operation rule effective immediately upon Drawbridge Operation Regulation; Regulation; Delaware River, Pennsauken publication in the Federal Register. In Delaware River, Pennsauken Township, NJ’’ announcing a temporary the Act, Congress expressly required Township, NJ deviation from the regulations, with request for comments (see 82 FR 48419). Federal agencies to publish annual AGENCY: Coast Guard, DHS. This test deviation commenced at 8 a.m. inflation adjustments to civil penalties ACTION: Notice of temporary deviation in the Federal Register no later than on October 21, 2017, and will conclude from regulations; reopening comment at 7:59 a.m. on April 19, 2018. This January 15 of every year, period. notwithstanding section 553 of the APA. notice included a request for comments Under the statutory framework and SUMMARY: The Coast Guard is reopening and related material to reach the Coast OMB guidance, the new penalty levels the comment period to solicit additional Guard on or before January 15, 2018.2 are to take effect immediately upon comments concerning its Notice of On December 6, 2017, we published publication. Moreover, an effective date Temporary Deviation from the operating a notice of proposed rulemaking; after January 15 would delay schedule that governs the DELAIR reopening of comment period (NPRM); application of the new penalty levels, Memorial Railroad Bridge across the entitled ‘‘Drawbridge Operation contrary to Congress’s intent. Delaware River, mile 104.6, at Regulation; Delaware River, Pennsauken Pennsauken Township, NJ. This Township, NJ’’ in the Federal Register List of Subjects in 30 CFR Part 1241 document is to provide additional (see 82 FR 57561). It included a request Administrative practice and opportunity for public comment. for comments and related material to reach the Coast Guard on or before procedure, Civil penalties, Coal, DATES: The comment period for the Geothermal, Inflation, Mineral January 15, 2018. deviation published October 18, 2017, at This document reopening the resources, Natural gas, Notices of non- 82 FR 48419, is reopened. Comments compliance, Oil. comment period ensures notice and and related material must reach the opportunity to comment on the Gregory J. Gould, Coast Guard on or before March 2, 2018. temporary deviation before we decide Director for Office of Natural Resources ADDRESSES: You may submit comments whether to make any changes to it. This Revenue. identified by docket number USCG– 2016–0257 using Federal eRulemaking 1 Authority and Issuance A full description of the remote operational Portal at http://www.regulations.gov. system is outlined in the aforementioned For the reasons discussed in the See the ‘‘Public Participation and publication, which can be found at http:// preamble, ONRR amends 30 CFR part Request for Comments’’ portion of the regulations.gov. (See ADDRESSES for more 1241 as set forth below: information). SUPPLEMENTARY INFORMATION section 2 Detailed information concerning this second test below for instructions on submitting PART 1241—PENALTIES deviation is contained in the Background, Purpose comments. and Legal Basis paragraphs of the aforementioned publication, which can be found at http:// ■ 1. The authority citation for part 1241 FOR FURTHER INFORMATION CONTACT: If regulations.gov, (see ADDRESSES for more continues to read as follows: you have questions on this test information).

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document is issued under authority of the navigable waters of Oregon Inlet in days after publication in the Federal 33 U.S.C. 1223 and 5 U.S.C. 552. Dare County, North Carolina in support Register. Delaying the effective date of of construction of the new Herbert C. this rule would be impracticable II. Public Participation and Request for Bonner Bridge. This temporary safety because immediate action is needed Comments zone is intended to protect mariners, protect persons, vessels, and the marine We view public participation as vessels, and construction crews from the environment on the navigable waters in essential to effective rulemaking, and hazards associated with installing the Oregon Inlet during this construction will consider all comments and material navigation span, and will restrict vessel phase. A Notice of Proposed received during the comment period. traffic from the bridge’s navigation span Rulemaking was published in order to Your comment can help shape the as it is under construction by preventing inform the public and solicit comments. outcome of this rulemaking. If you vessel traffic on a portion of Oregon submit a comment, please include the Inlet. Entry of vessels or persons into III. Legal Authority and Need for Rule docket number for this rulemaking, this safety zone is prohibited. The Coast Guard is issuing this rule indicate the specific section of this DATES: This rule is effective from under authority in 33 U.S.C. 1231. The document to which each comment January 29, 2018, through March 24, COTP North Carolina has determined applies, and provide a reason for each 2018, with alternate dates of March 25, that potential safety hazards associated suggestion or recommendation. 2018, through May 6, 2018. with the construction would be a We encourage you to submit ADDRESSES: To view documents concern for anyone transiting the comments through the Federal mentioned in this preamble as being Oregon Inlet navigation channel. The eRulemaking Portal at http:// available in the docket, go to http:// purpose of this rule is to protect www.regulations.gov. If your material www.regulations.gov, type USCG–2017– persons, vessels, and the marine cannot be submitted using http:// environment on the navigable waters in www.regulations.gov, contact the person 0964 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Oregon Inlet during this construction in the FOR FURTHER INFORMATION Folder on the line associated with this phase. CONTACT section of this document for alternate instructions. rule. IV. Discussion of Comments, Changes, We accept anonymous comments. All FOR FURTHER INFORMATION CONTACT: If and the Rule comments received will be posted you have questions on this rule, call or without change to http:// email Petty Officer Matthew Tyson, As noted above, we received 5 www.regulations.gov and will include Waterways Management Division, U.S. comments on our NPRM published any personal information you have Coast Guard Sector North Carolina, December 5, 2017. Most of the provided. For more about privacy and Wilmington, NC; telephone: (910) 772– submissions were not relevant to this the docket, visit http:// 2221, email: [email protected]. rulemaking. www.regulations.gov/privacynotice. SUPPLEMENTARY INFORMATION: The first comment inquired about the All previously published documents benefits of the new bridge construction I. Table of Abbreviations mentioned in this document along with and its impact on the human all public comments will be in our CFR Code of Federal Regulations environment. This rule pertains only to online docket at http:// DHS Department of Homeland Security the creation of a safety zone for the www.regulations.gov and can be viewed FR Federal Register navigation span construction phase and by following that website’s instructions. NPRM Notice of proposed rulemaking not the entire bridge construction § Section project. The environmental impact Additionally, if you go to the online U.S.C. United States Code docket and sign up for email alerts, you COTP Captain of the Port analysis and other regulatory analyses will be notified when comments are for this rule are based only on the posted or a final rule is published. II. Background Information and creation of this safety zone. This safety Regulatory History Dated: January 12, 2018. zone is necessary to protect persons, vessels, and the marine environment on Hal R. Pitts, On October 10, 2017, the North the navigable waters in Oregon Inlet Bridge Program Manager, Fifth Coast Guard Carolina Department of Transportation District. notified the Coast Guard that they will during this construction phase. The impact on the human environment is [FR Doc. 2018–00894 Filed 1–19–18; 8:45 am] be installing the navigation span of the new Herbert C. Bonner Bridge in Oregon considered not significant because the BILLING CODE 9110–04–P Inlet in Dare County, North Carolina on closure is only for a two hour period on January 29 through March 24, 2018, each construction day and the safety DEPARTMENT OF HOMELAND with alternate dates of March 25 zone will not be active until after the SECURITY through May 6, 2018. The construction normal morning traffic typically transits will take place over an estimated 33 and will end before the evening traffic Coast Guard days during this period. In response, on typically transits. December 5, 2017, the Coast Guard The second comment mentioned 33 CFR Part 165 published a notice of proposed bridge safety and its obstruction to the waterway. This comment is outside the [Docket Number USCG–2017–0964] rulemaking (NPRM) titled Safety Zone; Oregon Inlet, Dare County, NC (82 FR scope of this rulemaking dealing with RIN 1625–AA00 57413). There we stated why we issued the establishment of a safety zone. the NPRM, and invited comments on However, the Coast Guard would like to Safety Zone; Oregon Inlet, Dare our proposed regulatory action related take this opportunity to state that this County, NC to this fireworks display. During the bridge will have the same horizontal AGENCY: Coast Guard, DHS. comment period that ended December clearance of the original Bonner Bridge. ACTION: Temporary final rule. 20, 2017, we received 5 comments. The new bridge is also designed with Under 5 U.S.C. 553(d)(3), the Coast multiple spans that can be used if the SUMMARY: The Coast Guard is Guard finds that good cause exists for waterway conditions change due to establishing a temporary safety zone on making this rule effective less than 30 shoaling.

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The third comment thanks the Coast This regulatory action determination Regulatory Enforcement Ombudsman Guard for a clear summary of the safety is based on the size, location, and and the Regional Small Business zone and includes commentary not duration of the proposed safety zone. Regulatory Fairness Boards. The related to the safety zone. Vessel traffic will not be allowed to Ombudsman evaluates these actions The fourth comment refers to the enter or transit a portion of Oregon Inlet annually and rates each agency’s Unfunded Mandates Act analysis. The during specific two hour periods on 33 responsiveness to small business. If you comment does not appear to refer separate days from January 29 through wish to comment on actions by specifically to this safety zone. The March 24, 2018, with alternate dates of employees of the Coast Guard, call 1– Unfunded Mandates Act was reviewed March 25 through May 6, 2018. The 888–REG–FAIR (1–888–734–3247). The during the rulemaking process and is specific 2 hour period for each work day Coast Guard will not retaliate against discussed in Section V of this rule. will be broadcast at least 48 hours in small entities that question or complain The dates in the regulatory text of this advance and vessels will be able to about this rule or any policy or action rule have changed from the proposed transit Oregon Inlet at all other times. of the Coast Guard. The Coast Guard will issue a Local rule in the NPRM. C. Collection of Information The Coast Guard is establishing a Notice to Mariners and transmit a safety zone to be enforced from January Broadcast Notice to Mariners via VHF– This rule will not call for a new 29 through March 24, 2018, with FM marine channel 16 regarding the collection of information under the alternate dates of March 25 through May safety zone. This portion of Oregon Inlet Paperwork Reduction Act of 1995 (44 6, 2018. Construction is expected to take has been determined to be a medium to U.S.C. 3501–3520). low traffic area at this time of the year. place on 33 separate days during this D. Federalism and Indian Tribal This rule does not allow vessels to period. The safety zone will be active Governments request permission to enter the safety for 2 hours each of those days, with the zone covering the Oregon Inlet A rule has implications for federalism exact times announced via Broadcast navigation channel during the under Executive Order 13132, Notices to Mariners at least 48 hours designated times. Federalism, if it has a substantial direct prior to enforcement. The safety zone effect on the States, on the relationship will include all navigable waters of B. Impact on Small Entities between the national government and Oregon Inlet from approximate position The Regulatory Flexibility Act of ° ′ ″ ° ′ ″ the States, or on the distribution of 35 46 23 N, 75 32 18 W, thence 1980, 5 U.S.C. 601–612, as amended, ° ′ ″ ° ′ ″ power and responsibilities among the southeast to 35 46 18 N, 75 32 12 W, requires Federal agencies to consider ° ′ ″ various levels of government. We have thence southwest to 35 46 16 N, the potential impact of regulations on ° ′ ″ analyzed this rule under that Order and 75 32 16 W, thence northwest to small entities during rulemaking. The ° ′ ″ ° ′ ″ have determined that it is consistent 35 46 20 N, 75 32 23 W, thence term ‘‘small entities’’ comprises small with the fundamental federalism northeast back to the point of origin, businesses, not-for-profit organizations principles and preemption requirements (NAD 1983). This zone is intended to that are independently owned and described in Executive Order 13132. protect persons, vessels, and the marine operated and are not dominant in their Also, this rule does not have tribal environment on the navigable waters in fields, and governmental jurisdictions implications under Executive Order Oregon Inlet during this construction with populations of less than 50,000. 13175, Consultation and Coordination phase. No vessel or person will be The Coast Guard received no comments with Indian Tribal Governments, permitted to enter the safety zone from the Small Business Administration because it does not have a substantial during the designated times. on this rulemaking. The Coast Guard direct effect on one or more Indian V. Regulatory Analyses certifies under 5 U.S.C. 605(b) that this tribes, on the relationship between the rule will not have a significant Federal Government and Indian tribes, We developed this rule after economic impact on a substantial or on the distribution of power and considering numerous statutes and number of small entities. responsibilities between the Federal Executive orders related to rulemaking. While some owners or operators of Government and Indian tribes. If you Below we summarize our analyses vessels intending to transit the safety believe this rule has implications for based on a number of these statutes and zone may be small entities, for the federalism or Indian tribes, please Executive orders, and we discuss First reasons stated in section V.A above, this contact the person listed in the FOR Amendment rights of protestors. rule will not have a significant FURTHER INFORMATION CONTACT section. A. Regulatory Planning and Review economic impact on any vessel owner or operator. E. Unfunded Mandates Reform Act Executive Orders 12866 and 13563 Under section 213(a) of the Small The Unfunded Mandates Reform Act direct agencies to assess the costs and Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires benefits of available regulatory Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of alternatives and, if regulation is we want to assist small entities in their discretionary regulatory actions. In necessary, to select regulatory understanding this rule. If the rule particular, the Act addresses actions approaches that maximize net benefits. would affect your small business, that may result in the expenditure by a Executive Order 13771 directs agencies organization, or governmental State, local, or tribal government, in the to control regulatory costs through a jurisdiction and you have questions aggregate, or by the private sector of budgeting process. This rule has not concerning its provisions or options for $100,000,000 (adjusted for inflation) or been designated a ‘‘significant compliance, please contact the person more in any one year. Though this rule regulatory action,’’ under Executive listed in the FOR FURTHER INFORMATION will not result in such an expenditure, Order 12866. Accordingly, this rule has CONTACT section. we do discuss the effects of this rule not been reviewed by the Office of Small businesses may send comments elsewhere in this preamble. Management and Budget (OMB), and on the actions of Federal employees pursuant to OMB guidance it is exempt who enforce, or otherwise determine F. Environment from the requirements of Executive compliance with, Federal regulations to We have analyzed this rule under Order 13771. the Small Business and Agriculture Department of Homeland Security

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Directive 023–01, which guides the including a Coast Guard commissioned, ARCHITECTURAL AND Coast Guard in complying with the warrant, or petty officer designated by TRANSPORTATION BARRIERS National Environmental Policy Act of the Captain of the Port North Carolina COMPLIANCE BOARD 1969 (42 U.S.C. 4321–4370f), and have (COTP) for the enforcement of the safety determined that this action is one of a zone. 36 CFR Part 1194 category of actions that do not Captain of the Port means the individually or cumulatively have a [Docket No. ATBCB–2015–0002] Commander, Sector North Carolina. significant effect on the human RIN 3014–AA37 environment. This rule involves a safety Construction crews means persons zone lasting for 2 hours on 33 separate and vessels involved in support of Information and Communication days that would prohibit entry into a construction. Technology (ICT) Standards and portion of Oregon Inlet for bridge (c) Regulations. (1) The general Guidelines construction. It is categorically excluded regulations governing safety zones in from further review under paragraph AGENCY: Architectural and § 165.23 apply to the area described in Transportation Barriers Compliance L60 (a) of Appendix A, Table 1 of DHS paragraph (a) of this section. Instruction Manual 023–01–001–01, Board. Rev. 01. A Record of Environmental (2) With the exception of construction ACTION: Direct final rule; request for Consideration supporting this crews, entry into or remaining in this comments. determination is available in the docket safety zone is prohibited. SUMMARY: The Architectural and where indicated under ADDRESSES. (3) All vessels within this safety zone Transportation Barriers Compliance when this section becomes effective G. Protest Activities Board (we, Access Board, or Board) is must depart the zone immediately. The Coast Guard respects the First issuing this direct final rule to amend its Amendment rights of protesters. (4) The Captain of the Port, North regulations addressing accessibility Protesters are asked to contact the Carolina can be reached through the requirements for information and person listed in the FOR FURTHER Coast Guard Sector North Carolina communication technology to correct INFORMATION CONTACT section to Command Duty Officer, Wilmington, several inadvertent drafting errors in a coordinate protest activities so that your North Carolina at telephone number final rule published in the Federal message can be received without 910–343–3882. Register on January 18, 2017. jeopardizing the safety or security of (5) The Coast Guard and designated Specifically, this direct final rule people, places or vessels. security vessels enforcing the safety corrects two typographical errors and the unintentional deletion of zone can be contacted on VHF–FM List of Subjects in 33 CFR Part 165 longstanding requirements for TTY marine band radio channel 13 (165.65 compatibility and functionality that Harbors, Marine safety, Navigation MHz) and channel 16 (156.8 MHz). (water), Reporting and recordkeeping have been in place for nearly two requirements, Security measures, (d) Enforcement. The U.S. Coast decades. These minor amendments Waterways. Guard may be assisted in the patrol and neither establish new substantive For the reasons discussed in the enforcement of the safety zone by accessibility requirements, nor impose preamble, the Coast Guard proposes to Federal, State, and local agencies. any costs on regulated entities. The amend 33 CFR part 165 as follows: (e) Enforcement period. This Access Board is issuing these regulation will be enforced from January amendments directly as a final rule PART 165—REGULATED NAVIGATION 29, 2018, through March 24, 2018, with because we believe they are noncontroversial, unlikely to receive AREAS AND LIMITED ACCESS AREAS alternate dates of March 25, 2018, adverse comment, and will prevent through May 6, 2018. ■ 1. The authority citation for part 165 confusion. continues to read as follows: (f) Public notification. The Coast DATES: Guard will notify the public of the This direct final rule is effective Authority: 33 U.S.C. 1231; 50 U.S.C. 191; March 23, 2018, without further action, specific two hour closures at least 48 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; unless adverse comment is received by Department of Homeland Security Delegation hours in advance by transmitting February 21, 2018. If timely adverse No. 0170.1. Broadcast Notice to Mariners via VHF– comment is received, the Access Board ■ 2. Add § 165.T05–0964 to read as FM marine channel 16. will publish a notification of follows: Dated: January 8, 2018. withdrawal of the rule in the Federal § 165.T05–0964 Safety Zone; Oregon Inlet, Bion B. Stewart, Register before the effective date. Such Dare County, NC. Captain, U.S. Coast Guard Captain of the notification may withdraw the direct (a) Location. The following area is a Port North Carolina. final rule in whole or in part. safety zone: all navigable waters of [FR Doc. 2018–00883 Filed 1–19–18; 8:45 am] ADDRESSES: Submit comments by any Oregon Inlet, from approximate position BILLING CODE 9110–04–P one of the following methods: 35°46′23″ N, 75°32′18″ W, thence • Federal eRulemaking Portal: http:// southeast to 35°46′18″ N, 75°32′12″ W, www.regulations.gov. Follow the thence southwest to 35°46′16″ N, instructions for submitting comments. 75°32′16″ W, thence northwest to The identifier for this docket is ATBCB– 35°46′20″ N, 75°32′23″ W, thence 2015–0002. northeast back to the point of origin • Email: [email protected]. (NAD 1983) in Dare County, NC. Include ATBCB–2015–0002 in the (b) Definitions. As used in this subject line of the message. section— • Facsimile: 202–272–0081. Designated representative means a • Mail/Hand Delivery/Courier: Office Coast Guard Patrol Commander, of Technical and Information Services,

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Access Board, 1331 F Street NW, Suite Federal Register (82 FR 5790) (hereafter, notification in the Federal Register 1000, Washington, DC 20004–1111. ‘‘ICT Final Rule’’), which revised and announcing full or partial withdrawal of All comments, including any personal updated—in a single rulemaking—the this rule. If an adverse comment applies information provided, will be posted standards for Section 508-covered ICT only to one part of this direct final rule, without change to http://regulations.gov developed, procured, maintained, or and it is possible to withdraw that part and available for public viewing. used by Federal agencies (hereafter, without defeating the purpose of the FOR FURTHER INFORMATION CONTACT: ‘‘508 Standards’’), as well as the remaining parts of the rule, we may Timothy Creagan, Access Board, 1331 F guidelines for telecommunications adopt, as final, those parts of this rule Street NW, Suite 1000, Washington, DC equipment and customer premises that received no adverse comment. 20004–1111. Telephone: (202) 272–0016 equipment covered by Section 255 Should the Access Board withdraw this (voice) or (202) 272–0074 (TTY). Or (hereafter, ‘‘255 Guidelines’’). Because rule due to adverse comment (in whole Bruce Bailey, Access Board, 1331 F nearly two decades had passed since the in part), we may subsequently Street NW, Suite 1000, Washington, DC original issuance of our then-existing incorporate such comment(s) into 20004–1111. Telephone: (202) 272–0024 508 Standards and 255 Guidelines, the another direct final rule or publish a (voice) or (202) 272–0070 (TTY). Email: ICT Final Rule was aimed at notice of proposed rulemaking. ‘‘refreshing’’ these regulations by, [email protected]. Discussion of Changes SUPPLEMENTARY INFORMATION: among other things, addressing changing technology and harmonizing A. Administrative Corrections Legal Authority with ICT accessibility standards that This direct final rule remedies two Section 508 of the Rehabilitation Act had been developed worldwide in typographical errors on the ICT Final of 1973 (hereafter, ‘‘Section 508’’), as recent years. Rule. First, the table of contents for amended, mandates that Federal Subsequently, we discovered several appendix A to part 1194 (Section 508 of agencies ‘‘develop, procure, maintain, or small drafting errors in the ICT Final the Rehabilitation Act: Application and use’’ information and communication Rule. These errors included a few Scoping Requirements) incorrectly lists technology (ICT) in a manner that typographical errors and the inadvertent the title of E205 as ‘‘Content.’’ The ensures Federal employees with deletion of then-existing provisions that correct title for this section is disabilities have comparable access to, require telecommunications products ‘‘Electronic Content.’’ In this rule, we and use of, such information and data and systems with two-way voice correct this error by inserting the word relative to other Federal employees, communication capabilities to also ‘‘Electronic’’ before ‘‘Content’’ in the unless doing so would impose an undue provide TTY compatibility and table of contents entry for E205 in burden. 29 U.S.C. 794d. Section 508 functionality. By this rule, the Access appendix A. Second, also in appendix A also requires Federal agencies to ensure Board corrects these typographical to part 1194, there is a mistaken cross- that members of the public with errors and restores mistakenly deleted reference in E202.6, Undue Burden or disabilities have comparable access to TTY requirements for ICT with two-way Fundamental Alteration. E202.6 publicly-available information and data voice communication, albeit with currently reads, in pertinent part: unless doing so would impose an undue slightly updated organization and ‘‘Where an agency determines in burden on the agency. Id. The Access wording (with no change in substance) accordance with E202.5 that Board is charged with developing and for consistency with the ICT Final Rule. conformance to requirements in the The Access Board is publishing this maintaining standards that establish Revised 508 Standards would impose an direct final rule without prior notice technical and functional performance undue burden of would result in a and comment. The Administrative criteria for ICT accessibility. 29 U.S.C. fundamental alternation in the nature of Procedure Act permits agencies to 794d(a)(2)(A), (B). the ICT . . .’’ (emphasis added). This publish final rules without prior notice Section 255 of the Communications text should instead refer to E202.6. This and comment when, for good cause, Act of 1934 (hereafter, ‘‘Section 255’’), direct final rule revises the cross- they determine such procedures are as amended, requires reference in the first sentence of E202.6 unnecessary. See 5 U.S.C. 553(b)(B). We telecommunications equipment and from ‘‘E202.5’’ to ‘‘E202.6.’’ services to be accessible to, and usable view the minor, technical corrections in by, individuals with disabilities, where this rule as noncontroversial and do not B. Restoration of TTY-Related readily achievable. 47 U.S.C. 255. anticipate adverse comment. Moreover, Accessibility Requirements the public interest is best served by ‘‘Readily achievable’’ is defined in the 1. Background statute as ‘‘easily accomplishable and having these corrections without delay able to be carried out without much to prevent confusion concerning these The second set of corrections in this difficulty or expense.’’ Id. Section 255 errors in the ICT Final Rule and ensure direct final rule restores the TTY-related tasks the Access Board, in conjunction that there are no gaps in accessibility accessibility requirements for ICT with with the Federal Communications requirements for ICT covered by two-way voice communication to the Commission (FCC), with the Sections 508 or 255. Accordingly, there Access Board’s 508 Standards and 255 development of guidelines for the is good cause for waiver of prior notice Guidelines. As noted, when the Access accessibility of telecommunications and comment. Board published the ICT Final Rule in equipment and customer premises This direct final rule will take effect January 2017, ICT with two-way voice equipment, as well as their periodic on the specified effective date, without communication had long been required review and update. The FCC, however, further action, unless the Access Board to ensure TTY compatibility and has exclusive authority under Section receives adverse comment within the functionality. However, as discussed 255 to issue implementing regulations comment period. We consider an below, a drafting error resulted in these and carry out their enforcement. Id. adverse comment to be a comment that TTY-related accessibility requirements Section 255(f). challenges the propriety of the rule or being mistakenly removed from the ICT asserts that it would be ineffective or Final Rule. This direct final rule restores Purpose of Direct Final Rule unacceptable without material change. these original TTY-related requirements On January 18, 2017, the Access If the Access Board receives timely to the Board’s 508 Standards and 255 Board published a final rule in the adverse comment, we will publish a Guidelines, albeit with minor, non-

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substantive changes to better align them TTY as the form of text-based rulemaking on RTT-related accessibility with the revised organization and functionality required for ICT with two- requirements, persons with language in the ICT Final Rule. way voice communication. See Notice communications disabilities will still be Both the original 508 Standards of Proposed Rulemaking—Information able to send and receive text-based (issued in 2000) and 255 Guidelines and Communication Technology communications over telephone (issued in 1998) required Standards and Guidelines, 80 FR 10880, networks. telecommunications products and 10900–10901, 10909 & 10910 (Feb. 27, Under the ICT Final Rule, Federal services with two-way voice 2015) (hereafter, ‘‘ICT NPRM’’). Most agencies were afforded one year from communication to provide certain TTY- comments received in response to the rule publication (i.e., Jan. 18, 2018) to related features, including a connection ICT NPRM were supportive of the comply with the revised 508 Standards. point for TTY (e.g., RJ–11 connector), a Access Board’s RTT proposal, though 82 FR at 5790, 5792 & 5821. The Access microphone capable of being turned on some expressed differing views on the Board seeks to restore TTY-related and off to allow a user to intermix appropriate technical standard for RTT requirements to the 508 Standards prior speech and TTY use, and support for interoperability with certain systems to this compliance date. The Board is cross-manufacturer, non-proprietary (such as Voice over internet Protocol or not aware of any Federal agency having standard TTY signal protocols (e.g., ‘‘VoIP’’ systems). relied on the mistaken omission of TTY- Baudot). See, e.g., Electronic and In May 2016, about one year after the related requirements from the ICT Final Information Technology Accessibility ICT NPRM comment period had closed, Rule as authorization to reduce or Standards—Final Rule, 65 FR 80500 the FCC initiated a proceeding (at the eliminate TTY functionality on their (Dec. 21, 2000); Telecommunications behest of several telecommunications ICT with two-way voice Act Accessibility Guidelines—Final companies) to update its accessibility communication. Rule, 63 FR 5608 (Feb. 3, 1998); see also rules to allow telecommunications 2. Amended TTY Requirements 36 CFR part 1194 (2017), appendix D, providers and manufacturers to support section D1194.23(a)–(e) (reprinting RTT in lieu of TTY technology in IP- As discussed in the preamble to the original 508 Standards published in based telecommunication environments. ICT Final Rule, the revised 508 2000 as appendix to revised See Transition from TTY to Real-Time Standards and 255 Guidelines feature regulations). TTYs (e.g., Text Technology—Notice of Proposed significantly revamped organizational teletypewriters)—which were developed Rulemaking, 81 FR 33170 (May 25, format and wording relative to their in the 1970s—allow persons with 2016). predecessor standards and guidelines. hearing- or speech-related disabilities to In deference to the FCC’s ongoing See 82 FR at 5790–91. The TTY-related send and receive text communications rulemaking efforts on a regulatory accessibility requirements from the over telephone networks. transition from TTY to RTT technology, original 508 Standards and 255 In recent years, however, other text- the Access Board elected to postpone Guidelines thus could not simply be based means of communication have adoption of RTT-related accessibility reinserted into the revised standards emerged, including simple message requirements in the ICT Final Rule. See and guidelines using their original service (SMS or text messages) and real- 82 FR at 5800. Consequently, we wording and section numbering. time text (RTT) technology. RTT removed the proposed requirements for Consequently, in this direct final rule, technology permits the transmission of RTT functionality from Chapter 4 of the the TTY-related requirements from the text in near real-time as each character final rule, and simply reserved section original 508 Standards and 255 is typed. SMS messages are not 412.5 in the final rule for future use Guidelines have been modestly transmitted until the user issues a send should the Board subsequently revised—in minor, non-substantive function (usually by hitting the ‘‘enter’’ promulgate RTT-related requirements. ways—so that they conform to the key). Like SMS, TTY technology has a See 36 CFR part 1194, appendix C, updated formatting and terminology significant disadvantage as compared to section 412.5. used in the ICT Final Rule RTT—namely, to avoid scrambling By reserving adoption of RTT-related In summary, this direct final rule messages, users must send completed requirements, the Access Board did not incorporates the original TTY-related messages on a turn-by-turn basis. This thereby intend to leave a ‘‘gap’’ in requirements into the revised 508 ability to send text transmissions accessibility requirements to ensure that Standards and 255 Guidelines as instantly and simultaneously permits persons with communication follows. The technical specifications for more conversational, interactive text- disabilities can use telephone networks. TTY functionality appear as a new based communications that are akin to In other words, with the removal and subsection (412.8) to the section that telephone conversations, as well as reservation of RTT-related requirements, collectively sets forth the technical facilitating better communication during the TTY-related requirements in the requirements applicable to ICT with emergency situations. As a newer original 508 Standards and 255 two-way voice communication. We (digital) technology, RTT is directly Guidelines should have been retained the original wording of these compatible with wireless and internet incorporated into the ICT Final Rule. reinstated TTY-related requirements to protocol-based networks, whereas TTY, However, due to a drafting oversight, the greatest extent possible; some minor, as an analog technology, is not. TTY these existing TTY requirements did not non-substantive wording changes were signals have acoustic characteristics that get incorporated into the final rule. As needed for consistency with updated cause them to be corrupted and become a result, the ICT Final Rule is terminology used in the ICT Final Rule. unusable with the typical digitization presently—and unintentionally—silent Additionally, in the scoping provision algorithms used for transmitting voice with respect to TTY functionality for hardware covered by the 255 over wireless and IP-based networks. requirements for ICT with two-way Guidelines (C204.1), a companion By early 2015, when the Access Board voice communication. exception has been added that exempts published the notice of proposed In this direct final rule, the Access 255-covered hardware from the rulemaking to ‘‘refresh’’ the 508 Board restores the TTY-related accessibility requirements in new Standards and 255 Guidelines, RTT requirements from the original 508 412.8.3. This exception mirrors the technology had matured sufficiently for Standards and 255 Guidelines to ensure existing scope of coverage under the the Board to propose that RTT supplant that, during the pendency of further original 255 Guidelines. Unlike the

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original 508 Standards, the original 255 1194.23(c), (e) (2016) (specifying, in software that provides TTY Guidelines do not require the features original 508 Standards, that functionality, as well as stand-alone addressed in 412.8.3—namely, voice telecommunications systems for voice TTY devices and other hardware. mail, auto-attendant, and interactive mail, auto-attendant, interactive voice In Table 1 below, we provide a ‘‘cross- voice response telecommunications response, and caller identification must walk’’ that lists the TTY-related systems—to provide TTY functionality. be compatible with TTYs). Lastly, in provisions added by the direct final rule Compare, e.g., 36 CFR 1193.51(d) (2016) consideration of technological advances, and identifies their corresponding (TTY-related compatibility requirements we have clarified that the requirements provisions in the original 508 Standards in original 255 Guidelines) with 36 CFR for TTY compatibility (412.8) cover and 255 Guidelines.

TABLE 1—CROSSWALK OF TTY PROVISIONS IN THE DIRECT FINAL RULE AND THEIR CORRESPONDING PROVISIONS IN THE ORIGINAL 508 STANDARDS AND 255 GUIDELINES

Original 508 Original 255 Direct final rule standards guidelines (new § ) (original § ) (original § )

412.8 ...... 1194.23(a) 1193.51(d) 412.8.1 ...... 1194.23(a) 1193.51(d) 412.8.2 ...... 1194.23(a) 1193.51(d) 412.8.3 ...... 1194.23(b) 1193.51(e) 412.8.4 (Section 508-covered hardware) & C204.1, Exception for 412.8.4 (Section 255-covered hardware) 1194.23(c), (e) n/a

Regulatory Process Matters C. Regulatory Flexibility Act $100 million (adjusted for inflation) or The Regulatory Flexibility Act (RFA) more in any one year by the private A. Regulatory Planning and Review sector, or by state, local, and tribal (Executive Orders 12866 and 13563) requires Federal agencies to analyze regulatory options that may assist in governments in the aggregate. Because The Access Board has examined the minimizing any significant impact of a this direct final rule is being issued impact of this direct final rule under rule on small businesses and small under the good cause exception in the Executive Orders 12866 and 13563. governmental jurisdictions. See 5 U.S.C. Administrative Procedure Act section These executive orders direct agencies 604, 605(b). Because this direct final 553(b)(B), UMRA’s analytical to assess the costs and benefits of rule merely remedies several requirements are inapplicable. See 2 available regulatory alternatives and, if inadvertent drafting errors in the ICT U.S.C. 1532(a). regulation is necessary, to select Final Rule, including the unintentional List of Subjects in 36 CFR Part 1194 regulatory approaches that maximize deletion of longstanding TTY-related net benefits (including potential accessibility requirements, the Access Civil rights, Communications, economic, environmental, public health Board certifies that the rule will not Communications equipment, Computer and safety effects, distributive impacts, have a significant economic impact on technology, Electronic products, and equity). This rule does not impose a substantial number of small entities. Government employees, Government any incremental costs or benefits procurement, Incorporation by D. Federalism (Executive Order 13132) because it makes minor administrative reference, Individuals with disabilities, corrections and, on the one substantive The Access Board has analyzed this Reporting and recordkeeping matter, merely retains (restores) existing direct final rule in accordance with the requirements, Telecommunications. TTY-related requirements for ICT with principles and criteria set forth in For the reasons stated in the two-way voice communication that have Executive Order 13132. The Board has preamble, and under the authority of 47 been in place for nearly two decades. As determined that this action will not U.S.C. 255(e), the Board amends 36 CFR such, this direct final rule is not a have a substantial direct effect on the part 1194 as follows: significant regulatory action for States, or the relationship between the purposes of section 3(f) of Executive Federal Government and the States, or PART 1194—INFORMATION AND Order 12866. on the distribution of power and COMMUNICATION TECHNOLOGY responsibilities among the various STANDARDS AND GUIDELINES Additionally, because this direct final levels of government, and, therefore, rule is a non-significant regulatory does not have Federalism implications. ■ 1. The authority citation for part 1194 action that imposes no costs, it is also continues to read as follows: exempt from the requirements outlined E. Paperwork Reduction Act Authority: 29 U.S.C. 794d, 47 U.S.C. 255. in Executive Order 13771. See Exec. This direct final rule does not contain Order. 13771, 82 FR 9339 (Feb. 3, 2017); any new collections of information or Appendix A to Part 1194—[Amended] OMB, M–17–21, Guidance recordkeeping requirements that require ■ 2. In appendix A to part 1194: Implementing Executive Order 13771, OMB approval under the Paperwork ■ a. In the table of contents, remove Titled ‘‘Reducing Regulation and Reduction Act (44 U.S.C. 3501 et seq.). Controlling Regulatory Costs’’ (April 5, ‘‘E205 Content’’ and add in its place 2017). F. Unfunded Mandates Reform Act ‘‘E205 Electronic Content’’. ■ b. In section E202.6, in the first B. Congressional Review Act The Unfunded Mandates Reform Act of 1995 (codified at 2 U.S.C. 1531 et sentence, remove ‘‘E202.5’’ and add in This direct final rule is not a major seq.) (‘‘UMRA’’) generally requires that its place ‘‘E202.6’’. rule within the meaning of the Federal agencies assess the effects of ■ 3. In appendix B to part 1194, revise Congressional Review Act (5 U.S.C. 801 their discretionary regulatory actions the exception paragraph following et seq.). that may result in the expenditure of section C204.1 to read as follows:

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Appendix B to Part 1194—Section 255 Atmospheric Administration (NOAA), ray did not warrant listing under the of the Communications Act: Commerce. ESA (82 FR 3694). We solicited Application and Scoping Requirements ACTION: Final rule. information on the proposed listing * * * * * determination, the development of SUMMARY: We, NMFS, announce a final C204.1 * * * proposed protective regulations, and EXCEPTION: Components of rule to list the giant manta ray (Manta designation of critical habitat for the telecommunications equipment and birostris) as threatened under the giant manta ray, and the comment customer premises equipment shall not be Endangered Species Act (ESA). We have period was open through March 13, required to conform to 402, 407.7, 407.8, 408, reviewed the status of the giant manta 2017. This final rule provides a 412.8.4, and 415. ray, including efforts being made to discussion of the information we * * * * * protect this species, and considered received during and after the public ■ 4. In appendix C to part 1194, add public comments submitted on the comment period and our final sections 412.8, 412.8.1, 412.8.2, 412.8.3, proposed rule as well as new determination on the petition to list the and 412.8.4 in numerical order to read information received since publication giant manta ray under the ESA. of the proposed rule. We have made our as follows: Listing Species Under the Endangered final determinations based on the best Species Act Appendix C to Part 1194—Functional scientific and commercial data Performance Criteria and Technical available. At this time, we conclude that We are responsible for determining * * * * * critical habitat is not determinable whether species are threatened or 412 ICT With Two-Way Voice because data sufficient to perform the endangered under the ESA (16 U.S.C. Communication required analyses are lacking; however, 1531 et seq.). To make this * * * * * we solicit information on habitat determination, we first consider 412.8 Legacy TTY Support. ICT features and areas in U.S. waters that whether a group of organisms equipment or systems with two-way voice may meet the definition of critical constitutes a ‘‘species’’ under section 3 communication that do not themselves habitat for the giant manta ray. of the ESA, then whether the status of provide TTY functionality shall conform to DATES: the species qualifies it for listing as 412.8. This final rule is effective February 21, 2018. either threatened or endangered. Section 412.8.1 TTY Connectability. ICT shall 3 of the ESA defines species to include ADDRESSES: Endangered Species include a standard non-acoustic connection ‘‘any subspecies of fish or wildlife or point for TTYs. Division, NMFS Office of Protected plants, and any distinct population 412.8.2 Voice and Hearing Carry Over. Resources (F/PR3), 1315 East West ICT shall provide a microphone capable of segment of any species of vertebrate fish Highway, Silver Spring, MD 20910. or wildlife which interbreeds when being turned on and off to allow the user to Copies of the petition, status review intermix speech with TTY use. mature.’’ On February 7, 1996, NMFS 412.8.3 Signal Compatibility. ICT shall report, and Federal Register notices are and the U.S. Fish and Wildlife Service support all commonly used cross- available on our website at http:// (USFWS; together, the Services) adopted manufacturer non-proprietary standard TTY www.fisheries.noaa.gov/pr/species/fish/ a policy describing what constitutes a signal protocols where the system manta-ray.html. DPS of a taxonomic species (61 FR interoperates with the Public Switched FOR FURTHER INFORMATION CONTACT: 4722). The joint DPS policy identified Telephone Network (PSTN). Maggie Miller, NMFS, Office of two elements that must be considered 412.8.4 Voice Mail and Other Messaging Protected Resources, (301) 427–8403. Systems. Where provided, voice mail, auto- when identifying a DPS: (1) The attendant, interactive voice response, and SUPPLEMENTARY INFORMATION: discreteness of the population segment caller identification systems shall be usable Background in relation to the remainder of the with a TTY. species (or subspecies) to which it * * * * * On November 10, 2015, we received belongs; and (2) the significance of the a petition from Defenders of Wildlife to population segment to the species (or Approved by notational vote of the Access list the giant manta ray (M. birostris), Board on January 12, 2018. subspecies) to which it belongs. reef manta ray (M. alfredi) and Section 3 of the ESA defines an David M. Capozzi, Caribbean manta ray (M. c.f. birostris) as endangered species as ‘‘any species Executive Director. threatened or endangered under the which is in danger of extinction [FR Doc. 2018–00848 Filed 1–19–18; 8:45 am] ESA throughout their respective ranges, throughout all or a significant portion of BILLING CODE 8150–01–P or, as an alternative, to list any its range’’ and a threatened species as identified distinct population segments one ‘‘which is likely to become an (DPSs) as threatened or endangered. The endangered species within the DEPARTMENT OF COMMERCE petitioners also requested that critical foreseeable future throughout all or a habitat be designated concurrently with significant portion of its range.’’ Thus, National Oceanic and Atmospheric listing under the ESA. We found that in the context of the ESA, the Services Administration the petitioned action may be warranted interpret an ‘‘endangered species’’ to be for the giant manta ray and reef manta one that is presently in danger of 50 CFR Part 223 ray and announced the initiation of extinction. A ‘‘threatened species’’ is [Docket No. 160105011–7999–03] status reviews for these species, but not presently in danger of extinction, found that the Caribbean manta ray is but is likely to become so in the RIN 0648–XE390 not a taxonomically valid species or foreseeable future (that is, at a later Endangered and Threatened Wildlife subspecies for listing, and explained the time). In other words, the primary and Plants; Final Rule To List the Giant basis for that finding (81 FR 8874, statutory difference between a Manta Ray as Threatened Under the February 23, 2016). On January 12, threatened and endangered species is Endangered Species Act 2017, we published a proposed rule to the timing of when a species is or is list the giant manta ray as a threatened likely to become in danger of extinction, AGENCY: National Marine Fisheries species under the ESA and made a 12- either presently (endangered) or in the Service (NMFS), National Oceanic and month determination that the reef manta foreseeable future (threatened).

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When we consider whether a species those areas used throughout all or part giant manta ray under present might qualify as threatened under the of the species’ life cycle, even if they are conditions and in the foreseeable future ESA, we must consider the meaning of not used regularly (e.g., seasonal are based on our evaluation of the the term ‘‘foreseeable future.’’ It is habitats). Lost historical range is species’ demographic risks and ESA appropriate to interpret ‘‘foreseeable relevant to the analysis of the status of section 4(a)(1) threat factors. Our future’’ as the horizon over which the species, but it cannot constitute an assessment of overall extinction risk predictions about the conservation SPR. considered the likelihood and status of the species can be reasonably (4) If a species is endangered or contribution of each particular factor, relied upon. The foreseeable future threatened throughout an SPR, and the synergies among contributing factors, considers the life history of the species, population in that significant portion is and the cumulative impact of all habitat characteristics, availability of a valid DPS, we will list the DPS rather demographic risks and threats on the data, particular threats, ability to predict than the entire taxonomic species or giant manta ray. threats, and the ability to reliably subspecies. Section 4(b)(1)(A) of the ESA requires forecast the effects of these threats and The statute also requires us to us to make listing determinations based future events on the status of the species determine whether any species is solely on the best scientific and under consideration. Because a species endangered or threatened throughout all commercial data available after may be susceptible to a variety of threats or a significant portion of its range as a conducting a review of the status of the for which different data are available, or result of any one or a combination of the species and after taking into account which operate across different time following five factors: The present or efforts being made by any State or scales, the foreseeable future is not threatened destruction, modification, or foreign nation or political subdivision necessarily reducible to a particular curtailment of its habitat or range; thereof to protect the species. Therefore, number of years. overutilization for commercial, prior to making a listing determination, Additionally, as the definition of recreational, scientific, or educational we also assess such protective efforts to ‘‘endangered species’’ and ‘‘threatened purposes; disease or predation; the determine if they are adequate to species’’ makes clear, the determination inadequacy of existing regulatory mitigate the existing threats. In of status can be based on either mechanisms to address identified evaluating the efficacy of existing assessment of the rangewide status of threats; or other natural or manmade domestic protective efforts, we rely on the species, or the status of the species factors affecting its continued existence the Services’ joint Policy on Evaluation in a ‘‘significant portion of its range.’’ A (ESA section 4(a)(1)(A)–(E)). of Conservation Efforts When Making species may be endangered or To make a listing determination, we Listing Decisions (‘‘PECE’’; 68 FR 15100; threatened throughout all of its range or first determine whether a petitioned March 28, 2003) for any conservation a species may be endangered or species meets the ESA definition of a efforts that have not been implemented, threatened throughout only a significant ‘‘species.’’ Next, using the best available or have been implemented but not yet portion of its range. The Services information gathered during the status demonstrated effectiveness. published a final policy to clarify the review for the species, we assess the Summary of Comments interpretation of the phrase ‘‘significant extinction risk of the species. In portion of its range’’ (SPR) in the ESA assessing the extinction risk of the giant In response to our request for public definitions of ‘‘threatened species’’ and manta ray, in conjunction with the comments on the proposed rule, we ‘‘endangered species’’ (referred to as the section 4(a)(1) factors, we considered received information and/or comments ‘‘SPR Policy,’’ 79 FR 37577; July 1, demographic risk factors, such as those from 25 parties. The large majority of 2014). The policy expressly recognizes developed by McElhany et al. (2000), to commenters supported the proposed that the SPR phrase provides an organize and evaluate the forms of risks. listing determination but provided no independent basis for listing and sets The demographic risk analysis is an new or substantive data or information out the following principles: assessment of the manifestation of past relevant to the listing of the giant manta (1) If a species is found to be threats that have contributed to the ray. We also directly solicited comments endangered or threatened throughout species’ current status and also informs from the foreign ambassadors of only an SPR, the entire species is listed the consideration of the biological countries where the giant manta ray as endangered or threatened, response of the species to present and occurs and received a response from the respectively, and the ESA’s protections future threats. The approach of Aquatic Resources Authority and the apply to all individuals of the species considering demographic risk factors to Ministry of the Environment of Panama wherever found. help frame the consideration of and the Fisheries and Aquaculture (2) A portion of the range of a species extinction risk has been used in many Regulatory Department of Guatemala, is ‘‘significant’’ if the species is not of our previous status reviews (see both in support of the proposed listing currently endangered or threatened http://www.nmfs.noaa.gov/pr/species determination. Summaries of the throughout its range, but the portion’s for links to these reviews). In this substantive public comments received contribution to the viability of the approach, the collective condition of and our responses are provided below species is so important that without the individual populations is considered at and organized by topic. members in that portion (i.e., if the the species level according to four members were hypothetically lost), the demographic viability factors: Comments on ESA Section 4(a)(1) species would be in danger of abundance and trends, population Factors extinction, or likely to become so in the growth rate or productivity, spatial Comment 1: One commenter stated foreseeable future, throughout all of its structure and connectivity, and genetic that the giant manta ray is widely range. diversity. These viability factors reflect distributed over vast tropical oceans (3) The range of a species is concepts that are well-founded in and, therefore, is not a vulnerable considered to be the general conservation biology and that species tied to specific restricted geographical area within which that individually and collectively provide habitats. The commenter further noted species can be found at the time USFWS strong indicators of extinction risk. that according to their own literature or NMFS makes any particular status Scientific conclusions about the search, manta rays do not appear to determination. This range includes overall risk of extinction faced by the have any predators, and the commenter

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did not know of any reports of manta U.S. fisheries, we concluded that Roman 2013) are variable or do not rays being eaten by sharks. The impacts from this mortality on the exhibit a strong trend. As such, the commenter concluded that because the species are likely to be minimal. commenter asserts that the available manta ray has only one pup per birth, evidence suggests only localized Comments on Available Data, Trends, this indicates very low predation on the depletion and does not support a and Analysis young. Finally, the commenter stated threatened status for M. birostris that there are no existing or historical Comment 2: One commenter stated throughout the Indo-Pacific and Eastern commercial or sport fisheries for manta the available information on abundance Pacific (i.e., the relevant significant rays in U.S. waters and, thus, the stock declines was insufficient to imply a portion of its range). has not been affected by any fisheries. rangewide decline. The commenter Response: In the status review and Response: We note that the noted that many of the declines proposed rule, we noted that the commenter did not provide any described in the status review were in available WCPO CPUE longline data references that were not already highly populous areas or where targeted presented in Tremblay-Boyer and considered and included in the status fishing for mobulids occurs, and that Brouwer (2016), while short, indicates review report and proposed rule. While both the status review and proposed that the giant manta ray is observed less we agree that the giant manta ray is a rule state that giant manta rays may be frequently in recent years compared to wide-ranging species, we pointed out in stable where they are not subject to 2000–2005. Based on the distribution of the proposed rule that habitat fishing. Additionally, the commenter longline effort from 2000–2015 in the preference for the species varies by states that the documented declines are Western and Central Pacific Fisheries region. And while the species may show not based on systematic abundance Commission longline fisheries, effort low habitat specificity, we noted that surveys and rely heavily on anecdotal has been concentrated around Indonesia manta rays frequently rely on offshore information. and the Philippines (Williams and reefs for important life history functions Response: We proposed to list the Terawasi 2016), where significant (e.g., feeding, cleaning). giant manta ray based on its status in a declines in the species have been We disagree that manta rays do not significant portion of its range (SPR). observed. Additionally, Williams and have any predators. As noted in the Our proposal is not based on our Terawasi (2016) note that there has been proposed rule, manta rays are frequently assessment of the status throughout the a growth in the domestic fleets observed with shark-inflicted bites, and range. We agree that the available operating in the South Pacific over the killer whales have been recorded information on abundance trends is past decade, with effort clearly preying on manta rays. We also note lacking throughout the species range, increasing between 2004 and 2015. that the number of young does not but within the relevant SPR, the best Therefore, we think it is reasonable to provide an indication of predation rates available data indicate that the species assume that the noted declines in on young. While the predation rate on has suffered population declines of observations of the giant manta ray in young manta rays is unknown, the significant magnitude (up to 95 percent the WCPO may be a result of fishery- status review reports that after birth, in some places). We note that these related mortality and an associated young mantas need a period of minutes declines are largely based on trends in decrease in the abundance of the species before they can swim properly, meaning landings and market data, diver in the region. While the commenter they would be at risk of predation sightings, and anecdotal observations. suggested that the decline may be due during this time. Additionally, because While we would also like to have to some aspect of the fishery that has mantas do not provide any parental care systematic abundance survey data, this made M. birostris less catchable, they to their offspring, the survival rate of the type of data is not currently available, did not provide, nor are we aware of any young may depend on the mother’s nor did the commenter provide any information that supports that choice of birth site. However, at this such data. Under the ESA, we are assumption. time, manta ray pupping and nursery required to use the best available data to In terms of the WCPO purse seine grounds are unknown. Therefore, we are make our listing determinations, and we data (presented in Tremblay-Boyer and aware of no information to support the have determined that the best available Brouwer (2016)), we noted in the status commenter’s conclusion that there is data, along with the evidence of threats review that these data show strong very low predation on manta ray young. to the species (i.e., overutilization and reporting bias trends (as observer Finally, while we do not dispute that inadequacy of existing regulatory reporting in the purse seine fisheries to there are no known existing or historical mechanisms), indicate that the species species-level became more prevalent commercial or sport fisheries for manta is likely to become in danger of after 2008), and, therefore, should not be rays in U.S. waters, this does not mean extinction within the foreseeable future used to assess abundance trends. The that U.S. fisheries are not contributing throughout a significant portion of its bycatch data for the Eastern Pacific to the mortality rates of giant manta range. Ocean (Hall and Roman 2013), rays. As stated in the status review and Comment 3: One commenter mentioned by the commenter, is also proposed rule, giant manta rays are suggested that the longline catch-per- discussed in the status review. While sometimes caught as bycatch in the U.S. unit-effort (CPUE) data from the the current data do not exhibit a strong bottom longline and gillnet fisheries Western and Central Pacific Ocean trend, overall, they do show a operating in the western Atlantic. (WCPO) should be viewed substantial increase in the catch and Additionally, manta rays have been circumspectly, and that further analysis bycatch (defined as individuals retained identified in U.S. bycatch data from is warranted to discern the cause of the for utilization and individuals discarded fisheries operating primarily in the reduction in M. birostris catch as dead, respectively) of manta rays in Central and Western Pacific Ocean, presented in Tremblay-Boyer and purse seines in the Eastern Pacific including the U.S. tuna purse seine Brouwer (2016). Additionally, the Ocean since 2005. For example, prior to fisheries, the Hawaii-based deep-set and commenter argues that the WCPO purse 2005, catch and bycatch remained shallow-set longline fisheries for tuna, seine catch data (Tremblay-Boyer and below 20 t per year (data from 1998– and the American Samoa pelagic Brouwer 2016) does not indicate a 2004), but by 2005, it was around 30 t longline fisheries. However, given the decline, and that the bycatch data for and jumped to around 150 t in 2006 low estimates of M. birostris bycatch in the Eastern Pacific Ocean (Hall and (Hall and Roman 2013). In 2008, catch

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and bycatch had dropped to 40 t and, Response: We have updated the final noted that the surveys were done from in 2009, decreased further to less than status review report with this 2009–2012, and that they personally 10 t (Hall and Roman 2013). In 2015, information. The CPUE data further observed vast schools of mantas, with it catches of manta and mobula rays by support our findings that catch of manta not unusual to observe over 500 manta Inter-American Tropical Tuna rays is low in these fisheries. rays per 6–8 hour day of aerial survey. Commission (IATTC) large purse seine Specifically, the observer data indicate The commenter noted that unpublished vessels with observers on board in the that the CPUE (individuals per 1,000 results from aerial surveys also Eastern Pacific Ocean (EPO) was 71 t hooks) has ranged between <0.001 and document significant numbers of manta (IATTC 2016). As mentioned in the 0.003 in the Hawaii deep-set longline rays from 2011–2013, and that status review, the estimated average fishery since 2002, with approximately additional aerial surveys are underway annual capture for giant manta rays by 20 percent observer coverage. In the at this time. IATTC purse seine vessels operating in Hawaii shallow-set longline fishery, Response: We thank the commenter the EPO was 135 individuals (based on CPUE has ranged between 0 and 0.005 for this general information and have data from 1993–2015). We have also since 2004, with 100 percent observer included it in the final status review become aware of a recent preliminary coverage. In the American Samoa (Miller and Klimovich 2017) as a productivity and susceptibly analysis longline fishery, CPUE has ranged personal communication from the (PSA) that was not included in the draft between <0.001 and 0.003 since 2007, commenter. However, without more status review (Miller and Klimovich with approximately 20 percent observer specific information regarding these 2016). This preliminary PSA suggests coverage. While we find that this new aerial surveys and the associated data that giant manta rays are one of the most data supports our conclusion that (including survey methods and manta vulnerable species to overfishing in the impacts from these U.S. fisheries on the ray identification protocols, specific EPO purse-seine fisheries (Duffy and status of giant manta rays are likely counts of individuals, composition of Griffiths 2017). Specifically, the PSA minimal, we do not find that it changes schools (i.e., males, females, juveniles, compared 32 species and calculated our analysis or conclusions regarding adults), seasonal and geographical vulnerability scores as a combination of the extinction risk of the giant manta ray information), we find that information is the species’ productivity and throughout a significant portion of its still severely lacking on population susceptibility to the fishery (Duffy and range due to overutilization in non-U.S. sizes, distribution, and trends in Griffiths 2017). In all three of the fisheries. abundance of M. birostris within this models run, giant manta rays were Comment 5: One commenter portion of its range. As such, this always one of the top five most requested that the final rule expressly general information does not change our vulnerable species to the EPO purse state that the Hawaii-based longline conclusion from the proposed rule seine fisheries (Duffy and Griffiths fisheries have only very rare regarding the demographic risks to the 2017). Because effort in this fishery interactions with manta rays, and species or the overall extinction risk of coincides with high productivity areas negligible, discountable, and the species throughout its range and insignificant indirect effects on M. where giant manta rays are likely to within the Indo-Pacific and eastern birostris. The commenter provides aggregate, and have been observed Pacific SPR. Hawaii-based and American Samoa caught in sets, we find that this Comment 7: The Aquatic Resources longline bycatch data from 2011 to 2013 continued fishing pressure in the EPO Authority of Panama and the Ministry of to support this argument. purse-seine fisheries is likely to lead to Response: We have updated the final the Environment of Panama submitted a substantial declines in M. birostris status review report with the provided comment supporting our proposal to list throughout this portion of its range and bycatch data from 2011 and 2012. The the giant manta ray as threatened. In potential extirpations within the status review already presented the terms of Panamanian data, they noted foreseeable future, with evidence of bycatch information from 2013. It is not that landings are reported by general significant declines already observed off necessary to present detailed category and not by species, and, Cocos Island, Costa Rica (a protected information in this rule about specific therefore, no information is available on area for manta rays). fisheries that do not appear to be the landing or occurrence of Manta Given the migratory nature of the significantly affecting the status of M. species in the Panamanian fisheries. species, as well as the significant fishing birostris, because this rule is focused on However, in general, rays appear to be pressure and threats of overutilization explaining the basis for our conclusion a sporadic resource and possibly and inadequacy of existing regulatory regarding the listing status of the associated with net fishing, but this mechanisms to address those threats, species. Available details on particular cannot be verified based on the further supported by available data fisheries and their associated impacts available data. indicating the vulnerability of the can be found in the final status review While the data on the species is species to overfishing and declines in of the species (Miller and Klimovich lacking in Panamanian waters, the giant manta ray populations throughout 2017). As mentioned in our response to Panama Environment Ministry and the this portion of its range, we disagree Comment 4, based on available U.S. Aquatic Resources Authority of Panama with the commenter and find that the bycatch data from fisheries operating noted that the available information available evidence indicates that M. primarily in the Central and Western indicates that the species should be birostris is likely to be in danger of Pacific Ocean, including the Hawaii- protected and pointed to the IATTC extinction in the foreseeable future based deep-set longline fisheries, the resolution (C–15–04) that prohibits the throughout the Indo-Pacific and Eastern status review concludes that impacts on retention, transshipment, storage, Pacific portion of its range. the giant manta ray are likely to be landing, and sale of all devil and manta Comment 4: One commenter provided minimal. The additional data further rays taken in its large-scale fisheries. manta/mobula ray CPUE data from the support this finding. Response: We thank the Aquatic Hawaii deep-set and shallow-set Comment 6: One commenter provided Resources Authority of Panama and the longline fisheries and the American personal observations from aerial Ministry of the Environment of Panama Samoa longline fishery based on surveys of manta rays off of St. for their comment in support of our unpublished NMFS observer data. Augustine, Florida. The commenter conclusion that the species warrants

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listing as a threatened species under the Opinion: The Meaning of ‘Foreseeable Response: We disagree with the ESA. Future’ in Section 3(20) of the commenter that we inconsistently Comment 8: One commenter provided Endangered Species Act’’ (M–37021, evaluated the threat of fisheries in the new information regarding the trophic Department of the Interior Office of the Atlantic portion of the giant manta ray’s level position of the giant manta ray and Solicitor, January 16, 2009). The range and that, by extension, our potential geographical differences in appropriate timescales for analyzing conclusion regarding the identified SPR body sizes of the species. The various threats will vary with the data is not supported. Our determination that commenter noted that the new available about each threat. The the Indo-Pacific and eastern Pacific information, which indicates that the foreseeable future considers factors such portion is biologically ‘‘significant’’ diet of giant manta rays off Ecuador is as the life history of the species rests on the contributions the members predominantly of mesopelagic origin (as (including generational length), habitat in that portion make to the overall opposed to surface zooplankton) and characteristics, availability of data, viability of the species. It does not that body size may vary by region due particular threats, ability to predict depend on any assumptions or to prey availability or fishing pressure, threats, and the ability to reliably projections as to shifts in threats that should be taken into consideration forecast the effects of these threats and would occur if the members in the during the development of critical future events on the status of the species portion were hypothetically lost, but habitat, recovery plans, and potential under consideration. In making our final rather to the reduction in the species’ fishery regulations for giant manta rays. listing determinations we must ability to withstand continuing threats Response: We reviewed the new synthesize all available information and (e.g., fishing) without those members. information regarding the trophic level forecast the species’ status into the When we conducted the SPR analysis, position (Burgess et al. 2016) and future only as far as we reliably are able we noted the absence of known areas potential body-size differences (McClain based on the best available scientific exhibiting source-sink dynamics, which et al. 2015); however, we do not find and commercial information and best could affect the survival of the species, that this new information changes any professional judgment. of our conclusions regarding the threats but that the largest subpopulations and As discussed in the status review and to the giant manta ray or the extinction records of individuals of the species proposed rule, we considered the giant risk analysis of the species. In the come from the Indo-Pacific and eastern development of critical habitat, recovery manta ray’s life history traits, noting Pacific portion. In the Atlantic, the only plans, or any other regulations for the that it would likely take more than a few available data on populations were conservation of the giant manta ray, we decades for management actions to be records of over 70 individuals from the will consider this along with all other realized and reflected in population Flower Garden Banks Marine Sanctuary available information. abundance indices, and the impact of (Gulf of Mexico) and 60 manta rays from present threats to the species. We found waters off Brazil. As mentioned Comments on Foreseeable Future that the time frame extending out previously, these observations, coupled Comment 9: One commenter stated several decades (>50 years) would allow with the low presence of the species in that NMFS neglected to define the for reasonable predictions regarding the Atlantic fisheries data, led us to ‘‘foreseeable future’’ and that without a impact of current levels of fishery- conclude that Atlantic M. birostris temporal unit of measure to evaluate the related mortality on the biological status populations are likely small and species’ future status, NMFS cannot of the giant manta ray as well as impacts sparsely distributed. New information rationally make conclusions about the on giant manta ray habitat from climate submitted during the public comment future status. change and the potential effects on the period also provided numbers from off Response: We disagree with the status of the species. the east coast of Florida (>90 individuals); however, these data do not commenter that we did not define the Comments on Significant Portion of Its change our previous conclusion. If the ‘‘foreseeable future’’ as a temporal unit Range Analysis of measure. In fact, in the status review species was hypothetically extirpated and proposed rule, we defined the Comment 10: One commenter stated within the Indo-Pacific and eastern ‘‘foreseeable future’’ as extending out that we inconsistently evaluated the Pacific portion of the range, only the several decades (>50 years). We note threat of fisheries to the Atlantic portion potentially small and fragmented that because the giant manta ray is of the giant manta ray population. The Atlantic populations would remain. The susceptible to a variety of threats for commenter notes that we concluded in demographic risks associated with small which different data are available, and the proposed rule that overutilization is and fragmented populations discussed which operate across different time unlikely to be a threat to M. birostris in in the proposed rule, such as scales, the foreseeable future is not the Atlantic Ocean; however, in the SPR demographic stochasticity, depensation, reducible to a particular number of analysis, we found that the impact of and inability to adapt to environmental years, nor does the ESA require that we targeted catch and bycatch in the changes, would become significantly identify a specific year or period of time Atlantic Ocean would be a significant greater threats to the species as a whole, as the foreseeable future. We also noted contributing factor to the extinction risk and coupled with the species’ inherent in the status review that the appropriate of the species without the members in vulnerability to depletion, indicate that time horizon for ‘‘foreseeable future’’ is the SPR. The commenter asserts that if even low levels of mortality would not limited to the period that status can we do not consider targeted catch and portend drastic declines in the be quantitatively modeled or predicted bycatch to be a threat to the species in population. Because of these risks, we within predetermined limits of the Atlantic Ocean, and if extirpation of concluded that without the animals in statistical confidence. Because neither giant manta rays in the Indo-Pacific and the Indo-Pacific and eastern Pacific, the ESA nor implementing regulations eastern Pacific would not result in a even minimal targeted fishing of the define ‘‘foreseeable future,’’ the term is shift in effort to the Atlantic Ocean, then species by artisanal fishermen and ambiguous, and Congress has left broad it is unlikely that extirpation of the SPR bycatch mortality from the purse seine, discretion to the Secretary to determine would result in increased impacts from trawl, and longline fisheries currently what period of time is reasonable for fisheries in the remaining portions of operating in the Atlantic would become each species. See ‘‘Memorandum the species’ range. significant contributing factors to the

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extinction risk of the species, placing status review and proposed rule ‘‘detailed analysis’’ to determine the species in danger of extinction statements regarding declining whether the giant manta ray is within the foreseeable future throughout subpopulations in the Indo-Pacific and endangered or threatened in the portion its range. We found that the Indo-Pacific eastern Pacific as support. of its range found to be significant. and eastern Pacific portion of the giant During our analysis of the best Response: In regards to the first claim, manta ray’s range qualifies as available information, we found that we disagree with the commenter that we ‘‘significant’’ under the SPR Policy threats were concentrated in the Indo- failed to conduct a ‘‘detailed analysis’’ because this portion’s contribution to Pacific and eastern Pacific portion of the with respect to our determination that the viability of M. birostris is so species’ range, based on data from the the Indo-Pacific and eastern Pacific important that, without the members in smaller regional populations, and portion of the giant manta ray’s range is this portion, the giant manta ray would concluded that this portion meets the ‘‘significant’’ under the SPR Policy. As be likely to become in danger of definition of an SPR under the SPR required by the SPR Policy, we extinction within the foreseeable future, Policy. We note that the SPR Policy examined whether the members of the throughout all of its range. does not specify how portions are to be species within the identified portion of Comment 11: One commenter geographically identified or require the giant manta ray’s range are so suggested that we should analyze exhaustive analyses to determine all important to the viability of the species whether there are more geographically- possible geographic combinations of that, without them, the species would defined or regional populations of giant members or areas that may comprise an be in danger of extinction or likely to manta rays that could compose an SPR SPR. However, in our demographic and become so within the foreseeable future and analyze the status of those SPR analysis, we found no information throughout all of its range. In populations. The commenter asserts that to demonstrate that M. birostris is conducting this analysis, we considered there is no support to conclude that the composed of source-sink populations in what the composition of the species entire Indo-Pacific and eastern Pacific any specific portion of its range, which would be if, hypothetically, members of portion of the giant manta range is an could affect the survival of the species the Indo-Pacific and eastern Pacific SPR and theorizes perhaps smaller and may meet the specific standard of portion were extirpated (lost). We noted portions could be SPRs that may be the SPR Policy to qualify it as that the species would have to rely on endangered instead of threatened. biologically significant. Additionally, only its members in the Atlantic for Response: The commenter is correct although we found data to suggest survival. As previously discussed in the that there are theoretically infinite ways specific populations throughout the to divide a species’ range into potential Indo-Pacific and eastern Pacific are in proposed rule within the Demographic SPRs. However, the SPR Policy does not decline, there was no information to Risk Analysis section (82 FR 3708; require exhaustively analyzing all suggest that the loss of any one of these January 12, 2017) and summarized in potential configurations, but rather sets populations would place the species in our response to Comment 10, the best out a rule of reason—that the Services danger of extinction, or render it likely available data suggest that the will evaluate an area as a potential SPR to become so in the foreseeable future, populations within the Atlantic are only where there is substantial throughout all of its range. The small and sparsely distributed, so the information indicating both that a commenter did not provide any new demographic risks of the species would particular portion may be biologically information that suggests this would be increase to the point that the species ‘‘significant’’ and that the species may the case. However, we did find that loss would likely become endangered within be either endangered or threatened in of all of the populations in the Indo- the foreseeable future throughout its that portion. We must base our decision Pacific and eastern Pacific portion of the range. The demographic risk analysis, to focus on a particular portion on the species’ range would place the species which examined abundance, spatial best available scientific and commercial in danger of extinction within the distribution, productivity, and diversity information. The commenter does not foreseeable future throughout all of its of giant manta rays, specifically provide information to support range. We state that the largest discussed the risks associated with analyzing any particular portions that subpopulations and records of small and fragmented populations. We are likely to meet the two tests of the individuals of the species come from did not find it necessary to repeat this SPR Policy. Nor do we have additional this portion and, without it, the species same information within the SPR information to support the identification would have to rely only on its members analysis section but rather referred back of alternate, smaller SPRs. The in the potentially small and fragmented to the previous, detailed discussion of commenter cited a study (McClain et al. Atlantic populations for survival (see demographic risks for small and 2015) that found some geographic response to Comment 10 for further sparsely distributed populations. While variability in disc width sizes among details). We therefore disagree with the the commenter argues that this giant manta ray individuals that may be commenter and find no rationale for discussion falls short of the analytical associated with fishing pressure or conducting additional SPR analysis. standards set forth in the SPR Policy, differences in food availability; Comment 12: One commenter specifically citing that the analysis must however, the study cautions that these contended that the proposed rule failed consider the contribution of the portion differences may be a result of ‘‘uneven to provide the required analysis and to the viability of the species using sampling across different regions or information to satisfy the legal concepts of redundancy, resiliency and differences in methodologies.’’ requirements of the ESA in the context representation, we note that the SPR Additionally, the authors stated that the of the SPR analysis. The commenter Policy also states that these concepts size distribution was not ‘‘significantly asserted that there are two underlying can be considered in terms of different from normal’’ when the data errors: (1) NMFS failed to conduct a abundance, spatial distribution, were combined for all the regions. Other ‘‘detailed analysis’’ to support its productivity, and diversity of the than this paper, the commenter makes conclusion that the Indo-Pacific and species, as was done in this analysis. only general suppositions regarding the eastern Pacific portion of the giant See 79 FR at 37581. Additionally, while potential presence of smaller portions manta ray’s range is significant under the commenter suggests our discussion that they believe may be significant the SPR Policy; and (2) NMFS failed to is conclusory and speculative, the under the SPR Policy, and cites to the engage in a ‘‘separately’’ and similarly commenter provides no additional data

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for us to consider. As such, we reiterate our final determination. As we did not declines observed in the Indo-Pacific that we used the best available find that conservation efforts and eastern Pacific portion were found information, as required by the ESA, to significantly altered the extinction risk not to translate to overall declines in the conduct our SPR analysis, we fully for the giant manta ray to the point species throughout its entire range. We analyzed all of that information, and we where it would not be in danger of also considered the migratory nature of provided a detailed explanation of our extinction in the foreseeable future, we the species when we examined threats analysis to support our conclusions. made our final determination that the to the species. For example, in our With respect to the second claim, we giant manta ray is likely to become in discussion of the adequacy of existing disagree with the commenter that we danger of extinction within the regulatory mechanisms, we noted that failed to conduct a separate, detailed foreseeable future throughout a current national protections for the analysis of whether the giant manta ray significant portion of its range and species may not be adequate to protect is endangered or threatened in the therefore proposed to list it throughout it from overutilization, primarily portion of its range that we found to be its range as a threatened species. because the species is pelagic and Comment 13: Two commenters ‘‘significant.’’ In conducting our migratory and not confined to these argued that the giant manta ray is in extinction risk analysis, which protected areas. Additionally, when danger of extinction in the identified considered all of the information from evaluating the overall risk of extinction SPR and, therefore, should be listed as the detailed demographic risk analysis of the species, we noted that although and threats assessment, we concluded an endangered species. One commenter states that NMFS did not fully take into larger, and seemingly stable populations that giant manta ray populations within account the migratory nature of the of the species still exist (including the Indo-Pacific and eastern Pacific giant manta ray and its large range when within areas of the Indo-Pacific and portion of its range (i.e., the SPR) are at it proposed to list the species as eastern Pacific), its migratory behavior a ‘‘moderate risk of extinction,’’ and we threatened. The commenter cites to the means the species will continue to face explained the basis for that conclusion declines of over 80 percent in certain fishing pressure throughout this portion in the proposed rule. We defined commercial fishing hotspots in the SPR through the foreseeable future. ‘‘moderate risk of extinction’’ within the where giant manta rays feed and However, we disagree that declines of status review (and cited to this aggregate during migrations through the 80–95 percent in local populations definition within the proposed rule) as region, and argues that the impairment within the SPR establish that the species a species that ‘‘. . . is on a trajectory of these portions increases the is at a high risk of extinction. As stated that puts it at a high level of extinction vulnerability of the species to threats, in the proposed rule, despite these risk in the foreseeable future.’’ A ‘‘high placing the entire species in danger of declines, larger subpopulations of the level of extinction risk’’ was defined to extinction. The other commenter argues species still exist within the SPR. In mean that a species ‘‘is at or near a level that the observed declines of 80–95 fact, the only two available of abundance, productivity, spatial percent in the SPR should be subpopulation estimates of M. birostris structure, and/or diversity that places its interpreted as the SPR being at a high (from Mozambique and Ecuador) continued persistence in question . . . risk of extinction. One commenter also suggest that these populations are not so [or] faces clear and present threats (e.g., states that our own conclusions in the critically small in size that they are confinement to a small geographic area; proposed rule satisfied the SPR Policy likely to experience extreme imminent destruction, modification, or threshold for ‘‘likely to go extinct fluctuations that could lead to curtailment of its habitat; or disease throughout a significant portion of its depensation or otherwise put the epidemic) that are likely to create range.’’ Finally, the same commenter imminent and substantial demographic populations in danger of extinction at states that if NMFS lists the species as this time. In addition, we note that risks.’’ In our overall determination, we threatened, it has circumvented the found that a ‘‘moderate risk of elsewhere in the SPR, current and analysis of determining whether the accurate abundance estimates are extinction’’ equates to a threatened species is in danger of extinction in any status, as the species is on a trajectory unavailable for the giant manta ray, as portion of its range, instead basing its the species tends to be only sporadically toward a status where its continued conclusion on the worldwide decline of persistence is in question (where it is in observed. In terms of other demographic the species. risks, we note that the available danger of extinction) in the foreseeable Response: We disagree with both future. To the extent there was any commenters. We also note that neither information does not indicate any ambiguity in the analysis set forth in the commenter provided any new changes in the reproductive traits of the proposed rule, we clarify here that the information that was not already species or the natural rates of dispersal species is likely to become in danger of considered in the status review and among populations (particularly within extinction within the foreseeable future proposed rule. As such, the the SPR), or any evidence that the within the Indo-Pacific and eastern commenters’ claims are based on their species is presently strongly influenced Pacific portion, which correlates to own interpretation of the data and the by stochastic or depensatory processes ‘‘threatened’’ status. However, we SPR Policy. Below, we discuss our within the SPR. As such, the best cannot end our analysis there. The ESA rationale for listing the giant manta ray available information does not indicate also directs us to take into account as threatened within an SPR and that the species is presently in danger of conservation efforts after conducting a explain key aspects of the SPR Policy. extinction within the SPR. However, review of the status of the species and First, we disagree with the statement due to continued fishing pressure before making our determination. that we did not consider the migratory within the SPR and the inadequacy of Therefore, we conducted the SPR nature of the giant manta ray or its large existing regulatory measures to control analysis to evaluate the risk of range when evaluating the species’ this fishing pressure, we concluded that extinction of the giant manta ray, but extinction risk. In fact, its global range overutilization is a threat to the then proceeded to look at conservation and the lack of available information on remaining M. birostris populations that efforts to determine whether the the abundance, life history, and ecology places the species within the SPR on a identified risk level is reduced as a of the species in the Atlantic portion of trajectory to be in danger of extinction result of such efforts before coming to this range was the reason why the in the foreseeable future.

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Second, one of the commenters whether the species is endangered in ‘‘endangered’’ (in danger of extinction) equates a statement in the proposed rule some portions of its range. Contrary to ‘‘within the foreseeable future’’ within that extirpations of those populations this assertion, we did consider whether the SPR. 16 U.S.C. 1532(20). Thus, the that have experienced substantial the species was endangered or species meets the definition of declines and are still subject to fishing, threatened in any significant portion of ‘‘threatened’’ within the SPR. We have particularly in the Indo-Pacific and its range. As outlined previously, after not stated, and could not on the present eastern Pacific portions of the species’ evaluating the species’ extinction risk record conclude, that the species is range, would inherently increase the throughout its range (worldwide), we ‘‘likely to become extinct within the overall risk of extinction for the entire reached a conclusion that the species foreseeable future’’—a much more grave species (see 82 FR 3694; January 12, was not threatened or endangered range prediction—either within the SPR or 2017) to indicating that the species is wide. Thus, we next conducted an SPR throughout its range. (Note that a ‘‘likely to go extinct’’ throughout an analysis. As stated in the proposed rule, finding that the portion is ‘‘significant,’’ SPR. The commenter further goes on to and in the SPR Policy (79 FR 37577; while based on an assumed hypothetical incorrectly interpret our statement to July 1, 2014), in order to identify only loss of the members in the portion for mean that the Indo-Pacific and eastern those portions that warrant further the sake of analysis, is not actually a Pacific portions are increasing the consideration under the SPR Policy, we prediction of such loss.) Because we vulnerability of the species to threats to must determine whether there is have found that the species is the point where the entire species is in substantial information indicating both threatened in the SPR, per the SPR danger of extinction. The statement in that (1) a particular portion of the range Policy, we are listing the species as the proposed rule referenced by the may be ‘‘significant’’ and (2) the species threatened throughout its range. commenter was made in our analysis of may be in danger of extinction in that To summarize from the proposed rule, the demographic risk that current portion or likely to become so within after examining and considering all of abundance and trends in abundance the foreseeable future. The policy the available information on the species, pose to the species. To clarify, the further explains that, depending on the including life history and abundance statement in the proposed rule that the particular facts of the situation, it may data as well as current and future hypothetical loss of the animals in the be more efficient to address the question threats to the species, we concluded that SPR would cause an ‘‘inherent increase’’ of whether any identified portions are the species was not in danger of in the overall risk of extinction for the ‘‘significant’’ first, but in other cases it extinction or likely to become so within species does not mean that the species will make more sense to examine the the foreseeable future throughout its is actually now at the level where it is status of the species in the identified range. However, applying the SPR considered to be in danger of extinction. portions first. In the case of the giant Policy, we determined that the Indo- Rather, it means that the species would manta ray, we first examined whether Pacific and eastern Pacific portion of the be at a higher risk of extinction if, there were any portions of the range species’ range qualified as an SPR. In hypothetically, the members in the where the species is in danger of evaluating the extinction risk of the portion were no longer in existence and extinction (endangered) or likely to species within this portion, we took into providing contributions to the species become so in the foreseeable future consideration the demographic risks of than the species is currently. In fact, as (threatened) and, finding that there the species, the information on observed declines of the species in certain fishing already discussed, we concluded the were, we then evaluated whether those areas, and the factors under section species would likely become portions were ‘‘significant’’ under the 4(a)(1). However, we also noted that endangered within the foreseeable SPR Policy. We concluded that the there is considerable uncertainty future without that portion. species is threatened in the Indo-Pacific regarding the current abundance of M. and eastern Pacific portion of its range, Third, one of the commenters birostris throughout this portion, with and that this portion is ‘‘significant’’ presents an argument that the entire evidence that large subpopulations of under the SPR Policy. As previously species is in danger of extinction due to the species still exist, such as off explained, the best available the impairment of the species within the Mozambique and Ecuador. The information does not indicate that the SPR, and that we should therefore proposed rule also mentioned that species is presently in danger of conclude that the giant manta ray is in numbers of giant manta rays identified danger of extinction throughout the extinction within the SPR; and through citizen science in Thailand’s SPR. Specifically, the commenter states therefore, we disagree with the waters have been increasing over the that the species has experienced commenter that the species should be past few years, and actually surpass the declines in certain fishing hotspots or listed as endangered. estimate of identified giant mantas in aggregation areas and that ‘‘[t]he Lastly, the commenter makes Mozambique, possibly indicating that impairment of these portions of the assertions about the status of the species Thailand may be home to the largest species’ range increases the that are not supported in the record. aggregation of giant manta rays within vulnerability of the species to the Specifically, the commenter states: the Indian Ocean. Because neither threats it faces to the point that the ‘‘Under any reasonable reading of the commenter provided any new entire species is in danger of ESA, the rapid decline of individuals in information to consider regarding extinction.’’ The commenter thus asserts these areas and their likelihood of abundance, population declines, or that we should have concluded that the extinction in the foreseeable future threats in this SPR, our conclusion that giant manta ray is endangered in an would indicate that the species should the species is likely to become in danger SPR, and that we inappropriately be listed as endangered.’’ (Emphasis of extinction within the foreseeable reached a threatened status conclusion added.) The commenter’s assertions that future, and thus is threatened, within simply because the species is not the species is likely to become extinct the SPR remains the same, and, per the endangered in every part of its range. within the foreseeable future is not SPR Policy, we are listing it is as The commenter further states that if we supported in the record. We found that threatened throughout its range under list the species as threatened, it the best available scientific and the ESA. indicates that we only looked at the commercial information indicates that Comment 14: One commenter states worldwide decline and did not consider the species is likely to become that the intention to list the giant manta

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ray as threatened is unwarranted due to species’ status throughout its entire because fishermen will be able to an almost complete lack of scientific range, we conclude that it is unlikely continue to target the giant manta ray evidence. The commenter notes that that overutilization as a result of and pass off the gill plates as reef manta there is no conclusive threat in North bycatch mortality is a significant threat rays. Additionally, the commenter American waters, and that the to the species in the Atlantic Ocean; contends that listing the reef manta ray threatened conclusion is based on one however, we caveat this statement with will ‘‘substantially facilitate the article in the literature. The commenter the fact that information is severely enforcement and further the policy’’ of further goes on to state that there are no lacking on population sizes and the ESA because it will allow the giant fisheries for manta rays in North distribution of M. birostris in the manta ray population to increase and American waters or evidence of the Atlantic as well as current catch and deter fishermen from catching them due species being overfished in U.S. waters, fishing effort on the species throughout to the higher likelihood that they will be and notes that manta rays are protected this portion of its range. However, as caught by law enforcement. The from direct fishing pressure in Mexico, noted in our response to Comment 10, commenter concludes that the reef Brazil, and Florida and are listed on in conducting the SPR analysis, we manta ray must also be protected under Appendix II of the Convention on found that even minimal targeted the ESA to avoid misidentification of International Trade in Endangered fishing of the species by artisanal the manta ray gill plates and to Species of Wild Fauna and Flora fishermen and bycatch mortality from discourage fishermen from disregarding (CITES). the purse seine, trawl, and longline the species of manta ray that they catch. Response: We disagree with the fisheries operating in the Atlantic would Response: Section 4 of the ESA (16 commenter that the listing of the giant become significant contributing factors U.S.C. 1533(e)) provides that the manta ray as threatened is unwarranted. to the extinction risk of the species if Secretary may, by regulation of We also disagree that our conclusion the species was extirpated within the commerce or taking, and to the extent was based on one article in the SPR, which would place the species in he deems advisable, treat any species as literature. As noted in the proposed danger of extinction within the an endangered or threatened species rule, we considered the best available foreseeable future throughout its range. even though it is not listed pursuant to scientific and commercial information Section 4 of the ESA when the following including the petition, public comments Comments on Similarity of Appearance three conditions are satisfied: (1) Such submitted on the 90-day finding (81 FR Listing species so closely resembles in 8874; February 23, 2016), the draft Comment 15: Two commenters stated appearance, at the point in question, a status review report (Miller and that when NMFS finalizes its decision species which has been listed pursuant Klimovich 2016), and other published on the giant manta ray, it should also to Section 4 of the ESA that enforcement and unpublished information, and have ‘‘list’’ the reef manta ray under the personnel would have substantial consulted with species experts and similarity of appearance provision in difficulty differentiating between the individuals familiar with manta rays to the ESA. One of the commenters notes listed and unlisted species; (2) the effect come to our determination. Based on the that both species are morphologically of this substantial difficulty is an available data, we concluded that the similar and that products from the giant additional threat to an endangered or giant manta ray is not in danger of and reef manta rays are practically threatened species; and (3) such extinction or likely to become so impossible to distinguish in the treatment of an unlisted species will throughout its entire range, but is international trade market (citing Wu substantially facilitate the enforcement threatened within an SPR. As 2016). and further the policy of the ESA (16 thoroughly discussed in the proposed The other commenter notes the U.S.C. 1533(e)(A)–(C)). rule and status review, the giant manta exponential demand for manta ray gill In terms of the similarity of ray faces concentrated threats within the plates in the trade and argues that the appearance of the gill plates assertion by SPR, with estimated take of the species gill plates in all nine species of manta the commenter, we first note that there frequently greater than the observed rays look ‘‘almost identical.’’ The are not nine species of manta rays, as individuals in the area and evidence of commenter further states that once a stated by one of the commenters, but declines in sightings and landings of the manta ray gill plate has been removed nine species of mobula rays. Manta rays species of up to 95 percent in some and dried, it is ‘‘almost impossible’’ to are currently split into two species. We places. Efforts to address overutilization identify it to species. The commenter assume that the commenter was also of the species through regulatory asserts that release of the ‘‘Field referring to mobula rays in their measures are inadequate within the Identification Guide of the Prebranchial statement that ‘‘all nine species of SPR, with targeted fishing of the species Appendages (Gill Plates) of Mobulid manta rays look almost identical.’’ despite prohibitions and bycatch Rays for Law Enforcement and Trade Furthermore, the Manta Trust field measures. Based on the demographic Monitoring Applications’’ by the Manta identification guide cited by the risks and threats to the species within Trust non-profit (Manta Trust 2011) was commenter (Manta Trust 2011) the SPR, we determined that the species evidence of ‘‘how difficult it is for law explicitly states that ‘‘[g]ill plates from is likely to become in danger of enforcement to distinguish between the two species of manta rays can be extinction within the foreseeable future each species gill plates’’ and that this is visually identified from the other throughout the SPR. an ‘‘extremely difficult task.’’ The species.’’ The guide explains that if the We do not posit that that there are commenter further goes on to state that gill plate size is larger than 30 cm, is fisheries for manta rays in North law enforcement will also be unable to uniform brown or black in color, and American waters, or that the species is use capture locations or depths to help has smooth filament edgings, then it being overfished in U.S. waters. As the determine the species of manta ray belongs to a manta species (Manta Trust final status review (Miller and because they inhabit an overlapping 2011). The guide concludes that ‘‘Manta Klimovich 2017) and proposed rule range of habitat. The commenter ray gill plates can easily be state, manta rays are observed as contends that the difficulty in distinguished from the traded mobula bycatch in the purse seine, trawl, and distinguishing between the reef and ray species’ gill plates using this simple longline fisheries operating in the giant manta ray gill plates is an visual ID Guide. The size, colour Atlantic Ocean. In our analysis of the additional threat to the giant manta ray patterning, and filament edging of the

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gill plates can be used as an effective posterior edges of its pectoral fins with this task to the extent that and easy indicator to determine the (Marshall et al. 2009). In contrast, the necessitates treating the reef manta ray species of orgin [sic]’’ (Manta Trust chevron M. alfredi has a white to light as a listed species to further the 2011). Based on this new information, grey mouth, dark spots that are typically conservation of the giant manta ray we do not find that enforcement located in the middle of the abdomen, under the ESA. Ultimately, given the officials will have difficulty identifying in between the five gill slits, and dark threats to the species as discussed in the manta ray gill plates from other mobula colored bands on the posterior edges of final status review (Miller and ray gill plates. the pectoral fins that only stretch mid- Klimovich 2017) and proposed rule, any In terms of identifying manta ray gill way down to the fin tip (Marshall et al. conservation actions for giant manta ray plates to species level, the information 2009). Additionally, only M. birostris that would bring it to the point that the provided by the commenters did not has a caudal thorn and prominent measures of the ESA are no longer discuss this issue, nor do we have dermal denticles that gives their skin a necessary will need to be implemented information available in our files that much rougher appearance than that of by foreign nations. would allow us to conclude that M. alfredi (Marshall et al. 2009). Based For the reasons above, we do not find enforcement personnel would have on these distinguishing characteristics, it advisable to further regulate the substantial difficulty in attempting to we do not find that enforcement commerce or taking of the reef manta differentiate between the two manta ray personnel would have substantial ray by treating it as a threatened species species. Additionally, even if these difficulty in attempting to differentiate based on similarity of appearance to the products from the two species closely between the giant and reef manta ray giant manta ray. resemble each other in appearance, we species in the bycatch of U.S. fisheries. Comments on Establishing Protective do not find that this resemblance poses Furthermore, we note that the reef Regulations Under Section 4(d) of the an additional threat to the giant manta manta ray does not occur in the Atlantic ESA ray, nor do we find that treating the reef Ocean, so any manta rays caught by U.S. manta ray as an endangered or fisheries in this portion of the giant Comment 16: Two commenters threatened species will substantially manta ray range would easily be requested that we consider not issuing facilitate the enforcement of current identified as M. birostris. protective regulations pursuant to ESA prohibitions or further the policy of Regarding trade, the main threat to the section 4(d) of the ESA as U.S. fisheries the ESA, for the reasons explained giant manta ray is the international are not contributing significantly to the below. mobulid gill plate trade. As stated in the primary threat of overutilization of the As described in the proposed rule, the status review and proposed rule, since giant manta ray. One of the commenters significant operative threats to the giant the 1990s, the gill plate market has noted that there are no directed fisheries manta ray are overutilization by foreign significantly expanded, which has for giant manta rays in the U.S. Western commercial and artisanal fisheries in an increased the demand for manta ray Pacific Region, and incidental catches SPR (i.e., the Indo-Pacific and Eastern products, particularly in China. These are rare. Additionally, the commenter Pacific) and inadequate regulatory gill plates are used in Asian medicine pointed out that we considered the mechanisms in foreign nations to and are thought to have healing impact on the giant manta ray from the protect these manta rays from the heavy properties. However, as noted in the Hawaii-based longline and American fishing pressure and related mortality in final status review (Miller and Samoa longline fisheries to be minimal. these waters outside of U.S. jurisdiction. Klimovich 2017) and proposed rule, Similarly, the other commenter asserted In fact, the take and trade of the species Indonesia, Sri Lanka, and India that the Hawaii-based commercial by persons under U.S. jurisdiction were presently represent the largest manta ray longline fisheries pose no risk to the not identified as significant threats to exporting range state countries, with giant manta ray and, therefore, the giant manta ray. As such, we do not Chinese gill plate vendors also reporting application of the take prohibition to find that treating the reef manta ray as mobulid gill plates from other regions as these fisheries is not necessary or a threatened species would substantially well, including Malaysia, China, advisable for the conservation of the further the conservation of the giant Taiwan, Vietnam, South Africa, species. Another commenter urged manta ray under the ESA. Thailand, Australia, Philippines, NMFS to consider exempting a very Regarding the potential take of giant Mexico, South America (e.g., Brazil), the small number of giant manta rays for manta rays by U.S. fishermen, which is Middle East, and the South China Sea collection for public aquarium display. primarily in the form of bycatch in U.S. (CMS 2014; Hau et al. 2016; O’Malley et In contrast, one commenter urged fisheries, we do not find that the reef al. 2017). We found no information to NMFS to promulgate a section 4(d) rule manta ray so closely resembles the giant indicate that the United States has a to make it unlawful to take a giant manta ray in appearance such that significant, or even any, presence in the manta ray, especially for its gill plate. enforcement personnel would not be international mobulid gill plate trade. Additionally, the commenter stated that able to differentiate between these two Additionally, and as explained in the the rule should prohibit the trade or sale species when caught or landed. In fact, Protective Regulations Under Section of manta ray gill plates in the United as noted in the status review, many 4(d) of the ESA section below, because States and also include habitat physical characteristics, including we find that the United States is not a protection to ensure ecosystems that coloration, dentition, denticles, spine significant contributor to the threats giant manta rays depend on remain morphology, and size, can be used to facing the giant manta ray, we have intact. Similarly, another commenter distinguish between the giant manta ray determined that protective regulations formally petitioned NMFS under the and the reef manta ray. For example, the pursuant to section 4(d) are not Administrative Procedure Act (APA), 5 chevron color variant of M. birostris can currently necessary and advisable for U.S.C. 553(e), to extend the ESA section be distinguished from the chevron M. the conservation of the species. 9(a) prohibitions to giant manta rays. alfredi color type by its dark (black to Therefore, even if there may be some Response: Under the ESA, if a species charcoal grey) mouth coloration, degree of difficulty in differentiating is listed as endangered, the ESA section medium to large black spots that occur reef manta rays and giant manta rays, or 9 prohibitions automatically apply and below its fifth gill slits, and a grey V- their gill plates, we do not find that U.S. any ‘‘take’’ of, or trade in, the species is shaped colored margin along the enforcement personnel will be faced illegal, subject to certain exceptions. In

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the case of a species listed as management considerations or Habitat section for additional threatened, section 4(d) of the ESA gives protection; and (2) specific areas outside information.) However, public input on the Secretary discretion to implement the geographical area occupied by a features and areas in U.S. waters that protective measures the Secretary deems species at the time it is listed upon a may meet the definition of critical necessary and advisable for the determination that such areas are habitat for the giant manta ray is conservation of species. Therefore, for essential for the conservation of the invited. Additional details about any species listed as threatened, we can species. specific types of information sought are impose any or all of the section 9 In the proposed rule to list the giant provided in the Information Solicited prohibitions if we determine such manta ray (82 FR 3694; January 12, section later in this document. Input measures are necessary and advisable 2017), we requested information may be sent to the Office of Protected for the conservation of the species. describing the quality and extent of Resources in Silver Spring, Maryland However, after a review of the threats habitats for the giant manta ray, as well (see ADDRESSES). Information received and needs of the giant manta ray, we as information on areas that may qualify will be considered in evaluating have determined that protective as critical habitat for the species in U.S. potential critical habitat for this species. regulations pursuant to section 4(d) are waters. We stated that specific areas that not currently necessary and advisable include the physical and biological Comments on Development of a for the conservation of the species. The features essential to the conservation of Recovery Plan basis for this determination is provided the species, where such features may Comment 18: One commenter noted in detail in the Protective Regulations require special management that NMFS should develop a Under Section 4(d) of the ESA section considerations or protection, should be comprehensive recovery plan following below; please see that section for more identified. While the commenters the ESA listing of the giant manta ray. information. provided the general locations of known Response: Once a species is listed as giant manta ray aggregation areas within Comments on Designating of Critical threatened or endangered, section 4(f) of the U.S. Gulf of Mexico, and a potential Habitat the ESA generally requires that we aggregation area off the U.S. east coast, Comment 17: Two commenters stated develop and implement recovery plans the commenters did not provide, nor do that must, to the maximum extent that NMFS should designate critical we have, any information on the habitat in U.S. waters concurrently with practicable, identify objective, physical or biological features of these measurable criteria which, when met, the final listing. One commenter states sites that might make these aggregation would result in a determination that the that these areas should include areas essential to the conservation of the species may be removed from the list. aggregation sites along the west coast of species. Additionally, the commenters Development of a recovery plan will be the United States and the Pacific Trust provided no information on specific considered through a separate effort Territories (the Marianas, the Carolines, areas that may meet the definition of subsequent to this rulemaking. and the Marshalls Island groups), the critical habitat within the other east coast of the United States, the locations that they listed. We also note Comments on the ‘‘Not Warranted’’ coasts of Hawaii, and anywhere else the that critical habitat shall not be Final Determination for the Reef Manta species lives in U.S. waters. The designated in foreign countries or other Ray commenter notes that there are at least areas outside U.S. jurisdiction (50 CFR two known aggregation sites that should 424.12(g)); and, therefore, we cannot The Federal Register document be designated with the final listing: The designate critical habitat in the waters of announcing the 12-month finding on the area within and surrounding the Flower the commenter’s requested Pacific Trust petition to list giant and reef manta rays Garden Banks National Marine Territories, specifically the Republic of under the ESA (82 FR 3694; January 12, Sanctuary, and a site off the coast of St. the Marshall Islands, Federated States of 2017) solicited public comments only Augustine, Florida. Similarly, the other Micronesia, or the Republic of Palau. on the proposal to list the giant manta commenter also mentions that giant We received no other information ray as a threatened species. However, manta rays often use the Flower regarding critical habitat from public we also received a few comments from Gardens Banks National Marine comments. After reviewing the one commenter concerning the final 12- Sanctuary and may also aggregate off the comments provided and the best month ‘‘not warranted’’ determination east coast of South Florida. available scientific information, we for the reef manta ray. Although that Response: Section 4(a)(3)(a) of the conclude that critical habitat is not determination is a final agency action ESA (16 U.S.C. 1533(a)(3)(A)) requires determinable at this time because data and thus not subject to public comment that, to the extent prudent and sufficient to perform the required or an obligation to respond to such determinable, critical habitat be analyses are lacking. Specifically, we comment, we nevertheless reviewed the designated concurrently with the listing find that sufficient information is not comments on the 12-month ‘‘not of a species. However, if critical habitat currently available to: (1) Identify the warranted’’ determination and take this of such species is not then physical and biological features opportunity to provide responses for determinable, the Secretary may extend essential to conservation of the species additional clarity below. the time period for designation by one at an appropriate level of specificity, Comment 19: The commenter stated additional year (16 U.S.C. particularly given the uncertainty that the SPR analysis was inadequate, 1533(b)(6)(C)(ii); 50 CFR 424.17(b)). surrounding the species’ life history and that NMFS did not identify any Critical habitat is defined in section 3 characteristics (e.g., pupping and portion of the range as biologically of the ESA (16 U.S.C. 1532(3)) as: (1) nursery grounds remain unknown) and significant to determine whether the The specific areas within the migratory movements, (2) determine the reef manta ray may be in danger of geographical area occupied by a species, specific geographical areas that contain extinction in that portion now or in the at the time it is listed in accordance the physical and biological features foreseeable future. Thus, the commenter with the ESA, on which are found those essential to conservation of the species, asserts that NMFS relied on an physical or biological features (a) particularly given the global range of the inadequate SPR analysis to conclude essential to the conservation of the species, and (3) assess the impacts of the that the risk of extinction is low species and (b) that may require special designation. (See also the Critical throughout the species’ entire range.

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Response: We disagree with the provide any new information regarding Secretary determines it is advisable to commenter regarding the adequacy of these portions or their significance do so. We disagree with the the SPR analysis. As discussed above, under the SPR Policy. As such, we find commenter’s request to apply this the SPR Policy explains that, after that our SPR analysis was adequate. provision to the reef manta ray and identifying any portions that warrant Comment 20: The commenter stated address this issue more fully in our further consideration, depending on the that we did not analyze any potential response to Comment 15. With regard to particular facts of the situation, NMFS DPSs for reef manta rays and suggests reconsidering the listing of the reef may find it is more efficient to address that the reef manta ray population in the manta ray under the APA, we do not the question of whether any identified Indo-Pacific may comprise a potential find the requested action to be portions are ‘‘significant’’ first, but in SPR and DPS. warranted at this time. In making our other cases it will make more sense to Response: The commenter did not 12-month finding that the reef manta ray examine the status of the species in the provide any species-specific does not warrant listing, we considered identified portions first. In the case of information to indicate that potential the best available information on the the reef manta ray, we chose to look at DPSs of reef manta rays exist, nor do we species’ biology, ecology, life history, the second issue first; that is, we first have any such information. We are not threats, and demographic risks to considered whether the species is in required to consider listing DPSs of a determine the species’ overall risk of species unless we are petitioned to danger of extinction, or likely to become extinction. The commenter did not evaluate a specific population or so in the foreseeable future, in any provide any new information to populations for listing as a DPS(s), and particular portion of its range. We found consider in support of their request, the petitioner has provided substantial that in waters off Mozambique and the and, as such, our conclusion remains information that the population(s) may Philippines, M. alfredi has suffered the same. We would also like to note be warranted for listing as DPS(s). that petitions for listing species under declines from targeted fishing, with this Furthermore, as stated in the DPS overutilization likely causing the the ESA (including reconsiderations) Policy, Congress instructed the Services must follow the implementing members in this portion to experience a that listing of DPSs is to be done higher risk of extinction relative to the regulations issued jointly by the sparingly and only when the biological Services at 50 CFR 424.14. species overall. Additionally, we evidence supports such a listing (61 FR identified waters off Indonesia, Papua 4722; February 7, 1996). In the status Summary of Changes From the New Guinea, and Kiribati as portions of review, we state that additional studies Proposed Listing Rule the species range where the species is (including genetic sampling) are needed We did not receive, nor did we find, likely at higher risk of extinction to better understand the population data or references that presented relative to the species overall, due to structure of the species throughout its substantial new information that would concentrated threats. Having concluded range (particularly given the cause us to change our proposed listing the species is likely at higher risk than uncertainties in the species’ range, determination. We did, however, make the overall species in these portions (but habitat use, and life history several revisions to the final status without reaching the point of characteristics), indicating a lack of review report (Miller and Klimovich definitively concluding that the species available data that may provide insight 2017) to incorporate, as appropriate, is threatened or endangered there for the into the ‘‘discreteness’’ or ‘‘significance’’ relevant information received in time being), we moved on to the second of populations under the DPS Policy. response to our request for public part of the SPR analysis, which requires We also note that the commenter did comments and information we collected us to determine whether any of these not provide any species-specific after publication of the proposed rule. portions meet the SPR Policy’s test of information to support the suggestion Specifically, we updated the status ‘‘significant.’’ Again, as stated in the that the reef manta ray population in the review to include new information proposed rule, we found that the Indo-Pacific may comprise a potential regarding: The seasonal occurrence of hypothetical loss of the members of the SPR and DPS. Under the SPR Policy, if manta rays off the northern Yucatan species within any or all of these a species is found to be endangered or peninsula (Hacohen-Domene´ et al. portions would not put the entire threatened throughout a significant 2017), the diet and trophic levels of the species in danger of extinction portion of its range, and the two manta ray species (Couturier et al. throughout all of its range now or in the population(s) in that significant portion 2013; Burgess et al. 2016; Rohner et al. foreseeable future. This is because the is a valid DPS, we will list the DPS 2017a; Stewart et al. 2017), life history remaining populations, which include rather than the entire taxonomic species parameters for M. birostris (Nair et al. some of the largest identified M. alfredi or subspecies. However, because we did 2015; Rohner et al. 2017a), personal populations, benefit from national not identify any SPRs for reef manta observations (F. Young, pers. comm. protections that prevent overutilization rays, there was no basis for evaluating 2017) and estimates of manta rays off of the species and are not showing whether any SPRs were DPSs. the east coast of Florida (Kendall 2010), evidence of decline. Because we did not Comment 21: The commenter asserted time-series analysis of manta ray have any evidence to establish that the that if we list the giant manta ray under sightings off Mozambique (Rohner et al. loss of animals in any or all of the at- the ESA, then we must also propose to 2017b), gill plate market prices and risk portions would place the entire ‘‘list’’ the reef manta ray pursuant to the trends (Hau et al. 2016; O’Malley et al. species in danger of extinction now or ESA’s similarity of appearance 2017), landings of mobula rays in India in the foreseeable future, there was no provision. The commenter stated that (Nair et al. 2015; Zacharia et al. 2017), basis to conclude any of the potentially they are petitioning NMFS to reconsider landings of manta rays off New Zealand at-risk portions were ‘‘significant.’’ listing the reef manta ray under the ESA (Jones and Francis 2017), landings of Because the ‘‘significance’’ prong of the under the APA, 5 U.S.C. 553(e). manta rays off Peru (Alfaro-Cordova et analysis was not met, it was Response: The similarity of al. 2017), bycatch (NMFS 2016) and unnecessary to continue to evaluate appearance provision of the ESA allows CPUE (Western Pacific Regional whether the species may be threatened the Secretary to treat non-listed species Fisheries Management Council pers. or endangered in those portions. We as if they were listed species, if certain comm. 2017, citing NMFS Pacific also note that the commenter did not conditions are met and to the extent the Islands Observer Program unpublished

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data) of manta rays in U.S. fisheries, information, discussion, and peer reviewers, public comments, and longline effort in the Pacific (Williams conclusions regarding the factors information that has become available and Terawasi 2016), manta ray catch affecting the giant manta ray contained since the publication of the proposed and bycatch data in the eastern Pacific in the final status review report (Miller rule (82 FR 3694; January 12, 2017). (Hall and Roman 2013; IATTC 2016), and Klimovich 2017) and the proposed None of the information received since and PSA results for giant manta rays in rule is reaffirmed in this final action. publication of the proposed rule altered the eastern Pacific Ocean (Duffy and our analyses or conclusions that led to Extinction Risk Griffiths 2017). As noted above, with our determination for the giant manta more detailed discussion in many of the As discussed previously, the status ray. Therefore, the determination in the previous comment responses, review evaluated the demographic risks proposed rule is reaffirmed in this final consideration of this new information to the giant manta ray according to four rule and stated below. did not alter any conclusions (and in categories—abundance and trends, Based on the best available scientific some cases further supported our population growth/productivity, spatial and commercial information, and after conclusions) regarding the threat structure/connectivity, and genetic considering efforts being made to assessment or extinction risk analysis diversity. As a concluding step, after protect M. birostris, we find that the for either manta ray species. Thus, the considering all of the available giant manta ray is not currently conclusions contained in the status information regarding demographic and endangered or threatened throughout its review and determinations based on other threats to the species, we rated the range. However, the giant manta ray is those conclusions in the proposed rule species’ extinction risk according to a likely to become an endangered species are reaffirmed in this final action. qualitative scale (high, moderate, and within the foreseeable future throughout low risk). The information received a significant portion of its range (the Species Determination from public comments on the proposed Indo-Pacific and eastern Pacific We are aware that a recent taxonomic rule, as well as new information we portion). This portion satisfies the test study has suggested that Manta birostris collected since publication of the for ‘‘significance’’ from the SPR Policy and Manta alfredi may actually be proposed rule, was either already because, without the members in that closely related to the Chilean devil ray considered in our analysis, was not portion, the species would be likely to (Mobula tarapacana), with genetic substantial or relevant, or was become in danger of extinction in the analyses that demonstrate support for consistent with or reinforced foreseeable future throughout all of its nesting these species under the genus information in the status review report range. For the reasons discussed in the Mobula rather than Manta (White et al. and proposed rule, and thus, did not proposed rule, we do not find that this 2017). However, we note that the study affect our extinction risk evaluation for significant portion meets the criteria of still recognized both manta rays as the giant manta ray. Our conclusion a DPS. Therefore, we have determined distinct species (but referred to them as regarding the extinction risk for the that the giant manta ray meets the Mobula birostris and Mobula alfredi). giant manta ray remains the same. definition of a threatened species and, Until the genus name change is formally Therefore, all of the information, per the SPR Policy, list it is as such accepted by the scientific community, discussion, and conclusions on the throughout its range under the ESA. we continue to recognize Manta extinction risk of the giant manta ray Effects of Listing birostris as a species under the genus contained in the final status review Manta. As such, we consider Manta report and the proposed rule is Conservation measures provided for birostris to be a taxonomically-distinct reaffirmed in this final action. species listed as endangered or species that meets the definition of threatened under the ESA include ‘‘species’’ pursuant to section 3 of the Protective Efforts recovery actions (16 U.S.C. 1533(f)); ESA and is eligible for listing under the In addition to regulatory mechanisms Federal agency requirements to consult ESA. (considered under ESA section with NMFS under section 7 of the ESA 4(a)(1)(D)), we considered other efforts to ensure their actions are not likely to Summary of ESA Section 4(a)(1) being made to protect giant manta rays jeopardize the species or result in Factors Affecting the Giant Manta Ray (pursuant to ESA section 4(b)(1)(A)). We adverse modification or destruction of As stated previously and as discussed considered whether such protective critical habitat should it be designated in the proposed rule (82 FR 3694; efforts sufficiently ameliorated the (16 U.S.C. 1536); designation of critical January 12, 2017), we considered identified threats to the point that they habitat, if prudent and determinable (16 whether any one or a combination of the would alter the conclusions of the U.S.C. 1533(a)(3)(A)); and prohibitions five threat factors specified in section extinction risk analysis for the species. on taking and certain other activities (16 4(a)(1) of the ESA are contributing to the None of the information we received on U.S.C. 1538, 1533(d)). In addition, extinction risk of the giant manta ray the proposed rule affected our recognition of the species’ imperiled and result in the species meeting the conclusions regarding conservation status through listing promotes definition of ‘‘endangered species’’ or efforts to protect the giant manta ray. conservation actions by Federal and ‘‘threatened species.’’ The comments Thus, all of the information, discussion, State agencies, foreign entities, private that we received on the proposed rule, and conclusions on the protective groups, and individuals. as well as new information we collected efforts for the giant manta ray contained Identifying Section 7 Conference and since publication of the proposed rule, in the final status review report and Consultation Requirements provided information that was either proposed rule are reaffirmed in this already considered in our analysis, was final action. Section 7(a)(2) (16 U.S.C. 1536(a)(2)) not substantial or relevant, or was of the ESA and NMFS/USFWS consistent with or reinforced Final Determination regulations (50 CFR part 402) require information in the status review and We have reviewed the best available Federal agencies to consult with us to proposed rule, and thus, did not change scientific and commercial information, ensure that activities they authorize, our conclusions regarding any of the including the petition, the information fund, or carry out are not likely to section 4(a)(1) factors or their in the final status review report (Miller jeopardize the continued existence of interactions. Therefore, all of the and Klimovich 2017), the comments of listed species or destroy or adversely

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modify critical habitat. Our section 7 specific geographical areas that contain vessels are prohibited from retaining on regulations require the responsible the physical and biological features board, transshipping, landing, storing, Federal agency to initiate formal essential to conservation of the species, selling, or offering for sale any part or consultation if a Federal action may particularly given the global range of the whole carcass of a mobulid ray caught affect a listed species or its critical species, and (3) assess the impacts of the by vessel owners or operators in the habitat (50 CFR 402.14(a)). Examples of designation. Therefore, public input on IATTC Convention Area (81 FR 50401, Federal actions that may affect the giant features and areas in U.S. waters that August 1, 2016). The state of Hawaii manta ray include: Fishery harvest and may meet the definition of critical prohibits any person from knowingly management practices, military habitat for the giant manta ray is capturing or killing a manta ray within activities, alternative energy projects, invited. Additional details about state marine waters (HI Rev Stat 188– dredging in known giant manta ray specific types of information sought are 39.5 (2016)), and in Florida, it is illegal aggregation sites (e.g., observed feeding provided in the Information Solicited to harvest, possess, land, purchase, sell, and cleaning sites), point and non-point section later in this document. Input or exchange any or any part of species source discharge of persistent may be sent to the Office of Protected of the genus Manta and Mobula in state contaminants in known giant manta ray Resources in Silver Spring, Maryland waters (FL Admin Code 68B–44.008). In aggregation sites, toxic waste and other (see ADDRESSES). Please note that we are Guam, it is unlawful for any person to pollutant disposal in known giant manta not required to respond to any input possess, sell, offer for sale, take, ray aggregation sites, and shoreline provided on this matter. purchase, barter, transport, export, development in known giant manta ray import, trade or distribute ray parts Protective Regulations Under Section aggregation sites. (including manta rays), unless for 4(d) of the ESA subsistence, traditional, or cultural Critical Habitat We are listing the giant manta ray sharing purposes (Article 1, Chapter 63 Critical habitat is defined in section 3 (Manta birostris) as a threatened species. of Title 5, Guam Code Annotated, Sec. of the ESA (16 U.S.C. 1532(5)) as: (1) In the case of threatened species, ESA 63114.2), and in the Commonwealth of The specific areas within the section 4(d) gives the Secretary the Northern Mariana Islands, it is geographical area occupied by a species, discretion to determine whether, and to illegal to feed, take, possess, sell, at the time it is listed in accordance what extent, to extend the prohibitions purchase, barter, offer to sell, purchase with the ESA, on which are found those of section 9(a)(1) of the ESA (16 U.S.C. or barter, transport, export or import, physical or biological features (a) 1538(a)(1)) to the species, and any ray (including manta rays), alive or essential to the conservation of the authorizes us to issue regulations dead, or any part thereof (Pub. L. 15– species and (b) that may require special necessary and advisable for the 124). Additionally, as noted in the final management considerations or conservation of the species. We have status review report (Miller and protection; and (2) specific areas outside evaluated the needs of and threats to the Klimovich 2017), established Marine the geographical area occupied by a giant manta ray and have determined Protected Areas (MPAs) that limit or species at the time it is listed upon a that protective regulations pursuant to prohibit fishing also exist that cover determination that such areas are section 4(d) are not currently necessary areas with observed giant manta ray essential for the conservation of the and advisable for the conservation of the presence, including off Guam (Tumon species. ‘‘Conservation’’ means the use species. Bay Marine Preserve), within the Gulf of of all methods and procedures needed As described in the proposed rule, the Mexico (Flower Garden Banks National to bring the species to the point at significant operative threats to the giant Marine Sanctuary), and in the Central which listing under the ESA is no manta ray are overutilization by foreign Pacific Ocean (Pacific Remote Islands longer necessary. 16 U.S.C. 1532(3). commercial and artisanal fisheries in a Marine National Monument). Section 4(a)(3)(A) of the ESA (16 U.S.C. significant portion of its range (i.e., the Overall, current management 1533(a)(3)(A)) requires that, to the Indo-Pacific and eastern Pacific) and measures that are in place for fishermen maximum extent prudent and inadequate regulatory mechanisms in under U.S. jurisdiction appear to determinable, critical habitat be foreign nations to protect these manta directly and indirectly contribute to the designated concurrently with the listing rays from the heavy fishing pressure and infrequency of interactions between of a species. Designations of critical related mortality in these waters outside U.S. fishing activities and the habitat must be based on the best of U.S. jurisdiction. The take and trade threatened giant manta ray. As such, we scientific data available and must take of the species by persons under U.S. do not believe these activities are into consideration the economic, jurisdiction were not identified as contributing significantly to the national security, and other relevant significant threats to the giant manta identified threats of overutilization and impacts of specifying any particular area ray. inadequate regulatory measures. We, as critical habitat. Regarding potential take, as stated in therefore, do not find that developing At this time, we find that critical the proposed rule, giant manta rays may regulations under section 4(d) to habitat for the giant manta ray is not be caught as bycatch in U.S. fisheries; prohibit some or all of these activities is determinable because data sufficient to however, given the rarity of the species necessary and advisable (considering perform the required analyses are in the U.S. bycatch data, current levels the U.S. interaction with the species is lacking. Specifically, we find that were found to be negligible and negligible and its moderate risk of sufficient information is not currently determined to only have a minimal extinction is primarily a result of threats available to: (1) Identify the physical impact on the status of the giant manta from foreign fishing activities). and biological features essential to ray. Furthermore, in many portions of Additionally, as mentioned in the conservation of the species at an the species’ range, and particularly in status review and proposed rule, manta appropriate level of specificity, the SPR, current U.S. fishery regulations rays were included on Appendix II of particularly given the uncertainty as well as U.S. state and territory CITES at the 16 Conference of the CITES regarding habitats required to support regulations prohibit the retention of Parties in March 2013, with the listing its life history (e.g., pupping and manta rays by persons under U.S. going into effect on September 14, 2014. nursery grounds remain unknown) and jurisdiction. For example, in the eastern Export of manta rays and manta ray migratory movements, (2) determine the Pacific Ocean, U.S. commercial fishing products, such as gill plates, require

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CITES permits that ensure the products critical habitat within waters under U.S. potential peer reviewers for a proposed were legally acquired and that the jurisdiction. critical habitat designation, including Scientific Authority of the State of Section 4(b)(2) of the ESA requires the persons with biological and economic export has advised that such export will Secretary to consider the ‘‘economic expertise relevant to the species, region, not be detrimental to the survival of that impact, impact on national security, and and designation of critical habitat. We species (after taking into account factors any other relevant impact’’ of solicit information from the public, such as its population status and trends, designating a particular area as critical other concerned governmental agencies, distribution, harvest, and other habitat. Section 4(b)(2) also gives the the scientific community, industry, or biological and ecological elements). Secretary discretion to consider any other interested party (see Although this CITES protection was not excluding from a critical habitat ADDRESSES). considered to be an action that designation any particular area where decreased the current listing status of the Secretary finds that the benefits of References the threatened giant manta ray (due to exclusion outweigh the benefits of A complete list of references used in its uncertain effects at reducing the including the area in the designation, this final rule is available upon request threats of foreign domestic unless excluding that area will result in (see ADDRESSES). overutilization and inadequate extinction of the species. For features regulations, and unknown post-release and areas potentially qualifying as Classification mortality rates from bycatch in critical habitat, we also request industrial fisheries), it may help address information describing: (1) Activities or National Environmental Policy Act other threats to the essential features or the threat of foreign overutilization for The 1982 amendments to the ESA, in the gill plate trade by ensuring that activities that could be affected by designating them as critical habitat; and section 4(b)(1)(A), restrict the international trade of this threatened information that may be considered species is sustainable. Regardless, (2) the positive and negative economic, when assessing species for listing. Based because the United States does not have national security and other relevant on this limitation of criteria for a listing a significant (or potentially any) impacts, including benefits to the decision and the opinion in Pacific presence in the international gill plate recovery of the species, likely to result Legal Foundation v. Andrus, 657 F. 2d trade, we have concluded that any if these areas are designated as critical 829 (6th Cir. 1981), NMFS has restrictions on U.S. trade of the giant habitat. We seek information regarding manta ray that are in addition to the the conservation benefits of designating concluded that ESA listing actions are CITES requirements are not necessary areas within waters under U.S. not subject to the environmental and advisable for the conservation of the jurisdiction as critical habitat. In assessment requirements of the National species. keeping with the guidance provided by Environmental Policy Act (NEPA). the Office of Management and Budget Therefore, because we find that the (2000; 2003), we seek information that Executive Order 12866, Regulatory United States is not a significant would allow the monetization of these Flexibility Act, and Paperwork contributor to the threats facing the effects to the extent possible, as well as Reduction Act giant manta ray, we have determined information on qualitative impacts to that protective regulations pursuant to As noted in the Conference Report on economic values. the 1982 amendments to the ESA, section 4(d) under the ESA are not Information reviewed may include, economic impacts cannot be considered currently necessary and advisable for but is not limited to: (1) Scientific or the conservation of the species. Any commercial publications; (2) when assessing the status of a species. conservation actions for the giant manta administrative reports, maps or other Therefore, the economic analysis ray that would bring it to the point that graphic materials; (3) information requirements of the Regulatory the measures of the ESA are no longer received from experts; and (4) Flexibility Act are not applicable to the necessary will ultimately need to be comments from interested parties. listing process. In addition, this final implemented by foreign nations. Comments and data are particularly rule is exempt from review under Executive Order 12866. This final rule Information Solicited sought concerning: (1) Maps and specific information describing the does not contain a collection-of- We request interested persons to amount, distribution, and use type (e.g., information requirement for the submit relevant information related to foraging or migration) of giant manta ray purposes of the Paperwork Reduction the identification of critical habitat of habitats, as well as any additional Act. the giant manta ray, including specific information on occupied and Executive Order 13771, Reducing areas within the geographical area unoccupied habitat areas; (2) the Regulation and Controlling Regulatory occupied by the species that include the reasons why any habitat should or Costs physical and biological features should not be determined to be critical essential to the conservation of the habitat as provided by sections 3(5)(A) This rule is not an E.O. 13771 species and where such features may and 4(b)(2) of the ESA; (3) information regulatory action because this rule is require special management regarding the benefits of designating exempt from review under E.O. 12866. considerations or protection. Areas particular areas as critical habitat; (4) outside the occupied geographical area current or planned activities in the areas Executive Order 13132, Federalism should also be identified if such areas that might be proposed for designation themselves are essential to the and their possible impacts; (5) any In accordance with E.O. 13132, we conservation of the species. ESA foreseeable economic or other potential determined that this final rule does not implementing regulations at 50 CFR impacts resulting from designation, and have significant Federalism effects and 424.12(g) specify that critical habitat in particular, any impacts on small that a Federalism assessment is not shall not be designated within foreign entities; (6) whether specific required. countries or in other areas outside of unoccupied areas may be essential to List of Subjects in 50 CFR Part 223 U.S. jurisdiction. Therefore, we request provide additional habitat areas for the information only on potential areas of conservation of the species; and (7) Endangered and threatened species.

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Dated: January 17, 2018. PART 223—THREATENED MARINE ■ 2. In § 223.102, amend the table in Samuel D. Rauch, III, AND ANADROMOUS SPECIES paragraph (e) by adding an entry for Deputy Assistant Administrator for ‘‘Ray, giant manta’’ in alphabetical order Regulatory Programs, National Marine ■ 1. The authority citation for part 223 under the ‘‘Fishes’’ subheading to read Fisheries Service. continues to read as follows: as follows: For the reasons set out in the Authority: 16 U.S.C. 1531–1543; subpart § 223.102 Enumeration of threatened preamble, 50 CFR part 223 is to be B, § 223.201–202 also issued under 16 U.S.C. marine and anadromous species. amended as follows: 1361 et seq.; 16 U.S.C. 5503(d) for * * * * * § 223.206(d)(9). (e) * * *

Species 1 Description of listed Citation(s) for listing determination(s) Critical habitat ESA rules Common name Scientific name entity

******* Fishes

******* Ray, giant manta ..... Manta birostris ...... Entire species ...... 83 FR [Insert Federal Register page NA NA where the document begins], 1/22/18.

******* 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).

* * * * * FOR FURTHER INFORMATION CONTACT: populations in its state waters. South [FR Doc. 2018–01031 Filed 1–19–18; 8:45 am] Frank Helies, 727–824–5305; email: Carolina closed its waters on January 10, BILLING CODE 3510–22–P [email protected]. 2018, to the harvest of brown, pink, and SUPPLEMENTARY INFORMATION: The white shrimp, and has requested that penaeid shrimp fishery of the South NMFS implement a concurrent closure DEPARTMENT OF COMMERCE Atlantic is managed under the Fishery of the EEZ off South Carolina. In Management Plan for the Shrimp accordance with the procedures National Oceanic and Atmospheric Fishery of the South Atlantic Region described in the FMP, the state of South Administration (FMP). The FMP was prepared by the Carolina submitted a letter to the NMFS South Atlantic Fishery Management Regional Administrator (RA) on January 50 CFR Part 622 Council (Council) and is implemented 10, 2018, requesting that NMFS close [Docket No. 120919470–3513–02] under the authority of the Magnuson- the EEZ adjacent to South Carolina to penaeid shrimp harvest as a result of RIN 0648–XF955 Stevens Fishery Conservation and Management Act (Magnuson-Stevens severe cold weather conditions. Fisheries of the Caribbean, Gulf of Act) by regulations at 50 CFR part 622. NMFS has determined that the Mexico, and South Atlantic; Shrimp Amendment 9 to the FMP revised the recommended Federal closure conforms Fishery Off the Southern Atlantic criteria and procedures by which a with the procedures and criteria States; Closure of the Penaeid Shrimp South Atlantic state may request a specified in the FMP and the Magnuson- Fishery Off South Carolina concurrent closure of the EEZ to the Stevens Act, and, therefore, implements harvest of penaeid shrimp when state the Federal closure effective 12:01 a.m., AGENCY: National Marine Fisheries waters close as a result of severe winter local time, January 17, 2018. The Service (NMFS), National Oceanic and weather (78 FR 35571, June 13, 2013). closure will be effective until the ending Atmospheric Administration (NOAA), Under 50 CFR 622.206(a), NMFS may date of the closure in South Carolina Commerce. close the EEZ adjacent to South Atlantic state waters, but may be ended earlier ACTION: Temporary rule; closure. states that have closed their waters to based on a request from the state. NMFS the harvest of brown, pink, and white will terminate the closure of the EEZ by SUMMARY: NMFS closes the exclusive shrimp to protect the white shrimp filing a notification to that effect with economic zone (EEZ) off South Carolina spawning stock that has been severely the Office of the Federal Register. in the South Atlantic to trawling for depleted by cold weather or when During the closure, as specified in 50 penaeid shrimp, i.e., brown, pink, and applicable state water temperatures are CFR 622.206(a)(2), no person may: (1) white shrimp. This closure is necessary 9 °C (48 °F), or less, for at least 7 Trawl for brown, pink, or white shrimp to protect the spawning stock of white consecutive days. Consistent with those in the EEZ off South Carolina; (2) shrimp that has been subject to procedures and criteria, the state of possess on board a fishing vessel brown, unusually cold weather conditions South Carolina has determined that pink, or white shrimp in or from the where state water temperatures have unusually cold temperatures have EEZ off South Carolina unless the vessel been 9 °C (48 °F), or less, for at least 7 occurred and that state water is in transit through the area and all nets consecutive days. temperatures have been 9 °C (48 °F), or with a mesh size of less than 4 inches DATES: The closure is effective January less, for at least 7 consecutive days and (10.2 cm), as measured between the 17, 2018, until the effective date of a that these cold weather conditions pose centers of opposite knots when pulled notification of opening which NOAA a risk to the condition and vulnerability taut, are stowed below deck; or (3) for will publish in the Federal Register. of overwintering white shrimp a vessel trawling within 25 nautical

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miles of the baseline from which the DEPARTMENT OF COMMERCE adjustment (82 FR 60329, December 20, territorial sea is measured, use or have 2017. on board a trawl net with a mesh size National Oceanic and Atmospheric The Administrator, Alaska Region, less than 4 inches (10.2 cm), as Administration NMFS, (Regional Administrator) has measured between the centers of determined that jig vessels will not be opposite knots when pulled taut. 50 CFR Part 679 able to harvest 1,400 mt of the A season [Docket No. 161020985–7181–02] apportionment of the 2018 Pacific cod Classification TAC allocated to those vessels under The Regional Administrator for the RIN 0648–XF948 § 679.20(a)(7)(ii)(A)(1). Therefore, in accordance with § 679.20(a)(7)(iv)(C), NMFS Southeast Region has determined Fisheries of the Exclusive Economic NMFS apportions 1,400 mt of Pacific this temporary rule is necessary for the Zone Off Alaska; Reallocation of cod from the A season jig gear conservation and management of the Pacific Cod in the Bering Sea and apportionment to the annual amount spawning stock of white shrimp off Aleutian Islands Management Area specified for catcher vessels less than 60 South Carolina and is consistent with AGENCY: National Marine Fisheries feet (18.3 m) LOA using hook-and-line the FMP, the Magnuson-Stevens Act or pot gear. and other applicable laws. Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), The harvest specifications for Pacific This action is taken under 50 CFR Commerce. cod included in final 2017 and 2018 622.206(a) and is exempt from review harvest specifications for groundfish in ACTION: Temporary rule; reallocation. under Executive Order 12866. the BSAI (82 FR 11826, February 27, These measures are exempt from the SUMMARY: NMFS is reallocating the 2017) and inseason adjustment (82 FR procedures of the Regulatory Flexibility projected unused amount of Pacific cod 60329, December 20, 2017) are revised Act because the temporary rule is issued from vessels using jig gear to catcher as follows: 129 mt to the A season apportionment and 1,149 mt to the without opportunity for prior notice and vessels less than 60 feet (18.3 meters) annual amount for vessels using jig gear, comment. length overall using hook-and-line or pot gear in the Bering Sea and Aleutian and 5,027 mt to catcher vessels less than This action responds to the best Islands management area. This action is 60 feet (18.3 m) LOA using hook-and- scientific information available recently necessary to allow the A season line or pot gear. obtained from the fishery. The Assistant apportionment of the 2018 total Classification Administrator for Fisheries, NOAA, allowable catch of Pacific cod to be (AA), finds that the need to immediately harvested. This action responds to the best implement this action to close the EEZ available information recently obtained DATES: off South Carolina to trawling for Effective January 17, 2018, from the fishery. The Assistant through 2400 hours, Alaska local time penaeid shrimp constitutes good cause Administrator for Fisheries, NOAA (A.l.t.), December 31, 2018. to waive the requirements to provide (AA), finds good cause to waive the prior notice and opportunity for public FOR FURTHER INFORMATION CONTACT: Josh requirement to provide prior notice and comment pursuant to the authority set Keaton, 907–586–7228. opportunity for public comment forth in 5 U.S.C. 553(b)(B), as such SUPPLEMENTARY INFORMATION: NMFS pursuant to the authority set forth at 5 procedures would be unnecessary manages the groundfish fishery in the U.S.C. 553(b)(B) as such requirement is because the rule itself has been subject Bering Sea and Aleutian Islands (BSAI) impracticable and contrary to the public to notice and comment, and all that according to the Fishery Management interest. This requirement is impracticable and contrary to the public remains is to notify the public of the Plan for Groundfish of the Bering Sea interest as it would prevent NMFS from closure. and Aleutian Islands Management Area (FMP) prepared by the North Pacific responding to the most recent fisheries Providing prior notice and Fishery Management Council under data in a timely fashion and would opportunity for public comment also is authority of the Magnuson-Stevens delay the reallocation of Pacific cod contrary to the public interest because Fishery Conservation and Management specified from jig vessels to catcher of the need to immediately implement Act. Regulations governing fishing by vessels less than 60 feet (18.3 m) LOA this action to protect the spawning stock U.S. vessels in accordance with the FMP using hook-and-line or pot gear. Since of white shrimp off South Carolina. appear at subpart H of 50 CFR part 600 the fishery is currently open, it is Prior notice and opportunity for public and 50 CFR part 679. important to immediately inform the comment would require time and would The A season apportionment of the industry as to the revised allocations. potentially further harm the spawning 2018 Pacific cod total allowable catch Immediate notification is necessary to stock that has been impacted due to (TAC) specified for vessels using jig gear allow for the orderly conduct and cold weather. in the BSAI is 1,529 metric tons (mt) as efficient operation of this fishery, to established by the final 2017 and 2018 allow the industry to plan for the fishing For the aforementioned reasons, the harvest specifications for groundfish in season, and to avoid potential AA also finds good cause to waive the the BSAI (82 FR 11826, February 27, disruption to the fishing fleet as well as 30-day delay in effectiveness of this 2017) and inseason adjustment (82 FR processors. NMFS was unable to action under 5 U.S.C. 553(d)(3). 60329, December 20, 2017). publish a notice providing time for Authority: 16 U.S.C. 1801 et seq. The 2018 Pacific cod TAC allocated to public comment because the most Dated: January 17, 2018. catcher vessels less than 60 feet (18.3 recent, relevant data only became meters(m)) length overall (LOA) using available as of January 11, 2018. Alan D. Risenhoover, hook-and-line or pot gear in the BSAI is The AA also finds good cause to Director, Office of Sustainable Fisheries, 3,627 mt as established by final 2017 waive the 30-day delay in the effective National Marine Fisheries Service. and 2018 harvest specifications for date of this action under 5 U.S.C. [FR Doc. 2018–01033 Filed 1–17–18; 4:15 pm] groundfish in the BSAI (82 FR 11826, 553(d)(3). This finding is based upon BILLING CODE 3510–22–P February 27, 2017) and inseason the reasons provided above for waiver of

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prior notice and opportunity for public This action is required by § 679.20 Dated: January 17, 2018. comment. and is exempt from review under Alan D. Risenhoover, Executive Order 12866. Director, Office of Sustainable Fisheries, Authority: 16 U.S.C. 1801 et seq. National Marine Fisheries Service. [FR Doc. 2018–01041 Filed 1–17–18; 4:15 pm] BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 83, No. 14

Monday, January 22, 2018

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: interior through exterior walls to the contains notices to the public of the proposed Hampton Newsome, Attorney, (202) outside.3 The Rule covers most types of issuance of rules and regulations. The 326–2889, Division of Enforcement, insulation marketed for use in purpose of these notices is to give interested Bureau of Consumer Protection, Federal residential structures.4 It does not cover persons an opportunity to participate in the Trade Commission, 600 Pennsylvania insulation marketed for use in rule making prior to the adoption of the final rules. Avenue NW, Washington, DC 20580. commercial (including industrial) SUPPLEMENTARY INFORMATION: buildings. In addition, it generally does not apply to non-insulation products I. Background FEDERAL TRADE COMMISSION with insulating characteristics, such as The Commission promulgated the R- storm windows or storm doors. 16 CFR Part 460 value Rule in 1979 to address the failure Home insulation falls into two basic of the home insulation marketplace to categories: ‘‘mass’’ and ‘‘reflective.’’ [RIN 3084–AB40] provide essential pre-purchase Mass insulations reduce heat transfer by information to consumers, primarily an conduction (through the insulation’s Labeling and Advertising of Home insulation product’s ‘‘R-value.’’ 1 An mass), convection (air movement Insulation: Trade Regulation Rule insulation product’s ‘‘R-value’’ rates the within, and through, the air spaces product’s ability to restrict heat flow inside the insulation), and radiation. AGENCY: Federal Trade Commission. and, therefore, reduce energy costs. The Reflective insulations (primarily ACTION: Proposed rule. higher the R-value, the better the aluminum foils) reduce heat transfer by product’s insulating ability. R-value radiation, when the insulation is SUMMARY: The Federal Trade ratings vary among types and forms of installed facing an airspace. Within Commission (‘‘Commission’’) seeks home insulations and even among these basic categories, home insulation comments on proposed amendments to products of the same type and form. is made from various materials (e.g., its Trade Regulation Rule Concerning For insulation marketed for use in fiberglass, cellulose, polyurethane, the Labeling and Advertising of Home residential structures, the Rule requires aluminum foil) and forms (e.g., batt, Insulation (‘‘R-value Rule’’ or ‘‘Rule’’). R-value disclosures, directs dry-applied loose-fill, spray-applied, This document provides background on manufacturers to substantiate the claims board stock, multi-sheet reflective). the R-value Rule and this proceeding; made in these disclosures, and prohibits and discusses public comments B. Covered Parties certain claims unless they are true and received by the Commission and solicits The Rule applies to home insulation non-misleading. Specifically, the Rule further comments on the proposed manufacturers, professional installers, requires insulation sellers to disclose amendments to clarify, streamline, and retailers who sell insulation for do-it- the insulation product’s R-value and improve the Rule’s requirements. yourself installation, and new home related information based on uniform, sellers, including sellers of DATES: Written comments must be 2 industry-adopted test procedures. This manufactured housing (‘‘covered received on or before March 23, 2018. information enables consumers to Parties interested in an opportunity to entities’’). It also applies to laboratories evaluate the performance and cost- that conduct R-value tests for those who present views orally, should submit a effectiveness of competing products. request to do so as explained below, and base their R-value claims on these test such requests must be received on or A. Products Covered results. before March 23, 2018. The R-value Rule covers all ‘‘home C. The Rule’s Basis ADDRESSES: Interested parties may file a insulation products.’’ Under the Rule, The Commission first issued the R- comment online or on paper, by the term ‘‘insulation’’ includes any value Rule in response to a variety of following the instructions in the product ‘‘mainly used to slow down unfair or deceptive acts or practices in Request for Comment part of the heat flow’’ from, for example, a heated the insulation industry. Specifically, the SUPPLEMENTARY INFORMATION section Commission found that many sellers: (1) below. Write ‘‘R-value Rule (No. 1 The Commission promulgated the R-value Rule Failed to disclose R-values, impeding R811001)’’ on your comment, and file pursuant to section 18 of the Federal Trade Commission Act (‘‘FTC Act’’), 15 U.S.C. 57a. The informed purchasing decisions and your comment online at https:// Rule became effective on September 30, 1980. See misleading consumers who based their ftcpublic.commentworks.com/ftc/R- 44 FR 50218 (Aug. 27, 1979). purchases on price or thickness alone; value, by following the instructions on 2 Additional Commission rules or guides may also (2) exaggerated R-value disclosures and the web-based form. If you prefer to file apply to home insulation sellers. See, e.g., 16 CFR often failed to account for material parts 701 and 702 (warranty-related rules), and 16 your comment on paper, mail your CFR part 260 (Guides for the Use of Environmental factors (e.g., aging, settling) that reduce comment to the following address: Marketing Claims). Further, Section 5 declares that thermal performance; (3) failed to Federal Trade Commission, Office of the unfair or deceptive acts or practices are unlawful, inform consumers about an R-value’s Secretary, 600 Pennsylvania Avenue and requires that advertisers and other sellers have meaning and importance; (4) a reasonable basis for advertising and other NW, Suite CC–5610 (Annex E), promotional claims before they are disseminated. exaggerated fuel bill savings and failed Washington, DC 20580, or deliver your See Deception Policy Statement, appended to comment to the following address: Cliffdale Assoc., Inc., 103 FTC 110, 174 (1984); and 3 See 16 CFR 460.2. Federal Trade Commission, Office of the FTC Policy Statement on Unfairness, appended to 4 The Rule does not cover pipe insulation or any Secretary, Constitution Center, 400 7th International Harvester Co., 104 F.T.C. 949 (1984); type of duct insulation except for duct wrap. See and Policy Statement Regarding Advertising 44 FR at 50238, n. 170 (the Commission explained Street SW, 5th Floor, Suite 5610, Substantiation, 49 FR 30999 (1984), reprinted in that pipe insulation is used primarily to reduce Washington, DC 20024. Thompson Medical Co., 104 F.T.C. 839 (1984). condensation).

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to disclose that savings vary depending statement: ‘‘The higher the R-value, the Commission discusses those comments on consumers’ particular circumstances; greater the insulating power. Ask your and proposes several related or (5) falsely claimed that consumers’ seller for the fact sheet on R-values.’’ In amendments. insulation purchases would qualify for addition, if an advertisement contains Specifically, the Commission tax credits, or that products had been an energy saving claim, it must disclose: proposes to: (1) Clarify that the Rule ‘‘certified’’ or ‘‘favored’’ by federal ‘‘Savings vary. Find out why in the covers products marketed for residential agencies.5 seller’s fact sheet on R-values. Higher R- applications, even if those products are originally developed for the commercial D. The Rule’s Requirements values mean greater insulating power.’’ The Rule also requires manufacturers market; (2) require marketers to use the The Rule requires covered entities to and other sellers to have a ‘‘reasonable Rule’s testing requirements to disclose R-value and related information basis’’ for any energy-saving claims they substantiate any R-value claims for non- (e.g., thickness, coverage area per make on labels or in advertising.10 insulation products; (3) add information package) on package labels and Although the Rule does not specify how about air sealing and installation to fact manufacturers’ fact sheets. Covered they must substantiate such claims, the sheets; (4) clarify that online retailers entities must derive these disclosures Commission explained when issuing the must provide labels and fact sheets; (5) from tests conducted according to one of Rule that scientifically reliable eliminate reference to an outdated aging four specified American Society of measurements of fuel use in actual specification; (6) revise the Rule’s Testing and Materials (‘‘ASTM’’) test houses, or reliable computer models or provisions addressing the incorporation procedures that measure thermal methods of heat flow calculations, by reference of ASTM test procedures; performance under ‘‘steady-state’’ (i.e., would meet the reasonable basis (7) eliminate a Rule provision that 6 static) conditions. Industry members standard.11 Sellers other than automatically updates ASTM test must conduct tests for mass insulation manufacturers can rely on the procedures; and (8) exempt space- products on the insulation material manufacturer’s claims unless they constrained advertising from certain alone (excluding any airspace) at a mean know, or should know, that the affirmative disclosures.15 temperature of 75 °F. The Rule requires manufacturer lacks a reasonable basis III. Issues Raised by Commenters testing for reflective insulation products for their claims. according to either ASTM C 236 or A. Need for and Costs and Benefits of ASTM C 976, which generate R-values II. Regulatory Review the Rule for insulation systems (such as those The Commission reviews its rules and 7 Background: In the ANPR, the that include one or more air spaces). guides periodically to ascertain their Commission sought comment on the The Rule’s R-value tests account for costs and benefits, regulatory and continuing need for the Rule and its factors that can affect insulation’s economic impact, and general benefits and costs to consumers as well thermal performance. For example, tests effectiveness in protecting consumers as industry members (including small for polyurethane, polyisocyanurate, and and helping industry avoid deceptive businesses). extruded polystyrene insulation account claims. These reviews assist the Comments: As detailed below, the for aging, and tests for loose-fill Commission in identifying rules and commenters generally identified a insulation products reflect the effect of guides that warrant modification or continuing need for the Rule and urged 8 settling. rescission. As part of its last review in the Commission to retain it. No The Rule also requires specific 2005, the Commission issued several commenter advocated its repeal. The disclosures on manufacturer product amendments to update and improve the commenters also described several labels and fact sheets, installer receipts, Rule. For example, the Commission benefits from the Rule. Finally, though and new home seller contracts. For added a temperature differential commenters acknowledged that the Rule example, insulation labels must display requirement for testing, updated tests imposes some costs on industry and the product’s R-value and the statement for reflective insulation, and required recommended several improvements, no ‘‘R means resistance to heat flow. The new initial installed thickness commenter argued that these costs higher the R-value, the greater the 12 9 disclosures for loose-fill insulation. outweigh the Rule’s benefits. insulating power.’’ The Rule also In 2016, the Commission initiated this Most commenters supported retaining requires that certain affirmative regulatory review through the the Rule. For example, XPSA stated that disclosures appear in advertising and publication of an Advance Notice of the Rule ‘‘protects consumers by setting other promotional materials (including Proposed Rulemaking (ANPR).13 In that an even playing field’’ for insulation those on the internet) containing an R- Notice, the Commission sought advertising claims. The ACC added that value, price, thickness, or energy-saving comments on, among other things, the the Rule ‘‘helps protect consumers from claim, or comparing one type of economic impact of, and the continuing misleading advertising claims and insulation to another. For example, if an need for, the Rule; the Rule’s benefits to promotes fair competition among advertisement contains an R-value, it consumers; and the burdens it places on manufacturers of residential insulation must disclose the type of insulation industry members, including small products.’’ Others expressed similar being sold and the thickness needed to businesses, subject to its requirements. views. According to commenter Craig obtain that R-value, as well as the The Commission received 16 comments in response.14 In the present Notice, the Corporation (#00019); Conner (#00022); 5 44 FR at 50222–24. Polyisocyanurate Insulation Manufacturers 6 The Rule (Section 450.5) incorporates by Association (PIMA) (#00015); Insulation 10 reference ASTM test procedures, which ASTM See Section 16 CFR 460.19. Contractors Association of America (ICAA) reviews and revises periodically. For mass 11 44 FR at 50233–34. (#00013); Vinyl Siding Institute (VSI) (#00014); insulations, the required tests are ASTM C177, 12 70 FR 31258 (May 31, 2005). Extruded Polystyrene Foam Association (XPSA) C236, C518, and C976. 44 FR at 50226, n. 189. 13 81 FR 35661 (June 3, 2016). (#00012); California Investor Owned Utilities (CA 7 The Rule requires that the R-value of a single- 14 The comments are located at: https:// IOUs) (#00009); AFM Corp. (#00010); EPS Industry sheet reflective insulation product be tested under www.ftc.gov/policy/public-comments/initiative-649. Alliance (#00011); Strauch (#00007); Turk (#00004); ASTM E408 or another test method that provides American Chemistry Council (ACC) (#00016 and and Graen (#00003). comparable results. #00006); EPS Industry Alliance (#00017); North 15 The amendments also make a non-substantive 8 44 FR at 50219–20, 50227–28. American Insulation Manufacturers Association change to section 460.2 (i.e., changing the term 9 16 CFR 460.12(c). (NAIMA) (#00011 and #00018); Icynene ‘‘slow down’’ to ‘‘slow’’).

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Conner, the Rule helps consumers field and promotes industry self- false or misleading claims in the compare products and predict energy regulation measures.19 NAIMA also marketplace. For example, XPSA stated savings, and, without the requirements, argued that the Rule defines ‘‘the there is a ‘‘great deal of compliance’’ ‘‘exaggerated and inconsistent’’ claims standard of conduct without debate or with the Rule, and PIMA added that the would be common. EPS Industry uncertainty.’’ While describing the Rule has ‘‘generated a high degree of Alliance remarked that the Rule ‘‘is Rule’s benefits, commenters did not industry compliance.’’ Though the essential to the competitive identify any significant or unwarranted comments noted general compliance marketplace’’ because it ensures costs imposed by the Rule on industry. with the Rule, NAIMA indicated that uniform and accurate information for NAIMA, for example, concluded that the Rule also provides an effective tool consumers and industry members.16 the Rule does not impose ‘‘significant for industry self-regulation to address NAIMA asserted that the Rule may be costs on business unless the business those deceptive practices still appearing even more important today than when violates the Rule and is fined.’’ 20 It in the market.23 NAIMA noted its initially promulgated given record added that, while legal reviews monitoring of potential compliance installation numbers; the emergence of necessary to ensure compliant problems has revealed some sellers who new, inexperienced, or irresponsible advertising impose some costs, they promote and compare insulation using advertisers; and the growing emphasis save costs associated with violations unlawful or inaccurate claims. NAIMA on environmental responsibility, energy and litigation. AFM added that frequently challenges claims identified savings, and pollution reduction. compliance costs are ‘‘low in proportion through monitoring by sending letters to NAIMA warned that, in the Rule’s to sales revenue and thus do not impose companies and other entities promoting absence, problematic claims would significant cost on either manufacturers insulation. According to NAIMA, these decrease consumer trust in insulation or consumers.’’ PIMA also observed that warnings have been effective in bringing products and potentially decrease their the Rule imposes ‘‘little or no cost to the many claims into compliance. Such use. Similarly, the EPS Industry suppliers of home insulation or to efforts, in NAIMA’s opinion, ‘‘would Alliance explained that, with residential consumers themselves.’’ Additionally, likely be meaningless if there were not and commercial buildings consuming XPSA asserted that the Rule’s an R-value Rule in place with 40% of the country’s energy, the Rule compliance costs outweigh its benefits enforcement provisions behind it.’’ helps ensure consumers use the right and that its testing and labeling NAIMA discussed some of the issues insulation amounts to meet energy requirements are ‘‘fair and reasonable.’’ revealed by its monitoring. For instance, efficiency and comfort targets. It also noted that the absence of uniform certain industry segments rely on Commenters also noted the Rule’s disclosures would increase industry ‘‘outdated studies’’ or analysis that may requirements have broader implications. costs significantly.21 While commenters not apply to their product. NAIMA also XPSA and the California IOUs did not identify any significant costs for mentioned other problems, including explained the Rule’s provisions are consumers, XPSA stated that even if marketers who fail to provide required commonly used in the commercial some manufacturers pass compliance disclosures (e.g., ‘‘savings vary’’ for market, and its required disclosures costs onto consumers, such costs are savings claims), omitting the basis for help ensure compliance. XPSA even small compared to the cost to comparative claims, and disseminating noted that the Rule is referenced in the consumers associated with deceptive exaggerated savings claims. NAIMA also International Energy Conservation Code claims in the absence of the Rule. noted that some sellers falsely claim (IECC), the model energy code adopted Discussion: As the commenters their products are tested, approved, and by most states.17 indicated, the Rule benefits consumers even endorsed by government agencies, Commenters also identified many and industry members by combating such as the Consumer Product Safety consumer benefits. According to the deceptive and unfair practices, creating Commission and the Occupational California IOUs, clearly marked R- a level playing field that promotes Safety and Health Administration. values help consumers make educated competition, helping create a Finally, NAIMA asserted that some purchasing decisions, taking into marketplace in which industry can more industry members provide R-value per account energy savings and increased easily self-regulate,22 furnishing inch of thickness claims, thus falsely home comfort from insulation.18 EPS guidelines to industry for product implying that their product’s R-value is Industry Alliance added that the Rule’s testing and evaluation, and promoting linear (e.g., the R-value of 4-inches of 24 enforceable and uniform baseline helps consumer confidence. Commenters also insulation is twice that of 2-inches). consumers make energy decisions. indicated the Rule does not impose NAIMA stressed that these practices can Commenters pointed to several significant, unwarranted costs on erode public trust and confidence and specific industry benefits. According to industry members or consumers. Given reduce consumer investments in these NAIMA, the Rule creates a level playing these benefits and apparent minimal energy-savings products. costs, the Commission has determined One commenter, Conner, identified 16 See also ICAA comments. AFM added that the to retain the Rule. additional issues. Conner provided Rule has been instrumental in ‘‘providing testing data for batt insulation consumers a simple and effective means to compare B. Prevalence of Misleading Claims purchased on the open market that, in the R-value of insulations under . . . standard conditions.’’ Background and Comments: In his view, suggest the labeled R-values 17 Commenter Strauch observed that the Rule response to the ANPR, several were overstated. The measured R-value ‘‘has provided very good benefit to consumers in comments addressed the prevalence of for all six samples ranged between 92% their selection of insulation.’’ Though Strauch and 98% of the stated R-values. Though questioned whether manufacturers would continue to provide R-value information in the Rule’s 19 NAIMA also stated that the Rule provides ‘‘an he acknowledged the results might be absence, the commenters did not specifically effective tool for leveling the playing field.’’ recommend eliminating the Rule. 20 ICAA, representing insulation installers, 23 Commenter Turk also mentioned experiences 18 NAIMA similarly asserted the Rule helps explained that it has not seen ‘‘any significant’’ with a contractor that did not provide the Rule’s consumers by allowing competitors to easily compliance costs associated with the requirements. required disclosures. challenge deceptive claims. The California IOUs 21 XPSA added that, for small businesses, the 24 The California IOUs urged FTC to coordinate cited to Department of Energy estimates regarding Rule clearly defines conditions on participating in with insulation manufacturers ‘‘on a regular basis residential energy costs and potential consumer the residential market. to ensure compliance’’ with the Rule’s labeling savings from insulation and home sealing. 22 See section III.B. of this Notice. requirements.

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anomalies, he argued that was compliance through enforcement and urged the Commission to clarify that the improbable. ‘‘It is more likely,’’ he business education. Rule covers traditional commercial and asserted ‘‘that testing products ‘off the C. Coverage industrial products to the extent such shelf’ gives different results [than products are used in residential labeled R-values] for some reason.’’ Background: The R-value Rule covers applications. According to NAIMA, the Conner noted that other studies have all ‘‘home insulation products.’’ The traditional line between residential and demonstrated similar results. The term ‘‘insulation’’ includes any product commercial products has blurred. ‘‘Thermal Metric Project’’ conducted six ‘‘mainly used to slow down heat flow’’ NAIMA’s members have reported that tests of fiberglass insulation and found from, for example, a heated interior certain rigid board products previously through exterior walls to the outside.29 that the measured R-value averaged reserved exclusively for commercial and The Rule covers most types or forms of about 97% of the labeled R-value. In industrial applications appear with insulation marketed for use in that study, manufacturers provided the greater frequency in residential tested samples. The commenter raised residential structures. It also applies to insulation sold for use in all types of construction. According to NAIMA, several possibilities for these results, some industry members selling such including compression in the packaging residential structures, including old or new houses, condominiums, products in the residential market do and the selection of better samples by not follow the R-value Rule, claiming manufacturers for studies. Conner urged cooperatives, apartments, modular homes, and mobile homes. It does not their products are commercial or the Commission to conduct additional industrial products. To address such testing of samples for fiberglass and cover insulation sold for use in practices, NAIMA urged the other insulation types.25 If the testing commercial (including industrial) Commission to clarify that ‘‘if a product demonstrates that compression affects buildings; nor does it apply to non- is used in residential insulation the results, the commenter insulation products with insulating applications, there must be compliance recommended the Rule require that test characteristics, such as storm windows results reflect the R-value of products and doors, caulking, weather stripping, with the Rule, even if the lion share of ‘‘that reach the market.’’ garage doors, or draperies.30 the product’s use is in the commercial Comments: In response to the ANPR, and industrial market.’’ Discussion: The comments suggest several commenters suggested the Discussion: Based on the record, the that, while compliance is generally Commission expand the Rule’s high, the Rule and associated Commission proposes two Rule coverage. First, the Vinyl Siding coverage amendments. First, it proposes enforcement efforts help to address Institute (VSI) recommended violations still occurring in the to amend the Rule to apply the testing broadening the Rule’s coverage to requirements to R-value claims made for marketplace. Since the last regulatory include insulated siding. VSI explained any product marketed to reduce energy review, the Commission has brought that builders commonly use insulated 26 use by slowing heat flow in residential enforcement action under the Rule. siding in the residential market to buildings. The current Rule only applies The FTC also prepares consumer and improve energy performance and to business education materials to help comply with the International Energy to products marketed primarily as consumers with their purchasing Conservation Code (IECC). According to insulation. However, the Commission decisions and aid businesses with their VSI, the IECC recognizes insulated has challenged R-value claims under the 27 compliance efforts. In addition, as the siding as a ‘‘form of continuous FTC Act based on false or commenters indicated, industry insulation.’’ VSI recommended the unsubstantiated R-value claims for members currently use the Rule to help Commission adopt ASTM C1363–97, products sold primarily for reasons identify and address violations. Finally, ‘‘Standard Test Method for the Thermal other than insulation and thus not some competitors have resolved Performance of Building Assemblies by covered by the Rule.31 These cases advertising disputes through the Means of Hot Box Apparatus’’ for testing suggest there is a pattern of false or National Advertising Division of the the thermal performance of siding. It unsubstantiated R-value claims for 28 Better Business Bureau. The also offered specific Rule language for products other than insulation, such as Commission therefore plans to retain testing, representative thickness (‘‘R- coatings, siding, and housewrap. The the Rule and continue to promote values . . . must be established for the amendment should provide a more specific siding profiles using typical effective means to reduce deceptive 25 Conner’s results do not necessarily identify installation configuration’’), and claims. Marketers acting in good faith Rule violations; the R-values appear to meet the Rule’s tolerance provision. See Section 460.8 (‘‘no disclosures on labels. will have clear notice of the test individual specimen of the insulation you sell can Second, XPSA and ICAA procedures they should use to have an R-value more than 10% below the R-value recommended the Rule cover insulation substantiate their R-value claims. At the shown in a label, fact sheet, ad, or other sold in the commercial market. same time, the amendment will provide promotional material’’). Nevertheless, the results Supporting expansion, ICAA noted that suggest that the stated R-values for the tested the FTC with a more efficient and direct products may be consistently low. The Commission commercial building energy use means to challenge R-value claims invites further comments on these issues. represents 19% of all U.S. consumption. based on inadequate substantiation. 26 See, e.g., United States v. Enviromate, LLC, No. XPSA added that expanded coverage 09–CV–00386 (N.D. Ala. Mar. 2, 2009); United ‘‘would not add cost or burden’’ because This amendment would not impose States v. Meyer Enters., LLC, No. 09–CV–1074 (C.D. the commercial market already any disclosure, labeling, or additional Ill. Mar. 2, 2009); and United States v. Edward requirements for non-insulation Sumpolec, No. 6:09–cv–378–ORL–36KRS (M.D. Fla. generally follows the R-value Rule Jan. 9, 2013). requirements. products beyond the testing 27 See, e.g., https://www.consumer.ftc.gov/ NAIMA also addressed this issue but articles/0107-home-insulation-its-all-about-r-value. did not advocate wholesale expansion 31 United States v. Edward Sumpolec, No. 6:09– 28 See, e.g., Applegate Insulation (Cellulose into the commercial market. Instead, it cv–378–ORL–36KRS (M.D. Fla. Jan. 9, 2013); In the Insulation Products), Case #5961, NAD/CARY Case Matter of Kryton Coatings International, Inc. and reports (June 2016) (press release at http:// Procraft, Inc., FTC Matter/File Number: 012 3060. www.asrcreviews.org/nad-recommends-applegate- 29 See 16 CFR 460.2. Docket Number: C–4052 (June 18, 2002); and discontinue-certain-claims-for-cellulose-insulation- 30 See, e.g., 45 FR 68920 (Oct. 17, 1980) (staff Federal Trade Commission v. Innovative Designs, finds-company-can-support-certain-claims). guidance). Inc., 2:16–cv–01669–NBF (W.D. Pa. Nov. 4, 2016).

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requirements.32 Instead, it would also being marketed for residential ‘‘the attempt to force all product types simply require that any voluntary R- applications. Such products already fall to compete solely on the basis of R- value claim made in advertising for a within the Rule’s existing coverage of value is itself a deceptive practice.’’ 35 non-insulation product be based on the ‘‘home insulation.’’ However, the Specifically, Icynene contended that R- appropriate tests referenced in section proposed amendments would clarify value comparisons among different 460.5 of the Rule (i.e., the standard this fact to ensure that industry product categories mislead consumers ASTM tests incorporated into the Rule members understand their compliance because some products with low R- and currently applicable to R-value obligations. The Commission seeks values provide adequate energy disclosures for insulation). The comments on this proposal. performance through other attributes, Commission can challenge false or The Commission does not propose such as reduced thermal bridging and unsubstantiated energy efficiency extending the Rule to cover insulation air sealing.36 claims as violating Section 5 of the FTC marketed and sold solely in the Icynene and ACC also argued that the Act. In particular, the Commission has commercial or industrial market Rule’s disclosures do not adequately already challenged energy savings because the Commission lacks sufficient address air infiltration. Icynene claims as unsubstantiated where evidence of widespread deception to contended that laboratory-derived R- marketers did not have competent and warrant proposing such an expansion. values fail to take into account ‘‘real reliable scientific evidence to support world’’ (i.e., installed) performance those claims. Accordingly, the D. Additional R-Value Disclosures impacted by factors such as air leakage Commission expects that most Background and Comments: Some or convection. According to Icynene, marketers who choose to make R-value commenters argued that the Rule fails to improper air sealing is often the biggest claims for various non-insulation adequately inform consumers and single cost or lost opportunity products already rely on the appropriate industry of factors important to associated with construction or ASTM testing standards. As a result, the insulation performance, particularly air renovations.37 Thus, in its view, the Commission anticipates that this infiltration and installation. As ‘‘focus on R-value alone leads to amendment would pose little or no discussed below, some urged additional product selections that hurt the additional burden. However, the explanatory information on required consumer.’’ ACC added that an amendment would promote clarity for labels and fact sheets to ensure insulation’s air sealing properties can marketers regarding their obligation to consumers understand the impacts of dramatically impact energy savings by substantiate R-value claims and provide these additional factors. Others reducing or eliminating convective heat a check on unscrupulous sellers who expressed support for the current transfer (air flow) through walls and seek to gain an unfair advantage by disclosures. roof assemblies. Citing to studies, ACC exaggerating their product’s R-value Two commenters claimed the Rule noted inherent differences in air sealing based on faulty tests. emphasizes R-value to the detriment of performance among various 38 The Commission seeks comment on other factors. ACC, representing spray insulations. various issues related to this proposal, foam manufacturers, argued that too To address these shortcomings, ACC including whether deceptive R-value much focus on R-value can ‘‘inhibit the and Icynene urged the Commission to claims outside of the Rule’s current public’s understanding of building amend the Rule to provide additional product scope are prevalent (i.e., energy efficiency.’’ ACC also asserted information about R-value, insulation, widespread) (see 15 U.S.C. 57a(b)(3)), that industry has generally assumed that whether such an amendment is a higher R-value is better, believing, for Council of Canada (NRCC) funded the development necessary to address deceptive and of the Wall Energy Rating (WER), a similar method instance, that a perception exists that used to illustrate the R-value metric’s shortcoming, unfair practices, whether the test ‘‘twice the amount of insulation will and ways in which it could be adapted to better procedures listed in the Rule are deliver twice the energy savings.’’ simulate ‘‘real-world’’ energy performance. 35 applicable and adequate for such According to ACC, such ‘‘thinking is Icynene also noted that R-values are put to a claims, whether the proposal would variety of uses, including in building energy codes outdated and incorrect’’ because and computer modeling for energy performance. It create conflicts with how R-values are building codes now recognize that wall expressed concern that the R-value Rule unduly generally derived for certain products, and roof assembly performance can be affects construction industry practices, to the detriment of other factors that are important to and whether such a requirement would as important as the amount of insulation impose undue burdens on marketers.33 thermal performance. installed. 36 Second, in response to NAIMA’s Icynene referenced technical documents Icynene, a foam manufacturer, added purporting to show that: (1) Air leakage can cause concerns about commercial insulation that, ‘‘by focusing on the limited metric as much as a 70% reduction in R-value performance in the residential market, the in full thermal testing of wall assemblies; (2) it is Commission proposes to amend the of R-value, the Rule’s disclosures give unlikely batt-type insulation products will be Rule to clarify that products marketed the impression that this metric alone is installed properly and perform anywhere near the rated performance; and (3) even if air permeable for residential applications are subject enough to gauge energy efficiency, thermal performance, and building insulation products are of a high density, and well to the Rule’s requirement. The installed with a proper air barrier, but are not comments suggest that some products comfort.’’ Icynene explained that, enclosed on the interior, their performance will developed and marketed primarily for although R-value provides a good decrease by 25–40%. 37 commercial or industrial structures are comparative metric among similar Icynene further asserted the term ‘‘Insulating product categories (e.g., batt to batt, Power,’’ used in the Rule’s disclosures, is ‘‘extremely misleading’’ for it assumes that a 32 Specifically, as indicated in the proposed board product to board product), it is continuous air barrier exists and that air permeable amendment to the Rule’s Appendix, the inadequate for comparing different materials are fully encapsulated and will yield requirements of sections 460.6 through 460.21 product types because a number of ‘‘off stated R-value. would not apply to R-value claims for such the page’’ assumptions are necessary to 38 ACC asserted ‘‘the use of spray foam insulation products. 34 (and other air impermeable foam insulations) can 33 The proposal excludes fenestration and make such comparisons. In its view, lead to greater energy savings by eliminating air fenestration attachments because these products are leakage in parts of the home where the insulation covered under the rating and certification activities 34 Icynene noted that DOE has funded the is installed.’’ ACC cited to the Building Science of entities such as the National Fenestration Rating development of the ‘‘Thermal Metric,’’ which is Corporation’s Thermal Metric project, which is Council (NFRC) and DOE. See Energy Policy Act of designed to convey the thermal performance of wall available at: http://buildingscienceconsulting.com/ 1992 (Section 121 of Pub. L. 102–486). assemblies. In addition, the National Research project/thermal-metric-project.

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and air infiltration. To combat R-value suggested the Rule require sellers to barrier.42 Furthermore, according to misperceptions, ACC recommended the disclose the conditions necessary to NAIMA, no elements of a building’s Rule clarify that increasing insulation achieve the stated R-value or thermal thermal envelope—whether walls, attic, yields diminishing returns and that R- performance, such as whether an air foundation, and insulation—‘‘can value is only one ‘‘way to quantify one space is required on one or more sides deliver the desired thermal performance physical property’’ of insulation or whether air sealing is necessary. on its own’’ despite what some 39 products. Specifically, ACC suggested Not all commenters advocated for advertisements claim. NAIMA stated the Commission change the label additional disclosures. Several that insulation cannot solve all air statement ‘‘The higher the R-value, the supported the Rule’s current focus on R- infiltration problems because it is never greater the insulating power’’ to read: ‘‘R value. EPS Industry Alliance, for applied in a way to halt all possible air leakage. Indeed, according to NAIMA, means resistance to heat flow in example, explained that ‘‘[a]lthough ‘‘insulation plays no major role in laboratory testing. Higher R-values can there is much more information blocking total air infiltration in a result in greater insulating power. As necessary for a fully informed choice, home.’’ Instead, other materials such as installed, other physical properties of thermal resistance [R-value] is a start ‘‘gypsum board, sheathing, house wrap, insulation like air permeance, air and is a valuable common and sealing of joints and holes’’ usually sealing and quality of installation will denominator.’’ XPSA recommended the accomplish that function. NAIMA impact performance.’’ ACC also current affirmative disclosures remain further observed that the FTC has recommended the Rule’s disclosures in place and explained that R-values declined to incorporate air infiltration inform consumers that R-value ‘‘offer product comparison and quality comparisons for dissimilar materials are or air leakage into the R-value Rule control measures’’ and ‘‘should not be because of the absence of a reliable, ‘‘less useful.’’ Icynene suggested that the used to predict building performance.’’ Rule’s statement be removed altogether. uniform means to measure air leakage, In fact, it observed that testing standards and the fact that thermal performance Icynene recommended new (or often clearly state that they do ‘‘not revised) consumer Rule disclosures cannot be measured by leakage alone.43 purport to address all possible end-use In addition to air infiltration, regarding air sealing to ensure that concerns.’’ designers, contractors, and others can commenters discussed the relationship ‘‘take appropriate action on NAIMA, which represents both between insulation performance and specification of products, air sealing, fiberglass and foam manufacturers, installation. ACC, for instance, argued and encapsulation of materials to get argued against any amendment on this that inadequate installation can required performance.’’ In its view, issue. NAIMA complained that some significantly affect performance. For labeling that ‘‘goes beyond R-value’’ industry members overemphasize example, compression of fibrous would inform consumers about insulation’s air infiltration performance insulation can reduce its effectiveness, important issues such as ‘‘continuity of and therefore these claims can be and improper depths or failure to ensure insulation, air tightness and moisture misleading. For example, it asserted that contact with proper surfaces can impact control.’’ It urged suitable disclaimers various manufacturers claim that spray foam performance. The California for various energy efficiency ‘‘stopping air infiltration with IOUs added that installation problems, characteristics of insulation products insulation’’ is ‘‘what really matters.’’ such as ‘‘missing insulation, gaps, or such as air impermeability, vapor Some also claim that their insulation compression,’’ can lead to lower R- impermeability, or solar reflectance. will seal entire buildings. In addition, value, and thus higher energy costs and lower home comfort. For instance, Icynene also recommended the marketers often use the terms ‘‘effective failure to cover even small gaps will Commission establish ‘‘categories of R-value’’ or ‘‘real world R-value,’’ have a disproportionate effect on performance’’ for characteristics such as which, according to NAIMA, are thermal envelope performance.44 air impermeability and vapor purportedly based on ‘‘some ad hoc and unscientific method that somehow Conner also emphasized the permeability to ensure consumers know importance of proper installation that attributes other than R-value ‘‘are combines insulation and air sealing in a single value.’’ NAIMA stated that these instructions, particularly for ‘‘do it important to energy efficient and yourself’’ users. He noted a recent DOE durable construction.’’ 40 It also claims incorrectly imply that a product’s ability to block air infiltration, field study conducted in six states demonstrating that about 45% of 39 Icynene also argued that packaging for most and not its R-value, is paramount and products should provide a date of manufacture, lot that insulation that limits air infiltration insulation was poorly installed. He also number for traceability, and shelf life. Such performs better overall than other specifically addressed R–19 fiberglass disclosures would, for example, allow consumers to insulations.41 insulation batts, which are generally determine the age of batt insulation. According to 6.25 inches thick and commonly Icynene, this insulation does not expand to full In fact, according to NAIMA, the air installed in wall cavities measuring 2 x thickness if compressed for transport for more than blocking benefits of particular three months. Icynene, however, did not provide 6 inches. Conner stated that installers any information about whether existing practices insulations are often overstated. It cited must compress these batts to 5.5 inches are widespread or otherwise unfair or deceptive. to a recent study indicating that ‘‘sealed to fit them into these wall spaces, thus Absent such evidence, the Commission declines to walls of the same R-value perform reducing the R-value by one. Conner increase the Rule’s regulatory burden to require the equally well regardless of the type of disclosure of such information. 40 Icynene noted that the International Residential insulation used.’’ In addition, the 42 Citing to Thermal Metric Summary Report, Code (IRC) and the International Building Code research indicated that no tested wall Building Science Corporation (September 23, 2013) (IBC) have already identified categories for air assemblies, regardless of the insulation (http://buildingscienceconsulting.com/project/ impermeability and vapor permeability. Icynene type used, acted as a complete air thermal-metric-project). suggested the Commission reference these Code 43 Citing to 70 FR at 31262. requirements to determine if products perform as 44 The California IOUs also noted that installation Code-compliant air impermeable materials. For ‘‘Class C: Air Permeable’’ would include products inconsistent with manufacturer’s instructions instance, ‘‘Class A: Air Impermeable’’ would that must rely on other elements for air sealing. violates building codes. In addition, both the include ‘‘air impermeable’’ products used to bridge 41 According to NAIMA, some advertisements California IOUs and Conner noted that the gaps between other materials; ‘‘Class B: Air wrongly ‘‘dismiss R-value as a reliable indicator of Residential Energy Services Network (RESNET) has Impermeable’’ would include boardstock products thermal performance’’ and encourage consumers to a grading scale to help identify the quality of that would contribute to air barrier systems; and rely on air infiltration performance. insulation installation.

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also noted that, because manufacturers disclosures stating ‘‘The higher the R- online sales. This amendment will disclose this fact on their packaging in value, the greater the insulating power.’’ simply effectuate the Rule’s original much ‘‘smaller print,’’ consumers are The Commission has long recognized intent by ensuring online shoppers have not likely to notice them. that the Rule’s uniform R-value test access to the same information (both These commenters therefore urged the methods do not account for all variables fact sheets and labels) as shoppers in Commission to require disclosures applicable to insulation performance. stores. Retailers can make these about the need for proper installation. Despite the R-value rating’s limitations, disclosures through a variety of means, The California IOUs recommended it provides an important baseline from such as by providing information with labels state: ‘‘Consumers should be which consumers can compare various expandable thumbnail images of aware that insulation must be installed insulation products. The Commission package labels and fact sheets or properly to maintain its rated has addressed these and related conspicuous links directly to the performance; poorly installed insulation concerns repeatedly since it first issued information. The Commission seeks will reduce the rated R-value and the Rule in 1979. Indeed, there are a comment on this change, including on negatively impact the thermal variety of factors not accounted for in R- the prevalence of online insulation performance of the building.’’ Finally, to value tests, such as the design sales, any burdens associated with address issues with R19 batts, Conner characteristics and geographic location providing such information online, and recommended the FTC require both R18 of the building, the specific application any other associated issues. in which the product is installed, and R19 to appear equally prominently E. Aging of Cellular Plastics on the label (e.g., ‘‘R19 in floors/R18 in outside and inside temperatures, air and 2 x 6 wall cavities’’).45 moisture movement, installation Background: The ANPR solicited Discussion: Based on the record, the technique, and others.46 However, comments on whether to update the Commission proposes changing the quantifying and providing uniform Rule’s requirements for testing aging Rule’s fact sheet disclosures to better comparative ratings to reflect these cellular plastics. Specifically, the alert consumers to factors that may various factors would significantly Commission asked whether it should affect their heating and cooling costs. complicate the Rule’s disclosures and amend the Rule to require industry to The current fact sheets generally advise likely confuse consumers, without estimate the long-term R-value of these consumers that their fuel savings providing commensurate benefits. products using ASTM C1303 (‘‘Standard depend on a variety of factors, including Furthermore, commenters expressed Test Method for Predicting Long-Term their climate, type of house, fuel use, significant disagreement regarding air Thermal Resistance of Closed-Cell and family size. Commenters, however, infiltration disclosures.47 Foam’’). emphasized that proper insulation Although the Commission declines to Certain types of cellular plastics installation and home air sealing can propose mandatory label or fact sheet insulations (e.g., polyurethane, also affect fuel costs. Accordingly, the disclosures, industry members may polyisocyanurate, and extruded Commission proposes to amend the fact voluntarily provide additional polystyrene boardstock insulations) sheets to specifically address these two information in their advertising about contain gas that gives them an initial R- factors. The Commission, however, does the manner in which their products (or value, which decreases over time as the not propose adding this information to their competitors’ products) perform so gas diffuses from the material. The product labels because such details long as the information is truthful and length of this aging process depends on would significantly increase the label’s non-misleading. For example, if a factors such as whether the product is scope and size, potentially decreasing manufacturer’s product performs better faced or unfaced, the permeability of the 48 its effectiveness and increasing its under specific, on-site conditions facing, and the product’s thickness. burden. The Commission seeks compared to competing products, the The current Rule addresses this process comment on the proposed fact sheet manufacturer may convey that fact in its by requiring R-value tests on specimens changes, including the amount of time advertising. that ‘‘fully reflect the effect of aging on manufacturers would require to make Finally, the Commission proposes to the product’s R-value.’’ In addition, such changes. amend section 305.14 to clarify that section 460.5(a)(1) directs industry The Commission also seeks comment online insulation sellers must post members to use a portion of the on whether the Rule should require labels and fact sheets for covered ‘‘accelerated aging’’ procedure in the specific disclosures for R–19 batt insulation products they sell directly to Government Services Administration insulation, as suggested by the consumers. Large retailers commonly (GSA) Purchase Specification HH–I– comments. Specifically, commenters offer insulation for purchase through 530A or ‘‘another reliable procedure.’’ should address whether labels for these their websites. Though the Rule requires However, GSA has rescinded its products should disclose that the retailers to ‘‘make fact sheets available specification, rendering the reference 49 product’s rating is R–18 when installed to your customers,’’ it does not specify obsolete. in typical wall cavities. Alternatively, that fact sheets must be provided for In the 1990’s, joint industry and commenters should address whether government research efforts generated 46 such disclosures should appear on fact See 44 FR at 50226; and 68 FR 41872, 41877– new test methods (ASTM C1303 and 41879. CAN/ULC S770) for estimating aging, sheets instead, or whether any 47 DOE’s Oak Ridge National Laboratory provides additional disclosures are necessary at the following, which also raises questions about the importance of insulation’s ability to limit air 48 The EPS Industry Alliance indicated that aging all. for closed-cell foam insulation is defined as, ‘‘the The Commission does not propose movement: ‘‘The ability of insulation to limit air movement should not be confused with ‘‘air change in thermophysical properties of rigid closed- addressing the air infiltration sealing.’’ The insulation reduces air movement only cell foam plastic with time.’’ performance of insulation products. In within the space it occupies. It will not reduce air 49 See 44 FR at 50227–50228. The GSA addition, the Commission does not movement through other cracks between building ‘‘accelerated’’ procedure was designed to age these parts. For example, controlling air movement insulations in a shorter period than under real-time propose amending label and fact sheet within a wall cavity will not stop air that leaks conditions. GSA rescinded the specification (along between the foundation and the sill plate or with other insulation specifications) and then 45 Alternatively, Conner recommended that between the wall joists and a window frame.’’ See required that federally purchased insulations manufacturers produce R–19 batts that fit in a 2 × http://web.ornl.gov/sci/buildings/tools/insulation/r- comply with ASTM insulation standards. 68 FR at 6-inch cavity. value/intro. 41879.

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often collectively referred to as the AFM put it, ‘‘continuous improvement’’ term thermal performance. According to LTTR (‘‘long-term thermal resistance’’) since its initial introduction. In May the comments, interim study results or the ‘‘slicing and scaling’’ method.50 2012, for example, ASTM published an presented in 2015 suggest discrepancies Unlike the older tests, the LTTR method interlaboratory research report (RR:C16– between values generated by ASTM measures the R-value of thin slices of 1038), which has been used to update C1303 and real-time thermal material. These results are then adjusted ASTM C1303. Several ASTM performance measurements. Given these with a scaling factor to estimate the R- specifications now reference C1303 preliminary findings, ACC argued value of full thickness boards. The test (e.g., ASTM C578, ASTM C591, ASTM against adopting the test.54 XPSA added avoids problems with the accelerated C1029, ASTM C1126, ASTM C1289, that since ‘‘the standard deviation aging tests, such as high temperature ASTM C1427). Similarly, PIMA around the various iterations of the test damage to specimens, but is limited in explained that Oak Ridge National method is significant,’’ the method has scope. Specifically, the LTTR method Laboratory (ORNL) conducted a not been demonstrated to provide ‘‘a generally applies only to unfaced or ‘‘ruggedness’’ study of the test uniform means of accurately comparing permeably-faced polyisocyanurate procedure between 2007 and 2012, different cellular plastic thermal (polyiso), polyurethane, and extruded which led to ‘‘a few minor changes in insulations.’’ polystyrene foam plastic insulations. sampling procedures,’’ increasing Commenters also discussed the During the 2005 regulatory review, consistency and reliability. PIMA procedure’s limited coverage. As noted the Commission considered whether to asserted that, in the wake of this above, ASTM C1303 and CAN/ULC amend the Rule to require the LTTR activity, the test is now ‘‘recognized S770 applies only to unfaced or method.51 Ultimately, the Commission throughout North America as the best permeably-faced, materials.55 PIMA, an declined to do so because commenters and most reliable measure of the long- advocate of ASTM C1303’s adoption, significantly disagreed on the adequacy term thermal performance of closed cell explained that because the of these tests and the need for additional foam insulation.’’ EPS Industry Alliance impermeable, or gas-tight, nature of development. The Commission further explained that, since the LTTR aluminum foil significantly restricts the concluded it was premature to mandate method’s introduction more than 20 diffusion of blowing agent gasses from the tests but indicated it had no years ago, ASTM committees have met the product over time, ASTM C1303 is objection to the voluntary use of these twice annually to ‘‘share data, propose not an appropriate test for measuring tests to estimate long-term R-values. modifications, increase accuracy and long-term R-value for such products. Comments: Several commenters generally improve and verify the test Advocates of the method’s adoption addressed whether the Commission method.’’ In addition, experts have acknowledged limitations in its should amend the Rule to include the compared test data against both coverage, but recommended the LTTR method. Like the 2005 review, the predictive mathematical models and Commission tailor the Rule’s scope by comments split, with some urging 56 long-term verification. Given these product type. However, XPSA incorporation and others opposing such improvements, commenters urged the reported that confusion persists in the a change due to issues with the test Commission to require ASTM C1303 for industry about the LTTR method’s procedures. determining the R-value for products scope. Despite longstanding efforts Several commenters urged the covered by the test. within ASTM and CAN/ULC standards Commission to adopt the LTTR method Others, however, opposed because, in their view, the test is now 54 incorporating the LTTR method into the ACC offered to provide updates on this well-established and would ensure that research as it nears completion. Icynene, which also Rule, questioning the method’s R-value R-value disclosures for cellular plastic noted that HH–I–530A1 is obsolete, suggested the results, coverage, and timeframe. ACC, use of ASTM E1029 or ICC–ES Evaluation Criteria insulations accurately reflect aging for example, stated that the spray AC377 for spray polyurethane products. effects. For instance, the EPS Industry 55 polyurethane foam (SPF) industry See ACC and PIMA comments. PIMA and ACC Alliance acknowledged the noted, for instance, that the C1303 itself states that continues to doubt the accuracy of R- Commission’s past concerns about the its application is ‘‘limited to unfaced or permeably value results derived from the method faced, homogeneous materials,’’ which covers many LTTR method, but explained that the for its products due to faulty rigid closed-cell foam insulation types, including method is now ‘‘widely accepted and assumptions underlying the extruded polystyrene, polyurethane, referenced by the consensus standard polyisocyanurate, and phenolic. The method, procedure.53 authorities in the United States and Specifically, SPF however, does not apply to ‘‘impermeably faced manufacturers have hypothesized that rigid closed-cell foams . . . .’’ According to PIMA, Canada.’’ 52 Others (e.g., PIMA, AFM) ‘‘the skin formed on the surface of the majority of closed-cell foam insulations argued that earlier objections to the available to consumers are unfaced or permeably- closed-cell spray polyurethane foam method’s adoption no longer hold faced products covered by the test. acts as an impermeable facer’’ that 56 because the method has undergone, as According to PIMA, several widely-used increases (or enhances) the product’s closed-cell foam insulation products with long-term thermal performance. Further, impermeable facers, typically aluminum foil or an 50 ASTM C1303, ‘‘Standard Test Method for aluminum foil laminate, exist on the market. These Predicting Long-Term Thermal Resistance of these commenters suspect that impermeable faced products include: ASTM C1289 Closed-Cell Foam Insulation’’); and CAN/ULC S770, specimen preparation under ASTM Type 1, Class 1 (Polyisocyanurate with aluminum ‘‘Standard Test Method for Determination of Long- C1303 may destroy this skin, foil facers over a non-reinforced core foam); and Term Thermal Resistance of Closed-Cell Thermal eliminating its benefits. Accordingly, in ASTM C1289 Type 1, Class 2 (Polyisocyanurate Insulating Foams.’’ with aluminum foil facers over a glass fiber 51 70 FR at 31262–4. ACC’s view, the test method may reinforced core foam). PIMA also indicated that 52 According to EPS Industry Alliance, ASTM underestimate SPF’s long-term thermal ASTM C518, the test used for almost all other C1303 is now well-established as the test method performance. To test this hypothesis, building thermal insulation products, continues to for predicting long-term thermal resistance of rigid industry members have initiated a five- be recognized as the thermal performance test board insulation incorporating blowing agents other method for the aluminum foil faced than air. The test is administered by an adequate year research project to measure long- polyisocyanurate products identified above. PIMA number of laboratories, and has been incorporated recommended the Rule incorporate ASTM C1303 as into several other standards, including ASTM C578, 53 ACC expressed concern ‘‘that insufficient data the R-value test method for all closed-cell foam ASTM C591, ASTM C1029, ASTM C1126, ASTM has been generated to demonstrate that ASTM products that are either unfaced or incorporate a C1289, as well as several CAN/ULC Standards (e.g., C1303 is an appropriate method for estimating long- permeable facer. However, it also recommended CAN/ULC S701; CAN/ULC S704, CAN/ULC term thermal performance for all closed-cell ASTM C518 for products that incorporate an S705.1). insulation products.’’ impermeable or gas-tight facer.

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committees, XPSA indicated that no applicable timeframe. In light of these Discussion: The Commission does not clear consensus has emerged about the lingering questions, the Commission is propose amending the tolerance procedures’ appropriate coverage, and reluctant to mandate that manufacturers provision or referencing new sampling industry members have been unable to use these methods. The Commission requirements. While ASTM C390 agree on a method for all foamed plastic invites further comments on all aspects contains a procedure for sampling and products, impermeably faced and of this issue, including the criticisms inspection, the commenters did not unfaced. raised about ASTM C1303 and CAN/ identify a widespread pattern of In addition, several commenters noted ULC S770 in response to the ANPR, the noncompliance with the Rule that that ASTM C1303 contains two separate results of any additional research on the would justify imposing such additional timeframes for measuring R-value issue, and any other relevant issues. requirements. In addition, the benefits results. The first, referred to as the Commenters should address any of listing ASTM C390 as an optional ‘‘prescriptive’’ method, predicts R-value adverse impacts associated with the method are unclear. Manufacturers are after five years, while the second, the proposed removal of the reference to the responsible for ensuring their products ‘‘research’’ method, calculates R-value GSA standard, the impacts from the comply with the Rule’s testing, at any point in the insulation’s life. continued absence of a specific FTC- tolerance, and labeling provisions. They Because the life of these insulation mandated aging test, whether the Rule must also ensure that their advertised R- products is generally much longer than should identify ASTM C1303 and CAN/ values are consistent with their test five years, the prescriptive method does ULC S770 as a safe harbor, the identity results and that their products perform not fully reflect the impacts of aging on and reliability of any tests (other than as advertised, within the Rule’s R-values. To reduce confusion and ASTM C1303 and CAN/ULC S770) parameters. Nothing in the Rule potential deception, AFM recommended currently used by various manufacturers prohibits manufacturers from using the Commission either require industry to comply with the Rule’s aging ASTM C390 to help them meet these disclosure of the test’s predicted R-value requirement, and whether the requirements. at a 25-year period under the research Commission should provide any G. Mean Temperature method or allow the five-year figure additional clarification regarding the from the prescriptive method with a aging requirement. Background: Since its promulgation mandatory disclosure such as ‘‘This in 1979, section 460.5 of the Rule has product will have an R-value lower than F. Tolerance, Sampling, and Inspection required R-value testing at a 75 °F mean the stated R-value after 5 years.’’ XPSA Background: In the ANPR, the temperature for most insulation recommended the Rule require Commission sought comment on the products. In initially issuing this measurement of the product’s R-value Rule’s testing requirements, including requirement, the Commission explained over its serviceable life and not merely the ‘‘tolerance’’ provision. The Rule’s that ‘‘[t]he choice of this particular a five-year estimate. principal testing provision (§ 460.5) lists temperature is based on a significant XPSA raised two additional concerns. the ASTM test procedures that industry volume of record evidence that 75 °F is It warned that adopting C1303 or CAN/ members must use to derive R-values. already a widely-used test temperature ULC S770 would eliminate the use of The tolerance provision (§ 460.8) states and is incorporated in many voluntary C177 as a ‘‘referee method’’ to address that no individual insulation specimen industry standards and federal disputed thermal values. Additionally, can have an R-value more than 10% procurement specifications.’’ 58 Section it argued that, since these tests do not below the rating displayed on the 460.5 requires testing at a 50 °F address foams that incorporate pentane product’s label. The Commission temperature differential (i.e., the as a blowing agent, their adoption developed this provision as an difference between the hot and cold would create an unfair advantage for alternative to more detailed quality surface during testing). such products. control standards. A violation of this Comments: Some commenters (e.g., Finally, several commenters (AFM, provision indicates that the AFM, EPS Industry Alliance, and EPS Industry Alliance, and ACC) manufacturer’s quality control Icynene) recommended the Rule address recommended deletion of Rule procedures are insufficient to insulation performance at mean references to the obsolete HH–I–530A reasonably assure consumers they are temperatures lower than 75 °F. As (GSA Standard). ACC explained that it receiving the represented R-value. The discussed below, they suggested the is an ‘‘an outdated and unnecessary provision does not give industry a Commission consider either requiring method for aging foam insulation license to inflate their R-values above an additional R-value disclosure at a specimens.’’ the amount determined through R-value low mean temperature or requiring Discussion: The Commission plans to testing. Instead, under the Rule, stated disclosures about the cold weather continue requiring tests on cellular R-values on labels and advertisements performance of certain insulations. plastic insulations that fully reflect must reflect the results of tests These commenters raised concerns aging on the product’s R-value, as performed in accordance with the Rule. that the Rule’s current mean currently indicated in section 460.5. In Comments: No commenter addressed temperature does not reflect typical addition, the Commission proposes the Rule’s tolerance provision. However, conditions. For instance, EPS Industry eliminating the Rule’s reference to the NAIMA requested that the Commission Alliance argued that the 75 °F mean rescinded GSA aging standard, which identify ASTM C390 (‘‘Standard temperature is not a representative appears to be obsolete. However, for the Practice for Sampling and Acceptance of condition for most consumer reasons discussed below, the Thermal Insulation Lots’’) as an optional applications. Similarly, AFM contended Commission does not propose requiring testing method for all insulation that the 75 °F mean is most typical of industry to use only ASTM C1303 or products. NAIMA stated that this CAN/ULC S770 to measure aging. standard’s sampling and inspection asked whether the tolerance requirement should be The record demonstrates that written in terms of density to cover field provisions provide purchasers a enforcement. However, it offered no details significant disagreements remain about 57 practical level of quality assurance. regarding such an amendment or whether such various aspects of ASTM C1303 and prescriptive requirements in the Rule is necessary CAN/ULC S770, including their 57 Icynene noted that R-value is not easily to address ongoing deception in the market. accuracy, scope of coverage, and measured in the field for spray foam insulation and 58 44 FR at 50227.

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warm climates and thus not suggest. Although useful information thickness of the air spaces; and the R- representative of conditions commonly may be derived by testing at multiple value provided by that system when the associated with ‘‘residential home temperatures, the Commission direction of heat flow is up, down, and heating and cooling needs.’’ Icynene concludes that requiring additional tests horizontal. added that insulation used in a warm would increase the burden to The Rule also covers radiant barrier climate should be tested at a higher manufacturers without a corresponding insulations, which are generally temperature, while insulation used in a benefit to consumers. Specifically, it is installed in attics facing the open colder climate should be tested at a not clear that two disclosures would airspace. However, as the Commission lower temperature. adequately represent the variety of has stated, R-value claims are not In addition, AFM and EPS Industry temperatures to which insulation may appropriate for these products because Alliance explained that some be exposed. Moreover, it is unclear no generally accepted test procedure insulations have much lower R-values whether multiple R-value disclosures exists to determine their R-value.64 under cold conditions, a fact not would improve consumer Comments: XPSA raised several revealed from the R-values derived with understanding of the energy efficiency issues about reflective insulation a 75 °F mean nor disclosed on FTC- of insulation products. For example, marketing. Specifically, it argued that required labels. According to EPS would consumers put more weight on reflective insulation sellers do not have Industry Alliance, some insulation lost the prevailing mean temperature in their adequate performance standards, 15% of their R-value at a 40 °F mean area, the extreme temperatures for their provide insufficient information to temperature. In its view, the failure to area, or some other factor? Thus, consumers about installation, or use require the affirmative disclosure of multiple disclosures may result in inadequate existing test methods. In such differences misleads consumers consumer confusion or discourage addition, XPSA recommended the and frustrates the Rule’s purpose.59 To consumers from using R-values in their Commission change the Rule’s address this issue, both AFM and EPS purchases. Therefore, the Commission terminology for these products and add Industry Alliance suggested the Rule declines to revise the Rule to require language stating that these products are require testing and disclosures at a 40 °F testing at mean temperatures other than not ‘‘insulation.’’ mean temperature in addition to the 75 °F. Finally, nothing in the FTC Act XPSA explained that reflective disclosures derived from a 75 °F mean. or the Rule prohibits sellers from insulation performance heavily relies on Alternatively, AFM and EPS Industry promoting their products’ performance proper installation and use. Specifically, Alliance suggested the Commission in low temperatures in their advertising. according to XPSA, R-value claims for consider a new mandatory disclosure If a seller’s products have better R- reflective insulations require sealed air for products that exhibit lower values at values than others at low temperatures, spaces with little leakage and proper cold temperatures (e.g., when tested at they may make truthful, substantiated configuration to match specific heat a 40 °F mean temperature). For example, comparative claims conveying their flow direction for horizontal air-space AFM recommended the following products’ advantages.61 The applications. Though such conditions statement: ‘‘This product has an R-value Commission seeks further comment on exist during testing, XPSA indicated lower than the stated R-value in cold these issues. that sellers do not always adequately conditions.’’ disclose the installation instructions Discussion: The Commission does not H. Disclosures for Reflective Insulation needed for such conditions. Without propose revising the Rule’s mean test Background: Reflective insulations, clear, comprehensive instructions, temperature requirement, nor does it primarily aluminum foils, work by consumers may improperly install these propose requiring specific affirmative reducing heat transfer when installed products and fail to achieve the disclosures for insulation products that facing an airspace. The Rule requires represented thermal performance. In may exhibit lower R-values at low reflective insulation manufacturers to XPSA’s opinion, the lack of such temperatures. Given the temperature use specific tests to determine R-values, information ‘‘opens the door for differences throughout the country, no and to disclose those ratings to unreasonable claims or misguided one temperature is likely to be consumers for particular applications.62 applications which create a deterrent to sufficiently representative of consumer Section 460.5(c) requires industry the competitive and appropriate use of experiences.60 To address this problem, members to test single sheet systems these materials.’’ XPSA therefore the Commission could require two R- using ASTM E 408–71 (‘‘Standard Test recommended the ‘‘reflective value disclosures, derived at two Methods for Total Normal Emittance of insulation’’ industry provide additional separate mean temperatures, or require Surfaces Using Inspection-Meter guidance about testing, the air spaces additional disclosures for products that Techniques’’), or ASTM C 1371–04a necessary to achieve the claimed exhibit decreased R-values at lower (‘‘Standard Test Method for performance, the long-term emissivity of temperatures as some commenters Determination of Emittance of Materials reflective surfaces, and the direction of Near Room Temperature Using Portable heat flow effects on the claimed R-value 59 EPS Industry Alliance explained that the Emissometers’’).63 Section 460.12 of the for different seasons.65 National Fenestration Rating Council (NFRC) Rule also requires that labels for XPSA further noted that reflective requires that product labels for windows report ° reflective insulation include ‘‘. . . the products installed behind siding thermal transmission at 35 F mean temperature. ‘‘should not be considered reflective 60 In initially issuing the Rule, the Commission number of foil sheets; the number and did not attempt to specify a mean test temperature insulation’’ because of the significant air representative of any particular geographical region 61 See 68 FR at 41878–41879. exchange in those applications.66 The or season. Indeed, it reasoned that any attempt to 62 See 64 FR 48024, 48038–48039 (Sep. 1, 1999). Rule and test procedures, however, do do so would yield results inappropriate for other 63 For reflective systems with more than one not clearly identify such limitations. As regions or seasons. Accordingly, the Commission sheet, section 460.5(b) requires the use of ASTM C chose a single temperature widely used in industry 1363–97, ‘‘Standard Test Method for the Thermal 64 standards, recognizing the fact that it is not Performance of Building Assemblies by Means of a 68 FR at 41889–90. perfectly representative. See 64 FR at 48037; and 44 Hot Box Apparatus,’’ in a test panel constructed 65 XPSA claimed that the cost to such disclosures FR at 50219, 50227. In this proceeding, some according to ASTM C1224–03, ‘‘Standard should not be more than it has been for commenters contend that a 75 °F mean is not Specification for Reflective Insulation for Building manufacturers of ‘‘mass’’ insulation. representative. However, it is likely a 40 °F mean Applications,’’ and under the test conditions 66 Citing to Chapter 26 of the 2013 ASHRAE is probably similarly unrepresentative. specified in ASTM C1224–03. Handbook of Fundamentals (page 26.12).

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a result, many of these products are products are not necessarily should future evidence indicate installed in spaces with significant ‘‘aluminum’’ (a term used in the Rule) persistent, deceptive installation claims airflow, eroding their thermal but are rather products that generally regarding these products, the performance. According to XPSA, have a high emissivity value, regardless Commission may consider whether guidance regarding these issues has of whether they are aluminum or additional Rule provisions are needed to appeared ‘‘by consensus with newly another material. XPSA suggested the protect consumers. added criteria and limitations to the term ‘‘reflective film’’ instead. The Commission also does not 2016 ASHRAE Standard 90.1, Section Finally, XPSA asked the Commission propose changes to the current testing 9.4.’’ 67 to clarify that radiant barriers and requirements for these reflective XPSA also alleged that the reflective radiation control coatings are not insulations. Although XPSA claimed insulation industry ‘‘has not produced insulation. Like other excluded that some industry members adequate performance standards or products, such as storm windows and misunderstand certain aspects of ASTM research to guide the industry in the use doors, radiant barriers and radiation C1363, there is no clear evidence that of these products to ensure that false or control coatings behave differently from this test, which the Rule has required exaggerated claims or inappropriate mass insulation products in different since 1979, is defective or opens the applications are not made.’’ In addition, climates.69 In addition, XPSA explained door to false or misleading claims. In it asserted that the industry has not that existing tests do not generate R- addition, the Commission does not provided data related to product aging, values for these products or quantify generally develop or modify test including the impacts of dust their benefits in all applications. procedures. Instead, the Rule accumulation and water pitting on long- Therefore, it urged the FTC to provide incorporates consensus industry term performance.68 XPSA urged the guidance indicating that energy savings standards developed by ASTM and Commission to request this data or ‘‘not for radiant barrier products are not ‘‘in similar bodies that have the required allow R-value to be claimed for the any way equivalent to that of insulation expertise to address improvements in airspaces associated with these products bearing an R-value.’’ test methods. products.’’ At a minimum, XPSA Discussion: The Commission does not Furthermore, the Commission does recommended these products ‘‘include propose any new requirements related not propose to remove the term transparent statements’’ about air space to reflective insulations. The Rule ‘‘insulation’’ from the Rule as a construction, the placement of the air already requires labels for these descriptor for these products. The barrier in relationship to the airspace products to disclose the number and record provides no clear evidence that and other building envelope enclosure thickness of the air spaces and the R- the term confuses consumers or should components, the effects of heat flow value provided by that system otherwise be changed. In fact, direction in relation to airspace depending on whether the direction of ‘‘reflective insulation’’ is the term heat flow is up, down, or horizontal. In orientation, and the expected rate of routinely used in ASTM procedures as addition, the Rule requires disclosures degraded performance over time. These well as in Department of Energy related to proper installation. 70 factors, in its view, are known to publications. While the Commission Specifically, labels must contain the significantly affect the reflective does not propose to change references to statement: ‘‘To get the marked R-value, insulation performance and thus should ‘‘insulation,’’ it seeks comment on it is essential that this insulation be be disclosed. whether to replace the term installed properly. If you do it yourself, In addition, XPSA asked the ‘‘aluminum’’ with ‘‘reflective material’’ follow the instructions carefully.’’ If Commission to reconsider use of the or a similar term because these instructions are not included, the labels term ‘‘reflective insulation.’’ In its insulation systems may not always require a statement that ‘‘To get the involve aluminum. opinion, the term potentially deceives marked R-value, it is essential that this consumers by implying that reflective Finally, the Commission does not insulation be installed properly. If you propose to require warnings that radiant products deliver the same conductive do it yourself, get instructions and thermal resistance as mass insulation. In barriers and radiant control coatings are follow them carefully. Instructions do not ‘‘insulation.’’ It is unclear whether fact, according to XPSA, these products not come with this package.’’ perform differently from mass such statements would benefit Absent evidence of a clear pattern of consumers or even how they would insulation, and using the term deceptive practices or flaws in current ‘‘insulation’’ tends to obscure the interpret such a disclosure. requirements, the Commission does not Nevertheless, as the Commission has important differences between the two propose adding additional regulatory products. It also argued that these stated, R-value claims are not requirements. Because installation often appropriate for radiant barrier reflective involves issues specific to particular insulations, and sellers of radiant 67 XPSA also noted recent Environmental product types, instructions may vary Protection Agency (EPA) efforts to address these barriers, reflective coatings, and similar issues in the Energy Star program. from product to product. Therefore, the products must have competent and 68 XPSA also argued that some market Rule does not generally mandate reliable scientific evidence to participants misunderstand the air-flow provisions specific installation instructions for substantiate any energy savings claims in ASTM C1363. According to XPSA, the insulation products. Moreover, Section 71 procedure’s airflow provisions assure the mixing of they make. air in the test chamber. However, some understand 5 of the FTC Act already addresses these provisions to replicate or simulate air- deceptive claims. If industry sellers I. Updating Test References exchange across or within portions of the tested make deceptive claims concerning Background and Comments: In the assemblies. See ASTM C1363, Appendix X1. This installation instructions, the FTC could ANPR, the Commission asked whether concern is primarily an issue when evaluating bring an enforcement action alleging whether or not air spaces within an assembly will result in the desired or claimed performance. XPSA violations of Section 5. Moreover, 70 See, e.g., ASTM C1224–03, ‘‘Standard suggested the development of a new test method or Specification for Reflective Insulation for Building the inclusion of appropriate air exchange rates on 69 XPSA noted that the EPA’s Energy Star Applications;’’ and ‘‘Insulation Fact Sheet,’’ airspaces during ASTM C1363 testing. In its view, program excludes radiant barriers, in part, because Department of Energy, DOE/CE–0180, 2008 at such changes will ensure that claimed reflective these products are not assigned an R-value and their https://www1.eere.energy.gov/library/pdfs/ airspace R-values are reasonably consistent with cost effectiveness is ‘‘highly variable across climate insulation_fact_sheet.pdf. end-use conditions likely to affect thermal value. zones and across various installation scenarios.’’ 71 68 FR at 41890.

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it should amend the Rule to update the the air duct during installation, causing ‘‘space-constrained’’ as any tests currently incorporated by significant compression at the edges of communication made through reference. Under section 460.7, the the duct,’’ while mineral wool batts, interactive media (such as the internet, Commission will accept, but not when installed properly, are not online services, and software, including require, the use of a revised version of similarly compressed. In fact, but not limited to internet search results any of these standards 90 days after commenters at the time indicated that and banner ads) that has space, format, ASTM adopts and publishes the special disclosures for such products size or technological limitations or revision. The Commission may, would ‘‘be overly simplified’’ and restrictions that effectively prevent however, reopen the rulemaking would apply only to the performance of marketers from making the required proceeding during the 90-day period, or improperly installed insulation. The disclosures. Industry members would at any later time, to consider whether it Commission has determined not to alter have the burden of showing that there should require use of the revised this original determination based on the is insufficient space for the required standards or reject them under section information in new comments.74 disclosure. This amendment would 460.5.72 Two commenters (Icynene and appear to reduce burden on companies ACC) recommended the Commission K. Limited Format Disclosures without decreasing the Rule’s update the referenced tests. ACC further Background and Comments: NAIMA effectiveness. The Commission seeks recommended the Rule allow for ‘‘the urged the Commission to exempt comments on this proposal. continual incorporation of new or Twitter and mobile sources from Rule L. Distribution of Fact Sheets amended consensus-based material provisions requiring insulation specifications.’’ It explained that the advertisements to contain statements Background and Comments: current Rule requires outdated such as ‘‘Savings vary. Find out why in Commenter Robin Turk argued that the specifications and may create a the seller’s fact sheet on R-values. Rule should require sellers to give a disincentive to improve existing Higher R-values mean greater insulating copy of their fact sheets to consumers standards. power.’’ 75 NAIMA explained that instead of merely ‘‘showing’’ the fact Discussion: The Commission proposes disclosures of such length are not suited sheets as currently required by sections to update section 460.5 reflect the most to smaller formats. In addition, it noted 460.14 and 460.15. Turk recommended recent versions of the ASTM test that the Rule already exempts radio and consumers ‘‘sign off’’ on the fact they procedures. It also proposes to remove television advertisements from these received the sheet and acknowledge section 460.7 to eliminate automatic disclosures. Like those formats, NAIMA they were made aware of the R-value updates to the ASTM test procedures argued that Twitter and mobile source requirements under the building code. incorporated by reference in the Rule. advertising ‘‘demand pithy and concise The Commission is not proposing these Doing so ensures the Rule is consistent messages—clever enough to catch the amendments. It is not clear the Rule’s with the Office of Federal Register audience’s attention in a very short current approach results in consumers (OFR) regulations. Specifically, OFR amount of time.’’ receiving inadequate information. requires that incorporation by reference Discussion: The Commission agrees Moreover, the suggested approach is ‘‘limited to the edition of the that the required disclosures may be would impose burdens on industry, and publication that is approved. Future infeasible or impractical for some it is not clear the benefits of the amendments or revisions of the methods of advertising. Therefore, the approach would justify such burdens. 73 publication are not included.’’ The Commission proposes to amend the M. Efficiency Claims for New Homes proposed amendment will also ensure Rule to exempt space-constrained that the Rule provides notice and an advertising from the required Background and Comment: NAIMA opportunity to comment on test updates disclosures in sections 460.18 and recommended that sellers who advertise before they are incorporated into the 460.19. The Rule already excludes homes as ‘‘energy efficient’’ disclose the regulation. The Commission television and radio advertising from basis for such claims, including ‘‘the periodically will review the test the more detailed disclosures products used (appliances, insulation, procedures incorporated by reference to requirements because meaningful windows), the R-value of the products ensure the Rule contains the most recent disclosures are probably not effective in used, and the location in the home in which they were used.’’ NAIMA argued versions. those media.76 The same rationale that such disclosures would prevent would seem to apply to space- J. Fibrous Insulation sellers from misleading buyers with constrained advertisements in Twitter unsubstantiated claims. Background and Comments: ACC and and mobile sources. Discussion: The Commission does not Icynene suggested the Rule’s Accordingly, the Commission propose to amend the Rule to cover compression warning, currently proposes to exempt any ‘‘space- ‘‘energy efficient’’ claims for homes. applicable to duct insulation constrained advertisement’’ from the Such a change would substantially (§ 460.13(d)), should also apply to all disclosures in sections 460.18 and expand the Rule’s scope. Energy fibrous insulation because compression 460.19. The proposed Rule defines is not unique to air duct insulation. efficiency claims for homes involve Discussion: The Commission does not 74 44 FR at 50231. Icynene also questioned the many factors, including air sealing, propose to change the fact sheet basis for the Rule’s exclusion of pipe insulation. In windows, appliances, lighting, and disclosure related to compression. promulgating the original Rule, the Commission HVAC equipment. The number of When the Rule was first promulgated in noted that, although it can serve to reduce heat loss, variables thus requires a case-by-case pipe insulation is used primarily to prevent 1979, the Commission considered condensation on low-temperature pipelines. See 44 analysis of a home’s components. Such compression disclosures for both air FR at 50238, n. 170 (‘‘Pipe insulation . . . has variables make it difficult to provide a duct and other insulations. In issuing unique qualities....’’); and Final Staff Report to broad disclosure that would be the final Rule, it explained that air duct the Federal Trade Commission and Proposed Trade generally meaningful. For example, Regulation Rule (16 CFR part 460), July 1978 (‘‘Staff insulation ‘‘must be wrapped around Report’’) at 21, 188. certain factors, such as significant air 75 16 CFR 460.19(b). leakage, can substantially limit the 72 61 FR at 13663. 76 See 70 FR at 31271; 51 FR 39650 (Oct. 30, benefits of high efficiency heating and 73 See 1 CFR 51.1(f). 1986). cooling equipment, appliances, and

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windows. Furthermore, Section 5 of the linear,’’ when, in fact, they often are not. create consumer confusion.83 FTC Act already covers such home For most insulation, R-value does not Furthermore, the Rule itself does not energy representations, and the increase proportionally with thickness. include the term ‘‘linear,’’ which Commission can bring enforcement Accordingly, unqualified R-value per NAIMA identifies as particularly actions when appropriate to address inch claims are often deceptive.80 confusing. The Commission will deceptive claims.77 Finally, commenters Comments: NAIMA recommended the consider whether to issue additional provided no evidence that deceptive Commission amend the Rule to clarify consumer and business education claims regarding home energy efficiency the rationale for the R-value per inch materials relating to R-value per inch were prevalent in the housing market to prohibitions in section 460.20. Although claims. warrant the Rule’s expansion.78 NAIMA supported the existing restrictions, it suggested that many P. Preemption and Other Laws N. Acoustic Performance Claims consumers do not understand that the Background: Section 460.23(b) of the Background and Comments: NAIMA relation between R-value and inches is Rule provides that ‘‘[s]tate and local also urged the Commission to expand not linear. Specifically, NAIMA argued laws and regulations that are the Rule to cover acoustic performance the Commission’s focus on the term inconsistent with, or frustrate the claims for insulation. According to ‘‘linear’’ may be confusing. Accordingly, purposes of, the provisions of this NAIMA, these claims have increased, it recommended new Rule language regulation are preempted. However, a and a recent National Advertising stating that, while adding thickness may state or local government may petition Division (‘‘NAD’’) case addresses increase the total R-value, each added the Commission, for good cause, to them.79 Specifically, NAIMA inch will not add the same ‘‘amount’’ of permit the enforcement of any part of a recommended the Rule require R-value. It also cited a recent NAD case, State or local law or regulation that ‘‘manufacturers to have competent and rejecting a challenge to an R-value per would be preempted by this section.’’ reliable test data per appropriate ASTM inch claim because of the lack of Comments: NAIMA urged the methods’’ to support such claims. consumer perception evidence Commission to retain the Rule’s Discussion: The Commission does not indicating consumers believe the preemption provision and, to the extent propose to expand the Rule to cover relationship between R-value and possible, clarify it. Specifically, it noted acoustic performance claims because it thickness is linear. NAIMA noted that that the Rule (section 460.23(b)) allows lacks evidence regarding the prevalence the FTC has long assumed this to be the a state or local government to petition of misleading acoustical performance case because the Rule’s ‘‘per inch’’ the Commission, for good cause, ‘‘to claims. In addition, as with energy section rests on that understanding.81 permit the enforcement of any part of a efficiency claims, Section 5 of the FTC Recommendation: The Commission State or local law or regulation that Act already requires manufacturers to declines to propose amendments to would be preempted by this section.’’ substantiate any claims regarding section 460.20. When it adopted this NAIMA urged the FTC to revise the insulation’s acoustic performance, and provision, the Commission recognized Rule to make clear that the Commission the FTC may bring enforcement actions that many consumers believed the will provide the public and the affected against those who violate Section 5. relationship between R-value and industry with notice and opportunity to O. R-Value per Inch Claims thickness was linear, particularly when comment before the Commission makes interpreting certain claims (i.e., per inch 84 Background: Section 460.20 of the any decision to waive preemption. claims). Specifically, in first issuing this Discussion: The Commission does not Rule prohibits R-value per inch claims provision, the Commission explained unless test results prove that the propose to amend the existing that misleading ‘‘references to the R- product’s R-value per inch does not preemption provision. The Commission value for a one-inch thickness of the drop at greater thicknesses. The has already indicated that it will seek material will encourage consumers to Commission previously explained that public comment when considering such think that it is appropriate to multiply the basis for this provision is that R- preemption-related requests from states, this figure by the desired number of value per inch claims lead ‘‘consumers just as NAIMA has requested. inches, as though the R-value per inch to believe that insulation R-values are Specifically, in promulgating the Rule was constant.’’ 82 However, there is in 1979 (44 FR at 50235), the insufficient evidence to indicate that the 77 In past cases, the Commission has required that Commission stated that any action to marketers have competent and reliable scientific Rule’s current language is ambiguous or evidence to support their energy savings claims. confusing. Section 460.20 simply 83 For example, some products may, in fact, See, e.g., In re Gorell Enterprises Inc., FTC File No. explains that industry members should exhibit a linear relationship between R-value and 112–3053 (May 16, 2012); In re Long Fence & Home not advertise R-value for one inch or the thickness. Indeed, in the case noted by NAIMA, LLLP, FTC File No. 112–3005 (Apr. 5, 2012); In re NAD concluded the company in question Serious Energy Inc., FTC File No. 112–3001 (May ‘‘R-value per inch’’ unless ‘‘actual test ‘‘provided a reasonable basis for its ‘R-value per 16, 2012); In re THV Holdings LLC, FTC File No. results prove that the R-values per inch inch claims,’ noting that the evidence in the record 112–3057 (May 16, 2012); and In re Winchester of your product does not drop as it gets supports a finding that [the company’s] cellulose Industries, FTC File No. 102–3171 (May 16, 2012). thicker.’’ The Commission declines to insulation meets the exception to the FTC’s R-value In addition, the Commission already administers rule and therefore . . . is not prohibited by that rule labeling programs for the energy use of many revise this language as suggested from making ‘R-value per inch’ claims.’’ See http:// products important to home efficiency. 16 CFR part because the explanatory language www.asrcreviews.org/nad-recommends-applegate- 305. proposed by NAIMA may not apply to discontinue-certain-claims-for-cellulose-insulation- 78 The Commission may not issue a notice of all insulation products and thus may finds-company-can-support-certain-claims/. proposed rulemaking unless it has ‘‘reason to 84 XPSA and EPS Alliance also expressed concern believe that the unfair or deceptive acts or practices about an ongoing Department of Energy proceeding which are the subject of the proposed rulemaking 80 44 FR at 50234. involving efficiency standards for walk-in coolers are prevalent.’’ 15 U.S.C. 57a(b)(3). The 81 Icynene asked whether section 460.6 translates and freezers. XPSA explained that the proposed Commission may find prevalence where available into a minimum or an average thickness required DOE regulation is potentially inconsistent with the information ‘‘indicates a widespread pattern of for spray in or blown in products. On its face, the International Energy Conservation Code for unfair or deceptive acts or practices.’’ Id. at provision does not exclude such products. In Commercial Buildings (Section C303.1.4), which 57a(b)(3)(B). addition, in initially issuing the provision, the follows the FTC R-value Rule on the issues of aging 79 See Applegate Insulation (Cellulose Insulation Commission discussed its application to loose fill and mean temperatures. XPSA and other Products), Case #5961, NAD/CARY Case reports products. See 44 FR at 50226. commenters have brought these concerns to DOE’s (June 2016). 82 44 FR at 50234. attention in that proceeding.

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grant such a petition will be conducted debit card number. You are also solely arguments on whether the Commission in accordance with 5 U.S.C. 553, responsible for making sure that your should amend the Rule. Because written providing notice and opportunity to comment does not include any sensitive comments should adequately present comment for affected parties. health information, such as medical the views of all interested parties, the records or other individually Commission is not scheduling a public H. Effective Date of Amendments identifiable health information. In hearing or workshop. However, if any The Commission proposes to make addition, your comment should not person would like to present views these amendments effective 180 days include any ‘‘[t]rade secret or any orally, he or she should follow the after publication. The Commission seeks commercial or financial information procedures set forth in the DATES, comment on whether such an effective which is . . . privileged or ADDRESSES, and SUPPLEMENTARY date provides those subject to the confidential’’—as provided by section INFORMATION sections of this document. amendments sufficient time to come 6(f) of the FTC Act, 15 U.S.C. 46(f), and Pursuant to 16 CFR 1.20, the into compliance. FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— Commission will use the procedures set IV. Request for Comment including in particular competitively forth in this document, including: (1) sensitive information such as costs, Publishing this Notice of Proposed You can file a comment online or on sales statistics, inventories, formulas, Rulemaking; (2) soliciting written paper. For the Commission to consider patterns, devices, manufacturing comments on the Commission’s your comment, we must receive it on or processes, or customer names. proposals to amend the Rule; (3) before March 23, 2018. Write ‘‘R-value Comments containing material for holding an informal hearing such as a Rule (No. R811001)’’ on your comment. which confidential treatment is workshop, if requested by interested Your comment—including your name requested must be filed in paper form, parties; (4) obtaining a final and your state—will be placed on the must be clearly labeled ‘‘Confidential,’’ recommendation from staff; and (5) public record of this proceeding, and must comply with FTC Rule 4.9(c). announcing final Commission action in including, to the extent practicable, on In particular, the written request for a document published in the Federal the public FTC website, at https:// confidential treatment that accompanies Register. Any motions or petitions in www.ftc.gov/policy/public-comments. the comment must include the factual connection with this proceeding must Postal mail addressed to the and legal basis for the request, and must be filed with the Secretary of the Commission is subject to delay due to identify the specific portions of the Commission. heightened security screening. As a comment to be withheld from the public VI. Regulatory Flexibility Act result, we encourage you to submit your record. See FTC Rule 4.9(c). Your comments online. To make sure that the comment will be kept confidential only The Regulatory Flexibility Act (RFA), Commission considers your online if the FTC General Counsel grants your 5 U.S.C. 601 through 612, requires that comment, you must file it at https:// request in accordance with the law and the Commission provide an Initial ftcpublic.commentworks.com/ftc/R- the public interest. Once your comment Regulatory Flexibility Analysis (IRFA) value, by following the instruction on has been posted on the public FTC with a proposed rule and a Final the web-based form. When this Notice website—as legally required by FTC Regulatory Flexibility Analysis (FRFA), appears at http://www.regulations.gov, Rule 4.9(b)—we cannot redact or if any, with the final rule, unless the you also may file a comment through remove your comment from the FTC Commission certifies that the rule will that website. website, unless you submit a not have a significant economic impact If you file your comment on paper, confidentiality request that meets the on a substantial number of small ‘‘R-value Rule (No. R811001)’’ on your requirements for such treatment under entities. See 5 U.S.C. 603 through 605. comment and on the envelope, and mail FTC Rule 4.9(c), and the General The Commission does not anticipate your comment to the following address: Counsel grants that request. that the proposed amendments will Federal Trade Commission, Office of the Visit the FTC website to read this have a significant economic impact on Secretary, 600 Pennsylvania Avenue NPRM and the news release describing a substantial number of small entities. NW, Suite CC–5610 (Annex E), it. The FTC Act and other laws that the The Commission recognizes that some Washington, DC 20580, or deliver your Commission administers permit the of the affected manufacturers may comment to the following address: collection of public comments to qualify as small businesses under the Federal Trade Commission, Office of the consider and use in this proceeding, as relevant thresholds. Because the R-value Secretary, Constitution Center, 400 7th appropriate. The Commission will Rule covers home insulation Street SW, 5th Floor, Suite 5610 (Annex consider all timely and responsive manufacturers and retailers, E), Washington, DC 20024. If possible, public comments that it receives on or professional installers, new home please submit your paper comment to before March 23, 2018. You can find sellers, and testing laboratories, the the Commission by courier or overnight more information, including routine Commission believes that any service. uses permitted by the Privacy Act, in amendments to the Rule may affect a Because your comment will be placed the Commission’s privacy policy at substantial number of small businesses. on the publicly accessible FTC website https://www.ftc.gov/site-information/ However, the Commission does not at https://www.ftc.gov, you are solely privacy-policy. expect that the economic impact of the responsible for making sure that your proposed amendments will be comment does not include any sensitive V. Rulemaking Procedures significant because these amendments or confidential information. In The Commission finds that using involve updates, clarifications and particular, your comment should not expedited procedures in this rulemaking minor changes to the Rule. include any sensitive personal will serve the public interest. Expedited Accordingly, this document serves as information, such as your or anyone procedures will support the notice to the Small Business else’s Social Security number; date of Commission’s goals of clarifying and Administration of the FTC’s birth; driver’s license number or other updating existing regulations without certification of no effect. To ensure the state identification number, or foreign undue expenditure of resources, while accuracy of this certification, however, country equivalent; passport number; ensuring that the public has an the Commission requests comment on financial account number; or credit or opportunity to submit data, views, and whether the proposed rule will have a

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significant impact on a substantial E. Duplicative, Overlapping, or amendments designed to clarify the number of small entities, including Conflicting Federal Rules Rule, reduce its burdens, and require specific information on the number of The Commission has not identified specific testing procedures for non- entities that would be covered by the any other federal statutes, rules, or insulation products. In the proposed rule, the number of these policies that would duplicate, overlap, Commission’s view, the proposed companies that are small entities, and or conflict with the proposed rule. The amendments will not increase the the average annual burden for each Commission invites comment and paperwork burden associated with the entity. Although the Commission information on this issue. Rule’s requirements. Under the current certifies under the RFA that the rule requirements, any marketer making an F. Significant Alternatives to the R-value claim must have competent and proposed in this notice would not, if Proposed Rule promulgated, have a significant impact reliable evidence to back that claim. on a substantial number of small The Commission seeks comment and Accordingly, it is likely that such marketers already conduct testing for entities, the Commission has information on the need, if any, for alternative compliance methods that, claims under the normal course of determined, nonetheless, that it is consistent with the statutory business. Thus, the proposed appropriate to publish an IRFA in order requirements, would reduce the requirement should not increase those to inquire into the impact of the economic impact of the rule on small burdens. Similarly, with regard to proposed rule on small entities. entities. For example, the Commission online insulation sales and fact sheet Therefore, the Commission has prepared is currently unaware of the need to amendments, the Rule already requires the following analysis: adopt any special provisions for small retailers to provide fact sheets to their A. Description of the Reasons That entities. However, if such issues are consumers. Accordingly, the Action by the Agency Is Being Taken identified, the Commission could amendments regarding the small consider alternative approaches such as changes to fact sheets and online The Commission is proposing extending the effective date of these displays of fact sheets and labels should improvements to the Rule to help amendments for catalog sellers to allow not create any significant increase in the consumers in their purchasing them additional time to comply beyond Rule’s current burden. In addition, any insulation by clarifying several the labeling deadline set for potential increase from those provisions, updating requirements, manufacturers. Nonetheless, if the amendments is likely to be offset by the ensuring proper test procedures are comments filed in response to this amendment exempting space- followed to determine the R-values of notice identify small entities that are constrained advertising from the affected by the proposed rule, as well as covered products, and exempting affirmative disclosures in section 460.18 alternative methods of compliance that 86 certain types of advertising from and 460.19. would reduce the economic impact of affirmative disclosures. Consequently, there are no additional the rule on such entities, the ‘‘collection of information’’ B. Statement of the Objectives of, and Commission will consider the feasibility requirements included in the proposed Legal Basis for, the Proposed Rule of such alternatives and determine amendments to submit to OMB for whether they should be incorporated clearance under the Paperwork The objective of the amendments is to into the final rule. Reduction Act. Although the improve the existing requirements for VII. Paperwork Reduction Act Commission has tentatively concluded insulation labeling and advertising. The the proposed amendments would not legal basis for the Rule is 15 U.S.C. 41 The current Rule contains increase the paperwork burden et seq. recordkeeping, disclosure, testing, and associated with compliance with the reporting requirements that constitute Rule, to ensure that no significant C. Small Entities to Which the Proposed information collection requirements as paperwork burden is being overlooked, Rule Will Apply defined by 5 CFR 1320.3(c), the the Commission requests comments on definitional provision within the Office this issue. Because the R-value Rule covers home of Management and Budget (OMB) insulation manufacturers and retailers, regulations that implement the VIII. Communications by Outside professional installers, new home Paperwork Reduction Act (PRA). OMB Parties to the Commissioners or Their sellers, and testing laboratories, the has approved the Rule’s existing Advisors Commission believes that any information collection requirements Pursuant to Commission Rule amendments to the Rule may affect a through January 31, 2018 (OMB Control 1.18(c)(1), the Commission has substantial number of small businesses. No. 3084–0109). The proposed determined that communications with Nevertheless, the proposed amendments amendments make changes in the Rule’s respect to the merits of this proceeding would not appear to have a significant labeling requirements that will increase from any outside party to any economic impact upon such entities. the PRA burden as detailed below. Commissioner or Commissioner advisor The FTC seeks comment and Accordingly, FTC staff will submit this shall be subject to the following information regarding the estimated notice of proposed rulemaking and treatment. Written communications and number or nature of small business associated Supporting Statement to summaries or transcripts of oral 85 entities for which the proposed rule OMB for review under the PRA. communications shall be placed on the would have a significant economic The Commission is proposing to impact. adopt a small number of rule 86 The proposed fact sheet amendments in 460.13 do not constitute a ‘‘collection of information’’ D. Projected Reporting, Recordkeeping 85 The PRA analysis for this rulemaking focuses under the Paperwork Reduction Act of 1995 (44 and Other Compliance Requirements strictly on the information collection requirements U.S.C. 3501–3520) because they are a ‘‘public created by and/or otherwise affected by the disclosure of information originally supplied by the The changes under consideration amendments. Unaffected information collection government to the recipient for the purpose of provisions have previously been accounted for in disclosure to the public’’ as indicated in Office of would not increase reporting or past FTC analyses under the Rule and are covered Management and Budget regulations. 5 CFR recordkeeping requirements. by the current PRA clearance from OMB. 1320.3(c)(2).

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rulemaking record if the communication Properties from Steady-State Conditions Loose-Fill Building Insulation’’ is received before the end of the (published January 2014)’’ (‘‘This (published May 2014) (‘‘This test comment period on the staff report. practice is intended to provide the user method covers determination of the They shall be placed on the public with a uniform procedure for installed thickness of pneumatically record if the communication is received calculating the thermal transmission applied loose-fill building insulations later. Unless the outside party making properties of a material or system from prior to settling by simulating an open an oral communication is a member of standard test methods used to determine attic with horizontal blown Congress, such communications are heat flux and surface temperatures.’’); applications.’’); permitted only if advance notice is • ASTM C 1114–06 (Reapproved • ASTM E 408–13, ‘‘Standard Test published in the Weekly Calendar and 2013), ‘‘Standard Test Method for Methods for Total Normal Emittance of Notice of ‘‘Sunshine’’ Meetings.87 Steady-State Thermal Transmission Surfaces Using Inspection-Meter Properties by Means of the Thin-Heater Techniques (published June 2013)’’ IX. Incorporation by Reference Apparatus (published January 2014)’’ (‘‘These test methods cover Consistent with 5 U.S.C. 552(a) and 1 (‘‘This test method covers the determination of the total normal CFR part 51, the Commission proposes determination of the steady-state emittance of surfaces by means of to incorporate the specifications of the thermal transmission properties of flat- portable, as well as desktop, inspection- following documents published by the slab specimens of thermal insulation meter instruments.’’). American Society of Heating, using a thin heater of uniform power The ASHRAE Handbook and the Refrigerating and Air-Conditioning density having low lateral heat flow.’’); ASTM standards are reasonably Engineers, Inc. and ASTM • ASTM C 1149–11, ‘‘Standard available to interested parties. Members International: 88 Specification for Self-Supported Spray of the public can obtain copies of ASTM • 2017 ASHRAE Handbook— Applied Cellulosic Thermal Insulation C 177–13, ASTM C 518–15, ASTM C Fundamentals, I–P Edition (published (published August 2011)’’ (‘‘The 739–11, ASTM C 1045–07, ASTM C 2017) (ASHRAE Handbook covers basic specification covers the physical 1114–06, ASTM C 1149–11, ASTM C principles and data used in the heating, properties of self-supported spray 1224–15, ASTM C 1363–11, ASTM C ventilation, air conditioning and applied cellulosic fibers intended for 1371–15, ASTM C 1374–14, and ASTM refrigeration industry); use as thermal insulation or an E 408–13 from ASTM International, 100 • ASTM C 177–13, ‘‘Standard Test acoustical absorbent material, or both.’’); • Barr Harbor Drive, West Conshohocken, Method for Steady-State Heat Flux ASTM C 1224–15, ‘‘Standard PA 19428; telephone: 1–877–909–2786; Measurements and Thermal Specification for Reflective Insulation internet address: http://www.astm.org. Transmission Properties by Means of for Building Applications (published Members of the public can obtain copies the Guarded-Hot-Plate Apparatus November 2015)’’ (‘‘This specification of the 2017 ASHRAE Handbook— (published October 2013)’’ (‘‘This test covers the general requirements and Fundamentals, I–P Edition (2017) from covers the measurement of heat flux and physical properties of reflective ASHRAE Headquarters 1791 Tullie associated test conditions for flat insulations for use in building Circle, NE Atlanta, GA 30329; telephone specimens. The guarded-hot-plate applications.’’); (404) 636–8400; internet address: • ASTM C 1363–11, ‘‘Standard Test apparatus is generally used to measure https://www.ashrae.org. These Method for the Thermal Performance of steady-state heat flux through materials standards are also available for Building Assemblies by Means of a Hot having a ‘‘low’’ thermal conductivity inspection at the FTC Library, (202) Box Apparatus (published June 2011)’’ and commonly denoted as ‘‘thermal 326–2395 Federal Trade Commission, (‘‘This test method establishes the insulators.’’); Room H–630, 600 Pennsylvania Avenue principles for the design of a hot box • ASTM C 518–15, ‘‘Standard Test NW, Washington, DC 20580. Method for Steady-State Thermal apparatus and the minimum Transmission Properties by Means of requirements for the determination of IX. Proposed Rule Language the steady state thermal performance of the Heat Flow Meter Apparatus List of Subjects in 16 CFR Part 460 (published December 2015)’’ (‘‘This test building assemblies when exposed to Advertising, Incorporation by method covers the measurement of controlled laboratory conditions. This reference, Insulation, Labeling, steady state thermal transmission method is also used to measure the Reporting and recordkeeping through flat slab specimens using a heat thermal performance of a building requirements, Trade practices. flow meter apparatus’’); material at standardized test conditions • ASTM C 739–17, ‘‘Standard such as those required in ASTM For the reasons set out in this Specification for Cellulosic Fiber Loose- material Specifications C739, C764, document, the Commission proposes C1224 and Practice C1373.’’); adopting the following amendments to Fill Thermal Insulation’’ (August 2017) • (‘‘This specification covers the ASTM C 1371–15, ‘‘Standard Test 16 CFR part 460. composition and physical requirements Method for Determination of Emittance PART 460—LABELING AND of chemically treated, recycled of Materials Near Room Temperature ADVERTISING OF HOME INSULATION cellulosic fiber loose-fill type thermal Using Portable Emissometers (published June 2015)’’ (‘‘This test method covers a insulation for use in attics or enclosed ■ technique for determination of the 1. The authority citation for part 460 spaces in housing, and other framed continues to read as follows: buildings within the ambient emittance of opaque and highly temperature range from ¥45 to 90 °C by thermally conductive materials using a Authority: 38 Stat. 717, as amended (15 U.S.C. 41 et seq.). pneumatic or pouring application.’’); portable differential thermopile • ASTM C 1045–07 (reapproved emissometer. The purpose of the test ■ 2. Revise § 460.1 to read as follows: 2013), ‘‘Standard Practice for method is to provide a comparative § 460.1 What this regulation does. Calculating Thermal Transmission means of quantifying the emittance of materials near room temperature.’’); This regulation deals with R-value • 87 See 15 U.S.C. 57a(i)(2)(A); 16 CFR 1.18(c). ASTM C 1374–14, ‘‘Standard Test claims, as well as home insulation 88 Quoted descriptions of ASTM standards from Method for Determination of Installed labels, fact sheets, ads, and other www.astm.org. Thickness of Pneumatically Applied promotional materials in or affecting

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commerce, as ‘‘commerce’’ is defined in results. You must follow the (4) For self-supported spray-applied the Federal Trade Commission Act. If requirements of § 460.22 of this part cellulose, the tests must be done at the you are covered by this regulation, each time you make an R-value claim density determined pursuant to ASTM breaking any of its rules is an unfair and for non-insulation products marketed in C1149–11, ‘‘Standard Specification for deceptive act or practice or an unfair whole or in part to reduce residential Self-Supported Spray Applied method of competition under section 5 energy use by slowing heat flow. Cellulosic Thermal Insulation.’’ of that Act. You can be fined heavily (up ■ 6. Revise § 460.5 to read as follows: (5) For loose-fill insulations, the to the civil monetary penalty amount initial installed thickness for the specified in § 1.98 of this chapter) each § 460.5 R-value tests. product must be determined pursuant to time you break a rule. R-value measures resistance to heat ASTM C1374–04, ‘‘Standard Test ■ 3. Revise § 460.2 to read as follows: flow. R-values given in labels, fact Method for Determination of Installed sheets, ads, or other promotional Thickness of Pneumatically Applied § 460.2 What is home insulation. materials must be based on tests done Loose-Fill Building Insulation,’’ for R- Insulation is any material mainly used under the methods listed below. They values of 13, 19, 22, 30, 38, 49 and any to slow heat flow. It may be mineral or were designed by the American Society other R-values provided on the organic, fibrous, cellular, or reflective of Testing and Materials (ASTM). The product’s label pursuant to § 460.12. (aluminum foil). It may be in rigid, test methods are: (b) Single sheet systems of aluminum semirigid, flexible, or loose-fill form. (a) All types of insulation except foil must be tested with ASTM E408–13, Home insulation is for use in old or new aluminum foil must be tested with ‘‘Standard Test Methods for Total homes, condominiums, cooperatives, ASTM C177–13, ‘‘Standard Test Method Normal Emittance of Surfaces Using apartments, modular homes, or mobile for Steady-State Heat Flux Inspection-Meter Techniques,’’ or homes. It does not include pipe Measurements and Thermal ASTM C1371–15, ‘‘Standard Test insulation. It does not include any kind Transmission Properties by Means of Method for Determination of Emittance of duct insulation except for duct wrap. the Guarded-Hot-Plate Apparatus;’’ of Materials Near Room Temperature It also includes insulation developed ASTM C518–15, ‘‘Standard Test Method Using Portable Emissometers.’’ This and marketed for commercial or for Steady-State Thermal Transmission tests the emissivity of the foil—its industrial buildings that is also Properties by Means of the Heat Flow power to radiate heat. To get the R-value marketed for and used in residential Meter Apparatus;’’ ASTM C1363–11, for a specific emissivity level, air space, buildings. ‘‘Standard Test Method for the Thermal and direction of heat flow, use the tables ■ 4. Revise § 460.3 to read as follows: Performance of Building Assemblies by in ASHRAE Handbook—Fundamentals, I–P Edition, if the product is intended Means of a Hot Box Apparatus’’ or § 460.3 Who is covered. for applications that meet the conditions ASTM C1114–06, ‘‘Standard Test You are covered by this regulation if specified in the tables. You must use the Method for Steady-State Thermal you are a member of the home R-value shown for 50 degrees Transmission Properties by Means of insulation industry. This includes Fahrenheit, with a temperature the Thin-Heater Apparatus.’’ The tests individuals, firms, partnerships, and differential of 30 degrees Fahrenheit. must be done at a mean temperature of corporations. It includes manufacturers, (c) Aluminum foil systems with more 75 degrees Fahrenheit and with a distributors, franchisors, installers, than one sheet, and single sheet systems temperature differential of 50 degrees retailers, utility companies, and trade of aluminum foil that are intended for Fahrenheit plus or minus 10 degrees associations. Advertisers and applications that do not meet the Fahrenheit. The tests must be done on advertising agencies are also covered. So conditions specified in the tables in the the insulation material alone (excluding are labs doing tests for industry ASHRAE Fundamentals Handbook, any airspace). R-values (‘‘thermal members. If you sell new homes to must be tested with ASTM C1363–11, resistance’’) based upon heat flux consumers, you are covered. If you ‘‘Standard Test Method for the Thermal measurements according to ASTM make R-value claims for non-insulation Performance of Building Assemblies by C177–13 or ASTM C518–15 must be products described in § 460.22 of this Means of a Hot Box Apparatus,’’ in a reported only in accordance with the part, you are covered by the test panel constructed according to requirements and restrictions of ASTM requirements of that section. ASTM C1224–15, ‘‘Standard ■ 5. Revise § 460.4 to read as follows: C1045–07, ‘‘Standard Practice for Specification for Reflective Insulation Calculating Thermal Transmission for Building Applications,’’ and under § 460.4 When the rules apply. Properties from Steady-State the test conditions specified in ASTM You must follow these rules each time Conditions.’’ C1224–15. To get the R-value from the you import, manufacture, distribute, (1) For polyurethane, results of those tests, use the formula sell, install, promote, or label home polyisocyanurate, and extruded specified in ASTM C1224–15. insulation. You must follow them each polystyrene, the tests must be done on (d) For insulation materials with foil time you prepare, approve, place, or pay samples that fully reflect the effect of facings, you must test the R-value of the for home insulation labels, fact sheets, aging on the product’s R-value. material alone (excluding any air ads, or other promotional materials for (2) For loose-fill cellulose, the tests spaces) under the methods listed in consumer use. You must also follow must be done at the settled density paragraph (a) of this section. You can them each time you supply anyone determined under paragraph 8 of ASTM also determine the R-value of the covered by this regulation with written C739–17, ‘‘Standard Specification for material in conjunction with an air information that is to be used in labels, Cellulosic Fiber Loose-Fill Thermal space. You can use one of two methods fact sheets, ads, or other promotional Insulation.’’ to do this: materials for consumer use. Testing labs (3) For loose-fill mineral wool, self- (1) You can test the system, with its must follow the rules unless the supported, spray-applied cellulose, and air space, under ASTM C1363–11, industry members tells them, in writing, stabilized cellulose, the tests must be ‘‘Standard Test Method for the Thermal that labels, fact sheets, ads, or other done on samples that fully reflect the Performance of Building Assemblies by promotional materials for home effect of settling on the product’s R- Means of a Hot Box Apparatus,’’ which insulation will not be based on the test value. is incorporated by reference in

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paragraph (a) of this section. If you do (viii) ASTM C 1363–11, ‘‘Standard service desk, and have a sign telling this, you must follow the rules in Test Method for the Thermal customers where the fact sheets are. You paragraph (a) of this section on Performance of Building Assemblies by need not make the fact sheets available temperature, aging and settled density. Means of a Hot Box Apparatus’’ to customers if you display insulation (2) You can add up the tested R-value (published June 2011). packages on the sales floor where your of the material and the R-value of the air (ix) ASTM C 1371–15, ‘‘Standard Test insulation customers are likely to notice space. To get the R-value for the air Method for Determination of Emittance them and each individual insulation space, you must follow the rules in of Materials Near Room Temperature package offered for sale contains all paragraph (b) of this section. Using Portable Emissometers’’ package label and fact sheet disclosures (e) The standards required in this (published June 2015). required by §§ 460.12 and 460.13. If you section are incorporated by reference (x) ASTM C 1374–14, ‘‘Standard Test are offering products for sale online, the into this section with the approval of Method for Determination of Installed product labels and fact sheets required the Director of the Federal Register Thickness of Pneumatically Applied by this part, or a direct link to this under 5 U.S.C. 552(a) and 1 CFR part 51. Loose-Fill Building Insulation’’ information, must appear clearly and All approved material is available for (published May 2014). conspicuously and in close proximity to inspection at the FTC Library, (202) (xi) ASTM E 408–13, ‘‘Standard Test the covered product’s price on each web 326–2395, Federal Trade Commission, Methods for Total Normal Emittance of page that contains a detailed description Room H–630, 600 Pennsylvania Avenue Surfaces Using Inspection-Meter of the covered product and its price. NW, Washington, DC 20580. It is also Techniques’’ (published June 2013). ■ 10. Revise paragraph (e) of § 460.18 to available for inspection at the National (2) [Reserved] read as follows: Archives and Records Administration (NARA). For information on the § 460.7 [Removed and Reserved] § 460.18 Insulation ads. availability of this material at NARA, ■ 7. Remove and reserve § 460.7. * * * * * call 202–741–6030 or go to ■ 8. Revise paragraph (e) of § 460.13 to (e) The affirmative disclosure www.archives.gov/federal-register/cfr/ read as follows: requirements in § 460.18 do not apply to ibr-locations.html: television or radio advertisements or to § 460.13 Fact Sheets (1) ASHRAE Headquarters, 1791 space-constrained advertisements. For Tullie Circle, NE, Atlanta, GA 30329; * * * * * the purposes of this part, ‘‘space- telephone (404) 636–8400; https:// (e) After the chart and any statement constrained advertisement’’ means any www.ashrae.org. dealing with the specific type of communication made through (i) 2017 ASHRAE Handbook— insulation, ALL fact sheets must carry interactive media (such as the internet, Fundamentals, I–P Edition (published this statement, boxed, in 12-point type: online services, and software, including 2017) but not limited to internet search results (ii) [Reserved] READ THIS BEFORE YOU BUY and banner ads) that has space, format, (2) ASTM Int’l, 100 Barr Harbor Drive, What You Should Know About R-Values size or technological limitations or P.O. Box C700, West Conshocken, PA The chart shows the R-value of this restrictions that prevent industry 19428–2959, 877–909–2786, insulation. R means resistance to heat flow. members from making disclosures www.astm.org/ (i) ASTM C 177–13, The higher the R-value, the greater the required by this part clearly and ‘‘Standard Test Method for Steady-State insulating power. Compare insulation R- conspicuously. Industry members Heat Flux Measurements and Thermal values before you buy. maintain the burden of showing that Transmission Properties by Means of There are other factors to consider. The there is insufficient space to provide the the Guarded-Hot-Plate Apparatus amount of insulation you need depends disclosures that this part otherwise mainly on the climate you live in. Also, your (published October 2013).’’. requires be made clearly and (ii) ASTM C 518–15, ‘‘Standard Test fuel savings from insulation will depend upon the climate, the type and size of your conspicuously. Method for Steady-State Thermal house, the amount of insulation already in ■ 11. Revise paragraph (g) of § 460.19 to Transmission Properties by Means of your house, your fuel use patterns and family read as follows: the Heat Flow Meter Apparatus’’ size, proper installation of your insulation, (published December 2015). and how tightly your house is sealed against § 460.19 Savings claims. (iii) ASTM C 739–11, ‘‘Standard air leaks. If you buy too much insulation, it * * * * * Specification for Cellulosic Fiber Loose- will cost you more than what you’ll save on (g) The affirmative disclosure Fill Thermal Insulation.’’ (May 2011). fuel. requirements in § 460.19 do not apply to (iv) ASTM C 1045–07 (reapproved To get the marked R-value, it is essential television or radio advertisements or to 2013), ‘‘Standard Practice for that this insulation be installed properly. space-constrained advertisements. Calculating Thermal Transmission ■ 9. Revise § 460.14 to read as follows: ‘‘Space-constrained advertisement’’ is Properties from Steady-State defined in § 460.18(e). Conditions’’ (published January 2014). § 460.14 How retailers must handle labels ■ 12. Redesignate §§ 460.22 through and fact sheets. (v) ASTM C 1114–06 (Reapproved 460.24 as §§ 460.23 through 460.25 and 2013), ‘‘Standard Test Method for If you sell insulation to do-it-yourself add a new § 460.22 to read as follows: Steady-State Thermal Transmission customers, you must have fact sheets for Properties by Means of the Thin-Heater the insulation products you sell. You § 460.22 R-value Claims for Non-Insulation Apparatus’’ (published January 2014). must make the fact sheets available to Products (vi) ASTM C 1149–11, ‘‘Standard your customers, whether you offer If you make an R-value claim for a Specification for Self-Supported Spray insulation products for sale offline or product, other than a fenestration- Applied Cellulosic Thermal Insulation’’ online. You can decide how to do this, related product, that is not home (published August 2011). as long as your insulation customers are insulation and is marketed in whole or (vii) ASTM C 1224–15, ‘‘Standard likely to notice them. For example, you in part to reduce residential energy use Specification for Reflective Insulation can put them in a display, and let by slowing heat flow, you must test the for Building Applications’’ (published customers take copies of them. You can product pursuant to § 460.5 of this part November 2015). keep them in a binder at a counter or using a test or tests in that section

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appropriate to the product. Any allow interested persons additional time identified, as confidential, if submitted advertised R-value claims must fairly to submit comments. as detailed in ‘‘Instructions.’’ reflect the results of those tests. For the DATES: FDA is reopening the comment Instructions: All submissions received purposes of this section, fenestration- period on the document published on must include the Docket No. FDA– related products include windows, September 26, 2017 (82 FR 44803). 2017–N–5319 for ‘‘Devices Proposed for doors, and skylights as well as Submit either electronic or written a New Use With an Approved, Marketed attachments for those products. comments by February 21, 2018. Drug; Public Hearing; Request for ■ 14. In Appendix to Part 460— ADDRESSES: You may submit comments Comments.’’ Received comments, those Exemptions, add paragraph (d) to read as follows. Please note that late, filed in a timely manner (see as follows: untimely filed comments will not be ADDRESSES), will be placed in the docket and, except for those submitted as In Appendix to Part 460—Exemptions considered. Electronic comments must be submitted on or before February 21, ‘‘Confidential Submissions,’’ publicly * * * * * viewable at https://www.regulations.gov (d) The requirements in §§ 460.6 through 2018. The https://www.regulations.gov electronic filing system will accept or at the Dockets Management Staff 460.21 of this part do not apply to R-value between 9 a.m. and 4 p.m., Monday claims covered by § 460.22. comments until midnight Eastern Time at the end of February 21, 2018. through Friday. By direction of the Commission. • Confidential Submissions—To Donald S. Clark, Comments received by mail/hand delivery/courier (for written/paper submit a comment with confidential Secretary. submissions) will be considered timely information that you do not wish to be [FR Doc. 2017–26569 Filed 1–19–18; 8:45 am] if they are postmarked or the delivery made publicly available, submit your BILLING CODE 6750–01–P service acceptance receipt is on or comments only as a written/paper before that date. submission. You should submit two copies total. One copy will include the Electronic Submissions information you claim to be confidential DEPARTMENT OF HEALTH AND with a heading or cover note that states HUMAN SERVICES Submit electronic comments in the following way: ‘‘THIS DOCUMENT CONTAINS Food and Drug Administration • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The https://www.regulations.gov. Follow the Agency will review this copy, including 21 CFR Part 15 instructions for submitting comments. the claimed confidential information, in Comments submitted electronically, its consideration of comments. The [Docket No. FDA–2017–N–5319] including attachments, to https:// second copy, which will have the www.regulations.gov will be posted to claimed confidential information Devices Proposed for a New Use With redacted/blacked out, will be available an Approved, Marketed Drug; Public the docket unchanged. Because your comment will be made public, you are for public viewing and posted on Hearing; Reopening of the Comment https://www.regulations.gov. Submit Period solely responsible for ensuring that your comment does not include any both copies to the Dockets Management AGENCY: Food and Drug Administration, confidential information that you or a Staff. If you do not wish your name and HHS. third party may not wish to be posted, contact information to be made publicly available, you can provide this ACTION: Notification of public hearing; such as medical information, your or information on the cover sheet and not reopening of the comment period. anyone else’s Social Security number, or confidential business information, such in the body of your comments and you SUMMARY: The Food and Drug as a manufacturing process. Please note must identify this information as Administration (FDA, the Agency, or that if you include your name, contact ‘‘confidential.’’ Any information marked we) is reopening the comment period information, or other information that as ‘‘confidential’’ will not be disclosed for the document published in the identifies you in the body of your except in accordance with 21 CFR 10.20 Federal Register on September 26, 2017, comments, that information will be and other applicable disclosure law. For announcing a public hearing on a posted on https://www.regulations.gov. more information about FDA’s posting potential approach for device sponsors • If you want to submit a comment of comments to public dockets, see 80 who seek to obtain marketing with confidential information that you FR 56469, September 18, 2015, or access authorization for their products that are do not wish to be made available to the the information at: https://www.gpo.gov/ intended for a new use with an public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- approved, marketed drug when the written/paper submission and in the 23389.pdf. sponsor for the approved, marketed manner detailed (see ‘‘Written/Paper Docket: For access to the docket to drug does not wish to pursue or Submissions’’ and ‘‘Instructions’’). read background documents or the collaborate on the new use. In the electronic and written/paper comments document, in addition to seeking Written/Paper Submissions received, go to https:// comments on the potential approach, Submit written/paper submissions as www.regulations.gov and insert the FDA also welcomed comments on follows: docket number, found in brackets in the public health, scientific, regulatory, or • Mail/Hand delivery/Courier (for heading of this document, into the legal considerations relating to other written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts medical products intended for new uses Management Staff (HFA–305), Food and and/or go to the Dockets Management with approved, marketed medical Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, products of a different type where the Lane, Rm. 1061, Rockville, MD 20852. Rockville, MD 20852. sponsor for the approved, marketed • For written/paper comments FOR FURTHER INFORMATION CONTACT: John product does not wish to pursue or submitted to the Dockets Management Barlow Weiner, Office of Combination collaborate on the new use. We are Staff, FDA will post your comment, as Products, Food and Drug reopening the comment period in well as any attachments, except for Administration, 10903 New Hampshire response to a request for an extension to information submitted, marked and Ave., Bldg. 32, Rm. 5129, Silver Spring,

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MD 20993, 301–796–8930, DEPARTMENT OF THE INTERIOR www.regulations.gov. Follow the [email protected]. instructions for submitting comments. Office of Surface Mining Reclamation Instructions: All submissions received SUPPLEMENTARY INFORMATION: In the and Enforcement must include the agency name and Federal Register on September 26, 2017 docket number for this rulemaking. For (82 FR 44803), FDA published a 30 CFR Part 901 detailed instructions on submitting document announcing a public hearing comments and additional information on November 16, 2017, regarding a [SATS No. AL–082–FOR; Docket ID: OSM– 2017–0011; S1D1S SS08011000 SX064A000 on the rulemaking process, see the potential approach for device sponsors 189S180110; S2D2S SS08011000 ‘‘Public Comment Procedures’’ heading who seek to obtain marketing SX064A000 18XS501520] of the SUPPLEMENTARY INFORMATION authorization for their products that are section of this document. intended for a new use with an Alabama Regulatory Program Docket: For access to the docket to approved, marketed drug when the review copies of the Alabama program, AGENCY: Office of Surface Mining this amendment, a listing of any sponsor for the approved, marketed Reclamation and Enforcement, Interior. drug does not wish to pursue or scheduled public hearings, and all ACTION: Proposed rule; public comment collaborate on the new use. The purpose written comments received in response period and opportunity for public to this document, you must go to the of the public hearing was to obtain hearing on proposed amendment. comments from stakeholders on the address listed below during normal potential approach presented in the SUMMARY: We, the Office of Surface business hours, Monday through Friday, Federal Register document as well as Mining Reclamation and Enforcement excluding holidays. You may receive comments on public health, scientific, (OSMRE), are announcing receipt of a one free copy of the amendment by contacting OSMRE’s Birmingham Field regulatory, or legal considerations proposed amendment to the Alabama Office or the full text of the program relating to other medical products regulatory program (Alabama program) under the Surface Mining Control and amendment is available for you to intended for new uses with approved, review at www.regulations.gov. marketed medical products of a Reclamation Act of 1977 (SMCRA or the Act). Alabama proposes revisions to its William Joseph, Acting Director, different type where the sponsor for the Birmingham Field Office, Office of approved, marketed product does not program regarding annual permit fees. Alabama revised its program at its own Surface Mining Reclamation and wish to pursue or collaborate on the Enforcement, 135 Gemini Circle, Suite new use. We sought this type of public initiative to raise revenues sufficient to fund the Alabama Surface Mining 215, Homewood, Alabama 35209, engagement because of the potential Commission’s (ASMC) share of costs to Telephone: (205) 290–7282, email: importance of the issue for public health administer their coal regulatory [email protected]. and the need for input across the In addition, you may review a copy of program, including the cost of the amendment during regular business medical product industry and among reviewing, administering, inspecting, hours at the following location: public health stakeholders regarding and enforcing surface coal mining Alabama Surface Mining Commission, how FDA should proceed. The permits in Alabama. 1811 Second Ave., P.O. Box 2390, comments that FDA receives in relation This document gives the locations Jasper, Alabama 35502–2390, to this public hearing may help inform and times where the Alabama program Telephone: (205) 221–4130. the further development of this documents and proposed amendment to approach. that program are available for your FOR FURTHER INFORMATION CONTACT: William Joseph, Acting Director, The document stated that comments inspection, establishes the comment Birmingham Field Office. Telephone: would be accepted until January 15, period during which you may submit written comments on the amendment, (205) 290–7282, email: bjoseph@ 2018, and that untimely comments osmre.gov. would not be considered. Near the end and describes the procedures we will of the comment period, we received a follow for the public hearing, if one is SUPPLEMENTARY INFORMATION: request, submitted on behalf of several requested. I. Background on the Alabama Program potential commenters, for more time to DATES: We will accept written II. Description of the Proposed Amendment comments on this amendment until 4:00 III. Public Comment Procedures develop comments. We have considered IV. Procedural Determinations this request and are reopening the p.m., CST, February 21, 2018. If comment period for an additional 30 requested, we will hold a public hearing about the amendment on February 16, I. Background on the Alabama Program days. We believe that this reopening 2018. We will accept requests to speak Section 503(a) of the Act permits a allows adequate time for interested at a hearing until 4:00 p.m., CST on State to assume primacy for the persons to submit comments without February 6, 2018. regulation of surface coal mining and delaying further Agency efforts on this ADDRESSES: You may submit comments, reclamation operations on non-Federal topic. identified by SATS No. AL–082–FOR, and non-Indian lands within its borders Dated: January 16, 2018. by any of the following methods: by demonstrating that its program Leslie Kux, • Mail/Hand Delivery: William includes, among other things, state laws Associate Commissioner for Policy. Joseph, Acting Director, Birmingham and regulations that govern surface coal mining and reclamation operations in [FR Doc. 2018–00991 Filed 1–19–18; 8:45 am] Field Office, Office of Surface Mining Reclamation and Enforcement, 135 accordance with the Act and consistent BILLING CODE 4164–01–P Gemini Circle, Suite 215, Homewood, with the Federal regulations. See 30 Alabama 35209. U.S.C. 1253(a)(1) and (7). On the basis • Fax: (205) 290–7280. of these criteria, the Secretary of the • Federal eRulemaking Portal: The Interior conditionally approved the amendment has been assigned Docket Alabama program effective May 20, ID OSM–2017–0011. If you would like 1982. You can find background to submit comments go to http:// information on the Alabama program,

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including the Secretary’s findings, the satisfies the applicable program everyone scheduled to speak and others disposition of comments, and the approval criteria of 30 CFR 732.15. If we present in the audience who wish to conditions of approval of the Alabama approve the amendment, it will become speak, have been heard. program in the May 20, 1982, Federal part of the State plan. Public Meeting Register (47 FR 22030). You can also Electronic or Written Comments find later actions concerning the If only one person requests an If you submit written comments, they Alabama program and program opportunity to speak, we may hold a should be specific, confined to issues amendments at 30 CFR 901.10, 901.15 public meeting rather than a public pertinent to the proposed regulations, and 901.16. hearing. If you wish to meet with us to and explain the reason for any discuss the amendment, please request II. Description of the Proposed recommended change(s). We appreciate a meeting by contacting the person Amendment any and all comments, but those most listed under FOR FURTHER INFORMATION useful and likely to influence decisions By email dated August 14, 2017 CONTACT. All such meetings are open to on the final program will be those that (Administrative Record No. AL–0672), the public and, if possible, we will post either involve personal experience or Alabama sent us an amendment to its notices of meetings at the locations include citations to and analyses of program under SMCRA (30 U.S.C. 1201 listed under ADDRESSES. We will make SMCRA, its legislative history, its et seq.) at its own initiative. Below is a a written summary of each meeting a implementing regulations, case law, summary of the changes proposed by part of the administrative record. Alabama. The full text of the program other pertinent State or Federal laws or amendment is available for you to read regulations, technical literature, or other IV. Procedural Determinations relevant publications. at the locations listed above under Executive Order 12866—Regulatory ADDRESSES. We cannot ensure that comments received after the close of the comment Planning and Review Alabama Administrative Code 880–X– period (see DATES) or sent to an address 8B–.07 Pursuant to Office of Management and other than those listed (see ADDRESSES) Budget (OMB) Guidance and dated Alabama proposes revisions to its will be included in the docket for this October 12, 1993, the approval of state program regarding annual permit fees rulemaking and considered. program amendments is exempted from by: Public Availability of Comments OMB review under Executive Order (1) Increasing the initial acreage fee 12866. from $35.00 per acre to $75.00, to be Before including your address, phone paid on each acre in a permit covered number, email address, or other Other Laws and Executive Orders by a performance bond prior to the personal identifying information in your Affecting Rulemaking initiation of operations on the permit (or comment, you should be aware that When a State submits a program on an increment of an acre if increments your entire comment—including your amendment to OSMRE for review, our are used), and to be paid on all bonded personal identifying information—may regulations at 30 CFR 732.17(h) require acreage covered by a permit renewal; be made publicly available at any time. (2) Increasing the basic fee for a coal While you can ask us in your comment us to hold a public hearing on a program exploration permit application from to withhold your personal identifying amendment if it changes the objectives, $2,000.00 to $2,500.00; information from public review, we scope or major policies followed, or (3) Increasing the basic fee for a cannot guarantee that we will be able to make a finding that the State provided permit renewal application from do so. adequate notice and opportunity for public comment. Alabama has elected to $1,000.00 to $2,500.00; Public Hearing (4) Increasing the basic fee for a have OSMRE publish a notice in the permit transfer application from $200.00 If you wish to speak at the public Federal Register indicating receipt of to $500.00; hearing, contact the person listed under the proposed amendment and soliciting (5) Adding an annual acreage fee for FOR FURTHER INFORMATION CONTACT by comments. We will conclude our review expired permits of $15.00, per acre, to 4:00 p.m., CST on February 15, 2018. If of the proposed amendment after the be paid by December 31st of each year you are disabled and need reasonable close of the public comment period and on each acre covered by a performance accommodations to attend a public determine whether the amendment bond as of October 1st of the year; and hearing, contact the person listed under should be approved, approved in part, (6) Adding the inspection of permits FOR FURTHER INFORMATION CONTACT. We or not approved. At that time, we will to the ASMC’s uses for the deposited will arrange the location and time of the also make the determinations and permit fees. hearing with those persons requesting certifications required by the various Alabama fully funds its share of costs the hearing. If no one requests an laws and executive orders governing the to regulate the coal mining industry opportunity to speak, we will not hold rulemaking process and include them in with fees paid by the coal industry. The a hearing. the final rule. To assist the transcriber and ensure an proposed fee revisions are intended to List of Subjects in 30 CFR Part 901 provide adequate funding to pay the accurate record, we request, if possible, State’s cost of operating its regulatory that each person who speaks at the Intergovernmental relations, Surface program. The ASMC does not expect the public hearing provide us with a written mining, Underground mining. copy of his or her comments. The public increase in permit fees to exceed the Dated: August 28, 2017. actual or anticipated cost of reviewing, hearing will continue on the specified Alfred L. Clayborne, administering, inspecting, and enforcing date until everyone scheduled to speak surface coal mining permits in Alabama. has been given an opportunity to be Regional Director, Mid-Continent Region. heard. If you are in the audience and III. Public Comment Procedures Editorial Note: This document was have not been scheduled to speak and received for publication by the Office of the Under the provisions of 30 CFR wish to do so, you will be allowed to Federal Register on January 17, 2018. 732.17(h), we are seeking your speak after those who have been [FR Doc. 2018–01053 Filed 1–19–18; 8:45 am] comments on whether the amendment scheduled. We will end the hearing after BILLING CODE 4310–05–P

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ENVIRONMENTAL PROTECTION Office of Air and Waste (OAW–150), allowable form of open burning if AGENCY Environmental Protection Agency, conducted in accordance with the Region 10, 1200 Sixth Ave., Suite 900, provisions at IDAPA 58.01.01.618 40 CFR Part 52 Seattle, WA 98101; telephone number: through 624. In brief, these rules require [EPA–R10–OAR–2017–0566: FRL–9973– 206–553–1999, email address: that a person desiring to burn crop 21—Region 10] [email protected]. residue must register at least thirty days SUPPLEMENTARY INFORMATION: in advance of the date of the proposed Air Plan Approval; ID, Crop Residue Throughout this document, wherever burn, pay a fee at least seven days prior Burning; Revision to Ozone ‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is to the burn, contact the IDEQ for initial Requirement intended to refer to the EPA. approval at least 12 hours prior to the burn, obtain final approval from the AGENCY: Environmental Protection Table of Contents: Agency (EPA). IDEQ the morning of the burn, and ACTION: Proposed rule. I. Background submit a post-burn report to the IDEQ. A. Idaho’s Crop Residue Burning Program In addition, all persons intending to SUMMARY: The Environmental Protection B. Idaho’s Proposed SIP Revision dispose of crop residue through burning Agency (EPA) is proposing to approve C. 2015 Ozone NAAQS Background must abide by all of the general revisions to the portions of Idaho’s State II. EPA’s Review of Idaho’s Submittal provisions in IDAPA 58.01.01.622 Implementation Plan (SIP) related to A. Summary of Idaho’s Demonstration which covers such items as training B. Clean Air Act § 110(l) Requirements agricultural crop residue burning. The requirements, reporting requirements, Director of the Idaho Department of III. EPA’s Proposed Action IV. Incorporation by Reference and certain limitations on burning. Environmental Quality (IDEQ) V. Statutory and Executive Order Reviews submitted the revisions to EPA on The criteria according to which IDEQ may approve a request to burn crop September 22, 2017. IDEQ I. Background supplemented the original submission residue are delineated in IDAPA with photochemical modeling analyses A. Idaho’s Crop Residue Burning 58.01.01.621. Importantly, the federally on October 23, 2017. The revisions Program approved version currently in Idaho’s SIP requires that IDEQ, before approving change the ambient ozone concentration Idaho’s regulations at Idaho a permittee’s request to burn, determine level at which IDEQ may approve a Administrative Procedures Act (IDAPA) that ambient air quality levels do not permittee’s request to burn. EPA is 58.01.01.617 through 624 contain the exceed seventy-five percent of any proposing to approve the revisions federally-approved State because they satisfy the requirements of Implementation Plan (SIP) provisions NAAQS concentration level on the day the Clean Air Act. This action is being regulating open burning of crop residue when the burning will occur and are not taken under section 110 of the Clean Air in Idaho. These rules were approved by projected to exceed such level over the Act (the Act or CAA). EPA on August 1, 2008, (73 FR 44915) next 24 hours. In addition, IDEQ must DATES: Written comments must be and were submitted to EPA in response determine that ambient air quality levels received on or before February 21, 2018. to the Ninth Circuit Court of Appeals have not reached, and are not forecasted ADDRESSES: Submit your comments, decision in Safe Air for Everyone v. to reach and persist at, eighty percent of identified by Docket ID No. EPA–R10– USEPA, 475 F.3d 1096, amended 488 the one-hour action criteria for OAR–2017–0566, at http:// F.3d 1088 (9th Cir 2007). More particulate matter under IDAPA www.regulations.gov. Follow the online information regarding the Ninth Circuit 58.01.01.556.1 Thus, IDEQ will not instructions for submitting comments. Court of Appeals decision and the approve a burn if these levels are Once submitted, comments cannot be federally-approved requirements for expected to be exceeded as a result of edited or removed from Regulations.gov. crop residue burning can be found in the burn. In determining whether to EPA may publish any comment received EPA’s proposed and final actions on the approve the burn, IDEQ must also to its public docket. Do not submit state’s 2008 SIP submittal. 73 FR 23155 consider the expected emissions from electronically any information you (April 29, 2008) and 73 FR 44915 the proposed burn, the proximity of the consider to be Confidential Business (August 1, 2008). proposed burn to other burns, the Information (CBI) or other information In 2013, EPA approved revisions moisture content of the fuels, the whose disclosure is restricted by statute. related to Idaho’s open burning and acreage, crop type and other fuel Multimedia submissions (audio, video, crop residue burning requirements that characteristics, existing and expected etc.) must be accompanied by a written established a streamlined permitting meteorological conditions, the comment. The written comment is process for spot burns, baled proximity of the proposed burn to considered the official comment and agricultural residue burns, and propane institutions with sensitive populations, should include discussion of all points flaming. The revisions also made minor public roadways, and airports, and other you wish to make. EPA will generally changes to the existing crop residue relevant factors. See IDAPA not consider comments or comment burning rules to update cross references 58.01.01.621.01. IDEQ must also notify contents located outside of the primary and clarify certain administrative the public as to whether a given day is submission (i.e., on the web, cloud, or information. More information a burn or no-burn day; the location and other file sharing system). For regarding the revisions EPA approved in number of acres permitted to be burned; additional submission methods, the full 2013 can be found in EPA’s proposed meteorological conditions and any real EPA public comment policy, and final actions on the state’s 2011 SIP time ambient air quality monitoring information about CBI or multimedia submittal. 78 FR 2359 (January 11, 2013) data, and a toll-free number to receive submissions, and general guidance on and 78 FR 16790 (March 19, 2013). request for information. IDAPA making effective comments, please visit Idaho’s federally-approved crop 58.01.01.623. http://www2.epa.gov/dockets/ residue burning rules at IDAPA commenting-epa-dockets. 58.01.01.617 currently provide that the 1 The current one-hour action criteria under FOR FURTHER INFORMATION CONTACT: open burning of crop residue on fields IDAPA 58.01.01.556 is an average of 80 mg/m3 for 3 Randall Ruddick, Air Planning Unit, where the crops were grown is an PM2.5 and an average of 385 ug/m for PM10.

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B. Idaho’s Proposed SIP Revision Following promulgation of a new or level to ninety percent of the Ozone On September 22, 2017, Idaho revised NAAQS, EPA is required by NAAQS concentration would result in a submitted a SIP revision request to EPA. section 107(d)(1) of the CAA to violation of the NAAQS and concluded This SIP submittal contains one change designate areas throughout the United that Idaho would continue to attain the to the federally-approved crop residue States as attainment, nonattainment, or Ozone NAAQS at this higher authorization level. EPA’s analysis of burning rules. Specifically, the unclassifiable for the NAAQS. Idaho’s demonstration is included in September 22, 2017, SIP submittal Nonattainment areas include both areas our Technical Support Document revises the ozone concentration level at that are violating the NAAQS, and (Docket R10–OAR–2017–0566, 101_ which IDEQ may authorize nearby areas with emissions sources or Technical Support Document_ID 2017 (authorization level) agricultural crop activities that contribute to violations in CRB Ozone Revision.pdf) and elsewhere residue burning (CRB) at IDAPA those areas. States with areas designated in this Notice. 58.01.01.621.01 and Idaho Code 39–114 nonattainment are required to prepare (codification of Idaho Senate Bill 1009, and submit a plan for attaining the B. Clean Air Act § 110(l) Requirements NAAQS in the area as expeditiously as Section 3) from seventy-five to ninety Approvals to revisions of SIPs are percent of the Ozone NAAQS. This practicable. On November 6, 2017, EPA issued subject to the requirements of CAA revision does not change the final designations for the 2015 Ozone § 110(l). Under section 110(l), the authorization levels for any other NAAQS for most areas in the United Administrator may not approve a SIP NAAQS and all other CRB requirements States. Specifically, we found that Idaho revision ‘‘if the revision would interfere remain unchanged. meets the standard statewide and issued with any applicable requirements IDEQ submitted this revision after a final designation of ‘‘attainment/ concerning attainment and reasonable concluding that an authorization level unclassifiable’’ for Idaho statewide. This further progress, or any other applicable of seventy-five percent of the Ozone final designation became effective requirement of [the Act].’’ NAAQS was problematic because it January 16, 2018. We considered all of the NAAQS prohibited IDEQ from allowing burning pollutants and determined the most on what would otherwise be a desirable II. EPA’s Review of Idaho’s Submittal relevant pollutants for this evaluation day to burn from a smoke management A. Summary of Idaho’s Demonstration are PM2.5, PM10, and ozone. PM and perspective—when smoke would rise ozone are relevant because the EPA’s well into the transport layer and Idaho submitted a ‘‘Weight of recent review of the NAAQS for these disperse well. IDEQ asserts burning on Evidence’’ demonstration containing pollutants resulted in more stringent days when smoke dispersion is better multiple analyses of ozone monitoring standards (78 FR 3085, January 15, will further limit negative impacts on data; they also submitted photochemical 2013; and 80 FR 65292; October 26, public health. modeling to demonstrate that the 2015). There are no nonattainment areas In the September 22, 2017, submittal, proposed SIP revision would not for carbon monoxide, sulfur dioxide, the IDEQ described the process for interfere with attainment of the 2015 nitrogen dioxide or lead. AQS data making the rule changes and noted that Ozone NAAQS. (See Docket EPA–R10_ show the levels for these pollutants are the changes were drafted in conjunction OAR–2017–0566: 002_state submittals_ well below the standards. with negotiated rulemaking involving Weight of Evidence SIP narrative CRBO3 Idaho’s CRB ozone authorization level persons having an interest in the crop residue burning ozone.pdf and SIP revision does not affect a change in development of this rule. IDEQ’s 004_state submittals_2017ACQ100 final Idaho’s Regional Haze SIP (approved negotiated rulemaking process 2 did not CRB Ozone Modeling SIP amendment November 8, 2012, 77 FR 66929) result in a consensus regarding the SIP Report EPA submittal.pdf respectively.) because it does not change or impose a revisions Idaho submitted on September Idaho’s demonstration uses several limit on the quantity of light impairing 22, 2017. different approaches to evaluate existing pollutants emitted from crop residue ozone monitoring data from 2011 burning. Idaho’s 5-Year Progress Report, C. 2015 Ozone NAAQS Background through 2015 to attempt to quantify the submitted June 28, 2016, demonstrates On October 1, 2015, EPA signed a impacts of crop residue burning during visibility improvement at all three of the notice of final rulemaking that revised that period upon ambient ozone Class I area monitoring sites, Craters of the 8-hour primary and secondary concentrations. Through this the Moon National Monument, Ozone NAAQS (80 FR 65292; October methodology, it attempts to demonstrate Sawtooth Wilderness, and Selway- 26, 2015). While both standards retain that the range of ambient impacts from Bitterroot Wilderness. Current regional the same general form and averaging historic crop residue burning have not haze plan strategies are sufficient for time (annual fourth-highest daily exceeded levels that would be expected Idaho and its neighboring states to meet maximum 8-hour average concentration, to cause a violation of the 2015 Ozone their reasonable progress goals. averaged over three years 3), they were NAAQS. Idaho’s demonstration further Our findings in the 2008 approval (73 lowered from 0.075 parts per million provides that the universe of sources FR 23155, April 29, 2008) that CRB was (ppm) to a level of 0.070 ppm.4 The participating in the crop residue not the cause of PM nonattainment revised 2015 Ozone NAAQS provides burning program is stable and that issues are still valid. The same greater protection of public health and ozone precursor emissions under the reasoning applies to the West Silver the environment than the previous 2008 proposed revised SIP will not increase Valley nonattainment area as well. Ozone NAAQS. even though there is no provision in the Residential wood combustion in the SIP which explicitly limits the scope of cold, winter months during atmospheric 2 Idaho’s negotiated rulemaking process is CRB either in terms of a limit on acres inversions is most responsible for described in Section 67–5220, Idaho Code and burned or emissions generated by the elevated particulate matter in these IDAPA 04.11.01.810 through 819. practice. Finally, Idaho supplemented areas. Prescribed burning in the late 3 See 80 FR 65296; October 26, 2015, for a its ‘‘Weight of Evidence’’ demonstration autumn and early spring also detailed explanation of the calculation of the 3-year 8-hour average and 40 CFR part 50, Appendix U. with a photochemical modeling contributes substantially. The CRB 4 These levels are commonly referred to in parts demonstration that evaluated whether authorization level and control per billion (ppb): 75 ppb and 70 ppb, respectively. increasing the SIP’s CRB authorization measures specific to PM2.5 and PM10 are

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not changing under this proposed SIP for CRB in Idaho’s SIP will remain at of the Paperwork Reduction Act (44 revision. The revision will not interfere 75% for all other NAAQS. U.S.C. 3501 et seq.); in attainment or reasonable further Under CAA section 110(k), EPA is • is certified as not having a progress or any other applicable proposing to approve revisions to significant economic impact on a requirement with respect to either PM Idaho’s SIP requested in their substantial number of small entities NAAQS. September 22, 2017, SIP submittal. under the Regulatory Flexibility Act (5 To address 110(l) requirement for Moreover, based on the factors U.S.C. 601 et seq.); ozone, we reviewed Idaho’s ‘‘Weight of discussed above, we also conclude that • does not contain any unfunded Evidence’’ demonstration submitted approval of the SIP submittal will not mandate or significantly or uniquely September 22, 2017, and their interfere with any applicable affect small governments, as described supplemental modeling analyses requirement concerning attainment and in the Unfunded Mandates Reform Act submitted October 23, 2017. Based on reasonable further progress or any other of 1995 (Pub. L. 104–4); our review of Idaho’s modeling and applicable requirement of the Clean Air • monitor data analyses we conclude that Act. does not have Federalism the proposed revision to Idaho’s CRB implications as specified in Executive IV. Incorporation by Reference ozone authorization level will not Order 13132 (64 FR 43255, August 10, interfere with attainment or reasonable In this rule, EPA is proposing to 1999); further progress with the 2015 Ozone include in a final EPA rule regulatory • is not an economically significant NAAQS or any other applicable CAA text that includes incorporation by regulatory action based on health or requirement. reference. In accordance with safety risks subject to Executive Order Section 107(d)(1)(A)(i) of the CAA requirements of 1 CFR 51.5, EPA is 13045 (62 FR 19885, April 23, 1997); defines a ‘‘nonattainment area’’ as ‘‘any proposing to incorporate by reference • is not a significant regulatory action area that does not meet (or that Idaho regulations for Burn Approval subject to Executive Order 13211 (66 FR contributes to ambient air quality in a Criteria at IDAPA 58.01.01.621.01 and 28355, May 22, 2001); nearby area that does not meet) the Idaho Code 39–114, State Effective • is not subject to requirements of national primary or secondary ambient February 28, 2018, discussed in Section Section 12(d) of the National air quality standard for the pollutant.’’ I.B. of the preamble. EPA has made, and Technology Transfer and Advancement If an area meets either prong of this will continue to make, these materials Act of 1995 (15 U.S.C. 272 note) because definition, then the EPA is obligated to generally available through application of those requirements would designate the area as ‘‘nonattainment.’’ www.regulations.gov and at the EPA be inconsistent with the Clean Air Act; There are no areas designated as Region 10 Office (please contact the and nonattainment for ozone in the state of person identified in the ‘‘For Further • does not provide EPA with the Idaho (82 FR 54232, November 16, Information Contact’’ section of this discretionary authority to address, as 2017), in part, because we do not preamble for more information). appropriate, disproportionate human believe Idaho is contributing to health or environmental effects, using violations of the 2015 Ozone NAAQS in V. Statutory and Executive Order practicable and legally permissible other states. Reviews Under the Clean Air Act, the methods, under Executive Order 12898 III. EPA’s Proposed Action Administrator is required to approve a (59 FR 7629, February 16, 1994). We have reviewed Idaho’s SIP submission that complies with the The SIP is not approved to apply on demonstration that revising the CRB provisions of the Act and applicable any Indian reservation land or in any ozone authorization level from seventy- Federal regulations. 42 U.S.C. 7410(k); other area where EPA or an Indian tribe five percent to ninety percent of the 40 CFR 52.02(a). Thus, in reviewing SIP has demonstrated that a tribe has Ozone NAAQS is still protective of the submissions, EPA’s role is to approve jurisdiction. In those areas of Indian NAAQS, will not result in an increase state choices, provided that they meet country, the rule does not have tribal of emissions, and will not interfere with the criteria of the Clean Air Act. implications and will not impose attainment of the 2015 Ozone NAAQS. Accordingly, this proposed action substantial direct costs on tribal We believe Idaho adequately justified its merely approves state law as meeting governments or preempt tribal law as conclusions with respect to each of Federal requirements and does not specified by Executive Order 13175 (65 these. EPA’s approval decision is based impose additional requirements beyond FR 67249, November 9, 2000). primarily on the photochemical those imposed by state law. For that List of Subjects in 40 CFR Part 52 modeling with secondary reliance on reason, this proposed action: the weight of evidence demonstration • Is not a ‘‘significant regulatory Environmental protection, Air put forth by Idaho. See Docket R10– action’’ subject to review by the Office pollution control, Incorporation by OAR–2017–0566, 101_Technical of Management and Budget under reference, Intergovernmental relations, Support Document_ID 2017 CRB Ozone Executive Orders 12866 (58 FR 51735, Nitrogen dioxide, Ozone, Particulate Revision.pdf for details on our review of October 4, 1993) and 13563 (76 FR 3821, matter, Volatile organic compounds. the state submittal. Based on the January 21, 2011); Authority: 42 U.S.C. 7401 et seq. information provided by Idaho, as • is not an Executive Order 13771 (82 discussed in our Technical Support FR 9339, February 2, 2017) regulatory Dated: January 11, 2018. Document, we propose to approve action because SIP approvals are Chris Hladick, Idaho’s SIP revision and amend the exempted under Executive Order 12866; Regional Administrator, EPA Region 10. authorization level for CRB to 90% of • does not impose an information [FR Doc. 2018–01039 Filed 1–19–18; 8:45 am] the Ozone NAAQS. Authorization levels collection burden under the provisions BILLING CODE 6560–50–P

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Notices Federal Register Vol. 83, No. 14

Monday, January 22, 2018

This section of the FEDERAL REGISTER recommendations for improvements to DEPARTMENT OF AGRICULTURE contains documents other than rules or agencies, the President, Congress, and proposed rules that are applicable to the the Judicial Conference of the United Submission for OMB Review; public. Notices of hearings and investigations, States. Comment Request committee meetings, agency decisions and rulings, delegations of authority, filing of The Office of the Chairman of the January 17, 2018. petitions and applications and agency Administrative Conference of the The Department of Agriculture has statements of organization and functions are United States has established a working submitted the following information examples of documents appearing in this group—the Model Adjudication Rules collection requirement(s) to Office of section. Working Group—to review and revise Management and Budget (OMB) for the Conference’s Model Adjudication review and clearance under the Paperwork Reduction Act of 1995, ADMINISTRATIVE CONFERENCE OF Rules. Released in 1993 by a similar Public Law 104–13. Comments are THE UNITED STATES working group of the Conference, the Model Adjudication Rules were requested regarding (1) whether the Draft Model Adjudication Rules; designed for use by federal agencies to collection of information is necessary for the proper performance of the Comment Request amend or develop their procedural rules functions of the agency, including for hearings conducted under the AGENCY: Administrative Conference of whether the information will have Administrative Procedure Act. the United States. practical utility; (2) the accuracy of the ACTION: Notice. Numerous agencies have relied on the agency’s estimate of burden including Conference’s 1993 Model Rules to the validity of the methodology and SUMMARY: The Office of the Chairman of improve existing adjudicative schemes; assumptions used; (3) ways to enhance the Administrative Conference of the and newer agencies, like the Consumer the quality, utility and clarity of the United States is revising its 1993 Model Financial Protection Bureau, have relied information to be collected; (4) ways to Adjudication Rules and is inviting on them to design new procedures. minimize the burden of the collection of public comment on the draft revised Significant changes in adjudicative information on those who are to Rules. The current draft of the revised practices and procedures since 1993— respond, including through the use of Rules is available at https:// including use of electronic case appropriate automated, electronic, www.acus.gov/model-rules/model- management and video hearings— mechanical, or other technological adjudication-rules. necessitate a careful review and revision collection techniques or other forms of DATES: Comments must be received no of the Model Adjudication Rules. In information technology. later than 10:00 a.m. (EDT), Friday, reviewing and revising the Model Rules, Comments regarding this information collection received by February 21, 2018 February 23, 2018. the Working Group has relied on the will be considered. Written comments ADDRESSES: Persons who wish to Conference’s extensive empirical comment on the current draft of the should be addressed to: Desk Officer for research of adjudicative practices Agriculture, Office of Information and revised Model Adjudication Rules may reflected in the Federal Administrative do so by submitting a written statement Regulatory Affairs, Office of Adjudication Database, available at Management and Budget (OMB), New either online by clicking ‘‘Submit a https://acus.law.stanford.edu/; comment’’ near the bottom of the project Executive Office Building, 725 17th amendments to the Federal Rules of Street NW, Washington, DC 20502. web page found at https:// Civil Procedure since 1993; and input www.acus.gov/research-projects/office- Commenters are encouraged to submit from agency officials, academics, chairman-model-adjudication-rules- their comments to OMB via email to: practitioners, and other stakeholders. _ working-group or by U.S. Mail OIRA [email protected] or addressed to Revised Model Additional information about the fax (202) 395–5806 and to Departmental Adjudication Rules Comments, Administrative Conference’s Model Clearance Office, USDA, OCIO, Mail Administrative Conference of the Adjudication Rules, including the draft Stop 7602, Washington, DC 20250– United States, Suite 706 South, 1120 Rules, meeting agendas, a listing of the 7602. Copies of the submission(s) may 20th Street NW, Washington, DC 20036. working group members tasked with be obtained by calling (202) 720–8958. An agency may not conduct or revising the Rules, and other related FOR FURTHER INFORMATION CONTACT: sponsor a collection of information information, can be found on the Daniel Sheffner, Attorney Advisor, unless the collection of information Conference’s website at https:// Administrative Conference of the displays a currently valid OMB control United States, 1120 20th Street NW, www.acus.gov/research-projects/office- number and the agency informs Suite 706 South, Washington, DC 20036; chairman-model-adjudication-rules- potential persons who are to respond to Telephone (202) 480–2080. working-group. the collection of information that such SUPPLEMENTARY INFORMATION: The Dated: January 17, 2018. persons are not required to respond to Administrative Conference Act, 5 U.S.C. Shawne McGibbon, the collection of information unless it 591–596, established the Administrative General Counsel. displays a currently valid OMB control Conference of the United States. The number. Conference studies the efficiency, [FR Doc. 2018–01045 Filed 1–19–18; 8:45 am] adequacy, and fairness of the BILLING CODE 6110–01–P Rural Utilities Service administrative procedures used by Title: RUS Electric Loan Application Federal agencies and makes and Related Reporting Burdens.

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OMB Control Number: 0572–0032. Inspection Service (APHIS) will host a Welfare Act (AWA). APHIS already Summary of Collection: The Rural series of public meetings to solicit data recognizes inspections performed by Utilities Service (RUS) was established and information from the public to aid other government agencies with animal in 1994 by the Federal Crop Insurance in the development of criteria for welfare oversight and accreditation by Reform and Department of Agriculture recognizing the use of third-party the Association of Zoos & Aquariums as Reorganization Act of 1994 (Pub. L. inspection and certification programs as a positive factor when determining the 103–354, 108 stat. 3178, 7 U.S.C. 6941 a positive factor when determining frequency of Federal inspections et seq.) as successor to the Rural APHIS inspection frequencies at through the use of a risk-based Electrification Administration (REA) facilities licensed or registered under inspection system, and APHIS is with respect to certain programs, the Animal Welfare Act. seeking public comment on expanding including the electric loan and loan DATES: The meetings will be held in this consideration to include other types guarantee program authorized under the Santa Clara, CA, on January 18, 2018; of third-party inspections and Rural Electrification Act (RE Act) of Riverdale, MD, on February 8, 2018; certifications. 1936. The RE Act authorizes and Kansas City, MO, on February 22, 2018, The risk-based inspection system, empowers the Administrator of RUS to and Tampa, FL, on March 8, 2018. The initiated in 1998, uses several objective make and guarantee loans to furnish and public meetings will be held from 9 a.m. criteria, including but not limited to improve electric service in rural areas. to 1 p.m., local time, except for the past compliance history, to determine These loans are amortized over a period meeting in Maryland, which will be the minimum inspection frequency at of up to 35 years and secured by the held from 1 p.m. to 5 p.m., local time. each licensed and registered facility. borrower’s electric assets and/or A virtual listening session will be held With this system, APHIS has been able revenue. RUS will collect information on March 14, 2018, from 1 p.m. to 5 to provide more in-depth inspections including studies and reports to support p.m. EST. We will accept written and improve its interactions with borrower loan applications. statements regarding the use of third- licensees and registrants—an approach Need and Use of the Information: party inspection and certification that APHIS firmly believes makes better RUS will collect information to programs until March 21, 2018. use of its inspection resources. determine the eligibility of applicants The public may submit their ADDRESSES: The public meetings will be comments in response to this notice in for loans and loan guarantees under the held at the following locations: RE Act; monitor the compliance of • writing and/or at in-person and virtual January 18: Santa Clara Marriott, listening sessions. The meetings will be borrowers with debt covenants and 2700 Mission College Boulevard, Santa regulatory requirements in order to held in various locations across the Clara, CA 95054; country and will include an internet- protect loan security; ensure that • February 8: USDA Center at based virtual meeting to facilitate borrowers use loan funds for purposes Riverside, 4700 River Road, Riverdale, attendance. Participants will have the consistent with the statutory goals of the MD 20737; RE Act; and obtain information on the • February 22: USDA, Beacon opportunity to offer written and oral progress of rural electrification and Building, 6501 Beacon Road, Kansas comments. Specifically, APHIS is seeking data evaluate the success of RUS program City, MO 64133; and activities. Without the information RUS • March 8: Renaissance Tampa Hotel and information regarding the following would be unable to accomplish International Plaza, 4200 Jim Walter topics and questions: 1. APHIS is considering recognizing statutory goals. Boulevard, Tampa, FL 33607. Description of Respondents: Not-for- You may also submit written the use of qualified, third-party profit institutions; Business or other for- statements using one of the following programs when determining APHIS profit. methods: inspection frequencies at regulated Number of Respondents: 625. • Federal eRulemaking Portal: Go to facilities. Would a potential reduction Frequency of Responses: Reporting: http://www.regulations.gov/#! in the frequency of APHIS inspections On occasion; Annually. docketDetail;D=APHIS-2017-0102. be a sufficient incentive for regulated Total Burden Hours: 52,130. • Postal Mail/Commercial Delivery: facilities to use third-party programs to support compliance under the AWA? Ruth Brown, Send your comment to Docket No. APHIS–2017–0102, Regulatory Analysis Are there other incentives that could be Departmental Information Collection offered to attract participation of Clearance Officer. and Development, PPD, APHIS, Station regulated entities in the program? Please [FR Doc. 2018–01004 Filed 1–19–18; 8:45 am] 3A–03.8, 4700 River Road Unit 118, Riverdale, MD 20737–1238. explain. BILLING CODE 3410–15–P 2. What are the advantages and FOR FURTHER INFORMATION CONTACT: Mr. disadvantages of voluntary, third-party Mike Tuck, Management Analyst, programs to support compliance under DEPARTMENT OF AGRICULTURE Animal Care, APHIS, USDA 4700 River the AWA? What potential benefits and Road Unit 84, Riverdale, MD 20737; costs might accrue to regulated facilities Animal and Plant Health Inspection (301) 851–3747; James.M.Tuck@ that elect to use a third-party program? Service aphis.usda.gov. What are the risks associated with using [Docket No. APHIS–2017–0102] SUPPLEMENTARY INFORMATION: The a third-party program? Animal and Plant Health Inspection 3. Are third-party programs likely to Third-Party Inspection Programs Service (APHIS) is announcing a series be effective in practice? Is there Under the Animal Welfare Act; Public of meetings to solicit data and potential for a well-functioning market Meetings information from the public to aid in the for third-party programs to develop? AGENCY: Animal and Plant Health development of criteria for recognizing Please explain. What existing third- Inspection Service, USDA. the use of third-party inspection and party programs are already used by ACTION: Notice of public meetings. certification programs as a positive regulated facilities to help support their factor when determining APHIS AWA compliance? SUMMARY: We are advising the public inspection frequencies at facilities 4. When assessing whether to that the Animal and Plant Health licensed or registered under the Animal recognize a third-party program, what

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criteria should APHIS consider to assure DATES: Comments on this notice must be commercial producer as required in 7 its independence, determine whether received by March 23, 2018 to be U.S.C. 7998 as amended and estimates the scope of its services support and assured of consideration. of enterprise production costs as align with the AWA, and mitigate ADDRESSES: You may submit comments, required in 7 U.S.C. 1441(a) as potential conflicts of interest and other identified by docket number 0535–0218, amended. Data from ARMS are also potential risks? In addition, what by any of the following methods: used as weights in the development of information should a regulated facility • Email: [email protected]. the Prices Paid Index, a component of provide so APHIS may verify its use of Include docket number above in the the Parity Index referred to in the a third-party program? subject line of the message. Agricultural Adjustment Act of 1938, as • 5. Aside from recognizing the use of eFax: (855) 838–6382. amended. These indexes are used to • qualified, third-party programs, what Mail: Mail any paper, disk, or CD– calculate the annual federal grazing fee are other methods APHIS could use to ROM submissions to: David Hancock, rates as described in the Public encourage facilities to achieve and NASS Clearance Officer, U.S. Rangelands Improvement Act of 1978 sustain compliance with the AWA? Department of Agriculture, Room 5336 and Executive Order 12548 and as Also, where do you see the greatest South Building, 1400 Independence promulgated in regulations found at 36 opportunity for APHIS to improve the Avenue SW, Washington, DC 20250– CFR 222.51, as amended. 2024. In addition, ARMS is used to produce consistency and effectiveness of its • AWA program? Hand Delivery/Courier: Hand estimates of sector-wide production deliver to: David Hancock, NASS Registration instructions for the expenditures and other components of Clearance Officer, U.S. Department of income that are used in constructing the listening session are available by Agriculture, Room 5336 South Building, contacting the person listed under FOR estimates of income and value-added 1400 Independence Avenue SW, which are transmitted to the U.S. FURTHER INFORMATION CONTACT or by Washington, DC 20250–2024. following the instructions available via Department of Commerce, Bureau of FOR FURTHER INFORMATION CONTACT: the APHIS website at: https:// Economic Analysis, by the USDA Kevin L. Barnes, Associate www.aphis.usda.gov/aphis/ourfocus/ Economic Research Service (ERS) for Administrator, National Agricultural animalwelfare/sa_animal_welfare_ use in constructing economy-wide Statistics Service, U.S. Department of news/third-party-inspection- estimates of Gross Domestic Product. Agriculture, (202) 720–4333. Copies of certification-programs. This transmittal of data, prepared using this information collection and related the ARMS, is undertaken to satisfy a If you require special instructions can be obtained without 1956 agreement between the Office of accommodations, such as a sign charge from David Hancock, NASS— Management and Budget and the language interpreter, please contact the OMB Clearance Officer, at (202) 690– Departments of Agriculture and person listed under FOR FURTHER 2388 or at [email protected]. Commerce that a single set of estimates INFORMATION CONTACT. SUPPLEMENTARY INFORMATION: be published on farm income. Done in Washington, DC, on January 16, Title: Agricultural Resources Chemical Use Surveys: Congress has 2018. Management Survey and Chemical Use mandated that NASS and ERS build Kevin Shea, Surveys. nationally coordinated databases on Administrator, Animal and Plant Health OMB Control Number: 0535–0218. agricultural chemical use and related Inspection Service. Expiration Date of Current Approval: farm practices; these databases are the [FR Doc. 2018–00966 Filed 1–19–18; 8:45 am] July 31, 2018. primary vehicles used to produce Type of Request: Intent to revise and BILLING CODE 3410–34–P specified environmental and economic extend a currently approved estimates. The surveys will help provide information collection. the knowledge and technical means for Abstract: The Agricultural Resource DEPARTMENT OF AGRICULTURE producers and researchers to address Management Survey(s) (ARMS) are the on-farm environmental concerns in a primary source of information for the National Agricultural Statistics Service manner that maintains agricultural U.S. Department of Agriculture on a Notice of Intent To Seek Approval To productivity. broad range of issues related to: In this approval request, there is only Revise and Extend a Currently Production practices, costs and returns, one significant program change. The Approved Information Collection pest management, chemical usage, and annual Microbial Food Safety contractor expenses. Data is collected on Practices—Packer Survey will be AGENCY: National Agricultural Statistics both a whole farm level and on selected Service, USDA. discontinued. commodities. The commodities that are scheduled ACTION ARMS is the only source of : Notice and request for to be included in this approval are in information available for objective comments. the following table. evaluation of many critical issues SUMMARY : In accordance with the related to agriculture and the rural Target Paperwork Reduction Act of 1995, this economy, such as: Whole farm finance Year Survey commodity notice announces the intention of the data, including data sufficient to National Agricultural Statistics Service construct estimates of income for farms 2018 ..... ARMS Phase II Soybeans. (NASS) to request revision and by: Type of operation, loan (PPCR). extension of a currently approved commodities, income for operator ARMS Phase II Corn and Pea- information collection, the Agricultural households, credit, structure, and (PPR). nuts. Chemical Use .. Vegetables. Resources Management Survey and organization; marketing information; ARMS Phase III Soybeans and Chemical Use Surveys. A revision to and other economic data on input usage, Cow-Calf. burden hours will be needed due to production practices, and crop 2019 ..... ARMS Phase II Cotton, Barley changes in the size of the target substitution possibilities. (PPCR). and Sorghum. population, sampling design, and/or Data from ARMS are used to produce ARMS Phase II Wheat. questionnaire length. estimates of net farm income by type of (PPR).

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and clarity of the information to be proposed production activity to the FTZ Year Survey Target commodity collected; and (d) ways to minimize the Board for its facility within Subzone burden of the collection of information 47D, in Winchester, Kentucky. Chemical Use .. Fruit. on those who are to respond, through ARMS Phase III Cotton, Barley The notification was processed in the use of appropriate automated, accordance with the regulations of the and Sorghum. electronic, mechanical, technological or 2020 ..... ARMS Phase II Corn and Rice. FTZ Board (15 CFR part 400), including other forms of information technology (PPCR). notice in the Federal Register inviting ARMS Phase II Soybeans. collection methods. All responses to this notice will public comment (82 FR 45262, (PPR). September 28, 2017). On January 17, Chemical Use .. Vegetables. become a matter of public record and be ARMS Phase III Corn, Rice and summarized in the request for OMB 2018, the applicant was notified of the Hogs. approval. FTZ Board’s decision that no further 2021 ..... ARMS Phase II Wheat and Pea- review of the activity is warranted at Signed at Washington, DC, January 11, (PPCR). nuts. this time. The production activity 2018. ARMS Phase II Cotton. described in the notification was Kevin L. Barnes, (PPR). authorized, subject to the FTZ Act and Chemical Use .. Fruit. Associate Administrator. the FTZ Board’s regulations, including ARMS Phase III Wheat, Peanuts [FR Doc. 2018–01005 Filed 1–19–18; 8:45 am] Section 400.14. and Dairy. BILLING CODE 3410–20–P Dated: January 17, 2018. PPCR—Production Practices and Costs Re- port. Elizabeth Whiteman, PPR—Production Practices Report. COMMISSION ON CIVIL RIGHTS Acting Executive Secretary. ARMS Phase III—Costs and Returns Report. [FR Doc. 2018–01030 Filed 1–19–18; 8:45 am] Notice of Public Meetings of the Texas BILLING CODE 3510–DS–P Authority: These data will be collected Advisory Committee; Correction under the authority of 7 U.S.C. 2204(a). AGENCY: Commission on Civil Rights. Individually identifiable data collected under DEPARTMENT OF COMMERCE this authority are governed by section 1770 ACTION: Notice; correction. of the Food Security Act of 1985, 7 U.S.C. SUMMARY: Foreign-Trade Zones Board 2276, which requires USDA to afford strict The Commission on Civil confidentiality to non-aggregated data Rights published a notice in the Federal provided by respondents. This Notice is Register of December 22, 2017, [S–150–2017] submitted in accordance with the Paperwork concerning meetings of the Texas Reduction Act of 1995 (at 44 U.S.C. 3501, et Advisory Committee. The date and time Approval of Subzone Status; Valeo seq.) and Office of Management and Budget for the second meeting listed has been North America, Inc.; Winchester, regulations at 5 CFR part 1320. changed. Kentucky NASS also complies with OMB FOR FURTHER INFORMATION CONTACT: Ana Implementation Guidance, Victoria Fortes, (213) 894–3437. On September 25, 2017, the Executive ‘‘Implementation Guidance for Title V Correction Secretary of the Foreign-Trade Zones of the E-Government Act, Confidential (FTZ) Board docketed an application Information Protection and Statistical In the Federal Register of December submitted by the Greater Cincinnati Efficiency Act of 2002 (CIPSEA).’’ 22, 2017, in FR Doc. 2017–27632, on FTZ, Inc., grantee of FTZ 47, requesting Federal Register, Vol. 72, No. 115, June page 60702, in the first column, correct subzone status subject to the existing 15, 2007, p. 33362. the ‘‘Dates’’ caption to read: activation limit of FTZ 47, on behalf of The meetings will be held on Friday, Estimate of Burden: Public reporting Valeo North America, Inc., in January 12, 2018, at 1:00 p.m. Central burden for this collection of information Winchester, Kentucky. is estimated to average approximately Time and Friday, February 2, 2018, at The application was processed in 45 minutes per survey. 2:00 p.m. Central Time. Respondents: Farmers, ranchers, farm Dated: January 16, 2018. accordance with the FTZ Act and Regulations, including notice in the managers, farm contractors, and farm David Mussatt, Federal Register inviting public households. Supervisory Chief, Regional Programs Estimated Number of Respondents: Coordination Unit. comment (82 FR 45263, September 28, 2017). The FTZ staff examiner reviewed Approximately 115,000 respondents [FR Doc. 2018–00946 Filed 1–19–18; 8:45 am] the application and determined that it will be sampled each year. Over half of BILLING CODE P these respondents will be contacted meets the criteria for approval. Pursuant more than one time in a single year. to the authority delegated to the FTZ Board Executive Secretary (15 CFR Sec. Estimated Total Annual Burden on DEPARTMENT OF COMMERCE Respondents: Approximately 96,000 400.36(f)), the application to establish hours per year. Foreign-Trade Zones Board Subzone 47D was approved on Comments: Comments are invited on: November 20, 2017, subject to the FTZ (a) Whether the proposed collection of [B–59–2017] Act and the Board’s regulations, information is necessary for the proper including Section 400.13, and further Foreign-Trade Zone (FTZ) 47—Boone performance of the functions of the subject to FTZ 47’s 2,000-acre activation County, Kentucky; Authorization of agency, including whether the limit. Production Activity; Valeo North information will have practical utility; America, Inc.; (Automotive Clutch and Dated: January 17, 2018. (b) the accuracy of the agency’s estimate Compressor Assemblies); Winchester, of the burden of the proposed collection Elizabeth Whiteman, Kentucky of information, including the validity of Acting Executive Secretary. the methodology and assumptions used; On September 19, 2017, Valeo North [FR Doc. 2018–01042 Filed 1–19–18; 8:45 am] (c) ways to enhance the quality, utility, America, Inc. submitted a notification of BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE listening station will also be available at the Pacific Council office. National Oceanic and Atmospheric Bureau of Industry and Security Council address: Pacific Fishery Administration Management Council, 7700 NE Sensors and Instrumentation RIN 0648–XF952 Ambassador Place, Suite 101, Portland, Technical Advisory Committee: Notice OR 97220. of Open Meeting Pacific Fishery Management Council; Public Meeting FOR FURTHER INFORMATION CONTACT: Mr. The Sensors and Instrumentation John DeVore, Staff Officer, Pacific Technical Advisory Committee (SITAC) AGENCY: National Marine Fisheries Fishery Management Council; will meet on January 30, 2018, 9:30 Service (NMFS), National Oceanic and telephone: (503) 820–2413. a.m., (Pacific Standard Time) at the SPIE Atmospheric Administration (NOAA), Commerce. SUPPLEMENTARY INFORMATION: The Photonics West, in San Francisco, CA at purpose of the SSC Groundfish ACTION: Notice of public meeting the InterContinental on 888 Howard Subcommittee meeting is to review (webinar). Street, a block from the Moscone Center groundfish harvest specifications that in Ballroom A. The Committee advises SUMMARY: The Groundfish will inform management decisions for the Office of the Assistant Secretary for Subcommittee of the Pacific Fishery 2019 and beyond. The review will focus Export Administration on technical Management Council’s (Pacific on revised projections of lingcod harvest questions that affect the level of export Council’s) Scientific and Statistical specifications. An error was discovered controls applicable to sensors and Committee (SSC) will hold a meeting in the lingcod harvest specifications instrumentation equipment and via webinar to review 2019 and 2020 adopted by the Pacific Council in technology. groundfish harvest specifications, November 2017 requiring SSC review of the revised harvest specifications. Agenda particularly revised harvest specifications for lingcod. The SSC Additionally, the SSC Groundfish Public Session Groundfish Subcommittee will also Subcommittee will review draft sections discuss the groundfish research and relevant to groundfish management of 1. Welcome and Introductions. data needs for the Pacific Council’s 2018 the Pacific Council’s 2018 Research and 2. Summary of Licensing Statistics. Research and Data Needs document that Data Needs document. 3. Remarks from the Bureau of will be finalized this year. The webinar No management actions will be Industry and Security Management. meeting is open to the public. decided by the SSC’s Groundfish DATES: The SSC Groundfish Subcommittee. The SSC Groundfish 4. Industry Presentations. Subcommittee webinar will be held Subcommittee members’ role will be 5. New Business. Thursday, February 8, 2018 from 1 p.m. development of recommendations and The open session will be accessible to 4 p.m. Pacific Standard Time or until reports for consideration by the SSC and via teleconference to 20 participants on business for the day has been Pacific Council at the March meeting in a first come, first serve basis. To join the completed. Rohnert Park, CA. conference, submit inquiries to Ms. ADDRESSES: The SSC’s Groundfish Although nonemergency issues not Yvette Springer at Yvette.Springer@ Subcommittee meeting will be held by contained in the meeting agendas may bis.doc.gov no later than January 23, webinar. To attend the webinar, (1) join be discussed, those issues may not be 2018. the meeting by visiting this link https:// the subject of formal action during these meetings. Action will be restricted to A limited number of seats will be www.gotomeeting.com, (2) enter the those issues specifically listed in this available during the public session of webinar ID: 728–365–997, and (3) enter notice and any issues arising after the meeting. Reservations are not your name and email address (required). After logging into the webinar, please publication of this notice that require accepted. To the extent that time emergency action under section 305(c) permits, members of the public may (1) dial this TOLL number: 1–312–757– 3121 (not a toll-free number); (2) enter of the Magnuson-Stevens Fishery present oral statements to the the attendee phone audio access code: Conservation and Management Act, Committee. The public may submit 728–365–997; and (3) then enter your provided the public has been notified of written statements at any time before or audio phone pin (shown after joining the intent of the SSC Groundfish after the meeting. However, to facilitate the webinar). Note: We have disabled Subcommittee to take final action to distribution of public presentation mic/speakers as an option and require address the emergency. materials to the Committee members, all participants to use a telephone or Special Accommodations the Committee suggests that the cell phone to participate. Technical materials be forwarded before the Information and System Requirements: These meetings are physically meeting to Ms. Springer. PC-based attendees are required to use accessible to people with disabilities. For more information contact Yvette Windows® 7, Vista, or XP; Mac®-based Requests for sign language ® Springer on (202) 482–2813. attendees are required to use Mac OS interpretation or other auxiliary aids X 10.5 or newer; Mobile attendees are should be directed to Mr. Kris Yvette Springer, required to use iPhone®, iPad®, Kleinschmidt (503) 820–2411 at least 10 Committee Liaison Officer. AndroidTM phone or Android tablet (See days prior to the meeting date. [FR Doc. 2018–00956 Filed 1–19–18; 8:45 am] the https://www.gotomeeting.com/ Dated: January 17, 2018. BILLING CODE P webinar/ipad-iphone-android-webinar- apps). You may send an email to Mr. Tracey L. Thompson, Kris Kleinschmidt at Acting Deputy Director, Office of Sustainable [email protected] or contact Fisheries, National Marine Fisheries Service. him at (503) 820–2280, extension 411 [FR Doc. 2018–01002 Filed 1–19–18; 8:45 am] for technical assistance. A public BILLING CODE 3510–22–P

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DEPARTMENT OF COMMERCE Management, Projects/Topics ADDRESSES: Management, Finance and Meeting address: The SEDAR 51 National Oceanic and Atmospheric Infrastructure, and Communication/ Review Workshop will be held at the Administration Outreach/Education to develop program Gulf of Mexico Fishery Management RIN 0648–XF964 policies and operations for the Council’s Council Office, 2203 N. Lois Ave., Suite Citizen Science Program. 1100, Tampa, FL 33607. Fisheries of the South Atlantic; South The Finance and Infrastructure Action SEDAR address: 4055 Faber Place Atlantic Fishery Management Council; Team will meet to continue work on Drive, Suite 201, N Charleston, SC Public Meetings developing recommendations on 29405. program policies and operations to be FOR FURTHER INFORMATION CONTACT: Julie AGENCY: National Marine Fisheries reviewed by the Council’s Citizen Neer, SEDAR Coordinator; phone: (843) Service (NMFS), National Oceanic and Science Committee. Public comment 571–4366 or toll free (866) SAFMC–10; Atmospheric Administration (NOAA), will be accepted at the beginning of the fax: (843) 769–4520; email: Julie.neer@ Commerce. meeting. safmc.net. ACTION: Announcement of meetings of Items to be addressed during these SUPPLEMENTARY INFORMATION: The Gulf the South Atlantic Fishery Management meetings: of Mexico, South Atlantic, and Council’s Citizen Science Advisory 1. Discuss work on tasks in the Terms Caribbean Fishery Management Panel Finance and Infrastructure Action of Reference Councils, in conjunction with NOAA Team. 2. Other Business Fisheries and the Atlantic and Gulf SUMMARY: The South Atlantic Fishery Special Accommodations States Marine Fisheries Commissions have implemented the Southeast Data, Management Council (Council) will These meetings are physically hold a series of meetings of its Citizen Assessment and Review (SEDAR) accessible to people with disabilities. process, a multi-step method for Science Advisory Panel Finance and Requests for auxiliary aids should be Infrastructure Action Team via webinar. determining the status of fish stocks in directed to the Council office (see the Southeast Region. SEDAR is a three- DATES: The meeting via webinar will be ADDRESSES) 3 days prior to the meeting. held every other week on Wednesday at step process including: (1) Data 1 p.m. starting February 7, 2018. The Note: The times and sequence specified in Workshop; (2) Assessment Process this agenda are subject to change. schedule of meetings is Wednesday, utilizing workshops and webinars; and (3) Review Workshop. The product of February 7; February 21; March 7; Authority: 16 U.S.C. 1801 et seq. March 21; April 4; April 18; May 2; May the Data Workshop is a data report, Dated: January 17, 2018. 16; and May 30, 2018. All of the which compiles and evaluates potential meetings will start at 1 p.m. and are Tracey L. Thompson, datasets and recommends which scheduled to last approximately 90 Acting Deputy Director, Office of Sustainable datasets are appropriate for assessment minutes each. Additional Action Team Fisheries, National Marine Fisheries Service. analyses. The product of the Assessment meetings and plenary webinar dates and [FR Doc. 2018–01003 Filed 1–19–18; 8:45 am] Process is a stock assessment report, times will publish in a subsequent issue BILLING CODE 3510–22–P which describes the fisheries, evaluates in the Federal Register. the status of the stock, estimates biological benchmarks, projects future ADDRESSES: DEPARTMENT OF COMMERCE population conditions, and recommends Meeting address: The meetings will be research and monitoring needs. The held via webinar and are open to National Oceanic and Atmospheric assessment is independently peer members of the public. Webinar Administration reviewed at the Review Workshop. The registration is required and registration product of the Review Workshop is a links will be posted to the Citizen RIN 0648–XF911 Summary documenting panel opinions Science program page of the Council’s Fisheries of the Gulf of Mexico; regarding the strengths and weaknesses website at www.safmc.net. Southeast Data, Assessment and of the stock assessment and input data. Council address: South Atlantic Review (SEDAR); Public Meeting Participants for SEDAR Workshops are Fishery Management Council, 4055 appointed by the Gulf of Mexico, South Faber Place Drive, Suite 201, N AGENCY: National Marine Fisheries Atlantic, and Caribbean Fishery Charleston, SC 29405. Service (NMFS), National Oceanic and Management Councils and NOAA FOR FURTHER INFORMATION CONTACT: Atmospheric Administration (NOAA), Fisheries Southeast Regional Office, Amber Von Harten, Citizen Science Commerce. HMS Management Division, and Program Manager, SAFMC; phone: (843) ACTION: Notice of SEDAR 51 Review Southeast Fisheries Science Center. 302–8433 or toll free: (866) SAFMC–10; Workshop for Gulf of Mexico Gray Participants include: Data collectors and fax: (843) 769–4520; email: Snapper. database managers; stock assessment [email protected]. scientists, biologists, and researchers; SUMMARY: The SEDAR 51 assessment of SUPPLEMENTARY INFORMATION: The constituency representatives including the Gulf of Mexico Gray Snapper will Council’s Citizen Science Finance and fishermen, environmentalists, and non- consist of: A Data Workshop; an Infrastructure Action Team will meet governmental organizations (NGOs); assessment workshop and series of every other week on Wednesday at 1 international experts; and staff of Assessment webinars; and a Review p.m. Councils, Commissions, and state and Workshop. See SUPPLEMENTARY The South Atlantic Fishery federal agencies. INFORMATION. Management Council (Council) created The items of discussion in the Review a Citizen Science Advisory Panel Pool DATES: The SEDAR 51 Review Workshop agenda are as follows: in June 2017. The Council appointed Workshop will be held from 9 a.m. on The Review Panel participants will members of the Citizen Science February 13, 2018 until 5 p.m. on review the stock assessment reports to Advisory Panel Pool to five Action February 15, 2018. See SUPPLEMENTARY determine if they are scientifically Teams in the areas of Volunteers, Data INFORMATION. sound.

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Although non-emergency issues not SUPPLEMENTARY INFORMATION: rockfish standard ex-vessel values contained in this agenda may come during the first quarter of each calendar Background before this group for discussion, those year. The standard prices are described issues may not be the subject of formal The rockfish fisheries are conducted in U.S. dollars per pound for rockfish action during this meeting. Action will in Federal waters near Kodiak, AK, by primary and secondary species CQ be restricted to those issues specifically trawl and longline vessels. Regulations landings made during the previous year. identified in this notice and any issues implementing the Central Gulf of Alaska Fee Percentage arising after publication of this notice (GOA) Rockfish Program (Rockfish that require emergency action under Program) are set forth at 50 CFR part NMFS assesses a fee on the standard section 305(c) of the Magnuson-Stevens 679. Exclusive harvesting privileges are ex-vessel value of rockfish primary Fishery Conservation and Management allocated as quota share under the species and rockfish secondary species Act, provided the public has been Rockfish Program for rockfish primary CQ harvested by rockfish cooperatives notified of the intent to take final action and secondary species. Each year, in the Central GOA and waters adjacent to address the emergency. NMFS issues rockfish primary and to the Central GOA when rockfish secondary species cooperative quota primary species caught by a cooperative Special Accommodations (CQ) to rockfish quota share holders to are deducted from the Federal total These meetings are physically authorize harvest of these species. The allowable catch. The rockfish entry level accessible to people with disabilities. rockfish primary species are northern longline fishery and trawl vessels that Requests for auxiliary aids should be rockfish, Pacific ocean perch, and dusky opt out of joining a cooperative are not directed to the council office (see rockfish. In 2012, dusky rockfish subject to cost recovery fees because ADDRESSES) at least 10 days prior to the replaced the pelagic shelf rockfish those participants do not receive meeting. species group in the GOA Groundfish rockfish CQ. Specific details on the Harvest Specifications (77 FR 15194, Rockfish Program’s cost recovery Note: The times and sequence specified in March 14, 2012). The rockfish this agenda are subject to change. provision may be found in the secondary species include Pacific cod, implementing regulations set forth at Authority: 16 U.S.C. 1801 et seq. rougheye rockfish, shortraker rockfish, § 679.85. sablefish, and thornyhead rockfish. Dated: January 17, 2018. NMFS informs—by letter—each Rockfish cooperatives began fishing rockfish cooperative of the fee Tracey L. Thompson, under the Rockfish Program on May 1, percentage applied to the previous Acting Deputy Director, Office of Sustainable 2012. Fisheries, National Marine Fisheries Service. The Rockfish Program is a limited year’s landings and the total amount [FR Doc. 2018–01001 Filed 1–19–18; 8:45 am] access privilege program established due. Fees are due on or before February BILLING CODE 3510–22–P under the provisions of section 303A of 15 of each year. Failure to pay on time the Magnuson-Stevens Fishery will result in the permit holder’s Conservation and Management Act rockfish quota share becoming non- DEPARTMENT OF COMMERCE (Magnuson-Stevens Act). Sections 303A transferable, and the person will be and 304(d) of the Magnuson-Stevens Act ineligible to receive any additional National Oceanic and Atmospheric require NMFS to collect fees to recover rockfish quota share by transfer. In Administration the actual costs directly related to the addition, cooperative members will not RIN 0648–XF878 management, data collection and receive any rockfish CQ the following analysis, and enforcement of any year until full payment of the fee is Fisheries of the Exclusive Economic limited access privilege program. received by NMFS. Zone Off Alaska; Groundfish of the Therefore, NMFS is required to collect NMFS calculates and publishes in the Gulf of Alaska; Central Gulf of Alaska fees for the Rockfish Program under Federal Register the fee percentage in Rockfish Program sections 303A and 304(d)(2) of the the first quarter of each year according Magnuson-Stevens Act. Section to the factors and methods described in AGENCY: National Marine Fisheries Federal regulations at § 679.85(c)(2). Service (NMFS), National Oceanic and 304(d)(2) of the Magnuson-Stevens Act also limits the cost recovery fee so that NMFS determines the fee percentage Atmospheric Administration (NOAA), that applies to landings made in the Commerce. it may not exceed 3 percent of the ex- vessel value of the fish harvested under previous year by dividing the total ACTION: Notification of standard prices the Rockfish Program. Rockfish Program management, data and fee percentage. collection and analysis, and Standard Prices enforcement costs (direct program costs) SUMMARY: NMFS publishes the standard during the previous year by the total ex-vessel prices and fee percentage for NMFS calculates cost recovery fees standard ex-vessel value of the rockfish cost recovery under the Central Gulf of based on standard ex-vessel value primary species and rockfish secondary Alaska Rockfish Program. This action is prices, rather than actual price data species for all rockfish CQ landings intended to provide participants in a provided by each rockfish CQ holder. made during the previous year (fishery rockfish cooperative with the standard Use of standard ex-vessel prices is value). NMFS captures the direct prices and fee percentage for the 2017 allowed under sections 303A and program costs through an established fishing year, which was authorized from 304(d)(2) of the Magnuson-Stevens Act. accounting system that allows staff to May 1 through November 15. The fee NMFS generates a standard ex-vessel track labor, travel, contracts, rent, and percentage is 2.04 percent. The fee price for each rockfish primary and procurement. Fee collections in any payments are due from each rockfish secondary species on a monthly basis to given year may be less than, or greater cooperative on or before February 15, determine the average price paid per than, the direct program costs and 2018. pound for all shoreside processors receiving rockfish primary and fishery value for that year, because, by DATES: Valid on: January 22, 2018. secondary species CQ. regulation, the fee percentage is FOR FURTHER INFORMATION CONTACT: Carl Regulations at § 679.85(b)(2) require established in the first quarter of the Greene, 907–586–7105. the Regional Administrator to publish calendar year based on the program

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costs and the fishery value of the the 2017 calendar year is 2.04 percent costs for 2017 were 46 percent lower previous calendar year. of the standard ex-vessel value. The fee than in 2016, with the majority of the Using the fee percentage formula percentage for 2017 is a decrease from reduction coming from personnel, described above, the estimated the 2016 fee percentage of 2.54 percent overhead, and contracting costs. percentage of program costs to value for (82 FR 5533, January 18, 2017). Program

TABLE 1—STANDARD EX-VESSEL PRICES BY SPECIES FOR THE 2017 ROCKFISH PROGRAM SEASON IN KODIAK, ALASKA

Standard ex-vessel Species Period ending price per pound

Dusky rockfish * ...... May 31 ...... $0.16 June 30 ...... 0.16 July 31 ...... 0.16 August 31 ...... 0.16 September 30 ...... 0.16 October 31 ...... 0.16 November 30 ...... 0.16 Northern rockfish ...... May 31 ...... 0.15 June 30 ...... 0.14 July 31 ...... 0.15 August 31 ...... 0.15 September 30 ...... 0.15 October 31 ...... 0.15 November 30 ...... 0.15 Pacific cod ...... May 31 ...... 0.36 June 30 ...... 0.35 July 31 ...... 0.35 August 31 ...... 0.35 September 30 ...... 0.35 October 31 ...... 0.35 November 30 ...... 0.35 Pacific ocean perch ...... May 31 ...... 0.18 June 30 ...... 0.18 July 31 ...... 0.18 August 31 ...... 0.18 September 30 ...... 0.18 October 31 ...... 0.18 November 30 ...... 0.18 Rougheye rockfish ...... May 31 ...... 0.20 June 30 ...... 0.20 July 31 ...... 0.20 August 31 ...... 0.20 September 30 ...... 0.20 October 31 ...... 0.20 November 30 ...... 0.15 Sablefish ...... May 31 ...... 3.80 June 30 ...... 3.27 July 31 ...... 3.37 August 31 ...... 3.37 September 30 ...... 3.61 October 31 ...... 3.07 November 30 ...... 3.12 Shortraker rockfish ...... May 31 ...... 0.21 June 30 ...... 0.21 July 31 ...... 0.21 August 31 ...... 0.21 September 30 ...... 0.21 October 31 ...... 0.21 November 30 ...... 0.21 Thornyhead rockfish ...... May 31 ...... 0.39 June 30 ...... 0.35 July 31 ...... 0.36 August 31 ...... 0.36 September 30 ...... 0.38 October 31 ...... 0.37 November 30 ...... 0.32 * The pelagic shelf rockfish species group has been changed to ‘‘dusky rockfish.’’

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Authority: 16 U.S.C. 773 et seq.; 1801 et The OEAB expects that public DEPARTMENT OF EDUCATION seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. statements at its meetings will not be [Docket No.: ED–2017–ICCD–0137] 111–281. repetitive of previously submitted Dated: January 17, 2018. verbal or written statements. In general, Agency Information Collection Alan D. Risenhoover, each individual or group making a Activities; Submission to the Office of Director, Office of Sustainable Fisheries, verbal presentation will be limited to Management and Budget for Review National Marine Fisheries Service. three minutes. The Designated Federal and Approval; Comment Request; [FR Doc. 2018–01009 Filed 1–19–18; 8:45 am] Officer must receive written comments Lender’s Application Process (LAP) BILLING CODE 3510–22–P by January 27, 2018 to provide sufficient AGENCY: Federal Student Aid (FSA), time for OEAB review. Written Department of Education (ED). comments received after January 27, ACTION: DEPARTMENT OF COMMERCE 2018 will be distributed to the OEAB Notice. National Oceanic and Atmospheric but may not be reviewed prior to the SUMMARY: In accordance with the Administration meeting date. Seats will be available on Paperwork Reduction Act of 1995, ED is a first-come, first-served basis. proposing an extension of an existing Ocean Exploration Advisory Board Special Accommodations: These information collection. (OEAB); the OEAB Meeting Is meetings are physically accessible to DATES: Interested persons are invited to Scheduled for January 30–31, 2018 in people with disabilities. Requests for submit comments on or before February Seattle, WA sign language interpretation or other 21, 2018. ADDRESSES: To access and review all the AGENCY: Office of Ocean Exploration auxiliary aids should be directed to documents related to the information and Research (OER), National Oceanic David McKinnie, Designated Federal collection listed in this notice, please and Atmospheric Administration Officer (see below) by January 27, 2018. use http://www.regulations.gov by (NOAA), Department of Commerce FOR FURTHER INFORMATION CONTACT: Mr. searching the Docket ID number ED– (DOC). David McKinnie, Designated Federal 2017–ICCD–0137. Comments submitted ACTION: Notice of public meeting. Officer, Ocean Exploration Advisory in response to this notice should be Board, National Oceanic and submitted electronically through the SUMMARY: This notice sets forth the Atmospheric Administration, 7600 Sand Federal eRulemaking Portal at http:// schedule and proposed agenda of a Point Way, NE, Seattle, WA 98115, (206) www.regulations.gov by selecting the forthcoming meeting of the Ocean 526–6950. Docket ID number or via postal mail, Exploration Advisory Board (OEAB). commercial delivery, or hand delivery. OEAB members will discuss and SUPPLEMENTARY INFORMATION: NOAA Please note that comments submitted by provide advice on Federal ocean established the OEAB under the Federal fax or email and those submitted after exploration programs, with a particular Advisory Committee Act (FACA) and the comment period will not be emphasis on National Oceanic and legislation that gives the agency accepted. Written requests for Atmospheric Administration (NOAA) statutory authority to operate an ocean information or comments submitted by Office of Ocean Exploration and exploration program and to coordinate a postal mail or delivery should be Research (OER) activities; discuss national program of ocean exploration. addressed to the Director of the nontraditional ocean exploration The OEAB advises NOAA leadership on Information Collection Clearance platforms; discuss National Ocean strategic planning, exploration Division, U.S. Department of Education, Exploration Forums; and conduct its priorities, competitive ocean 400 Maryland Avenue SW, LBJ, Room annual review of the OER federal exploration grant programs and other 216–34, Washington, DC 20202–4537. funding opportunity process; and other matters as the NOAA Administrator FOR FURTHER INFORMATION CONTACT: For matters as described in the agenda requests. found on the OEAB website at http:// specific questions related to collection oeab.noaa.gov. OEAB members represent government activities, please contact Beth agencies, the private sector, academic Grebeldinger, 202–377–4018. DATES: The announced meeting is institutions, and not-for-profit SUPPLEMENTARY INFORMATION: The scheduled for Tuesday, January 30, 2018 institutions involved in all facets of Department of Education (ED), in from 9:00 a.m. to 5:00 p.m. PST and ocean exploration—from advanced accordance with the Paperwork Wednesday, January 31, 2018 from 9:00 technology to citizen exploration. Reduction Act of 1995 (PRA) (44 U.S.C. to 5:00 p.m. PST. 3506(c)(2)(A)), provides the general In addition to advising NOAA ADDRESSES: The meeting will be held at: public and Federal agencies with an School of Oceanography, University of leadership, NOAA expects the OEAB to opportunity to comment on proposed, Washington, 1503 NE Boat Street, help to define and develop a national revised, and continuing collections of Seattle, WA 98105. program of ocean exploration—a information. This helps the Department Status: The meeting will be open to network of stakeholders and assess the impact of its information the public with a 15-minute public partnerships advancing national collection requirements and minimize comment period on Tuesday, January priorities for ocean exploration. the public’s reporting burden. It also 30, 2018 from 11:45 a.m. to 12:00 p.m. Dated: January 11, 2018. helps the public understand the PST (please check the final agenda on David Holst, Department’s information collection the website to confirm the time). The requirements and provide the requested Chief Financial Officer, Office of Oceanic and public may listen to the meeting and data in the desired format. ED is Atmospheric Research, National Oceanic and provide comments during the public Atmospheric Administration. soliciting comments on the proposed comment period via teleconference. information collection request (ICR) that [FR Doc. 2018–01040 Filed 1–19–18; 8:45 am] Dial-in information may be found on the is described below. The Department of meeting agenda posted to the OEAB BILLING CODE 3510–KA–P Education is especially interested in website. public comment addressing the

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following issues: (1) Is this collection DATES: researchers; and (4) developing and necessary to the proper functions of the Request for Applications Available: hosting a CTE Network website and Department; (2) will this information be January 22, 2018. conducting other leadership and processed and used in a timely manner; Applications Available: February 15, dissemination activities to share the (3) is the estimate of burden accurate; 2018. findings and products of the CTE (4) how might the Department enhance Deadline for Notice of Intent to Apply: Network with policymakers, the quality, utility, and clarity of the February 15, 2018. practitioners, and other researchers. information to be collected; and (5) how Deadline for Transmittal of Program Authority: 20 U.S.C. might the Department minimize the Applications: April 5, 2018. 2324(d)(4); 20 U.S.C. 9501 et seq. burden of this collection on the FOR FURTHER INFORMATION CONTACT: Dr. Applicable Regulations: (a) The respondents, including through the use Corinne Alfeld, Institute of Education Education Department General of information technology. Please note Sciences, U.S. Department of Education, Administrative Regulations in 34 CFR that written comments received in Potomac Center Plaza, 550 12th Street parts 77, 81, 82, 84, 86, 97, 98, and 99. response to this notice will be SW, Washington, DC 20202 or by email: In addition, the regulations in 34 CFR considered public records. [email protected]. part 75 are applicable, except for the Title of Collection: Lender’s If you use a telecommunications provisions in 34 CFR 75.100, 75.101(b), Application Process (LAP). device for the deaf (TDD) or a text 75.102, 75.103, 75.105, 75.109(a), OMB Control Number: 1845–0032. telephone (TTY), call the Federal Relay 75.200, 75.201, 75.209, 75.210, 75.211, Type of Review: An extension of an Service (FRS), toll free, at 1–800–877– 75.217(a)-(c), 75.219, 75.220, 75.221, existing information collection. 8339. 75.222, and 75.230. (b) The Office of Respondents/Affected Public: Private SUPPLEMENTARY INFORMATION: Management and Budget Guidelines to Sector. Agencies on Governmentwide Total Estimated Number of Annual Full Text of Announcement Debarment and Suspension Responses: 10. I. Funding Opportunity Description (Nonprocurement) in 2 CFR part 180, as Total Estimated Number of Annual Purpose of Program: The Research adopted and amended as regulations of Burden Hours: 2. Networks Focused on Critical Problems the Department in 2 CFR part 3485. (c) Abstract: The Lender’s Application of Education Policy and Practice The Uniform Administrative Process (LAP) is submitted by lenders Program is designed to direct resources Requirements, Cost Principles, and who are eligible for reimbursement of and attention to education problems or Audit Requirements for Federal Awards interest and special allowance, as well issues that are a high priority for the in 2 CFR part 200, as adopted and as Federal Insured Student Loan (FISL) Nation, and to create a structure and amended in 2 CFR part 3474. claims payment, under the Federal process for researchers who are working Note: The regulations in 34 CFR part 86 Family Education Loan Program. The on these issues to share ideas, build new apply to institutions of higher education information will be used by ED to knowledge, and strengthen their only. update Lender Identification Numbers research and dissemination capacity. (LID’s), lender names, addresses with 9 Under this announcement, the Institute II. Award Information digit zip codes, and other pertinent of Education Sciences (Institute) intends Type of Award: Cooperative information. to award one grant under this program agreement. Dated: January 17, 2018. to fund the Lead of a CTE Network, Estimated Number of Awards: 1. Kate Mullan, which is to carry out the requirements Maximum Award: The maximum total Acting Director, Information Collection under section 114(d)(4) of the Carl D. award is $5 million for the entire project Clearance Division, Office of the Chief Privacy Perkins Career and Technical Education period of 60 months. Officer, Office of Management. Act to establish a national research Note: The Department is not bound by any [FR Doc. 2018–01000 Filed 1–19–18; 8:45 am] center to carry out scientifically based estimates in this notice. BILLING CODE 4000–01–P research on career and technical Project Period: 60 months. education programs. The CTE Network will conduct research on CTE through III. Eligibility Information DEPARTMENT OF EDUCATION projects funded by other Institute grant 1. Eligible Applicants: Eligible competitions. The goal of the CTE Applications for New Awards; Lead of applicants are institutions of higher Network is to support and expand the education, public and private non-profit a Career and Technical Education causal research base on CTE at the (CTE) Network: Research Networks organizations and agencies, and secondary and/or postsecondary level consortia of such institutions, Focused on Critical Problems of specifically through research on Education Policy and Practice Program organizations, or agencies that have the whether and how CTE practices, ability and capacity to conduct AGENCY: Institute of Education Sciences, programs, and policies affect student scientifically valid research. Department of Education. education outcomes. The Network Lead 2. Cost Sharing or Matching: This ACTION: Notice. will be responsible for: (1) CTE Network program does not require cost sharing or administration and coordination, matching. SUMMARY: The Department of Education including convening meetings and is issuing a notice inviting applications coordinating supplemental research IV. Application and Submission for a new award for fiscal year (FY) 2018 activities among Network members; (2) Information to fund the Lead of a Career and conducting research activities including 1. Request for Applications and Other Technical Education (CTE) Network an evaluability assessment of CTE Information: Information regarding under the Research Networks Focused programs and a final synthesis of the program and application requirements on Critical Problems of Education Policy CTE Network’s major findings and for this competition will be contained in and Practice Program, Catalog of Federal lessons; (3) providing research training the Request for Applications (RFA), Domestic Assistance (CFDA) number to increase the capacity of the field and which will be available on or before 84.305N. to create a pipeline of new CTE January 22, 2018, on the Institute’s

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website at: http://ies.ed.gov/funding/. a. Have a Data Universal Numbering steps are outlined at the following The application package for this System (DUNS) number and a Taxpayer Grants.gov web page: www.grants.gov/ competition will be available on Identification Number (TIN); web/grants/register.html. February 15, 2018, on the b. Register both your DUNS number 7. Other Submission Requirements: Governmentwide Grants.gov Apply site and TIN with the System for Award Applications for grants under this at www.Grants.gov. Management (SAM), the Government’s competition must be submitted Individuals with disabilities can primary registrant database; electronically unless you qualify for an obtain a copy of the application package c. Provide your DUNS number and exception to this requirement in in an accessible format (e.g., braille, TIN on your application; and accordance with the instructions in this large print, audiotape, or compact disc) d. Maintain an active SAM section. by contacting the person listed under registration with current information a. Electronic Submission of FOR FURTHER INFORMATION CONTACT. while your application is under review Applications. 2. Content and Form of Application by the Department and, if you are Applications for grants under the Submission: Requirements concerning awarded a grant, during the project Research Networks Focused on Critical the content of an application are period. Problems of Education Policy and contained in the RFA. The forms that You can obtain a DUNS number from Practice Program, CFDA number must be submitted will be in the Dun and Bradstreet at the following 84.305N, must be submitted application package for this website: http://fedgov.dnb.com/ electronically using the competition. webform. A DUNS number can be Governmentwide Grants.gov Apply site at www.Grants.gov. You may not email 3. Submission Dates and Times: created within one to two business days. an electronic copy of a grant application Request for Applications Available: If you are a corporate entity, agency, institution, or organization, you can to us. January 22, 2018. A Grants.gov applicant must apply Applications Available: February 15, obtain a TIN from the Internal Revenue Service. If you are an individual, you online using Workspace, a shared 2018. environment where members of a grant Deadline for Notice of Intent to Apply: can obtain a TIN from the Internal Revenue Service or the Social Security team may simultaneously access and February 15, 2018. edit different webforms within an Deadline for Transmittal of Administration. If you need a new TIN, please allow two to five weeks for your application. An applicant can create an Applications: April 5, 2018. individual Workspace for each We do not consider an application TIN to become active. The SAM registration process can take application notice and, thus, establish that does not comply with the deadline for that application a collaborative requirements. approximately seven business days, but may take upwards of several weeks, application package that allows more The application package for this than one person in the applicant’s competition must be submitted depending on the completeness and accuracy of the data you enter into the organization to work concurrently on an electronically using the Grants.gov application. The applicant can, thus, Apply site (www.Grants.gov). For SAM database. Thus, if you think you might want to apply for Federal assign other users to participate in the information about how to submit your Workspace. The system also enables the application package electronically, or in financial assistance under a program administered by the Department, please applicant to reuse forms from previous paper format by mail or hand delivery submissions; check them in and out and if you qualify for an exception to the allow sufficient time to obtain and register your DUNS number and TIN. complete them; and submit its electronic submission requirement, application package. For access to please refer to the Other Submission We strongly recommend that you register early. complete instructions on how to apply, Requirements section below. refer to: www.grants.gov/web/grants/ Individuals with disabilities who Note: Once your SAM registration is active, applicants/apply-for-grants.html. need an accommodation or auxiliary aid it may be 24 to 48 hours before you can Effective January 1, 2018, applicants in connection with the application access the information in, and submit an may not download an Adobe form application through, Grants.gov. process should contact the person listed application package from Grants.gov. under FOR FURTHER INFORMATION If you are currently registered with Applicants must instead use Workspace. CONTACT. If the Department provides an SAM, you may not need to make any We will reject your application if you accommodation or auxiliary aid to an changes. However, please make certain submit it in paper format unless, as individual with a disability in that the TIN associated with your DUNS described elsewhere in this section, you connection with the application number is correct. Also, note that you qualify for one of the exceptions to the process, the individual’s application will need to update your registration electronic submission requirement and remains subject to all other annually. This may take three or more submit, no later than two weeks before requirements and limitations in this business days. the application deadline date, a written notice. Information about SAM is available at statement to the Department that you 4. Intergovernmental Review: This www.SAM.gov. To further assist you qualify for one of these exceptions. competition is not subject to Executive with obtaining and registering your Further information regarding Order 12372 and the regulations in CFR DUNS number and TIN in SAM or calculation of the date that is two weeks part 79. updating your existing SAM account, before the application deadline date is 5. Funding Restrictions: We reference we have prepared a SAM.gov Tip Sheet, provided later in this section under regulations outlining funding which you can find at: www2.ed.gov/ Exception to Electronic Submission restrictions in the Applicable fund/grant/apply/sam-faqs.html. Requirement. Regulations section of this notice. In addition, if you are submitting your You may access the electronic grant 6. Data Universal Numbering System application via Grants.gov, you must (1) application for the Research Networks Number, Taxpayer Identification be designated by your organization as an Focused on Critical Problems of Number, and System for Award Authorized Organization Representative Education Policy and Practice Management: To do business with the (AOR); and (2) register yourself with competition at www.Grants.gov. You Department of Education, you must— Grants.gov as an AOR. Details on these must search for the downloadable

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application package for this competition • You must submit all documents Department’s application requirements by the CFDA number. Do not include electronically, including all information as specified in this notice and in the the CFDA number’s alpha suffix in your you typically provide on the following application instructions. Disqualifying search (e.g., search for 84.305, not forms: The Application for Federal errors could include, for instance, 84.305N). Assistance (SF 424), the Department of failure to upload attachments in a read- Please note the following: Education Supplemental Information for only, flattened PDF; failure to submit a • When you enter the Grants.gov site, SF 424, Budget Information—Non- required part of the application; or you will find information about Construction Programs (ED 524), and all failure to meet applicant eligibility submitting an application electronically necessary assurances and certifications. requirements. It is your responsibility to through the site, as well as the hours of • You must upload any narrative ensure that your submitted application operation. sections and all other attachments to has met all of the Department’s • Applications received by your application as files in a read-only, requirements. Grants.gov are date and time stamped. flattened Portable Document Format • We may request that you provide us Your application must be fully (PDF), meaning any fillable PDF original signatures on forms at a later uploaded and submitted and must be documents must be saved as flattened date. date and time stamped by the non-fillable files. Therefore, do not Application Deadline Date Extension Grants.gov system no later than 4:30:00 upload an interactive or fillable PDF in Case of Technical Issues with the p.m., Washington, DC time, on the file. If you upload a file type other than Grants.gov System: If you are application deadline date. Except as a read-only, flattened PDF (e.g., Word, experiencing problems submitting your otherwise noted in this section, we will Excel, WordPerfect, etc.) or submit a application through Grants.gov, please not accept your application if it is password-protected file, we will not contact the Grants.gov Support Desk, received—that is, date and time review that material. Please note that toll free, at 1–800–518–4726. You must stamped by the Grants.gov system—after this could result in your application not obtain a Grants.gov Support Desk Case 4:30:00 p.m., Washington, DC time, on being considered for funding because Number and must keep a record of it. the application deadline date. We do the material in question—for example, If you are prevented from not consider an application that does the project narrative—is critical to a electronically submitting your not comply with the deadline meaningful review of your proposal. For application on the application deadline requirements. When we retrieve your that reason it is important to allow date because of technical problems with application from Grants.gov, we will yourself adequate time to upload all the Grants.gov system, we will grant you notify you if we are rejecting your material as PDF files. The Department an extension until 4:30:00 p.m., application because it was date and time will not convert material from other Washington, DC time, the following stamped by the Grants.gov system after formats to PDF. There is no need to business day to enable you to transmit 4:30:00 p.m., Washington, DC time, on password protect a file in order to meet your application electronically or by the application deadline date. the requirement to submit a read-only hand delivery. You also may mail your • The amount of time it can take to flattened PDF. And, as noted, the application by following the mailing upload an application will vary Department will not review password- instructions described elsewhere in this depending on a variety of factors, protected files. notice. including the size of the application and • After you electronically submit If you submit an application after the speed of your internet connection. your application, you will receive from 4:30:00 p.m., Washington, DC time, on Therefore, we strongly recommend that Grants.gov an automatic notification of the application deadline date, please you do not wait until the application receipt that contains a Grants.gov contact the person listed under FOR deadline date to begin the submission tracking number. (This notification FURTHER INFORMATION CONTACT and process through Grants.gov. indicates receipt by Grants.gov only, not provide an explanation of the technical • You should review and follow the receipt by the Department.) Grants.gov problem you experienced with Education Submission Procedures for will also notify you automatically by Grants.gov, along with the Grants.gov submitting an application through email if your application met all the Support Desk Case Number. We will Grants.gov that are included in the Grants.gov validation requirements or if accept your application if we can application package for the competition there were any errors (such as confirm that a technical problem to ensure that you submit your submission of your application by occurred with the Grants.gov system application in a timely manner to the someone other than a registered and that the problem affected your Grants.gov system. You can also find the Authorized Organization ability to submit your application by Education Submission Procedures Representative, or inclusion of an 4:30:00 p.m., Washington, DC time, on pertaining to Grants.gov under News attachment with a file name that the application deadline date. We will and Events on the Department’s G5 contains special characters). You will be contact you after we determine whether system home page at www.G5.gov. In given an opportunity to correct any your application will be accepted. addition, for specific guidance and errors and resubmit, but you must still procedures for submitting an Note: The extensions to which we refer in meet the deadline for submission of this section apply only to the unavailability application through Grants.gov, please applications. of, or technical problems with, the Grants.gov refer to the Grants.gov website at: Once your application is successfully system. We will not grant an extension if you www.grants.gov/web/grants/applicants/ validated by Grants.gov, the Department failed to fully register to submit your apply-for-grants.html. will retrieve your application from application to Grants.gov before the • You will not receive additional Grants.gov and send you an email with application deadline date and time or if the point value because you submit your a unique PR/Award number for your technical problem you experienced is application in electronic format, nor application. unrelated to the Grants.gov system. will we penalize you if you qualify for These emails do not mean that your Exception to Electronic Submission an exception to the electronic application is without any disqualifying Requirement: You qualify for an submission requirement, as described errors. While your application may have exception to the electronic submission elsewhere in this section, and submit been successfully validated by requirement, and may submit your your application in paper format. Grants.gov, it must also meet the application in paper format, if you are

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unable to submit an application through accept either of the following as proof the proposed activities. These criteria the Grants.gov system because— of mailing: are described in greater detail in the • You do not have access to the (1) A private metered postmark. RFA. internet; or (2) A mail receipt that is not dated by 2. Review and Selection Process: We • You do not have the capacity to the U.S. Postal Service. remind potential applicants that in upload large documents to the Note: The U.S. Postal Service does not reviewing applications in any Grants.gov system; and uniformly provide a dated postmark. Before discretionary grant competition, the • No later than two weeks before the relying on this method, you should check Institute may consider, under 34 CFR application deadline date (14 calendar with your local post office. 75.217(d)(3), the past performance of the applicant in carrying out a previous days or, if the fourteenth calendar day We will not consider applications award, such as the applicant’s use of before the application deadline date postmarked after the application funds, achievement of project falls on a Federal holiday, the next deadline date. objectives, and compliance with grant business day following the Federal c. Submission of Paper Applications conditions. The Institute may also holiday), you mail or fax a written by Hand Delivery. consider whether the applicant failed to statement to the Department, explaining If you qualify for an exception to the submit a timely performance report or which of the two grounds for an electronic submission requirement, you submitted a report of unacceptable exception prevents you from using the (or a courier service) may deliver your internet to submit your application. quality. paper application to the Department by In addition, in making a competitive If you mail your written statement to hand. You must deliver the original and the Department, it must be postmarked grant award, the Institute also requires two copies of your application by hand, various assurances including those no later than two weeks before the on or before the application deadline application deadline date. If you fax applicable to Federal civil rights laws date, to the Department at the following that prohibit discrimination in programs your written statement to the address: U.S. Department of Education, Department, we must receive the faxed or activities receiving Federal financial Application Control Center, Attention: assistance from the Department of statement no later than two weeks (CFDA Number: 84.305N), 550 12th Education (34 CFR 100.4, 104.5, 106.4, before the application deadline date. Street SW, Room 7039, Potomac Center 108.8, and 110.23). Address and mail or fax your Plaza, Washington, DC 20202–4260. 3. Risk Assessment and Special statement to: Ellie Pelaez, U.S. The Application Control Center Conditions: Consistent with 2 CFR Department of Education, 550 12th accepts hand deliveries daily between 200.205, before awarding grants under Street SW, Potomac Center Plaza, Room 8:00 a.m. and 4:30:00 p.m., Washington, this competition the Department 4107, Washington, DC 20202. Fax: 202– DC time, except Saturdays, Sundays, conducts a review of the risks posed by 245–6752. and Federal holidays. applicants. Under 2 CFR 3474.10, the If you use a TDD or a TTY, call the Note for Mail or Hand Delivery of Paper Institute may impose special conditions FRS, toll free, at 1–800–877–8339. Applications: If you mail or hand deliver and, in appropriate circumstances, high- Your paper application must be your application to the Department— risk conditions on a grant if the submitted in accordance with the mail (1) You must indicate on the envelope applicant or grantee is not financially or hand delivery instructions described and—if not provided by the Department—in stable; has a history of unsatisfactory in this notice. Item 11 of the SF 424 the CFDA number, performance; has a financial or other b. Submission of Paper Applications including suffix letter, if any, of the competition under which you are submitting management system that does not meet by Mail. the standards in 2 CFR part 200, subpart If you qualify for an exception to the your application; and (2) The Application Control Center will D; has not fulfilled the conditions of a electronic submission requirement, you mail to you a notification of receipt of your prior grant; or is otherwise not may mail (through the U.S. Postal grant application. If you do not receive this responsible. Service or a commercial carrier) your notification within 15 business days from the 4. Integrity and Performance System: application to the Department. You application deadline date, you should call If you are selected under this must mail the original and two copies the U.S. Department of Education competition to receive an award that of your application, on or before the Application Control Center at (202) 245– over the course of the project period application deadline date, to the 6288. may exceed the simplified acquisition Department at the following address: threshold (currently $150,000), under 2 V. Application Review Information U.S. Department of Education, CFR 200.205(a)(2) we must make a Application Control Center, Attention: 1. Selection Criteria: For all of its judgment about your integrity, business (CFDA Number: 84.305N), LBJ grant competitions, the Institute uses ethics, and record of performance under Basement Level 1, 400 Maryland selection criteria based on a peer-review Federal awards—that is, the risk posed Avenue SW, Washington, DC 20202– process that has been approved by the by you as an applicant—before we make 4260. National Board for Education Sciences. an award. In doing so, we must consider You must show proof of mailing The Peer Review Procedures for Grant any information about you that is in the consisting of one of the following: Applications can be found on the integrity and performance system (1) A legibly dated U.S. Postal Service Institute’s website at https://ies.ed.gov/ (currently referred to as the Federal postmark. director/sro/peer_review/application_ Awardee Performance and Integrity (2) A legible mail receipt with the review.asp. For this competition, peer Information System (FAPIIS)), date of mailing stamped by the U.S. reviewers will be asked to evaluate the accessible through SAM. You may Postal Service. significance of the application, the review and comment on any (3) A dated shipping label, invoice, or quality of the network plan (including information about yourself that a receipt from a commercial carrier. network administration, research Federal agency previously entered and (4) Any other proof of mailing activities, research training, leadership that is currently in FAPIIS. acceptable to the Institute. and dissemination), the qualifications Please note that, if the total value of If you mail your application through and experience of the personnel, and your currently active grants, cooperative the U.S. Postal Service, we do not the resources of the applicant to support agreements, and procurement contracts

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from the Federal Government exceeds publications, the number of newly Adobe Acrobat Reader, which is $10,000,000, the reporting requirements developed or modified interventions available free at this site. in 2 CFR part 200, Appendix XII, with evidence of promise for improving You may also access documents of the require you to report certain integrity student education outcomes, and the Department published in the Federal information to FAPIIS semiannually. number of Institute-supported Register by using the article search Please review the requirements in 2 CFR interventions with evidence of efficacy feature at: www.federalregister.gov. part 200, Appendix XII, if this grant in improving student outcomes Specifically, through the advanced plus all the other Federal funds you including student academic outcomes search feature at this site, you can limit receive exceed $10,000,000. and social and behavioral competencies your search to documents published by for school-age students. Student the Department. VI. Award Administration Information academic outcomes include learning Dated: January 16, 2018. 1. Award Notices: If your application and achievement in core academic is successful, we notify your U.S. content areas (reading, writing, math, Thomas Brock, Representative and U.S. Senators and and science), and outcomes that reflect Commissioner of the National Center for send you a Grant Award Notification students’ successful progression through Education Research, Delegated the Duties of (GAN); or we may send you an email the Director of the Institute of Education the education system (e.g., course and Sciences. containing a link to access an electronic grade completion; high school [FR Doc. 2018–00998 Filed 1–19–18; 8:45 am] version of your GAN. We may notify graduation; postsecondary enrollment, you informally, also. progress, and completion). Social and BILLING CODE 4000–01–P If your application is not evaluated or behavioral competencies include social not selected for funding, we notify you. and emotional skills, attitudes, and 2. Administrative and National Policy behaviors that are important to student’s DEPARTMENT OF ENERGY Requirements: We identify academic and post-academic success. administrative and national policy 6. Continuation Awards: In making a Proposed Agency Information requirements in the application package continuation award under 34 CFR Collection and reference these and other 75.253, the Institute considers, among requirements in the Applicable other things: Whether a grantee has AGENCY: Office of Energy Efficiency and Regulations section of this notice. made substantial progress in meeting Renewable Energy, U.S. Department of We reference the regulations outlining the goals and objectives of the project; Energy. the terms and conditions of an award in whether the grantee has expended funds ACTION: Notice and request for the Applicable Regulations section of in a manner that is consistent with its comments. this notice and include these and other approved application and budget; and, specific conditions in the GAN. The if the Institute has established SUMMARY: The Department of Energy GAN also incorporates your approved performance measurement (DOE) today gives notice of a request for application as part of your binding requirements, whether the grantee has public comment, pursuant to the commitments under the grant. met the performance targets in the Paperwork Reduction Act of 1995, on 3. Grant Administration: Applicants grantee’s approved application. the continued collection of information should budget for an annual two-day In making a continuation award, the entitled: Budget Justification, which meeting for project directors to be held Institute also considers whether the DOE has developed for submission to in Washington, DC. grantee is operating in compliance with and approval by the Office of 4. Reporting: (a) If you apply for a the assurances in its approved Management and Budget (OMB). grant under this competition, you must application, including those applicable DATES: Comments regarding this ensure that you have in place the to Federal civil rights laws that prohibit proposed information collection must necessary processes and systems to discrimination in programs or activities be received on or before March 23, 2018. comply with the reporting requirements receiving Federal financial assistance If you anticipate difficulty in submitting in 2 CFR part 170 should you receive from the Department (34 CFR 100.4, comments within that period, contact funding under the competition. This 104.5, 106.4, 108.8, and 110.23). the person listed in ADDRESSES as soon does not apply if you have an exception as possible. under 2 CFR 170.110(b). VII. Other Information (b) At the end of your project period, Accessible Format: Individuals with ADDRESSES: Written comments may be you must submit a final performance disabilities can obtain this document sent to U.S. Department of Energy, report, including financial information, and a copy of the RFA in an accessible Golden Field Office, 15013 Denver West as directed by the Institute. If you format (e.g., braille, large print, Parkway Golden, CO 80401–3111, Attn: receive a multiyear award, you must audiotape, or compact disc) on request James Cash, or by email at james.cash@ submit an annual performance report to the appropriate program contact ee.doe.gov. that provides the most current person listed in the chart at the end of FOR FURTHER INFORMATION CONTACT: performance and financial expenditure this notice. Requests for additional information or information as directed by the Institute Electronic Access to This Document: copies of the information collection under 34 CFR 75.118. The Institute may The official version of this document is instrument and instructions should be also require more frequent performance the document published in the Federal directed to James Cash, U.S. Department reports under 34 CFR 75.720(c). For Register. Free internet access to the of Energy, Golden Field Office, 15013 specific requirements on reporting, official edition of the Federal Register Denver West Parkway Golden, CO please go to www.ed.gov/fund/grant/ and the Code of Federal Regulations is 80401–3111, or by phone (240) 562– apply/appforms/appforms.html. available via the Federal Digital System 1456, or by email at james.cash@ 5. Performance Measures: To evaluate at: www.gpo.gov/fdsys. At this site you ee.doe.gov. The information collection the overall success of its education can view this document, as well as all instrument, titled ‘‘Budget Justification’’ research grant programs, the Institute other documents of this Department may also be viewed at https:// annually assesses the percentage of published in the Federal Register, in energy.gov/eere/funding/downloads/ projects that result in peer-reviewed text or PDF. To use PDF you must have budget-justification-eere-335-and-3351.

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SUPPLEMENTARY INFORMATION: This Issued in Golden, CO, on January 8, 2018. Docket No. ER16–204, Southwest Power information collection request contains: Derek Passarelli, Pool, Inc. (1) OMB No. 1910–5162, Budget Director, Golden Field Office, U.S. Docket No. ER16–2522, Southwest Justification; Department of Energy, Office of Energy Power Pool, Inc. Efficiency and Renewable Energy, Golden Docket No. ER16–2523, Southwest (2) Information Collection Request Field Office. Power Pool, Inc. Title: Budget Justification; [FR Doc. 2018–01027 Filed 1–19–18; 8:45 am] Docket No. EL17–11, Alabama Power (3) Type of Request: Renewal; BILLING CODE 6450–01–P Co. v. Southwest Power Pool, Inc. (4) Purpose: This collection of Docket No. EL17–21, Kansas Electric Co. information is necessary in order for v. Southwest Power Pool, Inc. DEPARTMENT OF ENERGY DOE to identify allowable, allocable, Docket No. EL17–86, Nebraska Public Power District v. Southwest Power and reasonable recipient project costs Federal Energy Regulatory eligible for Grants and Cooperative Pool, Inc. Commission Docket No. EL17–69, Buffalo Dunes et Agreements under Energy Efficiency al. v. Southwest Power Pool, Inc. and Renewable Energy (EERE) Notice of Staff Attendance at the Docket No. ER17–426, Southwest Power programs; Southwest Power Pool Regional Entity Pool, Inc. (5) Annual Estimated Number of Trustee, Regional State Committee, Docket No. ER17–428, Southwest Power Respondents: 400; Members’ Committee and Board of Pool, Inc. Directors’ Meetings (6) Annual Estimated Number of Docket No. ER17–469, Southwest Power Total Responses: 400; The Federal Energy Regulatory Pool, Inc. Docket No. ER17–772, Southwest Power (7) Annual Estimated Number of Commission (Commission) hereby gives Pool, Inc. Burden Hours: 24 hours, per response; notice that members of its staff may attend the meetings of the Southwest Docket No. ER17–889, Southwest Power (8) Annual Estimated Reporting and Power Pool, Inc. Regional State Pool, Inc. Recordkeeping Cost Burden: $940.80 Committee (RSC), Regional Entity Docket No. ER17–953, South Central per one time response; Trustee (RET), Members’ Committee and MCN LLC Comments are invited on: (a) Whether Board of Directors as noted below. Their Docket No. ER17–1092, Southwest the proposed collection of information attendance is part of the Commission’s Power Pool, Inc. is necessary for the proper performance ongoing outreach efforts. Docket No. ER17–1046, South Central of the functions of the agency, including The meetings will be held at the MCN LLC whether the information shall have Skirvin Hotel, 1 Park Avenue, Docket No. ER17–1482, Southwest practical utility; (b) the accuracy of the Oklahoma City, OK 73102. The phone Power Pool, Inc. agency’s estimate of the burden of the number is (405) 272–3040. All meetings Docket No. ER17–1568, Southwest proposed collection of information, are Central Time. Power Pool, Inc. Docket No. ER17–1575, Southwest including the validity of the SPP RET methodology and assumptions used; (c) January 29, 2018 (8:00 a.m.–5:00 p.m.) Power Pool, Inc. ways to enhance the quality, utility, and SPP RSC Docket No. ER17–2027, Southwest clarity of the information to be January 29, 2018 (1:00 p.m.–5:00 Power Pool, Inc. collected; and (d) ways to minimize the p.m.) Docket No. ER17–2229, Southwest burden of the collection of information SPP Members/Board of Directors Power Pool, Inc. on respondents, including through the January 30, 2018 (8:00 a.m.–3:00 p.m.) Docket No. ER17–2256, Southwest use of automated collection techniques The discussions may address matters Power Pool, Inc. or other forms of information at issue in the following proceedings: Docket No. ER17–2257, Southwest Power Pool, Inc. technology. Docket No. ER12–1179, Southwest Docket No. ER17–2312, Southwest Statutory Authority: Section 989(a) Power Pool, Inc. Docket No. ER15–1809, ATX Southwest, Power Pool, Inc. EPACT 2005 [Merit Review] { 42 U.S.C. Docket No. ER17–2388, Southwest 16353(a)}; Section 646 DOE LLC Docket No. ER15–2028, Southwest Power Pool, Inc. Organization Act [Contracts] {42 U.S.C. Docket No. ER17–2441, Southwest 7256(a)}; and 31 U.S.C. 503 (the Chief Power Pool, Inc. Docket No. ER15–2115, Southwest Power Pool, Inc. Financial Officers Act, Functions of the Power Pool, Inc. Docket No. ER17–2442, Southwest Deputy Director for Management), 31 Docket No. ER15–2236, Midwest Power Power Pool, Inc. U.S.C. 1111 (Improving Economy and Transmission Arkansas, LLC Docket No. ER17–2523, Southwest Efficiency of the United States Docket No. ER15–2237, Kanstar Power Pool, Inc. Government), 41 U.S.C. 1101–1131 (the Transmission, LLC Docket No. ER17–2537, Southwest Office of Federal Procurement Policy Docket No. ER15–2324, Southwest Power Pool, Inc. Act), Reorganization Plan No. 2 of 1970, Power Pool, Inc. Docket No. ER17–2563, Southwest and Executive Order 11541 Docket No. ER15–2594, South Central Power Pool, Inc. (‘‘Prescribing the Duties of the Office of MCN LLC Docket No. ER17–2583, Southwest Management and Budget and the Docket No. EL16–91, Southwest Power Power Pool, Inc. Domestic Policy Council in the Pool, Inc. Docket No. ER18–171, Southwest Power Executive Office of the President’’), the Docket No. EL18–19, Southwest Power Pool, Inc. Single Audit Act Amendments of 1996, Pool, Inc. Docket No. ER18–194, Southwest Power (31 U.S.C. 7501–7507), as well as The Docket No. EL16–108, Tilton Energy v. Pool, Inc. Federal Program Information Act (Pub. Midcontinent Independent System Docket No. ER18–195, Southwest Power L. 95–220 and Pub. L. 98–169, as Operator, Inc. Pool, Inc. amended, codified at 31 U.S.C. 6101– Docket No. EL16–110, Southwest Power Docket No. ER18–208, Southwest Power 6106). Pool, Inc. Pool, Inc.

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Docket No. ER18–332, Southwest Power DEPARTMENT OF ENERGY intent must meet the requirements of 18 Pool, Inc. CFR 4.36. Federal Energy Regulatory Docket No. ER18–352, Southwest Power The Commission strongly encourages Commission Pool, Inc. electronic filing. Please file comments, [Project No. 14866–000] motions to intervene, notices of intent, Docket No. ER18–364, Southwest Power and competing applications using the Pool, Inc. Merchant Hydro Developers, LLC; Commission’s eFiling system at http:// Docket No. ER18–374, Southwest Power Notice of Preliminary Permit www.ferc.gov/docs-filing/efiling.asp. Pool, Inc. Application Accepted for Filing and Commenters can submit brief comments Docket No. ER18–381, Southwest Power Soliciting Comments, Motions To up to 6,000 characters, without prior Intervene, and Competing Applications registration, using the eComment system Pool, Inc. at http://www.ferc.gov/docs-filing/ Docket No. ER18–401, Southwestern On December 22, 2017, Merchant ecomment.asp. You must include your Public Service Company Hydro Developers, LLC, filed an name and contact information at the end application for a preliminary permit, of your comments. For assistance, Docket No. ER18–421, Southwest Power pursuant to section 4(f) of the Federal please contact FERC Online Support at Pool, Inc. Power Act (FPA), proposing to study the [email protected], (866) Docket No. ER18–478, Southwest Power feasibility of the Preckle Pumped 208–3676 (toll free), or (202) 502–8659 Storage Hydro Project to be located near Pool, Inc. (TTY). In lieu of electronic filing, please Duryea Borough in Luzerne County, Docket No. ER18–495, Southwestern send a paper copy to: Secretary, Federal Pennsylvania and Ransom Township in Public Service Co. Energy Regulatory Commission, 888 Lackawanna County, Pennsylvania. The First Street NE, Washington, DC 20426. Docket No. ER18–499, Southwestern sole purpose of a preliminary permit, if The first page of any filing should Electric Power Company issued, is to grant the permit holder include docket number P–14866–000. priority to file a license application Docket No. ER18–500, Southwestern More information about this project, during the permit term. A preliminary Electric Power Company including a copy of the application, can permit does not authorize the permit Docket No. ER18–590, Southwest Power be viewed or printed on the eLibrary holder to perform any land-disturbing Pool, Inc. link of the Commission’s website at activities or otherwise enter upon lands http://www.ferc.gov/docs-filing/ Docket No. ER18–421, Southwest Power or waters owned by others without the elibrary.asp. Enter the docket number Pool, Inc. owners’ express permission. The proposed project would consist of (P–14866) in the docket number field to Docket No. ER18–594, Southwest Power access the document. For assistance, Pool, Inc. the following: (1) A new upper reservoir with a surface area of 300 acres and a contact FERC Online Support. Docket No. ER18–592, Southwest Power storage capacity of 4,500 acre-feet at a Dated: January 12, 2018. Pool, Inc. surface elevation of approximately 1,356 Kimberly D. Bose, Docket No. ER18–599, Southwest Power feet above mean sea level (msl) created Secretary. Pool, Inc. through construction of a new roller- [FR Doc. 2018–01018 Filed 1–19–18; 8:45 am] Docket No. EL18–9–000, Xcel Energy compacted concrete or rock-fill dam; (2) BILLING CODE 6717–01–P Services, Inc. v. Southwest Power a new lower reservoir with a surface Pool, Inc. area of 200 acres and a storage capacity of 3,480 acre-feet at a surface elevation DEPARTMENT OF ENERGY Docket No. EL18–20–000, Indicated SPP of 550 feet msl; (3) two new 5,640-foot- Transmission Owners v. Southwest long, 16-foot-diameter penstocks Federal Energy Regulatory Power Pool, Inc. connecting the upper and lower Commission Docket No. EL18–26, EDF Renewable reservoirs; (4) a new 150-foot-long, 250- [Docket No. ER18–634–000] Energy, Inc. v. Midcontinent foot-wide, 50-foot-high powerhouse Independent System Operator, Inc., containing two turbine-generator units Access Energy Solutions, LLC; Southwest Power Pool, Inc., and PJM with a total rated capacity of 450 Supplemental Notice That Initial Interconnection, L.L.C. megawatts; (5) a new 13,200-foot-long Market-Based Rate Filing Includes transmission line connecting the Request for Blanket Section 204 Docket No. EL18–35, Southwest Power powerhouse to the 230/69-kilovolt Authorization Pool, Inc. Stanton substation owned by PPL These meetings are open to the Electric Utilities; and (6) appurtenant This is a supplemental notice in the above-referenced proceeding of Access public. facilities. The proposed project would have an annual generation of 27,594 Energy Solutions, LLC‘s application for For more information, contact Patrick megawatt-hours. market-based rate authority, with an Clarey, Office of Energy Market Applicant Contact: Adam Rousselle, accompanying rate tariff, noting that Regulation, Federal Energy Regulatory Merchant Hydro Developers, LLC, 5710 such application includes a request for Commission at (317) 249–5937 or Oak Crest Drive, Doylestown, PA 18902; blanket authorization, under 18 CFR [email protected]. phone: 267–254–6107. part 34, of future issuances of securities Dated: January 12, 2018. FERC Contact: Woohee Choi; phone: and assumptions of liability. Any person desiring to intervene or to Kimberly D. Bose, (202) 502–6336. Deadline for filing comments, motions protest should file with the Federal Secretary. to intervene, competing applications Energy Regulatory Commission, 888 [FR Doc. 2018–01012 Filed 1–19–18; 8:45 am] (without notices of intent), or notices of First Street NE, Washington, DC 20426, BILLING CODE 6717–01–P intent to file competing applications: 60 in accordance with Rules 211 and 214 days from the issuance of this notice. of the Commission’s Rules of Practice Competing applications and notices of and Procedure (18 CFR 385.211 and

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385.214). Anyone filing a motion to 014; ER10–2744–012; ER16–2406–005; Description: Compliance filing: intervene or protest must serve a copy ER16–2405–005; ER13–2316–009; Solverde 1, LLC, Notice of Change in of that document on the Applicant. ER17–992–004; ER10–2678–012; ER10– Category Status MBR Tariff to be Notice is hereby given that the 1631–011; ER14–19–010. effective 1/16/2018. deadline for filing protests with regard Applicants: LS Power Marketing, LLC, Filed Date: 1/16/18. to the applicant’s request for blanket Armstrong Power, LLC, Aurora Accession Number: 20180116–5121. authorization, under 18 CFR part 34, of Generation, LLC, Bath County Energy, Comments Due: 5 p.m. ET 2/6/18. future issuances of securities and LLC, Bluegrass Generation Company, Docket Numbers: ER17–306–004. assumptions of liability, is February 1, L.L.C., Buchanan Energy Services Applicants: Beacon Solar 3, LLC. 2018. Company, LLC, Chambersburg Energy, Description: Compliance filing: The Commission encourages LLC, Doswell Limited Partnership, Gans Beacon Solar 3, LLC Notice of Change electronic submission of protests and Energy, LLC, Helix Ironwood, LLC, in Category Status MBR Tariff to be interventions in lieu of paper, using the Hunlock Energy, LLC, Las Vegas Power effective 1/16/2018. FERC Online links at http:// Company, LLC, LifeEnergy, LLC, LSP Filed Date: 1/16/18. www.ferc.gov. To facilitate electronic University Park, LLC, Renaissance Accession Number: 20180116–5117. service, persons with internet access Power, L.L.C, Riverside Generating Comments Due: 5 p.m. ET 2/6/18. who will eFile a document and/or be Company, L.L.C., Rockford Power, LLC, Docket Numbers: ER17–544–004. listed as a contact for an intervenor Rockford Power II, LLC, Seneca Applicants: Beacon Solar 1, LLC. must create and validate an Generation, LLC, Springdale Energy, Description: Compliance filing: eRegistration account using the LLC, Troy Energy, LLC, University Park Beacon Solar 1, LLC Notice of Change eRegistration link. Select the eFiling Energy, LLC, West Deptford Energy, in Category Status MBR Tariff to be link to log on and submit the LLC. effective 1/16/2018. intervention or protests. Description: Notification of Change in Filed Date: 1/16/18. Persons unable to file electronically Status of the LS PJM MBR Sellers. Accession Number: 20180116–5115. should submit an original and 5 copies Filed Date: 1/12/18. Comments Due: 5 p.m. ET 2/6/18. of the intervention or protest to the Accession Number: 20180112–5211. Docket Numbers: ER17–980–002. Federal Energy Regulatory Commission, Comments Due: 5 p.m. ET 2/2/18. Applicants: Alliant Energy Corporate 888 First Street NE, Washington, DC Docket Numbers: ER15–760–010 Services, Inc. 20426. Applicants: Western Antelope Blue Description: Compliance filing: AECS The filings in the above-referenced Sky Ranch A LLC. Reactive Power Compliance Filing to be proceeding are accessible in the Description: Compliance filing: effective 4/17/2017. Commission’s eLibrary system by Western Antelope Blue Sky Ranch A Filed Date: 1/16/18. clicking on the appropriate link in the Notice of Change in Status MBR Tariff Accession Number: 20180116–5006. above list. They are also available for to be effective 1/16/2018. Comments Due: 5 p.m. ET 2/6/18. electronic review in the Commission’s Filed Date: 1/16/18 Public Reference Room in Washington, Docket Numbers: ER18–153–001. Accession Number: 20180116–5122. Applicants: Otter Tail Power DC. There is an eSubscription link on Comments Due: 5 p.m. ET 2/6/18. Company. the website that enables subscribers to Docket Numbers: ER16–120–005. Description: Compliance filing: receive email notification when a Applicants: New York Independent Compliance Filing of Executed Big document is added to a subscribed System Operator, Inc. Stone Plant Transmission Facilities docket(s). For assistance with any FERC Description: Compliance filing: Agreement to be effective 12/24/2017. Online service, please email NYISO filing re: RMR compliance Filed Date: 1/16/18. [email protected]. or call revisions to address 11/16/17 Order to Accession Number: 20180116–5197. (866) 208–3676 (toll free). For TTY, call be effective 10/20/2015. Comments Due: 5 p.m. ET 2/6/18. (202) 502–8659. Filed Date: 1/16/18. Docket Numbers: ER18–648–000. Dated: January 12, 2018. Accession Number: 20180116–5196. Applicants: Springdale Energy, LLC. Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 2/6/18. Description: § 205(d) Rate Filing: Deputy Secretary. Docket Numbers: ER16–1738–005. Reactive Service Rate Schedule Effective [FR Doc. 2018–01029 Filed 1–19–18; 8:45 am] Applicants: Beacon Solar 4, LLC. Date eTariff Filings to be effective 12/ BILLING CODE 6717–01–P Description: Compliance filing: 13/2017. Beacon Solar 4, LLC, Notice of Change Filed Date: 1/12/18. in Category Status MBR Tariff to be Accession Number: 20180112–5149. DEPARTMENT OF ENERGY effective 1/16/2018. Comments Due: 5 p.m. ET 2/2/18. Filed Date: 1/16/18. Docket Numbers: ER18–649–000. Federal Energy Regulatory Accession Number: 20180116–5119. Applicants: Hunlock Energy, LLC. Commission Comments Due: 5 p.m. ET 2/6/18. Description: § 205(d) Rate Filing: Combined Notice of Filings #1 Docket Numbers: ER16–1956–005. Notice of Succession for Reactive Applicants: Western Antelope Dry Service Rate Schedule to be effective 12/ Take notice that the Commission Ranch LLC. 13/2017. received the following electric rate Description: Compliance filing: Filed Date: 1/12/18. filings: Western Antelope Dry Ranch Notice of Accession Number: 20180112–5152. Docket Numbers: ER10–2739–019; Change in Status MBR Tariff to be Comments Due: 5 p.m. ET 2/2/18. ER14–1219–006; ER16–1732–005; effective 1/16/2018. Docket Numbers: ER18–650–000. ER17–993–004; ER10–2743–014; ER18– Filed Date: 1/16/18. Applicants: Southwest Power Pool, 95–001; ER17–989–004; ER10–1854– Accession Number: 20180116–5123. Inc. 011; ER17–990–004; ER17–1946–004; Comments Due: 5 p.m. ET 2/6/18. Description: § 205(d) Rate Filing: ER17–991–004; ER10–2755–017; ER16– Docket Numbers: ER16–2224–004. 3290R1 Sholes Wind Energy GIA to be 1652–007; ER11–3320–011; ER10–2751– Applicants: Solverde 1, LLC. effective 12/14/2017.

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Filed Date: 1/12/18. Dated: January 16, 2018. representative may contact you about Accession Number: 20180112–5161. Nathaniel J. Davis, Sr., the acquisition of an easement to Comments Due: 5 p.m. ET 2/2/18. Deputy Secretary. construct, operate, and maintain the Docket Numbers: ER18–651–000. [FR Doc. 2018–01020 Filed 1–19–18; 8:45 am] proposed facilities. The company would Applicants: Arizona Public Service BILLING CODE 6717–01–P seek to negotiate a mutually acceptable Company. agreement. However, if the Commission Description: § 205(d) Rate Filing: approves the project, that approval OATT Collation Filing to be effective 1/ DEPARTMENT OF ENERGY conveys with it the right of eminent 12/2018. domain. Therefore, if easement Federal Energy Regulatory negotiations fail to produce an Filed Date: 1/12/18. Commission Accession Number: 20180112–5184. agreement, the pipeline company could Comments Due: 5 p.m. ET 2/2/18. [Docket No. CP18–33–000] initiate condemnation proceedings where compensation would be Docket Numbers: ER18–652–000. Florida Gas Transmission Company, determined in accordance with state Applicants: PJM Interconnection, LLC; Notice of Intent To Prepare an law. L.L.C. Environmental Assessment for the FGT provided landowners with a fact Description: Tariff Cancellation: Proposed 18-Inch Mainline sheet prepared by the FERC entitled An Notice of Cancellation of ISA SA No. Abandonment Project and Request for 4666, Queue No. Z2–038 to be effective Comments on Environmental Issues Interstate Natural Gas Facility On My 2/19/2018. Land? What Do I Need To Know? This Filed Date: 1/16/18. The staff of the Federal Energy fact sheet addresses a number of Accession Number: 20180116–5192. Regulatory Commission (FERC or typically asked questions, including the Comments Due: 5 p.m. ET 2/6/18. Commission) will prepare an use of eminent domain and how to environmental assessment (EA) that will participate in the Commission’s Docket Numbers: ER18–653–000. discuss the environmental impacts of proceedings. It is also available for Applicants: Southern California the 18-Inch Mainline Abandonment viewing on the FERC website Edison Company. Project involving construction and (www.ferc.gov). Description: Tariff Cancellation: operation of facilities by Florida Gas Notice of Cancellation GIA & DSA SEPV Transmission Company, LLC (FGT) in Public Participation Kennedy Project SA Nos. 953–954 to be Miami-Dade County, Florida. The For your convenience, there are three effective 2/5/2018. Commission will use this EA in its Filed Date: 1/16/18. methods you can use to submit your decision-making process to determine comments to the Commission. The Accession Number: 20180116–5193. whether the project is in the public Comments Due: 5 p.m. ET 2/6/18. Commission encourages electronic filing convenience and necessity. of comments and has expert staff This notice announces the opening of Take notice that the Commission available to assist you at (202) 502–8258 the scoping process the Commission received the following public utility or [email protected]. Please will use to gather input from the public holding company filings: carefully follow these instructions so and interested agencies on the project. Docket Numbers: PH18–3–000. that your comments are properly You can make a difference by providing Applicants: LS Power Development, recorded. LLC. us with your specific comments or (1) You can file your comments Description: LS Power Development, concerns about the project. Your electronically using the eComment LLC submits FERC 65–B Non-Material comments should focus on the potential feature on the Commission’s website Change in Fact of Waiver Notification. environmental effects, reasonable (www.ferc.gov) under the link to Filed Date: 1/12/18. alternatives, and measures to avoid or Documents and Filings. This is an easy Accession Number: 20180112–5193. lessen environmental impacts. Your input will help the Commission staff method for submitting brief, text-only Comments Due: 5 p.m. ET 2/2/18. determine what issues they need to comments on a project; The filings are accessible in the evaluate in the EA. To ensure that your (2) You can file your comments Commission’s eLibrary system by comments are timely and properly electronically by using the eFiling clicking on the links or querying the recorded, please send your comments so docket number. feature on the Commission’s website that the Commission receives them in (www.ferc.gov) under the link to Any person desiring to intervene or Washington, DC, on or before February Documents and Filings. With eFiling, protest in any of the above proceedings 12, 2018. must file in accordance with Rules 211 you can provide comments in a variety If you sent comments on this project of formats by attaching them as a file and 214 of the Commission’s to the Commission before the opening of Regulations (18 CFR 385.211 and with your submission. New eFiling this docket on December 18, 2017, you users must first create an account by 385.214) on or before 5:00 p.m. Eastern will need to file those comments in time on the specified comment date. clicking on eRegister. If you are filing a Docket No. CP18–33–000 to ensure they comment on a particular project, please Protests may be considered, but are considered as part of this intervention is necessary to become a select Comment on a Filing as the filing proceeding. type; or party to the proceeding. This notice is being sent to the eFiling is encouraged. More detailed Commission’s current environmental (3) You can file a paper copy of your information relating to filing mailing list for this project. State and comments by mailing them to the requirements, interventions, protests, local government representatives should following address. Be sure to reference service, and qualifying facilities filings notify their constituents of this the project docket number (CP18–33– can be found at: http://www.ferc.gov/ proposed project and encourage them to 000) with your submission: Kimberly D. docs-filing/efiling/filing-req.pdf. For comment on their areas of concern. Bose, Secretary, Federal Energy other information, call (866) 208–3676 If you are a landowner receiving this Regulatory Commission, 888 First Street (toll free). For TTY, call (202) 502–8659. notice, a pipeline company NE, Room 1A, Washington, DC 20426.

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Summary of the Proposed Project Necessity. NEPA also requires us 4 to historic properties.6 We will define the FGT proposes to abandon in place a discover and address concerns the project-specific Area of Potential Effects 1.3 mile portion of its 18-inch-diameter public may have about proposals. This (APE) in consultation with the SHPO as mainline pipeline facilities in Miami- process is referred to as scoping. The the project develops. On natural gas Dade County, Florida, and remove an main goal of the scoping process is to facility projects, the APE at a minimum aerial span to accommodate a county focus the analysis in the EA on the encompasses all areas subject to ground road construction project. FGT states it important environmental issues. By this disturbance (examples include has not delivered gas through this notice, the Commission requests public construction right-of-way, contractor/ section of pipeline in more than three comments on the scope of the issues to pipe storage yards, compressor stations, years and has no current customers address in the EA. We will consider all and access roads). Our EA for this served by this section; however, it filed comments during the preparation project will document our findings on proposes to continue to maintain the of the EA. the impacts on historic properties and In the EA we will discuss impacts that abandoned pipeline facilities for summarize the status of consultations could occur as a result of the potential future use. under section 106. The 18-Inch Mainline Abandonment construction and operation of the proposed project including, but not Environmental Mailing List Project would consist of the following limited to, the following resources: land The environmental mailing list activities: includes federal, state, and local 1 use; water resources; vegetation and —blow down from the Turkey Point wildlife; air quality and noise; and government representatives and take-off; cultural resources. We will also evaluate agencies; elected officials; —clean the pipeline by pig 2 from any reasonable alternatives to the environmental and public interest milepost (MP) 919.0 to MP 924.9; proposed project or portions of the groups; Native American Tribes; other —remove approximately 200 feet of the project, and make recommendations on interested parties; and local libraries 18-inch-diameter mainline pipe, how to lessen or avoid impacts on the and newspapers. This list also includes including approximately 73 feet of various resource areas. all affected landowners (as defined in aerial pipeline span which crosses The EA will present our independent the Commission’s regulations) who are Miami-Dade County Cutler Drain analysis of the issues. The EA will be potential right-of-way grantors, whose Canal 100A parallel to the SW 136th available in the public record through property may be used temporarily for Street bridge in Miami; eLibrary. Depending on the comments —cut and cap the pipeline on each side project purposes, or who own homes received during the scoping process, we within certain distances of aboveground of the canal; and may also publish and distribute the EA —fill with nitrogen and abandon in facilities, and anyone who submits to the public for an allotted comment place the pipe and associated valves comments on the project. We will period. To ensure we have the from approximately MP 923.6 to MP update the environmental mailing list as opportunity to consider and address 924.9. the analysis proceeds to ensure that we your comments, please carefully follow send the information related to this The general location of the project the instructions in the Public environmental review to all individuals, facilities is shown in appendix 1.3 Participation section, beginning on organizations, and government entities Land Requirements for Construction page 2. interested in and/or potentially affected With this notice, we are asking Removal of the facilities would by the proposed project. agencies with jurisdiction by law and/ If we publish and distribute the EA, disturb about 0.65 acre of land, and an or special expertise with respect to the additional 1.5 acres would be used for copies will be sent to the environmental environmental issues of this project to mailing list for public review and a contractor yard. Following formally cooperate with us in the construction, the disturbed areas would comment. If you would prefer to receive preparation of the EA.5 Agencies that a paper copy of the document instead of be restored and revert to former uses. would like to request cooperating FGT states that it would continue to the CD version or would like to remove agency status should follow the your name from the mailing list, please maintain the right-of-way for the instructions for filing comments abandoned pipeline. return the attached Information Request provided under the Public Participation (appendix 2). The EA Process section of this notice. Becoming an Intervenor The National Environmental Policy Consultations Under Section 106 of the Act (NEPA) requires the Commission to National Historic Preservation Act In addition to involvement in the EA scoping process, you may want to take into account the environmental In accordance with the Advisory impacts that could result from an action become an ‘‘intervenor’’ which is an Council on Historic Preservation’s official party to the Commission’s whenever it considers the issuance of a implementing regulations for section Certificate of Public Convenience and proceeding. Intervenors play a more 106 of the National Historic formal role in the process and are able Preservation Act, we are using this to file briefs, appear at hearings, and be 1 A blow down is a controlled release of natural notice to initiate consultation with the gas. heard by the courts if they choose to 2 A pig is a tool that the pipeline company inserts applicable State Historic Preservation appeal the Commission’s final ruling. into and pushes through the pipeline for cleaning Office (SHPO), and to solicit their views An intervenor formally participates in the pipeline, conducting internal inspections, or and those of other government agencies, the proceeding by filing a request to other purposes. interested Indian tribes, and the public intervene. Instructions for becoming an 3 The appendices referenced in this notice will on the project’s potential effects on not appear in the Federal Register. Copies of appendices were sent to all those receiving this 6 The Advisory Council on Historic Preservation’s notice in the mail and are available at www.ferc.gov 4 We, us, and our refer to the environmental staff regulations are at Title 36, Code of Federal using the link called eLibrary or from the of the Commission’s Office of Energy Projects. Regulations, part 800. Those regulations define Commission’s Public Reference Room, 888 First 5 The Council on Environmental Quality historic properties as any prehistoric or historic Street NE, Washington, DC 20426, or call (202) 502– regulations addressing cooperating agency district, site, building, structure, or object included 8371. For instructions on connecting to eLibrary, responsibilities are at Title 40, Code of Federal in or eligible for inclusion in the National Register refer to the last page of this notice. Regulations, part 1501.6. of Historic Places.

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intervenor are in the ‘‘Document-less b. Project No.: 1494–438. [email protected], (866) Intervention Guide’’ under the ‘‘e-filing’’ c. Dated Filed: February 1, 2017. 208–3676 (toll free), or (202) 502–8659 link on the Commission’s website. d. Submitted By: Grand River Dam (TTY). A copy is also available for Motions to intervene are more fully Authority (GRDA). inspection and reproduction at the described at http://www.ferc.gov/ e. Name of Project: Pensacola address in paragraph h. resources/guides/how-to/intervene.asp. Hydroelectric Project. Register online at http:// f. Location: The project is located on www.ferc.gov/docs-filing/ Additional Information the Grand (Neosho) River in Craig, esubscription.asp to be notified via Additional information about the Delaware, Mayes, and Ottawa Counties, email of new filing and issuances project is available from the Oklahoma. No federal lands have been related to this or other pending projects. Commission’s Office of External Affairs, identified within the project boundary. For assistance, contact FERC Online at (866) 208–FERC, or on the FERC g. Filed Pursuant to: 18 CFR part 5 of Support. website at www.ferc.gov using the the Commission’s Regulations. o. With this notice, we are soliciting eLibrary link. Click on the eLibrary link, h. Potential Applicant Contact: Dr. comments on the PAD and click on General Search and enter the Darrell Townsend, Assistant General Commission’s staff Scoping Document 1 docket number, excluding the last three Manager, GRDA, 420 Highway 28, (SD1), as well as study requests. All digits in the Docket Number field (i.e., Langley, OK 74359–0070; (918) 256– comments on the PAD and SD1, and CP18–33). Be sure you have selected an 0616 or [email protected]. study requests should be sent to the appropriate date range. For assistance, i. FERC Contact: Rachel McNamara at address above in paragraph h. In please contact FERC Online Support at (202) 502–8340 or email at addition, all comments on the PAD and [email protected] or toll free [email protected]. SD1, study requests, requests for at (866) 208–3676, or for TTY, contact j. Cooperating agencies: Federal, state, cooperating agency status, and all (202) 502–8659. The eLibrary link also local, and tribal agencies with communications to and from provides access to the texts of formal jurisdiction and/or special expertise Commission staff related to the merits of documents issued by the Commission, with respect to environmental issues the potential application must be filed such as orders, notices, and that wish to cooperate in the with the Commission. rulemakings. preparation of the environmental The Commission strongly encourages In addition, the Commission offers a document should follow the electronic filing. Please file all free service called eSubscription which instructions for filing such requests documents using the Commission’s allows you to keep track of all formal described in item o below. Cooperating eFiling system at http://www.ferc.gov/ issuances and submittals in specific agencies should note the Commission’s docs-filing/efiling.asp. Commenters can dockets. This can reduce the amount of policy that agencies that cooperate in submit brief comments up to 6,000 time you spend researching proceedings the preparation of the environmental characters, without prior registration, by automatically providing you with document cannot also intervene. See 94 using the eComment system at http:// notification of these filings, document FERC 61,076 (2001). www.ferc.gov/docs-filing/ summaries, and direct links to the k. With this notice, we are initiating ecomment.asp. You must include your documents. Go to www.ferc.gov/docs- informal consultation with: (a) The U.S. name and contact information at the end filing/esubscription.asp. Fish and Wildlife Service and/or NOAA of your comments. For assistance, Finally, public sessions or site visits Fisheries under section 7 of the please contact FERC Online Support at will be posted on the Commission’s Endangered Species Act and the joint [email protected]. In lieu of calendar located at www.ferc.gov/ agency regulations thereunder at 50 electronic filing, please send a paper EventCalendar/EventsList.aspx along CFR, Part 402 and (b) the State Historic copy to: Secretary, Federal Energy with other related information. Preservation Officer, as required by Regulatory Commission, 888 First Street Dated: January 12, 2018. section 106, National Historic NE, Washington, DC 20426. The first Kimberly D. Bose, Preservation Act, and the implementing page of any filing should include docket Secretary. regulations of the Advisory Council on number P–1494–438. Historic Preservation at 36 CFR 800.2. [FR Doc. 2018–01016 Filed 1–19–18; 8:45 am] All filings with the Commission must l. With this notice, we are designating bear the appropriate heading: Comments BILLING CODE 6717–01–P GRDA as the Commission’s non-federal on Pre-Application Document, Study representative for carrying out informal Requests, Comments on Scoping DEPARTMENT OF ENERGY consultation, pursuant to section 7 of Document 1, Request for Cooperating the Endangered Species Act and section Agency Status, or Communications to Federal Energy Regulatory 106 of the National Historic and from Commission Staff. Any Commission Preservation Act. individual or entity interested in m. GRDA filed with the Commission [Project No. 1494–438] submitting study requests, commenting a Pre-Application Document (PAD; on the PAD or SD1, and any agency Grand River Dam Authority; Notice of including a proposed process plan and requesting cooperating status must do so Intent To File License Application, schedule), pursuant to 18 CFR 5.6 of the by March 13, 2018. Filing of Pre-Application Document Commission’s regulations. p. We intend to prepare either an (Pad), Commencement of Pre-Filing n. A copy of the PAD is available for environmental assessment (EA) or Process, and Scoping; Request for review at the Commission in the Public Environmental Impact Statement (EIS). Comments on the Pad and Scoping Reference Room or may be viewed on The meetings listed below will satisfy Document, and Identification of Issues the Commission’s website (http:// the NEPA scoping requirements, and Associated Study Requests www.ferc.gov), using the ‘‘eLibrary’’ irrespective of whether an EA or EIS is link. Enter the docket number, issued by the Commission. a. Type of Filing: Notice of Intent to excluding the last three digits in the File License Application for a New docket number field to access the Scoping Meetings License and Commencing Pre-filing document. For assistance, contact FERC Commission staff will hold four Process. Online Support at scoping meetings in the vicinity of the

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project at the times and places noted list of issues, identified through the Applicants: Shoreham Solar below. The daytime meetings will focus scoping process. Commons LLC. on resource agency, Indian tribes, and Description: Application for Approval Environmental Site Review non-governmental organization of the Disposition of Jurisdictional concerns, while the evening meetings The potential applicant and Facilities under Section 203 of the are primarily for receiving input from Commission staff will conduct an Federal Power Act of Shoreham Solar the public. We invite all interested Environmental Site Review (site visit) of Commons LLC. individuals, organizations, and agencies the project on Wednesday, February 7, Filed Date: 1/11/18. to attend one or more of the meetings, 2018, starting at 12:30 p.m., and ending Accession Number: 20180111–5174. and to assist staff in identifying at or about 4:30 p.m. All participants Comments Due: 5 p.m. ET 2/1/18. particular study needs, as well as the should meet at the GRDA Ecosystems Docket Numbers: EC18–46–000. scope of environmental issues to be and Education Center located at 420 E. Applicants: Energı´a Sierra Jua´rez U.S., addressed in the environmental Highway 28, Langley, Oklahoma 74350. LLC, Energı´a Sierra Jua´rez U.S. document. The times and locations of Participants must notify Jacklyn Jaggars Transmission, LLC, InterGen Energy these meetings are as follows: at (918) 256–0723 or [email protected], Solutions, LLC, Baja California Power, on or before January 31, 2018, if they Inc. Daytime Scoping Meeting—Langley, plan to attend the environmental site Oklahoma Description: Application for review. Authorization Under Section 203 of The Date & Time: Wednesday, February 7, Meeting Objectives Federal Power Act for the Disposition of 2018 at 9 a.m. Jurisdictional Facilities and Request for At the scoping meetings, staff will: (1) Location: GRDA Ecosystems and Expedited Consideration of InterGen Initiate scoping of the issues; (2) review Education Center, 420 E. Highway 28, Utilities. and discuss existing conditions and Langley, Oklahoma 74350, (918) 256– Filed Date: 1/12/18. resource management objectives; (3) 0723. Accession Number: 20180112–5133. review and discuss existing information Comments Due: 5 p.m. ET 2/2/18. Evening Scoping Meeting—Grove, and identify preliminary information Oklahoma and study needs; (4) review and discuss Take notice that the Commission the process plan and schedule for pre- received the following electric rate Date & Time: Wednesday, February 7, filings: 2018 at 6 p.m. filing activity that incorporates the time Docket Numbers: ER16–2307–003. Location: Grove City Hall, 104 W. 3rd frames provided for in Part 5 of the Commission’s regulations and, to the Applicants: Vista Energy Marketing, Street, Grove, Oklahoma 74344, (918) L.P. 786–6107. extent possible, maximizes coordination of federal, state, and tribal permitting Description: Notice of change in status Evening Scoping Meeting—Miami, and certification processes; and (5) of Vista Energy Marketing, L.P. Oklahoma discuss the appropriateness of any Filed Date: 1/11/18. federal or state agency or Indian tribe Accession Number: 20180111–5163. Date & Time: Thursday, February 8, Comments Due: 5 p.m. ET 2/1/18. 2018 at 6 p.m. acting as a cooperating agency for Location: Northeastern Oklahoma development of an environmental Docket Numbers: ER16–2412–005. Applicants: Luning Energy LLC. A&M College, Fine Arts Center document. Meeting participants should come Description: Notice of Non-Material Performance Hall, 200 I St. NE, Miami, prepared to discuss their issues and/or Change in Status of Luning Energy LLC. Oklahoma 74354, (918) 540–6203. concerns. Please review the PAD in Filed Date: 1/11/18. Daytime Scoping Meeting—Tulsa, preparation for the scoping meetings. Accession Number: 20180111–5158. Oklahoma Directions on how to obtain a copy of Comments Due: 5 p.m. ET 2/1/18. Date & Time: Friday, February 9, 2018 the PAD and SD1 are included in item Docket Numbers: ER18–487–001. at 9 a.m. n. of this document. Applicants: Tampa Electric Company. Location: GRDA Engineering and Meeting Procedures Description: Tariff Amendment: Amended—Section 205 Requirements Technology Center, 9933 E. 16th Street, The meetings will be recorded by a Tulsa, Oklahoma, (918) 256–5545. Depreciation Rates—Various Accounts stenographer and will be placed in the to be effective 12/12/2017. Please RSVP to Jacklyn Jaggars, (918) public records of the project. 256–0723 or [email protected], on or Filed Date: 1/12/18. before January 31, 2018 if you plan to Dated: January 12, 2018. Accession Number: 20180112–5052. attend the scoping meeting in Tulsa. Kimberly D. Bose, Comments Due: 5 p.m. ET 2/2/18. Scoping Document 1 (SD1), which Secretary. Docket Numbers: ER18–637–000. outlines the subject areas to be [FR Doc. 2018–01013 Filed 1–19–18; 8:45 am] Applicants: NorthWestern addressed in the environmental BILLING CODE 6717–01–P Corporation. document, was mailed to the Description: Tariff Cancellation: individuals and entities on the Notice of Cancellation: SA803, Utility Commission’s mailing list. Copies of DEPARTMENT OF ENERGY Relocation Agreement w/City of Billings SD1 will be available at the scoping to be effective 1/12/2018. Federal Energy Regulatory meetings, or may be viewed on the web Filed Date: 1/11/18. Commission at http://www.ferc.gov, using the Accession Number: 20180111–5141. Comments Due: 5 p.m. ET 2/1/18. eLibrary link. Follow the directions for Combined Notice of Filings #1 accessing information in paragraph n. Docket Numbers: ER18–638–000. Based on all oral and written comments, Take notice that the Commission Applicants: Allegheny Energy Supply a Scoping Document 2 (SD2) may be received the following electric corporate Company, LLC. issued. SD2 may include a revised filings: Description: Tariff Cancellation: process plan and schedule, as well as a Docket Numbers: EC18–45–000. Notice of Cancellation of Reactive

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Power Rate Schedule No. 12 to be Description: § 205(d) Rate Filing: 13th Public Utilities Commission’s effective 12/13/2017. Amd to Station Agreement Among AEP Commissioner Information Meeting Filed Date: 1/12/18. GR-Buckeye-Cardinal to be effective 1/ (CIM) as noted below. Their attendance Accession Number: 20180112–5040. 1/2018. is part of the Commission’s ongoing Comments Due: 5 p.m. ET 2/2/18. Filed Date: 1/12/18. outreach efforts. Docket Numbers: ER18–639–000. Accession Number: 20180112–5128. The CIM will be held on January 25, Applicants: NorthWestern Comments Due: 5 p.m. ET 2/2/18. 2018 from 8:30 a.m. until 10:00 a.m. Corporation. Docket Numbers: ER18–646–000. Mountain Time at the Colorado Public Description: Tariff Cancellation: Applicants: Chambersburg Energy, Utilities Commission, Hearing Room A, Notice of Cancellation: SA 802, Fast LLC. 1560 Broadway, Suite 250, Denver, CO Process Agreement with MDOT (Rouse– Description: § 205(d) Rate Filing: 80202. The phone number is (303) 894– Oak) to be effective 1/13/2018. Reactive Service Rate Schedule Effective 2533. Filed Date: 1/12/18. Date eTariff Filings to be effective 12/ The discussions may address matters Accession Number: 20180112–5065. 13/2017. at issue in the following proceedings: Comments Due: 5 p.m. ET 2/2/18. Filed Date: 1/12/18. Docket No. ER12–1179, Southwest Docket Numbers: ER18–640–000. Accession Number: 20180112–5132. Power Pool, Inc. Applicants: NorthWestern Comments Due: 5 p.m. ET 2/2/18. Docket No. ER15–1809, ATX Southwest, Corporation. Docket Numbers: ER18–647–000. LLC Description: Tariff Cancellation: Applicants: Gans Energy, LLC. Docket No. ER15–2028, Southwest Notice of Cancellation: SA 745 First Description: § 205(d) Rate Filing: Power Pool, Inc. Revised, EP&C Agreement w/Express Reactive Service Rate Schedule Effective Docket No. ER15–2115, Southwest Pipeline to be effective 1/13/2018. Date eTariff Filings to be effective 12/ Power Pool, Inc. Filed Date: 1/12/18. 13/2017. Docket No. ER15–2236, Midwest Power Accession Number: 20180112–5066. Filed Date: 1/12/18. Transmission Arkansas, LLC Comments Due: 5 p.m. ET 2/2/18. Accession Number: 20180112–5135. Docket No. ER15–2237, Kanstar Docket Numbers: ER18–641–000. Comments Due: 5 p.m. ET 2/2/18. Transmission, LLC Applicants: California Independent Docket No. ER15–2324, Southwest System Operator Corporation. The filings are accessible in the Commission’s eLibrary system by Power Pool, Inc. Description: § 205(d) Rate Filing: Docket No. ER15–2594, South Central 2018–01–12 CPM Risk of Retirement clicking on the links or querying the docket number. MCN LLC Amendment to be effective 4/13/2018. Docket No. EL16–91, Southwest Power Filed Date: 1/12/18. Any person desiring to intervene or protest in any of the above proceedings Pool, Inc. Accession Number: 20180112–5087. Docket No. EL18–19, Southwest Power Comments Due: 5 p.m. ET 2/2/18. must file in accordance with Rules 211 and 214 of the Commission’s Pool, Inc. Docket Numbers: ER18–642–000. Docket No. EL16–108, Tilton Energy v. Applicants: Settlers Trail Wind Farm, Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern Midcontinent Independent System LLC. Operator, Inc. Description: Baseline eTariff Filing: time on the specified comment date. Protests may be considered, but Docket No. EL16–110, Southwest Power Rate Schedule for Reactive Supply and Pool, Inc. Voltage Control to be effective 3/13/ intervention is necessary to become a party to the proceeding. Docket No. ER16–204, Southwest Power 2018. Pool, Inc. Filed Date: 1/12/18. eFiling is encouraged. More detailed information relating to filing Docket No. ER16–2522, Southwest Accession Number: 20180112–5089. Power Pool, Inc. Comments Due: 5 p.m. ET 2/2/18. requirements, interventions, protests, service, and qualifying facilities filings Docket No. ER16–2523, Southwest Docket Numbers: ER18–643–000. can be found at: http://www.ferc.gov/ Power Pool, Inc. Applicants: PJM Interconnection, docs-filing/efiling/filing-req.pdf. For Docket No. EL17–11, Alabama Power L.L.C. Co. v. Southwest Power Pool, Inc. Description: Compliance filing: Notice other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Docket No. EL17–21, Kansas Electric Co. of Cancellation of ICSA SA No. 2537; v. Southwest Power Pool, Inc. Queue No. O66 to be effective N/A. Dated: January 12, 2018. Docket No. EL17–86, Nebraska Public Filed Date: 1/12/18. Nathaniel J. Davis, Sr., Power District v. Southwest Power Accession Number: 20180112–5104. Deputy Secretary. Pool, Inc. Comments Due: 5 p.m. ET 2/2/18. [FR Doc. 2018–01028 Filed 1–19–18; 8:45 am] Docket No. EL17–69, Buffalo Dunes et Docket Numbers: ER18–644–000. BILLING CODE 6717–01–P al. v. Southwest Power Pool, Inc. Applicants: Monongahela Power Docket No. ER17–426, Southwest Power Company, West Penn Power Company, Pool, Inc. The Potomac Edison Company, PJM DEPARTMENT OF ENERGY Docket No. ER17–428, Southwest Power Interconnection, L.L.C. Pool, Inc. Description: § 205(d) Rate Filing: West Federal Energy Regulatory Docket No. ER17–469, Southwest Power Penn et al submits IAs, SA Nos. 4897, Commission Pool, Inc. 4898 and 4899 to be effective 12/13/ Notice of Attendance at the Colorado Docket No. ER17–772, Southwest Power 2017. Public Utilities Commission’s Fourth Pool, Inc. Filed Date: 1/12/18. Commissioner Information Meeting Docket No. ER17–889, Southwest Power Accession Number: 20180112–5122. Pool, Inc. Comments Due: 5 p.m. ET 2/2/18. The Federal Energy Regulatory Docket No. ER17–953, South Central Docket Numbers: ER18–645–000. Commission (Commission) hereby gives MCN LLC Applicants: AEP Generation notice that Commissioners and members Docket No. ER17–1092, Southwest Resources Inc. of its staff may attend the Colorado Power Pool, Inc.

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Docket No. ER17–1046, South Central Docket No. ER18–599, Southwest Power encourages electronic filing. Please file MCN LLC Pool, Inc. motions to intervene, protests and Docket No. ER17–1482, Southwest Docket No. EL18–9–000, Xcel Energy comments using the Commission’s Power Pool, Inc. Services, Inc. v. Southwest Power eFiling system at http://www.ferc.gov/ Docket No. ER17–1568, Southwest Pool, Inc. docs-filing/efiling.asp. Commenters can Power Pool, Inc. Docket No. EL18–20–000, Indicated SPP submit brief comments up to 6,000 Docket No. ER17–1575, Southwest Transmission Owners v. Southwest characters, without prior registration, Power Pool, Inc. Power Pool, Inc. using the eComment system at http:// Docket No. ER17–2027, Southwest Docket No. EL18–26, EDF Renewable www.ferc.gov/docs-filing/ Power Pool, Inc. Energy, Inc. v. Midcontinent ecomment.asp. You must include your Docket No. ER17–2229, Southwest Independent System Operator, Inc., name and contact information at the end Power Pool, Inc. Southwest Power Pool, Inc., and PJM of your comments. For assistance, Docket No. ER17–2256, Southwest Interconnection, L.L.C. please contact FERC Online Support at Power Pool, Inc. Docket No. EL18–35, Southwest Power [email protected], (866) Docket No. ER17–2257, Southwest Pool, Inc. 208–3676 (toll free), or (202) 502–8659 Power Pool, Inc. (TTY). In lieu of electronic filing, please Docket No. ER17–2312, Southwest This meeting is open to the public. For more information, contact Patrick send a paper copy to: Secretary, Federal Power Pool, Inc. Energy Regulatory Commission, 888 Docket No. ER17–2388, Southwest Clarey, Office of Energy Market First Street NE, Washington, DC 20426. Power Pool, Inc. Regulation, Federal Energy Regulatory Docket No. ER17–2441, Southwest Commission at (317) 249–5937 or Please include the project number (P– Power Pool, Inc. [email protected]. 3586–006) on any comments, motions to Docket No. ER17–2442, Southwest Dated: January 12, 2018. intervene, protests, or recommendations filed. Power Pool, Inc. Kimberly D. Bose, Docket No. ER17–2523, Southwest k. Description of Request: Rocky River Secretary. Power Pool, Inc. Hydro, LLC (exemptee), through its Docket No. ER17–2537, Southwest [FR Doc. 2018–01022 Filed 1–19–18; 8:45 am] representative, Unique Places, LLC Power Pool, Inc. BILLING CODE 6717–01–P proposes to surrender the exemption for Docket No. ER17–2563, Southwest the Rocky River Project and Power Pool, Inc. decommission the project facilities. Docket No. ER17–2583, Southwest DEPARTMENT OF ENERGY Decommissioning would involve disconnecting all utilities at the project, Power Pool, Inc. Federal Energy Regulatory removing the generator, turbine, and Docket No. ER18–171, Southwest Power Commission Pool, Inc. control equipment, and demolishing the Docket No. ER18–194, Southwest Power [Project No. 3586–006] powerhouse, dam, and embankments. Pool, Inc. Metal and some other material would be Docket No. ER18–195, Southwest Power Rocky River Hydro, LLC; Notice of properly disposed of off-site, and some Pool, Inc. Application Accepted for Filing, material would be used in bank Docket No. ER18–208, Southwest Power Soliciting Comments, Motions To stabilization in the demolition area. The Pool, Inc. Intervene, and Protests proposed decommissioning work is an Docket No. ER18–332, Southwest Power Take notice that the following element of a project developed with Pool, Inc. state and federal resource agencies to Docket No. ER18–352, Southwest Power hydroelectric application has been filed with the Commission and is available restore critical habitat for the federally Pool, Inc. endangered Cape Fear shiner. Docket No. ER18–364, Southwest Power for public inspection: a. Type of Proceeding: Application for l. Locations of the Application: A Pool, Inc. copy of the application is available for Docket No. ER18–374, Southwest Power surrender of exemption. b. Project No.: 3586–006. inspection and reproduction at the Pool, Inc. Commission’s Public Reference Room, Docket No. ER18–381, Southwest Power c. Date Filed: December 26, 2017. d. Exemptee: Rocky River Hydro, LLC. located at 888 First Street, NE, Room Pool, Inc. 2A, Washington, DC 20426, or by calling Docket No. ER18–401, Southwestern e. Name of Project: Rocky River (202) 502–8371. This filing may also be Public Service Company Project No. 3586. viewed on the Commission’s website at Docket No. ER18–421, Southwest Power f. Location: The project is located on http://www.ferc.gov/docs-filing/ Pool, Inc. the Rocky River, upstream of its Docket No. ER18–478, Southwest Power confluence with the Deep River, in efiling.asp. Enter the docket number Pool, Inc. Chatham County, North Carolina. excluding the last three digits in the Docket No. ER18–495, Southwestern g. Filed Pursuant to: 18 CFR 4.102. docket number field to access the Public Service Co. h. Exemptee Contact: Timothy Dean document. You may also register online Docket No. ER18–499, Southwestern Sweeney, Member/Manager, Rocky at http://www.ferc.gov/docs-filing/ Electric Power Company River Hydro, LLC, 3409 Birk Bluff esubscription.asp to be notified via Docket No. ER18–500, Southwestern Court, Cary, NC 27518; or, Aaron Aho, email of new filings and issuances Electric Power Company Unique Places, P.O. Box 52357, related to this or other pending projects. Docket No. ER18–590, Southwest Power Durham, NC 27717. For assistance, call 1–866–208–3676 or Pool, Inc. i. FERC Contact: Marybeth Gay, (202) email [email protected], for Docket No. ER18–421, Southwest Power 502–6125, [email protected]. TTY, call (202) 502–8659. A copy is also Pool, Inc. j. Deadline for filing comments, available for inspection and Docket No. ER18–594, Southwest Power interventions, protests, and reproduction at the address in item (h) Pool, Inc. recommendations is 30 days from the above. Docket No. ER18–592, Southwest Power issuance date of this notice by the m. Individuals desiring to be included Pool, Inc. Commission. The Commission strongly on the Commission’s mailing list should

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so indicate by writing to the Secretary DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY of the Commission. Federal Energy Regulatory n. Comments, Protests, or Motions to Federal Energy Regulatory Commission Intervene: Anyone may submit Commission comments, a protest, or a motion to Combined Notice of Filings intervene in accordance with the [Docket No. NJ18–9–000] requirements of Rules of Practice and Take notice that the Commission has Buckeye Power, Inc.; Notice of Filing Procedure, 18 CFR 385.210, .211, .212 received the following Natural Gas and .214. In determining the appropriate Pipeline Rate and Refund Report filings: Take notice that on December 29, action to take, the Commission will Docket Numbers: RP18–345–000. 2017, Buckeye Power, Inc. submitted its consider all protests or other comments Applicants: Northern Natural Gas tariff filing: Buckeye Revised Rate filed, but only those who file a motion Company. Schedule Filing to be effective 12/29/ to intervene in accordance with the Description: § 4(d) Rate Filing: 2017. Commission’s Rules may become a 20180112 Remove Non Conforming to party to the proceeding. Any comments, be effective 12/22/2017. Any person desiring to intervene or to protests, or motions to intervene must Filed Date: 1/12/18. protest this filing must file in be received on or before the specified Accession Number: 20180112–5054. accordance with Rules 211 and 214 of comment date for the particular Comments Due: 5 p.m. ET 1/24/18. the Commission’s Rules of Practice and Procedure (18 CFR 385.211, 385.214). application. Docket Numbers: RP18–346–000. Protests will be considered by the o. Filing and Service of Responsive Applicants: Iroquois Gas Commission in determining the Documents: Any filing must (1) bear in Transmission System, L.P. appropriate action to be taken, but will all capital letters the title COMMENTS, Description: § 4(d) Rate Filing: 011218 not serve to make protestants parties to PROTEST, or MOTION TO INTERVENE Negotiated Rates—Consolidated Edison the proceeding. Any person wishing to as applicable; (2) set forth in the Energy Inc. R–2275–13 to be effective 1/ become a party must file a notice of heading the name of the applicant and 15/2018. intervention or motion to intervene, as the project number of the application to Filed Date: 1/12/18. appropriate. Such notices, motions, or which the filing responds; (3) furnish Accession Number: 20180112–5056. protests must be filed on or before the the name, address, and telephone Comments Due: 5 p.m. ET 1/24/18. comment date. On or before the number of the person protesting or Docket Numbers: RP18–347–000. comment date, it is not necessary to intervening; and (4) otherwise comply Applicants: Iroquois Gas serve motions to intervene or protests with the requirements of 18 CFR Transmission System, L.P. on persons other than the Applicant. 385.2001 through 385.2005. All Description: § 4(d) Rate Filing: 011218 comments, motions to intervene, or Negotiated Rates—Macquarie Energy The Commission encourages protests must set forth their evidentiary LLC H–4090–89 to be effective 1/15/ electronic submission of protests and basis and otherwise comply with the 2018. interventions in lieu of paper using the requirements of 18 CFR 4.34(b). All Filed Date: 1/12/18. eFiling link at http://www.ferc.gov. comments, motions to intervene, or Accession Number: 20180112–5057. Persons unable to file electronically protests should relate the temporary Comments Due: 5 p.m. ET 1/24/18. should submit an original and 5 copies of the protest or intervention to the variance that is the subject of this The filings are accessible in the Federal Energy Regulatory Commission, notice. Agencies may obtain copies of Commission’s eLibrary system by 888 First Street NE, Washington, DC the application directly from the clicking on the links or querying the 20426. applicant. A copy of any protest or docket number. motion to intervene must be served Any person desiring to intervene or This filing is accessible on-line at upon each representative of the protest in any of the above proceedings http://www.ferc.gov, using the eLibrary applicant specified in the particular must file in accordance with Rules 211 link and is available for review in the application. If an intervener files and 214 of the Commission’s Commission’s Public Reference Room in comments or documents with the Regulations (18 CFR 385.211 and Washington, DC. There is an Commission relating to the merits of an 385.214) on or before 5:00 p.m. Eastern eSubscription link on the website that issue that may affect the responsibilities time on the specified comment date. enables subscribers to receive email of a particular resource agency, they Protests may be considered, but notification when a document is added must also serve a copy of the document intervention is necessary to become a to a subscribed docket(s). For assistance on that resource agency. A copy of all party to the proceeding. with any FERC Online service, please other filings in reference to this eFiling is encouraged. More detailed email [email protected], or application must be accompanied by information relating to filing call (866) 208–3676 (toll free). For TTY, proof of service on all persons listed in requirements, interventions, protests, call (202) 502–8659. service, and qualifying facilities filings the service list prepared by the Comment Date: 5:00 p.m. Eastern can be found at: http://www.ferc.gov/ Commission in this proceeding, in Time on January 19, 2018. accordance with 18 CFR 4.34(b) and docs-filing/efiling/filing-req.pdf. For 385.2010. other information, call (866) 208–3676 Dated: January 12, 2018.. (toll free). For TTY, call (202) 502–8659. Kimberly D. Bose, Dated: January 16, 2018. Dated: January 16, 2018. Secretary. Kimberly D. Bose, Nathaniel J. Davis, Sr., [FR Doc. 2018–01017 Filed 1–19–18; 8:45 am] Secretary. Deputy Secretary. BILLING CODE 6717–01–P [FR Doc. 2018–01015 Filed 1–19–18; 8:45 am] [FR Doc. 2018–01021 Filed 1–19–18; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Magnuson-Stevens Fisheries submit brief comments up to 6,000 Conservation and Management Act; and characters, without prior registration, Federal Energy Regulatory (c) the State Historic Preservation using the eComment system at http:// Commission Officer, as required by section 106, www.ferc.gov/docs-filing/ [Project No. 96–045] National Historic Preservation Act, and ecomment.asp. You must include your the implementing regulations of the name and contact information at the end Pacific Gas and Electric Company; Advisory Council on Historic of your comments. For assistance, Notice of Intent To File License Preservation at 36 CFR 800.2. please contact FERC Online Support at Application, Filing of Pre-Application l. With this notice, we are designating [email protected]. In lieu of Document (Pad), Commencement of PG&E as the Commission’s non-federal electronic filing, please send a paper Pre-Filing Process, and Joint Scoping representatives for carrying out informal copy to: Secretary, Federal Energy With the California State Water consultation, pursuant to: Section 7 of Regulatory Commission, 888 First Street Resources Control Board; Request for the Endangered Species Act; section NE, Washington, DC 20426. The first Comments on the Pad and Scoping 305(b)(2) of the Magnuson-Stevens page of any filing should include docket Document, and Identification of Issues Fisheries Conservation and Management number P–96–045. and Associated Study Requests Act; and section 106 of the National All filings with the Commission must Historic Preservation Act. bear the appropriate heading: Comments a. Type of Filing: Notice of Intent to m. On November 16, 2017, PG&E filed on Pre-Application Document, Study File License Application for a New with the Commission a Pre-Application Requests, Comments on Scoping License and Commencing Pre-filing Document (PAD; including a proposed Document 1, Request for Cooperating Process process plan and schedule), pursuant to Agency Status, or Communications to b. Project No.: 96–045 18 CFR 5.6 of the Commission’s and from Commission Staff. Any c. Dated Filed: November 16, 2017 regulations. individual or entity interested in d. Submitted By: Pacific Gas & n. A copy of the PAD is available for submitting study requests, commenting Electric Company (PG&E) review at the Commission in the Public on the PAD or SD1, and any agency e. Name of Project: Kerckhoff Reference Room or may be viewed on requesting cooperating status must do so Hydroelectric Project the Commission’s website (http:// by March 17, 2018. f. Location: On the San Joaquin River, www.ferc.gov), using the ‘‘eLibrary’’ State Water Board: in Fresno and Madera Counties, link. Enter the docket number, Written comments should be California, about 25 miles northeast of excluding the last three digits in the provided as noted below. When the city of Fresno, California. The docket number field to access the submitting your comments, provide the majority of the project is located on document. For assistance, contact FERC contact person’s name and phone lands owned by PG&E, National Forest Online Support at number. The State Water Board is System Lands administered by the U.S. [email protected], (866) seeking information regarding what type Forest Service, Sierra National Forest, 208–3676 (toll free), or (202) 502–8659 of environmental document should be and on lands managed by the U.S. (TTY). A copy is also available for prepared (i.e., negative declaration, Bureau of Land Management. inspection and reproduction at the mitigated negative declaration, or g. Filed Pursuant to: 18 CFR part 5 of address in paragraph h. environmental impact report), as well as the Commission’s Regulations. Register online at http:// scoping comments. h. Applicant Contact: Debbie Powell, www.ferc.gov/docs-filing/ State Water Resources Control Board, Senior Director, Power Generation— esubscription.asp to be notified via Division of Water Rights—Water Quality Operations, Pacific Gas and Electric email of new filing and issuances Certification Program, Attention: Philip Company, P.O. Box 770000, MCN11D– related to this or other pending projects. Choy, P.O. Box 2000, Sacramento, CA 1138, San Francisco, CA 94177–0001 For assistance, contact FERC Online 95812–2000, Phone: (916) 341–5408, i. FERC Contact: Evan Williams at Support. Fax: (916) 341–5400, Email: (202) 502–8462 or evan.williams@ o. With this notice, we are soliciting [email protected]. ferc.gov. comments on the PAD and j. Cooperating agencies: Federal, state, Commission’s staff Scoping Document 1 Scoping Meetings local, and tribal agencies with (SD1), as well as study requests. All Commission staff will hold two jurisdiction and/or special expertise comments on the PAD and SD1, and scoping meetings in the vicinity of the with respect to environmental issues study requests should be sent to the project at the times and places noted that wish to cooperate in the address above in paragraph h. In below. The daytime meeting will focus preparation of the environmental addition, all comments on the PAD and on resource agency, Indian tribes, and document should follow the SD1, study requests, requests for non-governmental organization instructions for filing such requests cooperating agency status, and all concerns, while the evening meeting is described in item o below. Cooperating communications to and from primarily for receiving input from the agencies should note the Commission’s Commission staff related to the merits of public. We invite all interested policy that agencies that cooperate in the potential application must be filed individuals, organizations, and agencies the preparation of the environmental with the Commission. Scoping to attend one or both of the meetings, document cannot also intervene. See 94 comments should be filed separately and to assist staff in identifying FERC 61,076 (2001). with the Commission and California particular study needs, as well as the k. With this notice, we are initiating State Water Resources Control Board scope of environmental issues to be informal consultation with: (a) The U.S. (State Water Board), as noted below. addressed in the environmental Fish and Wildlife Service and/or NOAA Commission: document. Fisheries under section 7 of the The Commission strongly encourages These scoping meetings are being Endangered Species Act and the joint electronic filing. Please file all coordinated with the State Water Board agency regulations thereunder at 50 documents using the Commission’s and are considered joint scoping CFR, Part 402, (b) NOAA Fisheries eFiling system at http://www.ferc.gov/ meetings for the purposes of both the under section 305(b)(2) of the docs-filing/efiling.asp. Commenters can National Environmental Policy Act

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(NEPA) and the California February 14, 2018. Participants are CONTACT PERSON FOR MORE INFORMATION: Environmental Quality Act (CEQA), responsible for their own transportation. Judith Ingram, Press Officer, Telephone: should the State Water Board prepare an Persons planning on participating in the (202) 694–1220. environmental impact report (EIR). (See site visit must RSVP to Ms. Lisa Individuals who plan to attend and Cal. Code Regs., tit. 14, 15083, 15223, Whitman of PG&E at Lisa.Whitman@ require special assistance, such as sign 15226.) This notice is intended to pge.com or (415) 973–7465, on or before language interpretation or other provide notice of the State Water February 1, 2018. Additional details reasonable accommodations, should Board’s informal consultation with concerning the site visit are provided in contact Dayna C. Brown, Secretary and responsible and trustee agencies SD1. Clerk, at (202) 694–1040, at least 72 pursuant to section 15063 of the CEQA hours prior to the meeting date. Meeting Objectives Guidelines as to the potential for the Dayna C. Brown, proposed action to cause a significant At the scoping meetings, staff will: (1) impact to the environment. (Cal. Code Initiate scoping of the issues; (2) review Secretary and Clerk of the Commission. Regs., tit. 14, § 15063, subd. (g).) and discuss existing conditions and [FR Doc. 2018–01205 Filed 1–18–18; 4:15 pm] Recipients of this notice are invited to resource management objectives; (3) BILLING CODE 6715–01–P comment on whether an EIR, negative review and discuss existing information declaration, or mitigated negative and identify preliminary information declaration should be prepared. In and study needs; (4) review and discuss FEDERAL RESERVE SYSTEM addition, pursuant to CEQA Guidelines the process plan and schedule for pre- section 15083, subdivision (c), these filing activity that incorporates the time Proposed Agency Information meetings are intended to simultaneously frames provided for in Part 5 of the Collection Activities; Comment serve the purposes identified in Commission’s regulations and, to the Request California Code of Regulations, title 14, extent possible, maximizes coordination AGENCY: Board of Governors of the section 15082, subdivision (c). Any of federal, state, and tribal permitting Federal Reserve System. and certification processes; and (5) responsible or trustee agency or other ACTION: Notice, request for comment. interested parties that believes an EIR discuss the appropriateness of any should be prepared should identify the federal or state agency or Indian tribe SUMMARY: The Board of Governors of the scope and content of any environmental acting as a cooperating agency for Federal Reserve System (Board or information it believes should be development of an environmental Federal Reserve) invites comment on a required, should the State Water Board document. proposal to extend, with revision, the prepare an EIR. Meeting participants should come mandatory Reporting Requirements The times and locations of these prepared to discuss their issues and/or associated with Regulation QQ (OMB meetings are as follows: concerns. Please review the PAD in No. 7100–0346). preparation for the scoping meetings. Daytime Scoping Meeting DATES: Comments must be submitted on Directions on how to obtain a copy of or before March 23, 2018. Date: Tuesday, February 13, 2018. the PAD and SD1 are provided in item Time: 9:00 a.m. n. of this document. ADDRESSES: You may submit comments, Location: Piccadilly Inn Airport, 5115 identified by Reg QQ, by any of the Meeting Procedures following methods: E McKinley Ave., Fresno, CA. • Phone: (559) 375–7760. The meetings will be recorded by a Agency website: http:// stenographer and will be placed in the www.federalreserve.gov. Follow the Evening Scoping Meeting public record of the Commission and instructions for submitting comments at Date: Tuesday, February 13, 2018. State Water Board proceedings for this http://www.federalreserve.gov/apps/ Time: 6:00 p.m. project. foia/proposedregs.aspx. Location: Piccadilly Inn Airport, 5115 • Federal eRulemaking Portal: http:// Dated: January 16, 2018. E McKinley Ave., Fresno, CA. www.regulations.gov. Follow the Phone: (559) 375–7760. Kimberly D. Bose, instructions for submitting comments. SD1, which outlines the subject areas Secretary. • Email: regs.comments@ to be addressed in the environmental [FR Doc. 2018–01014 Filed 1–19–18; 8:45 am] federalreserve.gov. Include OMB document, was mailed to the BILLING CODE 6717–01–P number in the subject line of the individuals and entities on the message. Commission’s mailing list. Copies of • Fax: (202) 452–3819 or (202) 452– SD1 will be available at the scoping FEDERAL ELECTION COMMISSION 3102. meetings, or may be viewed on the web • Mail: Ann Misback, Secretary, at http://www.ferc.gov, using the Sunshine Act Meeting Board of Governors of the Federal eLibrary link. Follow the directions for Reserve System, 20th Street and accessing information in paragraph n. TIME AND DATE: Thursday, January 25, Constitution Avenue NW, Washington, Based on all oral and written comments, 2018 at 10:00 a.m. DC 20551. a Scoping Document 2 (SD2) may be PLACE: 999 E Street, NW, Washington, All public comments are available issued. SD2 may include a revised DC (Ninth Floor). from the Board’s website at http:// process plan and schedule, as well as a STATUS: This meeting will be open to the www.federalreserve.gov/apps/foia/ list of issues, identified through the public. proposedregs.aspx as submitted, unless scoping process. MATTERS TO BE CONSIDERED: modified for technical reasons. Proposed Interim Enforcement Policy on Accordingly, your comments will not be Environmental Site Review Volunteer Mail Exemption edited to remove any identifying or The potential applicant and Proposed Revisions to Forms 8 & 9 and contact information. Public comments Commission staff will conduct an Instructions may also be viewed electronically or in Environmental Site Review (site visit) of Management and Administrative paper form in Room 3515, 1801 K Street the project at 8:00 a.m., Wednesday, Matters (between 18th and 19th Streets NW)

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Washington, DC 20006 between 9:00 c. Ways to enhance the quality, 715,697 hours; Complex Foreign Filers: a.m. and 5:00 p.m. on weekdays. utility, and clarity of the information to 222,000 hours. Total estimated annual Additionally, commenters may send a be collected; burden: 1,171,877. copy of their comments to the OMB d. Ways to minimize the burden of General Description of Report: Desk Officer—Shagufta Ahmed—Office information collection on respondents, Regulation QQ (12 CFR part 243) of Information and Regulatory Affairs, including through the use of automated requires each bank holding company Office of Management and Budget, New collection techniques or other forms of (BHC) with assets of $50 billion or more Executive Office Building, Room 10235, information technology; and and nonbank financial firms designated 725 17th Street NW, Washington, DC e. Estimates of capital or startup costs by the Financial Stability Oversight 20503 or by fax to (202) 395–6974. and costs of operation, maintenance, Council (FSOC) for supervision by the FOR FURTHER INFORMATION CONTACT: A and purchase of services to provide Board (collectively, covered companies) copy of the PRA OMB submission, information. to report annually to the Board and the including the proposed reporting form At the end of the comment period, the FDIC the plan of such company for and instructions, supporting statement, comments and recommendations rapid and orderly resolution under the and other documentation will be placed received will be analyzed to determine U.S. Bankruptcy Code in the event of into OMB’s public docket files, once the extent to which the Federal Reserve the company’s material financial approved. These documents will also be should modify the proposed revisions distress or failure. The plans submitted made available on the Federal Reserve prior to giving final approval. pursuant to Regulation QQ, and Board’s public website at: http:// identified in this information collection, Proposal To Approve Under OMB are reviewed jointly by the Board and www.federalreserve.gov/apps/ Delegated Authority the Extension for reportforms/review.aspx or may be Federal Deposit Insurance Corporation Three Years, With Revision, of the (FDIC) (collectively, the Agencies). On requested from the agency clearance Following Report: officer, whose name appears below. September 28, 2017, the Board and the Federal Reserve Board Clearance Report title: Reporting Requirements FDIC announced the postponement of Officer—Nuha Elmaghrabi—Office of Associated with Regulation QQ. the next plan submission of the largest and most complex, domestic BHCs 3 the Chief Data Officer, Board of Agency form number: Reg QQ. from July 1, 2018, to July 1, 2019, to Governors of the Federal Reserve OMB control number: 7100–0346. Frequency: Annually. permit the agencies to provide System, Washington, DC 20551, (202) Respondents: Bank holding meaningful feedback on the July 2017 452–3829. Telecommunications Device companies 1 with assets of $50 billion or plans and provide the BHCs with for the Deaf (TDD) users may contact more and nonbank financial firms sufficient time to incorporate the (202) 263–4869, Board of Governors of designated by the Financial Stability feedback into their next plans. If these the Federal Reserve System, Oversight Council for supervision by the firms were filing each year covered by Washington, DC 20551. Board. this notice, instead of only twice, the SUPPLEMENTARY INFORMATION: On June Estimated number of respondents: total estimated annual burden for the 15, 1984, the Office of Management and Reduced Reporters: 82; Tailored reporting of this information collection Budget (OMB) delegated to the Board Domestic Reporters: 13; Tailored would be 1,473,180 hours instead of the authority under the Paperwork Foreign Reporters: 2; Full Domestic aforementioned 1,171,877. Reduction Act (PRA) to approve of and Reporters: 3; Full Foreign Reporters: 16; The Board is exploring ways to assign OMB control numbers to Complex, Domestic Filers: 9; Complex, improve the resolution planning collection of information requests and Foreign Filers: 4. process. Such improvements could requirements conducted or sponsored Estimated average hours per response: include, for example, extending the by the Board. In exercising this Reduced Reporters: 60 hours; Tailored cycle for plan submissions; focusing delegated authority, the Board is Domestic Reporters: 9,000 hours; certain filings on key topics of interest directed to take every reasonable step to Tailored Foreign Reporters: 1,130 hours; and material changes; or reducing the solicit comment. In determining Full Domestic Reporters: 26,000 hours; submission requirements for firms with whether to approve a collection of Full Foreign Reporters: 2,000 hours; small, simple, and domestically focused information, the Board will consider all Complex, Domestic Filers: 79,522 activities. The Board will solicit comments received from the public and hours; 2 Complex, Foreign Filers: 55,500 comments on the effects that any such other agencies. hours. changes would have on paperwork burden if and when the changes are Request for Comment on Information Estimated annual burden hours: proposed. Collection Proposal Reduced Reporters: 4,920 hours; Tailored Domestic Reporters: 117,000 Proposed revisions: The Federal The Board invites public comment on hours; Tailored Foreign Reporters: 2,260 Reserve proposes to revise its original the following information collection, hours; Full Domestic Reporters: 78,000 burden estimates based on a which is being reviewed under hours; Full Foreign Reporters: 32,000 reassessment of the burden hours authority delegated by the OMB under hours; Complex, Domestic Filers: associated with responding to the the PRA. Comments are invited on the informational requirements of following: 1 This includes any foreign bank or company that Regulation QQ and to guidance, a. Whether the proposed collection of is, or is treated as, a bank holding company under feedback, and additional requests for information is necessary for the proper section 8(a) of the International Banking Act of information by the agencies as part of performance of the Federal Reserve’s 1978, and that has $50 billion or more in total the iterative resolution planning consolidated assets. process. The burden increase also is functions; including whether the 2 This estimate captures the annual time that information has practical utility; complex, domestic filers will spend complying with mitigated by the postponement of the b. The accuracy of the Federal this collection, given that eight of these filers will Reserve’s estimate of the burden of the only submit two resolution plans over the period 3 This group currently consists of Bank of proposed information collection, covered by this notice. The estimate therefore America Corporation; Bank of New York Mellon represents two-thirds of the time these eight firms Corporation; Citigroup, Inc.; Goldman Sachs Group, including the validity of the are estimated to spend on each resolution plan Inc.; JPMorgan Chase & Co.; Morgan Stanley; State methodology and assumptions used; submission. Street Corporation; and Wells Fargo & Company.

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July 2018 submission date for the information regarding assets, liabilities, SUMMARY: The Board of Governors of the resolution plans of the complex, capital and major funding sources; (iv) Federal Reserve System (Board) is domestic filers, which account for the a description of derivative activities and adopting a proposal to extend for three largest percentage of overall burden hedging activities; (v) a list of years, with revision, the Consolidated hours. memberships in material payment, Financial Statements for Holding Legal authorization and clearing, and settlement systems; (vi) a Companies (FR Y–9C) (OMB No. 7100– confidentiality: This information description of foreign operations; (vii) 0128), the Parent Company Only collection is mandatory pursuant to the identities of material supervisory Financial Statements for Large Holding section 165(d)(8) of the Dodd-Frank Act authorities; (viii) the identities of the Companies (FR Y–9LP) (OMB No. 7100– (Pub. L. 111–203, 124 Stat. 1376, 1426– principal officers; (ix) a description of 0128), the Parent Company Only 1427), 12 U.S.C. 5365(d)(8), which the corporate governance structure and Financial Statements for Small Holding requires the Board and the FDIC to processes related to resolution planning; Companies FR Y–9SP) (OMB No. 7100– jointly issue rules implementing the (x) a description of material 0128), the Financial Statements of U.S. provisions of section 165(d) of the management information systems; and Nonbank Subsidiaries Held by Foreign Dodd-Frank Act. The Board’s Legal (xi) a description, at a high level, of the Banking Organizations (FR Y–7N) (OMB Division has determined that under covered company’s resolution strategy, No. 7100–0125), and the Consolidated section 112(d)(5)(A) of the Dodd-Frank covering such items as the range of Report of Condition and Income for Act, the Board and the FDIC ‘‘shall potential purchasers of the covered Edge and Agreement Corporations (FR maintain the confidentiality of any data, company, its material entities and core 2886b) (OMB No. 7100–0086), and to information, and reports submitted business lines. extend, without revision, the Financial under’’ Title I (which includes section While the information in the public Statements for Employee Stock 165(d), the authority this regulation is section of a resolution plan should be Ownership Plan Holding Companies promulgated under) of the Dodd-Frank sufficiently detailed to allow the public (FR Y–9ES) (OMB No. 7100–0128) the Act. to understand the business of the Supplement to the Consolidated The Board and the FDIC will assess covered company, such information can Financial Statements for Holding the confidentiality of resolution plans be high level in nature and based on Companies (FR Y–9CS) (OMB No. 7100– and related material in accordance with publicly available information. The 0086), the Abbreviated Financial FOIA and the Board’s and the FDIC’s public section will be made available to Statements of U.S. Nonbank implementing regulations (12 CFR part the public exactly as submitted by the Subsidiaries Held by Foreign Banking 261 (Board); 12 CFR part 309 (FDIC)). covered companies as soon as possible Organizations (FR Y–7NS) (OMB No. The Board and the FDIC expect that following receipt by the agencies. A 7100–0125); and the Capital and Asset large portions of the submissions will covered company should submit a Report for Foreign Banking contain or consist of ‘‘trade secrets and properly substantiated request for Organizations (FR Y–7Q) (OMB No. commercial or financial information confidential treatment of any details in 7100–0125). obtained from a person and privileged the confidential section that it believes FOR FURTHER INFORMATION CONTACT: or confidential’’ and information that is are subject to withholding under Federal Reserve Board Clearance ‘‘contained in or related to examination, exemption 4 of the FOIA. In addition, Officer—Nuha Elmaghrabi—Office of operating, or condition reports prepared the Board and the FDIC will make the Chief Data Officer, Board of by, on behalf of, or for the use of an formal exemption and segregability Governors of the Federal Reserve agency responsible for the regulation or determinations if and when a plan is System, Washington, DC 20551, (202) supervision of financial institutions.’’ requested under the FOIA. 452–3829. Telecommunications Device This information is subject to Consultation outside the agency: The for the Deaf (TDD) users may contact withholding under exemptions 4 and 8 Board consulted with FDIC staff (202) 263–4869, Board of Governors of of the FOIA, 5 U.S.C. 552(b)(4) and regarding the revised burden estimate. the Federal Reserve System, 552(b)(8).4 The Board and the FDIC also In addition, to inform the Board’s Washington, DC 20551. recognize, however, that the regulation estimates, Board staff sought OMB Desk Officer—Shagufta calls for the submission of details information from all respondents Ahmed—Office of Information and regarding covered companies that are concerning each respondent’s estimate Regulatory Affairs, Office of publicly available or otherwise are not of the burden associated with this Management and Budget, New sensitive and should be made public. In collection. A total of 33 respondents Executive Office Building, Room 10235, order to address this, the regulation provided burden information. 725 17th Street NW, Washington, DC requires resolution plans to be divided 20503 or by fax to (202) 395–6974. into two portions: a public section and Board of Governors of the Federal Reserve SUPPLEMENTARY INFORMATION: On June a confidential section. System, January 17, 2018. In addition to any responses to Ann E. Misback, 15, 1984, the Office of Management and Budget (OMB) delegated to the Board guidance from the Agencies, the public Secretary of the Board. section of the resolution plan should authority under the Paperwork [FR Doc. 2018–01046 Filed 1–19–18; 8:45 am] Reduction Act (PRA) to approve and consist of an executive summary of the BILLING CODE 6210–01–P resolution plan that describes the assign OMB control numbers to business of the covered company and collection of information requests and includes, to the extent material to an FEDERAL RESERVE SYSTEM requirements conducted or sponsored understanding of the covered company: by the Board. Board-approved (i) The names of material entities; (ii) a Agency Information Collection collections of information are description of core business lines; (iii) Activities: Announcement of Board incorporated into the official OMB consolidated or segment financial Approval Under Delegated Authority inventory of currently approved and Submission to OMB collections of information. Copies of the 4 Depending upon the circumstances of any PRA submission, supporting statements, specific FOIA request, other exemptions may also AGENCY: Board of Governors of the and approved collection of information apply. Federal Reserve System. instrument(s) are placed into OMB’s

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public docket files. The Federal Reserve schedule that is determined when this Legal authorization and may not conduct or sponsor, and the supplement is used. confidentiality: The FR Y–9 family of respondent is not required to respond Proposed revisions: The Federal reports is authorized by section 5(c) of to, an information collection that has Reserve is implementing a number of the BHC Act (12 U.S.C. 1844(c)), section been extended, revised, or implemented revisions to the FR Y–9C reporting 10 of HOLA (12 U.S.C. 1467a(b)), on or after October 1, 1995, unless it requirements, most of which are sections 165 and 618 of the Dodd-Frank displays a currently valid OMB control consistent with recent changes to the Wall Street Reform and Consumer number. Federal Financial Institutions Protection Act (12 U.S.C. 1850a(c)(1) Examination Council (FFIEC) and 5365), and section 252.153(b)(2) of Final Approval Under OMB Delegated Consolidated Reports of Condition and Regulation YY (12 CFR 252.153(b)(2)). Authority of the Extension for Three Income (Call Reports) (FFIEC 031 & 041; These reports are mandatory. In general, Years, With Revision, of the Following OMB No. 7100–0036).1 Additionally, the Board does not consider the Reports the Federal Reserve will eliminate the financial data in these reports to be 1. Report title: Consolidated Financial concept of extraordinary items on confidential. However, a respondent Statements for Holding Companies, various reports, add one new item to the may request confidential treatment Parent Company Only Financial FR Y–9SP report, and revise the pursuant to sections (b)(4), (b)(6), and Statements for Large Holding instructions to clarify the reporting of (b)(8) of the Freedom of Information Act Companies, Parent Company Only certain tax benefits on various reports. (5 U.S.C. 552(b)(4), (b)(6), and (b)(8)). Financial Statements for Small Holding These changes would be effective for The applicability of these exemptions Companies, Financial Statement for reports reflecting the March 31, 2018, would be reviewed on a case-by-case Employee Stock Ownership Plan report date. The changes include: basis. Holding Companies, and the • Deleting existing data items from Effective Date: March 31, 2018. Supplemental to the Consolidated Schedule HI–B, Part I, Charge-Offs and 2. Report title: The Financial Financial Statements for Holding Recoveries on Loans and Leases and Statements of U.S. Nonbank Companies. Changes in Allowance for Loans and Subsidiaries Held by Foreign Banking Agency form number: FR Y–9C, FR Y– Lease Losses, of the FR Y–9C report that Organizations, Abbreviated Financial 9LP, FR Y–9SP, FR Y–9ES, and FR Y– pertain to charge-offs and recoveries on Statements of U.S. Nonbank 9CS. loans to U.S banks and foreign banks. Subsidiaries Held by Foreign Banking OMB control number: 7100–0128. • Deleting existing data items from Organizations, and the Capital and Frequency: Quarterly and Schedule HC–M, Memoranda, and Asset Report of Foreign Banking semiannually. Schedule HC–N, Past Due and Organizations. Reporters: Bank holding companies, Nonaccrual Loans, and Leases and Agency form number: FR Y–7N, FR savings and loan holding companies, Other Assets of the FR Y–9C that pertain Y–7NS, and FR Y–7Q. securities holding companies, and U.S. to certain loans covered by loss-sharing OMB control number: 7100–0125. Frequency: Quarterly and annually. Intermediate Holding Companies agreements with the FDIC. • Reporters: Foreign bank organizations. (collectively, holding companies (HCs)). Increasing one reporting threshold Estimated annual reporting hours: FR Estimated annual reporting hours: FR and adding one new reporting threshold Y–7N (quarterly): 1,360; FR Y–7N Y–9C (non advanced approaches HCs): on the FR Y–9C for certain data items (annual): 313; FR Y–7NS: 66; FR Y–7Q 123,636 hours; FR Y–9C (advanced on Schedule HI, Consolidated Income (quarterly): 1,644; FR Y–7Q (annual): 48. approached HCs): 3,628 hours; FR Y– Statement. • Estimated average hours per response: 9LP: 16,400 hours; FR Y–9SP: 42,811; Eliminating extraordinary items on FR Y–7N (quarterly): 6.8; FR Y–7N FR Y–9ES: 42 hours; FR Y–9CS: 472 the FR Y–9LP. • (annual): 6.8; FR Y–7NS: 1.0 FR Y–7Q hours. Revising data items for the (quarterly): 3.00; FR Y–7Q (annual): 1.5. Estimated average hours per response: reclassification of certain tax benefits on Number of respondents: FR Y–7N FR Y–9C (non-advanced approaches the FR Y–9C and FR Y–9LP. (annual): 50; FR Y–7N (annual): 46; FR • HCs): 49.14 hours; FR Y–9C (advanced Adding one new data item to Y–7NS: 66 FR Y–7Q (quarterly): 137; FR approached HCs): 50.39 hours; FR Y– Schedule SI of the FR Y–9SP to collect Y–7Q (annual): 32. 9LP: 5.27 hours; FR Y–9SP: 5.40 hours information pertaining to discontinued General description of report: The FR FR Y–9ES: 0.50 hours; FR Y–9CS: 0.50 operations. Y–7N and FR Y–7NS collect financial hours. • Revising one control total and information for non-functionally Number of respondents: FR Y–9C adding two control totals on Schedule regulated U.S. nonbank subsidiaries (non-advanced approaches holding HC–C and HC–N of the FR Y–9C report. held by foreign banking organizations companies): 629; FR Y–9C (advanced • Revising captions and instructions (FBOs) other than through a (BHC), approached holding companies): 18; FR to replace ‘‘Loans net of unearned (IHC) or U.S. bank. FBOs file the FR Y– Y–9LP: 778; FR Y–9SP: 3,964 FR Y–9ES: income’’ with ‘‘Loans held for 7N quarterly or annually or the FR Y– 83; FR Y–9CS: 236. investment’’ for the FR Y–9C, FR Y– 7NS annually predominantly based on General description of report: 9LP, FR Y–9SP, FR Y–7N and the FR asset size thresholds. The FR Y–7Q Pursuant to the Bank Holding Company 2886b. collects consolidated regulatory capital Act of 1956 (BHC Act), as amended, and information from all FBOs either the Home Owners’ Loan Act (HOLA), 1 The reporting changes to the FFIEC 031 and quarterly or annually. The FR Y–7Q is the Federal Reserve requires HCs to FFIEC 041 became effective March 31, 2017. See 82 filed quarterly by FBOs that have Fed. Reg. 2444 (January 9, 2017). Certain data items provide standardized financial deleted on the FFIEC 031 and FFIEC 041 do not effectively elected to become U.S. FHCs statements to fulfill the Federal correspond to any FR Y–9C data items. Also, certain and by FBOs that have total Reserve’s statutory obligation to data items that were deleted from the FFIEC 041 consolidated assets of $50 billion or supervise these organizations. HCs file report because the data is predominantly reported more, regardless of FHC status. All other by banks with foreign offices (FFIEC 031) remain on the FRY–9C and FR Y–9LP quarterly, the FR Y–9C because no distinction is made for FBOs file the FR Y–7Q annually. the FR Y–9SP semiannually, the FR Y– reporting of HCs with foreign offices versus those Proposed revisions: The Federal 9ES annually, and the FR Y–9CS on a without foreign offices. Reserve proposes to revise the report

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form and instructions for the FR Y–7N Number of respondents: Banking: Current actions: On July 18, 2017, the to eliminate the concept of Edge and agreement corporations Board published a notice in the Federal extraordinary items to be consistent (quarterly): 7; Banking: Edge and Register (82 FR 32812) requesting with Accounting Standards Update agreement corporations (annually): 1; public comment for 60 days on the (ASU) 2015–01, reclassify and clarify Investment: Edge and agreement proposal to extend with revision the FR the reporting for certain tax benefits, corporations (quarterly): 24; Investment: Y–9C, FR Y–9LP, FR Y–7N, and FR and replace report form captions and Edge and agreement corporations 2886b; and to extend without revision instructions referencing ‘‘Loans net of (annually): 9. the FR Y–9ES, FR Y–9CS, FR Y–7NS, unearned income’’ with ‘‘Loans held for General description of report: The FR and FR Y–7Q. The comment period investment.’’ 2886b reporting form is filed quarterly expired on September 18, 2017. The Effective Date: March 31, 2018. and annually by banking Edge and Board received one comment from a Legal authorization and agreement corporations and investment banking association that, while confidentiality: The FR Y–7N, FR Y– (nonbanking) Edge and agreement expressing support for the FR Y–9C 7NS, and FR Y–7Q are authorized by corporations (collectively, ‘‘Edges or proposed changes, urged the Board to section 5(c) of the Bank Holding Edge corporations’’). The mandatory FR have the FR Y–9C revisions Company Act (12 U.S.C. 1844(c)) and 2886b comprises an income statement incorporated into the March 31, 2018, sections 8(c) and 13 of the International with two schedules reconciling changes report date (rather than the September Banking Act (12 U.S.C. 3106(c) and in capital and reserve accounts and a 30, 2017, report date) to harmonize the 3108). Section 165 of the Dodd-Frank balance sheet with 11 supporting proposed changes with the proposed Act (12 U.S.C. 5365) directs the Board schedules. Other than examination changes to the Call Reports. The Board to establish enhanced prudential reports, it provides the only financial has approved, pursuant to authority standards for certain companies, data available for these corporations. delegated by the OMB, the collections of including certain FBOs. The obligation The Federal Reserve is solely information as proposed and amended of covered institutions to report this responsible for authorizing, supervising, (as discussed below). information is mandatory. Information and assigning ratings to Edges. The Detailed Discussion of Public disclosed in these reports is collected as Federal Reserve uses the data collected Comments: In response to the part of the Board’s supervisory process on the FR 2886b to identify present and commenter’s suggestion, the Board and may be accorded confidential potential problems and monitor and amended the proposal on September 11, treatment under exemption 8 of the develop a better understanding of 2017 (82 FR 43367), to make the Freedom of Information Act (FOIA) (5 activities within the industry. proposed changes to the FR Y–9C family U.S.C. 552(b)(8)), but information that is Proposed revisions: The Federal of reports, the FR Y–7N family of required to be disclosed publicly is Reserve proposes to revise the report reports, and the FR 2886b report generally not considered confidential. form and instructions to eliminate the effective with the reports reflecting the However, individual respondents may concept of extraordinary items to be March 31, 2018, report date. This request that certain data be protected consistent with Accounting Standards effective date should give institutions pursuant to Exemptions 4 and 6 (5 Update (ASU) 2015–01, reclassify and ample time to prepare for the revisions U.S.C. 552(b)(4) and (6)) of FOIA, where clarify the reporting for certain tax and would minimize burden by such data relates to trade secrets and benefits in the reporting instructions, allowing institutions to prepare their financial information, or to personal and replace report form captions and systems once for these changes and any information, respectively. The instructions referencing ‘‘Loans net of future burden-reducing changes targeted applicability of these exemptions would unearned income’’ with ‘‘Loans held for for that report date. The comment have to be determined on a case-by-case investment.’’ These changes would be period for the proposal expired on basis. effective for reports reflecting the March September 18, 2017. The Board did not 3. Report title: Consolidated Report of 31, 2018, report date. receive any additional comments. The Condition and Income for Edge and Effective Date: March 31, 2018. revisions will be implemented as Agreement Corporations. Legal authorization and proposed and amended on September Agency form number: FR 2886b. confidentiality: Sections 25 and 25A of 11, 2017. OMB control number: 7100–0086. the Federal Reserve Act authorize the Federal Reserve to collect the FR 2886b Board of Governors of the Federal Reserve Frequency: Quarterly. System, January 17, 2018. Reporters: Banking Edge and (12 U.S.C. 602, 625). The obligation to Ann E. Misback, agreement corporations and investment report this information is mandatory. (nonbanking) Edge and agreement The information collected on the FR Secretary of the Board. corporations. 2886b is generally not considered [FR Doc. 2018–01056 Filed 1–19–18; 8:45 am] Estimated annual reporting hours: confidential, but certain data may be BILLING CODE 6210–01–P Banking: Edge and agreement exempt from disclosure pursuant to corporations (quarterly): 424; Banking: exemption (b)(4) and (b)(7)(C) of the Edge and agreement corporations Freedom of Information Act, (5 U.S.C. FEDERAL RESERVE SYSTEM (annually): 15; Investment: Edge and 552(b)(4) and (b)(7)(C)). The information Formations of, Acquisitions by, and agreement corporations (quarterly): 922; exempt from disclosure pursuant to Mergers of Savings and Loan Holding Investment: Edge and agreement (b)(4) consists of information provided Companies corporations (annually): 86. on Schedule RC–M (with the exception Estimated average hours per response: for item 3) and on Schedule RC–V, both The companies listed in this notice Banking: Edge and agreement of which pertain to claims on and have applied to the Board for approval, corporations (quarterly): 15.15; Banking: liabilities to related organizations. The pursuant to the Home Owners’ Loan Act Edge and agreement corporations information exempt from disclosure (12 U.S.C. 1461 et seq.) (HOLA), (annually): 15.15; Investment: Edge and pursuant to exemption (b)(7)(C) is Regulation LL (12 CFR part 238), and agreement corporations (quarterly): 9.6; information provided in the Patriot Act Regulation MM (12 CFR part 239), and Investment: Edge and agreement Contact Information section of the all other applicable statutes and corporations (annually): 9.6. reporting form. regulations to become a savings and

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loan holding company and/or to acquire bank holding company and all of the Closed Session the assets or the ownership of, control banks and nonbanking companies Information covered under 5 U.S.C. of, or the power to vote shares of a owned by the bank holding company, 552b (c)(4) and (c)(9)(B). savings association and nonbanking including the companies listed below. companies owned by the savings and The applications listed below, as well CONTACT PERSON FOR MORE INFORMATION: loan holding company, including the as other related filings required by the Kimberly Weaver, Director, Office of companies listed below. Board, are available for immediate External Affairs, (202) 942–1640. The applications listed below, as well inspection at the Federal Reserve Bank Dated: January 16, 2018. as other related filings required by the indicated. The applications will also be Kimberly Weaver, Board, are available for immediate available for inspection at the offices of Director, Office of External Affairs. inspection at the Federal Reserve Bank the Board of Governors. Interested Megan Grumbine, indicated. The application also will be persons may express their views in General Counsel, Federal Retirement Thrift available for inspection at the offices of writing on the standards enumerated in Investment Board. the Board of Governors. Interested the BHC Act (12 U.S.C. 1842(c)). If the [FR Doc. 2018–01050 Filed 1–19–18; 8:45 am] persons may express their views in proposal also involves the acquisition of BILLING CODE P writing on the standards enumerated in a nonbanking company, the review also the HOLA (12 U.S.C. 1467a(e)). If the includes whether the acquisition of the proposal also involves the acquisition of nonbanking company complies with the FEDERAL TRADE COMMISSION a nonbanking company, the review also standards in section 4 of the BHC Act includes whether the acquisition of the (12 U.S.C. 1843). Unless otherwise Agency Information Collection nonbanking company complies with the noted, nonbanking activities will be Activities; Proposed Collection; standards in section 10(c)(4)(B) of the conducted throughout the United States. Comment Request HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless Unless otherwise noted, comments otherwise noted, nonbanking activities regarding each of these applications AGENCY: Federal Trade Commission will be conducted throughout the must be received at the Reserve Bank (FTC or Commission). United States. indicated or the offices of the Board of ACTION: Notice. Unless otherwise noted, comments Governors not later than February 14, regarding each of these applications 2018. SUMMARY: The information collection must be received at the Reserve Bank A. Federal Reserve Bank of Dallas requirements described below will be indicated or the offices of the Board of (Robert L. Triplett III, Senior Vice submitted to the Office of Management Governors not later than February 15, President) 2200 North Pearl Street, and Budget (OMB) for review, as 2018. Dallas, Texas 75201–2272: required by the Paperwork Reduction A. Federal Reserve Bank of 1. Independent Bank Group, Inc., Act (PRA). The FTC seeks public Philadelphia (William Spaniel, Senior McKinney, Texas; to acquire 100 percent comments on its proposal to extend for Vice President) 100 North 6th Street, of the voting shares of Integrity three years the current PRA clearance Philadelphia, Pennsylvania 19105– Bancshares, Inc., and indirectly acquire for information collection requirements 1521. Comments can also shares of Integrity Bank, SSB, both of pertaining to the Commission’s be sent electronically to Houston, Texas. administrative activities. That clearance [email protected]: expires on April 30, 2018, and consists 1. William Penn Mutual Holding Board of Governors of the Federal Reserve System, January 16, 2018. of: (a) Applications to the Commission, Company and William Penn Bancorp, Ann E. Misback, including applications and notices Levittown, Pennsylvania; to acquire contained in the Commission’s Rules of Secretary of the Board. voting shares of Audubon Savings Bank, Practice (primarily Parts I, II, and IV); Audubon, New Jersey, and thereby [FR Doc. 2018–00948 Filed 1–19–18; 8:45 am] (b) the FTC’s consumer complaint merge it with William Penn Bank, BILLING CODE P systems; and (c) the FTC’s program Levittown, Pennsylvania. evaluation activities. Board of Governors of the Federal Reserve DATES: Comments must be received on FEDERAL RETIREMENT THRIFT System, January 16, 2018. or before March 23, 2018. INVESTMENT Ann E. Misback, ADDRESSES: Interested parties may file a Secretary of the Board. Board Member Meeting comment online or on paper by [FR Doc. 2018–00947 Filed 1–19–18; 8:45 am] following the instructions in the BILLING CODE P 77 K Street NE, 10th Floor, Washington, DC Request for Comments part of the 20002, January 22, 2018, 8:30 a.m. (In- SUPPLEMENTARY INFORMATION section Person) below. Write ‘‘Paperwork Reduction FEDERAL RESERVE SYSTEM Open Session Act: FTC File No. P072108’’ on your Formations of, Acquisitions by, and 1. Approval of the minutes for the comment, and file your comment online Mergers of Bank Holding Companies December 18, 2017 Board Meeting at https://ftcpublic.commentworks.com/ 2. Monthly Reports ftc/adminactivitiespra by following the The companies listed in this notice (a) Participant Activity Report instructions on the web-based form. If have applied to the Board for approval, (b) Legislative Report you prefer to file your comment on pursuant to the Bank Holding Company 3. Quarterly Reports paper, mail your comment to the Act of 1956 (12 U.S.C. 1841 et seq.) (c) Investment Policy following address: Federal Trade (BHC Act), Regulation Y (12 CFR part (d) Budget Review Commission, Office of the Secretary, 225), and all other applicable statutes (e) Audit Status 600 Pennsylvania Avenue NW, Suite and regulations to become a bank 4. IT Update CC–5610 (Annex J), Washington, DC holding company and/or to acquire the 5. Annual Expense Ratio Review 20580, or deliver your comment to the assets or the ownership of, control of, or 6. Blended Retirement Update following address: Federal Trade the power to vote shares of a bank or 7. Vendor Financials Commission, Office of the Secretary,

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Constitution Center, 400 7th Street SW, Practice for Adjudicative Proceedings) on the applicable forms available on the 5th Floor, Suite 5610 (Annex J), of the Commission’s Rules of Practice. FTC’s website. For telephone inquiries Washington, DC 20024. See 16 CFR 3.1–3.83. Nonetheless, there and complaints, the FTC staff estimates FOR FURTHER INFORMATION CONTACT: For are various applications and notices to that it takes 6.1 minutes per call to purposes specific to this Federal the Commission contained in other gather information, and an estimated 4.8 Register Notice: (a) Applications to the rules (generally in Parts I, II, and IV of minutes for consumers to enter a Commission: Gary Greenfield (Office of the Commission’s Rule of Practice). For complaint online. The burden estimate the General Counsel), 202–326–2753; (b) example, based on an averaging of conservatively assumes that all of the Complaint Systems: Nicholas results in recent years, staff estimates phone call is devoted to collecting Mastrocinque (Nick M.) and Ami that the FTC annually receives information from consumers, although Dziekan (Ami D.) (Bureau of Consumer approximately 30 requests for clearance frequently telephone counselors devote Protection); Nick M., 202–326–3188 and submitted by former FTC employees in a small portion of the call to providing Ami D., 202–326–2648; and (c) Program order to participate in certain matters requested information to consumers. and screening affidavits submitted by Evaluations: Jennifer Lee (Divestiture Complaints Concerning the National Do partners or legal or business associates Orders), 202–326–2246; Katherine Not Call Registry Ambrogi (Review of Competition of former employees pursuant to Rule To receive complaints from Advocacy Program), 202–326–2205. 4.1, 16 CFR 4.1. There are also procedures set out in Rule 4.11(e) for consumers of possible violations of the SUPPLEMENTARY INFORMATION: agency review of outside requests for rules governing the National Do Not Call Proposed Information Collection Commission employee testimony, Registry, 16 CFR 310.4(b), the FTC Activities through compulsory process or maintains both an online form and a toll otherwise, in cases or matters to which free hotline with automated voice Under the PRA, 44 U.S.C. 3501–3521, the agency is not a party. Rule 4.11(e) response system. Consumer federal agencies must get OMB approval requires that a person who seeks such complainants must provide the phone for each collection of information they testimony submit a statement in support number that was called, whether the conduct, sponsor, or require. of the request. Staff estimates that call was prerecorded, and the date and ‘‘Collection of information’’ means agency personnel receive approximately time of the call. They may also provide agency requests or requirements to 15 requests per year. Cumulatively, the either the name or telephone number of submit reports, keep records, or provide above, along with various sundry the company about which they are information to a third party. 44 U.S.C. additional requests of sporadic nature complaining, their name and address so 3502(3); 5 CFR 1320.3(c). As required by for which the Commission also specifies they can be contacted for additional section 3506(c)(2)(A) of the PRA, the particular information required of the information, as well as for a brief FTC is providing this opportunity for applicant or requester, amount to about comment regarding their complaint. In public comment before requesting that 55 applications or notices per year. Staff addition, complainants have the option OMB extend the existing PRA clearance estimates each respondent will incur, on of answering three yes-or-no questions for the information collection average, approximately 2 hours of to help law enforcement investigating requirements pertaining to the burden to submit an application or complaints. The FTC staff estimates that Commission’s administrative activities notice, resulting in a cumulative 110 the time required of consumer (OMB Control Number 3084–0047). burden hours per year (55 applications complainants is 3.0 minutes for phone The FTC invites comments on: (1) or notices × 2 burden hours). complaints and 2.5 minutes for online Whether the proposed collection of Annual labor cost burden: Using the complaints. information is necessary for the proper burden hours estimated above, staff Identity Theft performance of the functions of the estimates that the total annual labor agency, including whether the cost, based on an estimated average of To handle complaints about identity information will have practical utility; $130/hour for executives’ and attorneys’ theft, the FTC must obtain more detailed (2) the accuracy of the agency’s estimate wages, would be approximately $14,300 information than is required of other of the burden of the proposed collection (110 hours × $130).1 There are no complainants. Identity theft complaints of information, including the validity of capital, start-up, operation, generally require more information the methodology and assumptions used; maintenance, or other similar costs to (such as a description of actions (3) ways to enhance the quality, utility, respondents. complainants have taken with credit and clarity of the information to be (b) Complaint Systems: 1,166,994 bureaus, companies, and law collected; and (4) ways to minimize the annual hours. enforcement, and the identification of burden of the collection of information multiple suspects) than general on those who are to respond. Consumer Response Center consumer complaints and fraud Estimated annual hours burden: Consumers can submit complaints complaints.2 Moreover, since January 1,167,181 hours (110 + 1,166,994 + 72 about fraud and other practices to the 2016, with the rollout of enhanced + 5). FTC’s Consumer Response Center (CRC) features within the FTC’s Estimated annual labor cost: $25,240 by telephone or through the FTC’s IdentityTheft.gov website, consumers ($14,300 + $0 + $10,440 + $500). website. Telephone complaints and can create a personal recovery plan and Estimated annual non-labor/capital inquiries to the FTC are answered both review various steps to implement it. cost: $0. by FTC staff and contractors. These For those that do, FTC staff estimates, (a) Applications to the Commission, telephone counselors ask for the same based on contractor-provided including applications and notices information that consumers would enter information, that consumers will need supported pursuant to the Commission’s 15 minutes, on average, to complete the Rules of Practice: 110 hours. 1 Figures based on national median salaries, Most applications to the Commission including bonuses and benefits, divided by a 2,080 2 The FTC received a mandate from a presidential hour work year (52 weeks × 40 hours/week), for a executive order entitled ‘‘Improving the security of generally fall within the ‘‘law ‘‘Managing Attorney ($145,’’ ‘‘Attorney II,’’ Consumer Financial Transactions’’ on October 17, enforcement’’ exception to the PRA and ‘‘Attorney III,’’ ‘‘Attorney IV,’’ and Attorney V’’ at 2014 to create a complete service and complaint are mostly found in Part III (Rules of www.salary.com. form for Identity Theft victims.

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complaint form, create an questions chosen from a list prepared by consumer complaints (Web chat)’’ in the IdentityTheft.gov account, and to review staff. The questions are designed to table below. their personalized recovery plan. For elicit information from consumers about those that do not, and based on the overall effectiveness of the call Consumer Sentinel Network Survey contractor-provided information, FTC center and online complaint intake. For The FTC might conduct a brief survey staff estimates that consumers will need the online survey, half of the questions of Consumer Sentinel Network 8.5 minutes, on average, to complete the ask consumers to rate CRC performance satisfaction within the next three years. 3 online complaint form. on a scale or require a yes-or-no It will likely be an online survey with For consumers who call the CRC with response. The second half of the online ten-minute duration. If so, estimated an identity theft complaint, staff survey asks more open-ended questions maximum burden would be 417 hours estimates that it will take 6 minutes per seeking a short answer. In addition, the if every member completed it, given that call to obtain identity theft-related CRC may survey a sample of consumers the maximum possible Sentinel user information. A substantial portion of immediately after they file their base is 2,500 users. identity theft-related calls typically complaints regarding the services they consists of counseling consumers on received. Staff estimates that each What follows is a tabular presentation other steps they should consider taking respondent will require 4.3 minutes to of staff’s estimates of burden for these to obtain relief (which may include answer the questions during the phone various collections of information, directing consumers to a revised online survey and about 3.1 minutes for the including the surveys. The figures for complaint form). The time needed for online survey (approximately 20–30 the online forms and consumer hotlines counseling is excluded from the seconds per question). are an average of annualized volume for estimate. In addition, the FTC currently uses the respective programs, including both ForeSee, Inc. for online customer current and projected volumes over the CRC Surveys satisfaction surveys on 3-year clearance period sought. The Consumer customer satisfaction www.ftccomplaintassistant.gov. It number of respondents for each activity surveys give the agency information randomly selects consumers to take part has been rounded to the nearest about the overall effectiveness and in a brief survey to provide feedback thousand. The vast increase from the timeliness of the CRC. Subsets of about the website. Staff estimates the last estimate, 186,884 hours, to the consumers contacted throughout the brief survey will require 6.5 minutes per current estimate, 1,166,994 hours, year are questioned about specific respondent. This estimate and others reflects strong consumer participation in aspects of CRC customer service. Each relating to ForeSee surveys are included the agency’s complaint collection consumer surveyed is asked several under ‘‘Misc. and fraud-related process.4

Number of Activity Number of minutes/ Total respondents activity hours

Misc. and fraud-related consumer complaints (phone) ...... 973,690 6.1 98,992 Misc. and fraud-related consumer complaints (online) ...... 1,228,635 4.8 98,291 Misc. and fraud-related consumer complaints (web chat) ...... 175,926 6.5 19,058 Do-Not-Call related consumer complaints (phone) ...... 1,795,155 3.0 89,758 Do-Not-Call related consumer complaints (online) ...... 13,800,657 2.5 575,027 Identity theft complaints (phone) ...... 1,183,533 6.0 118,353 Identity theft complaints (online) (those who create a personal recovery plan) ...... 589,209 15.0 147,302 Identity theft complaints (online) (those who complete online form but do not create a per- sonal recovery plan) ...... 112,230 8.5 15,899 CRC Customer Satisfaction Questionnaire(phone) ...... 20,084 4.3 1,439 CRC Customer Satisfaction Questionnaire (online) ...... 47,572 3.1 2,458 Consumer Sentinel Network Survey ...... 2,500 10 417

Totals ...... 19,929,191 ...... 1,166,994

Annual Labor Cost Burden: The cost cases per year that require divestitures within the first year after the divestiture per respondent should be negligible. or other remedies. As a result of a 1999 is completed. Participation is voluntary and will not divestiture study and a more recent BC staff interviews representatives of require any labor expenditures by 2015 remedy study authorized by OMB the buyers to ask whether all assets respondents. There are no capital, start- and conducted by the staffs of the required to be divested were, in fact, up, operation, maintenance, or other Bureau of Competition (BC) and the divested; whether the buyer has used similar costs to the respondents. Bureau of Economics, as well as ongoing the divested assets to enter the market (c) Program Evaluations: 77 hours. experience, BC monitors these required of concern to the Commission and, if so, Review of Divestiture Orders—72 remedies by interviewing the extent to which the buyer is hours. representatives of the Commission- participating in the market; whether the The Commission issues, on average, approved buyers of the divested assets divestiture met the buyer’s expectations; approximately 15–17 orders in merger or other affected market participants and whether the buyer believes the

3 According to system-generated results, 84% of 4 The population estimates generally present several possible factors: (1) A sharp rise in Do-Not- complainants using IdentityTheft.gov opt to create marked increases from prior submissions for OMB Call violations (by extension, an associated increase a personalized recovery plan. By extension, 16% do clearance regarding information collected through in consumer complaints); (2) increased media not. These apportionments inform the associated these activities. While the FTC cannot definitively coverage regarding the Do-Not-Call and identity population figures that appear in the table below explain such pronounced increase in consumer theft portals; and (3) expanded FTC outreach regarding identity theft complaints online. visits to the FTC complaint site, the following are regarding its ftccomplaintassistant.gov website.

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divestiture has been successful. In a few approximately 20 letters to such Commission website, at http:// cases, BC staff may also interview decision makers annually regarding the www.ftc.gov/os/publiccomments.shtm. monitors, if appropriate. In cases in likely effects of various bills and As a matter of discretion, the which a remedy other than a divestiture regulations. Commission tries to remove individuals’ is required, staff will interview market In the past, the Office of Policy home contact information from participants such as competitors or Planning (‘‘OPP’’) has evaluated the comments before placing them on the customers to monitor the effectiveness effectiveness of these advocacy Commission website. of the remedy. In all these interviews, comments by surveying comment Postal mail addressed to the staff seeks to learn about pricing and recipients and other relevant decision Commission is subject to delay due to other basic facts regarding competition makers. OPP intends to continue this heightened security screening. As a in the markets of concern to the FTC. evaluation by sending a paper or result, we encourage you to submit your Participation by the buyers or other electronic questionnaire to relevant comments online, or to send them to the market participants is voluntary. Each parties within a year after sending an Commission by courier or overnight responding company designates the advocacy. service. To make sure that the company representative most likely to Most survey questions ask the Commission considers your online have the necessary information; respondent to agree or disagree with a comment, you must file it at https:// typically, a company executive and an statement concerning the advocacy ftcpublic.commentworks.com/ftc/ attorney represent the company. Each comment that they received. adminactivitiespra by following the interview takes less than one hour to Specifically, these questions ask about instructions on the web-based form. complete. BC staff further estimates that the consideration, content, influence, When this Notice appears at http:// it takes each participant no more than and public effect of our comments. The www.regulations.gov/#!home, you also one hour to prepare for the interview. questionnaire also provides respondents may file a comment through that Staff conservatively estimates that, for with an opportunity to provide website. each interview of the responding additional remarks regarding the If you file your comment on paper, company, two individuals (a company comments they received, advocacy write ‘‘Paperwork Reduction Act: FTC executive and an attorney) will devote comments in general, and the outcome File No. P072108’’ on your comment two hours (one hour preparing and one of the matter. These survey results are and on the envelope, and mail it to the hour participating) each to responding also included in the FTC’s internal following address: Federal Trade to questions for a total of four hours. performance management indicators, Commission, Office of the Secretary, Interviews of monitors typically involve and are used to guide the FTC’s 600 Pennsylvania Avenue NW, Suite only the monitor and take selection and prioritization of future CC–5610 (Annex J), Washington, DC approximately one hour to complete competition advocacy opportunities. 20580, or deliver your comment to the with no more than one hour to prepare OPP staff estimates that, on average, following address: Federal Trade for the interview. Assuming that staff respondents will each require 15 Commission, Office of the Secretary, evaluates approximately 17 divestitures minutes or less to complete the Constitution Center, 400 7th Street SW, per year during the three-year clearance questionnaire. Thus, staff estimates a 5th Floor, Suite 5610 (Annex J), period, the total hours burden for the cumulative total of 5 burden hours per Washington, DC 20024. If possible, responding companies will be year (15 minutes of burden per submit your paper comment to the approximately 68 hours per year (17 respondent × 20 respondents per year). Commission by courier or overnight divestiture reviews × 4 hours for OPP staff does not intend to conduct service. preparing and participating). Staff may any follow-up activities that would Because your comment will be placed include approximately 2 monitor involve the respondents’ participation. on the publicly accessible FTC website interviews a year, which would add at Annual Labor Cost Burden: OPP staff at https://www.ftc.gov/, you are solely most 4 hours (2 interviews × 2 hours for estimates a conservative hourly labor responsible for making sure that your preparing and participating). cost of $100 for the time of the survey comment does not include any sensitive Annual Labor Cost Burden: Using the participants (primarily state or confidential information. In burden hours estimated above, staff representatives and senators). Thus, particular, your comment should not estimates that the total annual labor staff estimates a total labor cost of $25 include any sensitive personal cost, based on a conservative estimated for each response (15 minutes of burden information, such as your or anyone average of $145/hour for executives’ and at $100 per hour). Assuming 20 else’s Social Security number; date of attorneys’ wages, would be respondents will complete the birth; driver’s license number or other approximately $10,440 (72 hours × questionnaire on an annual basis, staff state identification number, or foreign $145).5 There are no capital, start-up, estimates cumulative yearly labor costs country equivalent; passport number; operation, maintenance, or other similar will approximate $500. There are no financial account number; or credit or costs to respondents. capital, start-up, operation, debit card number. You are also solely Review of Competition Advocacy maintenance, or other similar costs to responsible for making sure that your Program—5 hours. respondents. comment does not include any sensitive health information, such as medical The FTC’s competition advocacy Request for Comments program draws on the Commission’s records or other individually expertise in competition and consumer You can file a comment online or on identifiable health information. In protection matters to encourage state paper. For the FTC to consider your addition, your comment should not and federal legislators, agencies and comment, we must receive it on or include any ‘‘trade secret or any regulatory officials, and courts to before March 23, 2018. Write commercial or financial information consider the effects of their decisions on ‘‘Paperwork Reduction Act: FTC File which . . . is privileged or competition and consumer welfare. The No. P072108’’ on your comment. Your confidential’’—as provided by Section Commission and staff send comment—including your name and 6(f) of the FTC Act, 15 U.S.C. 46(f), and your state—will be placed on the public FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— 5 See supra note 1 (attorney salary source data for record of this proceeding, including, to including in particular competitively ‘‘Managing Attorney’’). the extent practicable, on the public sensitive information such as costs,

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sales statistics, inventories, formulas, Rules). The clearance expires on April (2) the accuracy of the agency’s estimate patterns, devices, manufacturing 30, 2018. of the burden of the proposed collection processes, or customer names. DATES: Comments must be received on of information, including the validity of Comments containing material for or before March 23, 2018. the methodology and assumptions used; which confidential treatment is ADDRESSES: Interested parties may file a (3) ways to enhance the quality, utility, requested must be filed in paper form, comment online or on paper by and clarity of the information to be must be clearly labeled ‘‘Confidential,’’ following the instructions in the collected; and (4) ways to minimize the and must comply with FTC Rule 4.9(c). Request for Comments part of the burden of the collection of information In particular, the written request for SUPPLEMENTARY INFORMATION section on those who are to respond. All confidential treatment that accompanies below. Write ‘‘Textile Rules: FTC File comments must be received on or before the comment must include the factual No. P072108’’ on your comment, and March 23, 2018. and legal basis for the request, and must file your comment online at https:// Burden Estimates identify the specific portions of the ftcpublic.commentworks.com/ftc/ Staff’s burden estimates are based on comment to be withheld from the public textilerulespra1 by following the record. See FTC Rule 4.9(c). Your data from the Department of instructions on the web-based form. If Commerce’s Bureau of the Census, the comment will be kept confidential only you prefer to file your comment on if the General Counsel grants your International Trade Commission, the paper, mail or deliver your comment to Department of Labor’s Bureau of Labor request in accordance with the law and the following address: Federal Trade the public interest. Once your comment Statistics (BLS), and data or other input Commission, Office of the Secretary, from the main industry association, the has been posted on the public FTC 600 Pennsylvania Avenue NW, Suite website—as legally required by FTC American Apparel and Footwear CC–5610 (Annex J), Washington, DC Association (AAFA), and from Rule 4.9(b)—we cannot redact or 20580, or deliver your comment to the remove your comment from the FTC SICCode.com, which specializes in the following address: Federal Trade business classification of SIC (Standard website, unless you submit a Commission, Office of the Secretary, Industrial Classification) and NAICS confidentiality request that meets the Constitution Center, 400 7th Street SW, (North American Industry Classification requirements for such treatment under 5th Floor, Suite 5610 (Annex J), System) codes for business FTC Rule 4.9(c), and the General Washington, DC 20024. identification, verification, and Counsel grants that request. FOR FURTHER INFORMATION CONTACT: targeting. The AAFA, a national trade The FTC Act and other laws that the Requests for copies of the collection of association which represents U.S. Commission administers permit the information and supporting apparel, footwear and other sewn collection of public comments to documentation should be addressed to products companies and their suppliers, consider and use in this proceeding as Jock K. Chung, Attorney, Division of has stated that ‘‘[t]he use of labels on appropriate. The Commission will Enforcement, Bureau of Consumer textiles and apparels is beneficial to consider all timely and responsive Protection, Federal Trade Commission, consumers, manufacturers, and business public comments that it receives on or Mail Code CC–9528, 600 Pennsylvania in general as it allows for the necessary before March 23, 2018. For information Ave. NW, Washington, DC 20580, (202) flow of information along the supply on the Commission’s privacy policy, 326–2984. chain.’’ 1 The relevant information including routine uses permitted by the SUPPLEMENTARY INFORMATION: collection requirements in these rules Privacy Act, see https://www.ftc.gov/ and staff’s corresponding burden site-information/privacy-policy. Proposed Information Collection Activities estimates follow. The estimates address David C. Shonka, the number of hours needed and the Acting General Counsel. Under the Paperwork Reduction Act labor costs incurred to comply with the (PRA), 44 U.S.C. 3501–3520, federal requirements. Staff believes that a [FR Doc. 2018–00972 Filed 1–19–18; 8:45 am] agencies must get OMB approval for BILLING CODE 6750–01–P significant portion of hours and labor each collection of information they costs currently attributable to burden conduct, sponsor, or require. below are time and financial resources FEDERAL TRADE COMMISSION ‘‘Collection of information’’ means usually and customarily incurred by agency requests or requirements to persons in the course of their regular Agency Information Collection submit reports, keep records, or provide activity (e.g., industry participants Activities; Proposed Collection; information to a third party. 44 U.S.C. already have and/or would have fiber Comment Request 3502(3); 5 CFR 1320.3(c). As required by content labels regardless of the rule(s)) section 3506(c)(2)(A) of the PRA, the and could be excluded from PRA- AGENCY: Federal Trade Commission FTC is providing this opportunity for related burden.2 (FTC or Commission). public comment before requesting that The Textile Fiber Products ACTION: Notice. OMB extend the existing PRA clearance Identification Act (‘‘Textile Act’’) 3 for the information collection prohibits the misbranding and false SUMMARY: The information collection requirements associated with the advertising of textile fiber products. The requirements described below will be Commission’s rules and regulations Textile Rules establish disclosure submitted to the Office of Management under the Textile Fiber Products requirements that assist consumers in and Budget (OMB) for review, as Identification Act (Textile Rules), 16 making informed purchasing decisions, required by the Paperwork Reduction CFR part 303 (OMB Control Number Act (PRA). The FTC seeks public 3084–0101). 1 Page one from comment by Kevin M. Burke, comments on its proposal to extend for The FTC invites comments on: (1) President and CEO, American Apparel & Footwear three years the current PRA clearances Whether the proposed collection of Association, March 26, 2012, Advance Notice of Proposed Rulemaking; Request for Public Comment; for information collection requirements information is necessary for the proper Rules and Regulations under the Wool Products contained in the Commission’s rules performance of the functions of the Labeling Act of 1939; 77 FR 4498 (Jan. 30, 2012). and regulations under the Textile Fiber agency, including whether the 2 5 CFR 1320.3(b)(2). Products Identification Act (Textile information will have practical utility; 3 15 U.S.C. 70 et seq.

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and recordkeeping requirements that about 20.8 billion textile fiber products Thus, the total estimated annual assist the Commission in enforcing the annually, are subject to the Textile disclosure burden for all firms is Rules. The Rules also contain a petition Rules’ disclosure requirements.4 Staff 36,224,547 hours (698,360 hours to procedure for requesting the estimates the burden of determining determine label content + 859,520 hours establishment of generic names for label content to be 65 hours per year per to draft and order labels + 34,666,667 textile fibers. firm, or a total of 698,360 hours and the hours to attach labels).6 Staff believes Estimated annual hours burden: burden of drafting and ordering labels to that any additional burden associated 37,007,147 hours (782,600 be 80 hours per firm per year, or a total with advertising disclosure recordkeeping hours + 36,224,547 of 859,520 hours.5 Staff believes that the requirements or the filing of generic disclosure hours). Recordkeeping: Staff estimates that process of attaching labels is now fully fiber name petitions would be minimal approximately 12,040 textile firms are automated and integrated into other (less than 10,000 hours) and can be subject to the Textile Rules’ production steps for about 40 percent of subsumed within the burden estimates recordkeeping requirements. Based on all affected products. For the remaining set forth above. an average burden of 65 hours per firm, 12.48 billion items (60 percent of 20.8 Estimated annual cost burden: the total recordkeeping burden is billion), the process is semi-automated $239,778,909 (solely relating to labor 782,600 hours. and requires an average of costs). The chart below summarizes the Disclosure: Approximately 10,744 approximately ten seconds per item, for total estimated costs. textile firms, producing or importing a total of 34,666,667 hours per year.

Task Hourly rate Burden hours Labor cost

Determine label content ...... $28.00 698,360 $19,554,080 Draft and order labels ...... 18.00 859,520 15,471,360 Attach labels ...... 7 5.50 34,666,667 190,666,669 Recordkeeping ...... 18.00 782,600 14,086,800

Total ...... 239,778,909

Staff believes that there are no current or other non-labor costs as a result of the that the Commission considers your start-up costs or other capital costs Rules. online comment, you must file it at associated with the Textile Rules. https://ftcpublic.commentworks.com/ Request for Comments Because the labeling of textile products ftc/textilerulespra1 by following the has been an integral part of the You can file a comment online or on instructions on the web based form. If manufacturing process for decades, paper. March 23, 2018. Write ‘‘Textile this Notice appears at https:// manufacturers have in place the capital Rules: FTC File No. P072108’’ on your www.regulations.gov, you also may file equipment necessary to comply with the comment. Your comment—including a comment through that website. Rules’ labeling requirements. Industry your name and your state—will be If you file your comment on paper, sources indicate that much of the placed on the public record of this write ‘‘Textile Rules: FTC File No. information required by the Textile Act proceeding, including, to the extent P072108’’ on your comment and on the and Rules would be included on the practicable, on the public Commission envelope, and mail your comment to the product label even absent their website, at https://www.ftc.gov/policy/ following address: Federal Trade requirements. Similarly, recordkeeping, public-comments. Postal mail addressed Commission, Office of the Secretary, invoicing, and advertising disclosures to the Commission is subject to delay 600 Pennsylvania Avenue NW, Suite are tasks performed in the ordinary due to heightened security screening. As CC–5610 (Annex C), Washington, DC course of business; therefore, covered a result, we encourage you to submit 20580, or deliver your comment to the firms would incur no additional capital your comments online. To make sure following address: Federal Trade

4 The estimated consumption of garments in the flexibility in marketing wool products (e.g., 7 For imported products, the labels generally are U.S. in 2012 was 19.4 billion. However, staff allowing the use of certain hang-tags that do not attached in the country where the products are estimates that 1 billion garments are exempt from disclose a product’s full fiber content). The manufactured. According to information compiled the Textile Act (i.e., any kind of headwear and Commission sought comment on the increased by an industry trade association using data from the garments made from something other than a textile burden, if any, imposed by these changes but did U.S. Department of Commerce, International Trade fiber product, such as leather) or are subject to a not receive any comments asserting that the Administration and the U.S. Census Bureau, special exemption for hosiery products sold in amendments would increase compliance costs. See approximately 97.5% of apparel used in the United packages where the label information is contained 79 FR 32157 (June 4, 2014). States is imported. With the remaining 2.5% on the package. Based on available data, staff 6 The Commission revised the Textile Rules in attributable to U.S. production at an approximate estimates that an additional 3 billion household textile products (non-garments, such as sheets, 2006 in response to amendments to the Textile Act. domestic hourly wage of $11 to attach labels, staff towels, blankets) were consumed. However, See 70 FR 73369 (Dec. 12, 2005). These has calculated a weighted average hourly wage of approximately 0.6 billion of all of these garments amendments concerned the placement of labels on $5.50 per hour attributable to U.S. and foreign labor and household products are subject to the Wool packages of certain types of socks and, therefore, do combined. The estimated percentage of imports Act, not the Textile Act, because they contain some not place any additional disclosure burden on supplied by particular countries is based on trade amount of wool. Thus, the estimated net total covered entities. In 2014, the Commission revised data for the year ending in September 2014 products subject to the Textile Act is 20.8 billion the Textile Rules to clarify and streamline certain compiled by the Office of Textiles and Apparel, (19.4¥1 + 3 = 21.4¥0.6 = 20.8 billion). provisions and to allow more flexibility in International Trade Administration. Wages in major 5 In 2007, Congress amended the Wool Act to marketing textile products (e.g., allowing the use of textile exporting countries, factored into the above explicitly define ‘‘cashmere’’ and certain terms used certain hang-tags that do not disclose the product’s hourly wage estimate, were based on 2012 data to describe superfine wool (e.g., ‘‘Super 80s,’’ full fiber content). The Commission sought from the U.S. Department of Labor, Bureau of Labor ‘‘Super 90s,’’ etc.). See Public Law 109–428. In comment on the increased burden, if any, imposed Statistics. See Table 1.1 Indexes of hourly 2014, the Commission revised the Wool Rules to by these changes but did not receive any comments compensation costs in manufacturing, U.S. dollar incorporate these amendments as well as to clarify asserting that the amendments would increase basis, 1996–2012 (Index, U.S. = 100) available at: and streamline certain provisions and to allow more compliance costs. See 79 FR 18766 (Apr. 4, 2014). http://www.bls.gov/fls/#compensation.

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Commission, Office of the Secretary, appropriate. The Commission will Knee Replacement Constitution Center, 400 7th Street SW, consider all timely and responsive Irreversible Electroporation (IRE) 5th Floor, Suite 5610, Washington, DC public comments that it receives on or Endovascular Cardiac Implant 20024. If possible, submit your paper before March 23, 2018. You can find Combined Thoracic Arch Replacement comment to the Commission by courier more information, including routine and Thoracic Aorta Restriction or overnight service. uses permitted by the Privacy Act, in Spinal Fusion with Radiolucent Because your comment will be placed the Commission’s privacy policy, at Hydroxyapatite on the publicly accessible FTC website https://www.ftc.gov/site-information/ Interbody Fusion Device at https://www.ftc.gov, you are solely privacy-policy. Endovascular Intracranialy responsible for making sure that your Thrombectomy David C. Shonka, comment does not include any sensitive Cell Suspension Autografting or confidential information. In Acting General Counsel. Trigard Cerebral Embolic Protection particular, your comment should not [FR Doc. 2018–00980 Filed 1–19–18; 8:45 am] Endobronchial Coils include any sensitive personal BILLING CODE 6750–01–P Addenda and Key Updates information, such as your or anyone ICD–10–CM Topics: else’s Social Security number; date of Cyclic Vomiting birth; driver’s license number or other DEPARTMENT OF HEALTH AND Electronic Nicotine Delivery System state identification number, or foreign HUMAN SERVICES (ENDS) country equivalent; passport number; Exertional Heat Stroke financial account number; or credit or Centers for Disease Control and Intracranial Hypotension debit card number. You are also solely Prevention ICD–10–CM Addendum responsible for making sure that your comment does not include any sensitive National Center for Health Statistics Agenda items are subject to change as health information, such as medical (NCHS), ICD–10 Coordination and priorities dictate. records or other individually Maintenance (C&M) Committee Security Considerations: Due to identifiable health information. In Meeting increased security requirements CMS has instituted stringent procedures for addition, your comment should not AGENCY: Centers for Disease Control and include any ‘‘trade secret or any entrance into the building by non- Prevention (CDC), Department of Health government employees. Attendees will commercial or financial information and Human Services (HHS). which . . . is privileged or need to present valid government-issued ACTION: Notice of meeting. confidential’’—as provided by Section picture identification, and sign-in at the 6(f) of the FTC Act, 15 U.S.C. 46(f), and SUMMARY: The CDC, National Center for security desk upon entering the FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— Health Statistics (NCHS), Classifications building. including in particular competitively and Public Health Data Standards Staff, Attendees who wish to attend the sensitive information such as costs, announces the following meeting of the March 6–7, 2018, ICD–10–CM C&M sales statistics, inventories, formulas, ICD–10 Coordination and Maintenance meeting must submit their name and patterns, devices, manufacturing (C&M) Committee meeting. This organization by March 1, 2018, for processes, or customer names. meeting is open to the public, limited inclusion on the visitor list. This visitor Comments containing material for only by the space available. The meeting list will be maintained at the front desk which confidential treatment is room accommodates approximately 240 of the CMS building and used by the requested must be filed in paper form, people. The meeting will be broadcast guards to admit visitors to the meeting. must be clearly labeled ‘‘Confidential,’’ live via Webcast at http://www.cms.gov/ Participants who attended previous and must comply with FTC Rule 4.9(c). live/. Coordination and Maintenance meetings In particular, the written request for will no longer be automatically added to DATES: The meeting will be held on confidential treatment that accompanies the visitor list. You must request March 6, 2018, 9:00 a.m. to 5:00 p.m. the comment must include the factual inclusion of your name prior to each EST and March 7, 2018x, 9:00 a.m. to and legal basis for the request, and must meeting you wish attend. 5:00 p.m. EST. identify the specific portions of the Please register to attend the meeting comment to be withheld from the public ADDRESSES: Centers for Medicare and on-line at: http://www.cms.hhs.gov/ record. See FTC Rule 4.9(c). Your Medicaid Services (CMS) Auditorium, apps/events/. comment will be kept confidential only 7500 Security Boulevard, Baltimore, Please contact Mady Hue (410–786– if the General Counsel grants your Maryland 21244. 4510) or [email protected] for request in accordance with the law and FOR FURTHER INFORMATION CONTACT: questions about the registration process. the public interest. Once your comment Traci Ramirez, Program Specialist, CDC, 3311 Toledo Rd., Hyattsville, MD 20782; Note: CMS and NCHS no longer provide has been posted on the public FTC paper copies of handouts for the meeting. website—as legally required by FTC telephone (301) 458–4454; Email Electronic copies of all meeting materials Rule 4.9(b)—we cannot redact or address [email protected]. will be posted on the CMS and NCHS remove your comment from the FTC SUPPLEMENTARY INFORMATION: websites prior to the meeting at http:// website, unless you submit a Purpose: The ICD–10 Coordination www.cms.hhs.gov/ confidentiality request that meets the and Maintenance (C&M) Committee is a ICD9ProviderDiagnosticCodes/03_ public forum for the presentation of meetings.asp#TopOfPage and https:// requirements for such treatment under _ FTC Rule 4.9(c), and the General proposed modifications to the www.cdc.gov/nchs/icd/icd10cm maintenance.htm. Counsel grants that request. International Classification of Diseases, Visit the Commission website at Tenth Revision, Clinical Modification The Director, Management Analysis https://www.ftc.gov to read this Notice. and ICD–10 Procedure Coding System. and Services Office, has been delegated The FTC Act and other laws that the Matters to be Considered: The agenda the authority to sign Federal Register Commission administers permit the will include discussions on ICD–10–PCS notices pertaining to announcements of collection of public comments to Topics: meetings and other committee consider and use in this proceeding as Blalock-Taussig Shunt Occlusion management activities, for both the

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Centers for Disease Control and from those unable to attend the public May 12, 2017, and will expire on May Prevention, and the Agency for Toxic session. 12, 2019. Substances and Disease Registry. ADDRESSES: Jacob J. Javits Federal Policy on Redaction of Committee Elaine L. Baker, Building, 26 Federal Plaza, New York, Meeting Transcripts (Public Comment): Director, Management Analysis and Services New York 10278. Transcripts will be prepared and posted Office, Centers for Disease Control and FOR FURTHER INFORMATION CONTACT: Paul to http://www.regulations.gov within 60 Prevention. J. Middendorf, Ph.D., Designated days after the meeting. If a person [FR Doc. 2018–00967 Filed 1–19–18; 8:45 am] Federal Officer, NIOSH, CDC, 2400 making a comment gives his or her BILLING CODE 4160–18–P Century Parkway NE, Mail Stop E–20, name, no attempt will be made to redact Atlanta, Georgia 30345, telephone that name. NIOSH will take reasonable 1 (888) 982–4748; email: wtc-stac@ steps to ensure that individuals making DEPARTMENT OF HEALTH AND cdc.gov. public comments are aware of the fact HUMAN SERVICES SUPPLEMENTARY INFORMATION: that their comments (including their Centers for Disease Control and Background: The Advisory Committee name, if provided) will appear in a Prevention was established by Title I of the James transcript of the meeting posted on a Zadroga 9/11 Health and Compensation public website. Such reasonable steps [Docket Number: CDC–2018–0002; NIOSH Act of 2010, Public Law 111–347 include a statement read at the start of 248–G] (January 2, 2011), amended by Public the meeting stating that transcripts will World Trade Center Health Program Law 114–113 (Dec. 18, 2015), adding be posted and names of speakers will Scientific/Technical Advisory Title XXXIII to the Public Health not be redacted. If individuals in Committee (WTCHP STAC) Service Act (codified at 42 U.S.C. making a statement reveal personal 300mm to 300mm–61). information (e.g., medical information) AGENCY: Centers for Disease Control and Purpose: The purpose of the Advisory about themselves, that information will Prevention (CDC), Department of Health Committee is to review scientific and not usually be redacted. The CDC and Human Services (HHS). medical evidence and to make Freedom of Information Act coordinator ACTION: Notice of meeting. recommendations to the World Trade will, however, review such revelations Center (WTC) Program Administrator in accordance with the Freedom of SUMMARY: In accordance with the regarding additional WTC Health Information Act and, if deemed Federal Advisory Committee Act, the Program eligibility criteria, potential appropriate, will redact such CDC National Institute for Occupational additions to the list of covered WTC- information. Disclosures of information Safety and Health (NIOSH), announces related health conditions, and research concerning third party medical the following meeting for the World regarding certain health conditions information will be redacted. Trade Center Health Program Scientific/ related to the September 11, 2001 Technical Advisory Committee (WTCHP terrorist attacks. Matters To Be Considered: The agenda STAC). This meeting is open to the Title XXXIII of the PHS Act will include discussions on public, limited only by the number of established the WTC Health Program recommendations regarding the telephone lines. The room will within the Department of Health and identification of individuals to conduct accommodate approximately 100 Human Services (HHS). The WTC independent peer reviews of the persons. The public is also welcome to Health Program provides medical evidence that would be the basis for listen to the meeting by dial-in number monitoring and treatment benefits to issuing final rules to add a health 1 (888) 982–4611, the passcode eligible firefighters and related condition to the List of WTC-Related 3778171, and will accommodate up to personnel, law enforcement officers, Health Conditions, and World Trade 50 callers. To view the web conference, and rescue, recovery, and cleanup Center Health-Related Research. Agenda enter the following web address in your workers who responded to the items are subject to change as priorities web browser: https:// September 11, 2001, terrorist attacks in dictate. odniosh.adobeconnect.com/ New York City, at the Pentagon, and in The Director, Management Analysis wtchpstac18-1/. Shanksville, Pennsylvania (responders), and Services Office, has been delegated DATES: The meeting will be held on and to eligible persons who were the authority to sign Federal Register March 1, 2018, 9:00 a.m. to 4:00 p.m., present in the dust or dust cloud on notices pertaining to announcements of EST. Public comment time will be from September 11, 2001 or who worked, 9:15 a.m. to 9:30 a.m., EST. resided, or attended school, childcare, meetings and other committee Please note that the public comment or adult daycare in the New York City management activities, for both the period ends at the time indicated above disaster area (survivors). Certain specific Centers for Disease Control and or following the last call for comments, activities of the WTC Program Prevention and the Agency for Toxic whichever is earlier. Members of the Administrator are reserved to the Substances and Disease Registry. public who want to comment must sign Secretary, HHS, to delegate at her Elaine L. Baker, up by providing their name to Mia discretion; other WTC Program Director, Management Analysis and Services Wallace, Committee Management Administrator duties not explicitly Office, Centers for Disease Control and Specialist, by phone: (404) 498–2553, reserved to the Secretary, HHS, are Prevention. email: [email protected], or the assigned to the Director, NIOSH. The [FR Doc. 2018–00968 Filed 1–19–18; 8:45 am] addresses provided below by February administration of the Advisory 16, 2018. Each commenter will be Committee is left to the Director of BILLING CODE 4163–19–P provided up to five minutes for NIOSH in his role as WTC Program comment. A limited number of time Administrator. CDC and NIOSH provide slots are available and will be assigned funding, staffing, and administrative on a first come—first served basis. support services for the Advisory Written comments will also be accepted Committee. The charter was reissued on

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DEPARTMENT OF HEALTH AND For additional information, please influence TANF clients’ experiences, HUMAN SERVICES email [email protected], service delivery, and frontline workers. Attn: OPRE Reports Clearance Officer. The information collection activities Administration for Children and to be submitted in the package include: Mary Jones, Families (1) Leadership and supervisor ACF/OPRE Certifying Officer. interviews will collect information on [OMB No.: 0970–0440] [FR Doc. 2018–00902 Filed 1–19–18; 8:45 am] program structure and staffing, client BILLING CODE 4184–09–P experiences, agency goals and Proposed Information Collection performance management, Activity; Comment Request; Job organizational learning and innovation, Search Assistance (JSA) Strategies DEPARTMENT OF HEALTH AND cultural congruence across service Evaluation—Extension; Withdrawal HUMAN SERVICES providers, and the perception of the Administration for Children and organizational culture change, if ACTION: Notice; withdrawal. Families applicable. (2) Frontline workers’ interviews will SUMMARY: On January 16, 2018 the Proposed Information Collection collect information about frontline Administration for Children and Activity; Comment Request staffs’ role in service delivery, client Families (ACF) published a Federal experiences, peer interaction and social Register Notice for a Proposed Title: TANF Office Culture Study. institutions within the agency, agency Information Collection Activity; OMB No.: New Collection. goals, organizational learning and Comment Request; Job Search Description: The Administration for innovation, and the perception of the Assistance (JSA) Strategies Evaluation- Children and Families (ACF), U.S. organizational culture change initiative, Extension (OMB 0970–0440). The Department of Health and Human if applicable. Notice incorrectly allowed for a 60-day Services (HHS) is proposing data (3) The focus groups will collect comment period instead of a 30-day collection activities as part of a project information about program participants’ comment period and had an incorrect to identify and describe exemplars of perceptions of agency processes, their location for where comments should be TANF organizational culture as well as communication with agency staff, and sent. ACF is withdrawing this notice successful strategies human services their assessment of the agency’s from the Federal Register and will offices have undertaken to improve their organizational culture. publish a corrected document. organizational culture. This qualitative Respondents: Individuals receiving DATES: The notice published January 16, study intends to use this information to TANF and related services, TANF 2018 at 83 FR 2162 is withdrawn as of increase understanding of how various directors, and managers and staff at January 22, 2018. agencies’ organizational cultures local TANF offices.

ANNUAL BURDEN ESTIMATES

Total Annual Number of Average Instrument number of number of responses per burden hours Annual respondents respondents respondent per response burden hours

Leadership and Supervisor Interview Guide ...... 24 8 1 1.5 12 Frontline Staff Interview Guide ...... 12 4 1 1 4 Focus Group Guide ...... 54 18 1 1.5 27

Estimated Total Annual Burden for the proper performance of the DEPARTMENT OF HEALTH AND Hours: 43. functions of the agency, including HUMAN SERVICES In compliance with the requirements whether the information shall have of Section 3506(c)(2)(A) of the practical utility; (b) the accuracy of the Administration for Children and Paperwork Reduction Act of 1995, the agency’s estimate of the burden of the Families Administration for Children and proposed collection of information; (c) Families is soliciting public comment Proposed Information Collection the quality, utility, and clarity of the Activity; Comment Request on the specific aspects of the information to be collected; and (d) information collection described above. ways to minimize the burden of the Title: Childhood & Family Copies of the proposed collection of collection of information on Experiences Study. information can be obtained and respondents, including through the use OMB No.: New Collection. comments may be forwarded by writing of automated collection techniques or Description: The Administration for to the Administration for Children and other forms of information technology. Children and Families (ACF), U.S. Families, Office of Planning, Research, Consideration will be given to Department of Health and Human and Evaluation, 330 C Street SW, Services (HHS) is proposing data comments and suggestions submitted Washington, DC 20201, Attn: OPRE collection activities as part of a project within 60 days of this publication. Reports Clearance Officer. Email to understand how public programs can address: OPREinfocollection@ Mary Jones, better serve low-income families. The acf.hhs.gov. All requests should be ACF/OPRE Certifying Officer. Childhood & Family Experiences study identified by the title of the information [FR Doc. 2018–00990 Filed 1–19–18; 8:45 am] will examine the perspectives and lived collection. experiences of children and families The Department specifically requests BILLING CODE 4184–09–P living in poverty. This qualitative study comments on (a) whether the proposed intends to use this information to collection of information is necessary increase understanding of the lives of

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children in poverty and their families in (2) Adolescent interviews will collect them, and how they feel about these order to improve how human services information about adolescents’ circumstances, including public programs can help families achieve self- understanding of their family’s benefits, if applicable. sufficiency. economic circumstances, how they (4) A phone screener will be used The information collection activities communicate with their parents about with prospective families to assess their them, and how they feel about these to be submitted in the package include: eligibility for the study and, for those circumstances, including public who are eligible, provide them with (1) Adult interviews will collect benefits, if applicable. information about household income (3) Child interviews will collect additional materials about the study, and finances, conversations parents information about children’s including any risks, to assess their have with their children about finances, understanding of their family’s interest in participating. and their experiences, if applicable, economic circumstances, how they Respondents: Children and their receiving public benefits. communicate with their parents about parents who are living in poverty.

ANNUAL BURDEN ESTIMATES

Total Annual Number of Average Instrument number of number of responses per burden hours Annual respondents respondents respondent per response burden hours

Adult Interview Guide ...... 45 15 1 1.5 23 Adolescent Interview Guide ...... 20 7 1 .875 6 Child Interview Guide ...... 30 10 1 .50 5 Phone Screener for Prospective Families ...... 120 40 1 .50 20

Estimated Total Annual Burden comments and suggestions submitted petition FDA for a determination Hours: 54. within 60 days of this publication. regarding whether the applicant for extension acted with due diligence In compliance with the requirements Mary Jones, during the regulatory review period by of Section 3506(c)(2)(A) of the ACF/OPRE Certifying Officer. Paperwork Reduction Act of 1995, the July 23, 2018 See ‘‘Petitions’’ in the [FR Doc. 2018–00993 Filed 1–19–18; 8:45 am] SUPPLEMENTARY INFORMATION section for Administration for Children and BILLING CODE 4184–09–P more information. Families is soliciting public comment on the specific aspects of the ADDRESSES: You may submit comments information collection described above. DEPARTMENT OF HEALTH AND as follows. Please note that late, Copies of the proposed collection of HUMAN SERVICES untimely filed comments will not be information can be obtained and considered. Electronic comments must be submitted on or before March 23, comments may be forwarded by writing Food and Drug Administration 2018. The https://www.regulations.gov to the Administration for Children and [Docket No. FDA–2016–E–2520] electronic filing system will accept Families, Office of Planning, Research, comments until midnight Eastern Time and Evaluation, 330 C Street SW, Determination of Regulatory Review Period for Purposes of Patent at the end of March 23, 2018. Comments Washington, DC 20201, Attn: OPRE received by mail/hand delivery/courier Reports Clearance Officer. Email Extension; PERCEVAL SUTURELESS HEART VALVE (for written/paper submissions) will be address: OPREinfocollection@ considered timely if they are acf.hhs.gov. All requests should be AGENCY: Food and Drug Administration, postmarked or the delivery service identified by the title of the information HHS. acceptance receipt is on or before that collection. ACTION: Notice. date. The Department specifically requests Electronic Submissions comments on (a) whether the proposed SUMMARY: The Food and Drug collection of information is necessary Administration (FDA or the Agency) has Submit electronic comments in the for the proper performance of the determined the regulatory review period following way: for PERCEVAL SUTURELESS HEART • functions of the agency, including Federal eRulemaking Portal: VALVE and is publishing this notice of whether the information shall have https://www.regulations.gov. Follow the that determination as required by law. practical utility; (b) the accuracy of the instructions for submitting comments. FDA has made the determination agency’s estimate of the burden of the Comments submitted electronically, because of the submission of an including attachments, to https:// proposed collection of information; (c) application to the Director of the U.S. www.regulations.gov will be posted to the quality, utility, and clarity of the Patent and Trademark Office (USPTO), the docket unchanged. Because your information to be collected; and (d) Department of Commerce, for the comment will be made public, you are ways to minimize the burden of the extension of a patent which claims that solely responsible for ensuring that your collection of information on medical device. comment does not include any respondents, including through the use DATES: Anyone with knowledge that any confidential information that you or a of automated collection techniques or of the dates as published (see the third party may not wish to be posted, other forms of information technology. SUPPLEMENTARY INFORMATION section) are such as medical information, your or Consideration will be given to incorrect may submit either electronic anyone else’s Social Security number, or or written comments and ask for a confidential business information, such redetermination by March 23, 2018. as a manufacturing process. Please note Furthermore, any interested person may that if you include your name, contact

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information, or other information that as ‘‘confidential’’ will not be disclosed FDA has approved for marketing the identifies you in the body of your except in accordance with § 10.20 (21 medical device PERCEVAL comments, that information will be CFR 10.20) and other applicable SUTURELESS HEART VALVE. posted on https://www.regulations.gov. disclosure law. For more information PERCEVAL SUTURELESS HEART • If you want to submit a comment about FDA’s posting of comments to VALVE is indicated for replacement of with confidential information that you public dockets, see 80 FR 56469, diseased, damaged, or malfunctioning do not wish to be made available to the September 18, 2015, or access the native or prosthetic aortic valves. public, submit the comment as a information at: https://www.gpo.gov/ Subsequent to this approval, the USPTO written/paper submission and in the fdsys/pkg/FR-2015-09-18/pdf/2015- received a patent term restoration manner detailed (see ‘‘Written/Paper 23389.pdf. application for PERCEVAL Submissions’’ and ‘‘Instructions’’). Docket: For access to the docket to SUTURELESS HEART VALVE (U.S. Written/Paper Submissions read background documents or the Patent No. 8,540,768) from Sorin Group electronic and written/paper comments Italia S.r.l., and the USPTO requested Submit written/paper submissions as received, go to https:// FDA’s assistance in determining this follows: www.regulations.gov and insert the patent’s eligibility for patent term • Mail/Hand delivery/Courier (for docket number, found in brackets in the restoration. In a letter dated November written/paper submissions): Dockets heading of this document, into the 10, 2016, FDA advised the USPTO that Management Staff (HFA–305), Food and ‘‘Search’’ box and follow the prompts this medical device had undergone a Drug Administration, 5630 Fishers and/or go to the Dockets Management regulatory review period and that the Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments Staff, 5630 Fishers Lane, Rm. 1061, approval of PERCEVAL SUTURELESS submitted to the Dockets Management Rockville, MD 20852. HEART VALVE represented the first Staff, FDA will post your comment, as FOR FURTHER INFORMATION CONTACT: permitted commercial marketing or use well as any attachments, except for Beverly Friedman, Office of Regulatory of the product. Thereafter, the USPTO information submitted, marked and Policy, Food and Drug Administration, requested that FDA determine the identified, as confidential, if submitted 10903 New Hampshire Ave., Bldg. 51, product’s regulatory review period. as detailed in ‘‘Instructions.’’ Rm. 6250, Silver Spring, MD 20993, II. Determination of Regulatory Review Instructions: All submissions received 301–796–3600. Period must include the Docket No. FDA– SUPPLEMENTARY INFORMATION: 2016–E–2520 for ‘‘Determination of FDA has determined that the Regulatory Review Period for Purposes I. Background applicable regulatory review period for of Patent Extension; PERCEVAL The Drug Price Competition and PERCEVAL SUTURELESS HEART SUTURELESS HEART VALVE.’’ Patent Term Restoration Act of 1984 VALVE is 1,003 days. Of this time, 694 Received comments, those filed in a (Pub. L. 98–417) and the Generic days occurred during the testing phase timely manner (see ADDRESSES), will be Animal Drug and Patent Term of the regulatory review period, while placed in the docket and, except for Restoration Act (Pub. L. 100–670) 309 days occurred during the approval those submitted as ‘‘Confidential generally provide that a patent may be phase. These periods of time were Submissions,’’ publicly viewable at extended for a period of up to 5 years derived from the following dates: https://www.regulations.gov or at the so long as the patented item (human 1. The date an exemption under Dockets Management Staff between 9 drug product, animal drug product, section 520(g) of the Federal Food, Drug, a.m. and 4 p.m., Monday through medical device, food additive, or color and Cosmetic Act (FD&C Act) (21 U.S.C. Friday. additive) was subject to regulatory 360j(g)) involving this device became • Confidential Submissions—To review by FDA before the item was effective: April 12, 2013. The applicant submit a comment with confidential marketed. Under these acts, a product’s claims that the investigational device information that you do not wish to be regulatory review period forms the basis exemption (IDE) required under section made publicly available, submit your for determining the amount of extension 520(g) of the FD&C Act for human tests comments only as a written/paper an applicant may receive. to begin became effective on February submission. You should submit two A regulatory review period consists of 29, 2012. However, FDA records copies total. One copy will include the two periods of time: A testing phase and indicate that the IDE was determined information you claim to be confidential an approval phase. For medical devices, substantially complete for clinical with a heading or cover note that states the testing phase begins with a clinical studies to have begun on April 12, 2013, ‘‘THIS DOCUMENT CONTAINS investigation of the device and runs which represents the IDE effective date. CONFIDENTIAL INFORMATION.’’ The until the approval phase begins. The 2. The date an application was Agency will review this copy, including approval phase starts with the initial initially submitted with respect to the the claimed confidential information, in submission of an application to market device under section 515 of the FD&C its consideration of comments. The the device and continues until Act (21 U.S.C. 360e): March 6, 2015. second copy, which will have the permission to market the device is The applicant claims February 27, 2015, claimed confidential information granted. Although only a portion of a as the date the premarket approval redacted/blacked out, will be available regulatory review period may count application (PMA) for PERCEVAL for public viewing and posted on toward the actual amount of extension SUTURELESS HEART VALVE (PMA https://www.regulations.gov. Submit that the Director of USPTO may award P150011) was initially submitted. both copies to the Dockets Management (half the testing phase must be However, FDA records indicate that Staff. If you do not wish your name and subtracted as well as any time that may PMA P150011 was submitted on March contact information to be made publicly have occurred before the patent was 6, 2015. available, you can provide this issued), FDA’s determination of the 3. The date the application was information on the cover sheet and not length of a regulatory review period for approved: January 8, 2016. FDA has in the body of your comments and you a medical device will include all of the verified the applicant’s claim that PMA must identify this information as testing phase and approval phase as P150011 was approved on January 8, ‘‘confidential.’’ Any information marked specified in 35 U.S.C. 156(g)(3)(B). 2016.

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This determination of the regulatory for ZURAMPIC and is publishing this written/paper submission and in the review period establishes the maximum notice of that determination as required manner detailed (see ‘‘Written/Paper potential length of a patent extension. by law. FDA has made the Submissions’’ and ‘‘Instructions’’). However, the USPTO applies several determination because of the Written/Paper Submissions statutory limitations in its calculations submission of applications to the of the actual period for patent extension. Director of the U.S. Patent and Submit written/paper submissions as In its application for patent extension, Trademark Office (USPTO), Department follows: • this applicant seeks 576 days of patent of Commerce, for the extension of a Mail/Hand delivery/Courier (for term extension. patent which claims that human drug written/paper submissions): Dockets product. Management Staff (HFA–305), Food and III. Petitions Drug Administration, 5630 Fishers DATES: Anyone with knowledge that any Anyone with knowledge that any of Lane, Rm. 1061, Rockville, MD 20852. of the dates as published (see the • the dates as published are incorrect may For written/paper comments SUPPLEMENTARY INFORMATION section) are submit either electronic or written submitted to the Dockets Management incorrect may submit either electronic comments and, under 21 CFR 60.24, ask Staff, FDA will post your comment, as or written comments and ask for a for a redetermination (see DATES). well as any attachments, except for redetermination by March 23, 2018. Furthermore, as specified in § 60.30 (21 information submitted, marked and Furthermore, any interested person may CFR 60.30), any interested person may identified, as confidential, if submitted petition FDA for a determination petition FDA for a determination as detailed in ‘‘Instructions.’’ regarding whether the applicant for regarding whether the applicant for Instructions: All submissions received extension acted with due diligence extension acted with due diligence must include the Docket Nos. FDA– during the regulatory review period by during the regulatory review period. To 2016–E–2503, FDA–2016–E–2504, July 23, 2018. See ‘‘Petitions’’ in the meet its burden, the petition must FDA–2016–E–2505, FDA–2016–E–2506, SUPPLEMENTARY INFORMATION section for comply with all the requirements of and FDA–2016–E–2507 for more information. § 60.30, including but not limited to: ‘‘Determination of Regulatory Review Period for Purposes of Patent Extension; Must be timely (see DATES), must be ADDRESSES: You may submit comments filed in accordance with § 10.20, must as follows. Please note that late, ZURAMPIC.’’ Received comments, those filed in a timely manner (see contain sufficient facts to merit an FDA untimely filed comments will not be ADDRESSES), will be placed in the docket investigation, and must certify that a considered. Electronic comments must and, except for those submitted as true and complete copy of the petition be submitted on or before March 23, ‘‘Confidential Submissions,’’ publicly has been served upon the patent 2018. The https://www.regulations.gov viewable at https://www.regulations.gov applicant. (See H. Rept. 857, part 1, 98th electronic filing system will accept or at the Dockets Management Staff Cong., 2d sess., pp. 41–42, 1984.) comments until midnight Eastern Time between 9 a.m. and 4 p.m., Monday Petitions should be in the format at the end of March 23, 2018. Comments received by mail/hand delivery/courier through Friday. specified in 21 CFR 10.30. • Confidential Submissions—To Submit petitions electronically to (for written/paper submissions) will be submit a comment with confidential https://www.regulations.gov at Docket considered timely if they are information that you do not wish to be No. FDA–2013–S–0610. Submit written postmarked or the delivery service made publicly available, submit your petitions (two copies are required) to the acceptance receipt is on or before that comments only as a written/paper Dockets Management Staff (HFA–305), date. submission. You should submit two Food and Drug Administration, 5630 Electronic Submissions copies total. One copy will include the Fishers Lane, Rm. 1061, Rockville, MD information you claim to be confidential 20852. Submit electronic comments in the following way: with a heading or cover note that states Dated: January 16, 2018. • Federal eRulemaking Portal: ‘‘THIS DOCUMENT CONTAINS Leslie Kux, https://www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ The Associate Commissioner for Policy. instructions for submitting comments. Agency will review this copy, including [FR Doc. 2018–00995 Filed 1–19–18; 8:45 am] Comments submitted electronically, the claimed confidential information, in BILLING CODE 4164–01–P including attachments, to https:// its consideration of comments. The www.regulations.gov will be posted to second copy, which will have the the docket unchanged. Because your claimed confidential information DEPARTMENT OF HEALTH AND comment will be made public, you are redacted/blacked out, will be available HUMAN SERVICES solely responsible for ensuring that your for public viewing and posted on comment does not include any https://www.regulations.gov. Submit Food and Drug Administration confidential information that you or a both copies to the Dockets Management [Docket Nos. FDA–2016–E–2503, FDA– third party may not wish to be posted, Staff. If you do not wish your name and 2016–E–2504, FDA–2016–E–2505, FDA– such as medical information, your or contact information to be made publicly 2016–E–2506, and FDA–2016–E–2507] anyone else’s Social Security number, or available, you can provide this confidential business information, such information on the cover sheet and not Determination of Regulatory Review as a manufacturing process. Please note in the body of your comments and you Period for Purposes of Patent that if you include your name, contact must identify this information as Extension; ZURAMPIC information, or other information that ‘‘confidential.’’ Any information marked AGENCY: Food and Drug Administration, identifies you in the body of your as ‘‘confidential’’ will not be disclosed HHS. comments, that information will be except in accordance with § 10.20 (21 ACTION: Notice. posted on https://www.regulations.gov. CFR 10.20) and other applicable • If you want to submit a comment disclosure law. For more information SUMMARY: The Food and Drug with confidential information that you about FDA’s posting of comments to Administration (FDA or the Agency) has do not wish to be made available to the public dockets, see 80 FR 56469, determined the regulatory review period public, submit the comment as a September 18, 2015, or access the

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information at: https://www.gpo.gov/ hyperuricemia associated with gout in comments and, under 21 CFR 60.24, ask fdsys/pkg/FR-2015-09-18/pdf/2015- patients who have not achieved target for a redetermination (see DATES). 23389.pdf. serum uric acid levels with a xanthine Furthermore, as specified in § 60.30 (21 Docket: For access to the docket to oxidase inhibitor alone. Subsequent to CFR 60.30), any interested person may read background documents or the this approval, the USPTO received petition FDA for a determination electronic and written/paper comments patent term restoration applications for regarding whether the applicant for received, go to https:// ZURAMPIC (U.S. Patent Nos. 8,003,681; extension acted with due diligence www.regulations.gov and insert the 8,084,483; 8,283,369; 8,357,713; and during the regulatory review period. To docket numbers, found in brackets in 8,546,437) from Ardea Biosciences, Inc., meet its burden, the petition must the heading of this document, into the and the USPTO requested FDA’s comply with all the requirements of ‘‘Search’’ box and follow the prompts assistance in determining the patents’ § 60.30, including but not limited to: and/or go to the Dockets Management eligibility for patent term restoration. In must be timely (see DATES), must be Staff, 5630 Fishers Lane, Rm. 1061, a letter dated November 10, 2016, FDA filed in accordance with § 10.20, must Rockville, MD 20852. advised the USPTO that this human contain sufficient facts to merit an FDA FOR FURTHER INFORMATION CONTACT: drug product had undergone a investigation, and must certify that a Beverly Friedman, Office of Regulatory regulatory review period and that the true and complete copy of the petition Policy, Food and Drug Administration, approval of ZURAMPIC represented the has been served upon the patent 10903 New Hampshire Ave., Bldg. 51, first permitted commercial marketing or applicant. (See H. Rept. 857, part 1, 98th Rm. 6250, Silver Spring, MD 20993, use of the product. Thereafter, the Cong., 2d sess., pp. 41–42, 1984.) 301–796–3600. USPTO requested that FDA determine Petitions should be in the format SUPPLEMENTARY INFORMATION: the product’s regulatory review period. specified in 21 CFR 10.30. Submit petitions electronically to I. Background II. Determination of Regulatory Review Period https://www.regulations.gov at Docket The Drug Price Competition and No. FDA–2013–S–0610. Submit written FDA has determined that the Patent Term Restoration Act of 1984 petitions (two copies are required) to the applicable regulatory review period for (Pub. L. 98–417) and the Generic Dockets Management Staff (HFA–305), ZURAMPIC is 2,245 days. Of this time, Animal Drug and Patent Term Food and Drug Administration, 5630 1,886 days occurred during the testing Restoration Act (Pub. L. 100–670) Fishers Lane, Rm. 1061, Rockville, MD phase of the regulatory review period, generally provide that a patent may be 20852. while 359 days occurred during the extended for a period of up to 5 years approval phase. These periods of time Dated: January 16, 2018. so long as the patented item (human were derived from the following dates: Leslie Kux, drug product, animal drug product, 1. The date an exemption under Associate Commissioner for Policy. medical device, food additive, or color section 505(i) of the Federal Food, Drug, [FR Doc. 2018–00992 Filed 1–19–18; 8:45 am] additive) was subject to regulatory and Cosmetic Act (FD&C Act) (21 U.S.C. BILLING CODE 4164–01–P review by FDA before the item was 355(i)) became effective: October 31, marketed. Under these acts, a product’s 2009. FDA has verified the applicant’s regulatory review period forms the basis claim that the date the investigational DEPARTMENT OF HEALTH AND for determining the amount of extension new drug application became effective HUMAN SERVICES an applicant may receive. was on October 31, 2009. A regulatory review period consists of 2. The date the application was Food and Drug Administration two periods of time: A testing phase and initially submitted with respect to the [Docket Nos. FDA–2016–E–2463; FDA– an approval phase. For human drug human drug product under section 2016–E–2464; FDA–2016–E–2465; and FDA– products, the testing phase begins when 505(b) of the FD&C Act: December 29, 2016–E–2466] the exemption to permit the clinical 2014. FDA has verified the applicant’s investigations of the drug becomes claim that the new drug application Determination of Regulatory Review effective and runs until the approval (NDA) for ZURAMPIC (NDA 207988) Period for Purposes of Patent phase begins. The approval phase starts was initially submitted on December 29, Extension; NINLARO with the initial submission of an 2014. AGENCY: Food and Drug Administration, application to market the human drug 3. The date the application was HHS. product and continues until FDA grants approved: December 22, 2015. FDA has permission to market the drug product. verified the applicant’s claim that NDA ACTION: Notice. Although only a portion of a regulatory 207988 was approved on December 22, SUMMARY: The Food and Drug review period may count toward the 2015. actual amount of extension that the Administration (FDA or the Agency) has This determination of the regulatory determined the regulatory review period Director of USPTO may award (for review period establishes the maximum example, half the testing phase must be for NINLARO and is publishing this potential length of a patent extension. notice of that determination as required subtracted as well as any time that may However, the USPTO applies several have occurred before the patent was by law. FDA has made the statutory limitations in its calculations determination because of the issued), FDA’s determination of the of the actual period for patent extension. length of a regulatory review period for submission of applications to the In its applications for patent extension, Director of the U.S. Patent and a human drug product will include all this applicant seeks 971 days, 127 days, of the testing phase and approval phase Trademark Office (USPTO), Department 391 days, and 237 days of patent term of Commerce, for the extension of a as specified in 35 U.S.C. 156(g)(1)(B). extension. FDA has approved for marketing the patent which claims that human drug human drug product ZURAMPIC III. Petitions product. (lesinurad). ZURAMPIC is indicated in Anyone with knowledge that any of DATES: Anyone with knowledge that any combination with a xanthine oxidase the dates as published are incorrect may of the dates as published (see the inhibitor for the treatment of submit either electronic or written SUPPLEMENTARY INFORMATION section) are

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incorrect may submit either electronic Staff, FDA will post your comment, as FOR FURTHER INFORMATION CONTACT: or written comments and ask for a well as any attachments, except for Beverly Friedman, Office of Regulatory redetermination by March 23, 2018. information submitted, marked and Policy, Food and Drug Administration, Furthermore, any interested person may identified, as confidential, if submitted 10903 New Hampshire Ave., Bldg. 51, petition FDA for a determination as detailed in ‘‘Instructions.’’ Rm. 6250, Silver Spring, MD 20993, regarding whether the applicant for Instructions: All submissions received 301–796–3600. extension acted with due diligence must include the Docket Nos. FDA– SUPPLEMENTARY INFORMATION: during the regulatory review period by 2016–E–2463; FDA–2016–E–2464; July 23, 2018. See ‘‘Petitions’’ in the FDA–2016–E–2465; and FDA–2016–E– I. Background SUPPLEMENTARY INFORMATION section for 2466 for ‘‘Determination of Regulatory The Drug Price Competition and more information. Review Period for Purposes of Patent Patent Term Restoration Act of 1984 ADDRESSES: You may submit comments Extension; NINLARO.’’ Received (Pub. L. 98–417) and the Generic as follows. Please note that late, comments, those filed in a timely Animal Drug and Patent Term untimely filed comments will not be manner (see ADDRESSES), will be placed Restoration Act (Pub. L. 100–670) considered. Electronic comments must in the docket and, except for those generally provide that a patent may be be submitted on or before March 23, submitted as ‘‘Confidential extended for a period of up to 5 years 2018. The https://www.regulations.gov Submissions,’’ publicly viewable at so long as the patented item (human electronic filing system will accept https://www.regulations.gov or at the drug product, animal drug product, comments until midnight Eastern Time Dockets Management Staff between 9 medical device, food additive, or color at the end of March 23, 2018. Comments a.m. and 4 p.m., Monday through additive) was subject to regulatory received by mail/hand delivery/courier Friday. review by FDA before the item was • (for written/paper submissions) will be Confidential Submissions—To marketed. Under these acts, a product’s considered timely if they are submit a comment with confidential regulatory review period forms the basis postmarked or the delivery service information that you do not wish to be for determining the amount of extension acceptance receipt is on or before that made publicly available, submit your an applicant may receive. date. comments only as a written/paper A regulatory review period consists of submission. You should submit two two periods of time: A testing phase and Electronic Submissions copies total. One copy will include the an approval phase. For human drug Submit electronic comments in the information you claim to be confidential products, the testing phase begins when following way: with a heading or cover note that states the exemption to permit the clinical • Federal eRulemaking Portal: ‘‘THIS DOCUMENT CONTAINS investigations of the drug becomes https://www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ The effective and runs until the approval instructions for submitting comments. Agency will review this copy, including phase begins. The approval phase starts Comments submitted electronically, the claimed confidential information, in with the initial submission of an including attachments, to https:// its consideration of comments. The application to market the human drug www.regulations.gov will be posted to second copy, which will have the product and continues until FDA grants the docket unchanged. Because your claimed confidential information permission to market the drug product. comment will be made public, you are redacted/blacked out, will be available Although only a portion of a regulatory solely responsible for ensuring that your for public viewing and posted on review period may count toward the comment does not include any https://www.regulations.gov. Submit actual amount of extension that the confidential information that you or a both copies to the Dockets Management Director of USPTO may award (for third party may not wish to be posted, Staff. If you do not wish your name and example, half the testing phase must be such as medical information, your or contact information to be made publicly subtracted as well as any time that may anyone else’s Social Security number, or available, you can provide this have occurred before the patent was confidential business information, such information on the cover sheet and not issued), FDA’s determination of the as a manufacturing process. Please note in the body of your comments and you length of a regulatory review period for that if you include your name, contact must identify this information as a human drug product will include all information, or other information that ‘‘confidential.’’ Any information marked of the testing phase and approval phase identifies you in the body of your as ‘‘confidential’’ will not be disclosed as specified in 35 U.S.C. 156(g)(1)(B). comments, that information will be except in accordance with § 10.20 (21 FDA has approved for marketing the posted on https://www.regulations.gov. CFR 10.20) and other applicable human drug product NINLARO • If you want to submit a comment disclosure law. For more information (ixazomib). NINLARO is indicated in with confidential information that you about FDA’s posting of comments to combination with lenalidomide and do not wish to be made available to the public dockets, see 80 FR 56469, dexamethasone for the treatment of public, submit the comment as a September 18, 2015, or access the patients with multiple myeloma who written/paper submission and in the information at: https://www.gpo.gov/ have received at least one prior therapy. manner detailed (see ‘‘Written/Paper fdsys/pkg/FR-2015-09-18/pdf/2015- Subsequent to this approval, the USPTO Submissions’’ and ‘‘Instructions’’). 23389.pdf. received patent term restoration Docket: For access to the docket to applications for NINLARO (U.S. Patent Written/Paper Submissions read background documents or the Nos. 7,442,830; 7,687,662; 8,003,819; Submit written/paper submissions as electronic and written/paper comments and 8,859,504) from Millennium follows: received, go to https:// Pharmaceuticals, Inc., and the USPTO • Mail/Hand delivery/Courier (for www.regulations.gov and insert the requested FDA’s assistance in written/paper submissions): Dockets docket number, found in brackets in the determining the patents’ eligibility for Management Staff (HFA–305), Food and heading of this document, into the patent term restoration. In a letter dated Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts October 14, 2016, FDA advised the Lane, Rm. 1061, Rockville, MD 20852. and/or go to the Dockets Management USPTO that this human drug product • For written/paper comments Staff, 5630 Fishers Lane, Rm. 1061, had undergone a regulatory review submitted to the Dockets Management Rockville, MD 20852. period and that the approval of

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NINLARO represented the first Cong., 2d sess., pp. 41–42, 1984.) ways: (1) Send a request to the following permitted commercial marketing or use Petitions should be in the format address: Ann Ferrero, MCHB, HRSA of the product. Thereafter, the USPTO specified in 21 CFR 10.30. 5600 Fishers Lane, Room 18N100C, requested that FDA determine the Submit petitions electronically to Rockville, MD 20857; (2) call 301–443– product’s regulatory review period. https://www.regulations.gov at Docket 3999; or (3) send an email to: AFerrero@ No. FDA–2013–S–0610. Submit written II. Determination of Regulatory Review hrsa.gov. Period petitions (two copies are required) to the SUPPLEMENTARY INFORMATION: The Dockets Management Staff (HFA–305), ACHDNC provides advice to the FDA has determined that the Food and Drug Administration, 5630 Secretary of HHS on the development of applicable regulatory review period for Fishers Lane, Rm. 1061, Rockville, MD newborn screening activities, NINLARO is 2,538 days. Of this time, 20852. technologies, policies, guidelines, and 2,404 days occurred during the testing programs for effectively reducing phase of the regulatory review period, Dated: January 16, 2018. morbidity and mortality in newborns while 134 days occurred during the Leslie Kux, and children having, or at risk for, approval phase. These periods of time Associate Commissioner for Policy. heritable disorders. In addition, were derived from the following dates: [FR Doc. 2018–00994 Filed 1–19–18; 8:45 am] ACHDNC’s recommendations regarding 1. The date an exemption under BILLING CODE 4164–01–P section 505(i) of the Federal Food, Drug, inclusion of additional conditions and and Cosmetic Act (FD&C Act) (21 U.S.C. inherited disorders for screening which 355(i)) became effective: December 10, DEPARTMENT OF HEALTH AND have been adopted by the Secretary are 2008. FDA has verified the applicant’s HUMAN SERVICES then included in the Recommended claim that the date the investigational Uniform Screening Panel (RUSP). new drug application became effective Health Resources and Service Conditions listed on the RUSP was on December 10, 2008. Administration constitute part of the comprehensive 2. The date the application was preventive health guidelines supported Advisory Committee on Heritable initially submitted with respect to the by HRSA for infants and children under Disorders in Newborns and Children human drug product under section section 2713 of the Public Health Service Act, codified at 42 U.S.C. 505(b) of the FD&C Act: July 10, 2015. AGENCY: Health Resources and Service 300gg–13. Under this provision, non- FDA has verified the applicant’s claim Administration (HRSA), Department of grandfathered health plans are required that the new drug application (NDA) for Health and Human Services (HHS). to cover screenings included in the NINLARO (NDA 208462) was initially ACTION: Notice of meeting. submitted on July 10, 2015. HRSA-supported comprehensive guidelines without charging a co- 3. The date the application was SUMMARY: In accordance with the approved: November 20, 2015. FDA has Federal Advisory Committee Act, this payment, co-insurance, or deductible for verified the applicant’s claim that NDA notice announces that the Advisory plan years (i.e., policy years) beginning 208462 was approved on November 20, Committee on Heritable Disorders in on or after the date that is one year from 2015. Newborns and Children (ACHDNC) will the Secretary’s adoption of the This determination of the regulatory hold a public meeting. condition for screening. Information review period establishes the maximum about the ACHDNC is available on the DATES: Thursday, February 8, 2018, following website: https:// potential length of a patent extension. from 9:30 a.m. to 5:00 p.m. and Friday, However, the USPTO applies several www.hrsa.gov/advisory-committees/ February 9, 2018, from 9:30 a.m. to 3:00 heritable-disorders/index.html. statutory limitations in its calculations p.m. ET (meeting times are tentative). of the actual period for patent extension. The meeting agenda will include a In its applications for patent extension, ADDRESSES: The address for the meeting final evidence-based review report on this applicant seeks 837 or 157 days of is 5600 Fishers Lane, 5th Floor Pavilion, the spinal muscular atrophy (SMA) patent term extension. Rockville, MD 20857. Participants may condition nomination for possible also access the meeting through inclusion on the RUSP. Following this III. Petitions Webcast. Advanced registration is report, the ACHDNC expects to vote on Anyone with knowledge that any of required. Please register online at http:// whether to recommend to the Secretary the dates as published are incorrect may www.achdncmeetings.org/ by 12:00 p.m. adding SMA to the RUSP. ACHDNC submit either electronic or written ET on February 5, 2018. Instructions on members will also hear presentations on comments and, under 21 CFR 60.24, ask how to access the meeting via Webcast states’ activities to achieve newborn for a redetermination (see DATES). will be provided upon registration. screening timeliness goals. An overview Furthermore, as specified in § 60.30 (21 Please note that the 5600 Fishers Lane of cutoff determinations and risk CFR 60.30), any interested person may building requires security screening on assessment methods used for dried petition FDA for a determination entry. Visitors must provide a driver’s bloodspot newborn screening will also regarding whether the applicant for license, passport, or other form of be given. The Committee expects to vote extension acted with due diligence government-issued photo identification on whether to support a guidance during the regulatory review period. To or they cannot enter the facility. Non-US document on cutoff determinations and meet its burden, the petition must Citizens planning to attend in person risk assessment methods. Finally, the comply with all the requirements of will need to provide additional ACHDNC members will hear updates § 60.30, including but not limited to: information to HRSA by January 24, from the Laboratory Standards and Must be timely (see DATES), must be 2018, 12:00 p.m. Eastern Time. Please Procedures workgroup; the Follow-up filed in accordance with § 10.20, must see contact information below. and Treatment workgroup, including a contain sufficient facts to merit an FDA FOR FURTHER INFORMATION CONTACT: presentation of the final draft of a report investigation, and must certify that a Anyone requesting information on Quality Measures in Newborn true and complete copy of the petition regarding the ACHDNC should contact Screening; and the Education and has been served upon the patent Ann Ferrero, Maternal and Child Health Training workgroup, including a applicant. (See H. Rept. 857, part 1, 98th Bureau (MCHB), HRSA, in one of three presentation of the final draft of a

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Communication Guide for relaying the discussions could disclose Date: February 12, 2018. Newborn Screening results. confidential trade secrets or commercial Time: 8:00 a.m. to 6:00 p.m. HRSA will post the agenda two days property such as patentable material, Agenda: To review and evaluate grant prior to the meeting on the Committee’s and personal information concerning applications. website: https://www.hrsa.gov/advisory- Place: National Institutes of Health, One individuals associated with the grant Democracy Plaza, 6701 Democracy committees/heritable-disorders/ applications, the disclosure of which Boulevard, Bethesda, MD 20892. index.html. Please note that agenda would constitute a clearly unwarranted Contact Person: Marilyn Moore-Hoon, items are subject to changes as priorities invasion of personal privacy. Ph.D., Scientific Review Officer, Scientific dictate. Name of Committee: National Institute of Review Branch, National Institute of Dental Members of the public will have the Allergy and Infectious Diseases Special and Craniofacial Research, 6701 Democracy opportunity to provide comments and Emphasis Panel; Partnerships for the Blvd., Rm. 676, Bethesda, MD 20892–4878, may submit written comments in Development of Vaccines and 301–594–4861, [email protected]. advance of the meeting. All comments Immunophrophylactics Targeting Multiple Name of Committee: National Institute of are part of the official Committee record. Antibiotic-Resistant Bacteria (R01). Dental and Craniofacial Research Special To submit written comments or request Date: February 12–13, 2018. Emphasis Panel; NIDCR DSR Member time for an oral comment at the meeting, Time: 11:00 a.m. to 6:00 p.m. Conflict SEP. please register online by 12:00 p.m. ET Agenda: To review and evaluate grant Date: February 14, 2018. on January 31, 2018, at http:// applications. Time: 11:00 a.m. to 2:00 p.m. Place: National Institutes of Health, 5601 Agenda: To review and evaluate grant www.achdncmeetings.org/. To Fishers Lane, Rockville, MD 20892 applications. accommodate all individuals who have (Telephone Conference Call). Place: National Institutes of Health, One registered and requested time for oral Contact Person: Kelly Y. Poe, Ph.D., Democracy Plaza, 6701 Democracy comments, the allocated time for Scientific Review Program, Division of Boulevard, Bethesda, MD 20892 (Telephone comments may be limited. The Extramural Activities, Room 3F40B, National Conference Call). ACHDNC may ask individuals Institutes of Health, NIAID, 5601 Fishers Contact Person: Marilyn Moore-Hoon, associated with groups, or individuals Lane, MSC 9823, Bethesda, MD 20892–9823, Ph.D., Scientific Review Officer, Scientific who plan to provide comments on (240) 669–5036, [email protected]. Review Branch, National Institute of Dental similar topics, to combine their (Catalogue of Federal Domestic Assistance and Craniofacial Research, 6701 Democracy Program Nos. 93.855, Allergy, Immunology, Blvd., Rm. 676, Bethesda, MD 20892–4878, comments and present them through a and Transplantation Research; 93.856, 301–594–4861, [email protected]. single representative. Audiovisual Microbiology and Infectious Diseases Name of Committee: National Institute of presentations are not permitted. Written Research, National Institutes of Health, HHS) Dental and Craniofacial Research Special comments should identify the Dated: January 16, 2018. Emphasis Panel. individual’s name, address, email, Date: February 28, 2018. Natasha M. Copeland, telephone number, professional or Time: 8:00 a.m. to 5:00 p.m. organization affiliation, background or Program Analyst, Office of Federal Advisory Agenda: To review and evaluate grant area of expertise (i.e., parent, family Committee Policy. applications. member, researcher, clinician, public [FR Doc. 2018–00959 Filed 1–19–18; 8:45 am] Place: Hilton Garden Inn Bethesda, 7301 health, etc.) and the topic/subject BILLING CODE 4140–01–P Waverly Street, Bethesda, MD 20814. matter. Individuals who plan to attend Contact Person: Nisan Bhattacharyya, Ph.D., Scientific Review Officer, Scientific and need special assistance, such as DEPARTMENT OF HEALTH AND Review Branch, NIDCR, NIH, 6701 sign language interpretation or other HUMAN SERVICES Democracy Boulevard, Suite 668, Bethesda, reasonable accommodations, should MD 20892, 301–451–2405, nisan_ notify Ann Ferrero using the address National Institutes of Health [email protected]. and phone number above at least 10 (Catalogue of Federal Domestic Assistance days prior to the meeting. National Institute of Dental & Program Nos. 93.121, Oral Diseases and Disorders Research, National Institutes of Amy McNulty, Craniofacial Research; Notice of Closed Meetings Health, HHS) Acting Director, Division of the Executive Dated: January 16, 2018. Secretariat. Pursuant to section 10(d) of the [FR Doc. 2018–00978 Filed 1–19–18; 8:45 am] Federal Advisory Committee Act, as Natasha M. Copeland, BILLING CODE 4165–15–P amended, notice is hereby given of the Program Analyst, Office of Federal Advisory following meetings. Committee Policy. The meetings will be closed to the [FR Doc. 2018–00962 Filed 1–19–18; 8:45 am] DEPARTMENT OF HEALTH AND public in accordance with the BILLING CODE 4140–01–P HUMAN SERVICES provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health as amended. The grant applications and DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institute of Allergy and the discussions could disclose Infectious Diseases; Notice of Closed confidential trade secrets or commercial National Institutes of Health Meeting property such as patentable material, and personal information concerning National Cancer Institute; Notice of Pursuant to section 10(d) of the individuals associated with the grant Meeting Federal Advisory Committee Act, as applications, the disclosure of which amended, notice is hereby given of the would constitute a clearly unwarranted Pursuant to section 10(d) of the following meeting. invasion of personal privacy. Federal Advisory Committee Act, as The meeting will be closed to the amended, notice is hereby given of a Name of Committee: National Institute of public in accordance with the Dental and Craniofacial Research Special meeting of the National Cancer provisions set forth in sections Emphasis Panel; NIDCR Clinical Research, Advisory Board. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Clinical Trials, and Clinical Trials Planning The meeting will be open to the as amended. The grant applications and Grants. public as indicated below, with

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attendance limited to space available. Dated: January 16, 2018. Minority Access to Research Careers; 93.96, Individuals who plan to attend and Melanie J. Pantoja, Special Minority Initiatives; 93.859, need special assistance, such as sign Program Analyst, Office of Federal Advisory Biomedical Research and Research Training, National Institutes of Health, HHS) language interpretation or other Committee Policy. reasonable accommodations, should [FR Doc. 2018–00958 Filed 1–19–18; 8:45 am] Dated: January 16, 2018. notify the Contact Person listed below BILLING CODE 4140–01–P Melanie J. Pantoja, in advance of the meeting. The open Program Analyst, Office of Federal Advisory session will be videocast and can be Committee Policy. accessed from the NIH Videocasting and DEPARTMENT OF HEALTH AND [FR Doc. 2018–00964 Filed 1–19–18; 8:45 am] HUMAN SERVICES Podcasting website (http:// BILLING CODE 4140–01–P videocast.nih.gov). National Institutes of Health The meeting will be closed to the DEPARTMENT OF HEALTH AND public in accordance with the National Institute of General Medical HUMAN SERVICES provisions set forth in sections Sciences; Notice of Closed Meetings 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the National Institutes of Health as amended. The grant applications and Federal Advisory Committee Act, as National Institute of General Medical the discussions could disclose amended, notice is hereby given of the Sciences; Notice of Closed Meeting confidential trade secrets or commercial following meetings. property such as patentable material, The meetings will be closed to the Pursuant to section 10(d) of the and personal information concerning public in accordance with the Federal Advisory Committee Act, as individuals associated with the grant provisions set forth in sections amended, notice is hereby given of the applications, the disclosure of which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., following meeting. would constitute a clearly unwarranted as amended. The grant applications and The meeting will be closed to the invasion of personal privacy. the discussions could disclose public in accordance with the confidential trade secrets or commercial provisions set forth in sections Name of Committee: National Cancer property such as patentable material, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Advisory Board. and personal information concerning as amended. The grant applications and Date: February 13, 2018. individuals associated with the grant the discussions could disclose Open: 1:00 p.m. to 3:00 p.m. applications, the disclosure of which confidential trade secrets or commercial Agenda: Program reports and would constitute a clearly unwarranted property such as patentable material, presentations; business of the Board. invasion of personal privacy. and personal information concerning Closed: 3:00 p.m. to 4:00 p.m. individuals associated with the grant Agenda: To review and evaluate grant Name of Committee: National Institute of applications, the disclosure of which applications. General Medical Sciences Special Emphasis Panel; Review of MIRA Applications. would constitute a clearly unwarranted Place: National Cancer Institute Shady Date: March 5–6, 2018. invasion of personal privacy. Grove, 9609 Medical Center Drive, Room Time: 8:00 a.m. to 5:00 p.m. TE406, Rockville, MD 20850 (Virtual Agenda: To review and evaluate grant Name of Committee: National Institute of Meeting). applications. General Medical Sciences Special Emphasis Contact Person: Paulette S. Gray, Ph.D., Place: Residence Inn Bethesda Downtown, Panel to review COBRE Phase II. Executive Secretary, Division of Extramural 7335 Wisconsin Avenue, Bethesda, MD Date: March 1–2, 2018. Time: 8:00 a.m. to 6:00 p.m. Activities, National Cancer Institute—Shady 20814. Contact Person: Brian R. Pike, Ph.D., Agenda: To review and evaluate grant Grove, National Institutes of Health, 9609 applications. Medical Center Drive, Room 7W444, Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Place: Hyatt Regency Bethesda, One Bethesda, MD 20892, 240–276–6340, grayp@ Sciences, National Institutes of Health, 45 Bethesda Metro Center, 7400 Wisconsin mail.nih.gov. Center Drive, Room 3AN18, Bethesda, MD Avenue, Bethesda, MD 20814. Any interested person may file written 20892, 301–594–3907, [email protected]. Contact Person: Nina Sidorova, Ph.D., Scientific Review Officer, Office of Scientific comments with the committee by forwarding Name of Committee: National Institute of Review, National Institute of General Medical the statement to the Contact Person listed on General Medical Sciences Special Emphasis Sciences, National Institutes of Health, 45 this notice. The statement should include the Panel; Review of IDeA–CTR (U54) Center Drive, Room 3An.22, Bethesda, MD name, address, telephone number and when Applications. 20892–6200, 301–594–3663, sidorova@ applicable, the business or professional Date: March 6, 2018. nigms.nih.gov. affiliation of the interested person. Time: 8:00 a.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance Information is also available on the Agenda: To review and evaluate grant applications. Program Nos. 93.375, Minority Biomedical Institute’s/Center’s home page: http:// Research Support; 93.821, Cell Biology and deainfo.nci.nih.gov/advisory/ncab/ncab.htm, Place: Cambria Suites Rockville, 1 Helen Heneghan Way, Rockville, MD 20850. Biophysics Research; 93.859, Pharmacology, where an agenda and any additional Contact Person: Shinako Takada, Ph.D., Physiology, and Biological Chemistry information for the meeting will be posted Scientific Review Officer, Office of Scientific Research; 93.862, Genetics and when available. Review, National Institute of General Medical Developmental Biology Research; 93.88, (Catalogue of Federal Domestic Assistance Sciences, National Institutes of Health, 45 Minority Access to Research Careers; 93.96, Program Nos. 93.392, Cancer Construction; Center Drive, Room 3An.22, Bethesda, MD Special Minority Initiatives; 93.859, 93.393, Cancer Cause and Prevention 20892–6200, 301–402–9448 shinako.takada@ Biomedical Research and Research Training, National Institutes of Health, HHS) Research; 93.394, Cancer Detection and nih.gov. Diagnosis Research; 93.395, Cancer (Catalogue of Federal Domestic Assistance Dated: January 16, 2018. Treatment Research; 93.396, Cancer Biology Program Nos. 93.375, Minority Biomedical Melanie J. Pantoja, Research Support; 93.821, Cell Biology and Research; 93.397, Cancer Centers Support; Program Analyst, Office of Federal Advisory Biophysics Research; 93.859, Pharmacology, 93.398, Cancer Research Manpower; 93.399, Committee Policy. Physiology, and Biological Chemistry Cancer Control, National Institutes of Health, Research; 93.862, Genetics and [FR Doc. 2018–00963 Filed 1–19–18; 8:45 am] HHS) Developmental Biology Research; 93.88, BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND Institute of Child Health and Human Place: National Institutes of Health, 5601 HUMAN SERVICES Development, NIH, 6100 Executive Fishers Lane, Rockville, MD 20892 Boulevard, Room 5B01, Bethesda, MD 20892, (Telephone Conference Call). National Institutes of Health (301) 435–2717, [email protected]. Contact Person: Chelsea D. Boyd, Ph.D., Name of Committee: National Institute of Scientific Review Officer, Scientific Review Eunice Kennedy Shriver National Child Health and Human Development Initial Program, DEA/NIAID/NIH/DHHS, 5601 Institute of Child Health & Human Review Group; Health, Behavior, and Context Fishers Lane, MSC–9823, Rockville, MD Development; Notice of Closed Subcommittee. 20852–9834, 240–669–2081, chelsea.boyd@ nih.gov. Meetings Date: February 26, 2018. Time: 8:00 a.m. to 5:00 p.m. Name of Committee: National Institute of Pursuant to section 10(d) of the Agenda: To review and evaluate grant Allergy and Infectious Diseases Special Federal Advisory Committee Act, as applications. Emphasis Panel; PHS 2018–1 Topic 57: amended, notice is hereby given of the Place: Residence Inn Bethesda Downtown, Development of Sample Sparing Assays. following meetings. 7335 Wisconsin Ave, Bethesda, MD 20814. Date: February 14, 2018. The meetings will be closed to the Contact Person: Kimberly L. Houston, MD, Time: 11:00 a.m. to 5:00 p.m. Scientific Review Officer, Eunice Kennedy Agenda: To review and evaluate contract public in accordance with the proposals. provisions set forth in sections Shriver National Institute of Children Health and Human Development, 6701B Rockledge Place: National Institutes of Health, 5601 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Fishers Lane, Rockville, MD 20892, as amended. The grant applications and Drive, Room 2127B, Bethesda, MD 20892, 301–827–4902, [email protected]. (Telephone Conference Call). the discussions could disclose Contact Person: Dharmendar Rathore, confidential trade secrets or commercial (Catalogue of Federal Domestic Assistance Ph.D., Scientific Review Officer, Scientific Program Nos. 93.864, Population Research; property such as patentable material, Review Program, Division of Extramural 93.865, Research for Mothers and Children; Activities, Room 3G30, National Institutes of and personal information concerning 93.929, Center for Medical Rehabilitation individuals associated with the grant Health/NIAID, 5601 Fishers Lane, Drive, Research; 93.209, Contraception and MSC 9823, Bethesda, MD 20892–9823, 240– applications, the disclosure of which Infertility Loan Repayment Program, National 669–5058, [email protected]. would constitute a clearly unwarranted Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance invasion of personal privacy. Dated: January 16, 2018. Program Nos. 93.855, Allergy, Immunology, Name of Committee: National Institute of Michelle Trout, and Transplantation Research; 93.856, Child Health and Human Development Initial Microbiology and Infectious Diseases Program Analyst, Office of Federal Advisory Review Group; Obstetrics and Maternal-Fetal Research, National Institutes of Health, HHS) Committee Policy. Biology Subcommittee. Dated: January 16, 2018. Date: February 16, 2018. [FR Doc. 2018–00961 Filed 1–19–18; 8:45 am] Time: 8:00 a.m. to 5:00 p.m. BILLING CODE 4140–01–P Natasha M. Copeland, Agenda: To review and evaluate grant Program Analyst, Office of Federal Advisory applications. Committee Policy. Place: Residence Inn Bethesda, 7335 DEPARTMENT OF HEALTH AND [FR Doc. 2018–00960 Filed 1–19–18; 8:45 am] Wisconsin Avenue, Bethesda, MD 20814. HUMAN SERVICES BILLING CODE 4140–01–P Contact Person: Peter Zelazowski, Ph.D., Scientific Review Officer, National Institutes National Institutes of Health of Health, NICHD, SRB, 6710B Rockledge Drive, Bethesda, MD 20892, 301–435–6902, National Institute of Allergy and DEPARTMENT OF HOMELAND [email protected]. Infectious Diseases; Notice of Closed SECURITY Name of Committee: National Institute of Meetings Child Health and Human Development Coast Guard Special Emphasis Panel; National Institute of Pursuant to section 10(d) of the Child Health and Human Development [Docket No. USCG–2017–0951] Special Emphasis Panel. Federal Advisory Committee Act, as Date: February 20–21, 2018. amended, notice is hereby given of the Collection of Information Under Time: 8:00 a.m. to 5:00 p.m. following meetings. Review by Office of Management and Agenda: To review and evaluate grant The meetings will be closed to the Budget; OMB Control Number: 1625– applications. public in accordance with the 0109 Place: Residence Inn Bethesda Downtown, provisions set forth in sections 7335 Wisconsin Ave, Bethesda, MD 20814. AGENCY: Coast Guard, DHS. Contact Person: Joanna Kubler-Kielb, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Officer, Scientific Review as amended. The contract proposals and ACTION: Thirty-day notice requesting Branch, Eunice Kennedy Shriver National the discussions could disclose comments. Institute of Child Health and Human confidential trade secrets or commercial Development, 6100 Executive Boulevard, property such as patentable material, SUMMARY: In compliance with the Room 5B01, Bethesda, MD 20892–7510, 301– and personal information concerning Paperwork Reduction Act of 1995 the 435–6916, [email protected]. individuals associated with the contract U.S. Coast Guard is forwarding an Name of Committee: National Institute of proposals, the disclosure of which Information Collection Request (ICR), Child Health and Human Development Initial would constitute a clearly unwarranted abstracted below, to the Office of Review Group; Reproduction, Andrology, invasion of personal privacy. Management and Budget (OMB), Office and Gynecology Subcommittee. of Information and Regulatory Affairs Date: February 23, 2018. Name of Committee: National Institute of (OIRA), requesting an extension of its Time: 8:00 a.m. to 5:00 p.m. Allergy and Infectious Diseases Special approval for the following collection of Agenda: To review and evaluate grant Emphasis Panel; PHS 2018–1 Small Business information: 1625–0109, Drawbridge applications. Innovation Research (SBIR) Program Contract Place: Residence Inn Bethesda, 7335 Solicitation (Topic 50) (N01). Operation Regulations; without change. Wisconsin Avenue, Bethesda, MD 20814. Date: February 7, 2018. Our ICR describes the information we Contact Person: Dennis E. Leszczynski, Time: 10:00 a.m. to 2:00 p.m. seek to collect from the public. Review Ph.D., Scientific Review Administrator, Agenda: To review and evaluate contract and comments by OIRA ensure we only Division of Scientific Review, National proposals. impose paperwork burdens

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commensurate with our performance of whether to approve the ICR referred to change to operating schedule can only duties. in this Notice. be obtained from the bridge owner and DATES: Comments must reach the Coast We encourage you to respond to this is generally provided to the Coast Guard Guard and OIRA on or before February request by submitting comments and in a written format. 21, 2018. related materials. Comments to Coast Need: 33 U.S.C. 499 authorizes the Guard or OIRA must contain the OMB Coast Guard to change the operating ADDRESSES: You may submit comments Control Number of the ICR. They must schedules drawbridges that cross identified by Coast Guard docket also contain the docket number of this navigable waters of the United States. number [USCG–2017–0951] to the Coast request, [USCG–2017–0951], and must Forms: None. Guard using the Federal eRulemaking be received by February 21, 2018. Respondents: The public and private Portal at http://www.regulations.gov. owners of bridges over navigable waters Alternatively, you may submit Submitting Comments of the United States. comments to OIRA using one of the We encourage you to submit Frequency: On occasion. following means: comments through the Federal Hour Burden Estimate: The estimated (1) Email: dhsdeskofficer@ eRulemaking Portal at http:// annual burden remains 150 hours a omb.eop.gov. www.regulations.gov. If your material year. (2) Mail: OIRA, 725 17th Street NW, cannot be submitted using http:// Authority: The Paperwork Reduction Act Washington, DC 20503, attention Desk www.regulations.gov, contact the person of 1995; 44 U.S.C. chapter 35, as amended. Officer for the Coast Guard. in the FOR FURTHER INFORMATION Dated: January 16, 2018. A copy of the ICR is available through CONTACT section of this document for the docket on the internet at http:// alternate instructions. Documents James D. Roppel, www.regulations.gov. Additionally, mentioned in this notice, and all public Acting Chief, U.S. Coast Guard, Office of copies are available from: Commandant comments, are in our online docket at Information Management. (CG–612), Attn: Paperwork Reduction http://www.regulations.gov and can be [FR Doc. 2018–00955 Filed 1–19–18; 8:45 am] Act Manager, U.S. Coast Guard, 2703 viewed by following that website’s BILLING CODE 9110–04–P Martin Luther King Jr. Ave. SE, Stop instructions. Additionally, if you go to 7710, Washington, DC 20593–7710. the online docket and sign up for email DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: alerts, you will be notified when Mr. SECURITY Anthony Smith, Office of Information comments are posted. We accept anonymous comments. All Management, telephone 202–475–3532, Coast Guard or fax 202–372–8405, for questions on comments received will be posted these documents. without change to http:// [Docket No. USCG–2017–0955] www.regulations.gov and will include SUPPLEMENTARY INFORMATION: any personal information you have Collection of Information Under Public Participation and Request for provided. For more about privacy and Review by Office of Management and Comments the docket, you may review a Privacy Budget; OMB Control Number: 1625– Act notice regarding the Federal Docket 0031 This Notice relies on the authority of Management System in the March 24, the Paperwork Reduction Act of 1995; AGENCY: Coast Guard, DHS. 2005, issue of the Federal Register (70 44 U.S.C. chapter 35, as amended. An ACTION: Thirty-day notice requesting FR 15086). ICR is an application to OIRA seeking OIRA posts its decisions on ICRs comments. the approval, extension, or renewal of a online at http://www.reginfo.gov/public/ Coast Guard collection of information SUMMARY: In compliance with the do/PRAMain after the comment period (Collection). The ICR contains Paperwork Reduction Act of 1995 the for each ICR. An OMB Notice of Action information describing the Collection’s U.S. Coast Guard is forwarding an on each ICR will become available via purpose, the Collection’s likely burden Information Collection Request (ICR), a hyperlink in the OMB Control on the affected public, an explanation of abstracted below, to the Office of Number: 1625–0109. the necessity of the Collection, and Management and Budget (OMB), Office other important information describing Previous Request for Comments of Information and Regulatory Affairs the Collection. There is one ICR for each (OIRA), requesting approval for This request provides a 30-day reinstatement, without change, of the Collection. comment period required by OIRA. The The Coast Guard invites comments on following collection of information: Coast Guard published the 60-day 1625–0031, Plan Approval and Records whether this ICR should be granted notice (82 FR 49641, October 26, 2017) based on the Collection being necessary for Electrical Engineering Regulations— required by 44 U.S.C. 3506(c)(2). That Title 46 CFR Subchapter J. Our ICR for the proper performance of Notice elicited no comments. Departmental functions. In particular, describes the information we seek to Accordingly, no changes have been collect from the public. Review and the Coast Guard would appreciate made to the Collections. comments addressing: (1) The practical comments by OIRA ensure we only utility of the Collection; (2) the accuracy Information Collection Request impose paperwork burdens of the estimated burden of the Title: Drawbridge Operation commensurate with our performance of Collection; (3) ways to enhance the Regulations. duties. quality, utility, and clarity of OMB Control Number: 1625–0109. DATES: Comments must reach the Coast information subject to the Collection; Summary: The Bridge Program Guard and OIRA on or before February and (4) ways to minimize the burden of receives approximately 150 requests 21, 2018. the Collection on respondents, from bridge owners or the general ADDRESSES: You may submit comments including the use of automated public per year to change the operating identified by Coast Guard docket collection techniques or other forms of schedule of various drawbridges across number [USCG–2017–0955] to the Coast information technology. These the navigable waters of the United Guard using the Federal eRulemaking comments will help OIRA determine States. The information needed for the Portal at http://www.regulations.gov.

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Alternatively, you may submit Submitting Comments Frequency: On occasion. comments to OIRA using one of the We encourage you to submit Hour Burden Estimate: The estimated following means: comments through the Federal burden has decreased from 6,843 hours (1) Email: dhsdeskofficer@ eRulemaking Portal at http:// to 6,524 hours a year due to an omb.eop.gov. www.regulations.gov. If your material estimated decrease in the annual (2) Mail: OIRA, 725 17th Street NW, cannot be submitted using http:// number of responses. Washington, DC 20503, attention Desk www.regulations.gov, contact the person Authority: The Paperwork Reduction Act Officer for the Coast Guard. in the FOR FURTHER INFORMATION of 1995; 44 U.S.C. Chapter 35, as amended. A copy of the ICR is available through CONTACT section of this document for Dated: January 11, 2018. the docket on the internet at http:// alternate instructions. Documents www.regulations.gov. Additionally, James D. Roppel, mentioned in this notice, and all public copies are available from: U.S. Coast Guard, Acting Chief, Office of comments, are in our online docket at COMMANDANT (CG–612), ATTN: Information Management. http://www.regulations.gov and can be PAPERWORK REDUCTION ACT [FR Doc. 2018–00987 Filed 1–19–18; 8:45 am] viewed by following that website’s MANAGER, U.S. COAST GUARD, 2703 BILLING CODE 9110–04–P instructions. Additionally, if you go to MARTIN LUTHER KING JR AVE SE, the online docket and sign up for email STOP 7710, WASHINGTON, DC 20593– alerts, you will be notified when 7710. DEPARTMENT OF HOMELAND comments are posted. SECURITY FOR FURTHER INFORMATION CONTACT: We accept anonymous comments. All Contact Mr. Anthony Smith, Office of comments received will be posted Coast Guard Information Management, telephone without change to http:// [Docket No. USCG–2017–0904] 202–475–3532, or fax 202–372–8405, for www.regulations.gov and will include questions on these documents. any personal information you have Collection of Information Under SUPPLEMENTARY INFORMATION: provided. For more about privacy and Review by Office of Management and Public Participation and Request for the docket, you may review a Privacy Budget; OMB Control Number: 1625– Comments Act notice regarding the Federal Docket 0022 Management System in the March 24, This Notice relies on the authority of 2005, issue of the Federal Register (70 AGENCY: Coast Guard, DHS. the Paperwork Reduction Act of 1995; FR 15086). ACTION: Thirty-day notice requesting 44 U.S.C. Chapter 35, as amended. An OIRA posts its decisions on ICRs comments. ICR is an application to OIRA seeking online at http://www.reginfo.gov/public/ the approval, extension, or renewal of a do/PRAMain after the comment period SUMMARY: In compliance with the Coast Guard collection of information for each ICR. An OMB Notice of Action Paperwork Reduction Act of 1995 the (Collection). The ICR contains on each ICR will become available via U.S. Coast Guard is forwarding an information describing the Collection’s a hyperlink in the OMB Control Information Collection Request (ICR), purpose, the Collection’s likely burden Number: 1625–0031. abstracted below, to the Office of on the affected public, an explanation of Management and Budget (OMB), Office the necessity of the Collection, and Previous Request for Comments of Information and Regulatory Affairs other important information describing This request provides a 30-day (OIRA), requesting approval for the Collection. There is one ICR for each comment period required by OIRA. The reinstatement, without change, of the Collection. The Coast Guard invites Coast Guard published the 60-day following collection of information: comments on whether this ICR should notice (82 FR 51284, November 3, 2017) 1625–0022, Application for Tonnage be granted based on the Collection being required by 44 U.S.C. 3506(c)(2). That Measurement of Vessels. Our ICR necessary for the proper performance of Notice elicited no comments. describes the information we seek to Departmental functions. In particular, Accordingly, no changes have been collect from the public. Review and the Coast Guard would appreciate made to the Collection. comments by OIRA ensure we only comments addressing: (1) The practical impose paperwork burdens utility of the Collection; (2) the accuracy Information Collection Request commensurate with our performance of of the estimated burden of the Title: Plan Approval and Records for duties. Collection; (3) ways to enhance the Electrical Engineering Regulations— DATES: Comments must reach the Coast quality, utility, and clarity of Title 46 CFR Subchapter J. Guard and OIRA on or before February information subject to the Collection; OMB Control Number: 1625–0031. 21, 2018. and (4) ways to minimize the burden of Summary: The information is needed ADDRESSES: You may submit comments the Collection on respondents, to ensure compliance with our rules on identified by Coast Guard docket including the use of automated electrical engineering for the design and number [USCG–2017–0904] to the Coast collection techniques or other forms of construction of U.S.-flag commercial Guard using the Federal eRulemaking information technology. These vessels. Portal at http://www.regulations.gov. comments will help OIRA determine Need: Title 46 U.S.C. 3306 and 3703 Alternatively, you may submit whether to approve the ICR referred to authorize the Coast Guard to establish comments to OIRA using one of the in this Notice. rules to promote the safety of life and following means: We encourage you to respond to this property in commercial vessels. The (1) Email: dhsdeskofficer@ request by submitting comments and electrical engineering rules appear at 46 omb.eop.gov. related materials. Comments to Coast CFR chapter I, subchapter J (parts 110 (2) Mail: OIRA, 725 17th Street NW, Guard or OIRA must contain the OMB through 113). Washington, DC 20503, attention Desk Control Number of the ICR. They must Forms: None. Officer for the Coast Guard. also contain the docket number of this Respondents: Owners, operators, A copy of the ICR is available through request, [USCG–2017–0955], and must shipyards, designers, and manufacturers the docket on the internet at http:// be received by February 21, 2018. of vessels. www.regulations.gov. Additionally,

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copies are available from: Commandant http://www.regulations.gov and can be DEPARTMENT OF HOMELAND (CG–612), Attn: Paperwork Reduction viewed by following that website’s SECURITY Act Manager, U.S. Coast Guard, 2703 instructions. Additionally, if you go to Martin Luther King Jr. Ave. SE, Stop the online docket and sign up for email Coast Guard 7710, Washington, DC 20593–7710. alerts, you will be notified when FOR FURTHER INFORMATION CONTACT: Mr. comments are posted. [Docket No. USCG–2017–0879] Anthony Smith, Office of Information We accept anonymous comments. All Management, telephone 202–475–3532, comments received will be posted Collection of Information Under or fax 202–372–8405, for questions on without change to http:// Review by Office of Management and these documents. www.regulations.gov and will include Budget; OMB Control Number: 1625– 0072 SUPPLEMENTARY INFORMATION: any personal information you have provided. For more about privacy and AGENCY: Coast Guard, DHS. Public Participation and Request for the docket, you may review a Privacy Comments Act notice regarding the Federal Docket ACTION: Thirty-day notice requesting This Notice relies on the authority of Management System in the March 24, comments. the Paperwork Reduction Act of 1995; 2005, issue of the Federal Register (70 SUMMARY: In compliance with the 44 U.S.C. Chapter 35, as amended. An FR 15086). Paperwork Reduction Act of 1995 the ICR is an application to OIRA seeking OIRA posts its decisions on ICRs U.S. Coast Guard is forwarding an the approval, extension, or renewal of a online at http://www.reginfo.gov/public/ Information Collection Request (ICR), Coast Guard collection of information do/PRAMain after the comment period abstracted below, to the Office of (Collection). The ICR contains for each ICR. An OMB Notice of Action Management and Budget (OMB), Office information describing the Collection’s on each ICR will become available via of Information and Regulatory Affairs purpose, the Collection’s likely burden a hyperlink in the OMB Control (OIRA), requesting approval for on the affected public, an explanation of Number: 1625–0022. reinstatement, without change, of the the necessity of the Collection, and Previous Request for Comments following collection of information: other important information describing 1625–0072, Waste Management Plans, the Collection. There is one ICR for each This request provides a 30-day Refuse Discharge Logs, and Letters of Collection. The Coast Guard invites comment period required by OIRA. The Instruction for Certain Persons-in- comments on whether this ICR should Coast Guard published the 60-day Charge (PIC) and Great Lakes Dry Cargo be granted based on the Collection being notice (82 FR 49637, October 26, 2017) Residue Recordkeeping. Our ICR necessary for the proper performance of required by 44 U.S.C. 3506(c)(2). That describes the information we seek to Departmental functions. In particular, Notice elicited no comments. collect from the public. Review and the Coast Guard would appreciate Accordingly, no changes have been comments by OIRA ensure we only comments addressing: (1) The practical made to the Collection. impose paperwork burdens utility of the Collection; (2) the accuracy Information Collection Request commensurate with our performance of of the estimated burden of the duties. Collection; (3) ways to enhance the Title: Application for Tonnage quality, utility, and clarity of Measurement of Vessels. DATES: Comments must reach the Coast Guard and OIRA on or before February information subject to the Collection; OMB Control Number: 1625–0022. 21, 2018. and (4) ways to minimize the burden of Summary: The information is used by the Collection on respondents, the Coast Guard to determine a vessel’s ADDRESSES: You may submit comments including the use of automated tonnage. Tonnage in turn helps to identified by Coast Guard docket collection techniques or other forms of determine licensing, inspection, safety number [USCG–2017–0879] to the Coast information technology. These requirements, and operating fees. Guard using the Federal eRulemaking comments will help OIRA determine Portal at http://www.regulations.gov. Need: Under 46 U.S.C. 14104 certain whether to approve the ICR referred to Alternatively, you may submit vessels must be measured for tonnage. in this Notice. comments to OIRA using one of the Coast Guard regulations for this We encourage you to respond to this following means: measurement are contained in 46 CFR request by submitting comments and part 69. (1) Email: dhsdeskofficer@ related materials. Comments to Coast omb.eop.gov. Guard or OIRA must contain the OMB Forms: CG–5397, Application for Simplified Measurement. (2) Mail: OIRA, 725 17th Street NW, Control Number of the ICR. They must Washington, DC 20503, attention Desk also contain the docket number of this Respondents: Owners of vessels. Officer for the Coast Guard. request, [USCG–2017–0904], and must Frequency: On occasion. A copy of the ICR is available through be received by February 21, 2018. Hour Burden Estimate: The estimated the docket on the internet at http:// Submitting Comments burden has increased from 14,610 hours www.regulations.gov. Additionally, to 15,094 hours a year due to an copies are available from: Commandant We encourage you to submit increase in the estimated annual (CG–612), Attn: Paperwork Reduction comments through the Federal number of responses. Act Manager, U.S. Coast Guard, 2703 eRulemaking Portal at http:// Authority: The Paperwork Reduction Act Martin Luther King Jr. Ave. SE, Stop www.regulations.gov. If your material of 1995; 44 U.S.C. Chapter 35, as amended. 7710, Washington, DC 20593–7710. cannot be submitted using http:// www.regulations.gov, contact the person Dated: January 11, 2018. FOR FURTHER INFORMATION CONTACT: in the FOR FURTHER INFORMATION James D. Roppel, Contact Mr. Anthony Smith, Office of CONTACT section of this document for Acting Chief, U.S. Coast Guard, Office of Information Management, telephone alternate instructions. Documents Information Management. 202–475–3532, or fax 202–372–8405, for mentioned in this notice, and all public [FR Doc. 2018–00953 Filed 1–19–18; 8:45 am] questions on these documents. comments, are in our online docket at BILLING CODE 9110–04–P SUPPLEMENTARY INFORMATION:

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Public Participation and Request for provided. For more about privacy and DEPARTMENT OF HOMELAND Comments the docket, you may review a Privacy SECURITY This Notice relies on the authority of Act notice regarding the Federal Docket Coast Guard the Paperwork Reduction Act of 1995; Management System in the March 24, 44 U.S.C. Chapter 35, as amended. An 2005, issue of the Federal Register (70 [Docket No. USCG–2017–0898] ICR is an application to OIRA seeking FR 15086). the approval, extension, or renewal of a OIRA posts its decisions on ICRs Collection of Information Under Coast Guard collection of information online at http://www.reginfo.gov/public/ Review by Office of Management and (Collection). The ICR contains do/PRAMain after the comment period Budget; OMB Control Number: 1625– information describing the Collection’s for each ICR. An OMB Notice of Action 0092 purpose, the Collection’s likely burden on each ICR will become available via AGENCY: Coast Guard, DHS. a hyperlink in the OMB Control on the affected public, an explanation of ACTION: Thirty day notice requesting the necessity of the Collection, and Number: 1625–0072. comments. other important information describing Previous Request for Comments the Collection. There is one ICR for each SUMMARY: In compliance with the Collection. This request provides a 30-day Paperwork Reduction Act of 1995 the The Coast Guard invites comments on comment period required by OIRA. The U.S. Coast Guard is forwarding an whether this ICR should be granted Coast Guard published the 60-day Information Collection Request (ICR), based on the Collection being necessary notice (82 FR 48838, October 20, 2017) abstracted below, to the Office of for the proper performance of required by 44 U.S.C. 3506(c)(2). That Management and Budget (OMB), Office Departmental functions. In particular, Notice elicited no comments. of Information and Regulatory Affairs the Coast Guard would appreciate Accordingly, no changes have been (OIRA), requesting approval for comments addressing: (1) The practical made to the Collections. reinstatement, without change, of the utility of the Collection; (2) the accuracy following collection of information: of the estimated burden of the Information Collection Request 1625–0092, Sewage and Graywater Collection; (3) ways to enhance the Title: Waste Management Plans, Discharge Records for Certain Cruise quality, utility, and clarity of Refuse Discharge Logs, and Letters of Vessels Operating on Alaskan Waters. information subject to the Collection; Instruction for Certain Persons-in- Our ICR describes the information we and (4) ways to minimize the burden of Charge (PIC) and Great Lakes Dry Cargo seek to collect from the public. Review the Collection on respondents, Residue Recordkeeping. and comments by OIRA ensure we only including the use of automated impose paperwork burdens OMB Control Number: 1625–0072. collection techniques or other forms of commensurate with our performance of information technology. These Summary: This information is needed duties. comments will help OIRA determine to ensure that: (1) Certain U.S. DATES: Comments must reach the Coast whether to approve the ICR referred to oceangoing vessels develop and Guard and OIRA on or before February in this Notice. maintain a waste management plan; (2) 21, 2018. We encourage you to respond to this certain U.S. oceangoing vessels ADDRESSES: You may submit comments request by submitting comments and maintain refuse discharge records; (3) identified by Coast Guard docket related materials. Comments to Coast certain individuals that act as person-in- number [USCG–2017–0898] to the Coast Guard or OIRA must contain the OMB charge of the transfer of fuel receive a Guard using the Federal eRulemaking Control Number of the ICR. They must letter of instruction, for prevention of Portal at http://www.regulations.gov. also contain the docket number of this pollution; and (4) certain Great Lakes Alternatively, you may submit request, [USCG–2017–0879], and must vessels comply with dry cargo residue comments to OIRA using one of the be received by February 21, 2018. requirements. following means: Need: This collection of information (1) Email: dhsdeskofficer@ Submitting Comments is needed as part of the Coast Guard’s omb.eop.gov. We encourage you to submit pollution prevention compliance (2) Mail: OIRA, 725 17th Street NW, comments through the Federal program. Washington, DC 20503, attention Desk eRulemaking Portal at http:// Forms: None. Officer for the Coast Guard. www.regulations.gov. If your material A copy of the ICR is available through cannot be submitted using http:// Respondents: Owners, operators, the docket on the internet at http:// www.regulations.gov, contact the person masters, and persons-in-charge of www.regulations.gov. Additionally, in the FOR FURTHER INFORMATION vessels. copies are available from: Commandant CONTACT section of this document for Frequency: On occasion. (CG–612), Attn: Paperwork Reduction alternate instructions. Documents Hour Burden Estimate: The estimated Act Manager, U.S. Coast Guard, 2703 mentioned in this notice, and all public burden has increased from 65,696 hours Martin Luther King Jr. Ave. SE, Stop comments, are in our online docket at to 116,095 hours a year due to an 7710, Washington, DC 20593–7710. http://www.regulations.gov and can be estimated increase in the annual FOR FURTHER INFORMATION CONTACT: Mr. viewed by following that website’s number of respondents. Anthony Smith, Office of Information instructions. Additionally, if you go to Authority: The Paperwork Reduction Act Management, telephone 202–475–3532, the online docket and sign up for email of 1995; 44 U.S.C. Chapter 35, as amended. or fax 202–372–8405, for questions on alerts, you will be notified when these documents. Dated: January 11, 2018. comments are posted. SUPPLEMENTARY INFORMATION: We accept anonymous comments. All James D. Roppel, comments received will be posted U.S. Coast Guard, Acting Chief, Office of Public Participation and Request for without change to http:// Information Management. Comments www.regulations.gov and will include [FR Doc. 2018–00988 Filed 1–19–18; 8:45 am] This Notice relies on the authority of any personal information you have BILLING CODE 9110–04–P the Paperwork Reduction Act of 1995;

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44 U.S.C. Chapter 35, as amended. An OIRA posts its decisions on ICRs ACTION: Thirty-day notice requesting ICR is an application to OIRA seeking online at http://www.reginfo.gov/public/ comments. the approval, extension, or renewal of a do/PRAMain after the comment period Coast Guard collection of information for each ICR. An OMB Notice of Action SUMMARY: In compliance with the (Collection). The ICR contains on each ICR will become available via Paperwork Reduction Act of 1995 the information describing the Collection’s a hyperlink in the OMB Control U.S. Coast Guard is forwarding an purpose, the Collection’s likely burden Number: 1625–0092. Information Collection Request (ICR), on the affected public, an explanation of abstracted below, to the Office of the necessity of the Collection, and Previous Request for Comments Management and Budget (OMB), Office other important information describing This request provides a 30-day of Information and Regulatory Affairs the Collection. There is one ICR for each comment period required by OIRA. The (OIRA), requesting approval for Collection. The Coast Guard invites Coast Guard published the 60-day reinstatement, without change, of the comments on whether this ICR should notice (82 FR 49037, October 23, 2017) following collection of information: be granted based on the Collection being required by 44 U.S.C. 3506(c)(2). That 1625–0106, Unauthorized Entry into necessary for the proper performance of Notice elicited no comments. Cuban Territorial Waters. Our ICR Departmental functions. In particular, Accordingly, no changes have been describes the information we seek to the Coast Guard would appreciate made to the Collection. collect from the public. Review and comments addressing: (1) The practical comments by OIRA ensure we only utility of the Collection; (2) the accuracy Information Collection Request impose paperwork burdens of the estimated burden of the Title: Sewage and Graywater commensurate with our performance of Collection; (3) ways to enhance the Discharge Records for Certain Cruise duties. quality, utility, and clarity of Vessels Operating on Alaskan Waters. DATES: Comments must reach the Coast information subject to the Collection; OMB Control Number: 1625–0092. Guard and OIRA on or before February and (4) ways to minimize the burden of Summary: To comply with the Title 21, 2018. the Collection on respondents, XIV of Public Law 106–554, this ADDRESSES: You may submit comments including the use of automated information collection is needed to identified by Coast Guard docket collection techniques or other forms of enforce sewage and graywater number [USCG–2017–0949] to the Coast information technology. These discharges requirements from certain Guard using the Federal eRulemaking comments will help OIRA determine cruise ships operating on Alaskan Portal at http://www.regulations.gov. whether to approve the ICR referred to waters. Alternatively, you may submit in this Notice. Need: Title 33 CFR part 159 subpart comments to OIRA using one of the We encourage you to respond to this E prescribe regulations governing the following means: request by submitting comments and discharge of sewage and graywater from (1) Email: dhsdeskofficer@ related materials. Comments to Coast cruise vessels, requires sampling and omb.eop.gov. Guard or OIRA must contain the OMB testing of sewage and graywater (2) Mail: OIRA, 725 17th Street NW, Control Number of the ICR. They must discharges, and establishes reporting Washington, DC 20503, attention Desk also contain the docket number of this and recordkeeping requirements. Officer for the Coast Guard. request, [USCG–2017–0898], and must Forms: None. A copy of the ICR is available through be received by February 21, 2018. Respondents: Owners, operators and the docket on the internet at http:// Submitting Comments masters of vessels. www.regulations.gov. Additionally, We encourage you to submit Frequency: On occasion. copies are available from: Commandant comments through the Federal Hour Burden Estimate: The estimated (CG–612), Attn: Paperwork Reduction eRulemaking Portal at http:// burden has decreased from 1,218 hours Act Manager, U.S. Coast Guard, 2703 www.regulations.gov. If your material to 404 hours a year due to a decrease in Martin Luther King Jr. Ave. SE, Stop cannot be submitted using http:// the number of respondents. 7710, Washington, DC 20593–7710. www.regulations.gov, contact the person Authority: The Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: in the FOR FURTHER INFORMATION of 1995; 44 U.S.C. Chapter 35, as amended. Contact Mr. Anthony Smith, Office of Information Management, telephone CONTACT section of this document for Dated: January 11, 2018. 202–475–3532, or fax 202–372–8405, for alternate instructions. Documents James D. Roppel, mentioned in this notice, and all public questions on these documents. Acting Chief, U.S. Coast Guard, Office of comments, are in our online docket at Information Management. SUPPLEMENTARY INFORMATION: http://www.regulations.gov and can be [FR Doc. 2018–00952 Filed 1–19–18; 8:45 am] Public Participation and Request for viewed by following that website’s BILLING CODE 9110–04–P Comments instructions. Additionally, if you go to the online docket and sign up for email This Notice relies on the authority of the Paperwork Reduction Act of 1995; alerts, you will be notified when DEPARTMENT OF HOMELAND 44 U.S.C. Chapter 35, as amended. An comments are posted. SECURITY We accept anonymous comments. All ICR is an application to OIRA seeking comments received will be posted Coast Guard the approval, extension, or renewal of a without change to http:// Coast Guard collection of information www.regulations.gov and will include (Collection). The ICR contains any personal information you have [Docket No. USCG–2017–0949] information describing the Collection’s provided. For more about privacy and Collection of Information Under purpose, the Collection’s likely burden the docket, you may review a Privacy Review by Office of Management and on the affected public, an explanation of Act notice regarding the Federal Docket Budget; OMB Control Number: 1625– the necessity of the Collection, and Management System in the March 24, 0106 other important information describing 2005, issue of the Federal Register (70 the Collection. There is one ICR for each FR 15086). AGENCY: Coast Guard, DHS. Collection. The Coast Guard invites

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comments on whether this ICR should notice (82 FR 48837, October 20, 2017) after the normalization of relations with be granted based on the Collection being required by 44 U.S.C. 3506(c)(2). That the Cuban government. necessary for the proper performance of Notice elicited no comments. Authority: The Paperwork Reduction Act Departmental functions. In particular, Accordingly, no changes have been of 1995; 44 U.S.C. Chapter 35, as amended. the Coast Guard would appreciate made to the Collections. comments addressing: (1) The practical Dated: January 16, 2018. utility of the Collection; (2) the accuracy Information Collection Request James D. Roppel, of the estimated burden of the Title: Unauthorized Entry into Cuban Acting Chief, U.S. Coast Guard, Office of Collection; (3) ways to enhance the Territorial Waters. Information Management. quality, utility, and clarity of OMB Control Number: 1625–0106. [FR Doc. 2018–01043 Filed 1–19–18; 8:45 am] information subject to the Collection; Summary: The Coast Guard, pursuant BILLING CODE 9110–04–P and (4) ways to minimize the burden of to Presidential proclamation and order the Collection on respondents, of the Secretary of Homeland Security, including the use of automated is requiring U.S. vessels, and vessels DEPARTMENT OF HOMELAND collection techniques or other forms of without nationality, less than 100 SECURITY information technology. These meters, located within the internal Coast Guard comments will help OIRA determine waters or the 12 nautical mile territorial whether to approve the ICR referred to sea of the United States, that thereafter [Docket No. USCG–2017–0950] in this Notice. enter Cuban territorial waters, to apply We encourage you to respond to this for and receive a Coast Guard permit. Collection of Information Under request by submitting comments and Need: The information is collected to Review by Office of Management and related materials. Comments to Coast regulate departure from U.S. territorial Budget; OMB Control Number: 1625– Guard or OIRA must contain the OMB waters of U.S. vessels, and vessels 0024 Control Number of the ICR. They must without nationality, and entry thereafter AGENCY: Coast Guard, DHS. also contain the docket number of this into Cuban territorial waters. The need request, [USCG–2017–0949], and must to regulate this vessel traffic supports ACTION: Thirty-day notice requesting be received by February 21, 2018. ongoing efforts to enforce the Cuban comments. embargo, which is designed to bring SUMMARY: In compliance with the Submitting Comments about an end to the current government Paperwork Reduction Act of 1995 the We encourage you to submit and a peaceful transition to democracy. U.S. Coast Guard is forwarding an comments through the Federal Accordingly, only applicants that Information Collection Request (ICR), eRulemaking Portal at http:// demonstrate prior U.S. government abstracted below, to the Office of www.regulations.gov. If your material approval for exports to and transactions Management and Budget (OMB), Office cannot be submitted using http:// with Cuba will be issued a Coast Guard of Information and Regulatory Affairs www.regulations.gov, contact the person permit. (OIRA), requesting approval for in the FOR FURTHER INFORMATION The permit regulation requires that reinstatement, without change, of the CONTACT section of this document for applicants hold United States following collection of information: alternate instructions. Documents Department of Commerce, Bureau of 1625–0024, Safety Approval of Cargo mentioned in this notice, and all public Industry and Security (BIS) and U.S. Containers. Our ICR describes the comments, are in our online docket at Department of Treasury the Office of information we seek to collect from the http://www.regulations.gov and can be Foreign Assets Control (OFAC) licenses public. Review and comments by OIRA viewed by following that website’s that permit exports to and transactions ensure we only impose paperwork instructions. Additionally, if you go to with Cuba. The USCG permit process burdens commensurate with our the online docket and sign up for email thus allows the agency to collect performance of duties. alerts, you will be notified when information from applicants about their comments are posted. status vis-a`-vis BIS and OFAC licenses DATES: Comments must reach the Coast We accept anonymous comments. All and monitor compliance with BIS and Guard and OIRA on or before February comments received will be posted OFAC regulations. These two agencies 21, 2018. without change to http:// administer statutes and regulations that ADDRESSES: You may submit comments www.regulations.gov and will include proscribe exports to (BIS) and identified by Coast Guard docket any personal information you have transactions with (OFAC) Cuba. number [USCG–2017–0950] to the Coast provided. For more about privacy and Accordingly, in order to assist BIS and Guard using the Federal eRulemaking the docket, you may review a Privacy OFAC in the enforcement of these Portal at http://www.regulations.gov. Act notice regarding the Federal Docket license requirements, as directed by the Alternatively, you may submit Management System in the March 24, President and the Secretary of comments to OIRA using one of the 2005, issue of the Federal Register (70 Homeland Security, the Coast Guard is following means: FR 15086). requiring certain U.S. vessels, and (1) Email: dhsdeskofficer@ OIRA posts its decisions on ICRs vessels without nationality, to omb.eop.gov. online at http://www.reginfo.gov/public/ demonstrate that they hold these (2) Mail: OIRA, 725 17th Street NW, do/PRAMain after the comment period licenses before they depart for Cuban Washington, DC 20503, attention Desk for each ICR. An OMB Notice of Action waters. Officer for the Coast Guard. on each ICR will become available via Forms: CG–3300, Application for A copy of the ICR is available through a hyperlink in the OMB Control Permit to Enter Cuban Territorial Seas. the docket on the internet at http:// Number: 1625–0106. Respondents: Owners and operators www.regulations.gov. Additionally, of vessels. copies are available from: Commandant Previous Request for Comments Frequency: On occasion. (CG–612), Attn: Paperwork Reduction This request provides a 30-day Hour Burden Estimate: The estimated Act Manager, U.S. Coast Guard, 2703 comment period required by OIRA. The burden has increased to 351 hours per Martin Luther King Jr. Ave. SE, Stop Coast Guard published the 60-day year due to an increase in applicants 7710, Washington, DC 20593–7710.

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FOR FURTHER INFORMATION CONTACT: Mr. alerts, you will be notified when Authority: The Paperwork Reduction Act Anthony Smith, Office of Information comments are posted. of 1995; 44 U.S.C. chapter 35, as amended. Management, telephone 202–475–3532, We accept anonymous comments. All Dated: January 11, 2018. or fax 202–372–8405, for questions on comments received will be posted James D. Roppel, these documents. without change to http:// U.S. Coast Guard, Acting Chief, Office of SUPPLEMENTARY INFORMATION: www.regulations.gov and will include Information Management. any personal information you have [FR Doc. 2018–00954 Filed 1–19–18; 8:45 am] Public Participation and Request for provided. For more about privacy and BILLING CODE 9110–04–P Comments the docket, you may review a Privacy This Notice relies on the authority of Act notice regarding the Federal Docket the Paperwork Reduction Act of 1995; Management System in the March 24, DEPARTMENT OF HOMELAND 44 U.S.C. Chapter 35, as amended. An 2005, issue of the Federal Register (70 SECURITY ICR is an application to OIRA seeking FR 15086). the approval, extension, or renewal of a OIRA posts its decisions on ICRs Office of the Secretary Coast Guard collection of information online at http://www.reginfo.gov/public/ Determination Pursuant to Section 102 (Collection). The ICR contains do/PRAMain after the comment period of the Illegal Immigration Reform and information describing the Collection’s for each ICR. An OMB Notice of Action Immigrant Responsibility Act of 1996, purpose, the Collection’s likely burden on each ICR will become available via as Amended on the affected public, an explanation of a hyperlink in the OMB Control the necessity of the Collection, and Number: 1625–0024. AGENCY: Office of the Secretary, other important information describing Previous Request for Comments Department of Homeland Security. the Collection. There is one ICR for each ACTION: Notice of determination. Collection. This request provides a 30-day The Coast Guard invites comments on comment period required by OIRA. The SUMMARY: The Secretary of Homeland whether this ICR should be granted Coast Guard published the 60-day Security has determined, pursuant to based on the Collection being necessary notice (82 FR 49038, October 23, 2017) law, that it is necessary to waive certain for the proper performance of required by 44 U.S.C. 3506(c)(2). That laws, regulations and other legal Departmental functions. In particular, Notice elicited no comments. requirements in order to ensure the the Coast Guard would appreciate Accordingly, no changes have been expeditious construction of barriers and comments addressing: (1) The practical made to the Collection. roads in the vicinity of the international land border of the United States near the utility of the Collection; (2) the accuracy Information Collection Request of the estimated burden of the Santa Teresa Land Port of Entry in the Collection; (3) ways to enhance the Title: Safety Approval of Cargo state of New Mexico. quality, utility, and clarity of Containers. DATES: This determination takes effect information subject to the Collection; Omb Control Number: 1625–0024. on January 22, 2018. and (4) ways to minimize the burden of Summary: This information collection SUPPLEMENTARY INFORMATION: The the Collection on respondents, is associated with requirements for principal mission requirements of the including the use of automated owners and manufacturers of cargo Department of Homeland Security collection techniques or other forms of containers to submit information and (‘‘DHS’’) include border security and the information technology. These keep records associated with the detection and prevention of illegal entry comments will help OIRA determine approval and inspection of those into the United States. Border security whether to approve the ICR referred to containers. This information is required is critical to the nation’s national in this Notice. to ensure compliance with the security. Recognizing the critical We encourage you to respond to this International Convention for Safe importance of border security, Congress request by submitting comments and Containers (CSC), 29 U.S.T. 3707; has ordered DHS to achieve and related materials. Comments to Coast T.I.A.S. 9037. maintain operational control of the Guard or OIRA must contain the OMB Need: This collection of information international land border. Secure Fence Control Number of the ICR. They must addresses the reporting and Act of 2006, Public Law 109–367, 2, 120 also contain the docket number of this recordkeeping requirements for Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701 request, [USCG–2017–0950], and must containers in 49 CFR parts 450 through note). Congress defined ‘‘operational be received by February 21, 2018. 453. These rules are necessary since the control’’ as the prevention of all U.S. is signatory to the CSC. The CSC unlawful entries into the United States, Submitting Comments requires all containers to be safety including entries by terrorists, other We encourage you to submit approved prior to being used in trade. unlawful aliens, instruments of comments through the Federal These rules prescribe only the minimum terrorism, narcotics, and other eRulemaking Portal at http:// requirements of the CSC. contraband. Id. Consistent with that www.regulations.gov. If your material Forms: None. mandate from Congress, the President’s cannot be submitted using http:// Respondents: Owners and Executive Order on Border Security and www.regulations.gov, contact the person manufacturers of containers, and Immigration Enforcement Improvements in the FOR FURTHER INFORMATION organizations that the Coast Guard directed executive departments and CONTACT section of this document for delegates to act as an approval agencies to deploy all lawful means to alternate instructions. Documents authority. secure the southern border. Executive mentioned in this notice, and all public Frequency: On occasion. Order 13767, § 1. To achieve this end, comments, are in our online docket at Hour Burden Estimate: The estimated the President directed, among other http://www.regulations.gov and can be burden has increased from 98,452 hours things, that I take immediate steps to viewed by following that website’s to 117,271 hours a year due to an prevent all unlawful entries into the instructions. Additionally, if you go to increase in the estimated number of United States, to include the immediate the online docket and sign up for email responses. construction of physical infrastructure

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to prevent illegal entry. Executive Order To begin to meet the need for me by section 102(c) of the IIRIRA as 13767, § 4(a). enhanced border infrastructure in the El amended. Congress has provided the Secretary Paso Sector, DHS will take immediate Accordingly, pursuant to section of Homeland Security with a number of action to replace existing vehicle barrier 102(c) of IIRIRA, I hereby waive in their authorities necessary to carry out DHS’s with bollard wall. Vehicle barrier entirety, with respect to the border security mission. One of these replacement in the El Paso Sector is construction of roads and physical authorities is found at section 102 of the among DHS’s highest priority border barriers (including, but not limited to, Illegal Immigration Reform and security requirements. The vehicle accessing the project area, creating and Immigrant Responsibility Act of 1996 barrier replacement will take place using staging areas, the conduct of (‘‘IIRIRA’’). Public Law 104–208, Div. C, along an approximately twenty mile earthwork, excavation, fill, and site 110 Stat. 3009–546, 3009–554 (Sept. 30, segment of the border that starts at the preparation, and installation and 1996) (8 U.S.C 1103 note), as amended Santa Teresa Land Port of Entry and upkeep of physical barriers, roads, by the REAL ID Act of 2005, Public Law extends westward. This approximately supporting elements, drainage, erosion 109–13, Div. B, 119 Stat. 231, 302, 306 twenty mile segment of the border is controls, and safety features) in the (May 11, 2005) (8 U.S.C. 1103 note), as referred to herein as the ‘‘project area’’ project area, the following statutes, amended by the Secure Fence Act of and is more specifically described in including all federal, state, or other 2006, Public Law 109–367, 3, 120 Stat. Section 2 below. laws, regulations and legal requirements 2638 (Oct. 26, 2006) (8 U.S.C. 1103 Although the existing vehicle barrier of, deriving from, or related to the note), as amended by the Department of has aided border enforcement within subject of, the following statutes, as Homeland Security Appropriations Act, the project area, Border Patrol must amended: The National Environmental 2008, Public Law 110–161, Div. E, Title have a more effective means of deterring Policy Act (Pub. L. 91–190, 83 Stat. 852 V, § 564, 121 Stat. 2090 (Dec. 26, 2007). and preventing illegal crossings. The (Jan. 1, 1970) (42 U.S.C. 4321 et seq.)), In section 102(a) of IIRIRA, Congress area within Mexico that is situated the Endangered Species Act (Pub. L. 93– provided that the Secretary of across the border from the project area 205, 87 Stat. 884 (Dec. 28, 1973) (16 Homeland Security shall take such has a population of almost two million U.S.C. 1531 et seq.)), the Federal Water actions as may be necessary to install people, including the city of Ciudad Pollution Control Act (commonly additional physical barriers and roads Juarez. The close proximity of this referred to as the Clean Water Act (33 (including the removal of obstacles to heavily populated area and its urban U.S.C. 1251 et seq.)), the National detection of illegal entrants) in the infrastructure creates opportunities for Historic Preservation Act (Pub. L. 89– vicinity of the United States border to illegal entrants to gain quick and 665, 80 Stat. 915 (Oct. 15, 1966), as deter illegal crossings in areas of high immediate access to the border. On the amended, repealed, or replaced by Pub. illegal entry into the United States. In United States side of the border, the L. 113–287 (Dec. 19, 2014) (formerly section 102(b) of IIRIRA, Congress has eastern portion of the project area codified at 16 U.S.C. 470 et seq., now called for the installation of additional includes developed areas where illegal codified at 54 U.S.C. 100101 note and fencing, barriers, roads, lighting, aliens can quickly blend into the 54 U.S.C. 300101 et seq.)), the Migratory cameras, and sensors on the southwest population and have ready access to Bird Treaty Act (16 U.S.C. 703 et seq.), border. Finally, in section 102(c) of roads, highways, and other the Migratory Bird Conservation Act (16 IIRIRA, Congress granted to the infrastructure. The western portion of U.S.C. 715 et seq.), the Clean Air Act (42 Secretary of Homeland Security the the project area is made up of desert U.S.C. 7401 et seq.), the Archeological authority to waive all legal requirements areas where there is little to no natural Resources Protection Act (Pub. L. 96–95 that I, in my sole discretion, determine terrain that deters illegal crossings and (16 U.S.C. 470aa et seq.)), the necessary to ensure the expeditious illegal aliens can quickly access state Paleontological Resources Preservation construction of barriers and roads highways as a means of travel into the Act (16 U.S.C. 470aaa et seq.), the authorized by section 102 of IIRIRA. interior of the United States. Replacing Federal Cave Resources Protection Act Determination and Waiver the existing vehicle barrier with bollard of 1988 (16 U.S.C. 4301 et seq.), the Safe wall within the project area will Drinking Water Act (42 U.S.C. 300f et Section 1 improve Border Patrol’s operational seq.), the Noise Control Act (42 U.S.C. The United States Border Patrol’s El efficiency and, in turn, further deter and 4901 et seq.), the Solid Waste Disposal Paso Sector is an area of high illegal prevent illegal crossings. Act, as amended by the Resource entry. For example, in fiscal year 2016, Section 2 Conservation and Recovery Act (42 the United States Border Patrol (‘‘Border U.S.C. 6901 et seq.), the Comprehensive Patrol’’) apprehended over 25,000 illegal I determine that the following area in Environmental Response, aliens and seized approximately 67,000 the vicinity of the United States border, Compensation, and Liability Act (42 pounds of marijuana and approximately located in the State of New Mexico U.S.C. 9601 et seq.), the Archaeological 157 pounds of cocaine. Since the within the United States Border Patrol’s and Historic Preservation Act (Pub. L. creation of DHS, and through the El Paso Sector is an area of high illegal 86–523, as amended, repealed, or construction of border infrastructure entry (the ‘‘project area’’): Starting at the replaced by Pub. L. 113–287 (Dec. 19, and other operational improvements, Santa Teresa Land Port of Entry and 2014) (formerly codified at 16 U.S.C. the Border Patrol has been able to make extending west to Border Monument 10. 469 et seq., now codified at 54 U.S.C. significant gains in border security There is presently a need to construct 312502 et seq.)), the Antiquities Act within the El Paso Sector; however, physical barriers and roads in the (formerly codified at 16 U.S.C. 431 et more work needs to be done. In fact, in vicinity of the border of the United seq., now codified 54 U.S.C. 320301 et recent years, the El Paso Sector has seen States to deter illegal crossings in the seq.), the Historic Sites, Buildings, and an increase in apprehensions. The El project area. In order to ensure the Antiquities Act (formerly codified at 16 Paso Sector therefore remains an area of expeditious construction of the barriers U.S.C. 461 et seq., now codified at 54 high illegal entry for which there is an and roads in the project area, I have U.S.C. 3201–320303 & 320101–320106), immediate need to construct border determined that it is necessary that I the Farmland Protection Policy Act (7 barriers and roads. exercise the authority that is vested in U.S.C. 4201 et seq.), the Federal Land

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Policy and Management Act (Pub. L. DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: 94–579 (43 U.S.C. 1701 et seq.)), Gregory Koob, U.S. Fish and Wildlife National Fish and Wildlife Act of 1956 Fish and Wildlife Service Service, Pacific Islands Fish and (Pub. L. 84–1024 (16 U.S.C. 742a, et [FWS–R1–ES–2017–N139; Wildlife Office (see ADDRESSES), 808– seq.)), the Fish and Wildlife FXES11130100000C4–178–FF01E00000] 792–9400 (for species in Hawaii); Tom Coordination Act (Pub. L. 73–121 (16 McDowell, U.S. Fish and Wildlife U.S.C. 661 et seq.)), the Administrative Endangered and Threatened Wildlife Service, Washington Fish and Wildlife Procedure Act (5 U.S.C. 551 et seq.), the and Plants; Initiation of 5-Year Status Office, 360–753–9440 (for Columbia Eagle Protection Act (16 U.S.C. 668 et Reviews for 18 Species in Hawaii, Basin pygmy rabbit, Castilleja levisecta, Oregon, Washington, Idaho, and seq.), the Native American Graves Hackelia venusta, and Sidalcea oregana Canada Protection and Repatriation Act (25 var. calva); or Tracy Melbihess, U.S. Fish and Wildlife Service, Idaho Fish U.S.C. 3001 et seq.), and the American AGENCY: Fish and Wildlife Service, and Wildlife Office, 208–378–5287 (for Indian Religious Freedom Act (42 U.S.C. Interior. white sturgeon and Snake River physa 1996). ACTION: Notice of initiation of reviews; snail). Individuals who are hearing This waiver does not repeal the request for information. impaired or speech impaired may call previous waiver published in the SUMMARY: We, the U.S. Fish and the Federal Relay Service at 800–877– Federal Register on April 8, 2008 (73 FR Wildlife Service (Service), are initiating 8339 for TTY assistance. 19078). I reserve the authority to make 5-year status reviews for 18 species in SUPPLEMENTARY INFORMATION: further waivers from time to time as I Hawaii, Oregon, Washington, Idaho, and Why do we conduct 5-year reviews? may determine to be necessary under Canada under the Endangered Species section 102 of the IIRIRA, as amended. Act of 1973, as amended (Act). A 5-year Under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et Dated: January 10, 2018. status review is based on the best scientific and commercial data available seq.; Act), we maintain lists of Kirstjen M. Nielsen, at the time of the review; therefore, we endangered and threatened wildlife and Secretary of Homeland Security. are requesting submission of any new plant speciess (referred to as the List) in [FR Doc. 2018–00996 Filed 1–19–18; 8:45 am] information on these species that has the Code of Federal Regulations (CFR) at BILLING CODE 9111–14–P become available since the last review. 50 CFR 17.11 (for wildlife) and 17.12 (for plants). Section 4(c)(2) of the Act DATES: To ensure consideration in our reviews, we are requesting submission requires us to review each listed DEPARTMENT OF HOMELAND of new information no later than March species’ status at least once every 5 SECURITY 23, 2018. However, we will continue to years. For additional information about accept new information about any listed 5-year reviews, go to http:// U.S. Citizenship and Immigration species at any time. www.fws.gov/endangered/what-we-do/ Services recovery-overview.html, scroll down to ADDRESSES: Submit information on any ‘‘Learn more about 5-Year Reviews,’’ of the 12 species in Hawaii (see table and click on the ‘‘5-Year Reviews’’ link. [CIS No. 2616–18; DHS Docket No. USCIS– under What Species Are Under 2008–0034] Review?) via U.S. mail to: Field What information do we consider in Supervisor, Attention: 5-Year Review, our review? RIN 1615–ZB71 U.S. Fish and Wildlife Service, Pacific A 5-year review considers all new Islands Fish and Wildlife Office, 300 information available at the time of the Termination of the Designation of El Ala Moana Blvd., Room 3–122, review. In conducting these reviews, we Salvador for Temporary Protected Honolulu, HI 96850, or by email to consider the best scientific and _ Status pifwo [email protected]. commercial data that have become For the Columbia Basin pygmy rabbit, Correction available since the listing determination Castilleja levisecta, Hackelia venusta, or most recent status review, such as: In notice document 2018–00885, and Sidalcea oregana var. calva, submit (A) Species biology, including but not information via U.S. mail to: Field appearing on pages 2654 through 2660 limited to population trends, Supervisor, Attention: 5-Year Review, in the issue of Thursday, January 18, distribution, abundance, demographics, U.S. Fish and Wildlife Service, 2018, make the following correction: and genetics; Washington Fish and Wildlife Office, (B) Habitat conditions, including but On page 2655, in the first column, in 510 Desmond Dr. SE, Suite 102, Lacey, not limited to amount, distribution, and the SUPPLEMENTARY INFORMATION section, WA 98503, or by email to WFWO_LR@ suitability; twenty-one lines from the bottom, fws.gov. (C) Conservation measures that have ‘‘January 19, 2018’’ should read For the Snake River physa snail, been implemented that benefit the ‘‘January 18, 2018’’. submit information via U.S. mail to: species; [FR Doc. C1–2018–00885 Filed 1–19–18; 8:45 am] Field Supervisor; Attention: 5-Year (D) Threat status and trends in Review; U.S. Fish and Wildlife Service; relation to the five listing factors (as BILLING CODE 1301–00–D Idaho Fish and Wildlife Office; 1387 S. defined in section 4(a)(1) of the Act); Vinnell Way, Suite 368, Boise, ID 83709, and or by email to [email protected]. (E) Other new information, data, or For the white sturgeon, submit corrections, including but not limited to information via U.S. mail to: Field taxonomic or nomenclatural changes, Supervisor; Attention: 5-Year Review, identification of erroneous information U.S. Fish and Wildlife Service, Northern contained in the List, and improved Idaho Field Office, 11103 East analytical methods. Montgomery Dr., Spokane, WA 99206, Any new information will be or by email to [email protected]. considered during the 5-year review and

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will also be useful in evaluating the What species are under review? ongoing recovery programs for these This notice announces our active species. review of the 18 species listed in the table below.

SPECIES FOR WHICH THE U.S. FISH AND WILDLIFE SERVICE IS INITIATING 5-YEAR STATUS REVIEWS

Final listing rule Common name Scientific name Status Where listed (Federal Register citation and publication date)

Animals

Hawaiian hoary bat ...... Lasiurus cinereus semotus ...... Endangered ..... Wherever found (Hawaii) ...... 35 FR 16047, 10/13/1970. Columbia Basin pygmy rabbit ...... Brachylagus idahoensis ...... Endangered ..... U.S.A. (Washington—Douglas, Grant, 68 FR 10388, 3/5/2003. Lincoln, Adams, Benton Counties). Hawaiian stilt ...... Himantopus mexicanus knudseni ...... Endangered ..... Wherever found (Hawaii) ...... 35 FR 16047, 10/13/1970. White Sturgeon (Kootenai River DPS) Acipenser transmontanus ...... Endangered ..... U.S.A. (Idaho, Montana), Canada 59 FR 45989, 9/6/1994. (British Columbia) (Kootenai River system). Snake River physa snail ...... Physa natricina ...... Endangered ..... Wherever found (Idaho) ...... 57 FR 59244, 12/14/1992. Pacific Hawaiian damselfly ...... Megalagrion pacificum ...... Endangered ..... Wherever found (Hawaii) ...... 52 FR 21481, 6/5/1987 Blackburn’s sphinx moth ...... Manduca blackburni ...... Endangered ..... Wherever found (Hawaii) ...... 65 FR 4770, 2/1/2000.

Plants

Kooloaula ...... Abutilon menziesii ...... Endangered ..... Wherever found (Hawaii) ...... 51 FR 34412, 9/26/1986. Golden paintbrush ...... Castilleja levisecta ...... Threatened ...... Wherever found (Oregon, Wash- 62 FR 31740, 6/11/1997. ington, British Columbia). Haha ...... Cyanea grimesiana ssp. grimesiana Endangered ..... Wherever found (Hawaii) ...... 61 FR 53108, 10/10/1996. Showy stickseed ...... Hackelia venusta ...... Endangered ..... Wherever found (Washington) ...... 67 FR 5515, 2/6/2002. Awiwi ...... Kadua cookiana ...... Endangered ..... Wherever found (Hawaii) ...... 59 FR 9304, 2/25/1994. Ihi’ihi ...... Marsilea villosa ...... Endangered ..... Wherever found (Hawaii) ...... 57 FR 27863, 6/22/1992. Carter’s panicgrass ...... Panicum fauriei var. carteri ...... Endangered ..... Wherever found (Hawaii) ...... 48 FR 46328, 10/12/1983. Wahane ...... Pritchardia aylmer-robinsonii ...... Endangered ..... Wherever found (Hawaii) ...... 61 FR 41020, 8/7/1996. No common name ...... Sanicula purpurea ...... Endangered ..... Wherever found (Hawaii) ...... 61 FR 53108, 10/10/1996. No common name ...... Schiedea hookeri ...... Endangered ..... Wherever found (Hawaii) ...... 61 FR 53108, 10/10/1996. Wenatchee Mountains checker-mal- Sidalcea oregana var. calva ...... Endangered ..... Wherever found (Washington) ...... 64 FR 71680, 12/22/1999. low.

Request for New Information Comments and materials received will DEPARTMENT OF THE INTERIOR be available for public inspection, by To ensure that a 5-year review is appointment, during normal business Bureau of Indian Affairs complete and based on the best available scientific and commercial hours at the offices where the comments information, we request new are submitted. [189A2100DD/AAKC001030/ A0A501010.999900253G] information from all sources. See What Completed and Active Reviews Information Do We Consider in Our Indian Gaming; Tribal-State Class III Review? for specific criteria. If you A list of all completed and currently Gaming Compacts Taking Effect in the submit information, please support it active 5-year reviews addressing species State of California with documentation such as maps, for which the Pacific Region of the bibliographic references, methods used Service has lead responsibility is AGENCY: Bureau of Indian Affairs, to gather and analyze the data, and/or available at http://www.fws.gov/pacific/ Interior. copies of any pertinent publications, ecoservices/endangered/recovery/ ACTION: Notice. reports, or letters by knowledgeable 5year.html. sources. SUMMARY: This notice announces that If you wish to provide information for Authority the Tribal-State Class III Gaming Compacts entered into between the Dry any species listed above, please submit This document is published under the Creek Band of Pomo Indians, the your comments and materials to the authority of the Endangered Species Act Federated Indians of Graton Rancheria, appropriate contact in ADDRESSES. of 1973, as amended (16 U.S.C. 1531 et the Morongo Band of Mission Indians, Public Availability of Comments seq.). the Quechan Tribe of the Fort Yuma Before including your address, phone Dated: January 10, 2018. Indian Reservation, the San Manuel number, email address, or other Theresa E. Rabot, Band of Mission Indians, the Tule River personal identifying information in your Deputy Regional Director, U.S. Fish and Indian Tribe of the Tule River Indian comment, you should be aware that Wildlife Service. Reservation, the Tuolumne Band of Me- your entire comment—including your [FR Doc. 2018–00944 Filed 1–19–18; 8:45 am] Wuk Indians of the Tuolumne Rancheria of California, the United personal identifying information—may BILLING CODE 4333–15–P be made publicly available at any time. Auburn Indian Community of the While you can ask us in your comment Auburn Rancheria of California, and the to withhold your personal identifying Wilton Rancheria, respectively, and the information from public review, we State of California are taking effect. cannot guarantee that we will be able to DATES: The compacts take effect on do so. January 22, 2018.

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FOR FURTHER INFORMATION CONTACT: Ms. and Resources, BLM, New Mexico State The areas in the above described Paula L. Hart, Director, Office of Indian Office, P.O. Box 27115, Santa Fe, NM parcels along a portion of the east Gaming, Office of the Assistant 87502–0115. boundary of the Antonio de Abeyta Secretary—Indian Affairs, Washington, FOR FURTHER INFORMATION CONTACT: Grant are riparian and subject to DC 20240, telephone: (202) 219–4066. Mark Lujan, Realty Specialist, BLM accretions and or erosion. This SUPPLEMENTARY INFORMATION: Section 11 Taos Field Office, (575) 751–4747. determination is based on the of the Indian Gaming Regulatory Act Additional information pertaining to geographical call of the river and a (IGRA) requires the Secretary of the this application can be reviewed in case decision by the Interior Board of Land Interior to publish in the Federal file NMNM134206 located in the Taos Appeals (IBLA) No. 85–839, Holly H. Register notice of an approved Tribal- Field Office, 226 Cruz Alta Road, Taos, Baca, decided April 30, 1987. State compact that is for the purpose of NM 87571. Persons who use a By this action, the United States of engaging in Class III gaming activities telecommunications device for the deaf on Indian lands. See Public Law 100– America hereby releases and (TDD) may call the Federal Relay relinquishes any claim of interest to the 497, 25 U.S.C. 2701 et seq. All Tribal- Service (FRS) at 1–800–877–8339 to State Class III compacts, including surface estate of the above described contact the above individual during land. This action does not address any amendments, are subject to review and normal business hours. The FRS is subsurface interest that may still be approval by the Secretary under 25 CFR available 24 hours a day, 7 days a week, vested with the United States of 293.4. The Secretary took no action on to leave a message or question with the the compacts within 45 days of their above individual. You will receive a America. submission. Therefore, the compacts are reply during normal business hours. The public is hereby notified that considered to have been approved, but comments may be submitted to the SUPPLEMENTARY INFORMATION: The only to the extent the compacts are Deputy State Director at the address consistent with IGRA. United States of America, through the BLM, Department of the Interior, shown above within the comment Authority: 25 U.S.C. 2710(d)(8)(C). pursuant to Section 315 of FLPMA, period identified in the notice. Any Dated: December 15, 2017. hereby disclaims an interest in the adverse comments will be evaluated by John Tahsuda, surface estate for the following parcels the State Director who may modify or Principal Deputy Assistant Secretary—Indian of land situated in Ojo Caliente, New vacate this action and issue a final Affairs Exercising the Authority of the Mexico. determination. In the absence of any Assistant Secretary—Indian Affairs. All lands situated between the action by the State Director, this Notice [FR Doc. 2018–01058 Filed 1–19–18; 8:45 am] monumented 1977 recorded east will become the final determination of BILLING CODE 4337–15–P boundary of the Antonio de Abeyta the Department of the Interior, and a Grant and the present medial line of the disclaimer may be issued 90 days from Rio Ojo Caliente, southward of the publication of this Notice. DEPARTMENT OF THE INTERIOR partition line originating on the first Comments, including names and mile of that east boundary, as shown on Bureau of Land Management street addresses of commenters, will be the boundary survey plat certified by available for public review at the BLM [LLNMF02000 L54200000.FR0000 Larry L. Sterling, New Mexico New Mexico State Office (see address LVDIG16ZGKN0] Professional Surveyor No. 11010, and above), during regular business hours, filed with the Rio Arriba County Clerk Monday through Friday, except Federal Notice of Application for a Recordable on April 2, 2014, and northward of the Disclaimer of Interest, New Mexico holidays. Before including your address, intersection of that medial line with line phone number, email address, or other 3–4 on the second mile of that east AGENCY: Bureau of Land Management, personal identifying information in your boundary, as shown on the same Department of the Interior. comment, you should be aware that boundary survey plat. These lands are ACTION: Notice. your entire comment—including your generally adjacent to sections 13, 24, 25, SUMMARY: The Bureau of Land and 26 of Township 23 North, Range 8 personal identifying information—may Management (BLM) received an East, New Mexico Principal Meridian, be made publicly available at any time. application for a Recordable Disclaimer New Mexico. While you can ask us in your comment to withhold your personal identifying of Interest (RDI) from Eric All those lands situated between the information from public review, we Oppenheimer/The Simmons Firm monumented 1977 recorded east pursuant to Section 315 of the Federal boundary of the Antonio de Abeyta cannot guarantee that we will be able to Land Policy and Management Act of Grant and the present medial line of the do so. 1976 (FLPMA), as amended, and BLM Rio Ojo Caliente, southward of the point Authority: 43 CFR 1864.2(a). regulations for the surface estate of of intersection of that medial line with deeded lands lying between certain line 4–5 on the second mile of that east Debby Lucero, deeded lands and the adjusted right boundary and northward of the point of Acting Deputy State Director, Lands and bank of the Rio Ojo Caliente in Rio intersection of that medial line with line Resources. Arriba County, New Mexico. This 5–6 on the third mile of that east [FR Doc. 2018–00965 Filed 1–19–18; 8:45 am] Notice is intended to inform the public boundary, as shown on the boundary BILLING CODE 4310–FB–P of the pending application, give notice survey plat certified by Larry L. Sterling, of the BLM’s intent to grant the New Mexico Professional Surveyor No. requested RDI, and provide a public 11010 and filed with the Rio Arriba comment period for the RDI. County Clerk on April 2, 2014. These DATES: Comments on this action should lands are generally adjacent to sections be received by April 23, 2018. 26 and 35 of Township 23 North, Range ADDRESSES: Written comments must be 8 East, New Mexico Principal Meridian, sent to the Deputy State Director, Lands New Mexico.

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DEPARTMENT OF THE INTERIOR (TDD) may call the Federal Relay Comments that you submit in Service (FRS) at 1–800–877–8339 to response to this notice are a matter of Bureau of Land Management contact the above individual during public record. Before including your [LLWO320000.17X.19900000.PO0000; OMB normal business hours. The FRS is address, phone number, email address, Control Number 1004–0169] available 24 hours a day, 7 days a week, or other personal identifying to leave a message or question with the information in your comment, you Agency Information Collection above individual. You will receive a should be aware that your entire Activities; Submission to the Office of reply during normal business hours. comment—including your personal Management and Budget for Review You may also view the ICR at http:// identifying information—may be made and Approval; Use and Occupancy www.reginfo.gov/public/do/PRAMain. publicly available at any time. While Under the Mining Laws SUPPLEMENTARY INFORMATION: In you can ask us in your comment to accordance with the Paperwork withhold your personal identifying AGENCY: Bureau of Land Management, Reduction Act of 1995, we provide the information from public review, we Interior. general public and other Federal cannot guarantee that we will be able to ACTION: Notice of information collection; agencies with an opportunity to do so. request for comment. comment on new, proposed, revised, Abstract: This collection of SUMMARY: In accordance with the and continuing collections of information is necessary to manage the Paperwork Reduction Act of 1995, we, information. This helps us assess the use and occupancy of unpatented public the Bureau of Land Management (BLM), impact of our information collection lands for the purpose of developing are proposing to renew a control requirements and minimize the public’s locatable mineral deposits under the number with revisions. reporting burden. It also helps the Mining Laws. public understand our information DATES: Interested persons are invited to Title of Collection: Use and collection requirements and provide the submit comments on or before February Occupancy under the Mining Laws. requested data in the desired format. OMB Control Number: 1004–0169. 21, 2018. A Federal Register notice with a 60- ADDRESSES: Send written comments on day public comment period soliciting Form Number: None. this information collection request (ICR) comments on this ICR was published on Type of Review: Extension of a to the Office of Management and November 15, 2017 (82 FR 52938). The currently approved collection. Budget’s Desk Officer for the comment period ended on January 16, Respondents/Affected Public: Mining Department of the Interior by email at 2018. No comments were received. claimants and operators of prospecting, [email protected]; or via We are again soliciting comments on exploration, mining and processing facsimile to (202) 395–5806. Please the proposed ICR that is described operations. provide a copy of your comments to below. We are especially interested in Total Estimated Number of Annual U.S. Department of the Interior, Bureau public comment addressing the Respondents: 70. of Land Management, 1849 C Street NW, following issues: (1) Is the collection Total Estimated Number of Annual Room 2134LM, Attention: Jean necessary to the proper functions of the Responses: 70. Sonneman, Washington, DC 20240 or by BLM; (2) will this information be Estimated Completion Time per email to [email protected]. processed and used in a timely manner; Response: 4 hours. Please reference OMB Control (3) is the estimate of burden accurate; Number 1004–0169 in the subject line of (4) how might the BLM enhance the Total Estimated Number of Annual your comments. quality, utility, and clarity of the Burden Hours: 280. FOR FURTHER INFORMATION CONTACT: information to be collected; and (5) how Respondent’s Obligation: Required to Adam Merrill by email at amerrill@ might the BLM minimize the burden of obtain or retain a benefit. blm.gov, or by telephone at 202–912– this collection on the respondents, Frequency of Collection: On occasion. 7044. Persons who use a including through the use of Total Estimated Annual Nonhour telecommunications device for the deaf information technology. Burden Cost: None.

Time per Total hours Type of response Number of response (Column B × responses (hours) Column C)

A B C D

Proposed occupancy 43 CFR 3715.3–2 ...... 60 4 240 Existing use or occupancy 43 CFR 3715.4 ...... 10 4 40

Totals ...... 70 ...... 280

An agency may not conduct or The authority for this action is the DEPARTMENT OF THE INTERIOR sponsor—and a person is not required to Paperwork Reduction Act of 1995 (44 respond to—a collection of information U.S.C. 3501 et seq). Bureau of Land Management unless it displays a currently valid OMB Jean Sonneman control number. [LLWY–957000–18–L13100000–PP0000] Information Collection Clearance Officer. Filing of Plats of Survey, Wyoming [FR Doc. 2018–01063 Filed 1–19–18; 8:45 am] BILLING CODE 4310–84–P AGENCY: Bureau of Land Management, Interior. ACTION: Notice of official filing.

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SUMMARY: The Bureau of Land the north boundary and subdivisional identifying information—may be made Management (BLM) is scheduled to file lines, and the survey of the subdivision publicly available at any time. While plats of survey 30 calendar days from of section 2, Township 42 North, Range you can ask us to withhold your the date of this publication in the BLM 84 West, Sixth Principal Meridian, personal identifying information from Wyoming State Office, Cheyenne, Wyoming, Group No. 954, was accepted public review, we cannot guarantee that Wyoming. The surveys, which were October 2, 2017. we will be able to do so. executed at the request of the BLM and The plat and field notes representing Copies of the preceding described U. S. Forest Service, are necessary for the dependent resurvey of portions of plats and field notes are available to the the management of these lands. the subdivisional lines and the survey of public at a cost of $4.20 per plat and DATES: Protests must be received by the the subdivision of section 22, Township $.13 per page of field notes. BLM by February 21, 2018. 57 North, Range 73 West, Sixth Dated: January 12, 2018. Principal Meridian, Wyoming, Group ADDRESSES: You may submit written Sonja S. Sparks, protests to the Wyoming State Director No. 956, was accepted October 2, 2017. The plat and field notes representing Acting Chief Cadastral Surveyor, Division of at WY957, Bureau of Land Management, the dependent resurvey of a portion of Support Services. 5353 Yellowstone Road, Cheyenne, the south boundary, the rehabilitation of [FR Doc. 2018–00945 Filed 1–19–18; 8:45 am] Wyoming 82003. the corner of Townships 50 and 51 BILLING CODE 4310–22–P FOR FURTHER INFORMATION CONTACT: North, Ranges 69 and 70 West, and the Sonja Sparks, BLM Wyoming Acting survey of the subdivision of section 31, Chief Cadastral Surveyor at 307–775– Township 51 North, Range 69 West, DEPARTMENT OF THE INTERIOR 6225 or [email protected]. Persons who Sixth Principal Meridian, Wyoming, Office of Natural Resources Revenue use a telecommunications device for the Group No. 957, was accepted October 2, deaf may call the Federal Relay Service 2017. [Docket No. ONRR–2011–0002; DS63644000 at 1–800–877–8339 to contact this office The plat and field notes representing DR2000000.CH7000 189D0102R2] during normal business hours. The the dependent resurvey of a portion of Service is available 24 hours a day, 7 Lot No. 39, portions of Lot No. 40, and States’ Decisions on Participating in days a week, to leave a message or portions of the subdivisional lines, and Accounting and Auditing Relief for question with this office. You will the survey of the subdivision of section Federal Oil and Gas Marginal receive a reply during normal business 20, Township 21 North, Range 113 Properties hours. West, Sixth Principal Meridian, AGENCY: Office of Natural Resources SUPPLEMENTARY INFORMATION: The lands Wyoming, Group No. 958, was accepted Revenue (ONRR), Interior. surveyed are: The plat and field notes January 11, 2018. ACTION: representing the dependent resurvey of The plat and field notes representing Notice. portions of Tracts 42, 45 and 51, and the dependent resurvey of a portion of SUMMARY: ONRR regulations provide portions of the subdivisional lines, and the north boundary and subdivisional two types of accounting and auditing the survey of the subdivision of sections lines, and the survey of the subdivision relief for Federal onshore or Outer 10 and 15, Township 12 North, Range of section 4, Township 46 North, Range Continental Shelf lease production from 111 West, Sixth Principal Meridian, 81 West, Sixth Principal Meridian, marginal properties. Each year ONRR Wyoming, Group No. 950, was accepted Wyoming, Group No. 960, was accepted provides a list of qualifying marginal October 2, 2017. January 11, 2018. Federal oil and gas properties to States The plat and field notes representing A person or party who wishes to that receive a portion of Federal the dependent resurvey of Lot 37, Lot 65 protest one or more plats of survey royalties from those properties. Each and Tract 69, portions of Lots 47, 54, 59 identified above must file a written State then decides whether to and 67, portions of the subdivisional notice of protest within 30 calendar participate in one or both relief options. lines, the survey of the subdivision of days from the date of this publication For calendar year 2018, we provide this Lot 65 and certain sections, and the with the Wyoming State Director at the notice of the affected States’ decisions to metes-and-bounds survey of certain above address. Any notice of protest allow one or both types of relief. parcels, Township 56 North, Range 97 received after the scheduled date of DATES: January 1, 2018. West, Sixth Principal Meridian, official filing will be untimely and will Wyoming, Group No. 951, was accepted not be considered. A written statement FOR FURTHER INFORMATION CONTACT: October 2, 2017. of reasons in support of a protest, if not Lindsay Goldstein, Market and Spatial The plat and field notes representing filed with the notice of protest, must be Analysis Office, at (303) 231–3301; or the dependent resurvey of certain lots filed with the State Director within 30 email to [email protected]. and a portion of the range line, calendar days after the notice of protest SUPPLEMENTARY INFORMATION: The Township 50 North, Ranges 102 and 103 is filed. If a notice of protest against a regulations, codified at 30 CFR part West, Sixth Principal Meridian, plat of survey is received prior to the 1204, subpart C, implement certain Wyoming, Group No. 952, was accepted scheduled date of official filing, the provisions of section 7 of the Federal October 2, 2017. official filing of the plat of survey Oil and Gas Royalty Simplification and The plat and field notes representing identified in the notice of protest will be Fairness Act of 1996 (RSFA) (30 U.S.C. the dependent resurvey of a portion of stayed pending consideration of the 1726), which allows States to relieve the Lot No. 89, and the survey of the protest. A plat of survey will not be lessees of marginal properties from subdivision of Lot No. 89, and metes- officially filed until the next business certain reporting, accounting, and and-bounds survey of Lot 89–I, day following dismissal or resolution of auditing requirements. States make an Township 55 North, Range 100 West, all protests of the plat. annual determination of whether or not Sixth Principal Meridian, Wyoming, Before including your address, phone to allow relief. Two options for relief are Group No. 953, was accepted October 2, number, email address, or other authorized: (1) Notification-based relief 2017. personal identifying information in your from cumulative royalty reports and The plat and field notes representing protest, you should be aware that your payments, allowing lessees or designees the dependent resurvey of a portion of entire protest—including your personal instead to file one annual report and

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make one annual payment, and (2) other year 2018 properties must produce less equivalent production of the marginal requested relief, as proposed by lessees than 1,000 barrels-of-oil-equivalent properties during the base period must or designees and approved by ONRR, (BOE) per year for the base period (July equal an average daily well production after consulting with the affected 1, 2016, through June 30, 2017). Annual of less than 15 BOE per well, per day State(s). The regulations require ONRR reporting relief will begin January 1, calculated under 30 CFR 1204.4(c). to publish no later than 30 days before 2018, with the annual report and The following table shows the States the beginning of the calendar year a list payment due February 28, 2019, or that have qualifying marginal properties of the States and their decisions March 31, 2019, if you have an regarding marginal property relief. estimated payment on file. To qualify and the States’ decisions to allow one or To qualify for the first relief option for the second relief option (other both forms of relief. (notification-based relief) for calendar requested relief), the combined

Notification-based relief Request-based relief State (less than 1,000 BOE per year) (less than 15 BOE per well per day)

Alabama ...... No ...... No. Arkansas ...... N/A ...... Yes. California ...... No ...... No. Colorado ...... No ...... No. Kansas ...... No ...... No. Louisiana ...... Yes ...... Yes. Michigan ...... Yes ...... Yes. Mississippi ...... No ...... No. Montana ...... No ...... No. Nebraska ...... No ...... No. Nevada ...... No ...... No. New Mexico ...... No ...... Yes. North Dakota ...... Yes ...... Yes. Oklahoma ...... No ...... No. South Dakota ...... No ...... No. Utah ...... No ...... No. Wyoming ...... Yes ...... No.

Federal oil and gas properties located INTERNATIONAL BOUNDARY AND construction of sediment control in all other States where ONRR does not WATER COMMISSION projects at Thurman I and II Arroyos, share a portion of Federal royalties with two ephemeral tributaries of the Rio the State are eligible for relief if they United States and Mexico; United Grande, located in Hatch, Don˜ a Ana qualify as marginal under 117(c) of States Section; Notice of Availability of County, New Mexico within a portion of RSFA, 30 U.S.C. 1726(c). For a Final Environmental Assessment and the Rio Grande Canalization Project information on how to obtain relief, Finding of No Significant Impact for protective levee system. The Preferred please refer to 30 CFR 1204.205, which Channel Maintenance Alternatives at Alternative, Alternative C: Sediment Thurman I and II Arroyos in Hatch, NM, you may view at https://www.ecfr.gov/. Basins, calls for the construction of a Rio Grande Canalization Project sediment basin at each arroyo with a Unless the information that ONRR concrete end wall. Permits would be received is proprietary data, all AGENCY: United States Section, International Boundary and Water required from the U.S. Army Corps of correspondence, records, or information Engineers for dredge and fill of Waters that we receive in response to this Commission, United States and Mexico (USIBWC). of the United States, per the Clean notice may be subject to disclosure Water Act Sections 404 and 401. ACTION: Notice of Availability of the under the Freedom of Information Act Potential impacts on natural, cultural, Final Environmental Assessment (EA). (FOIA) (5 U.S.C. 552 et seq.). If and other resources were evaluated. applicable, please highlight the Pursuant to Section 102(2)(c) of the Mitigation has been proposed for proprietary portions, including any National Environmental Policy Act of permits for construction. A Finding of supporting documentation, or mark the 1969 (NEPA); the Council on No Significant Impact (FONSI) has been page(s) that contain proprietary data. Environmental Quality Final prepared for the Preferred Alternative We protect the proprietary information Regulations (40 CFR parts 1500 through based on a review of the facts and under the Trade Secrets Act (18 U.S.C. 1508); and the USIBWC Operational analyses contained in the EA. 1905), FOIA Exemption 4 (5 U.S.C. Procedures for Implementing Section Notice of the draft EA was published 552(b)(4)), and the Department of the 102 of NEPA, published in the Federal in the Federal Register on October 17, Interior’s FOIA regulations (43 CFR part Register September 2, 1981, (46 FR 2017 (Federal Register Notice, Vol. 82, 2). 44083); the USIBWC hereby gives notice No. 199, Page 48253) and provided a that the Final Environmental thirty (30) day comment period. An Gregory J. Gould, Assessment and Finding of No environmental impact statement will Director, Office of Natural Resources Significant Impact for Channel not be prepared. Revenue. Maintenance Alternatives at Thurman I FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–00970 Filed 1–19–18; 8:45 am] and II Arroyos in Hatch, NM, Rio Elizabeth Verdecchia, Natural Resources BILLING CODE 4335–30–P Grande Canalization Project is Specialist, USIBWC, 4171 N. Mesa, C– available. This EA evaluated potential 100; El Paso, Texas 79902. Telephone: environmental impacts of the No Action (915) 832–4701, email: Alternative and two alternatives for the [email protected].

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Availability: The electronic version of Street SW, Room 112, Washington, DC Glory Foods, Inc., 901 Oak Street, the Final EA/FONSI is available on the 20436, telephone (202) 205–2000. Columbus, OH 43205. USIBWC web page: https:// Hearing impaired individuals are _ _ _ Taylor Farms California, Inc., 947 B www.ibwc.gov/EMD/EIS EA Public advised that information on this matter Blanco Circle, Salinas, CA 93901. Comment.html. can be obtained by contacting the Dated: January 8, 2018. Commission’s TDD terminal on (202) (3) For the investigation so instituted, Matt Myers, 205–1810. Persons with mobility the Chief Administrative Law Judge, Chief Legal Counsel. impairments who will need special U.S. International Trade Commission, assistance in gaining access to the shall designate the presiding [FR Doc. 2018–00943 Filed 1–19–18; 8:45 am] Commission should contact the Office Administrative Law Judge. BILLING CODE 4710–01–P of the Secretary at (202) 205–2000. The Office of Unfair Import General information concerning the Investigations will not participate as a Commission may also be obtained by party in this investigation. INTERNATIONAL TRADE accessing its internet server at https:// COMMISSION www.usitc.gov. The public record for Responses to the complaint and the [Investigation No. 337–TA–1096] this investigation may be viewed on the notice of investigation must be Commission’s electronic docket (EDIS) submitted by the named respondents in Certain Microperforated Packaging at https://edis.usitc.gov. accordance with section 210.13 of the Containing Fresh Produce; Institution FOR FURTHER INFORMATION CONTACT: Commission’s Rules of Practice and of Investigation Katherine Hiner, Office of the Secretary, Procedure, 19 CFR 210.13. Pursuant to AGENCY: U.S. International Trade Docket Services Division, U.S. 19 CFR 201.16(e) and 210.13(a), such Commission. International Trade Commission, responses will be considered by the Commission if received not later than 20 ACTION: Notice. telephone (202) 205–1802. SUPPLEMENTARY INFORMATION: days after the date of service by the SUMMARY: Notice is hereby given that a Authority: The authority for Commission of the complaint and the complaint was filed with the U.S. institution of this investigation is notice of investigation. Extensions of International Trade Commission on contained in section 337 of the Tariff time for submitting responses to the November 13, 2017, under section 337 Act of 1930, as amended, 19 U.S.C. 1337 complaint and the notice of of the Tariff Act of 1930, as amended, and in section 210.10 of the investigation will not be granted unless on behalf of Windham Packaging LLC of Commission’s Rules of Practice and good cause therefor is shown. Windham, New Hampshire. On Procedure, 19 CFR 210.10 (2017). Failure of a respondent to file a timely December 4, 2017 Complainant Scope of Investigation: Having response to each allegation in the requested an extension of time until considered the complaint, the U.S. January 2, 2018 to file supplemental International Trade Commission, on complaint and in this notice may be material, and the request was granted January 16, 2018, ordered that— deemed to constitute a waiver of the December 7, 2017. EDIS Doc. IDs (1) Pursuant to subsection (b) of right to appear and contest the 630561 (Request) and 631033 (Letter section 337 of the Tariff Act of 1930, as allegations of the complaint and this granting request). On January 2, 2018 amended, an investigation be instituted notice, and to authorize the Complainant requested a second to determine whether there is a administrative law judge and the extension of time until January 16, 2018 violation of subsection (a)(1)(B) of Commission, without further notice to to file supplemental materials. EDIS section 337 in the importation into the the respondent, to find the facts to be as Doc. ID 632797. An amended complaint United States, the sale for importation, alleged in the complaint and this notice was filed January 3, 2018. The or the sale within the United States after and to enter an initial determination complaint, as amended, alleges importation of certain microperforated and a final determination containing violations of section 337 based upon the packaging containing fresh produce by such findings, and may result in the importation into the United States, the reason of infringement of one or more of issuance of an exclusion order or a cease sale for importation, and the sale within claims 1–6, 11, and 13, and whether an and desist order or both directed against the United States after importation of industry in the United States exists as the respondent. certain microperforated packaging required by subsection (a)(2) of section containing fresh produce by reason of 337; By order of the Commission. infringement of certain claims of U.S. (2) For the purpose of the Issued: January 17, 2018. Patent No. 7,083,837 (‘‘the ’837 patent’’). investigation so instituted, the following Lisa R. Barton, The complaint further alleges that an are hereby named as parties upon which Secretary to the Commission. industry in the United States exists as this notice of investigation shall be [FR Doc. 2018–01037 Filed 1–19–18; 8:45 am] required by the applicable Federal served: BILLING CODE 7020–02–P Statute. (a) The complainant is: Windham The amended complainant requests Packaging, LLC, 18 Wilson Road, that the Commission institute an Windham, NH 03087. investigation and, after the (b) The respondents are the following investigation, issue a limited exclusion entities alleged to be in violation of order and cease and desist orders. section 337, and are the parties upon ADDRESSES: The amended complaint, which the complaint is to be served: except for any confidential information Alpine Fresh, Inc., 9300 NW 58th Street, contained therein, is available for Suite 201, Miami, FL 33178. inspection during official business Apio, Inc., 4575 W Main Street, hours (8:45 a.m. to 5:15 p.m.) in the Guadalupe, CA 93434. Office of the Secretary, U.S. B&G Foods North America, Inc., Four International Trade Commission, 500 E Gatehall Drive, Parsippany, NJ 07054.

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INTERNATIONAL TRADE of the investigations. Industrial users, INTERNATIONAL TRADE COMMISSION and, if the merchandise under COMMISSION investigation is sold at the retail level, [Investigation Nos. 701–TA–590 and 731– [Investigation No. 337–TA–1094] TA–1397–98 (Preliminary)] representative consumer organizations have the right to appear as parties in Certain IoT Devices and Components Sodium Gluconate, Gluconic Acid, and Commission antidumping and Thereof (IoT, the Internet of Things)— Derivative Products From China and countervailing duty investigations. The Web Applications Displayed on a Web France Secretary will prepare a public service Browser; Institution of Investigation list containing the names and addresses Determinations of all persons, or their representatives, AGENCY: U.S. International Trade On the basis of the record 1 developed who are parties to the investigations. Commission. in the subject investigations, the United ACTION: Notice. States International Trade Commission Background (‘‘Commission’’) determines, pursuant On November 30, 2017, PMP SUMMARY: Notice is hereby given that a to the Tariff Act of 1930 (‘‘the Act’’), Fermentation Products, Inc., Peoria, complaint was filed with the U.S. that there is a reasonable indication that Illinois, filed a petition with the International Trade Commission on an industry in the United States is Commission and Commerce, alleging October 3, 2017, under section 337 of threatened with material injury by that an industry in the United States is the Tariff Act of 1930, as amended, on reason of imports of sodium gluconate, materially injured or threatened with behalf of Lakshmi Arunachalam, Ph.D. gluconic acid, and derivative products material injury by reason of LTFV and of Menlo Park, California. Supplements from China, provided for in subheadings subsidized imports of sodium gluconate, were filed on October 24, October 30, 2918.16.10, 2918.16.50 and 2932.20.50 gluconic acid, and derivative products and November 3, 2017. On November 7, of the Harmonized Tariff Schedule of from China and LTFV imports of 2017, an amended complaint was filed the United States, that are alleged to be sodium gluconate, gluconic acid, and with the U.S. International Trade sold in the United States at less than fair derivative products from France. Commission under section 337 of the value (‘‘LTFV’’) and to be subsidized by Accordingly, effective November 30, Tariff Act of 1930, as amended, on the government of China. The 2017, the Commission, pursuant to behalf of Lakshmi Arunachalam, Ph.D. Commission further determines that sections 703(a) and 733(a) of the Act (19 and WebXchange, Inc., both of Menlo there is no reasonable indication that an U.S.C. 1671b(a) and 1673b(a)), instituted Park, California. Supplements were filed industry in the United States is countervailing duty investigation No. on November 7, 13, and December 21, materially injured or threatened with 701–TA–590 and antidumping duty 2017. On December 6, 2017, the material injury by reason of imports of investigation Nos. 731–TA–1397–98 Commission postponed the vote on sodium gluconate, gluconic acid, and (Preliminary). whether to institute an investigation derivative products from France that are based on the amended complaint to alleged to be sold in the United States Notice of the institution of the January 9, 2017. The amended at LTFV.2 Commission’s investigations and of a complaint alleges violations of section public conference to be held in 337 based upon the importation into the Commencement of Final Phase connection therewith was given by Investigations United States, the sale for importation, posting copies of the notice in the Office and the sale within the United States Pursuant to section 207.18 of the of the Secretary, U.S. International after importation of certain IOT devices Commission’s rules, the Commission Trade Commission, Washington, DC, and components thereof (IOT, the also gives notice of the commencement and by publishing the notice in the Internet of Things)—web applications of the final phase of its investigations. Federal Register of December 6, 2017 displayed on a web browser by reason The Commission will issue a final phase (82 FR 57614). The conference was held of infringement of certain claims of U.S. notice of scheduling, which will be in Washington, DC, on December 21, Patent No. 7,930,340 (‘‘the ’340 patent’’), published in the Federal Register as 2017, and all persons who requested the and that an industry in the United provided in section 207.21 of the opportunity were permitted to appear in States exists as required by the Commission’s rules, upon notice from person or by counsel. applicable Federal Statute. The the Department of Commerce The Commission made these amended complaint further alleges (‘‘Commerce’’) of affirmative determinations pursuant to sections unfair methods of competition and preliminary determinations in the 703(a) and 733(a) of the Act (19 U.S.C. unfair acts (criminal and civil RICO investigations under sections 703(b) or 1671b(a) and 1673b(a)). It completed violations, breach of contract, theft of 733(b) of the Act, or, if the preliminary and filed its determinations in these intellectual property, antitrust determinations are negative, upon investigations on January 16, 2018. The violations, and trade secret notice of affirmative final views of the Commission are contained misappropriation), the threat or effect of determinations in those investigations in USITC Publication 4756 (January which is to destroy or substantially under sections 705(a) or 735(a) of the 2018), entitled Sodium Gluconate, injure an industry in the United States. Act. Parties that filed entries of Gluconic Acid, and Derivative Products The complainant requests that the appearance in the preliminary phase of from China and France: Investigation Commission institute an investigation the investigations need not enter a Nos. 701 TA–590 and 731–TA–1397–98 and, after the investigation, issue a separate appearance for the final phase (Preliminary). limited exclusion order and cease and desist orders. 1 The record is defined in sec. 207.2(f) of the By order of the Commission. Commission’s Rules of Practice and Procedure (19 Issued: January 16, 2018. ADDRESSES: The amended complaint, CFR 207.2(f)). except for any confidential information 2 Chairman Rhonda K. Schmidtlein dissenting. Lisa R. Barton, contained therein, is available for Chairman Schmidtlein determines that there is a Secretary to the Commission. reasonable indication that an industry in the United inspection during official business [FR Doc. 2018–00984 Filed 1–19–18; 8:45 am] States is materially injured by reason of imports of hours (8:45 a.m. to 5:15 p.m.) in the the subject product from China and France. BILLING CODE 7020–02–P Office of the Secretary, U.S.

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International Trade Commission, 500 E find facts, and issue an early decision, Responses to the complaint and the Street SW, Room 112, Washington, DC as to whether the complainant has notice of investigation must be 20436, telephone (202) 205–2000. satisfied the domestic industry submitted by the named respondents in Hearing impaired individuals are requirement. Any such decision shall be accordance with section 210.13 of the advised that information on this matter in the form of an initial determination Commission’s Rules of Practice and can be obtained by contacting the (ID). Petitions for review of such an ID Procedure, 19 CFR 210.13. Pursuant to Commission’s TDD terminal on (202) shall be due five calendar days after 19 CFR 201.16(e) and 210.13(a), such 205–1810. Persons with mobility service of the ID; any replies shall be responses will be considered by the impairments who will need special due three business days after service of Commission if received not later than 20 assistance in gaining access to the a petition. The ID will become the days after the date of service by the Commission should contact the Office Commission’s final determination 30 Commission of the complaint and the of the Secretary at (202) 205–2000. days after the date of service of the ID notice of investigation. Extensions of General information concerning the unless the Commission determines to time for submitting responses to the Commission may also be obtained by review the ID. Any such review will be complaint and the notice of accessing its internet server at https:// conducted in accordance with investigation will not be granted unless www.usitc.gov. The public record for Commission Rules 210.43, 210.44, and good cause therefor is shown. this investigation may be viewed on the 210.45, 19 CFR 210.43, 210.44, and Failure of a respondent to file a timely Commission’s electronic docket (EDIS) 210.45. The Commission expects the response to each allegation in the at https://edis.usitc.gov. issuance of an early ID relating to the complaint and in this notice may be FOR FURTHER INFORMATION CONTACT: domestic industry requirement within deemed to constitute a waiver of the Pathenia M. Proctor, The Office of 100 days of institution, except that the right to appear and contest the Unfair Import Investigations, U.S. presiding ALJ may grant a limited allegations of the complaint and this International Trade Commission, extension of the ID for good cause notice, and to authorize the telephone (202) 205–2560. shown. The issuance of an early ID administrative law judge and the SUPPLEMENTARY INFORMATION: Authority: finding that complainants do not satisfy Commission, without further notice to The authority for institution of this the domestic industry requirement shall the respondent, to find the facts to be as investigation is contained in section 337 stay the investigation unless the alleged in the complaint and this notice of the Tariff Act of 1930, as amended, Commission orders otherwise; any other and to enter an initial determination 19 U.S.C. 1337 and in section 210.10 of decision shall not stay the investigation and a final determination containing the Commission’s Rules of Practice and or delay the issuance of a final ID such findings, and may result in the Procedure, 19 CFR 210.10 (2018). covering the other issues of the issuance of an exclusion order or a cease Scope of Investigation: Having investigation. and desist order or both directed against considered the complaint, the U.S. (4) For the purpose of the the respondent. International Trade Commission, on investigation so instituted, the following By order of the Commission. January 12, 2018, Ordered That— are hereby named as parties upon which Issued: January 17, 2018. this notice of investigation shall be (1) Pursuant to subsection (b) of Lisa R. Barton, section 337 of the Tariff Act of 1930, as served: (a) The complainants are: Secretary to the Commission. amended, an investigation be instituted [FR Doc. 2018–01035 Filed 1–19–18; 8:45 am] to determine whether there is a Lakshmi-Arunachalam, Ph.D., 222 BILLING CODE P violation of subsection (a)(1)(B) of Stanford Avenue, Menlo Park, CA section 337 in the importation into the 94025 United States, the sale for importation, WebXchange, Inc., 222 Stanford Avenue, Menlo Park, CA 94025 INTERNATIONAL TRADE or the sale within the United States after COMMISSION importation of certain IoT devices and (b) The respondents are the following components thereof (IoT, the Internet of entities alleged to be in violation of [Investigation No. 337–TA–1095] Things)—web applications displayed on section 337, and are the parties upon Certain Load Supporting Systems, a web browser by reason of infringement which the complaint is to be served: Including Composite Mat Systems, and of one or more of claims 1–40 of the Apple Inc., 1 Infinite Loop, Cupertino, Components Thereof; Institution of ’340 patent; and whether an industry in California 95014 Investigation the United States exists as required by Facebook, Inc., 1 Hacker Way, Menlo subsection (a)(2) of section 337; Park, CA 94025 AGENCY: U.S. International Trade (2) Pursuant to Commission Rule Samsung Electronics America, Inc., 85 Commission. 210.50(b)(1), 19 CFR 210.50(b)(1), the Challenger Road, Ridgefield Park, NJ ACTION: Notice. presiding Administrative Law Judge Samsung Electronics Co., Ltd., 129, shall take evidence or other information Samsung-ro, Yeongtong-gu, Suwon-si, SUMMARY: Notice is hereby given that a and hear arguments from the parties or Gyeonggi-do, Korea; Headquarters: complaint was filed with the U.S. other interested persons with respect to 40th floor Samsung Electronics, International Trade Commission on the public interest in his investigation, Building, 11, Seocho-daero 74-gil, December 15, 2017, under section 337 of as appropriate, and provide the Seocho District, Seoul, South Korea the Tariff Act of 1930, as amended, on Commission with findings of fact and a (c) The Office of Unfair Import behalf of Newpark Mats & Integrated recommended determination on this Investigations, U.S. International Trade Services LLC of The Woodlands, Texas. issue, which shall be limited to the Commission, 500 E Street SW, Suite The complaint alleges violations of statutory public interest factors set forth 401, Washington, DC 20436; and section 337 based upon the importation in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (5) For the investigation so instituted, into the United States, the sale for (3) Notwithstanding any Commission the Chief Administrative Law Judge, importation, and the sale within the Rules that would otherwise apply, the U.S. International Trade Commission, United States after importation of presiding Administrative Law Judge shall designate the presiding certain load supporting systems, shall hold an early evidentiary hearing, Administrative Law Judge. including composite mat systems, and

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components thereof by reason of whether an industry in the United By order of the Commission. infringement of certain claims of U.S. States exists as required by subsection Issued: January 17, 2018. Patent No. 6,511,257 (‘‘the ’257 patent’’) (a)(2) of section 337; Lisa R. Barton, and U.S. Patent No. 6,695,527 (‘‘the ’527 (2) For the purpose of the Secretary to the Commission. patent’’). The complaint further alleges investigation so instituted, the following [FR Doc. 2018–01036 Filed 1–19–18; 8:45 am] are hereby named as parties upon which that an industry in the United States BILLING CODE 7020–02–P exists as required by the applicable this notice of investigation shall be Federal Statute. served: The complainant requests that the (a) The complainant is: Newpark Mats INTERNATIONAL TRADE Commission institute an investigation & Integrated Services LLC, 9320 COMMISSION and, after the investigation, issue a Lakeside Boulevard, Suite 100, The limited exclusion order and cease and Woodlands, TX 77381. [Investigation No. 337–TA–1023] desist orders. (b) The respondents are the following Certain Memory Modules and entities alleged to be in violation of ADDRESSES: The complaint, except for Components Thereof, and Products section 337, and are the parties upon any confidential information contained Containing Same: Commission which the complaint is to be served: therein, is available for inspection Determination To Review-in-Part an during official business hours (8:45 a.m. Checkers Industrial Products, LLC, 620 Initial Determination Finding No to 5:15 p.m.) in the Office of the Compton Street, Broomfield, CO Violation of Section 337; on Review, To Secretary, U.S. International Trade 80020. Take No Position on One Issue; Commission, 500 E Street SW, Room Checkers Safety Group UK LTD, 3rd Affirmance of the Finding of No 112, Washington, DC 20436, telephone Floor 1 Ashley Road, Altrincham, Violation and Termination of the (202) 205–2000. Hearing impaired Cheshire, United Kingdom, WA14 Investigation individuals are advised that information 2DT. on this matter can be obtained by Zigma Ground Solutions LTD, Unit 11 AGENCY: U.S. International Trade contacting the Commission’s TDD M11 Business Link Parsonage Lane, Commission. terminal on (202) 205–1810. Persons Stansted, Essex, United Kingdom, ACTION: Notice. with mobility impairments who will CM24 8GF. SUMMARY: Notice is hereby given that need special assistance in gaining access (3) For the investigation so instituted, the U.S. International Trade to the Commission should contact the the Chief Administrative Law Judge, Commission has determined to review- Office of the Secretary at (202) 205– U.S. International Trade Commission, in-part a final initial determination 2000. General information concerning shall designate the presiding (‘‘ID’’) of the presiding administrative the Commission may also be obtained Administrative Law Judge. law judge (‘‘ALJ’’) finding no violation by accessing its internet server at The Office of Unfair Import of section 337. On review, the https://www.usitc.gov. The public Investigations will not participate as a Commission has determined to take no record for this investigation may be party in this investigation. position on the issue under review. The viewed on the Commission’s electronic Responses to the complaint and the Commission has also determined to docket (EDIS) at https://edis.usitc.gov. notice of investigation must be affirm the ID’s finding of no violation of FOR FURTHER INFORMATION CONTACT: submitted by the named respondents in section 337 and has terminated the Katherine Hiner, Office of the Secretary, accordance with section 210.13 of the investigation. Docket Services Division, U.S. Commission’s Rules of Practice and International Trade Commission, Procedure, 19 CFR 210.13. Pursuant to FOR FURTHER INFORMATION CONTACT: telephone (202) 205–1802. 19 CFR 201.16(e) and 210.13(a), such Clint Gerdine, Esq., Office of the SUPPLEMENTARY INFORMATION: responses will be considered by the General Counsel, U.S. International Authority: The authority for Commission if received not later than 20 Trade Commission, 500 E Street SW, institution of this investigation is days after the date of service by the Washington, DC 20436, telephone (202) contained in section 337 of the Tariff Commission of the complaint and the 708–2310. Copies of non-confidential Act of 1930, as amended, 19 U.S.C. 1337 notice of investigation. Extensions of documents filed in connection with this and in section 210.10 of the time for submitting responses to the investigation are or will be available for Commission’s Rules of Practice and complaint and the notice of inspection during official business Procedure, 19 CFR 210.10 (2017). investigation will not be granted unless hours (8:45 a.m. to 5:15 p.m.) in the Scope of Investigation: Having good cause therefor is shown. Office of the Secretary, U.S. considered the complaint, the U.S. Failure of a respondent to file a timely International Trade Commission, 500 E International Trade Commission, on response to each allegation in the Street SW, Washington, DC 20436, January 16, 2018, ordered that— complaint and in this notice may be telephone (202) 205–2000. General (1) Pursuant to subsection (b) of deemed to constitute a waiver of the information concerning the Commission section 337 of the Tariff Act of 1930, as right to appear and contest the may also be obtained by accessing its amended, an investigation be instituted allegations of the complaint and this internet server at https://www.usitc.gov. to determine whether there is a notice, and to authorize the The public record for this investigation violation of subsection (a)(1)(B) of administrative law judge and the may be viewed on the Commission’s section 337 in the importation into the Commission, without further notice to electronic docket (EDIS) at https:// United States, the sale for importation, the respondent, to find the facts to be as edis.usitc.gov. Hearing-impaired or the sale within the United States after alleged in the complaint and this notice persons are advised that information on importation of certain load supporting and to enter an initial determination this matter can be obtained by systems, including composite mat and a final determination containing contacting the Commission’s TDD systems, and components thereof by such findings, and may result in the terminal on (202) 205–1810. reason of infringement of one or more of issuance of an exclusion order or a cease SUPPLEMENTARY INFORMATION: The claims 1–4 of the ’257 patent and claims and desist order or both directed against Commission instituted this investigation 1, 4, 5, 7, and 8 of the ’527 patent; and the respondent. on October 7, 2016, based on a

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complaint filed on behalf of Netlist, Inc. The authority for the Commission’s appearance in the preliminary phase of of Irvine, California. 81 FR 69853–54. determination is contained in section the investigations need not enter a The complaint, as supplemented, 337 of the Tariff Act of 1930, as separate appearance for the final phase alleged violations of section 337 of the amended, 19 U.S.C. 1337, and in part of the investigations. Industrial users, Tariff Act of 1930, as amended, 19 210 of the Commission’s Rules of and, if the merchandise under U.S.C. 1337, by reason of infringement Practice and Procedure, 19 CFR part investigation is sold at the retail level, of certain claims of the following U.S. 210. representative consumer organizations Patent Nos.: 8,756,364 (‘‘the ’364 By order of the Commission. have the right to appear as parties in patent’’); 8,689,064; 8,516,185; Issued: January 16, 2018. Commission antidumping and 8,001,434 (‘‘the ’434 patent’’); 8,359,501 countervailing duty investigations. The (‘‘the ’501 patent’’); and 8,489,837. The Lisa R. Barton, Secretary will prepare a public service Commission’s notice of investigation Secretary to the Commission. named SK Hynix Inc. of Gyeoonggi-do, [FR Doc. 2018–00983 Filed 1–19–18; 8:45 am] list containing the names and addresses of all persons, or their representatives, Republic of Korea; and SK Hynix BILLING CODE 7020–02–P America Inc. and SK Hynix Memory who are parties to the investigations. Solutions Inc., both of San Jose, Background California, as respondents. The Office of INTERNATIONAL TRADE Unfair Import Investigations (‘‘OUII’’) is COMMISSION These investigations were instituted, also a party to the investigation. Id. [Investigation Nos. 701–TA–591 and 731– pursuant to sections 703(a) and 733(a) of On May 31, 2017, the Commission TA–1399 (Preliminary)] the Tariff Act of 1930 (19 U.S.C. issued notice of its determination not to 1671b(a) and 1673b(a)), in response to a review the ALJ’s ID (Order No. 21) Common Alloy Aluminum Sheet From notification of investigations self- terminating the investigation as to the China initiated by the U.S. Department of ’364 patent based on partial withdrawal Determinations Commerce deemed by the Commission of the complaint. as having been filed on December 1, On November 14, 2017, the ALJ 1 On the basis of the record developed 2017. issued his final ID and recommended in the subject investigations, the United determination (RD) on remedy and States International Trade Commission Notice of the institution of the bonding in one document. The ID finds, (‘‘Commission’’) determines, pursuant Commission’s investigations and of a inter alia, that none of respondents’ to the Tariff Act of 1930 (‘‘the Act’’), public conference to be held in accused products infringe any of the that there is a reasonable indication that connection therewith was given by remaining asserted patents. The ID also an industry in the United States is posting copies of the notice in the Office finds that claims 1–3 and 5–7 of the ’434 materially injured by reason of imports of the Secretary, U.S. International patent and claim 1 of the ’501 patent are of common alloy aluminum sheet from Trade Commission, Washington, DC, not invalid as anticipated in view of China, provided for in subheadings and by publishing the notice in the U.S. Patent Publication No. 2005/ 7606.11.30, 7606.11.60, 7606.12.30, Federal Register of December 8, 2017 0257109 A1 (‘‘Averbuj’’). 7606.12.60, 7606.91.30, 7606.91.60, (82 FR 58025). The conference was held On November 27, 2017, complainant 7606.92.30, and 7606.92.60 of the in Washington, DC, on December 21, and respondents petitioned for review Harmonized Tariff Schedule of the 2017, and all persons who requested the of the final ID. On December 5, 2017, United States, that are alleged to be sold complainant, respondents, and OUII opportunity were permitted to appear in in the United States at less than fair person or by counsel. each filed a response in opposition to value (‘‘LTFV’’) and to be subsidized by the opposing petition for review. On the government of China. The Commission made these December 5, 2017, the Chairman granted determinations pursuant to sections respondents’ motion for leave to refile Commencement of Final Phase 703(a) and 733(a) of the Act (19 U.S.C. its petition for review out of time. Investigations 1671b(a) and 1673b(a)). It completed Having examined the record of this Pursuant to section 207.18 of the and filed its determinations in these investigation, including the ID, the Commission’s rules, the Commission investigations on January 16, 2018. The parties’ petitions for review, and the also gives notice of the commencement views of the Commission are contained responses thereto, the Commission has of the final phase of its investigations. in USITC Publication 4757 (January determined to review-in-part the final The Commission will issue a final phase 2018), entitled Common Alloy ID. Specifically, the Commission has notice of scheduling, which will be Aluminum Sheet from China: determined to review the ID’s finding published in the Federal Register as Investigation Nos. 701–TA–591 and that claims 1–3 and 5–7 of the ’434 provided in section 207.21 of the 731–TA–1399 (Preliminary). patent and claim 1 of the ’501 patent are Commission’s rules, upon notice from By order of the Commission. not anticipated by Averbuj. The the U.S. Department of Commerce Commission has determined not to (‘‘Commerce’’) of affirmative Issued: January 17, 2018. review the remainder of the final ID. preliminary determinations in the Lisa R. Barton, On review, the Commission investigations under sections 703(b) or Secretary to the Commission. determines to take no position on the 733(b) of the Act, or, if the preliminary ID’s finding that claims 1–3 and 5–7 of [FR Doc. 2018–01034 Filed 1–19–18; 8:45 am] determinations are negative, upon BILLING CODE 7020–02–P the ’434 patent and claim 1 of the ’501 notice of affirmative final patent are not invalid as anticipated in determinations in those investigations view of Averbuj. See Beloit Corp. v. under sections 705(a) or 735(a) of the Valmet Oy, 742 F.2d 1421 (Fed. Cir. Act. Parties that filed entries of 1984). The Commission therefore affirms the ID’s finding of no violation 1 The record is defined in sec. 207.2(f) of the of section 337 and terminates the Commission’s Rules of Practice and Procedure (19 investigation. CFR 207.2(f)).

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INTERNATIONAL TRADE Issued: January 16, 2018. The Commission found that the COMMISSION Lisa R. Barton, domestic interested party group Secretary to the Commission. response to its notice of institution (82 [Investigation No. 701–TA–575 (Final)] [FR Doc. 2018–00981 Filed 1–19–18; 8:45 am] FR 45892, October 2, 2017) was Tool Chests and Cabinets From China BILLING CODE 7020–02–P adequate and that the respondent (Final) interested party group response with respect to Ukraine was adequate, and Determination INTERNATIONAL TRADE decided to conduct a full review of the On the basis of the record 1 developed COMMISSION antidumping duty order on in the subject investigation, the United silicomanganese from Ukraine. The [Investigation No. 731–TA–672–673 (Fourth Commission found that the respondent States International Trade Commission Review)] (‘‘Commission’’) determines, pursuant interested party group response with to the Tariff Act of 1930 (‘‘the Act’’), Silicomanganese From China and respect to China was inadequate. that an industry in the United States is Ukraine; Notice of Commission However, the Commission determined materially injured by reason of imports Determinations To Conduct Full Five- to conduct a full review concerning the of tool chests and cabinets from China, Year Reviews order on silicomanganese from China to provided for in subheadings 7326.90.35, promote administrative efficiency in 7326.90.86, and 9403.20.00 of the AGENCY: United States International light of its decision to conduct a full Harmonized Tariff Schedule of the Trade Commission. review of the order on silicomanganese United States, that have been found by ACTION: Notice. from Ukraine. A record of the the Department of Commerce Commissioners’ votes, the SUMMARY: The Commission hereby gives Commission’s statement on adequacy, (‘‘Commerce’’) to be subsidized by the notice that it will proceed with full government of China. and any individual Commissioner’s reviews pursuant to the Tariff Act of statements will be available from the Background 1930 to determine whether revocation of Office of the Secretary and at the The Commission, pursuant to section the antidumping duty orders on Commission’s website. silicomanganese from China and 705(b) of the Act (19 U.S.C. 1671d(b), Authority: These reviews are being instituted this investigation effective Ukraine would be likely to lead to conducted under authority of title VII of the April 11, 2017, following receipt of a continuation or recurrence of material Tariff Act of 1930; this notice is published petition filed with the Commission and injury within a reasonably foreseeable pursuant to section 207.62 of the Commerce by Waterloo Industries Inc., time. A schedule for the reviews will be Commission’s rules. Sedalia, Missouri. The final phase of the established and announced at a later By order of the Commission. investigation was scheduled by the date. Issued: January 16, 2018. Commission following notification of a DATES: January 5, 2018. Lisa R. Barton, preliminary determination by FOR FURTHER INFORMATION CONTACT: Secretary to the Commission. Commerce that imports of tool chests Amelia Shister (202–205–2047), Office [FR Doc. 2018–00982 Filed 1–19–18; 8:45 am] and cabinets from China were of Investigations, U.S. International BILLING CODE 7020–02–P subsidized within the meaning of Trade Commission, 500 E Street SW, section 703(b) of the Act (19 U.S.C. Washington, DC 20436. Hearing- 1671b(b)). Notice of the scheduling of impaired persons can obtain DEPARTMENT OF JUSTICE the final phase of the Commission’s information on this matter by contacting investigation and of a public hearing to the Commission’s TDD terminal on 202– Antitrust Division be held in connection therewith was 205–1810. Persons with mobility given by posting copies of the notice in impairments who will need special Notice Pursuant to the National the Office of the Secretary, U.S. assistance in gaining access to the Cooperative Research and Production International Trade Commission, Commission should contact the Office Act of 1993—Interchangeable Virtual Washington, DC, and by publishing the of the Secretary at 202–205–2000. Instruments Foundation, Inc. notice in the Federal Register on General information concerning the September 25, 2017 (82 FR 44657). The Notice is hereby given that, on Commission may also be obtained by December 19, 2017, pursuant to Section hearing was held in Washington, DC, on accessing its internet server (https:// November 28, 2017, and all persons 6(a) of the National Cooperative www.usitc.gov). The public record for Research and Production Act of 1993, who requested the opportunity were these reviews may be viewed on the permitted to appear in person or by 15 U.S.C. 4301 et seq. (‘‘the Act’’), Commission’s electronic docket (EDIS) Interchangeable Virtual Instruments counsel. at https://edis.usitc.gov. The Commission made this Foundation, Inc. (‘‘IVI Foundation’’) has For further information concerning filed written notifications determination pursuant to section the conduct of these reviews and rules 705(b) of the Act (19 U.S.C. 1671d(b)). simultaneously with the Attorney of general application, consult the General and the Federal Trade It completed and filed its determination Commission’s Rules of Practice and in this investigation on January 16, Commission disclosing changes in its Procedure, part 201, subparts A through membership. The notifications were 2018. The views of the Commission are E (19 CFR part 201), and part 207, contained in USITC Publication 4753 filed for the purpose of extending the subparts A, D, E, and F (19 CFR part Act’s provisions limiting the recovery of (January 2018), entitled Tool Chests and 207). Cabinets from China: Investigation No. antitrust plaintiffs to actual damages 701–TA–575 (Final). SUPPLEMENTARY INFORMATION: On under specified circumstances. January 5, 2018, the Commission By order of the Commission. Specifically, ThinkRF, Kanata, determined that it should proceed to CANADA, has been added as a party to full reviews in the subject five-year 1 The record is defined in sec. 207.2(f) of the this venture. Commission’s Rules of Practice and Procedure (19 reviews pursuant to section 751(c) of the No other changes have been made in CFR 207.2(f)). Tariff Act of 1930 (19 U.S.C. 1675(c)). either the membership or planned

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activity of the group research project. Alliance, Inc. intends to file additional Register pursuant to Section 6(b) of the Membership in this group research written notifications disclosing all Act on October 17, 2017 (82 FR 48255). project remains open, and IVI changes in membership. Patricia A. Brink, Foundation intends to file additional On May 28, 2009, Pistoia Alliance, written notifications disclosing all Director of Civil Enforcement, Antitrust Inc. filed its original notification Division. changes in membership. pursuant to Section 6(a) of the Act. The [FR Doc. 2018–01062 Filed 1–19–18; 8:45 am] On May 29, 2001, IVI Foundation Department of Justice published a notice filed its original notification pursuant to in the Federal Register pursuant to BILLING CODE P Section 6(a) of the Act. The Department Section 6(b) of the Act on July 15, 2009 of Justice published a notice in the (74 FR 34364). DEPARTMENT OF JUSTICE Federal Register pursuant to Section The last notification was filed with 6(b) of the Act on July 30, 2001 (66 FR the Department on October 3, 2017. A Foreign Claims Settlement 39336). notice was published in the Federal Commission The last notification was filed with Register pursuant to Section 6(b) of the the Department on December 15, 2016. Act on November 13, 2017 (82 FR Completion of Claims Adjudication A notice was published in the Federal 52318). Program Register pursuant to Section 6(b) of the Act on January 11, 2017 (82 FR 3361). Patricia A. Brink, AGENCY: Foreign Claims Settlement Director of Civil Enforcement, Antitrust Commission of the United States, Patricia A. Brink, Division. Justice. Director of Civil Enforcement, Antitrust [FR Doc. 2018–01060 Filed 1–19–18; 8:45 am] ACTION: Notice. Division. BILLING CODE P [FR Doc. 2018–01061 Filed 1–19–18; 8:45 am] SUMMARY: This notice announces the BILLING CODE P completion date of the claims DEPARTMENT OF JUSTICE adjudication program referred to the Foreign Claims Settlement Commission DEPARTMENT OF JUSTICE Antitrust Division (‘‘Commission’’) by the Department of State by letter dated November 27, 2013 Antitrust Division Notice Pursuant to the National (the ‘‘Libya III program’’), involving Cooperative Research and Production claims of United States nationals against Notice Pursuant to the National Act of 1993—PXI Systems Alliance, the Government of Libya that were Cooperative Research and Production Inc. settled under the ‘‘Claims Settlement Act of 1993—Pistoia Alliance, Inc. Agreement Between the United States of Notice is hereby given that, on Notice is hereby given that, on America and the Great Socialist People’s December 14, 2017, pursuant to Section December 18, 2017, pursuant to Section Libyan Arab Jamahiriya,’’ dated August 6(a) of the National Cooperative 6(a) of the National Cooperative 14, 2008. By prior notice, the Research and Production Act of 1993, Research and Production Act of 1993, Commission announced the 15 U.S.C. 4301 et seq. (‘‘the Act’’), 15 U.S.C. 4301 et seq. (‘‘the Act’’), PXI commencement of the Libya III program Pistoia Alliance, Inc. has filed written Systems Alliance, Inc. (‘‘PXI Systems’’) on December 13, 2013 (78 FR 75944). notifications simultaneously with the has filed written notifications DATES: The completion date of the Libya Attorney General and the Federal Trade simultaneously with the Attorney III program is April 6, 2018. A petition Commission disclosing changes in its General and the Federal Trade to reopen a claim filed in the Libya III membership. The notifications were Commission disclosing changes in its program must be filed not later than filed for the purpose of extending the membership. The notifications were February 5, 2018 (60 days before the Act’s provisions limiting the recovery of filed for the purpose of extending the completion date). 45 CFR 509.5(l). Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages FOR FURTHER INFORMATION CONTACT: under specified circumstances. antitrust plaintiffs to actual damages Brian M. Simkin, Chief Counsel, Foreign Specifically, Vivenics, Oss, THE under specified circumstances. Claims Settlement Commission of the NETHERLANDS; Francisco J. Fernandez Specifically, Rohde & Schwarz GmbH & United States, 600 E Street NW, Room (individual member), Madrid, SPAIN; Co KG, Munchen, GERMANY, has 6002, Washington, DC 20579, Tel. (202) Arxspan, Southborough, MA; Andrew withdrawn as a party to this venture. 616–6975, FAX (202) 616–6993. Conkie (individual member), Glasgow, No other changes have been made in Notice of Completion of Claims UNITED KINGDOM; Till Dettmering either the membership or planned Adjudication Program (individual member), Frankfurt, activity of the group research project. GERMANY; Healthcare Impact Membership in this group research Pursuant to the authority conferred Foundation, New York, NY; Medley project remains open, and PXI Systems upon the Secretary of State and the Genomics, Providence, RI; cubuslab intends to file additional written Commission under subsection 4(a)(1)(C) GmbH, Karlsruhe, GERMANY; grit42, notifications disclosing all changes in of Title I of the International Claims Copenhagen, DENMARK; and Phenomic membership. Settlement Act of 1949 (Pub. L. 455, AI Inc., Toronto, CANADA, have been On November 22, 2000, PXI Systems 81st Cong., approved March 10, 1950, as added as parties to this venture. filed its original notification pursuant to amended by Public Law 105–277, Also, Instem, Melbourne, UNITED Section 6(a) of the Act. The Department approved October 21, 1998 (22 U.S.C. KINGDOM, has withdrawn as a party to of Justice published a notice in the 1623(a)(1)(C))), the Foreign Claims this venture. Federal Register pursuant to Section Settlement Commission hereby gives No other changes have been made in 6(b) of the Act on March 8, 2001 (66 FR notice that on April 6, 2018, the either the membership or planned 13971). Commission will complete the claims activity of the group research project. The last notification was filed with adjudication programs referred to the Membership in this group research the Department on September 26, 2017. Commission by the Department of State project remains open, and Pistoia A notice was published in the Federal by letter dated November 27, 2013 (the

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‘‘Libya III program’’), involving claims SUPPLEMENTARY INFORMATION: Section only when equivalent permissible of United States nationals against the 101(c) of the Federal Mine Safety and equipment does not exist. Government of Libya that were settled Health Act of 1977 and Title 30 of the (3) All other test and diagnostic under the ‘‘Claims Settlement Code of Federal Regulations Part 44 equipment used in or inby the last open Agreement Between the United States of govern the application, processing, and crosscut will be permissible. America and the Great Socialist People’s disposition of petitions for modification. (4) All nonpermissible electronic Libyan Arab Jamahiriya,’’ dated August testing and diagnostic equipment used I. Background 14, 2008. in or inby the last open crosscut will be Section 101(c) of the Federal Mine examined by a qualified person, as Brian M. Simkin, Safety and Health Act of 1977 (Mine defined in 30 CFR 75.153, prior to being Chief Counsel. Act) allows the mine operator or used to ensure the equipment is being [FR Doc. 2018–01047 Filed 1–19–18; 8:45 am] representative of miners to file a maintained in safe operating condition. BILLING CODE 4410–01–P petition to modify the application of any These examinations results will be mandatory safety standard to a coal or recorded in the weekly examination of other mine if the Secretary of Labor electrical equipment book and will be DEPARTMENT OF LABOR (Secretary) determines that: made available to MSHA and the miners 1. An alternative method of achieving at the mine. Mine Safety and Health Administration the result of such standard exists which (5) A qualified person, as defined in will at all times guarantee no less than 30 CFR 75.151, will continuously Petitions for Modification of the same measure of protection afforded monitor for methane immediately before Application of Existing Mandatory the miners of such mine by such and during the use of nonpermissible Safety Standards standard; or electronic testing and diagnostic AGENCY: Mine Safety and Health 2. That the application of such equipment in or inby the last open Administration, Labor. standard to such mine will result in a crosscut. The results of such examination(s) will be recorded as a ACTION: Notice. diminution of safety to the miners in such mine. special examination in the on-shift SUMMARY: This notice is a summary of In addition, the regulations at 30 CFR examination record books immediately petitions for modification submitted to 44.10 and 44.11 establish the after the shift on which the the Mine Safety and Health requirements and procedures for filing examination(s) were performed. Administration (MSHA) by the parties petitions for modification. (6) Nonpermissible electronic testing listed below. and diagnostic equipment will not be II. Petitions for Modification DATES: All comments on the petitions used if methane is detected in must be received by MSHA’s Office of Docket Number: M–2017–030–C. concentrations at or above 1.0 percent. Standards, Regulations, and Variances Petitioner: Bronco Utah Operations, When a 1.0 percent or more methane on or before February 21, 2018. LLC, P.O. Box 527, Emery, Utah 84522. concentration is detected while the nonpermissible electronic equipment is ADDRESSES: You may submit your Mine: Emery Mine, MSHA I.D. No. being used, the equipment will be comments, identified by ‘‘docket 42–00079, located in Emery County, deenergized immediately and number’’ on the subject line, by any of Utah. withdrawn to outby the last open the following methods: Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). crosscut. 1. Electronic Mail: zzMSHA- (7) All hand-held methane detectors Modification Request: The petitioner [email protected]. Include the docket will be MSHA-approved and requests a modification of the existing number of the petition in the subject maintained in permissible and proper standard to permit the alternative line of the message. operating condition as defined in 30 2. Facsimile: 202–693–9441. method of compliance to allow the use CFR 75.320. 3. Regular Mail or Hand Delivery: of nonpermissible low-voltage or (8) Except for the time necessary to MSHA, Office of Standards, battery-powered electronic testing or troubleshoot under actual mining Regulations, and Variances, 201 12th diagnostic equipment in or inby the last conditions, coal production in the miner Street South, Suite 4E401, Arlington, open crosscut. section will cease. However, coal may Virginia 22202–5452, Attention: Sheila The petitioner states that: remain in or on the equipment in order McConnell, Director, Office of (1) The use of nonpermissible low- to test and diagnose the equipment Standards, Regulations, and Variances. voltage or battery-powered electronic under ‘‘load.’’ Persons delivering documents are testing and diagnostic equipment will (9) Nonpermissible electronic testing required to check in at the receptionist’s be limited to laptop computers; and diagnostic equipment will not be desk in Suite 4E401. Individuals may oscilloscopes; vibration analysis used to test equipment when float coal inspect copies of the petition and machines; cable fault detectors; point dust is in suspension. comments during normal business temperature probes; infrared (10) All electronic testing and hours at the address listed above. temperature devices; voltage, current, diagnostic equipment will be used in MSHA will consider only comments and power measurement recorders; accordance with the manufacturer’s postmarked by the U.S. Postal Service or pressure and flow measurement devices; recommended safe use practices. proof of delivery from another delivery signal analyzer devices; ultrasonic (11) Qualified personnel engaged in service such as UPS or Federal Express thickness gauges; electronic the use of electronic testing and on or before the deadline for comments. tachometers; and nonpermissible diagnostic equipment will be properly FOR FURTHER INFORMATION CONTACT: surveying equipment. Other testing and trained to recognize the hazards and Barbara Barron, Office of Standards, diagnostic equipment may be used if limitations associated with use of the Regulations, and Variances at 202–693– approved in advance by the MSHA electronic testing and diagnostic 9447 (Voice), [email protected] District Office. equipment. (Email), or 202–693–9441 (Facsimile). (2) Nonpermissible electronic testing (12) The petitioner will notify MSHA [These are not toll-free numbers.] and diagnostic equipment will be used before using nonpermissible electronic

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testing and diagnostic equipment in or (4) Pennsylvania Deep Mine Safety haulage slope below the active gangway inby the last open crosscut. The notice presently has four deep mine inspectors level workings intermittently and for will advise MSHA when any that have deep mine rescue training and different periods of time on a daily nonpermissible electronic testing and are pledged to assist if required in an basis. During the wet season from late diagnostic equipment is put in service emergency. In addition, the surrounding winter to early summer, the pumps are and will give MSHA the opportunity to small mines have always provided often required to operate for extended inspect such equipment before being assistance during mine emergencies. periods of time to keep the mine from used. The petitioner asserts that the flooding. (13) Within 60 days after the proposed proposed alternative method will (2) Most anthracite mines work only decision and order (PDO) becomes final, provide the same measure of protection one shift per day, 5–6 days per week the petitioner will submit proposed afforded the miners under the existing during the colder months when coal revisions for its approved 30 CFR part standard. sales are greatest, and may only work 48 training plan to the District Manager. Docket Number: M–2017–032–C. 2–3 days per week during the warmer These revisions will specify initial and Petitioner: M & D Anthracite Coal months because of lower coal sales. refresher training regarding the terms Company, 2030 East Center Street, (3) The vast majority of underground and conditions of the PDO. Tremont, Pennsylvania 17981. anthracite mines are small, employ 5 or The petitioner asserts that application Mine: Slope #1 Mine, MSHA I.D. No. less miners underground, have very low of the existing standard will result in a 36–09976, located in Schuylkill County, daily coal production of less than 25 diminution of safety to the miners and Pennsylvania. tons, and have never encountered a that the proposed alternative method Regulation Affected: 30 CFR 49.6(a)(1) measurable quantity of methane during will at all times guarantee no less than and (a)(5) (Equipment maintenance the life of the mine. the same measure of protection afforded requirements). (4) Methane liberation in the few by the existing standard. Modification Request: The petitioner underground mines with a history of Docket Number: M–2017–031–C. requests a modification of the existing liberation occurs only when coal is shot Petitioner: M & D Anthracite Coal standard to permit the reduction of from the solid and is dissipated by face Company, 2030 East Center Street, twelve self-contained oxygen breathing ventilation shortly thereafter. Tremont, Pennsylvania 17981. apparatus, to eight self-contained (5) Underground anthracite miners are Mine: Slope #1 Mine, MSHA I.D. No. apparatus and the reduction of twelve significantly affected by natural 36–09976, located in Schuylkill County, permissible cap lamps and charging ventilation that continues after the mine Pennsylvania. rack to eight permissible cap lamps and fan has been intentionally stopped Regulation Affected: 30 CFR 49.2(b) charging rack. during idle periods. (Availability of mine rescue teams). The petitioner states that: (6) Accumulations of methane, in Modification Request: The petitioner (1) A petition for modification of 30 those underground mines with a history requests a modification of the existing CFR 49.2(b) allowing the reduction of of liberation, are historically found in standard to permit the reduction of two two rescue teams with five members chutes and breasts (entries driven up the mine rescue teams with five members and one alternate each to two rescue pitch) and are not yet connected to the and one alternate each to two mine teams of three members each with one adjacent return entry. These entries are rescue teams of three members each alternate has been granted to all not affected by the natural ventilation with one alternative for either team. operating anthracite coal mines. The petitioner states that: (2) Eight self-contained breathing air currents. (1) The underground mine is a small apparatus and eight permissible cap (7) The primary method of face mine and there is hardly enough lamps are sufficient to supply the seven ventilation utilized in underground physical room to accommodate more members of the rescue team. anthracite mines is compressed air than three or four miners in the working The petitioner asserts that the movers with approved tubing in the places. An attempt to utilize five or proposed alternative method will at all working place. They are shut off prior more rescue team members in the times guarantee no less than the same to the miners exiting the mine at the end mine’s confined working places would measure of protection afforded the of the shift and prior to the stoppage of result in a diminution of safety to both miners under the existing standard. the main fan for the idle shifts. Therefore, potential accumulation of the miners at the mine and members of Docket Number: M–2017–033–C. the rescue team. Petitioner: M & D Anthracite Coal methane in the working face is unlikely (2) Records of Mine Emergency Company, 2030 East Center Street, to be affected by natural ventilation responses over the last 20 years indicate Tremont, Pennsylvania 17981. currents. that rescue and recovery operations Mine: Slope #1 Mine, MSHA I.D. No. (8) The mine’s pumping system conducted by Anthracite Underground 36–09976, located in Schuylkill County, typically consists of a submersible Rescue, Inc. (AUGR) have never utilized Pennsylvania. pump located below the water level in more than one team. In addition, when Regulation Affected: 30 CFR the sump and a centrifugal pump one rescue team was utilized there were 75.311(b)(2) and (b)(3) (Main mine fan located in the intake haulage slope no more than three rescue team operation). above the active gangway level. The members traveling to a working place Modification Request: The petitioner pumps are started and shut off by a set simultaneously. requests a modification of the existing of switches or electrodes located in the (3) Employment in underground standard to permit the electrical circuits sump. The switch/electrode located at anthracite mines has decreased entering the underground mine to the highest elevation in the sump will substantially and the ratio of mine remain energized to the mine’s pumps, start the pumps when the water depth rescue teams to underground miners has while the main fan has been shut down increases to a pre-determined level to correspondingly been reduced. The loss during idle shifts when no miners are protect the active gangway level from of the underground work force working underground. flooding. The pumps will continue to dramatically reduces the pool of The petitioner states that: operate until the water level depth qualified people available to fill mine (1) The mine requires pumping water decreases to the elevation of the lower rescue positions. from the sump area of the intake switch/electrode.

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(9) Compliance with 30 CFR 75.311 Regulation Affected: 30 CFR 75.335 Regulation Affected: 30 CFR through the continuous operation of the (Seal strengths, design applications, and 75.1002(a) (Installation of electric main mine fan when pumps are installation). equipment and conductors; energized would result in a diminution Modification Request: The petitioner permissibility). of safety to the miners. During the requests a modification of the existing Modification Request: The petitioner colder months, the wet conditions standard to permit alternative methods requests a modification of the existing present in the intake haulage slope will of construction employing wooden standard to permit the use of result in freezing and accumulations of material of moderate size and weight nonpermissible electric equipment ice creating a hazard to the miners due to the difficulty in accessing within 150 feet of the pillar line to riding the slope conveyance and to previously driven headings and breasts include drags and battery locomotives those miners who must manually chip containing the inaccessible abandoned due in part to the method of mining away the ice in the pitching slope workings through the use of homemade used in pitching anthracite mines and thereby increasing a fall hazard. The ladders. Additionally, a design criterion the alternative hourly evaluation of the amount of ice accumulations during a in the 10-psi range should be accepted mine air quality for methane during single shift of production is usually due to the non-explosibility of operation with one of the gas test results minimal and can be melted during the anthracite coal dust and minimal to be recorded in the on-shift idle shifts, with the main fan off, as the potential for either an accumulation of examination record. Petitioner also natural ventilating air current is warmed methane in previously mined pitching proposes to suspend equipment by the higher underground temperatures veins or an ignition source in the gob operation anytime methane and carried through slope. area, and that seals installed in pairs concentration at the equipment reaches (10) The mine operator proposes to permit the water trap to be installed 0.5 percent either during operation or initiate the following alternatives to only in the gangway seal (lowest when found during a pre-shift ensure the safety of the miners: elevation) and sampling tube in the examination. (a) The examiner will determine monkey (higher elevation) seal. The petitioner states that: whether the pumps are operating and if The petitioner states that: (1) The equipment will be operated in the natural ventilation air current is (1) The required transportation of the working section’s only intake entry moving in the proper direction prior to solid concrete blocks or equivalent (gangway) which is regularly traveled energizing the main mine fan and before materials manually on ladders on and examined. starting the required pre-shift pitching anthracite veins will expose (2) The use of drags on less than examination. miners to greater hazards such as moderate pitching veins (less than 20 (b) In the cases where the pumps are falling, being struck by falling materials, degrees pitch) is the only practical not operating when the examiner or resulting strains or sprains due to the system of mining in use. arrives, the examiner will deenergize weight of the materials. (3) Permissible drags are not the pump circuits before starting the (2) No evidence of ignition in commercially available and, due in part main mine fan and will allow the fan to accessible abandoned anthracite to their small size, permissible operate for 30 minutes prior to entering workings has been found to date. locomotives are not commercially the mine to conduct the pre-shift (3) In veins pitching greater than 45 available. (4) As result of low daily production examination. degrees, the weight of the seal is rates and full timbering support, in- (c) During the pre-shift examination, transferred to the low side rib (coal). rushes of methane due to massive pillar when no accumulation of methane is (4) Irregularly shaped anthracite falls are unlikely to occur. found in the vicinity of the pumps, the openings would require substantial (5) Recovery of the pillars above the pump circuits may be energized before cutting of rectangular blocks to ensure first miner heading is usually the miners travel underground. proper tie-in to hitches in the top rock, accomplished on the advance within (d) In those cases where the pumps bottom rock, and low side coal rib. 150 feet of the section intake (gangway) are found to be already in operation (5) Concrete block and mortar and the remaining minable pillars because of high water levels and when construction for openings parallel to the recovered from the deepest point of the natural ventilating currents are pitching vein would be almost penetration outby. moving in the proper direction, the impossible to construct and subject to (6) The 5,000 cfm of required intake main mine fan will be started and run failure by its own weight. air flow is measured just outby the for 30 minutes before entering the mine (6) Isolation of inaccessible nonpermissible equipment with the to conduct a pre-shift examination. abandoned workings from an active ventilating air passing over the Examination of the mine pump section will permit natural venting of equipment to ventilate the pillar being installation will be completed prior to any potential methane build-up through mined. entering the active gangway level surface breeches, and the mine has not (7) The nonpermissible electrical working and before continuing the pre- experienced measurable liberation of equipment is attended during operation shift examination. methane to-date. and either power to the unit will be The petitioner asserts that the The petitioner asserts that the deenergized at the intersection of the proposed alternative method will proposed alternative method will working gangway and intake slope or provide no less than the same measure provide no less than the same measure the equipment will be moved to that of protection afforded the miners under of protection afforded the miners under area when production ceases, thereby, the existing standard. the existing standard. minimizing any ignition potential from Docket Number: M–2017–034–C. Docket Number: M–2017–035–C. the pillar recovery area. Petitioner: M & D Anthracite Coal Petitioner: M & D Anthracite Coal (8) Where more than one active line Company, 2030 East Center Street, Company, 2030 East Center Street, of pillar breast recovery exists, the Tremont, Pennsylvania 17981. Tremont, Pennsylvania 17981. locomotive may travel to a point just Mine: Slope #1 Mine, MSHA I.D. No. Mine: Slope #1 Mine, MSHA I.D. No. outby the deepest active chute/breast 36–09976, located in Schuylkill County, 36–09976, located in Schuylkill County, (room) workings or last open crosscut in Pennsylvania. Pennsylvania. a developing set of entries.

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The petitioner asserts that the (7) Where potential hazards exist and Regulation Affected: 30 CFR proposed alternative method will in-mine drilling capabilities limit 75.1400(c) (Hoisting equipment; provide no less than the same measure penetration, surface boreholes may be general). of protection afforded the miners under used to intercept the workings and Modification Request: The petitioner the existing standard. results analyzed prior to the beginning requests a modification of the existing Docket Number: M–2017–037–C. of mining in the affected area. standard to permit the gunboat to Petitioner: M & D Anthracite Coal The petitioner asserts that the transport persons without safety catches Company, 2030 East Center Street, proposed alternative method will or other no less effective devices Tremont, Pennsylvania 17981. provide no less than the same measure because to date, no such safety catch or Mine: Slope #1 Mine, MSHA I.D. No. of protection afforded the miners under device is available for steeply pitching 36–09976, located in Schuylkill County, the existing standard. and undulating slopes with numerous Pennsylvania. Docket Number: M–2017–038–C. curves and knuckles present in the main Regulation Affected: 30 CFR Petitioner: M & D Anthracite Coal haulage slopes of Anthracite mines, that 75.1200(d) and (i) (Mine map). Company, 2030 East Center Street, range in length from 30 to 4200 feet and Modification Request: The petitioner Tremont, Pennsylvania 17981. vary in pitch from 12 degrees and 75 requests a modification of the existing Mine: Slope #1 Mine, MSHA I.D. No. degrees. standard to permit the substitution of 36–09976, located in Schuylkill County, The petitioner states that: cross-sections in lieu of contour lines Pennsylvania. (1) A functional safety catch has not through the intake slope, at locations of Regulation Affected: 30 CFR 75.1202– been developed. Makeshift devices, if rock tunnel connections between veins, 1(a) (Temporary notations, revisions and installed, could be activated on and at 1,000 feet intervals of advance supplements). knuckles and curves when no from the intake slope and to limit the Modification Request: The petitioner emergency exists causing a tumbling required mapping of mine workings requests a modification of the existing effect on the conveyance which would above and below to those present within standard to permit the required interval increase rather than decrease the hazard 100 feet of the vein(s) being mined of survey to be on an annual basis from to miners. unless these veins are interconnected to the initial survey in lieu of the current (2) As an alternative, the petitioner other veins beyond the 100 feet limit, interval of not more than 6 months. proposes to operate the man cage or through rock tunnels. The petitioner proposes to continue to steel gunboat with secondary safety The petitioner states that: update the mine map by hand notations connections securely fastened around (1) Due to steep pitch encountered in on a daily basis and conduct subsequent the gunboat and to the hoisting rope mining anthracite coal veins, contours surveys prior to commencing retreat above the main connecting device and provide no useful information and their mining, and when either a drilling use hoisting ropes having a factor of presence would make portions of the program is required by 30 CFR 75.388 safety in excess of the 4 to 8 to 1 as map illegible. suggested in the American Standards (2) The vast majority of current or a plan for mining into inaccessible Specifications for Use of Wire Ropes for underground anthracite mining involves areas is required by 30 CFR 75.389. The petitioner states that: Mines. either second mining of remnant pillars (1) The low production and slow rate The petitioner asserts that the from previous mining/mine operators or of advance in anthracite mining make proposed alternative method will the mining of veins of lower quality in surveying on 6-month intervals provide no less than the same measure proximity to inaccessible and frequently impractical. The mine operates using of protection afforded the miners under flooded abandoned mine workings non-mechanized, hand-loading mining the existing standard. which may or may not be mapped. (3) All mapping for mines above and methods. In most cases, annual Docket Number: M–2017–040–C. below will be researched by a contract development is frequently limited to Petitioner: Mountain Coal Company, engineer for the presence of less than 500 feet of gangway advance LLC, 5174 Hwy. 133, Somerset, CO interconnecting rock tunnels between with associated up-pitch development. 81434. veins in relation to the mine and a (2) Development above the active Mine: West Elk Mine, MSHA I.D. No. hazard analysis done when mapping gangway is designed to mine into the 05–03672, located in Gunnison County, indicates the presence of known or level above at designated intervals Colorado. potentially flooded workings. thereby maintaining sufficient control Regulation Affected: 30 CFR (4) Mine workings found to exist between both surveyed gangways. 75.364(b)(2) (Weekly examination). beyond 100 feet from the mine, when no (3) The available engineering/ Modification Request: The petitioner rock tunnel connections are found, will surveyor resources are limited in the requests a modification of the existing be recognized as presenting no hazard to anthracite coal fields. Surveying on an standard that requires at least one entry the mine due to the pitch of the vein annual basis is difficult to achieve with of each return air course to be traveled and rock separation between. four individual contractors currently and examined in its entirety at least (5) Additionally, the mine workings available. every 7 days by a certified person. The above and below are usually inactive The petitioner asserts that the petitioner proposes to establish multiple and abandoned and therefore, not proposed alternative method will inlet and outlet evaluation points to subject to changes during the life of the provide no less than the same measure measure and evaluate at least every 7 mine. of protection afforded the miners under days the air quality, air quantity, and air (6) Where evidence indicates prior the existing standard. direction of all air entering and leaving mining was conducted on a vein above Docket Number: M–2017–039–C. the Sly Gulch South Mains Return in or below and research exhausts the Petitioner: M & D Anthracite Coal lieu of traveling one of the affected availability of mine mapping, the vein Company, 2030 East Center Street, entries. The petitioner states that: will be considered to be mined and Tremont, Pennsylvania 17981. (1) Multiple roof falls and floor heave flooded and appropriate precautions Mine: Slope #1 Mine, MSHA I.D. No. within the proposed evaluation area taken, as required by 30 CFR 75.388, 36–09976, located in Schuylkill County, limits the entries that can be traveled by where possible. Pennsylvania. the weekly examiner. Some of the

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traveled entries require the weekly DEPARTMENT OF LABOR docket, go to http://www.regulations.gov examiner to crawl on his hands and or the OSHA Docket Office at the above knees, preventing quick egress if Occupational Safety and Health address. All documents in the docket necessary. Administration (including this Federal Register notice) (2) All air entering and leaving the [Docket No. OSHA–2011–0066] are listed in the http:// www.regulations.gov index; however, affected area can be measured and Vertical Tandem Lifts (VTLs) for Marine some information (e.g., copyrighted evaluated safely from the proposed inlet Terminals; Extension of the Office of material) is not publicly available to and outlet evaluation points shown on Management and Budget’s (OMB) read or download through the website. the drawing attached to this petition. Approval of Information Collection All submissions, including copyrighted Access to the proposed inlet and outlet (Paperwork) Requirements material, are available for inspection evaluation points is not hindered by and copying at the OSHA Docket Office. roof falls or excessive floor heave, AGENCY: Occupational Safety and Health You may also contact Theda Kenney at allowing quick egress if necessary. Administration (OSHA), Labor. the address below to obtain a copy of (3) There are no seals or electrical ACTION: Request for public comments. the ICR. installations within the proposed SUMMARY: OSHA solicits public FOR FURTHER INFORMATION CONTACT: evaluation area that must be examined. comments concerning its proposal to Charles McCormick or Theda Kenney, (4) In lieu of traveling one of the extend the Office of Management and Directorate of Standards and Guidance, return entries in the proposed Budget’s (OMB) approval of the OSHA, U.S. Department of Labor, evaluation area, at least every 7 days, a information collection requirements telephone (202) 693–2222. certified person will: specified in the Vertical Tandem Lifts SUPPLEMENTARY INFORMATION: (VTLs) for Marine Terminals. (a) Measure the air quantity at each I. Background DATES: Comments must be submitted inlet and outlet evaluation point. If the (postmarked, sent, or received) by The Department of Labor, as part of its combined air quantity at the outlet March 23, 2018. continuing effort to reduce paperwork evaluation points differs by more than ADDRESSES: and respondent (i.e., employer) burden, 20 percent from the combined air Electronically: You may submit conducts a preclearance consultation quantity at the inlet evaluation points, comments and attachments program to provide the public with an ventilation controls surrounding the electronically at: http:// opportunity to comment on proposed affected area will be examined from the www.regulations.gov, which is the and continuing information collection outby side and corrective measures will Federal eRulemaking Portal. Follow the requirements in accord with the be implemented to repair the affected instructions online for submitting Paperwork Reduction Act of 1995 (PRA) ventilation controls to restore the comments. (44 U.S.C. 3506(c)(2)(A)). This program differential air quantities to within 20 Facsimile: If your comments, ensures that information is in the percent. including attachments, are not longer desired format, reporting burden (time and cost) is minimal, collection (b) Measure the air quality at each than 10 pages, you may fax them to the instruments are clearly understood, and inlet and outlet evaluation point. Both OSHA Docket Office at (202) 693–1648. OSHA’s estimate of the information the methane and oxygen concentrations Mail, hand delivery, express mail, messenger, or courier service: When collection burden is accurate. The will be measured. Methane using this method, you must submit a Occupational Safety and Health Act of concentrations at the inlet and outlet copy of your comments and attachments 1970 (the OSH Act) (29 U.S.C. 651 et evaluation points will be a minimum of to the OSHA Docket Office, Docket No. seq.) authorizes information collection 19.5 percent. OSHA–2011–0066, Occupational Safety by employers as necessary or (c) Verify the proper air direction as and Health Administration, U.S. appropriate for enforcement of the OSH indicated on the drawing at each inlet Department of Labor, Room N–3653, Act or for developing information and outlet evaluation point. 200 Constitution Avenue NW, regarding the causes and prevention of occupational injuries, illnesses, and (d) Record the air quantity, air quality, Washington, DC 20210. Deliveries accidents (29 U.S.C. 657). The OSH Act and a notation of proper air direction at (hand, express mail, messenger, and also requires that OSHA obtain such each inlet and outlet evaluation point in courier service) are accepted during the Department of Labor’s and Docket information with minimum burden the weekly examination book. Office’s normal business hours, 10:00 upon employers, especially those The petitioner asserts that the a.m. to 3:00 p.m., E.T. operating small businesses, and to proposed alternative method will at all Instructions: All submissions must reduce to the maximum extent feasible times guarantee no less than the same include the Agency name and OSHA unnecessary duplication of effort in measure of protection as that afforded docket number (OSHA–2011–0066) for obtaining information (29 U.S.C. 657). by the existing standard and that the Information Collection Request The VTL Standard for Marine traveling one of the affected entries (ICR). All comments, including any Terminals (29 CFR part 1917) specifies results in a diminution of safety. personal information you provide, are the following collection of information placed in the public docket without requirements. The purpose of each of Sheila McConnell, change, and may be made available these requirements is to provide Director, Office of Standards, Regulations, online at http://www.regulations.gov. workers with safe work practices when and Variances. For further information on submitting conducting VTLs. [FR Doc. 2018–01008 Filed 1–19–18; 8:45 am] comments, see the ‘‘Public Paragraph (i)(8)(iv) of § 1917.71 BILLING CODE 4520–43–P Participation’’ heading in the section of requires employers to ensure that the this notice titled SUPPLEMENTARY interbox connectors used in VTLs have INFORMATION. been certified by a competent authority Docket: To read or download authorized under § 1918.11 (for interbox comments or other material in the connectors that are part of a vessel’s

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gear) or § 1917.50 (for other interbox terminals, the Agency reduced the personal information such as social connectors). Paragraph (i)(8)(v) requires estimated number of marine terminals security numbers and date of birth. employers to have a certificate available that use VTLs with updated Although all submissions are listed in for inspection that attests that the establishment data from the North the http://www.regulations.gov index, interbox connector meets the strength American Classification Information some information (e.g., copyrighted criteria specified in paragraph (i)(8)(iv) System (NACIS) retrieved from the material) is not publicly available to of the standard. Also, paragraph Bureau of Labor Statistics http:// read or download through this website. (i)(8)(vi) requires that each interbox www.regulations.gov. All submissions, including copyrighted connector be clearly and durably Type of Review: Extension of a material, are available for inspection marked with its safe working load for currently approved collection. and copying at the OSHA Docket Office. lifting, including an identifying number Title: Vertical tandem Lifts (VTLs) for Information on using the http:// or mark that will enable it to be Marine Terminals (29 CFR part 1917). www.regulations.gov website to submit associated with its test certificate. OMB Control Number: 1218–0260. comments and access the docket is The certification is necessary to Affected Public: Business or other for- available at the website’s ‘‘User Tips’’ ensure that interbox connector-corner profits; not-for-profit organizations; link. Contact the OSHA Docket Office casting assemblies have adequate Federal Government; State, Local, or for information about materials not strength to safely perform the lift. Tribal Government. available from the website, and for Marking of interbox connectors informs Number of Respondents: 128. assistance in using the internet to locate employers, workers, and OSHA that the Number of Responses: 128. docket submissions. Frequency of Responses: On occasion. interbox connectors have been certified. V. Authority and Signature Paragraph (j)(2) of § 1917.71 requires Average Time per Response: The the employer to develop, implement, average time is 4 hours for employers to Loren Sweatt, Deputy Assistant and maintain a written plan for generate, develop, and maintain a Secretary of Labor for Occupational transporting vertically connected written plan for transporting vertically Safety and Health, directed the containers in the terminal. The transport coupled containers in a terminal. preparation of this notice. The authority plan helps ensure the safety of terminal Estimated Total Burden Hours: 512. for this notice is the Paperwork workers and thereby enhances Estimated Cost (Operation and Reduction Act of 1995 (44 U.S.C. 3506 productivity. Paragraph (k)(2) of Maintenance): $0. et seq.) and Secretary of Labor’s Order § 1917.71 requires the written transport IV. Public Participation—Submission of No. 1–2012 (77 FR 3912). plan to identify a safe work zone within Comments on This Notice and Internet Signed at Washington, DC, on January 12, which workers are not permitted to be Access to Comments and Submissions 2018. present when a VTL is in motion. You may submit comments in Loren Sweatt, Written plans give employers, response to this document as follows: Deputy Assistant Secretary of Labor for workers, and OSHA compliance officers (1) Electronically at: http:// Occupational Safety and Health. assurance that VTLs are safe to use and www.regulations.gov, which is the [FR Doc. 2018–00973 Filed 1–19–18; 8:45 am] provide the compliance officers with an Federal eRulemaking Portal; (2) by BILLING CODE 4510–26–P efficient means to assess employer facsimile; or (3) by hard copy. All compliance with the Standard. comments, attachments, and other II. Special Issues for Comment material must identify the Agency name LIBRARY OF CONGRESS and the OSHA docket number for the OSHA has a particular interest in Copyright Royalty Board comments on the following issues: ICR (Docket No. OSHA–2011–0066). • Whether the proposed information You may supplement electronic [Docket Nos. 18–CRB–0001–AU (Music collection requirements are necessary submissions by uploading document Choice), 18–CRB–0002–AU (Google Inc.), 18–CRB–0003–AU (Alpha Media LLC)] for the proper performance of the files electronically. If you wish to mail additional materials in reference to an Agency’s functions to protect workers, Notice of Intent To Audit including whether the information is electronic or a facsimile submission, useful; you must submit them to the OSHA AGENCY: Copyright Royalty Board (CRB), • The accuracy of OSHA’s estimate of Docket Office (see the section of this Library of Congress. the burden (time and costs) of the notice titled ADDRESSES). The additional ACTION: Public notice. information collection requirements, materials must clearly identify your including the validity of the electronic comments by your name, SUMMARY: The Copyright Royalty Judges methodology and assumptions used; date, and the docket number so that the announce receipt of three notices of • The quality, utility, and clarity of Agency can attach them to your intent to audit the 2013, 2014, and 2015 the information collected; and comments. statements of account submitted by • Ways to minimize the burden on Because of security procedures, the commercial webcaster and broadcaster employers who must comply; for use of regular mail may cause a Alpha Media LLC and by commercial example, by using automated or other significant delay in the receipt of webcasters Google Inc. and Music technological information collection comments. For information about Choice 1 concerning royalty payments and transmission techniques. security procedures concerning the each made pursuant to two statutory delivery of materials by hand, express licenses. III. Proposed Actions delivery, messenger, or courier service, ADDRESSES: Docket: For access to the OSHA is proposing an adjustment please contact the OSHA Docket Office docket to read background documents, decrease of the existing burden hour at (202) 693–2350, (TTY (877) 889– estimate for the collection of 5627). 1 The Judges’ receipt and publication of information requirement specified by Comments and submissions are SoundExchange’s notice of intent to audit Music Choice in these circumstances does not imply an the Standard from 560 hours to 512 posted without change at: http:// opinion regarding the applicability of the section hours—a total decrease of 48 hours. www.regulations.gov. Therefore, OSHA 112 and 114 licenses to Music Choice’s webcast Based on staff expertise with marine cautions commenters about submitting transmissions.

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go to eCRB, the Copyright Royalty United States for the years 2014, 2015, dial the Toll Number 1–517–645–6359 Board’s electronic filing and case and 2016. On December 29, 2017, it or Toll Free Number 1–800–779–9966, management system, at https:// filed a notice of intent to audit Music and then the numeric passcode app.crb.gov/ and search for docket Choice for its webcast transmissions for 3954829, followed by the # sign on all numbers 18–CRB–0001–AU (Music the same years. The Judges must publish three days. Note: If dialing in, please Choice), 18–CRB–0002–AU (Google notice in the Federal Register within 30 ‘‘mute’’ your phone. To join via WebEx, Inc.), and 18–CRB–0003–AU (Alpha days of receipt of a notice announcing the link is https://nasa.webex.com/; the Media LLC). the Collective’s intent to conduct an meeting number on February 21 is 993 FOR FURTHER INFORMATION CONTACT: audit. See id. Today’s notice fulfills this 463 983, password is PAC@Feb21; the Anita Blaine, CRB Program Specialist, requirement with respect to meeting number on February 22 is 998 by telephone at (202) 707–7658 or email SoundExchange’s notices of intent to 765 672, password is PAC@Feb22, and at [email protected]. audit filed December 22, 2017, and the meeting number on February 23 is SUPPLEMENTARY INFORMATION: The December 29, 2017. 993 512 979, password is PAC@Feb23. Copyright Act, title 17 of the United Dated: January 17, 2018. The agenda for the meeting includes States Code, grants to sound recordings Suzanne M. Barnett, the following topics: copyright owners the exclusive right to Chief Copyright. —Planetary Science Division Update —Planetary Science Division Research publicly perform sound recordings by [FR Doc. 2018–01011 Filed 1–19–18; 8:45 am] and Analysis Program Update means of certain digital audio BILLING CODE 1410–72–P transmissions, subject to limitations. Attendees will be requested to sign a Specifically, the performance right is register and to comply with NASA limited by the statutory license in NATIONAL AERONAUTICS AND security requirements, including the section 114, which allows nonexempt SPACE ADMINISTRATION presentation of a valid picture ID to noninteractive digital subscription Security before access to NASA services, eligible nonsubscription [Notice: 18–003] Headquarters. Foreign nationals services, pre-existing subscription attending this meeting will be required services, and preexisting satellite digital Planetary Science Advisory to provide a copy of their passport and audio radio services to perform publicly Committee; Meeting visa in addition to providing the sound recordings by means of digital AGENCY: National Aeronautics and following information no less than 10 audio transmissions. 17 U.S.C. 114(f). In Space Administration. days prior to the meeting: Full name; addition, a statutory license in section ACTION: Notice of meeting. gender; date/place of birth; citizenship; 112 allows a service to make necessary passport information (number, country, ephemeral reproductions to facilitate SUMMARY: In accordance with the telephone); visa information (number, the digital transmission of the sound Federal Advisory Committee Act, as type, expiration date); employer/ recording. 17 U.S.C. 112(e). amended, the National Aeronautics and affiliation information (name of Licensees may operate under these Space Administration (NASA) institution, address, country, licenses provided they pay the royalty announces a meeting of the Planetary telephone); title/position of attendee to. fees and comply with the terms set by Science Advisory Committee (PAC). To expedite admittance, attendees with the Copyright Royalty Judges. The rates This Committee functions in an U.S. citizens and Permanent Residents and terms for the section 112 and 114 advisory capacity to the Director, (green card holders) are requested to licenses are set forth in 37 CFR parts Planetary Science Division, in the provide full name and citizenship status 380 and 382–84. NASA Science Mission Directorate. The no less than 3 working days in advance As part of the terms for these licenses, meeting will be held for the purpose of by contacting Ms. KarShelia Henderson the Judges designated SoundExchange, soliciting, from the planetary science via email at [email protected] or by Inc., as the Collective, i.e., the community and other persons, scientific fax at (202) 358–2779. It is imperative organization charged with collecting and technical information relevant to that the meeting be held on these dates royalty payments and statements of program planning. to accommodate the scheduling account submitted by eligible licensees DATES: Wednesday, February 21, 2018, priorities of the key participants. and with distributing royalties to the 9:00 a.m. to 5:00 p.m., Thursday, Carol J. Hamilton, copyright owners and performers February 22, 2018, 8:30 a.m. to 5:00 Acting Advisory Committee Management entitled to receive them under the p.m., and Friday, February 23, 2018, section 112 and 114 licenses. See, e.g., Officer, National Aeronautics and Space 8:30 a.m. to 5:00 p.m., Local Time. Administration. 37 CFR 380.2(a).2 ADDRESSES: NASA Headquarters, Room As the Collective, SoundExchange [FR Doc. 2018–00957 Filed 1–19–18; 8:45 am] 5H41, 300 E Street SW, Washington, DC BILLING CODE 7510–13–P may, only once a year, conduct an audit 20546. of a licensee for any or all of the prior FOR FURTHER INFORMATION CONTACT: three calendar years in order to verify Ms. NATIONAL AERONAUTICS AND royalty payments. SoundExchange must KarShelia Henderson, Science Mission SPACE ADMINISTRATION first file with the Judges a notice of Directorate, NASA Headquarters, intent to audit a licensee and deliver the Washington, DC 20546, (202) 358–2355, notice to the licensee. See, e.g., 37 CFR fax (202) 358–2779, or khenderson@ [Notice 18–004] 380.6(c). nasa.gov. On December 22, 2017, SUPPLEMENTARY INFORMATION: The Notice of Intent To Grant Exclusive SoundExchange filed with the Judges meeting will be open to the public up Patent License notices of intent to audit licensees to the capacity of the room. This AGENCY: National Aeronautics and Alpha Media LLC and Google Inc. for meeting will also be available Space Administration. their transmissions terminating in the telephonically and by WebEx. You must ACTION: Notice of intent to grant use a touch-tone phone to participate in exclusive Patent license. 2 Citations are to current sections of the CFR. this meeting. Any interested person may

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SUMMARY: NASA hereby gives notice of found online at http:// Cohen Act (Pub. L. 104–106), this notice its intent to grant an exclusive patent technology.nasa.gov. announces that the U.S. Office of Personnel Management (OPM) intends license in the United States to practice Mark P. Dvorscak, the invention described and claimed in to submit to the Office of Management Agency Counsel for Intellectual Property. for U.S. Patent Number 9,514,734 and Budget (OMB) a request for review [FR Doc. 2018–00989 Filed 1–19–18; 8:45 am] entitled ‘‘Acoustic Liners for Turbine of an expiring information collection. Engines’’, LEW 18769–1 and U.S. Patent BILLING CODE 7510–13–P Standard Form 1153, Claim for Unpaid pending for an invention entitled Compensation for Deceased Civilian ‘‘Improved Acoustic Liners for Turbine Employee, is used to collect information NATIONAL CREDIT UNION from individuals who have been Engines’’, LEW 18769–2, to Tellus ADMINISTRATION designated as beneficiaries of the Aerospace, Inc., having its principal unpaid compensation of a deceased place of business in San Jose, California. Sunshine Act Meetings Federal employee or who believe that The fields of use may be limited to their relationship to the deceased aircraft (manned and unmanned) TIME AND DATE: 10:00 a.m., Thursday, entitles them to receive the unpaid engines. January 25, 2018. compensation of the deceased Federal PLACE: Board Room, 7th Floor, Room employee. OPM needs this information DATES: The prospective exclusive 7047, 1775 Duke Street (All visitors in order to adjudicate the claim and license may be granted unless, no later must use Diagonal Road Entrance), properly assign a deceased Federal than February 6, 2018, NASA receives Alexandria, VA 22314–3428. employee’s unpaid compensation to the written objections including evidence STATUS: Open. appropriate individual(s). and argument that establish that the MATTERS TO BE CONSIDERED: DATES: Comments are encouraged and grant of the license would not be 1. Board Briefing, Civil Monetary will be accepted until March 23, 2018. consistent with the requirements Penalty Statutory Inflation This process is conducted in accordance regarding the licensing of federally Adjustment. with 5 CFR 1320.1. owned inventions as set forth in the 2. NCUA Rules and Regulations, ADDRESSES: Interested persons are Bayh-Dole Act and implementing Involuntary Liquidation and Claims invited to submit written comments on regulations. Competing applications Procedures. the proposed information collection to completed and received by NASA no 3. NCUA’s 2018—2022 Strategic Plan, the Merit System Accountability and later than February 6, 2018 will also be and 2018 Annual Performance Plan. Compliance, Office of Personnel treated as objections to the grant of the 4. Board Briefing, Call Report Management, 1900 E. Street NW, contemplated exclusive license. Modernization. Washington, DC 20415, Attention: Objections submitted in response to this RECESS: 11:00 a.m. Damon Ford or sent via electronic mail notice will not be made available to the TIME AND DATE: 11:15 a.m., Thursday, to [email protected]. public for inspection and, to the extent January 25, 2018. FOR FURTHER INFORMATION CONTACT: permitted by law, will not be released PLACE: Board Room, 7th Floor, Room A copy of this ICR, with applicable under the Freedom of Information Act. 7047, 1775 Duke Street, Alexandria, VA supporting documentation, may be ADDRESSES: Objections relating to the 22314–3428. obtained by contacting the Compensation and Leave Claims prospective license may be submitted to STATUS: Closed. Patent Counsel, Office of Chief Counsel, Program, Office of Personnel MATTERS TO BE CONSIDERED: Management, 1900 E. Street NW, MS 142–7, NASA Glenn Research 1. Supervisory Action. Closed pursuant Washington, DC 20415, Attention: Center, 21000 Brookpark Rd., Cleveland, to Exemptions (8), (9)(i)(B), and Damon Ford or sent via electronic mail OH 44135. Phone (216) 433–3663. (9)(ii). to [email protected] or 202–606– Facsimile (216) 433–6790. FOR FURTHER INFORMATION CONTACT: 7948. Gerard Poliquin, Secretary of the Board, FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The Office Telephone: 703–518–6304. Robert Earp, Patent Counsel, Office of of Management and Budget is Chief Counsel, MS 142–7, NASA Glenn Gerard Poliquin, particularly interested in comments Research Center, 21000 Brookpark Rd., Secretary of the Board. that: Cleveland, OH 44135. Phone (216) 433– [FR Doc. 2018–01181 Filed 1–18–18; 4:15 pm] 1. Evaluate whether the proposed 3663. Facsimile (216) 433–6790. BILLING CODE 7535–01–P collection of information is necessary for the proper performance of the SUPPLEMENTARY INFORMATION: This functions of the agency, including notice of intent to grant an exclusive whether the information will have patent license is issued in accordance OFFICE OF PERSONNEL MANAGEMENT practical utility; with 35 U.S.C. 209(c)(1) and 37 CFR 2. Evaluate the accuracy of the 404.7(a)(1)(i). The patent rights in these Submission for Review: Claim for agency’s estimate of the burden of the inventions have been assigned to the Unpaid Compensation for Deceased proposed collection of information, United States of America as represented Civilian Employee, SF 1153, 3206–0234 including the validity of the by the Administrator of the National methodology and assumptions used; Aeronautics and Space Administration. AGENCY: Office of Personnel 3. Enhance the quality, utility, and The prospective exclusive license will Management. clarity of the information to be comply with the requirements of 35 ACTION: 60-Day notice and request for collected; and U.S.C. 209 and 37 CFR 404.7. comments. 4. Minimize the burden of the collection of information on those who Information about other NASA SUMMARY: In accordance with the are to respond, including through the inventions available for licensing can be Paperwork Reduction Act of 1995 (Pub. use of appropriate automated, L. 104–13) as amended by the Clinger- electronic, mechanical, or other

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technological collection techniques or This process is conducted in accordance Number of Respondents: 11,000. other forms of information technology, with 5 CFR 1320.1. Estimated Time per Respondent: 20 e.g., permitting electronic submissions ADDRESSES: Interested persons are minutes. of responses. invited to submit written comments on Total Burden Hours: 3,667. MSAC adjudicates classification the proposed information collection to Office of Personnel Management. appeals, job-grading appeals, FLSA the Office of Personnel Management, Kathleen M. McGettigan, Claims, compensation and leave Claims, Retirement Services, 1900 E Street NW, Acting Director. and declination of reasonable offer Room 2347E, Washington, DC 20415, [FR Doc. 2018–01052 Filed 1–19–18; 8:45 am] appeals, as well as the settling of Attention: Alberta Butler, or sent by BILLING CODE 6325–38–P disputed Claims for unpaid email to [email protected]. compensation due deceased Federal FOR FURTHER INFORMATION CONTACT: A employees. This adjudicative function copy of this ICR with applicable SECURITIES AND EXCHANGE provides Federal employees supporting documentation, may be COMMISSION administrative due process rights to obtained by contacting the Retirement challenge compensation and related Services Publications Team, Office of [Release No. 34–82506; File No. SR–NYSE– 2018–01] agency decisions without having to seek Personnel Management, 1900 E Street redress in Federal courts. These NW, Room 3316–L, Washington, DC Self-Regulatory Organizations; New decisions are also a critical resource for 20415, Attention: Cyrus S. Benson, or agency HR offices in making their own York Stock Exchange LLC; Notice of sent by email to Cyrus.Benson@ Filing of Proposed Rule Change To classification, pay, and FLSA opm.gov, by phone to 202–606–4808 or determinations. Amend the Complimentary Products faxed to (202) 606–0910. and Services Available to Certain Analysis SUPPLEMENTARY INFORMATION: The Eligible New Listings Pursuant to Agency: Merit System Accountability Representative Payee Survey is used to Section 907.00 of the Exchange’s and Compliance, Office of Personnel collect information about how the Listed Company Manual Management. benefits paid to a representative payee have been used or conserved for the January 16, 2018. Title: Standard Form 1153, Claim for Pursuant to Section 19(b)(1) 1 of the Unpaid Compensation of Deceased benefit of the incompetent annuitant. The Office of Management and Budget Securities Exchange Act of 1934 (the Civilian Employee. ‘‘Act’’),2 and Rule 19b–4 thereunder,3 OMB Number: 3206–0234. is particularly interested in comments notice is hereby given that, on January Frequency: Annually. that: Affected Public: Federal Employees 1. Evaluate whether the proposed 3, 2018, New York Stock Exchange LLC and Retirees. collection of information is necessary (‘‘NYSE’’ or the ‘‘Exchange’’) filed with Number of Respondents: 3,000. for the proper performance of functions the Securities and Exchange Estimated Time per Respondent: 15 of OPM, including whether the Commission (the ‘‘Commission’’) the minutes. information will have practical utility; proposed rule change as described in Total Burden Hours: 750 hours. 2. Evaluate the accuracy of OPM’s Items I, II, and III below, which Items have been prepared by the self- Office of Personnel Management. estimate of the burden of the proposed collection of information, including the regulatory organization. The Kathleen M. McGettigan, Commission is publishing this notice to Acting Director. validity of the methodology and assumptions used; solicit comments on the proposed rule [FR Doc. 2018–01051 Filed 1–19–18; 8:45 am] 3. Enhance the quality, utility, and change from interested persons. BILLING CODE 6325–58–P clarity of the information to be I. Self-Regulatory Organization’s collected; and Statement of the Terms of Substance of OFFICE OF PERSONNEL 4. Minimize the burden of the the Proposed Rule Change MANAGEMENT collection of information on those who The Exchange proposes to amend are to respond, including through the 907.00 of the Exchange’s Listed Submission for Review: use of appropriate automated, Company Manual (the ‘‘Manual’’) to Representative Payee Survey, RI 38– electronic, mechanical, or other provide that companies initially listed 115 technological collection techniques or on or after April 1, 2018 will no longer other forms of information technology, be eligible to receive corporate AGENCY: Office of Personnel e.g., permitting electronic submissions governance tools under the Exchange’s Management. of responses. services offering. The proposed rule ACTION: 60-Day notice and request for Form RI 38–115, Representative Payee change is available on the Exchange’s comments. Survey, is used to collect information website at www.nyse.com, at the about how the benefits paid to a principal office of the Exchange, and at SUMMARY: The Retirement Services, representative payee have been used or Office of Personnel Management (OPM) the Commission’s Public Reference conserved for the benefit of the Room. offers the general public and other incompetent annuitant. Federal agencies the opportunity to II. Self-Regulatory Organization’s comment on a revised information Analysis Statement of the Purpose of, and collection request (ICR), Representative Agency: Retirement Operations, Statutory Basis for, the Proposed Rule Payee Survey. As required by the Retirement Services, Office of Personnel Change Paperwork Reduction Act of 1995 (Pub. Management. In its filing with the Commission, the L. 104–13) as amended by the Clinger- Title: Representative Payee Survey. self-regulatory organization included Cohen Act (Pub. L. 104–106), OPM is OMB Number: 3206–0208. soliciting comments for this collection. Frequency: Annually. 1 15 U.S.C. 78s(b)(1). DATES: Comments are encouraged and Affected Public: Individuals or 2 15 U.S.C. 78a. will be accepted until March 23, 2018. Households. 3 17 CFR 240.19b–4.

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statements concerning the purpose of, be eligible to receive any complimentary initial listing occurs on or after April 1, and basis for, the proposed rule change corporate governance tools.6 2018 will be eligible for an identical and discussed any comments it received services offering with the exception of 2. Statutory Basis on the proposed rule change. The text the discontinued corporate governance of those statements may be examined at The Exchange believes that the tools. In addition, all companies whole the places specified in Item IV below. proposed rule change is consistent with [sic] initial listing occurs prior to April The Exchange has prepared summaries, Section 6(b) 7 of the Act, in general, and 1, 2018 will continue to be eligible for set forth in sections A, B, and C below, furthers the objectives of Section 6(b)(5) corporate governance services on the of the most significant parts of such of the Act,8 in particular in that it is same terms as they are currently offered. statements. designed to promote just and equitable principles of trade, to foster cooperation C. Self-Regulatory Organization’s A. Self-Regulatory Organization’s and coordination with persons engaged Statement on Comments on the Statement of the Purpose of, and the in regulating, clearing, settling, Proposed Rule Change Received From Statutory Basis for, the Proposed Rule processing information with respect to, Members, Participants, or Others Change and facilitating transactions in No written comments were solicited securities, to remove impediments to or received with respect to the proposed 1. Purpose and perfect the mechanism of a free and rule change. The Exchange proposes to amend open market and a national market III. Date of Effectiveness of the Section 907.00 of the Manual to provide system, and, in general, to protect Proposed Rule Change and Timing for that companies initially listed on or investors and the public interest. The Commission Action after April 1, 2018 will no longer be Exchange believes that the proposed Within 45 days of the date of eligible to receive corporate governance amendment is not unfairly publication of this notice in the Federal tools under the Exchange’s services discriminatory, as all companies listed Register or up to 90 days (i) as the offering. on or after April 1, 2018 will continue to be eligible to avail themselves of the Commission may designate if it finds 4 Currently, all Eligible New Listings same services offering with the such longer period to be appropriate are entitled to receive complimentary exception of the corporate governance and publishes its reasons for so finding access to corporate governance tools for tools offering which will be or (ii) as to which the self-regulatory a period of 24 calendar months with a discontinued. It is not unfairly organization consents, the Commission commercial value of approximately discriminatory to continue to offer will: $50,000).5 In the Exchange’s experience, corporate governance tools to (A) By order approve or disapprove companies that qualify as Eligible New companies listed prior to April 1, 2018 the proposed rule change, or Listings have generally not been on the same terms as they are currently (B) institute proceedings to determine interested in utilizing the corporate offered, as that benefit was part of the whether the proposed rule change governance tools available as part of the services offering that was available at should be disapproved. Exchange’s services offering. the time of those companies’ initial IV. Solicitation of Comments Consequently, the Exchange proposes to listing and may have had some Interested persons are invited to amend Section 907.00 to discontinue its influence over their listing decisions. submit written data, views, and provision of corporate governance tools. The Exchange further believes that the arguments concerning the foregoing, Eligible New Listings with an initial proposed rule change is consistent with including whether the proposed rule listing date before April 1, 2018, will Section 6(b)(4) of the Act.9 In particular, change is consistent with the Act. continue to be eligible to avail the Exchange has found that companies Comments may be submitted by any of themselves of complimentary corporate that qualify as Eligible New Listings the following methods: governance tools on the same terms as have generally not been interested in such services are currently offered. utilizing the corporate governance tools Electronic Comments Companies whose initial listing date is available as part of the Exchange’s • Use the Commission’s internet on or after April 1, 2018 will no longer services offerings and, therefore, the comment form (http://www.sec.gov/ Exchange believes it is reasonable to rules/sro.shtml); or 4 For the purposes of Section 907.00, the term eliminate such offering. • Send an email to rule-comments@ ‘‘Eligible New Listing’’ means (i) any U.S. company that lists common stock on the Exchange for the B. Self-Regulatory Organization’s sec.gov. Please include File Number SR– first time and any non-U.S. company that lists an Statement on Burden on Competition NYSE–2018–01 on the subject line. equity security on the Exchange under Section 102.01 or 103.00 of the Manual for the first time, The Exchange does not believe that Paper Comments regardless of whether such U.S. or non-U.S. the proposed rule change will impose • Send paper comments in triplicate company conducts an offering and (ii) any U.S. or any burden on competition that is not non-U.S. company emerging from a bankruptcy, to Secretary, Securities and Exchange spinoff (where a company lists new shares in the necessary or appropriate in furtherance Commission, 100 F Street NE, absence of a public offering), and carve-out (where of the purpose of the Act. The proposed Washington, DC 20549–1090. a company carves out a business line or division, rule change does not impose any burden All submissions should refer to File which then conducts a separate initial public on competition, as all companies whose offering). Number SR–NYSE–2018–01. This file 5 The period of complimentary products and number should be included on the 6 This rule filing is subject to Commission services provided to Eligible New Listing subject line if email is used. To help the Companies begins on the date of listing on the approval. If the Commission does not approve this Exchange. Notwithstanding the foregoing, however, rule filing prior to April 1, 2018, the Exchange will Commission process and review your if an Eligible New Listing begins to use a particular amend this rule filing to propose that the comments more efficiently, please use product or service provided for under Section complimentary corporate governance services only one method. The Commission will offering provided for in Section 907.00 of the 907.00 within 30 days of its initial listing date, the post all comments on the Commission’s complimentary period will begin on the date of first Manual will be terminated as of a later date. use. The Exchange’s current offering of corporate 7 15 U.S.C. 78f(b). internet website (http://www.sec.gov/ governance services have a commercial value of 8 15 U.S.C. 78f(b)(5). rules/sro.shtml). Copies of the approximately $50,000 on an annual basis. 9 15 U.S.C. 78f(b)(4). submission, all subsequent

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amendments, all written statements comments on the proposed rule change changes proposed herein are non- with respect to the proposed rule from interested persons. substantive rule changes, they merely change that are filed with the I. Self-Regulatory Organization’s seek to conform the rule text structure Commission, and all written Statement of the Terms of Substance of to that of other affiliated markets. communications relating to the the Proposed Rule Change proposed rule change between the 2. Statutory Basis The Exchange proposes to relocate Commission and any person, other than The Exchange believes that its those that may be withheld from the Rule 1080(n) (‘‘Price Improvement XL’’ or ‘‘PIXL’’), make conforming cross- proposal is consistent with Section 6(b) public in accordance with the 6 reference changes and minor corrections of the Act, in general, and furthers the provisions of 5 U.S.C. 552, will be 7 throughout the Exchange’s rulebook. objectives of Section 6(b)(5) of the Act, available for website viewing and in particular, in that it is designed to printing in the Commission’s Public The text of the proposed rule change promote just and equitable principles of Reference Room, 100 F Street NE, is available on the Exchange’s website at trade, to remove impediments to and Washington, DC 20549, on official http://nasdaqphlx.cchwallstreet.com/, perfect the mechanism of a free and business days between the hours of at the principal office of the Exchange, open market and a national market 10:00 a.m. and 3:00 p.m. Copies of the and at the Commission’s Public system, and, in general to protect filing also will be available for Reference Room. investors and the public interest, by inspection and copying at the principal II. Self-Regulatory Organization’s improving the way its rulebook is office of the Exchange. All comments Statement of the Purpose of, and organized, making it easier to read, to received will be posted without change. Statutory Basis for, the Proposed Rule Persons submitting comments are Change align it closer to the rules of its sister exchanges and, particularly, to help cautioned that we do not redact or edit In its filing with the Commission, the personal identifying information from market participants better understand Exchange included statements the rules of the Exchange. comment submissions. You should concerning the purpose of and basis for submit only information that you wish the proposed rule change and discussed B. Self-Regulatory Organization’s to make available publicly. All any comments it received on the Statement on Burden on Competition submissions should refer to File proposed rule change. The text of these Number SR–NYSE–2018–01, and statements may be examined at the The Exchange does not believe that should be submitted on or before places specified in Item IV below. The the proposed rule change will impose February 12, 2018. Exchange has prepared summaries, set any burden on competition not For the Commission, by the Division of forth in sections A, B, and C below, of necessary or appropriate in furtherance Trading and Markets, pursuant to delegated the most significant aspects of such of the purposes of the Act. The authority.10 statements. Exchange’s proposal does not impose an Eduardo A. Aleman, undue burden on competition, rather A. Self-Regulatory Organization’s Assistant Secretary. the proposal seeks to make non- Statement of the Purpose of, and substantive rule changes to relocate the [FR Doc. 2018–00977 Filed 1–19–18; 8:45 am] Statutory Basis for, the Proposed Rule rule and update cross references to Rule BILLING CODE 8011–01–P Change 1080(n) as well as other incorrect cross- 1. Purpose references. SECURITIES AND EXCHANGE The Exchange proposes to relocate C. Self-Regulatory Organization’s COMMISSION Exchange Rule 1080(n) to Rule 1087, Statement on Comments on the which is currently reserved. This Proposed Rule Change Received From [Release No. 34–82505; File No. SR–Phlx– proposal seeks to better organize the Members, Participants, or Others 2018–06] rules to avoid lengthy rules, specifically Rule 1080, to make the rule easier to No written comments were either Self-Regulatory Organizations; Nasdaq read. Also, to locate the PIXL auction solicited or received. PHLX LLC; Notice of Filing and rule similar to the auction rules of its Immediate Effectiveness of Proposed affiliated options exchanges, as a III. Date of Effectiveness of the Rule Change To Relocate Price separate rule.3 The Exchange also Proposed Rule Change and Timing for Improvement XL Rule proposes to amend cross-references to Commission Action current Rule 1080(n) to new Rule 1087.4 January 16, 2018. Because the foregoing proposed rule Finally, the Exchange will make minor change does not (i) significantly affect Pursuant to Section 19(b)(1) of the corrections to Rule 1000(b)(14) to Securities Exchange Act of 1934 update incorrect cross-references to the protection of investors or the public (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Rules 1064 and 1080.07 to their current interest; (ii) impose any significant notice is hereby given that on January 8, locations.5 The Exchange notes that the burden on competition; and (iii) become 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or operative for 30 days from the date on ‘‘Exchange’’) filed with the Securities 3 See NOM and BX Options Rules at Chapter VI. which it was filed, or such shorter time and Exchange Commission 4 Specifically, the Exchange will amend cross as the Commission may designate, it has (‘‘Commission’’) the proposed rule references in Rules 1000, 1080, and 1098. become effective pursuant to Section 5 The Exchange will insert the word 19(b)(3)(A)(iii) of the Act 8 and change as described in Items I and II ‘‘Commentary’’ after the citation to Rule 1064.02, to below, which Items have been prepared properly cite the section of the rule. by the Exchange. The Commission is Moreover, the cite to Rule 1080.07 will be the most recent change approved for this rule. publishing this notice to solicit updated to Rule 1098, as rule 1080.07 was relocated Securities Exchange Act Release No. 77449 (March to existing Rule 1098 in 2016. Securities Exchange 25, 2016), 81 FR 18665 (March 31, 2016) (SR–Phlx– Act Release No. 78001 (June 7, 2016), 81 FR 38246 2016–10). 10 17 CFR 200.30–3(a)(12). (June 13, 2016) (SR–Phlx–2016–63). 6 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1). Finally, the call ‘‘(ii),’’ at the end of Rule 7 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4. 1000(b)(14) will be removed, as it was not part of 8 15 U.S.C. 78s(b)(3)(A)(iii).

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subparagraph (f)(6) of Rule 19b–4 Electronic Comments SECURITIES AND EXCHANGE thereunder.9 COMMISSION • Use the Commission’s internet A proposed rule change filed under comment form (http://www.sec.gov/ Rule 19b–4(f)(6) normally does not rules/sro.shtml); or [Release No. 34–82504; File No. SR– become operative for 30 days after the NYSEArca–2018–01] date of its filing. However, Rule 19b– • Send an email to rule-comments@ 4(f)(6)(iii) 10 permits the Commission to sec.gov. Please include File Number SR– Self-Regulatory Organizations; NYSE designate a shorter time if such action Phlx–2018–06 on the subject line. Arca, Inc.; Notice of Filing and is consistent with the protection of Immediate Effectiveness of Proposed Paper Comments investors and the public interest. The Rule Change To Amend Rule 7.31–E Exchange has requested that the • Send paper comments in triplicate Relating to Mid-Point Liquidity Orders Commission waive the 30-day operative to Secretary, Securities and Exchange and the Minimum Trade Size Modifier delay so that the proposed rule change Commission, 100 F Street NE, and Rule 7.36–E To Add a Definition of will become operative on filing. The Washington, DC 20549–1090. ‘‘Aggressing Order’’ Exchange stated that the proposed rule change promotes the protection of All submissions should refer to File January 16, 2018. investors and the public interest by Number SR–Phlx–2018–06. This file Pursuant to Section 19(b)(1) 1 of the improving the organization and number should be included on the Securities Exchange Act of 1934 (the readability of the Exchange’s rules. subject line if email is used. To help the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Waiver of the operative delay would Commission process and review your notice is hereby given that, on January allow the Exchange, without delay, to comments more efficiently, please use 3, 2018, NYSE Arca, Inc. (the continue to amend other sections of only one method. The Commission will ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with Rule 1080 for improved readability, post all comments on the Commission’s the Securities and Exchange therefore, the Commission believes that internet website (http://www.sec.gov/ Commission (the ‘‘Commission’’) the waiver of the 30-day operative delay is rules/sro.shtml). Copies of the proposed rule change as described in consistent with the protection of submission, all subsequent Items I and II below, which Items have investors and the public interest. amendments, all written statements been prepared by the self-regulatory Accordingly, the Commission hereby with respect to the proposed rule waives the operative delay and organization. The Commission is change that are filed with the publishing this notice to solicit designates the proposed rule change Commission, and all written operative upon filing.11 comments on the proposed rule change communications relating to the from interested persons. At any time within 60 days of the proposed rule change between the filing of such proposed rule change, the Commission and any person, other than I. Self-Regulatory Organization’s Commission summarily may those that may be withheld from the Statement of the Terms of Substance of temporarily suspend such rule change if public in accordance with the the Proposed Rule Change it appears to the Commission that such provisions of 5 U.S.C. 552, will be The Exchange proposes to amend action is necessary or appropriate in the available for website viewing and public interest, for the protection of Rule 7.31–E relating to Mid-Point printing in the Commission’s Public investors, or otherwise in furtherance of Liquidity Orders and the Minimum Reference Room, 100 F Street NE, the purposes of the Act. If the Trade Size modifier and Rule 7.36–E to Commission takes such action, the Washington, DC 20549 on official add a definition of ‘‘Aggressing Order.’’ Commission shall institute proceedings business days between the hours of The proposed rule change is available to determine whether the proposed rule 10:00 a.m. and 3:00 p.m. Copies of the on the Exchange’s website at change should be approved or filing also will be available for www.nyse.com, at the principal office of disapproved. inspection and copying at the principal the Exchange, and at the Commission’s office of the Exchange. All comments Public Reference Room. IV. Solicitation of Comments received will be posted without change. II. Self-Regulatory Organization’s Interested persons are invited to Persons submitting comments are Statement of the Purpose of, and submit written data, views, and cautioned that we do not redact or edit Statutory Basis for, the Proposed Rule arguments concerning the foregoing, personal identifying information from including whether the proposed rule comment submissions. You should Change change is consistent with the Act. submit only information that you wish In its filing with the Commission, the Comments may be submitted by any of to make available publicly. All self-regulatory organization included the following methods: submissions should refer to File statements concerning the purpose of, Number SR–Phlx–2018–06, and should and basis for, the proposed rule change 9 17 CFR 240.19b-4(f)(6). In addition, Rule 19b– be submitted on or before February 12, and discussed any comments it received 4(f)(6) requires a self-regulatory organization to give 2018. the Commission written notice of its intent to file on the proposed rule change. The text the proposed rule change, along with a brief For the Commission, by the Division of of those statements may be examined at description and text of the proposed rule change, Trading and Markets, pursuant to delegated the places specified in Item IV below. at least five business days prior to the date of filing authority.12 of the proposed rule change, or such shorter time The Exchange has prepared summaries, as designated by the Commission. The Exchange Eduardo A. Aleman, set forth in sections A, B, and C below, has satisfied this requirement. Assistant Secretary. of the most significant parts of such 10 17 CFR 240.19b–4(f)(6)(iii). [FR Doc. 2018–00976 Filed 1–19–18; 8:45 am] statements. 11 For purposes only of waiving the 30-day operative delay, the Commission also has BILLING CODE 8011–01–P considered the proposed rule’s impact on 1 15 U.S.C. 78s(b)(1). efficiency, competition, and capital formation. See 2 15 U.S.C. 78a. 15 U.S.C. 78c(f). 12 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4.

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A. Self-Regulatory Organization’s Orders,5 and Tracking Orders.6 As such, which they are marketable. However, Statement of the Purpose of, and the the MTS modifier is currently available there are circumstances when a resting Statutory Basis for, the Proposed Rule only for orders that are not displayed order may become marketable, such as Change and do not route. On arrival, both Limit orders that become eligible to trade IOC Orders and MPL Orders with an 1. Purpose when a PBBO unlocks or uncrosses (e.g., MTS modifier will trade against contra- MPL and Pegged Orders) or orders that Mid-Point Liquidity (‘‘MPL’’) Orders side orders in the NYSE Arca Book that have a trading restriction at specified and the Minimum Trade Size (‘‘MTS’’) 7 in the aggregate, meet the MTS. Once prices (e.g., as discussed in greater modifier and Rule 7.36–E (Order resting, MPL Orders and Tracking detail below, MPL–ALO Orders or Ranking and Display) to add a definition Orders with an MTS modifier function orders with an MTS Modifier). To of ‘‘Aggressing Order.’’ [sic] For MPL similarly: If a contra-side order does not maximize the potential for orders to Orders, the Exchange proposes to meet the MTS, the incoming order will amend the price at which a marketable not trade with and may trade through trade, the Exchange continually MPL Order would trade when there are the resting order with the MTS modifier. evaluates whether resting orders may resting orders priced better than the In addition, both MPL Orders and become marketable. Events that could midpoint. The Exchange further Tracking Orders with an MTS modifier trigger a resting order to become proposes to amend functionality related will be cancelled if such orders are marketable include updates to the to MPL–ALO Orders to describe how traded in part or reduced in size and the working price of such order, updates to orders would trade if an MPL–ALO remaining quantity is less than the MTS. the PBBO or NBBO, changes to other Order locks contra-side same-priced orders on the NYSE Arca Book, or Proposed Definition of ‘‘Aggressing interest on the NYSE Arca Book. For processing of inbound messages (e.g., an Order’’ MTS, the Exchange proposes to move all update to Price Bands under the discussion relating to the MTS modifier The Exchange proposes to amend Regulation NMS Plan to Address to new sub-paragraph (i)(3) of Rule Rule 7.36–E to add a definition that Extraordinary Market Volatility). To 7.31–E and in so doing, amend how would be used for purposes of Rule address such circumstances, the resting orders with an MTS modifier 7–E. Proposed Rule 7.36–E(a)(5) would Exchange proposes to include in would trade in specified circumstances. define the term ‘‘Aggressing Order’’ to proposed Rule 7.36–E(a)(5) that a resting Background mean a buy (sell) order that is or order may become an Aggressing Order becomes marketable against sell (buy) if its working price changes, if the PBBO As provided for in current Rule 7.31– interest on the NYSE Arca Book.8 This or NBBO is updated, because of changes E(d)(3)(C), on arrival, an MPL Order to term would therefore refer to orders that to other orders on the NYSE Arca Book, buy (sell) that is eligible to trade will are marketable against other orders on trade with resting orders to sell (buy) the NYSE Arca Book, such as incoming or when processing inbound messages. with a working price at or below (above) orders and orders that have returned The order that becomes the the midpoint of the PBBO (i.e., priced unexecuted after routing. Aggressing Order is the liquidity-taking better than the midpoint of the PBBO). This term would also be applicable to order. Generally, if resting orders on The rule further provides that resting resting orders that become marketable both sides are determined to be an MPL Orders to buy (sell) will trade at due to one or more events. For the most Aggressing Order, e.g., a locked PBBO the midpoint of the PBBO against all part, resting orders will have already becomes unlocked and as a result, MPL incoming orders to sell (buy) priced at traded with contra-side orders against Orders are repriced, the later-arriving or below (above) the midpoint of the order will be the liquidity-taking order.9 PBBO (i.e., priced better than the 5 See Rule 7.31–E(d)(3)(D) (‘‘An MPL Order may However, if the evaluation results in midpoint of the PBBO). be designated with an MTS of a minimum of one Current Rule 7.31–E(d)(3)(F) provides round lot and will be rejected on arrival if the MTS only one side becoming an Aggressing that an MPL Order may be designated is larger than the size of the MPL Order. On arrival, Order, e.g., an order with an MTS an MPL Order to buy (sell) with an MTS will trade Modifier becomes eligible to trade and with an ALO Modifier (an ‘‘MPL–ALO with sell (buy) orders in the NYSE Arca Book that Order’’) and that on arrival, an MPL– in the aggregate, meets its MTS. If the sell (buy) the contra-side order(s) have no working ALO Order to buy (sell) will trade with orders do not meet the MTS, the MPL Order to buy price changes, the order with the MTS resting orders to sell (buy) with a (sell) will not trade on arrival and will be ranked Modifier would become the liquidity- in the NYSE Arca Book. Once resting, an MPL working price below (above) the Order to buy (sell) with an MTS will trade with an taking Aggressing Order. As described midpoint of the PBBO, but will not order to sell (buy) that meets the MTS and is priced below, the Exchange proposes to use the trade with resting orders to sell (buy) at or below (above) the midpoint of the PBBO. If term ‘‘Aggressing Order’’ in the rule text priced at the midpoint of the PBBO. The an order does not meet an MPL Order’s MTS, the relating to the MTS Modifier and the order will not trade with and may trade through rule further provides that a resting such MPL Order. If an MPL Order with an MTS is MPL–ALO Order. Because an MPL–ALO Order to buy (sell) will trade traded in part or reduced in size and the remaining Aggressing Order becomes a liquidity with an arriving order to sell (buy) that quantity of the order is less than the MTS, the MPL taker, such term could be applicable to is eligible to trade at the midpoint of the Order will be cancelled.’’) 6 See Rule 7.31–E(d)(4)(C) (‘‘A Tracking Order other circumstances. For example, an PBBO. order with a Non-Display Remove The MTS modifier is currently may be designated with an MTS of one round lot or more. If an incoming order cannot meet the MTS, Modifier that trades as a liquidity taker available for Limit IOC Orders,4 MPL a Tracking Order with a later working time will would also be considered an Aggressing trade ahead of the Tracking Order designated with Order. However, at this time, the 4 See Rule 7.31–E(b)(2)(A) (‘‘A Limit IOC Order to an MTS with an earlier working time. If a Tracking buy (sell) may be designated with a minimum trade Order with an MTS is traded in part or reduced in Exchange does not propose to amend its size (‘‘MTS’’), which will trade against sell (buy) size and the remaining quantity is less than the rules to use the term ‘‘Aggressing orders in the NYSE Arca Book that in the aggregate, MTS, the Tracking Order will be cancelled.’’) Order’’ because the rule already meets its MTS. On entry, a Limit IOC Order with 7 Tracking Orders, including Tracking Orders an MTS must have a minimum of one round lot and with an MTS modifier, are passive orders that do specifies which order is the liquidity will be rejected on arrival if the MTS is larger than not trade on arrival. See Rule 7.31–E(d)(4)(A). taker. the size of the Limit IOC Order. A Limit IOC Order 8 The term ‘‘marketable’’ is defined in Rule 1.1(y) with an MTS that cannot be immediately traded at to mean for a Limit Order, an order than [sic] can its minimum size will be cancelled in its entirety.’’) be immediately executed or routed. 9 See, e.g., Rule 7.31–E(d)(3)(B).

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Proposed Amendments Relating to MPL The Exchange also proposes to amend priced resting order to sell (buy), a and MPL–ALO Orders the rule governing MPL–ALO Orders to subsequently arriving order to sell (buy) The Exchange proposes to amend the make similar changes. Currently, MPL– eligible to trade at the midpoint would first sentence of current Rule 7.31– ALO Orders are described in Rule 7.31– trade ahead of a resting order to sell E(d)(3)(C) to make this text applicable to E(d)(3)(F). Because of changes described (buy) that is not displayed at that price. any marketable MPL Order, and not just below relating to MTS, as proposed, Accordingly, if an MPL–ALO Order an arriving MPL Order. To effect this MPL–ALO Orders would be described locks a non-displayed order, such change, the Exchange proposes to use in Rule 7.31–E(d)(3)(E). resting MPL–ALO Order can trade at the term ‘‘Aggressing Order’’ and In amending proposed Rule 7.31– that price with a subsequent order. replace the phrase ‘‘[o]n arrival, an MPL E(d)(3)(E), the Exchange proposes to By contrast, the second sentence of Order to buy (sell) that is eligible to break the current rule text into three proposed Rule 7.31–E(d)(3)(E)(ii) would trade’’ with the phrase, ‘‘[a]n Aggressing sub-paragraphs. The first sentence of provide that if such resting order to sell MPL Order to buy (sell).’’ current Rule 7.31–E(d)(3)(F), which (buy) is displayed, the MPL–ALO Order The Exchange also proposes to amend provides that an MPL Order may be to buy (sell) would not be eligible to the first sentence of current Rule 7.31– designated with an ALO Modifier, trade at that price. Accordingly, if an E(d)(3)(C) to describe at what price an would follow Rule 7.31–E(d)(3)(E). The MPL–ALO Order locks a displayed Aggressing MPL Order would trade with current second sentence of Rule 7.31– order, such resting MPL–ALO Order contra-side resting orders that are priced E(d)(3)(F) would be set forth in would not be eligible to trade at that better than the midpoint. The rule proposed Rule 7.31–E(d)(3)(E)(i). The price with any interest. The Exchange currently provides that an arriving MPL Exchange proposes to amend this rule in proposes to treat displayed orders Order to buy (sell) would trade with the same manner that it is proposing to locked by an MPL–ALO Order resting orders to sell (buy) with a amend the first sentence of Rule 7.31– differently to avoid having non- working price at or below (above) the E(d)(3)(C), described above. In addition, displayed orders trade ahead of a same- midpoint of the PBBO. The Exchange the Exchange proposes a non- priced, same-side displayed order. substantive, clarifying amendment to proposes to specify that when an Proposed Amendments Relating to MTS Aggressing MPL Order trades with add that an arriving MPL–ALO Order resting orders priced better than the would trade with a contra-side same- The Exchange proposes to consolidate midpoint, it will trade at the working priced order that has been designated all references to MTS modifiers in Rule price of the resting orders, which is with a Non-Display Remove Modifier, 7.31–E in proposed Rule 7.31–E(i)(3) as current functionality. For example, if which is current functionality. a new additional order instruction and the PBB is 10.10 and the midpoint is Accordingly, proposed Rule 7.31– modifier to be referred to as the 10.13, and there are non-displayed sell E(d)(3)(E)(i) would provide that an ‘‘Minimum Trade Size (‘MTS’) orders of 100 shares with working prices Aggressing MPL–ALO Order to buy (sell) Modifier.’’ As proposed, Rule 7.31– of 10.11 and 10.12, an Aggressing MPL will trade with resting orders to sell E(i)(3) would provide that a Limit IOC Order to buy with a limit of 10.13 for (buy) with a working price below Order, MPL Order, or Tracking Order 200 shares would trade with such non- (above) the midpoint of the PBBO at the may be designated with an MTS displayed sell orders at 10.11 and 10.12, working price of the resting orders, but Modifier, which is existing respectively. The Exchange believes that will not trade with resting orders to sell functionality. Because this proposed this proposed amendment would (buy) priced at the midpoint of the rule would specify which orders would promote transparency in Exchange rules PBBO unless such resting order is be eligible for the MTS Modifier, the regarding at what price an Aggressing designated with a Non-Display Remove Exchange proposes to delete existing MPL Order would trade. Modifier pursuant to paragraph (d)(3)(F) rule text specifying which orders are By using the term ‘‘Aggressing of this Rule (proposed new text and are not eligible for an MTS 12 Order,’’ this rule would be applicable to italicized).10 Modifier. Proposed Rule 7.31–E(i)(3) a resting MPL Order that becomes Because an Aggressing MPL–ALO is based in part on NYSE American Rule marketable, such as after a PBBO Order does not trade with resting 7.31E(i)(3). unlocks or uncrosses. In the above contra-side orders priced at the Proposed Rule 7.31–E(i)(3)(A) would example, if the MPL Order to buy is midpoint of the PBBO (unless the provide that an MTS must be a ineligible to trade because of a crossed resting order has the Non-Display minimum of a round lot and that an PBBO, and while the PBBO is crossed, Remove Modifier), the Exchange order with an MTS Modifier would be the Exchange receives the two non- proposes to specify the circumstances of rejected if the MTS is less than a round displayed sell orders, when the PBBO when an MPL–ALO Order would be lot or if the MTS is larger than the size uncrosses and the new midpoint is eligible to trade if it locks contra-side of the order. This proposed rule text is 10.13, the resting MPL Order would orders, which would differ depending based on the next-to-last sentence of become an Aggressing Order and would on whether the contra-side order is current Rule 7.31–E(b)(2)(A) and the trade with the non-displayed sell orders displayed.11 The first sentence of first sentence of current Rule 7.31– at 10.11 and 10.12, respectively. Proposed Rule 7.31–E(d)(3)(E)(ii) would E(d)(3)(D), and in part on the first The Exchange also proposes to amend provide that if an MPL–ALO Order to sentence of current Rule 7.31–E(d)(4)(C), the second sentence of Rule 7.31– buy (sell) cannot trade with a same- with non-substantive differences to use E(d)(3)(C) to replace the term ‘‘incoming common terminology when applying orders’’ with the term ‘‘Aggressing 10 A resting MPL–ALO Order that becomes an Aggressing Order would trade consistent with 12 The Exchange proposes to delete references to Orders.’’ This proposed rule change proposed Rule 7.31–E(d)(3)(E)(i) and therefore MTS in Rules 7.31–E(b)(2)(A), 7.31–E(b)(2)(B), would provide greater specificity that would trade with contra-side orders priced better 7.31–E(d)(3)(D), 7.31–E(d)(4)(C), 7.31–E(e)(3)(B), any contra-side order that is an than the midpoint, but would not trade at the and 7.46–E(f)(1)(A). As noted above, because Aggressing Order, as defined in midpoint unless such order had a Non-Display current Rule 7.31–E(d)(3)(D) would be deleted in its Remove Modifier. entirety, the remaining sub-paragraphs of Rule proposed Rule 7.36–E(a)(5), would trade 11 A displayed odd-lot order that is not included 7.31–E(d)(3) would be renumbered accordingly. In with a resting MPL Order at the in the calculation of the PBBO could be at the same addition, current Rule 7.31–E(d)(4)(C) would be midpoint of the PBBO. price as an MPL Order. deleted in its entirety.

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this requirement to all of the order types a price equal to a displayed contra-side Order and trade as the liquidity taker eligible for an MTS Modifier.13 order.15 with Order D at 10.11. Proposed Rule 7.31–E(i)(3)(A) is based To reflect these changes, the second Proposed Rule 7.31–E(i)(3)(D) would on NYSE American Rule 7.31E(i)(3)(A) sentence of Rule 7.31–E(i)(3)(C) would provide that an order with an MTS without any differences. provide that when a buy (sell) order Modifier that is designated IOC and Proposed Rule 7.31–E(i)(3)(B) would with an MTS Modifier that is designated cannot be immediately satisfied would provide that an order to buy (sell) with Day is ranked in the NYSE Arca Book, be cancelled in its entirety. This an MTS Modifier would trade with sell it would not be eligible to trade: proposed rule text is based on the last sentence of Rule 7.31–E(b)(2)(A), with (buy) orders in the NYSE Arca Book that (i) At a price equal to or above (below) non-substantive differences to specify in the aggregate meet such order’s MTS. any sell (buy) orders that are displayed that this functionality would be This proposed rule text is based on the and that have a working price equal to applicable to any orders designated IOC third sentence of Rule 7.31–E(b)(2)(A) or below (above) the working price of that have an MTS Modifier, i.e., Limit and the second sentence of Rule 7.31– such order with an MTS Modifier, or E(d)(3)(D) with non-substantive IOC Orders and MPL–IOC Orders. (ii) at a price above (below) any sell Proposed Rule 7.31–E(i)(3)(D) is based differences to use common terminology (buy) orders that are not displayed and on NYSE American Rule 7.31E(i)(3)(D) when applying this requirement to all of that have a working price below (above) without any differences. the order types eligible for an MTS the working price of such order with an Proposed Rule 7.31–E(i)(3)(E) would Modifier. MTS Modifier. provide that a resting order to buy (sell) Because Tracking Orders do not trade For example, with an MTS Modifier would trade with on arrival, this rule text would be • If the PBBO is 10.10 x 10.16, on the individual sell (buy) orders that each applicable only to MPL Orders and NYSE Arca Book there is a sell order meets the MTS.18 This proposed rule Limit IOC Orders with an MTS (‘‘Order A’’) ranked Priority 3—Non- text is based on the fourth sentence of Modifier. Proposed Rule 7.31–E(i)(3)(B) Display Orders for 50 shares at 10.12 Rule 7.31–E(d)(3)(D) with a non- is based on NYSE American Rule and a sell order (‘‘Order B’’) ranked substantive difference to use the same 7.31E(i)(3)(B)(i) without any differences. Priority 2—Display Orders for 25 shares terminology as proposed Rule 7.31– Proposed Rule 7.31–E(i)(3)(C) would at 10.11, and the Exchange receives a E(i)(3)(B) because a resting order with provide that an order with an MTS buy MPL Order (‘‘Order C’’) with an an MTS Modifier only trades if contra- Modifier that is designated Day and MTS Modifier for 100 shares with a side individual orders each meets such cannot be satisfied on arrival would not 10.16 limit, because the MTS cannot be order’s MTS. The Exchange proposes trade and would be ranked in the NYSE met, Order C will not trade and will be non-substantive differences to use Arca Book. This proposed rule text is ranked in the NYSE Arca Book at the common terminology when applying based on the third sentence of Rule midpoint of 10.13. At this point, the this requirement to all of the order types 7.31–E(d)(3)(D) with non-substantive Exchange would have a non-displayed eligible for an MTS Modifier. Proposed differences to reference orders buy order crossing both non-displayed Rule 7.31–E(i)(3)(E) is based on NYSE designated Day, i.e., MPL Orders and and displayed sell orders on the NYSE American Rule 7.31E(i)(3)(E) without MPL–ALO Orders. The first sentence of Arca Book. If the Exchange then any differences. Rule 7.31–E(i)(3)(C) is based on NYSE receives a non-displayed sell order Proposed Rules 7.31–E(i)(3)(E)(i)–(ii) American Rule 7.31E(i)(3)(C) without (‘‘Order D’’) for 100 shares at 10.11, would set forth additional requirements any differences. even though Order D would be for how a resting order with an MTS Modifier would trade. Proposed Rule The Exchange further proposes to marketable against Order C, it would not trade because a trade at 10.13 would be 7.31–E(i)(3)(E)(i) would provide that if describe new functionality relating to an Aggressing Order to sell (buy) does when an order with an MTS Modifier above the price of resting sell orders.16 Order D would be added to the NYSE not meet the MTS of the resting order that is designated Day would not be to buy (sell) with an MTS Modifier, that eligible to trade. In short, if a later- Arca Book at 10.11. • Aggressing Order would not trade with arriving contra-side order can meet the If next, the Exchange receives a buy and may trade through such order with MTS of a resting order with an MTS order (‘‘Order E’’) to buy 25 shares at an MTS Modifier. This proposed rule Modifier, the two orders would trade 10.11, it would trade with Order B. As text is based on the fifth sentence of unless the execution would be discussed above, this execution would current Rule 7.31–E(d)(3)(D) and the inconsistent with either intra-market trigger the Exchange to evaluate whether second sentence of current Rule 7.31– price priority or would result in a non- Order C becomes marketable against E(d)(4)(C) with non-substantive 17 displayed order trading ahead of a same- contra-side orders. In this scenario, differences to use common terminology side, same-priced displayed order.14 because Order B has now executed, when applying this requirement to all of Therefore, as proposed, the Exchange Order C is no longer restricted from the order types eligible for an MTS would not permit an order with an MTS trading at 10.11. Because Order C’s Modifier. Proposed Rule 7.31– Modifier that crosses other displayed or restriction has been lifted and Order D E(i)(3)(E)(i) is based on NYSE American non-displayed orders on the NYSE Arca does not have a working price change, Rule 7.31E(i)(3)(E)(i) with a non- Book to trade at prices that are worse Order C would become an Aggressing substantive difference to use the term than the price of such contra-side ‘‘Aggressing Order.’’ orders. As further proposed, the 15 At this time, the only resting orders with an Proposed Rule 7.31–E(i)(3)(E)(ii) Exchange would not permit a resting MTS on the Exchange subject to this requirement would provide that if a resting non- would be MPL Orders. In such case, a contra-side order with an MTS Modifier to trade at order that is displayed and between the PBBO displayed sell (buy) order did not meet would be an odd-lot sized order; a round-lot sized the MTS of a same-priced resting order 13 Nasdaq also requires that its Minimum displayed order would be reflected in the PBBO. Quantity Order also have a size of at least a round 16 Pursuant to Rule 7.31–E(d)(3)(C), an Aggressing 18 A resting order with an MTS Modifier that lot. See Nasdaq Rule 4703(e). Order will trade with a resting MPL Order at the becomes an Aggressing Order would trade 14 Rule 7.36–E(c) provides that the Exchange midpoint of the PBBO. consistent with proposed Rule 7.31–E(i)(3)(E) and ranks all non-marketable orders on the NYSE Arca 17 See discussion infra regarding the second therefore would trade with individual orders that Book according to price—time priority. sentence to proposed Rule 7.36–E(a)(5). each meet the MTS.

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to buy (sell) with an MTS Modifier, a equitable principles of trade, to foster The Exchange believes that the subsequently arriving sell (buy) order cooperation and coordination with proposed amendment to describe the that meets the MTS would trade ahead persons engaged in facilitating existing MTS Modifier in proposed Rule of such resting non-displayed sell (buy) transactions in securities, to remove 7.31–E(i)(3) would remove impediments order at that price. This proposed rule impediments to, and perfect the to, and perfect the mechanism of, a free text is based in part on the second mechanism of, a free and open market and open market and a national market sentence of Rule 7.31–E(d)(4)(C) with and a national market system and, in system and, in general, protect investors non-substantive differences to use general, to protect investors and the and the public interest because it would common terminology when applying public interest. promote transparency in Exchange rules this requirement to all of the order types The Exchange believes that the because MTS Modifiers for different eligible for an MTS Modifier. This proposed definition of ‘‘Aggressing order types operate in the same manner. proposed rule text is also based in part Order’’ in Rule 7.36–E would remove The Exchange believes that by on NYSE American Rule impediments to, and perfect the consolidating such references in a single 7.31E(i)(3)(E)(ii). mechanism of, a free and open market location in Rule 7.31–E, the rule will be However, the Exchange proposes a and a national market system and, in easier for members, the Commission, difference from current text and the general, protect investors and the public and the public to navigate. NYSE American Rule to add that the interest because it would provide for a Finally, the Exchange believes that subsequently arriving order could trade definition in Exchange rules that the proposal regarding when a resting ahead of a resting non-displayed order describes orders that are or become order with an MTS Modifier would be at that price, e.g., at the internal locking marketable. The Exchange believes that eligible to trade would remove price. This proposed behavior is the proposed definition would promote impediments to, and perfect the consistent with the proposed transparency in Exchange rules by mechanism of, a free and open market amendment to MPL–ALO Orders, providing detail regarding and a national market system and, in described above in proposed Rule 7.31– circumstances when a resting order may general, protect investors and the public E(d)(3)(E)(ii). In addition, as discussed become marketable, and thus would be interest, because the proposed rule above, pursuant to proposed Rule 7.31– an Aggressing Order. The Exchange change would ensure that there would E(i)(3)(C)(i), if an order with an MTS further believes that use of such not be an execution of a resting order Modifier is locked by a displayed order, definition would promote clarity in with an MTS Modifier that either would the resting order with an MTS Modifier Exchange rules, particularly in the be inconsistent with intra-market price would not be eligible to trade at that context of the amendments to MPL priority or would result in a non- price. In such case, the subsequently Orders and orders with an MTS displayed order trading ahead of a same- arriving order would not trade with the Modifier. side, same-priced displayed order. This order with an MTS Modifier. The Exchange believes that the proposed rule change would therefore Proposed Rule 7.31–E(i)(3)(F) would proposed amendments to Rule 7.31– promote just and equitable principles of provide that a resting order with an E(d)(3)(C) and (E) to use the term trade by ensuring that displayed interest MTS Modifier would be cancelled if it ‘‘Aggressing Order’’ and to describe the does not get traded through by a non- is traded in part or reduced in size and prices at which an Aggressing MPL displayed order. the remaining quantity is less than such Order would trade would remove order’s MTS. This proposed rule text is B. Self-Regulatory Organization’s impediments to, and perfect the based on the last sentence of Rule 7.31– Statement on Burden on Competition mechanism of, a free and open market E(d)(3)(D) and the last sentence of Rule and a national market system and, in The Exchange does not believe that 7.31–E(d)(4)(C) with non-substantive general, protect investors and the public the proposed rule change will impose differences to use common terminology interest because it would promote any burden on competition that is not when applying this requirement to all of clarity and transparency in Exchange necessary or appropriate in furtherance the order types eligible for an MTS rules regarding the behavior of of the purposes of the Act. The Modifier. Proposed Rule 7.31–E(i)(3)(F) marketable MPL and MPL–ALO Orders. Exchange believes that the proposed is based on NYSE American Rule In particular, the rule would provide rule change is not designed to address 7.31E(i)(3)(F) without any differences Because of the technology changes greater specificity regarding how a any competitive issues, but rather to add associated with these proposed rule resting MPL Order that becomes an further clarity to Exchange rules by change, the Exchange will announce the Aggressing Order would trade. defining the term ‘‘Aggressing Order,’’ implementation date of this proposed The Exchange believes that the using that term in connection with MPL rule change by Trader Update. The proposed amendments to Rule 7.31– Orders, and consolidating references to Exchange anticipates that the E(d)(3)(E) regarding when a resting MTS Modifiers in a single location in implementation date will be in the first MPL–ALO Order that locks contra-side, Exchange rules. In addition, the rule is quarter of 2018. same-priced orders would be eligible to designed to ensure that resting orders trade would remove impediments to, with trading restrictions, such as MPL– 2. Statutory Basis and perfect the mechanism of, a free and ALO Orders and resting orders with an The proposed rule change is open market and a national market MTS Modifier, would not trade through consistent with Section 6(b) of the system and, in general, protect investors displayed orders or violate intra-market Securities Exchange Act of 1934 (the and the public interest because it would price priority. 19 describe circumstances when a ‘‘Act’’), in general, and furthers the C. Self-Regulatory Organization’s 20 subsequently arriving order could trade objectives of Section 6(b)(5), in Statement on Comments on the with the MPL–ALO Order. The particular, because it is designed to Proposed Rule Change Received From proposed rule change would protect prevent fraudulent and manipulative Members, Participants, or Others acts and practices, to promote just and displayed orders by not allowing a subsequently arriving order to trade No written comments were solicited 19 15 U.S.C. 78f(b). ahead of a same-priced, same-side or received with respect to the proposed 20 15 U.S.C. 78f(b)(5). displayed order. rule change.

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III. Date of Effectiveness of the All submissions should refer to File STATUS: This meeting will be closed to Proposed Rule Change and Timing for Number SR–NYSEArca–2018–01. This the public. Commission Action file number should be included on the MATTERS TO BE CONSIDERED: Because the proposed rule change subject line if email is used. To help the Commissioners, Counsel to the does not: (i) Significantly affect the Commission process and review your Commissioners, the Secretary to the protection of investors or the public comments more efficiently, please use Commission, and recording secretaries interest; (ii) impose any significant only one method. The Commission will will attend the closed meeting. Certain burden on competition; and (iii) become post all comments on the Commission’s staff members who have an interest in operative prior to 30 days from the date internet website (http://www.sec.gov/ the matters also may be present. on which it was filed, or such shorter rules/sro.shtml). Copies of the The General Counsel of the time as the Commission may designate, submission, all subsequent Commission, or his designee, has the proposed rule change has become amendments, all written statements certified that, in his opinion, one or effective pursuant to Section 19(b)(3)(A) with respect to the proposed rule more of the exemptions set forth in 5 of the Act 21 and Rule 19b–4(f)(6) change that are filed with the U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) thereunder.22 Commission, and all written and (10) and 17 CFR 200.402(a)(3), At any time within 60 days of the communications relating to the (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and filing of the proposed rule change, the proposed rule change between the (a)(10), permit consideration of the Commission summarily may Commission and any person, other than scheduled matters at the closed meeting. temporarily suspend such rule change if those that may be withheld from the Commissioner Piwowar, as duty it appears to the Commission that such public in accordance with the officer, voted to consider the items action is necessary or appropriate in the provisions of 5 U.S.C. 552, will be listed for the closed meeting in closed public interest, for the protection of available for website viewing and session. investors, or otherwise in furtherance of printing in the Commission’s Public The subject matters of the closed the purposes of the Act. If the Reference Room, 100 F Street NE, meeting will be: Washington, DC 20549 on official Commission takes such action, the Settlement of injunctive actions; Commission shall institute proceedings business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the Institution and settlement of to determine whether the proposed rule administrative proceedings; and change should be approved or filing also will be available for Other matters relating to enforcement disapproved. inspection and copying at the principal office of the Exchange. All comments proceedings. IV. Solicitation of Comments received will be posted without change. At times, changes in Commission Interested persons are invited to Persons submitting comments are priorities require alterations in the submit written data, views, and cautioned that we do not redact or edit scheduling of meeting items. arguments concerning the foregoing, personal identifying information from CONTACT PERSON FOR MORE INFORMATION: including whether the proposed rule comment submissions. You should For further information and to ascertain change is consistent with the Act. submit only information that you wish what, if any, matters have been added, Comments may be submitted by any of to make available publicly. All deleted or postponed; please contact the following methods: submissions should refer to File Brent J. Fields from the Office of the Number SR–NYSEArca–2018–01 and Electronic Comments Secretary at (202) 551–5400. should be submitted on or before Dated: January 17, 2018. • Use the Commission’s internet February 12, 2018. comment form (http://www.sec.gov/ Brent J. Fields, For the Commission, by the Division of rules/sro.shtml); or Secretary. • Trading and Markets, pursuant to delegated Send an email to rule-comments@ authority.23 [FR Doc. 2018–01164 Filed 1–18–18; 4:15 pm] sec.gov. Please include File Number SR– Eduardo A. Aleman, BILLING CODE 8011–01–P NYSEArca–2018–01 on the subject line. Assistant Secretary. Paper Comments [FR Doc. 2018–00975 Filed 1–19–18; 8:45 am] SECURITIES AND EXCHANGE • Send paper comments in triplicate BILLING CODE 8011–01–P COMMISSION to Secretary, Securities and Exchange Commission, 100 F Street NE, [Release No. 34–82503; File Nos. SR– Washington, DC 20549–1090. SECURITIES AND EXCHANGE COMMISSION BatsBYX–2017–11; SR–BatsBZX–2017–38; SR–BatsEDGA–2017–13; SR–BatsEDGX– 21 15 U.S.C. 78s(b)(3)(A). Sunshine Act Meetings 2017–22; SR–BOX–2017–16; SR–BX–2017– 22 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 023; SR–C2–2017–017; SR–CBOE–2017– 4(f)(6)(iii) requires a self-regulatory organization to 040; SR–CHX–2017–08; SR–FINRA–2017– give the Commission written notice of its intent to TIME AND DATE: 2:00 p.m. on Wednesday, January 24, 2018. 011; SR–GEMX–2017–17; SR–IEX–2017–16; file the proposed rule change, along with a brief SR–ISE–2017–45; SR–MIAX–2017–18; SR– description and the text of the proposed rule PLACE: Closed Commission Hearing change, at least five business days prior to the date MRX–2017–04; SR–NASDAQ–2017–046; of filing of the proposed rule change, or such Room 10800. SR–NYSE–2017–22; SR–NYSEArca–2017– shorter time as designated by the Commission. The 52; SR–NYSEMKT–2017–26; SR–PEARL– Exchange has satisfied this requirement. 23 17 CFR 200.30–3(a)(12). 2017–20; SR–PHLX–2017–37]

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Self-Regulatory Organizations; Bats BYX’’) (n/k/a Cboe BYX Exchange, Rule Changes’’).20 The Original BYX Exchange, Inc. (n/k/a Cboe BYX Inc.),11 Bats BZX Exchange, Inc. (‘‘Bats Proposed Rule Changes were Exchange, Inc.), Bats BZX Exchange, BZX’’) (n/k/a Cboe BZX Exchange, immediately effective upon filing with Inc. (n/k/a Cboe BZX Exchange, Inc.), Inc.),12 Bats EDGA Exchange, Inc. (‘‘Bats the Commission pursuant to Section Bats EDGA Exchange, Inc. (n/k/a Cboe EDGA’’) (n/k/a Cboe EDGA Exchange, 19(b)(3)(A) of the Act.21 The proposed EDGA Exchange, Inc.), Bats EDGX Inc.),13 Bats EDGX Exchange, Inc. (‘‘Bats rule changes submitted by MIAX and Exchange, Inc. (n/k/a Cboe EDGX EDGX’’) (n/k/a Cboe EDGX Exchange, PEARL were published for comment in Exchange, Inc.), BOX Options Inc.),14 BOX Options Exchange LLC the Federal Register on May 19, 2017.22 Exchange LLC, C2 Options Exchange, (‘‘BOX’’), C2 Options Exchange, The proposed rule changes submitted by Incorporated (n/k/a Cboe C2 Options Incorporated (‘‘C2’’) (n/k/a Cboe C2 BX, CHX, IEX, Nasdaq, NYSE, NYSE Exchange, Inc.), Chicago Board Options Exchange, Inc.),15 Chicago Arca and NYSE MKT were published Options Exchange, Incorporated (n/k/a Board Options Exchange, Incorporated for comment in the Federal Register on Cboe Exchange, Inc.), Chicago Stock (‘‘CBOE’’) (n/k/a Cboe Exchange, Inc.),16 May 22, 2017.23 The proposed rule Exchange, Inc., Financial Industry Chicago Stock Exchange, Inc. (‘‘CHX’’), change submitted by FINRA was Regulatory Authority, Inc., Investors’ Financial Industry Regulatory published for comment in the Federal Exchange LLC, Miami International Authority, Inc. (‘‘FINRA’’), Investors Register on May 23, 2017.24 The Securities Exchange, LLC, MIAX Exchange LLC (‘‘IEX’’), Nasdaq ISE, LLC proposed rule changes submitted by PEARL, LLC, Nasdaq BX, Inc., Nasdaq (‘‘ISE’’), Miami International Securities BOX, GEMX, ISE, MRX and Phlx were GEMX, LLC, Nasdaq ISE, LLC, Nasdaq Exchange, LLC (‘‘MIAX’’), MIAX published for comment in the Federal MRX, LLC, Nasdaq PHLX LLC, The PEARL, LLC (‘‘PEARL’’), Nasdaq BX, Register on May 24, 2017.25 The Nasdaq Stock Market LLC, New York Inc. (‘‘BX’’), Nasdaq GEMX, LLC proposed rule changes submitted by C2, Stock Exchange LLC, NYSE Arca, Inc. (‘‘GEMX’’), Nasdaq MRX, LLC (‘‘MRX’’), CBOE and Bats EDGA were published and NYSE MKT LLC (n/k/a NYSE Nasdaq PHLX LLC (‘‘Phlx’’), The for comment in the Federal Register on American LLC); Notice of Withdrawal Nasdaq Stock Market LLC (‘‘Nasdaq’’), June 1, 2017.26 The proposed rule of Proposed Rule Changes, as New York Stock Exchange LLC change submitted by Bats BYX was Modified by Amendments, To Establish (‘‘NYSE’’), NYSE Arca, Inc. (‘‘NYSE published for comment in the Federal Fees for Industry Members To Fund Arca’’) and NYSE MKT LLC (‘‘NYSE the Consolidated Audit Trail 17 MKT’’) (n/k/a NYSE American LLC) 20 See infra notes 22–28. The National Market January 16, 2018. (collectively, the ‘‘Participants’’) filed System Plan Governing the Consolidated Audit 1 2 with the Securities and Exchange Trail (‘‘CAT NMS Plan’’) was published for On May 1, 2017, May 2, 2017, May comment in the Federal Register on May 17, 2016, 3, 2017,3 May 8, 2017,4 May 9, 2017,5 Commission (the ‘‘Commission’’), pursuant to Section 19(b)(1) of the and approved by the Commission, as modified, on May 10, 2017,6 May 12, 2017,7 May 15, November 15, 2016. See Securities Exchange Act 8 9 Securities Exchange Act of 1934 Release Nos. 77724 (April 27, 2016), 81 FR 30614 2017, May 16, 2017, and May 23, 18 19 2017,10 Bats BYX Exchange, Inc. (‘‘Bats (‘‘Act’’) and Rule 19b–4 thereunder, (May 17, 2016); 79318 (November 15, 2016), 81 FR proposed rule changes to adopt fees to 84696 (November 23, 2016). be charged to Industry Members to fund 21 15 U.S.C. 78s(b)(3)(A). A proposed rule change 1 Miami International Securities Exchange, LLC may take effect upon filing with the Commission if and MIAX PEARL LLC filed their proposed rule the Consolidated Audit Trail it is designated by the exchange as ‘‘establishing or changes on May 1, 2017. (collectively the ‘‘Original Proposed changing a due, fee, or other charge imposed by the 2 The Nasdaq Stock Market LLC and Nasdaq BX, self-regulatory organization on any person, whether Inc. filed their proposed rule changes on May 2, or not the person is a member of the self-regulatory Inc. originally filed its proposed rule change on 2017. organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii). May 5, 2017 under File No. SR–BatsEDGX–2017– 3 Chicago Stock Exchange, Inc. filed its proposed 22 20, and subsequently withdrew that filing on May See Securities Exchange Act Release Nos. rule change on May 3, 2017. 80675 (May 15, 2017), 82 FR 23100 (May 19, 2017) 4 10, 2017 and filed a proposed rule change on May Financial Industry Regulatory Authority, Inc. 23, 2017. (SR–MIAX–2017–18); and 80676 (May 15, 2017), 82 filed its proposed rule change on May 8, 2017. FR 23083 (May 19, 2017) (SR–PEARL–2017–20). 11 See Securities Exchange Act Release No. 81952 5 Investors Exchange LLC originally filed its 23 (October 26, 2017), 82 FR 50725 (November 1, See Securities Exchange Act Release Nos. proposed rule change on May 3, 2017 under File 2017). The name change was not yet effective when 80697 (May 16, 2017), 82 FR 23398 (May 22, 2017) No. SR–IEX–2017–13, and subsequently withdrew Bats BYX filed SR–BatsBYX–2017–11. (SR–BX–2017–023); 80691 (May 16, 2017), 82 FR that filing and filed a proposed rule change on May 23344 (May 22, 2017) (SR–CHX–2017–08); 80692 12 See Securities Exchange Act Release No. 81962 9, 2017. (May 16, 2017), 82 FR 23325 (May 22, 2017) (SR– (October 26, 2017), 82 FR 50711 (November 1, 6 The New York Stock Exchange LLC, NYSE Arca, IEX–2017–16); 80696 (May 16, 2017), 82 FR 23439 2017). The name change was not yet effective when Inc. and NYSE MKT LLC filed their proposed rule (May 22, 2017) (SR–NASDAQ–2017–046); 80693 Bats BZX filed SR–BatsBZX–2017–38. changes on May 10, 2017. (May 16, 2017), 82 FR 23363 (May 22, 2017) (SR– 13 See Securities Exchange Act Release No. 81957 7 Nasdaq GEMX LLC, Nasdaq ISE, LLC, Nasdaq NYSE–2017–22); 80698 (May 16, 2017), 82 FR (October 26, 2017), 82 FR 50716 (November 1, MRX, LLC and Nasdaq PHLX LLC originally filed 23457 (May 22, 2017) (SR–NYSEArca–2017–52); their proposed rule changes on May 3, 2017 under 2017). The name change was not yet effective when and 80694 (May 16, 2017), 82 FR 23416 (May 22, File Nos. SR–GEMX–2017–11, SR–ISE–2017–40, Bats EDGA filed SR–BatsEDGA–2017–13. 2017) (SR–NYSEMKT–2017–26). 14 SR–MRX–2017–03, and SR–PHLX–2017–35, and See Securities Exchange Act Release No. 81963 24 See Securities Exchange Act Release No. 80710 subsequently withdrew those filings and filed (October 26, 2017), 82 FR 50697 (November 1, (May 17, 2017), 82 FR 23639 (May 23, 2017) (SR– proposed rule changes on May 12, 2017. 2017). The name change was not yet effective when FINRA–2017–011). Bats EDGX filed SR–BatsEDGX–2017–22. 8 BOX Options Exchange LLC originally filed its 25 See Securities Exchange Act Release Nos. 15 proposed rule change on May 11, 2017 under File See Securities Exchange Act Release No. 81979 80721 (May 18, 2017), 82 FR 23864 (May 24, 2017) No. SR–BOX–2017–15, and subsequently withdrew (October 30, 2017), 82 FR 51317 (November 3, (SR–BOX–2017–16); 80713 (May 18, 2017), 82 FR that filing and filed a proposed rule change on May 2017). The name change was not yet effective when 23956 (May 24, 2017) (SR–GEMX–2017–17); 80715 15, 2017. C2 filed SR–C2–2017–017. (May 18, 2017), 82 FR 23895 (May 24, 2017) (SR– 9 Bats BYX Exchange, Inc., C2 Options Exchange, 16 See Securities Exchange Act Release No. 81981 ISE–2017–45); 80726 (May 18, 2017), 82 FR 23915 Incorporated and Chicago Board Options Exchange, (October 30, 2017), 82 FR 51309 (November 3, (May 24, 2017) (SR–MRX–2017–04); and 80725 Incorporated filed their proposed rule changes on 2017). The name change was not yet effective when (May 18, 2017), 82 FR 23935 (May 24, 2017) (SR– May 16, 2017. Bats EDGA Exchange, Inc. originally CBOE filed SR–CBOE–2017–040. PHLX–2017–37). filed its proposed rule change on May 5, 2017 under 17 See Securities Exchange Act Release No. 80283 26 See Securities Exchange Act Release Nos. File No. SR–BatsEDGA–2017–11, and subsequently (March 21, 2017), 82 FR 15244 (March 27, 2017). 80786 (May 26, 2017), 82 FR 25474 (June 1, 2017) withdrew that filing on May 11, 2017 and filed a The name change was not yet effective when NYSE (SR–C2–2017–017); 80785 (May 26, 2017), 82 FR proposed rule change on May 16, 2017. MKT filed SR–NYSEMKT–2017–26. 25404 (June 1, 2017) (SR–CBOE–2017–040); and 10 Bats BZX Exchange, Inc. filed its proposed rule 18 15 U.S.C. 78s(b)(1). 80784 (May 26, 2017), 82 FR 25448 (June 1, 2017) changes on May 23, 2017. Bats EDGX Exchange, 19 17 CFR 240.19b–4. (SR–BatsEDGA–2017–13).

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Register on June 5, 2017.27 The to comments from the Participants.33 On 1, 2017,44 December 4, 2017,45 proposed rule changes submitted by October 25, 2017,34 October 31, 2017,35 December 5, 2017,46 December 6, Bats BZX and Bats EDGX were November 3, 2017,36 November 6, 2017 47 and December 7, 2017,48 the published for comment in the Federal 2017,37 November 7, 2017,38 November Participants, except FINRA, each filed Register on June 6, 2017.28 The 9, 2017 39 and December 1, 2017,40 the Amendment No. 2 to their proposed Commission received seven comment Participants each filed an Amendment rule changes.49 The amended proposed letters on the Original Proposed Rule No. 1 to their Original Proposed Rule rule changes submitted by CHX and Changes,29 and a response to comments Changes that replaced and superseded FINRA were published for comment in from the Participants.30 On June 30, the Original Proposed Rule Changes that the Federal Register on December 14, 2017, the Commission temporarily had been temporarily suspended by the 2017.50 The amended proposed rule suspended and initiated proceedings to Commission. On November 9, 2017, the changes submitted by PEARL, MIAX, determine whether to approve or Commission extended the time period IEX, NYSE, NYSE MKT, NYSE Arca, disapprove the proposed rule changes.31 for Commission action on the BOX, Bats EDGA, C2, CBOE, Bats BYX, The Commission thereafter received proceedings to determine whether to Bats EDGX, Bats BZX, ISE, BX, Nasdaq, seven comment letters,32 and a response approve or disapprove the proposed GEMX, MRX, and Phlx were published rule changes.41 On November 29, for comment in the Federal Register on 27 See Securities Exchange Act Release No. 80809 2017,42 November 30, 2017,43 December December 14, 2017 51 and December 15, (May 30, 2017), 82 FR 25837 (June 5, 2017) (SR– 2017.52 The Commission received two BatsBYX–2017–11). Compliance Officer, Belvedere Trading LLC, to 28 See Securities Exchange Act Release Nos. Brent J. Fields, Secretary, Commission (dated July 44 80822 (May 31, 2017), 82 FR 26148 (June 6, 2017) MIAX and PEARL filed Amendment No. 2 to 28, 2017), available at: https://www.sec.gov/ their proposed rule changes on December 1, 2017. (SR–BatsBZX–2017–38); and 80821 (May 31, 2017), comments/sr-batsbyx-2017-11/batsbyx201711- 45 NASDAQ, Phlx and IEX filed Amendment No. 82 FR 26177 (June 6, 2017) (SR–BatsEDGX–2017– 2148360-157740.pdf; Letter from Joanna Mallers, 2 to their proposed rule changes on December 4, 22). Secretary, FIA Principal Traders Group, to Brent J. 2017. 29 Since the Participants’ proposed rule changes Fields, Secretary, Commission (dated July 28, 2017), 46 to adopt fees to be charged to Industry Members to available at: https://www.sec.gov/comments/sr- ISE filed Amendment No. 2 to its proposed rule fund the Consolidated Audit Trail are substantively batsbyx-2017-11/batsbyx201711-2151228- change on December 5, 2017. identical, the Commission considered all comments 157745.pdf; Letter from Theodore R. Lazo, 47 GEMX and MRX filed Amendment No. 2 to received on the proposed rule changes regardless of Managing Director and Associate General Counsel, their proposed rule changes on December 6, 2017. the comment file to which they were submitted. See SIFMA, to Brent J. Fields, Secretary, Commission 48 BX, BOX, Bats EDGA, C2, CBOE, Bats BYX, Letter from Theodore R. Lazo, Managing Director (dated July 28, 2017), available at: https:// Bats EDGX, and Bats BZX filed Amendment No. 2 and Associate General Counsel, Securities Industry www.sec.gov/comments/sr-batsbyx-2017-11/ to their proposed rule changes on December 7, and Financial Markets Association, to Brent J. batsbyx201711-2150977-157744.pdf; Letter from 2017. Fields, Secretary, Commission (dated June 6, 2017), Stuart J. Kaswell, Executive Vice President and 49 Amendment No. 2 to the proposed rule changes available at: https://www.sec.gov/comments/sr- Managing Director, General Counsel, Managed proposed to make a correction to the Amendment batsbzx-2017-38/batsbzx201738-1788188- Funds Association, to Brent J. Fields, Secretary, No. 1 fee schedule to change a parenthetical 153228.pdf; Letter from Patricia L. Cerny and Commission (dated July 28, 2017), available at: regarding the OTC Equity Securities discount in Steven O’Malley, Compliance Consultants, to Brent https://www.sec.gov/comments/sr-batsbyx-2017-11/ paragraph (b)(2) of the proposed fee schedule from J. Fields, Secretary, Commission (dated June 12, batsbyx201711-2150818-157743.pdf; Letter from ‘‘with a discount for Equity ATSs exclusively 2017), available at: https://www.sec.gov/comments/ John Kinahan, Chief Executive Officer, Group One trading OTC Equity Securities based on the average sr-cboe-2017-040/cboe2017040-1799253- Trading, L.P., to Brent J. Fields, Secretary, shares per trade ratio between NMS Stocks and 153675.pdf; Letter from Daniel Zinn, General Commission (dated August 10, 2017), available at: OTC Equity Securities’’ to ‘‘with a discount for OTC Counsel, OTC Markets Group Inc., to Eduardo A. https://www.sec.gov/comments/sr-finra-2017-011/ Equity Securities market share of Equity ATSs Aleman, Assistant Secretary, Commission (dated finra2017011-2214568-160619.pdf; Letter from trading OTC Equity Securities based on the average June 13, 2017), available at: https://www.sec.gov/ Joseph Molluso, Executive Vice President and CFO, shares per trade ratio between NMS Stocks and comments/sr-finra-2017-011/finra2017011- Virtu Financial, to Brent J. Fields, Commission OTC Equity Securities.’’ NASDAQ, Phlx, ISE, 1801717-153703.pdf; Letter from Joanna Mallers, (dated August 18, 2017), available at: https:// GEMX, MRX and BX filed an Amendment No. 2 Secretary, FIA Principal Traders Group, to Brent J. www.sec.gov/comments/sr-finra-2017-011/ that replaced and superseded Amendment No. 1 to Fields, Secretary, Commission (dated June 22, finra2017011-2238648-160830.pdf . their proposed rule changes. FINRA did not file 2017), available at: https://www.sec.gov/comments/ 33 See Letter from Michael Simon, Chair, CAT Amendment No. 2 to its proposed rule change sr-cboe-2017-040/cboe2017040-1819670- NMS Plan Operating Committee, to Brent J. Fields, because its Amendment No. 1 did not need the 154195.pdf; Letter from Stuart J. Kaswell, Executive Commission, Secretary (dated November 2, 2017), correction made by the other Participants’ Vice President and Managing Director, General available at https://www.sec.gov/comments/sr- Amendment No. 2. Counsel, Managed Funds Association, to Brent J. batsbyx-2017-11/batsbyx201711-2674608- 50 See Securities Exchange Act Release Nos. Fields, Secretary, Commission (dated June 23, 161412.pdf. 82251 (December 8, 2017), 82 FR 59151 (December 34 2017), available at: https://www.sec.gov/comments/ NYSE, NYSE Arca and NYSE MKT filed 14, 2017); 82252 (December 8, 2017), 82 FR 59037 sr-finra-2017-011/finra2017011-1822454- Amendment No. 1 to their proposed rule changes (December 14, 2017); 82253 (December 8, 2017), 82 154283.pdf; and Letter from Suzanne H. Shatto, on October 25, 2017. FR 58827 (December 14, 2017). 35 Investor, to Commission (dated June 27, 2017), IEX filed Amendment No. 1 to its proposed rule 51 See Securities Exchange Act Release Nos. available at: https://www.sec.gov/comments/sr- change on October 31, 2017. 82254 (December 11, 2017), 82 FR 59094 (December batsedgx-2017-22/batsedgx201722-154443.pdf. The 36 Bats BYX, Bats BZX, Bats EDGA, Bats EDGX, 14, 2017); 82256 (December 11, 2017), 82 FR 59004 Commission also received a comment letter which CBOE and C2 filed Amendment No. 1 to their (December 14, 2017); 82258 (December 11, 2017), is not pertinent to these proposed rule changes. See proposed rule changes on November 3, 2017. 82 FR 58917 (December 14, 2017); 82262 (December Letter from Christina Crouch, Smart Ltd., to Brent 37 Nasdaq, BX, Phlx, ISE, MRX, and GEMX filed 11, 2017), 82 FR 59122 (December 14, 2017); 82264 J. Fields, Secretary, Commission (dated June 5, Amendment No. 1 to their proposed rule changes (December 11, 2017), 82 FR 58971 (December 14, 2017), available at: https://www.sec.gov/comments/ on November 6, 2017. 2017); 82268 (December 11, 2017), 82 FR 58854 sr-batsbzx-2017-38/batsbzx201738-1785545- 38 BOX, MIAX and PEARL filed Amendment No. (December 14, 2017); 82274 (December 11, 2017), 153152.htm. 1 to their proposed rule changes on November 7, 82 FR 59177 (December 14, 2017); 82284 (December 30 See Letter from CAT NMS Plan Participants to 2017. 11, 2017), 82 FR 58891 (December 14, 2017); 82285 Brent J. Fields, Secretary, Commission (dated June 39 CHX filed Amendment No. 1 to its proposed (December 11, 2017), 82 FR 59040 (December 14, 29, 2017), available at: https://www.sec.gov/ rule change on November 9, 2017. 2017); 82286 (December 11, 2017), 82 FR 59067 comments/sr-batsbyx-2017-11/batsbyx201711- 40 FINRA filed Amendment No. 1 to its proposed (December 14, 2017); and 82288 (December 11, 1832632-154584.pdf. rule change on December 1, 2017. 2017), 82 FR 58944 (December 14, 2017). 31 See Securities Exchange Act Release No. 81067 41 See Securities Exchange Act Release No. 82049 52 See Securities Exchange Act Release Nos. (June 30, 2017), 82 FR 31656 (July 7, 2017). (November 9, 2017), 82 FR 53549 (November 16, 82255 (December 11, 2017), 82 FR 59841 (December 32 See Letter from W. Hardy Callcott, Partner, 2017). 15, 2017); 82257 (December 11, 2017), 82 FR 59835 Sidley Austin LLP, to Brent J. Fields, Secretary, 42 NYSE, NYSE MKT and NYSE Arca filed (December 15, 2017); 82259 (December 11, 2017), Commission (dated July 27, 2017), available at: Amendment No. 2 to their proposed rule changes 82 FR 59933 (December 15, 2017); 82260 (December https://www.sec.gov/comments/sr-batsbyx-2017-11/ on November 29, 2017. 11, 2017), 82 FR 59907 (December 15, 2017); 82261 batsbyx201711-2148338-157737.pdf; Letter from 43 CHX filed Amendment No. 2 to its proposed (December 11, 2017), 82 FR 59897 (December 15, Kevin Coleman, General Counsel and Chief rule change on November 30, 2017. Continued

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comment letters on the amended SMALL BUSINESS ADMINISTRATION Percent proposed rule changes.53 [Disaster Declaration #15438 and #15439; Non-Profit Organizations With- On January 9, 2018, CHX, MIAX and California Disaster Number CA–00282] out Credit Available Else- PEARL withdrew their proposed rule where ...... 2.500 changes (SR–CHX–2017–08; SR–MIAX– Presidential Declaration of a Major For Economic Injury: 2017–18; SR–PEARL–2017–20). On Disaster for the State of California Businesses & Small Agricultural Cooperatives Without Credit January 10, 2018, Bats BYX, Bats BZX, AGENCY: U.S. Small Business Available Elsewhere ...... 3.385 Bats EDGA, Bats EDGX, BX, C2, CBOE, Administration. GEMX, IEX, ISE, MRX, Nasdaq and Phlx Non-Profit Organizations With- ACTION: Notice. out Credit Available Else- withdrew their proposed rule changes where ...... 2.500 (SR–BatsBYX–2017–11; SR–BatsBZX– SUMMARY: This is a notice of the 2017–38; SR–BatsEDGA–2017–13; SR– Presidential declaration of a major The number assigned to this disaster BatsEDGX–2017–22; SR–BX–2017–023; disaster for the state of California for physical damage is 154385 and for SR–C2–2017–017; SR–CBOE–2017–040; (FEMA–4353–DR), dated 01/15/2018. economic injury is 154390. SR–GEMX–2017–17; SR–IEX–2017–16; Incident: Wildfires, Flooding, Mudflows, and Debris Flows directly (Catalog of Federal Domestic Assistance SR–ISE–2017–45; SR–MRX–2017–04; Number 59008) SR–NASDAQ–2017–046; SR–PHLX– related to the Wildfires. Incident Period: 12/04/2017 and 2017–37). On January 11, 2018, BOX, James E. Rivera, continuing. FINRA, NYSE, NYSE Arca, and NYSE Associate Administrator for Disaster MKT withdrew their proposed rule DATES: Issued on 01/15/2018. Assistance. changes (SR–BOX–2017–16; SR– Physical Loan Application Deadline [FR Doc. 2018–01010 Filed 1–19–18; 8:45 am] FINRA–2017–011; SR–NYSE–2017–22; Date: 03/16/2018. BILLING CODE 8025–01–P SR–NYSEArca–2017–52; SR– Economic Injury (EIDL) Loan NYSEMKT–2017–26). Application Deadline Date: 10/15/2018. ADDRESSES: Submit completed loan SMALL BUSINESS ADMINISTRATION For the Commission, by the Division of applications to: U.S. Small Business [Disaster Declaration #15370; OREGON Trading and Markets, pursuant to delegated Administration, Processing and authority.54 Disaster Number OR–00088 Declaration of Disbursement Center, 14925 Kingsport Economic Injury] Eduardo A. Aleman, Road, Fort Worth, TX 76155. Assistant Secretary. FOR FURTHER INFORMATION CONTACT: A. Administrative Declaration [FR Doc. 2018–00974 Filed 1–19–18; 8:45 am] Escobar, Office of Disaster Assistance, Amendment of an Economic Injury BILLING CODE 8011–01–P U.S. Small Business Administration, Disaster for the State of Oregon 409 3rd Street SW, Suite 6050, AGENCY: U.S. Small Business Washington, DC 20416, (202) 205–6734. Administration. SUPPLEMENTARY INFORMATION: Notice is ACTION: Amendment 1. hereby given that as a result of the President’s major disaster declaration on SUMMARY: This is an amendment of an 2017); 82263 (December 11, 2017), 82 FR 59838 01/15/2018, applications for disaster (December 15, 2017); 82265 (December 11, 2017), Economic Injury Disaster Loan (EIDL) 82 FR 59723 (December 15, 2017); 82266 (December loans may be filed at the address listed declaration of a disaster for the State of 11, 2017), 82 FR 59779 (December 15, 2017); 82267 above or other locally announced Oregon dated 10/31/2017. (December 11, 2017), 82 FR 59680 (December 15, locations. Incident: Eagle Creek Fire. 2017); 82269 (December 11, 2017), 82 FR 59902 The following areas have been Incident Period: 09/02/2017 through (December 15, 2017); 82270 (December 11, 2017), determined to be adversely affected by 11/30/2017. 82 FR 59805 (December 15, 2017); 82271 (December the disaster: DATES: Issued on 01/11/2018. 11, 2017), 82 FR 59833 (December 15, 2017); 82272 Primary Counties (Physical Damage and (December 11, 2017), 82 FR 59871 (December 15, Economic Injury (EIDL) Loan 2017); 82273 (December 11, 2017), 82 FR 59683 Economic Injury Loans): Los Application Deadline Date: 07/31/2018. (December 15, 2017); 82275 (December 11, 2017), Angeles, San Diego, Santa Barbara, ADDRESSES: Submit completed loan 82 FR 59721 (December 15, 2017); 82276 (December Ventura applications to: U.S. Small Business 11, 2017), 82 FR 59753 (December 15, 2017); 82277 Contiguous Counties (Economic Injury Administration, Processing and (December 11, 2017), 82 FR 59905 (December 15, Loans Only): Disbursement Center, 14925 Kingsport 2017); 82278 (December 11, 2017), 82 FR 59726 California: Imperial, Kern, Orange, Road, Fort Worth, TX 76155. (December 15, 2017); 82279 (December 11, 2017), Riverside, San Bernardino, San Luis FOR FURTHER INFORMATION CONTACT: 82 FR 59900 (December 15, 2017); 82283 (December Obispo. 11, 2017), 82 FR 59694 (December 15, 2017); and A. Escobar, Office of Disaster 82287 (December 11, 2017), 82 FR 59844 (December The Interest Rates are: Assistance, U.S. Small Business 15, 2017). Administration, 409 3rd Street SW, 53 See Letter from Theodore R. Lazo, Managing Percent Suite 6050, Washington, DC 20416, Director and Associate General Counsel, Securities (202) 205–6734. Industry and Financial Markets Association, to For Physical Damage: Brent J. Fields, Secretary, Commission (dated Homeowners With Credit Avail- SUPPLEMENTARY INFORMATION: The notice December 22, 2017), available at https:// able Elsewhere ...... 3.500 of an Administrative declaration for the www.sec.gov/comments/sr-batsbyx-2017-11/ Homeowners Without Credit State of Oregon, dated 10/31/2017, is batsbyx201711-2838733-161715.pdf; Letter from Available Elsewhere ...... 1.750 hereby amended to establish the Joanna Mallers, Secretary, FIA Principal Traders Businesses With Credit Avail- incident closing date as 11/30/2017. Group, to Brent J. Fields, Secretary, Commission able Elsewhere ...... 6.770 All other information in the original (dated January 12, 2018), available at https:// Businesses Without Credit www.sec.gov/comments/sr-cboe-2017-040/ Available Elsewhere ...... 3.385 declaration remains unchanged. cboe2017040-2902365-161828.pdf. Non-Profit Organizations With (Catalog of Federal Domestic Assistance 54 17 CFR 200.30–3(a)(31). Credit Available Elsewhere ... 2.500 Number 59008)

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Dated: January 11, 2018. SUMMARY: This notice contains a Avenue SW, Washington, DC 20591, Linda E. McMahon, summary of a petition seeking relief email [email protected], Administrator. from specified requirements of Federal phone (202) 267–4713. [FR Doc. 2018–01044 Filed 1–19–18; 8:45 am] Aviation Regulations. The purpose of This notice is published pursuant to BILLING CODE 8025–01–P this notice is to improve the public’s 14 CFR 11.85. awareness of, and participation in, this Issued in Renton, Washington, on January aspect of the FAA’s regulatory activities. 16, 2018. DEPARTMENT OF STATE Neither publication of this notice nor Suzanne Masterson, the inclusion or omission of information Acting Manager, Transport Standards [Public Notice: 10280] in the summary is intended to affect the Branch. legal status of the petition or its final U.S. Department of State Cuba Internet disposition. Petition for Exemption Task Force; Notice of Open Meeting DATES: Comments on this petition must Docket No.: FAA–2017–0997. The U.S. Department of State will identify the petition docket number Petitioner: The Boeing Company. conduct a public meeting for the Cuba involved and must be received on or Section of 14 CFR Affected: internet Task Force, Wednesday, before February 12, 2018. § 25.1322(c)(2). Description of Relief Sought: The February 7, 2018, from 10:30 a.m. until ADDRESSES: Send comments identified 12:00 p.m. at the Harry S. Truman by docket number FAA–2017–0997 petitioner seeks a time-limited Building, 2201 C Street NW, Room using any of the following methods: exemption from the requirements of title 1406. • Federal eRulemaking Portal: Go to 14, Code of Federal Regulations In accordance with the National http://www.regulations.gov and follow 25.1322(c)(2) with respect to specific Security Presidential Memorandum of the online instructions for sending your military system-related flight deck June 16, 2017, on Strengthening the comments electronically. alerting messages on the Boeing Model Policy of the United States Toward Cuba • Mail: Send comments to Docket 767–2C airplanes. (NSPM–5), the Department of State Operations, M–30; U.S. Department of [FR Doc. 2018–00986 Filed 1–19–18; 8:45 am] created the Cuba internet Task Force Transportation (DOT), 1200 New Jersey BILLING CODE 4910–13–P and is announcing the date of its first Avenue SE, Room W12–140, West public meeting. The Cuba internet Task Building Ground Floor, Washington, DC Force is composed of U.S. Government 20590–0001. DEPARTMENT OF TRANSPORTATION and non-government representatives to • Hand Delivery or Courier: Take examine technological challenges and comments to Docket Operations in Federal Aviation Administration opportunities for expanding internet Room W12–140 of the West Building [Summary Notice No. PE–2018–03] access in Cuba. Ground Floor at 1200 New Jersey Those wishing to attend must RSVP Avenue SE, Washington, DC, between 9 Petition for Exemption; Summary of due to limited seating. Anyone wishing a.m. and 5 p.m., Monday through Petition Received to attend must contact the Department’s Friday, except Federal holidays. Office of the Coordinator for Cuban • Fax: Fax comments to Docket AGENCY: Federal Aviation Affairs, Gilberto Torres-Vela at 202– Operations at 202–493–2251. Administration (FAA), DOT. 647–7050 or email Privacy: In accordance with 5 U.S.C. ACTION: Notice of petition for exemption [email protected] and 553(c), DOT solicits comments from the received. provide your name, organization and public to better inform its rulemaking SUMMARY: email address no later than February 2, process. DOT posts these comments, This notice contains a 2018. Any request for reasonable without edit, including any personal summary of a petition seeking relief accommodation must be made prior to information the commenter provides, to from specified requirements of Federal February 2, 2018, to the same email http://www.regulations.gov, as Aviation Regulations. The purpose of address. Requests made after that date described in the system of records this notice is to improve the public’s will be considered, but might not be notice (DOT/ALL–14 FDMS), which can awareness of, and participation in, this possible to fulfill. be reviewed at http://www.dot.gov/ aspect of the FAA’s regulatory activities. privacy. Neither publication of this notice nor Gabriel Escobar, Docket: Background documents or the inclusion or omission of information Coordinator for Cuban Affairs, Department comments received may be read at in the summary is intended to affect the of State. http://www.regulations.gov at any time. legal status of the petition or its final [FR Doc. 2018–01038 Filed 1–19–18; 8:45 am] Follow the online instructions for disposition. BILLING CODE 4710–29–P accessing the docket or go to the Docket DATES: Comments on this petition must Operations in Room W12–140 of the identify the petition docket number West Building Ground Floor at 1200 involved and must be received on or DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE, Washington, before February 12, 2018. DC, between 9 a.m. and 5 p.m., Monday ADDRESSES: Federal Aviation Administration Send comments identified through Friday, except Federal holidays. by docket number FAA–2017–0269– [Summary Notice No. PE–2018–02] FOR FURTHER INFORMATION CONTACT: 0006 using any of the following Lynette Mitterer, AIR–673, Federal methods: Petition for Exemption; Summary of Aviation Administration, 1601 Lind • Federal eRulemaking Portal: Go to Petition Received Avenue SW, Renton, WA 98057–3356, http://www.regulations.gov and follow AGENCY: Federal Aviation email [email protected], phone the online instructions for sending your Administration (FAA), DOT. (425) 227–1047; or Alphonso comments electronically. Pendergrass, ARM–200, Office of • Mail: Send comments to Docket ACTION: Notice of petition for exemption Rulemaking, Federal Aviation Operations, M–30; U.S. Department of received. Administration, 800 Independence Transportation (DOT), 1200 New Jersey

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Avenue SE, Room W12–140, West DEPARTMENT OF TRANSPORTATION an opportunity for oral comment and a Building Ground Floor, Washington, DC public hearing, they should notify FRA, 20590–0001. Federal Railroad Administration in writing, before the end of the • Hand Delivery or Courier: Take [Docket Number FRA–2017–0129] comment period and specify the basis comments to Docket Operations in for their request. Room W12–140 of the West Building Notice of Application for Approval To All communications concerning these Ground Floor at 1200 New Jersey Discontinue or Modify a Railroad proceedings should identify the Avenue SE, Washington, DC, between 9 Signal System appropriate docket number and may be a.m. and 5 p.m., Monday through submitted by any of the following Friday, except Federal holidays. Under part 235 of Title 49 of the Code methods: • Fax: Fax comments to Docket of Federal Regulations (CFR) and 49 • Website: http:// Operations at 202–493–2251. U.S.C. 20502(a), this provides the public www.regulations.gov. Follow the online Privacy: In accordance with 5 U.S.C. notice that on December 19, 2017, instructions for submitting comments. 553(c), DOT solicits comments from the National Railroad Passenger Corporation • Fax: 202–493–2251. public to better inform its rulemaking (Amtrak) petitioned the Federal • Mail: Docket Operations Facility, process. DOT posts these comments, Railroad Administration (FRA) seeking U.S. Department of Transportation, 1200 without edit, including any personal approval to discontinue or modify a New Jersey Avenue SE, W12–140, information the commenter provides, to signal system. FRA assigned the petition Washington, DC 20590. http://www.regulations.gov, as Docket Number FRA–2017–0129. • Hand Delivery: 1200 New Jersey described in the system of records Applicant: National Railroad Avenue SE, Room W12–140, notice (DOT/ALL–14 FDMS), which can Passenger Corporation, Mr. Nicholas J. Washington, DC 20590, between 9 a.m. be reviewed at http://www.dot.gov/ Croce III, PE, Deputy Chief Engineer and 5 p.m., Monday through Friday, privacy. C&S, Acting, 2995 Market Street, except Federal Holidays. Docket: Background documents or Philadelphia, PA 19104. Communications received by March Amtrak is installing new clear block comments received may be read at 8, 2018 will be considered by FRA signals at Oak and Bush interlockings to http://www.regulations.gov at any time. before final action is taken. Comments establish NORAC Rule 562 territory, cab Follow the online instructions for received after that date will be signals without fixed automatic block accessing the docket or go to the Docket considered if practicable. signals. As a result, Amtrak seeks to Operations in Room W12–140 of the Anyone can search the electronic retire the fixed wayside signals numbers West Building Ground Floor at 1200 form of any written communications 651, 652, 672, 673, 695, and 696 on New Jersey Avenue SE, Washington, and comments received into any of our Tracks 2, 3, and 4 on Amtrak’s DC, between 9 a.m. and 5 p.m., Monday dockets by the name of the individual Northeast Corridor, Mid-Atlantic through Friday, except Federal holidays. submitting the comment (or signing the Division, Main Line, Philadelphia to FOR FURTHER INFORMATION CONTACT: document, if submitted on behalf of an Washington. Lynette Mitterer, AIR–673, Federal All NORAC Rules will remain in association, business, labor union, etc.). Aviation Administration, 1601 Lind effect. The existing advanced civil speed Under 5 U.S.C. 553(c), DOT solicits Avenue SW, Renton, WA 98057–3356, enforcement system (ACSES) will be comments from the public to better email [email protected], phone modified to enforce a positive stop at inform its processes. DOT posts these (425) 227–1047; or Alphonso Oak and Bush interlockings for a train comments, without edit, including any Pendergrass, ARM–200, Office of with failed cab signal equipment unless personal information the commenter Rulemaking, Federal Aviation the ‘‘C’’ signal is displayed allowing the provides, to www.regulations.gov, as Administration, 800 Independence failed train to enter the block. described in the system of records Avenue SW, Washington, DC 20591, The reason for removal of the signals notice (DOT/ALL–14 FDMS), which can email [email protected], is to eliminate maintenance and be reviewed at https:// phone (202) 267–4713. operation of unnecessary hardware no www.transportation.gov/privacy. See This notice is published pursuant to longer needed, and to reduce delays to also https://www.regulations.gov/ 14 CFR 11.85. trains caused by failures of the signals. privacyNotice for the privacy notice of Issued in Renton, Washington, on January The signals are not required in NORAC regulations.gov. 16, 2018. Rule 562 territory. Issued in Washington, DC. Suzanne Masterson, A copy of the petition, as well as any Robert C. Lauby, Acting Manager, Transport Standards written communications concerning the Associate Administrator for Railroad Safety, Branch. petition, is available for review online at Chief Safety Officer. Petition for Exemption www.regulations.gov and in person at [FR Doc. 2018–01057 Filed 1–19–18; 8:45 am] the U.S. Department of Transportation’s BILLING CODE 4910–06–P Docket No.: FAA–2017–0269–0006. (DOT) Docket Operations Facility, 1200 Petitioner: Gulfstream. New Jersey Avenue SE, W12–140, Section of 14 CFR Affected: Washington, DC 20590. The Docket DEPARTMENT OF TRANSPORTATION § 25.981(a)(3). Operations Facility is open from 9 a.m. Description of Relief Sought: The to 5 p.m., Monday through Friday, Federal Railroad Administration petitioner seeks an amendment to except Federal Holidays. Exemption 17636 to include relief from Interested parties are invited to [Docket Number FRA–2017–0132] the requirements of 14 CFR 25.981(a)(3) participate in these proceedings by Notice of Application for Approval To at Amendment 25–125, with respect to submitting written views, data, or fuel tank ignition prevention as it relates Discontinue or Modify a Railroad comments. FRA does not anticipate Signal System to lightning protection of systems for the scheduling a public hearing in Model GVII–G500 airplane. connection with these proceedings since In accordance with Part 235 of Title [FR Doc. 2018–00985 Filed 1–19–18; 8:45 am] the facts do not appear to warrant a 49 of the Code of Federal Regulations BILLING CODE 4910–13–P hearing. If any interested parties desire (CFR) and 49 U.S.C. 20502(a), this

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provides the public notice that on Anyone can search the electronic petition, is available for review online at December 11, 2017, the Union Pacific form of any written communications www.regulations.gov and in person at Railroad (UP) petitioned the Federal and comments received into any of our the U.S. Department of Transportation’s Railroad Administration (FRA) seeking dockets by the name of the individual Docket Operations Facility, 1200 New approval to discontinue or modify a submitting the comment (or signing the Jersey Avenue SE, W12–140, signal system. FRA assigned the petition document, if submitted on behalf of an Washington, DC 20590. The Docket Docket Number FRA–2017–0132. association, business, labor union, etc.). Operations Facility is open from 9 a.m. Applicant: Union Pacific Railroad, Under 5 U.S.C. 553(c), DOT solicits to 5 p.m., Monday through Friday, Mr. Kevin D. Hicks, AVP Engineering— comments from the public to better except Federal Holidays. Design, 1400 Douglas Street, MS 0910, inform its processes. DOT posts these Omaha, NE 68179. comments, without edit, including any Interested parties are invited to Union Pacific seeks to retire the personal information the commenter participate in these proceedings by control point (CP) NA Jct. (Nepesta) on provides, to www.regulations.gov, as submitting written views, data, or the Tennessee Pass Subdivision in the described in the system of records comments. FRA does not anticipate state of Colorado. The CP is no longer notice (DOT/ALL–14 FDMS), which can scheduling a public hearing in used. It will be replaced with an be reviewed at https:// connection with these proceedings since intermediate signal on the main track www.transportation.gov/privacy. See the facts do not appear to warrant a and a leaving signal in the siding. The also https://www.regulations.gov/ hearing. If any interested parties desire existing #20 power-operated switch will privacyNotice for the privacy notice of an opportunity for oral comment, they be replaced with a #11 hand-operated regulations.gov. should notify FRA, in writing, before switch. The purpose of this replacement Robert C. Lauby, the end of the comment period and is to remove unused equipment and to Associate Administrator for Safety, Chief specify the basis for their request. expedite train movements in the area. Safety Officer. A copy of the petition, as well as any All communications concerning these written communications concerning the [FR Doc. 2018–01055 Filed 1–19–18; 8:45 am] proceedings should identify the petition, is available for review online at BILLING CODE 4910–06–P appropriate docket number and may be www.regulations.gov and in person at submitted by any of the following the U.S. Department of Transportation’s methods: DEPARTMENT OF TRANSPORTATION Docket Operations Facility, 1200 New • Website: http:// Jersey Avenue SE, W12–140, Federal Railroad Administration www.regulations.gov. Follow the online Washington, DC 20590. The Docket instructions for submitting comments. Operations Facility is open from 9 a.m. [Docket Number FRA–2017–0131] • Fax: 202–493–2251. to 5 p.m., Monday through Friday, Notice of Application for Approval To • Mail: Docket Operations Facility, except Federal Holidays. Discontinue or Modify a Railroad Interested parties are invited to U.S. Department of Transportation, 1200 Signal System participate in these proceedings by New Jersey Avenue SE, W12–140, submitting written views, data, or Under part 235 of Title 49 of the Code Washington, DC 20590. comments. FRA does not anticipate of Federal Regulations (CFR) and 49 • Hand Delivery: 1200 New Jersey scheduling a public hearing in U.S.C. 20502(a), this provides the public Avenue SE, Room W12–140, connection with these proceedings since notice that on December 11, 2017, Washington, DC 20590, between 9 a.m. the facts do not appear to warrant a Union Pacific Railroad (UP) petitioned and 5 p.m., Monday through Friday, hearing. If any interested parties desire the Federal Railroad Administration except Federal Holidays. an opportunity for oral comment, they (FRA) seeking approval to discontinue should notify FRA, in writing, before or modify a signal system. FRA assigned Communications received by March the end of the comment period and the petition Docket Number FRA–2017– 8, 2018 will be considered by FRA specify the basis for their request. 0131. before final action is taken. Comments All communications concerning these Applicant: Union Pacific Railroad, received after that date will be proceedings should identify the Mr. Kevin D. Hicks, AVP Engineering— considered if practicable. appropriate docket number and may be Design, 1400 Douglas Street, MS 0910, Anyone can search the electronic submitted by any of the following Omaha, NE 68179. form of any written communications methods: Union Pacific seeks to retire the traffic • Website: http:// control system (TCS) on the #3 track and comments received into any of our www.regulations.gov. Follow the online between control point (CP) K005 and CP dockets by the name of the individual instructions for submitting comments. K006, between mileposts (MP) 5.00 and submitting the comment (or signing the • Fax: 202–493–2251. MP 6.10, on the KC Metro (Kansas) document, if submitted on behalf of an • Mail: Docket Operations Facility, subdivision. association, business, labor union, etc.). U.S. Department of Transportation, 1200 The reason for this retirement is to Under 5 U.S.C. 553(c), DOT solicits New Jersey Avenue SE, W12–140, accommodate a proposed Remote comments from the public to better Washington, DC 20590. Controlled Locomotive (RCL) zone inform its processes. DOT posts these • Hand Delivery: 1200 New Jersey expansion project for the 181st Street comments, without edit, including any Avenue SE, Room W12–140, Yard and to facilitate switching personal information the commenter Washington, DC 20590, between 9 a.m. operations. RCL trains will move in the provides, to www.regulations.gov, as and 5 p.m., Monday through Friday, block per General Code of Operating described in the system of records except Federal Holidays. Rules pertaining to RCL locomotives. notice (DOT/ALL–14 FDMS), which can Communications received by March Other trains will enter the block at be reviewed at https:// 8, 2018 will be considered by FRA either end on a restricting signal www.transportation.gov/privacy. See before final action is taken. Comments indication and move at restricted speed. also https://www.regulations.gov/ received after that date will be A copy of the petition, as well as any considered if practicable. written communications concerning the

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privacyNotice for the privacy notice of addressed stamped postcard. Note that of a Federal land management agency, regulations.gov. all comments received, including any alone or in partnership with a Federal personal information, will be posted land management agency or other Robert C. Lauby, and will be available to internet users, governmental or non- governmental Associate Administrator for Safety, Chief without change, to www.regulations.gov. participant. The purpose of the program Safety Officer. You may review DOT’s complete was to provide for the planning and [FR Doc. 2018–01054 Filed 1–19–18; 8:45 am] Privacy Act Statement in the Federal capital costs of alternative BILLING CODE 4910–06–P Register published April 11, 2000, or transportation systems that will enhance you may visit www.regulations.gov. the protection of national parks and Docket: For access to the docket to read Federal lands; increase the enjoyment of DEPARTMENT OF TRANSPORTATION background documents and comments visitors’ experience by conserving Federal Transit Administration received, go to www.regulations.gov at natural, historical, and cultural any time. Background documents and resources; reduce congestion and [FTA Docket No. 2017–0027] comments received may also be viewed pollution; improve visitor mobility and at the U.S. Department of accessibility; enhance visitor Notice of Request for Revisions of an Transportation, 1200 New Jersey experience; and ensure access to all, Information Collection Avenue SE, Docket Operations, M–30, including persons with disabilities. The AGENCY: Federal Transit Administration, West Building, Ground Floor, Room Paul S. Sarbanes Transit in the Parks DOT. W12–140, Washington, DC 20590–0001 program was repealed under the Moving between 9:00 a.m. and 5:00 p.m., ACTION: Notice of request for comments. Ahead for Progress in the 21st Century Monday through Friday, except federal Act (MAP–21). However, funds SUMMARY: This notice announces the holidays. previously authorized for programs intention of the Federal Transit FOR FURTHER INFORMATION CONTACT: repealed by MAP–21 remain available Administration (FTA) to request the Vanessa Williams, Office of Program for their originally authorized purposes Office of Management and Budget Management (202) 366–4818 or email: until the period of availability expires, (OMB) to approve the revisions of the [email protected]. the funds are fully expended, the funds following information collection: Paul SUPPLEMENTARY INFORMATION: Interested are rescinded by Congress, or the funds S. Sarbanes Transit in Parks Program. parties are invited to send comments are otherwise reallocated. DATES: Comments must be submitted regarding any aspect of this information Estimated Annual Burden on before March 23, 2018. collection, including: (1) The necessity Respondents: Approximately 4 hours for ADDRESSES: To ensure that your and utility of the information collection each of the 15 respondents. comments are not entered more than for the proper performance of the Estimated Total Annual Burden: 60 once into the docket, submit comments functions of the FTA; (2) the accuracy hours. identified by the docket number by only of the estimated burden; (3) ways to Frequency: Annually. enhance the quality, utility, and clarity one of the following methods: William Hyre, 1. Website: www.regulations.gov. of the collected information; and (4) ways to minimize the collection burden Deputy Associate Administrator for Follow the instructions for submitting Administration. comments on the U.S. Government without reducing the quality of the collected information. Comments [FR Doc. 2018–00880 Filed 1–19–18; 8:45 am] electronic docket site. (Note: The U.S. BILLING CODE 4910–57–P Department of Transportation’s (DOT’s) submitted in response to this notice will electronic docket is no longer accepting be summarized and/or included in the request for OMB approval of this electronic comments.) All electronic DEPARTMENT OF TRANSPORTATION submissions must be made to the U.S. information collection. Government electronic docket site at Title: 49 U.S.C. Section 5320 Paul S. National Highway Traffic Safety www.regulations.gov. Commenters Sarbanes Transit in Parks Program Administration should follow the directions below for [Docket No. NHTSA–2017–0010; Notice 2] mailed and hand-delivered comments. OMB Number: 2132–0574 2. Fax: 202–366–7951. Background: Section 3021 of the Safe, Sumitomo Rubber USA, LLC, Denial of 3. Mail: U.S. Department of Accountable, Flexible, Efficient Petition for Decision of Transportation, 1200 New Jersey Transportation Equity Act—A Legacy Inconsequential Noncompliance Avenue SE, Docket Operations, M–30, for Users (SAFETEA–LU), as amended, West Building, Ground Floor, Room established the Paul S. Sarbanes Transit AGENCY: National Highway Traffic W12–140, Washington, DC 20590–0001. in Parks Program (Transit in Parks Safety Administration (NHTSA), 4. Hand Delivery: U.S. Department of Program—49 U.S.C. 5320). The program Department of Transportation (DOT). Transportation, 1200 New Jersey was administered by FTA in partnership ACTION: Denial of petition. Avenue SE, Docket Operations, M–30, with the Department of the Interior West Building, Ground Floor, Room (DOI) and the U.S. Department of SUMMARY: Sumitomo Rubber USA, LLC W12–140, Washington, DC 20590–0001 Agriculture’s Forest Service. The (SRUSA), has determined that certain between 9:00 a.m. and 5:00 p.m., program provided grants to Federal land Sumitomo Kelly brand commercial Monday through Friday, except federal management agencies that manage an truck tires do not fully comply with holidays. eligible area, including but not limited Federal Motor Vehicle Safety Standard Instructions: You must include the to the National Park Service, the Fish (FMVSS) No. 119, New Pneumatic Tires agency name and docket number for this and Wildlife Service, the Bureau of for Motor Vehicles with a GVWR of notice at the beginning of your Land Management, the Forest Service, more than 4,536 kilograms (10,000 comments. Submit two copies of your the Bureau of Reclamation; and State, pounds) and Motorcycles. SRUSA filed comments if you submit them by mail. tribal and local governments with a noncompliance report dated January 3, For confirmation that FTA has received jurisdiction over land in the vicinity of 2017. SRUSA also petitioned NHTSA on your comments, include a self- an eligible area, acting with the consent January 31, 2017, for a decision that the

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subject noncompliance is which is not more than one-fourth of the online instructions for accessing the inconsequential as it relates to motor distance from the bead to the shoulder dockets and by using the docket ID vehicle safety. of the tire. number for this petition shown in the FOR FURTHER INFORMATION CONTACT: V. Summary of SRUSA’s Petition: heading of this notice. SRUSA described the subject Abraham Diaz, Office of Vehicle Safety NHTSA’s Decision Compliance, the National Highway noncompliance and stated its belief that Traffic Safety Administration (NHTSA), the noncompliance is inconsequential NHTSA’s Analysis: NHTSA has telephone (202) 366–5310, facsimile as it relates to motor vehicle safety. reviewed SRUSA’s petition and has (202) 366–3081. In support of its petition, SRUSA determined that the petitioner has not submitted the following reasoning: met the burden of persuasion that the SUPPLEMENTARY INFORMATION: SRUSA submits that the condition subject noncompliance is I. Overview: Sumitomo Rubber USA, described above is inconsequential as it inconsequential to motor vehicle safety. LLC (SRUSA), has determined that relates to motor vehicle safety. The tires The omission of the maximum load certain Sumitomo Kelly brand were manufactured as designed and rating and corresponding inflation commercial truck tires do not fully meet or exceed all performance pressure on one sidewall of the subject comply with S6.5 of Federal Motor requirements of applicable Federal tires presents a safety hazard and is not Vehicle Safety Standard (FMVSS) No. motor vehicle safety standards. All of inconsequential. 119, New Pneumatic Tires for Motor the subject tires are marked with the The importance of the maximum load Vehicles with a GVWR of more than correct information; however, the carrying capabilities and pressure label 4,536 kilograms (10,000 pounds) and information appears only on one for tires was discussed in the FMVSS Motorcycles (49 CFR 571.119). SRUSA sidewall. Therefore, the noncompliant No. 119 final rule (Nov. 13, 1973; 38 FR filed a noncompliance report dated condition does not affect motor vehicle 31299). In that document, NHTSA January 3, 2017, pursuant to 49 CFR part safety because the required information explained the purpose of labeling tires 573, Defect and Noncompliance is still visible and available to the with the maximum load and pressure as Responsibility and Reports. SRUSA also consumer on one sidewall of the tire. follows: petitioned NHTSA on January 31, 2017, Additionally, SRUSA is not aware of pursuant to 49 U.S.C. 30118(d) and ‘‘The trucking industry questioned the any customer complaints related to this advisability of labeling maximum inflation 30120(h) and 49 CFR part 556, for an condition. The affected tire mold was and load rating on the tire because it exemption from the notification and immediately corrected and no appeared to prohibit the adjustment of remedy requirements of 49 U.S.C. additional tires were or will be pressures to road conditions. The purpose of chapter 301 on the basis that this manufactured with this noncompliance. the labeling is to . . . warn the user of the noncompliance is inconsequential as it SRUSA also noted that NHTSA had tire’s maximum capabilities.’’ relates to motor vehicle safety. previously granted petitions for similar Furthermore, in the same rulemaking, Notice of receipt of the petition was tire information noncompliances NHTSA provided information to published with a 30-day public because of evidence showing that most manufacturers that it was necessary to comment period, on April 20, 2017, in consumers do not base tire purchases on have loading and pressure markings on the Federal Register (82 FR 18684). No tire information found on the tire both sidewalls: comments were received. To view the sidewall. Moreover, SRUSA argued that ‘‘Several manufacturers suggested that petition and all supporting documents the absence of the markings on one labeling appear on only one side of a tire log onto the Federal Docket sidewall has no impact on the when both sides of the tire, as mounted, will Management System (FDMS) website at: operational performance of the tires at be available for inspection. Accordingly, https://www.regulations.gov/. Then issue or on the safety of the vehicles on motorcycle tires must now be labeled on one follow the online search instructions to which these tires may be mounted. sidewall only, but the inaccessibility of both locate docket number ‘‘NHTSA–2017– SRUSA concluded by expressing the sidewalls on trucks and bus tires for visual 0010.’’ belief that the subject noncompliance is inspection precludes one-sidewall labeling of II. Tires Involved: Affected are inconsequential as it relates to motor these categories.’’ approximately 138 Sumitomo Kelly vehicle safety, and that its petition to be Since the subject tires can be installed KDA size 11R22.5 commercial truck exempted from providing notification of or mounted on a vehicle with either tires manufactured between December the noncompliance, as required by 49 sidewall facing outboard, some of these 4, 2016, and December 17, 2016. U.S.C. 30118, and a remedy for the tires will be mounted on vehicles with III. Noncompliance: SRUSA explains noncompliance, as required by 49 the sidewall containing the missing that the noncompliance is that the U.S.C. 30120, should be granted. information facing outboard. As the tires required markings on one sidewall of In a supplemental email dated at issue are intended for use on heavy the subject tires were inadvertently February 24, 2017, SRUSA stated that vehicles, it is quite possible that the omitted and therefore do not comply the subject tires are not asymmetric necessary loading and pressure with paragraph S6.5 of FMVSS No. 119. tires, not labeled with the words markings could be on a sidewall IV. Rule Requirements: Paragraph ‘‘OUTERSIDE’’ or ‘‘OUTER,’’ and there immediately adjacent to another tire in S6.5 of FMVSS No. 119, labelled ‘‘Tire is no designated outer or inner sidewall, a dual wheel configuration. In such a Markings’’ includes the requirements thus, the tires may be mounted with the case, the aforementioned markings relevant to this petition: missing information on the inner or would only be accessible if the dual • Each tire shall be marked on each outward facing sidewall. In a wheel assembly is taken apart. Failing to sidewall with the information specified supplemental email on May 31, 2017, mark the maximum load and in paragraphs (a) through (j) of S6.5. SRUSA informed NHTSA that the TIN corresponding inflation pressure for that • The markings shall be placed is readily available on the sidewall that load on both sidewalls of the tires puts between the maximum section width was marked correctly. an enormous burden on end users to (exclusive of sidewall decorations or To view SRUSA’s petition, analyses, ensure that the subject tires will be curb ribs) and the bead on at least one and any supplemental documentation in properly installed, used, and serviced in sidewall, unless the maximum section its entirety you can visit https:// accordance with the tire’s maximum width of the tire is located in an area www.regulations.gov by following the capability. It is reasonable to expect the

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vehicle user to overload a tire without ACTION: Notice of prompt payment penalty is owed to a business concern, the explicit guidance provided by the interest rate; Contract Disputes Act. the penalty shall be paid regardless of required sidewall markings. whether the business concern requested SUMMARY: For the period beginning Finally, SRUSA stated that NHTSA payment of such penalty. 31 U.S.C. January 1, 2018, and ending on June 30, had previously granted similar non- 3902(c)(1). Agencies must pay the 2018, the prompt payment interest rate compliances, yet, they cited no specific interest penalty calculated with the is 25⁄8 per centum per annum. petitions to support this statement. In interest rate, which is in effect at the fact, NHTSA recently denied a petition DATES: Applicable January 1, 2018, to time the agency accrues the obligation where a manufacturer omitted the June 30, 2018. to pay a late payment interest penalty. markings designating the maximum ADDRESSES: Comments or inquiries may 31 U.S.C. 3902(a). ‘‘The interest penalty load and corresponding inflation be mailed to: E-Commerce Division, shall be paid for the period beginning pressure for that load, See 82 FR 41678. Bureau of the Fiscal Service, 401 14th on the day after the required payment date and ending on the date on which NHTSA’s Decision: In consideration Street SW, Room 306F, Washington, DC payment is made.’’ 31 U.S.C. 3902(b). of the foregoing, NHTSA finds that 20227. Comments or inquiries may also Therefore, notice is given that the SRUSA has not met its burden of be emailed to PromptPayment@ Secretary of the Treasury has persuasion that the FMVSS No. 119 fiscal.treasury.gov. determined that the rate of interest noncompliance is inconsequential to FOR FURTHER INFORMATION CONTACT: applicable for the period beginning motor vehicle safety. Accordingly, Thomas M. Burnum, E-Commerce January 1, 2018, and ending on June 30, SRUSA’s petition is hereby denied and Division, (202) 874–6430; or Thomas 2018, is 25⁄8 per centum per annum. SRUSA is obligated to provide Kearns, Attorney-Advisor, Office of the notification of, and a remedy for, that Chief Counsel, (202) 874–7036. David A. Lebryk, noncompliance under 49 U.S.C. 30118 SUPPLEMENTARY INFORMATION: An agency Fiscal Assistant Secretary. and 30120. that has acquired property or service [FR Doc. 2018–01049 Filed 1–19–18; 8:45 am] Authority: 49 U.S.C. 30118, 30120: from a business concern and has failed BILLING CODE 4810–AS–P delegations of authority at 49 CFR 1.95 and to pay for the complete delivery of 501.8. property or service by the required DEPARTMENT OF THE TREASURY Jeffrey M. Giuseppe, payment date shall pay the business concern an interest penalty. 31 U.S.C. Associate Administrator for Enforcement. 3902(a). The Contract Disputes Act of United States Mint [FR Doc. 2018–00222 Filed 1–19–18; 8:45 am] 1978, Sec. 12, Public Law 95–563, 92 BILLING CODE 4910–59–P 2018 Pricing of Numismatic Gold, Stat. 2389, and the Prompt Payment Act, Commemorative Gold, and Platinum 31 U.S.C. 3902(a), provide for the Products Grid calculation of interest due on claims at the rate established by the Secretary of AGENCY: DEPARTMENT OF THE TREASURY United States Mint, Department the Treasury. of the Treasury. Fiscal Service The Secretary of the Treasury has the ACTION: Notice. authority to specify the rate by which Prompt Payment Interest Rate; the interest shall be computed for SUMMARY: The United States Mint Contract Disputes Act interest payments under section 12 of announces 2018 revisions to the pricing the Contract Disputes Act of 1978 and of gold and platinum numismatic AGENCY: Bureau of the Fiscal Service, under the Prompt Payment Act. Under products. Treasury. the Prompt Payment Act, if an interest An excerpt of the grid appears below:

The complete 2018 Pricing of platinum products is evaluated every Dated: January 17, 2018. Numismatic Gold, Commemorative Wednesday and modified as necessary. David Motl, Gold, and Platinum Products Grid will FOR FURTHER INFORMATION CONTACT: Acting Deputy Director, United States Mint. be available at https:// Cathy Olson; Numismatic and Bullion [FR Doc. 2018–01007 Filed 1–19–18; 8:45 am] catalog.usmint.gov/coin-programs/ Directorate; United States Mint, 801 9th BILLING CODE P american-eagle-coins. Street NW, Washington, DC 20220; or Pricing can vary weekly dependent call 202–354–7500. upon the London Bullion Market Authority: 31 U.S.C. 5111, 5112 & 9701. Association (LBMA) gold price weekly average. The pricing for all United States Mint numismatic gold and

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DEPARTMENT OF VETERANS www.Regulations.gov, or to Office of gather near real time feedback about AFFAIRS Information and Regulatory Affairs, specific interactions Veterans have with Office of Management and Budget, Attn: the Department of Veterans Affairs [OMB Control No. 2900—NEW] VA Desk Officer; 725 17th St. NW, regarding their Outpatient medical Washington, DC 20503 or sent through experiences. The data collected will be Agency Information Collection Activity electronic mail to oira_submission@ publicly disseminated. An agency may Under OMB Review: Veterans omb.eop.gov. Please refer to ‘‘OMB not conduct or sponsor, and a person is Experience Access Survey Questions Control No. 2900—NEW’’ in any not required to respond to a collection Scheduling Appointment: Survey correspondence. of information unless it displays a Reporting currently valid OMB control number. FOR FURTHER INFORMATION CONTACT: AGENCY: Veterans Experience Office Cynthia Harvey-Pryor, Enterprise The Federal Register Notice with a 60- (VEO), Department of Veterans Affairs. Records Service (005R1B), Department day comment period soliciting comments on this collection of ACTION: Notice. of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, information was published at Vol. 82 FR SUMMARY: In compliance with the (202) 461–5870 or email cynthia.harvey- No. 187 on September 28, 2017, page Paperwork Reduction Act (PRA) of [email protected]. Please refer to ‘‘OMB 45362. 1995, this notice announces that the Control No. 2900—NEW’’ in any Affected Public: Individuals. Veterans Experience Office (VEO), correspondence. Estimated Annual Burden: 30,000 Department of Veterans Affairs, will hours annually. submit the collection of information SUPPLEMENTARY INFORMATION: Estimated Average Burden per abstracted below to the Office of Authority: Public Law 104–13; 44 U.S.C. Respondent: 1 minute. Management and Budget (OMB) for 3501–3521. Frequency of Response: Once. review and comment. The PRA Title: Veterans Experience Access Estimated Number of Respondents: submission describes the nature of the Survey Questions Scheduling 1.8 million annually. information collection and its expected Appointment: Survey Reporting. By direction of the Secretary. cost and burden and it includes the OMB Control Number: 2900—NEW. Cynthia Harvey-Pryor, actual data collection instrument. Type of Review: Approval for public Department Clearance Officer, Office of DATES: Comments must be submitted on dissemination of survey data. Quality, Privacy and Risk, Department of or before February 21, 2018. Abstract: Veterans Experience Access Veterans Affairs. ADDRESSES: Submit written comments Outpatient Survey Questions [FR Doc. 2018–01019 Filed 1–19–18; 8:45 am] on the collection of information through Scheduling Appointment is used to BILLING CODE 8320–01–P

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Part II

The President

Proclamation 9690—Religious Freedom Day, 2018

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Federal Register Presidential Documents Vol. 83, No. 14

Monday, January 22, 2018

Title 3— Proclamation 9690 of January 16, 2018

The President Religious Freedom Day, 2018

By the President of the United States of America

A Proclamation Faith is embedded in the history, spirit, and soul of our Nation. On Religious Freedom Day, we celebrate the many faiths that make up our country, and we commemorate the 232nd anniversary of the passing of a State law that has shaped and secured our cherished legacy of religious liberty. Our forefathers, seeking refuge from religious persecution, believed in the eternal truth that freedom is not a gift from the government, but a sacred right from Almighty God. On the coattails of the American Revolution, on January 16, 1786, the Virginia General Assembly passed the Virginia Statute of Religious Freedom. This seminal bill, penned by Thomas Jefferson, states that, ‘‘all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.’’ Five years later, these principles served as the inspiration for the First Amendment, which affirms our right to choose and exercise faith without government coercion or re- prisal. Today, Americans from diverse ethnic and religious backgrounds remain steadfast in a commitment to the inherent values of faith, honesty, integrity, and patriotism. Our Constitution and laws guarantee Americans the right not just to believe as they see fit, but to freely exercise their religion. Unfortunately, not all have recognized the importance of religious freedom, whether by threatening tax consequences for particular forms of religious speech, or forcing people to comply with laws that violate their core religious beliefs without sufficient justification. These incursions, little by little, can destroy the fundamental freedom underlying our democracy. Therefore, soon after taking office, I addressed these issues in an Executive Order that helps ensure Americans are able to follow their consciences without undue Government interference and the Department of Justice has issued guidance to Federal agencies regarding their compliance with laws that protect reli- gious freedom. No American—whether a nun, nurse, baker, or business owner—should be forced to choose between the tenets of faith or adherence to the law. The United States is also the paramount champion for religious freedom around the world, because we do not believe that conscience rights are only for Americans. We will continue to condemn and combat extremism, terrorism, and violence against people of faith, including genocide waged by the Islamic State of Iraq and Syria against Yezidis, Christians, and Shia Muslims. We will be undeterred in our commitment to monitor religious persecution and implement policies that promote religious freedom. Through these efforts, we strive for the day when people of all faiths can follow their hearts and worship according to their consciences. The free exercise of religion is a source of personal and national stability, and its preservation is essential to protecting human dignity. Religious diver- sity strengthens our communities and promotes tolerance, respect, under- standing, and equality. Faith breathes life and hope into our world. We must diligently guard, preserve, and cherish this unalienable right.

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NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 16, 2018, as Religious Freedom Day. I call on all Americans to commemorate this day with events and activities that remind us of our shared heritage of religious liberty and teach us to secure this blessing both at home and abroad. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of January, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty- second.

[FR Doc. 2018–01234 Filed 1–19–18; 11:15 am] Billing code 3295–F8–P

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Reader Aids Federal Register Vol. 83, No. 14 Monday, January 22, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JANUARY

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. 1017...... 1289 Presidential Documents 3 CFR 1050...... 1289 Proclamations: Executive orders and proclamations 741–6000 Proposed Rules: The United States Government Manual 741–6000 9688...... 587 429...... 2566 9689...... 2883 430...... 2566 Other Services 9690...... 3057 Electronic and on-line services (voice) 741–6020 Executive Orders: 12 CFR Privacy Act Compilation 741–6050 13799 (Revoked by 19...... 1517 Public Laws Update Service (numbers, dates, etc.) 741–6043 EO 13820)...... 969 109...... 1517 13820...... 969 217...... 705 13821...... 1507 ELECTRONIC RESEARCH 263...... 1182 13822...... 1513 308...... 1519 World Wide Web Administrative Orders: 622...... 1293 Memorandum of 747...... 2029 Full text of the daily Federal Register, CFR and other publications January 8, 2018 ...... 1511 1083...... 1525 is located at: www.fdsys.gov. Notices: Proposed Rules: Federal Register information and research tools, including Public Notice of January 17, 213...... 286 Inspection List, indexes, and Code of Federal Regulations are 2018 ...... 2731 14 CFR located at: www.ofr.gov. 5 CFR 25 ...... 463, 2032, 2035, 2038, E-mail 1201...... 1173 2526, 2529, 2532 2634...... 2329 FEDREGTOC (Daily Federal Register Table of Contents Electronic 39 ...209, 594, 596, 1527, 1529, 2636...... 2329 Mailing List) is an open e-mail service that provides subscribers 1532, 1535, 2039, 2042, 2354, 2358, 2361, 2364, with a digital form of the Federal Register Table of Contents. The 6 CFR digital form of the Federal Register Table of Contents includes 2366, 2733, 2894, 2896, 46...... 2885 HTML and PDF links to the full text of each document. 2899 71 ...... 1184, 1185, 1537, 2535, To join or leave, go to https://public.govdelivery.com/accounts/ 7 CFR 2737 USGPOOFR/subscriber/new, enter your email address, then 1c ...... 2885 95...... 971 follow the instructions to join, leave, or manage your 927...... 589 121...... 1186 subscription. 959...... 592 135...... 1188 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: 1230...... 2885 service that notifies subscribers of recently enacted laws. Subtitle A ...... 474 1264...... 2045 Subtitle B ...... 474 1271...... 2045 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 205...... 2373, 2498 Proposed Rules: and select Join or leave the list (or change settings); then follow 929...... 72 39 .....80, 83, 1198, 1311, 1313, the instructions. 930...... 77 1579, 2088, 2090, 2373, FEDREGTOC and PENS are mailing lists only. We cannot 1220...... 2747 2375, 2378 respond to specific inquiries. 1260...... 2747 71 ...... 1201, 1582, 1584, 2574, Reference questions. Send questions and comments about the 2747 9 CFR Federal Register system to: [email protected] 73...... 1316, 1319 Proposed Rules: The Federal Register staff cannot interpret specific documents or Ch. I ...... 474 15 CFR regulations. Ch. II ...... 474 6...... 706 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Ch. III ...... 474 27...... 2885 longer appears in the Federal Register. This information can be 774...... 709 found online at http://bookstore.gpo.gov/. 10 CFR 16 CFR 2...... 1515 FEDERAL REGISTER PAGES AND DATE, JANUARY 13...... 1515 1...... 2902 50...... 2331, 2525 1028...... 2885 Proposed Rules: 1–208...... 2 2525–2732...... 18 205...... 1174 207...... 1289 Ch. II ...... 2382 209–462...... 3 2733–2884...... 19 463–588...... 4 218...... 1289 460...... 2934 2885–3058...... 22 429...... 1289 589–704...... 5 17 CFR 431...... 1289 705–970...... 8 490...... 1289 3...... 1538 971–1172...... 9 501...... 1289 9...... 1538, 1548 1173–1288...... 10 601...... 1289 211...... 1295 1289–1510...... 11 745...... 2885 230...... 2046 1511–2028...... 12 820...... 1289 232...... 2369 2029–2328...... 16 824...... 1289 275...... 1296 2329–2526...... 17 851...... 1289 Proposed Rules: 1013...... 1289 200...... 291

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18 CFR 26 CFR 201...... 2070, 2542 45 CFR 11...... 1 301...... 24 202 ...... 2070, 2371, 2542 46...... 2885 250...... 1550 381...... 2739 690...... 2885 381...... 468 27 CFR Proposed Rules: 1149...... 2071 385...... 1550 16...... 1552 1...... 2759 1158...... 2071 Proposed Rules: 42...... 2759 1230...... 2073 29 CFR 1302...... 2743 401...... 1586 38 CFR 440...... 1586 5...... 7 2554...... 2073 1304...... 2382 21...... 2885 16...... 2885 500...... 7 17...... 974 46 CFR Proposed Rules: 20 CFR 501...... 7 506...... 1304 503...... 7 1...... 2762 404...... 711 Proposed Rules: 530...... 7 17...... 2396 416...... 711 401...... 2581 570...... 7 74...... 1203 431...... 2885 404...... 2581 578...... 7 655...... 7 39 CFR 702...... 7 579...... 7 111...... 980 47 CFR 725...... 7 801...... 7 113...... 1189 0...... 732, 2554 726...... 7 825...... 7 1601...... 2536 Proposed Rules: 1...... 37, 2554 2...... 37 21 CFR 1902...... 7 111...... 995 1903...... 7 3050...... 1320 10...... 1565 1...... 598 2560...... 7 11...... 2557 11...... 598 2575...... 7 40 CFR 15...... 37 16...... 598, 2057 2590...... 7 19...... 1190 25...... 37 106...... 598 4022...... 1553 26...... 2885 30...... 37 110...... 598 4071...... 1555 52 .....33, 983, 984, 1194, 1195, 51...... 2554 111...... 598 4302...... 1555 1302 54...... 254, 2075 112...... 598 Proposed Rules: 63...... 1559 61...... 2554 114...... 598 2510...... 614 81...... 1098 63...... 2563 117...... 598 122...... 712 64...... 1566 120...... 598 30 CFR 123...... 712 73...... 733 123...... 598 100...... 7 180...... 33 90...... 1577 129...... 598 250...... 2538 260...... 420 96...... 992 179...... 598 553...... 2540 262...... 420 101...... 37 211...... 598 1241...... 2907 263...... 420 Proposed Rules: 507...... 598 Proposed Rules: 264...... 420 1...... 1215 573...... 19 901...... 2953 265...... 420 2...... 85 801...... 2057 271...... 420 25...... 85 803...... 2057 32 CFR 282...... 985 30...... 85 806...... 2057 205...... 1556 300...... 2549 54 ...... 303, 2104, 2412 810...... 2057 219...... 2885 Proposed Rules: 64...... 770 814...... 2057 52 ...636, 764, 997, 1001, 1003, 73...... 774 820...... 2057 33 CFR 1212, 1602, 2097, 2955 76...... 2119 821...... 2057 100...... 237 62...... 768 822...... 2057 117 ...... 237, 2060, 2738, 2909 63...... 1604 48 CFR 830...... 2057 147...... 237 81...... 636, 651 864...... 20, 232 Proposed Rules: 165...... 237, 2910 257...... 2100 878...... 22 812...... 1321 282...... 1003 892...... 600 Proposed Rules: 813...... 1321 300...... 2576 1308...... 469 100...... 1597 852...... 1321 165...... 1599, 2394 Proposed Rules: 41 CFR 49 CFR 7...... 2758 34 CFR 50–201...... 7 10...... 2388 11...... 2885 36...... 2062 105–70...... 1303 15...... 2952 367...... 605 97...... 2885 300–3...... 602 101...... 2393 395...... 2744 350...... 1556 300–70...... 602 201...... 2092 1022...... 992 356...... 1556 301–10...... 602 800...... 2388 359...... 1556 301–70...... 602 Proposed Rules: 801...... 2092 364...... 1556 App. C to Chap. 395 ...... 1220, 1222, 2765 1100...... 2092 365...... 1556 301 ...... 602 571...... 2607 366...... 1556 302–1...... 602 22 CFR 668...... 2062 302–4...... 602 50 CFR 35...... 234 304–2...... 602 17...... 257, 2085 103...... 234 36 CFR 223...... 2916 127...... 234, 2738 2...... 2065 42 CFR 622 ...... 65, 1305, 2931 138...... 234 14...... 2069 2...... 239 660...... 757 225...... 2885 1194...... 2912 Proposed Rules: 679 ...... 284, 2564, 2932 Proposed Rules: 493...... 1004 Proposed Rules: 25 CFR 220...... 302 17 ...... 330, 475, 490, 1223 514...... 2903 44 CFR 300...... 2412 547...... 2738 37 CFR Ch. I ...... 472 648...... 780 575...... 2059 2...... 1559 64...... 252 660...... 1009

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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 January 19, 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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