Vol. 83 Wednesday, No. 124 June 27, 2018

Pages 30031–30284

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 124

Wednesday, June 27, 2018

Agricultural Marketing Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 30149 Plant Variety Protection Board, 30095 Manual for Courts-Martial, 30147–30149 Education Department Agriculture Department NOTICES See Agricultural Marketing Service Agency Information Collection Activities; Proposals, See Food and Nutrition Service Submissions, and Approvals: See Forest Service College Assistance Migrant Program Annual Performance See Rural Business-Cooperative Service Report, 30150 See Rural Housing Service High School Equivalency Program Annual Performance Report, 30150–30151 Centers for Disease Control and Prevention New Awards; Applications: NOTICES Native Hawaiian Career and Technical Education Agency Information Collection Activities; Proposals, Program, 30151–30158 Submissions, and Approvals, 30178–30180 Training Program for Federal TRIO Programs, 30158– 30161 Coast Guard RULES Energy Department Drawbridge Operations: See Federal Energy Regulatory Commission Removal of Obsolete Drawbridge Operating Regulations; Technical Amendment, 30036–30039 Environmental Protection Agency Safety and Security Zones: RULES New York Marine Inspection and Captain of the Port Air Quality State Implementation Plans; Approvals and Zone, 30041–30044 Promulgations: Safety Zones: Alaska; Interstate Transport Requirements for 2012 Fine Boaters Against Cancer Fireworks Display; Lake Ontario, Particulate Matter National Ambient Air Quality Kendall, NY, 30046–30048 Standard, 30048–30049 Lakewood Independence Day Fireworks, Lake Erie, Outer Continental Shelf Air Regulations: Lakewood, OH, 30039–30041 New Jersey State Requirements, 30050–30054 Town of Hamburg July 3rd Party, Lake Erie, Blasdell, NY, Reporting Requirements for TSCA Mercury Inventory: 30044–30046 Mercury, 30054–30077 PROPOSED RULES NOTICES Special Local Regulations: Final Strategic Plan to Promote Development and Ohio River, Owensboro, KY, 30089–30091 Implementation of Alternative Test Methods Supporting Toxic Substances Control Act, 30167–30168 Commerce Department Guidance: See National Institute of Standards and Technology Creating Generic Names for Confidential Chemical See National Oceanic and Atmospheric Administration Substance Identity Reporting under Toxic Substances See Patent and Trademark Office Control Act, 30173–30174 NOTICES Expanded Access to TSCA Confidential Business Cross-Agency Priority Goal: Information, 30171–30173 Leveraging Data as Strategic Asset, 30113–30116 TSCA Chemical Substances: Unique Identifier Assignment and Application Policy, Community Living Administration 30168–30171 NOTICES Equal Employment Opportunity Commission Program Application Instructions for Tribal Medicare RULES Improvements for Patients and Providers Act Program Federal Sector Equal Employment Opportunity; CFR Funds, 30180 Correction, 30035 Comptroller of the Currency Federal Aviation Administration NOTICES RULES Agency Information Collection Activities; Proposals, Air Traffic Service (ATS) Routes; Modifications: Submissions, and Approvals: Routes in the Vicinity of Newberry, MI, 30032–30033 Loans in Areas Having Special Flood Hazards, 30220– Routes in the Vicinity of Richmond, IN, 30031–30032 30221 Regulatory Relief: Aviation Training Devices; Pilot Certification, Training, Defense Department and Pilot Schools; and Other Provisions, 30232– RULES 30284 National Security Education Program Grants to Institutions Restricted Areas; Amendments: of Higher Education, 30036 R–2302; Flagstaff, AZ, 30033–30034

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Restricted Areas; Revocations: Food and Nutrition Service R–2530, Sierra Army Depot, CA, 30034–30035 NOTICES NOTICES Agency Information Collection Activities; Proposals, Exemption Petitions; Summaries: Submissions, and Approvals: PlaneSense, Inc., 30212 School Nutrition and Meal Cost Study-II, 30095–30101 Tarrant County College, 30212–30213 Requests to Release Airport Land: Forest Service Federal Grant Assurance Obligations for San Luis Obispo NOTICES Airport, San Luis Obispo, CA, 30213–30214 Land Management Plans: Malheur, Umatilla, and Wallowa-Whitman National Federal Communications Commission Forests in Oregon, Washington, and Idaho States, RULES 30101–30102 IP CTS Modernization and Reform, 30082–30088 PROPOSED RULES General Services Administration Petitions for Reconsiderations of Actions in Rulemaking RULES Proceedings, 30091 Federal Travel Regulations: NOTICES Removal of Meals and Incidental Expenses Deduction Agency Information Collection Activities; Proposals, Table, Allocation of Meals and Incidental Expenses Submissions, and Approvals, 30174–30178 Rates to be Used in Making Deductions from Meals and Incidental Expenses Allowance, and Glossary of Federal Emergency Management Agency Acronyms, 30077–30079 NOTICES Flood Hazard Determinations; Changes, 30187–30190 Health and Human Services Department See Centers for Disease Control and Prevention Federal Energy Regulatory Commission See Community Living Administration NOTICES See Food and Drug Administration Applications: See National Institutes of Health Town of Bedford, 30164 RULES Combined Filings, 30164–30166 National Health Service Corps Program, 30080–30081 Complaints: Ricky Ray Hemophilia Relief Fund Program, 30081–30082 CXA La Paloma, LLC v. California Independent System Rural Physician Training Grant Program, Definition of Operator Corp., 30162 Underserved Rural Community, 30079–30080 Environmental Impact Statements; Availability, etc.: NOTICES Midship Pipeline Co., LLC; Proposed Midcontinent Meetings: Supply Header Interstate Pipeline Project, 30165 Tick-Borne Disease Working Group, 30182–30183 Filings: American Municipal Power, Inc., 30162 Homeland Security Department Institutions of Section 206 Proceedings: See Coast Guard Ameren Illinois Co., et al., 30163–30164 See Federal Emergency Management Agency Petitions for Declaratory Orders: RULES City of Falmouth, KY, 30161–30162 Regulations Governing Conduct on Federal Property: Requests under Blanket Authorizations: Temporary Extension of Applicability, 30031 Panhandle Eastern Pipe Line Co., LP, 30166–30167 Southern Star Central Gas Pipeline, Inc., 30162–30163 Information Security Oversight Office NOTICES Federal Railroad Administration Meetings: NOTICES National Industrial Security Program Policy Advisory Compliance Waivers; Petitions, 30214 Committee, 30194–30195

Federal Reserve System Interior Department NOTICES See Fish and Wildlife Service Formations of, Acquisitions by, and Mergers of Bank See Land Management Bureau Holding Companies, 30178 Internal Revenue Service Fish and Wildlife Service NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Endangered and Threatened Wildlife and Plants: Submissions, and Approvals, 30221–30223 90-Day Findings for Three Species, 30091–30094 NOTICES International Trade Commission Endangered and Threatened Species: NOTICES Proposed Low-Effect Habitat Conservation Plan for Sand Investigations; Determinations, Modifications, and Rulings, Skink, Lake, County, FL; Availability, 30191 etc.: Drawn Stainless Steel Sinks from China, 30193 Food and Drug Administration NOTICES Joint Board for Enrollment of Actuaries Meetings: NOTICES Comprehensive, Multi-Year Nutrition Innovation Meetings: Strategy, 30180–30182 Advisory Committee, 30193–30194

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Labor Department Evaluation of State Coastal Management Programs, 30118 See Occupational Safety and Health Administration Takes of Marine Mammals: See Wage and Hour Division Incidental to Pile Driving Activities for Restoration of Pier 62, Seattle Waterfront, Elliott Bay, 30120–30145 Land Management Bureau NOTICES Nuclear Regulatory Commission Plats of Surveys: NOTICES California, 30192–30193 License Amendment Applications: Idaho, 30191–30192 Southern Nuclear Operating Co., Inc.; Vogtle Electric Legal Services Corporation Generating Plant, Units 3 and 4; Changes to NOTICES Construction Fitness-for-Duty Commitments, 30199– Meetings; Sunshine Act, 30194 30202 Licenses; Amendments; Maritime Administration Southern Nuclear Operating Co., Inc.; Vogtle Electric NOTICES Generating Plant, Unit Nos. 3 and 4, 30195–30199 Funding Opportunities: Meetings: America’s Marine Highway Projects, 30214–30218 Advisory Committee on Reactor Safeguards Subcommittee on Planning and Procedures, 30195 National Archives and Records Administration See Information Security Oversight Office Occupational Safety and Health Administration RULES National Endowment for the Arts Occupational Safety and Health Standards; CFR Correction, NOTICES 30035 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Final Descriptive Reports for Recipients of National Patent and Trademark Office Endowment for the Arts Grant Awards, 30195 NOTICES Patent Cooperation Treaty Collaborative Search and National Foundation on the Arts and the Humanities Examination Pilot Project between IP5 Offices, 30145– See National Endowment for the Arts 30147

National Highway Traffic Safety Administration Postal Regulatory Commission NOTICES NOTICES Petitions for Decisions of Inconsequential Noncompliance: New Postal Products, 30202–30203 Autocar Industries, LLC and Autocar, LLC, 30218–30220 National Institute of Standards and Technology Rural Business-Cooperative Service NOTICES NOTICES Charter Renewals: Requests for Applications: Smart Grid Advisory Committee, 30116 Rural Business Development Grant Program to Provide Meetings: Technical Assistance for Rural Transportation Judges Panel of Malcolm Baldrige National Quality Systems, 30102–30106 Award, 30116–30117 Prospective Grants of Exclusive Patent Licenses, 30116 Rural Housing Service NOTICES National Institutes of Health Requests for Applications: NOTICES Farm Labor Housing Loans and Farm Labor Housing Meetings: Grants for Off-Farm Housing for Fiscal Year 2018, Center for Scientific Review, 30184–30186 30106–30113 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 30183 Securities and Exchange Commission National Center for Complementary and Integrative Health, 30183–30184 NOTICES National Eye Institute, 30183 Applications: National Institute of Allergy and Infectious Diseases, Impact Shares Trust I, et al., 30208–30209 30184 Filings: National Institute of Mental Health, 30186–30187 Consolidated Tape Assn., 30209–30210 National Institute on Drug Abuse, 30184 Joint Industry Plan, 30205–30206 Meetings; Sunshine Act, 30206 National Oceanic and Atmospheric Administration Self-Regulatory Organizations; Proposed Rule Changes: NOTICES National Futures Assn., 30203–30207 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30117–30120 State Department Meetings: NOTICES Evaluation of Old Woman Creek National Estuarine Agency Information Collection Activities; Proposals, Research Reserve, 30118–30119 Submissions, and Approvals: Evaluation of Sapelo Island National Estuarine Research Request for Department of State Personal Identification Reserve, 30119 Card, 30211

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Surface Transportation Board Request for Substitution of Claimant Upon Death of NOTICES Claimant, 30226–30227 Abandonment Exemptions: VBA Call Center Satisfaction Survey, 30227–30228 CSX Transportation, Inc. in Fulton County, GA, 30211– VHA Homeless Programs Project CHALENG (Community 30212 Homelessness Assessment, Local Education and Networking Groups) for Veterans, 30228–30229 Transportation Department See Federal Aviation Administration Wage and Hour Division See Federal Railroad Administration RULES See Maritime Administration Family and Medical Leave Act of 1993; CFR Correction, See National Highway Traffic Safety Administration 30035

Treasury Department Separate Parts In This Issue See Comptroller of the Currency See Internal Revenue Service NOTICES Part II Agency Information Collection Activities; Proposals, Transportation Department, Federal Aviation Submissions, and Approvals, 30223–30225 Administration, 30232–30284

Veterans Affairs Department Reader Aids NOTICES Agency Information Collection Activities; Proposals, Consult the Reader Aids section at the end of this issue for Submissions, and Approvals, 30225–30226 phone numbers, online resources, finding aids, and notice Agency Information Collection Activities; Proposals, of recently enacted public laws. Submissions, and Approvals: To subscribe to the Federal Register Table of Contents Application for Reimbursement of Licensing or electronic mailing list, go to https://public.govdelivery.com/ Certification Test Fees, 30226 accounts/USGPOOFR/subscriber/new, enter your e-mail Eating Disorders in Veterans: Prevalence, Comorbidity, address, then follow the instructions to join, leave, or Risk, and Healthcare Use, 30227 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

6 CFR Ch. I ...... 30031 14 CFR 1...... 30232 60...... 30232 61...... 30232 63...... 30232 65...... 30232 71 (2 documents) ...... 30031, 30032 73 (2 documents) ...... 30033, 30034 91...... 30232 121...... 30232 135...... 30232 141...... 30232 29 CFR 825...... 30035 1614...... 30035 1910...... 30035 32 CFR 206...... 30036 33 CFR 117...... 30036 165 (4 documents) ...... 30039, 30041, 30044, 30046 Proposed Rules: 100...... 30089 40 CFR 52...... 30048 55...... 30050 713...... 30054 41 CFR 300–3...... 30077 301–11...... 30077 Ch. 301 App. B...... 30077 Ch. 301 App. D...... 30077 302–9...... 30077 302–11...... 30077 42 CFR 5a...... 30079 23...... 30080 130...... 30081 47 CFR 64...... 30082 Proposed Rules: 54...... 30091 64...... 30091 50 CFR Proposed Rules: 17...... 30091

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Rules and Regulations Federal Register Vol. 83, No. 124

Wednesday, June 27, 2018

This section of the FEDERAL REGISTER Protective Service, joshua.s.vayer@ secure the property at or near the border contains regulatory documents having general hq.dhs.gov. barrier replacement project area, applicability and legal effect, most of which SUPPLEMENTARY INFORMATION: including, but not limited to, project are keyed to and codified in the Code of sites, staging areas, access roads, and Federal Regulations, which is published under Background buildings temporarily erected to support 50 titles pursuant to 44 U.S.C. 1510. Pursuant to section 1706 of the construction activities, I temporarily The Code of Federal Regulations is sold by Homeland Security Act of 2002, Public extended the applicability, allowing the the Superintendent of Documents. Law 107–296, 116 Stat. 2135 (Nov. 25, enforcement, of regulations governing 2002), as codified at 40 U.S.C. 1315, the the conduct of individuals on federal Secretary of Homeland Security is property to areas in or around the DEPARTMENT OF HOMELAND responsible for protecting the buildings, border barrier replacement project area, SECURITY grounds, and property owned, occupied, pursuant to 40 U.S.C. 1315(d)(2)(A). The or secured by the federal government project area for border barrier Office of the Secretary (including any agency, instrumentality, replacement wall and fence replacement or wholly owned or mixed ownership is situated within a geographic area that 6 CFR Chapter I corporation thereof) and the persons on starts at the Calexico West Port of Entry, Temporary Extension of Applicability the property. To carry out this mandate, and extends to approximately three of Regulations Governing Conduct on the Department is authorized to enforce miles west along the southern U.S. Federal Property the applicable federal regulations for the border. Specifically, I temporarily protection of persons and property set extended the applicability, allowing the AGENCY: Office of the Secretary, forth in 41 CFR part 102–74, subpart C.1 enforcement, of the regulations in 41 Department of Homeland Security These regulations govern conduct on CFR part 102–74, subpart C, for the (DHS). federal property and set forth the protection and administration of ACTION: Notification of temporary relevant criminal penalties. Although property owned or occupied by the extension of the applicability of these regulations apply to all property Federal Government and persons on the regulations. under the authority of the General property at or near the border barrier Services Administration and to all replacement project area near the city of SUMMARY: This document announces person entering in or on such property,2 Calexico, California. that the Secretary of Homeland Security, the Secretary of Homeland Security is The regulations in 41 CFR part 102– pursuant to the Homeland Security Act authorized pursuant to 40 U.S.C. 74, subpart C, will remain applicable of 2002, has temporarily extended the 1315(d)(2)(A) to extend the applicability and enforceable at these locations for applicability of certain regulations of these regulations to any property the duration of the construction related governing conduct on federal property owned or occupied by the federal to the border barrier replacement near to a certain area within the United government and to enforce them. the city of Calexico, California. States Border Patrol’s El Centro Sector allowing for their enforcement. This Temporary Administrative Extension of Kirstjen M. Nielsen, temporary administrative extension Applicability of Regulations Governing Secretary of Homeland Security. Conduct on Federal Property to Certain enables DHS to protect and secure [FR Doc. 2018–13725 Filed 6–26–18; 8:45 am] Areas in the Vicinity of the Border Near federal property at or near the project BILLING CODE 4410–10–P area for replacement border barrier near the City of Calexico the city of Calexico, California, DHS is replacing existing border fence including but not limited to, project with bollard wall near the city of DEPARTMENT OF TRANSPORTATION sites, staging areas, access roads, and Calexico in the United States Border buildings temporarily erected to support Patrol’s El Centro Sector pursuant to Federal Aviation Administration construction activities, and to carry out several statutory and executive DHS’s statutory obligations to protect directives.3 In order to protect and 14 CFR Part 71 and secure the nation’s borders. The 1 [Docket No. FAA–2017–1144; Airspace project area for border barrier Although these regulations were issued prior to the Homeland Security Act, per section 1512 of the Docket No. 16–AGL–30] replacement is situated within a Act, these regulations remain the relevant geographic area that starts at the regulations for purposes of the protection and RIN 2120–AA66 Calexico West Port of Entry, and administration of property owned or occupied by extends approximately three miles west the federal government. Modification of Air Traffic Service 2 along the southern U.S. border. See 41 CFR 102–74.365. (ATS) Routes in the Vicinity of 3 The statutory and executive directives relating Richmond, IN DATES: Pursuant to 40 U.S.C. 1315(d), to the construction of the border wall replacement the extension began on May 20, 2018 fencing include, but are not limited to, section 102 AGENCY: Federal Aviation and will continue for the duration of the of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law 104–208, Administration (FAA), DOT. construction activities related to the Div. C, 110 Stat. 3009–546, 3009–554 (Sept. 30, border barrier replacement project near 1996) (8 U.S.C. 1103 note), as amended by the Homeland Security Appropriations Act, 2008, the city of Calexico, California. REAL ID Act of 2005, Public Law 109–13, Div. B, Public Law 110–161, Div. E, Title V, section 564, FOR FURTHER INFORMATION CONTACT: 119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 121 Stat. 2090 (Dec. 26, 2007) (8 U.S.C. 1103 note); 1103 note), the Secure Fence Act of 2006, Public Section 2 of the Secure Fence Act of 2006, Public Joshua A. Vayer, Division Director, Law 109–367, section 3, 120 Stat. 2638 (Oct. 26, Law l09–367, 120 Stat. 2638 (Oct. 26, 2006) (8 Protective Operations Division, Federal 2006) (8 U.S.C. 1103 note), and the Department of U.S.C. 1701 note); and E.O. 13767.

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ACTION: Final rule, correction. Domestic VOR Federal Airways, remove www.archives.gov/federal-register/cfr/ the text that reads: ibr-locations.html. SUMMARY: This action corrects a final FAA Order 7400.11, Airspace rule published in the Federal Register ‘‘V–467 [Amended] From Waterville, OH; to Detroit, MI.’’ Designations and Reporting Points, is of May 29, 2018, that amends five VHF published yearly and effective on Issued in Washington, DC, on June 20, omnidirectional range (VOR) Federal September 15. airways (V–12, V–214, V340, V–467, 2018. FOR FURTHER INFORMATION CONTACT: and V517) and one low altitude area Rodger A. Dean Jr., Colby Abbott, Airspace Policy Group, navigation (RNAV) route (T–213). This Manager, Airspace Policy Group. Office of Airspace Services, Federal action removes V–467 as the FAA [FR Doc. 2018–13739 Filed 6–26–18; 8:45 am] Aviation Administration, 800 inadvertently listed the route as being BILLING CODE 4910–13–P Independence Avenue SW, Washington, amended when, in fact, it already has DC 20591; telephone: (202) 267–8783. been removed in a previous rulemaking. SUPPLEMENTARY INFORMATION: DATES: Effective date 0901 UTC DEPARTMENT OF TRANSPORTATION September 13, 2018. The Director of the Federal Aviation Administration Authority for This Rulemaking Federal Register approves this The FAA’s authority to issue rules incorporation by reference action under 14 CFR Part 71 regarding aviation safety is found in Title 1, Code of Federal Regulations, Title 49 of the United States Code. part 51, subject to the annual revision of [Docket No. FAA–2018–0222; Airspace Subtitle I, Section 106 describes the FAA Order 7400.11 and publication of Docket No. 18–AGL–2] authority of the FAA Administrator. conforming amendments. RIN 2120–AA66 Subtitle VII, Aviation Programs, FOR FURTHER INFORMATION CONTACT: describes in more detail the scope of the Colby Abbott, Airspace Policy Group, Modification of Air Traffic Service agency’s authority. This rulemaking is Office of Airspace Services, Federal (ATS) Route in the Vicinity of promulgated under the authority Aviation Administration, 800 Newberry, MI described in Subtitle VII, Part A, Independence Avenue SW, Washington, Subpart I, Section 40103. Under that AGENCY: Federal Aviation DC 20591; telephone (202) 267–8783. section, the FAA is charged with Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: prescribing regulations to assign the use ACTION: Final rule. History of the airspace necessary to ensure the safety of aircraft and the efficient use of SUMMARY: This action modifies VHF The FAA published a final rule in the airspace. This regulation is within the Federal Register (83 FR 24403; May 29, Omnidirectional Range (VOR) Federal airway V–316 in the vicinity of scope of that authority as it modifies the 2018) for Docket No. FAA–2017–1144 route structure in the National Airspace amending VOR Federal airways V–12, Newberry, MI. The FAA is taking this action due to the planned System as necessary to preserve the safe V–214, V–340, V–467, and V–517, and and efficient flow of air traffic. low altitude RNAV route T–213. decommissioning of the Newberry, MI, Subsequent to publication, the FAA VOR/Distance Measuring Equipment History (VOR/DME) navigation aid (NAVAID), identified that one VOR Federal airway, The FAA published a notice of which provides navigation guidance for V–467, already has been removed in a proposed rulemaking in the Federal portions of the above route. The previous rulemaking (83 FR 13404; Register for Docket No. FAA–2018–0222 Newberry VOR/DME is a non-federal March 29, 2018). This action removes (83 FR 12885; March 26, 2018) to amend NAVAID owned by the State of reference to V–467 in the preamble and VOR Federal airway V–316 due to the Michigan that is planned to be the regulatory text. planned decommissioning of the decommissioned in September 2018. Correction to Final Rule Newberry, MI, VOR/DME. Interested DATES: Effective date 0901 UTC, parties were invited to participate in Accordingly, pursuant to the September 13, 2018. The Director of the this rulemaking effort by submitting authority delegated to me, Modification Federal Register approves this written comments on the proposal. No of Air Traffic Service (ATS) Routes in incorporation by reference action under comments were received. the Vicinity of Richmond, IN, published Title 1, Code of Federal Regulations, VOR Federal airways are published in in the Federal Register of May 29, 2018 part 51, subject to the annual revision of paragraph 6010(a) of FAA Order (83 FR 24403), FR Doc. 2018–11327, is FAA Order 7400.11 and publication of 7400.11B dated August 3, 2017, and corrected as follows: conforming amendments. effective September 15, 2017, which is ADDRESSES § 71.1 [Amended] : FAA Order 7400.11B, incorporated by reference in 14 CFR Airspace Designations and Reporting 71.1. The VOR Federal airways listed in ■ On page 24403, column 1, line 15; Points, and subsequent amendments can this document would be subsequently column 2, line 32; and column 3, line be viewed online at http://www.faa.gov/ published in the Order. 11, remove the text ‘‘V–467.’’ On page air_traffic/publications/. For further 24403, column 3, lines 49 thru 56, information, you can contact the Availability and Summary of remove the text that reads ‘‘V–467: V– Airspace Policy Group, Federal Aviation Documents for Incorporation by 467 extends between the Richmond, IN, Administration, 800 Independence Reference VORTAC and the Detroit, MI, VOR/ Avenue SW, Washington, DC 20591; This document amends FAA Order DME. This rule removes the airway telephone: (202) 267–8783. The Order is 7400.11B, Airspace Designations and segment between the Richmond, IN, also available for inspection at the Reporting Points, dated August 3, 2017, VORTAC and the Waterville, OH, VOR/ National Archives and Records and effective September 15, 2017. FAA DME. The unaffected portion of the Administration (NARA). For Order 7400.11B is publicly available as existing airway remains as charted.’’ information on the availability of FAA listed in the ADDRESSES section of this ■ On page 22404, column 3, lines 39 Order 7400.11B at NARA, call (202) document. FAA Order 7400.11B lists and 40, under Paragraph 6010(a) 741–6030, or go to https:// Class A, B, C, D, and E airspace areas,

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air traffic service routes, and reporting impacts. In accordance with FAA Order DEPARTMENT OF TRANSPORTATION points. 1050.1F, paragraph 5–2 regarding Federal Aviation Administration The Rule Extraordinary Circumstances, the FAA has reviewed this action for factors and The FAA is amending Title 14, Code circumstances in which a normally 14 CFR Part 73 of Federal Regulations (14 CFR) part 71 categorically excluded action may have to modify VOR Federal airway V–316 [Docket No. FAA–2018–0520; Airspace a significant environmental impact Docket No. 18–AWP–9] due to the planned decommissioning of requiring further analysis. The FAA has the Newberry, MI, VOR/DME. The V– RIN 2120–AA66 316 change is described below. determined that no extraordinary V–316: V–316 extends between the circumstances exist that warrant Amendment of Restricted Area Ironwood, MI, VOR/Tactical Air preparation of an environmental R–2302; Flagstaff, AZ assessment or environmental impact Navigation (VORTAC) and the Sudbury, AGENCY: study. Federal Aviation ON, Canada, VOR/DME, excluding the Administration (FAA), DOT. airspace within Canada. The airway List of Subjects in 14 CFR Part 71 ACTION: Final rule; technical segment between the Sawyer, MI, VOR/ amendment. DME and the Sault Ste Marie, MI, VOR/ Airspace, Incorporation by reference, DME is removed. The unaffected Navigation (air). SUMMARY: This action changes the time portions of the existing airway remain of designation and controlling agency of The Amendment as charted. restricted area R–2302, Flagstaff AZ. The radials in the route description In consideration of the foregoing, the The FAA is taking this administrative below are unchanged and stated in True action in response to the United States degrees. Federal Aviation Administration amends 14 CFR part 71 as follows: Army’s limited utilization of the Regulatory Notices and Analyses airspace while updating the responsible controlling agency. There are no The FAA has determined that this PART 71—DESIGNATION OF CLASS A, changes to the boundaries; designated regulation only involves an established B, C, D, AND E AIRSPACE AREAS; AIR altitudes; or activities conducted within body of technical regulations for which TRAFFIC SERVICE ROUTES; AND the affected restricted area. frequent and routine amendments are REPORTING POINTS necessary to keep them operationally DATES: Effective date: 0901 UTC, current. It, therefore: (1) Is not a ■ 1. The authority citation for part 71 September 13, 2018. ‘‘significant regulatory action’’ under continues to read as follows: FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group, Executive Order 12866; (2) is not a Authority: 49 U.S.C. 106(f), 106(g); 40103, Office of Airspace Services, Federal ‘‘significant rule’’ under Department of 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Aviation Administration, 800 Transportation (DOT) Regulatory 1959–1963 Comp., p. 389. Policies and Procedures (44 FR 11034; Independence Avenue SW, Washington, February 26, 1979); and (3) does not § 71.1 [Amended] DC 20591; telephone: (202) 267–8783. warrant preparation of a regulatory SUPPLEMENTARY INFORMATION: evaluation as the anticipated impact is ■ 2. The incorporation by reference in Authority for This Rulemaking so minimal. Since this is a routine 14 CFR 71.1 of FAA Order 7400.11B, matter that only affects air traffic Airspace Designations and Reporting The FAA’s authority to issue rules procedures and air navigation, it is Points, dated August 3, 2017 and regarding aviation safety is found in certified that this rule, when effective September 15, 2017, is Title 49 of the United States Code. promulgated, does not have a significant amended as follows: Subtitle I, Section 106 describes the authority of the FAA Administrator. economic impact on a substantial Paragraph 6010(a) Domestic VOR Federal number of small entities under the Airways. Subtitle VII, Aviation Programs, criteria of the Regulatory Flexibility Act. describes in more detail the scope of the * * * * * agency’s authority. This rulemaking is Environmental Review V–316 promulgated under the authority The FAA has determined that this described in Subtitle VII, Part A, From Ironwood, MI; to Sawyer, MI. From action of modifying VOR Federal airway Subpart I, Section 40103. Under that V–316 near Newberry, MI qualifies for Sault Ste Marie, MI; thence via Sault Ste Marie 091° radial to Elliot Lake, ON, Canada, section, the FAA is charged with categorical exclusion under the National NDB; thence to Sudbury, ON, Canada, via the prescribing regulations to assign the use Environmental Policy Act and its 259° radial to Sudbury. The airspace within of the airspace necessary to ensure the implementing regulations at 40 CFR part Canada is excluded. safety of aircraft and the efficient use of 1500, and in accordance with FAA airspace. This regulation is within the Order 1050.1F, Environmental Impacts: Issued in Washington, DC, on June 20, scope of that authority as it Policies and Procedures, Paragraph 5– 2018. administratively amends the time of 6.5a, which categorically excludes from Rodger A. Dean Jr., designation and controlling agency for further environmental impact review Manager, Airspace Policy Group. restricted area R–2302, Flagstaff, AZ. rulemaking actions that designate or [FR Doc. 2018–13740 Filed 6–26–18; 8:45 am] modify classes of airspace areas, History BILLING CODE 4910–13–P airways, routes, and reporting points The FAA evaluates utilization of (see 14 CFR part 71, Designation of special use airspace annually. For the Class A, B, C, D, and E Airspace Areas; past five years the utilization of Air Traffic Service Routes; and restricted area R–2302 has declined Reporting Points). As such, this action steadily. The FAA in coordination with is not expected to result in any the United States Army, has concluded potentially significant environmental the restricted area is still needed, but at

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an on-call basis only. Therefore, the 1050.1F, Environmental Impacts: Issued in Washington, DC, on June 20, airspace will be activated by a Notice to Policies and Procedures, paragraph 5– 2018. Airman (NOTAM), four hours in 6.5.d, ‘‘Modification of the technical Rodger A. Dean, Jr., advance as opposed to active description of special use airspace Manager, Airspace Policy Group. continuously Monday through Saturday (SUA) that does not alter the [FR Doc. 2018–13738 Filed 6–26–18; 8:45 am] from 0800 to 2400. Additionally, the dimensions, altitudes, or times of BILLING CODE 4910–13–P controlling agency has changed from designation of the airspace (such as Albuquerque Air Traffic Control Center changes in designation of the (ARTCC) to Phoenix Terminal Radar controlling or using agency, or DEPARTMENT OF TRANSPORTATION Approach Control (TRACON) due to a correction of typographical errors).’’ recent alignment of assigned airspace This airspace action is an administrative Federal Aviation Administration thus making the restricted area fall change to the description of restricted completely within Phoenix TRACONs area R–2302; Flagstaff, AZ, to update the 14 CFR Part 73 assigned airspace. time of designation and controlling agency name. It does not alter the [Docket No. FAA–2018–0476; Airspace The Rule Docket No. 18–AWP–8] dimensions, altitudes, time of This action amends Title 14 Code of designation, or use of the airspace. RIN 2120–AA66 Federal Regulations (14 CFR) part 73 by Therefore, this airspace action is not revising the time of designation and expected to result in any significant Revocation of Restricted Area R–2530, controlling agency listed for restricted environmental impacts. In accordance Sierra Army Depot, CA area R–2302, Flagstaff, AZ. The time of with FAA Order 1050.1F, paragraph 5– designation is changed from ‘‘active 2 regarding Extraordinary AGENCY: Federal Aviation daily, 0800–2400 MST, Monday through Circumstances, this action has been Administration (FAA), DOT. Saturday;’’ to ‘‘intermittent by NOTAM reviewed for factors and circumstances ACTION: Final rule. only, 4 hours in advance, between 0800 in which a normally categorically to 2400 MST, Monday through excluded action may have a significant SUMMARY: This action removes restricted Saturday’’. Additionally, the controlling environmental impact requiring further area R–2530 Sierra Army Depot, CA. agency for R–2302 is changed from analysis, and it is determined that no This restricted area was originally ‘‘Albuquerque ARTCC’’ to ‘‘Phoenix extraordinary circumstances exist that established in 1963 for the purpose of TRACON’’. These are administrative warrant preparation of an neutralization of ammunition through a changes and do not affect the environmental assessment. process known as burning. The United boundaries, designated altitudes, or States Army has advised there are no activities conducted within the List of Subjects in 14 CFR Part 73 future plans for this restricted area and restricted area; therefore, notice and Airspace, Prohibited areas, Restricted has concurred with the FAA’s plan for public procedures under 5 U.S.C. 553(b) areas. removal. Therefore, the FAA has are unnecessary. determined that a valid requirement for Regulatory Notices and Analyses The Amendment the airspace no longer exists. DATES: Effective date: July 27, 2018. The FAA has determined that this In consideration of the foregoing, the regulation only involves an established Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: body of technical regulations for which amends 14 CFR part 73, as follows: Kenneth Ready, Airspace Policy Group, frequent and routine amendments are Office of Airspace Services, Federal necessary to keep them operationally PART 73—SPECIAL USE AIRSPACE Aviation Administration, 800 current. It, therefore: (1) Is not a Independence Avenue SW, Washington, ‘‘significant regulatory action’’ under ■ 1. The authority citation for part 73 DC 20591; telephone: (202) 267–8783. Executive Order 12866; (2) is not a continues to read as follows: SUPPLEMENTARY INFORMATION: ‘‘significant rule’’ under Department of Authority: 49 U.S.C. 106(f), 106(g); 40103, Authority for This Rulemaking Transportation (DOT) Regulatory 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Policies and Procedures (44 FR 11034; 1959–1963 Comp., p. 389. The FAA’s authority to issue rules regarding aviation safety is found in February 26, 1979); and (3) does not § 73.23 [Amended] warrant preparation of a regulatory Title 49 of the United States Code. evaluation as the anticipated impact is ■ 2. Section 73.23 is amended as Subtitle I, Section 106 describes the so minimal. Since this is a routine follows: authority of the FAA Administrator. matter that only affects air traffic * * * * * Subtitle VII, Aviation Programs, procedures and air navigation, it is describes in more detail the scope of the certified that this rule, when R–2302 Flagstaff, AZ [Amended] agency’s authority. This rulemaking is promulgated under the authority promulgated, does not have a significant By removing ‘‘Time of designation. economic impact on a substantial described in Subtitle VII, Part A, Active daily, 0800–2400 MST, Monday Subpart I, Section 40103. Under that number of small entities under the through Saturday’’ and adding in their criteria of the Regulatory Flexibility Act. section, the FAA is charged with place ‘‘Time of designation. Intermittent prescribing regulations to assign the use Environmental Review by NOTAM only, 4 hours in advance, of the airspace necessary to ensure the The FAA has determined that this between 0800 to 2400 MST, Monday– safety of aircraft and the efficient use of action of updating the time of Saturday. airspace. This regulation is within the designation and controlling agency for By removing ‘‘Controlling agency. scope of that authority as it returns restricted area R–2302; Flagstaff, AZ, Albuquerque ARTCC,’’ and adding in restricted area R–2530 Sierra Army qualifies for categorical exclusion under their place ‘‘Controlling agency. FAA, Depot, CA, as it is no longer needed for the National Environmental Policy Act, Phoenix TRACON.’’ its designated purpose within the and in accordance with FAA Order * * * * * National Airspace System (NAS).

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The Rule not expected to result in any significant § 825.120 Leave for pregnancy or birth. This action amends 14 Code of environmental impacts. In accordance (a) * * * with FAAO 1050.1F, paragraph 5–2 Federal Regulations (CFR) part 73 by (4) * * * Circumstances may require removing Restricted area R–2530 Sierra regarding Extraordinary Circumstances, this action has been reviewed for factors that FMLA leave begin before the actual Army Depot, CA. The United States date of birth of a child. * * * For Army no longer has a use for the and circumstances in which a normally example, a pregnant employee may be restricted area, which was originally categorically excluded action may have unable to report to work because of established for neutralization of a significant environmental impact severe morning sickness. ammunition through a process known requiring further analysis, and it is as burning. The process was considered determined that no extraordinary * * * * * a hazard to aircraft since an circumstances exist that warrant [FR Doc. 2018–13908 Filed 6–26–18; 8:45 am] preparation of an environmental uncontrolled explosion may have BILLING CODE 1301–00–D occurred at any time during the burning assessment. operation. The FAA has determined that List of Subjects in 14 CFR Part 73 a valid requirement for the airspace no Airspace, Prohibited areas, Restricted longer exists and the restricted area is EQUAL EMPLOYMENT OPPORTUNITY areas. being returned to the NAS. COMMISSION Since this action reduces restricted The Amendment 29 CFR Part 1614 airspace, the solicitation of comments In consideration of the foregoing, the would only delay the return of airspace Federal Aviation Administration Federal Sector Equal Employment to public use without offering any amends 14 CFR part 73 as follows: meaningful right or benefit to any Opportunity segment of the public; therefore, notice PART 73—SPECIAL USE AIRSPACE CFR Correction and public procedure under 5 U.S.C. 553(b) are unnecessary. ■ 1. The authority citation for part 73 In Title 29 of the Code of Federal continues to read as follows: Regulatory Notices and Analyses Regulations, Parts 900 to 1899, revised Authority: 49 U.S.C. 106(f), 106(g); 40103, as of July 1, 2017, on page 302, in The FAA has determined that this 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, § 1614.304, paragraph (b)(4) is reinstated regulation only involves an established 1959–1963 Comp., p. 389. to read as follows: body of technical regulations for which frequent and routine amendments are § 73.25 [Amended] § 1614.304 Contents of petition. necessary to keep them operationally ■ 2. Section 73.25 is amended as * * * * * current. It, therefore: (1) Is not a follows: (b) * * * ‘‘significant regulatory action’’ under * * * * * Executive Order 12866; (2) is not a (4) A copy of the decision issued by ‘‘significant rule’’ under Department of R–2530 Sierra Army Depot, CA the MSPB; and Transportation (DOT) Regulatory [Removed] * * * * * Policies and Procedures (44 FR 11034; [FR Doc. 2018–13907 Filed 6–26–18; 8:45 am] Issued in Washington, DC, on June 20, February 26, 1979); and (3) does not BILLING CODE 1301–00–D warrant preparation of a regulatory 2018. evaluation as the anticipated impact is Rodger A. Dean, Jr., so minimal. Since this is a routine Manager, Airspace Policy Group. matter that only affects air traffic [FR Doc. 2018–13737 Filed 6–26–18; 8:45 am] DEPARTMENT OF LABOR procedures and air navigation, it is BILLING CODE 4910–13–P certified that this rule, when Occupational Safety and Health promulgated, does not have a significant Administration economic impact on a substantial DEPARTMENT OF LABOR number of small entities under the 29 CFR Part 1910 criteria of the Regulatory Flexibility Act. Wage and Hour Division Environmental Review Occupational Safety and Health 29 CFR Part 825 Standards The FAA has determined that this action of revoking of R–2530 Sierra The Family and Medical Leave Act of CFR Correction Army Depot, CA, qualifies for 1993 § 1910.1043 [Amended] categorical exclusion under the National CFR Correction Environmental Policy Act in accordance ■ In Title 29 of the Code of Federal with FAA Order 1050.1E, ■ In Title 29 of the Code of Federal Regulations, Part 1910 (§ 1910.1000 to Environmental Impacts: Policies and Regulations, Parts 500 to 899, revised as end of part 1910), revised as of July 1, Procedures, paragraph 5–6.5.c, ‘‘Actions of July 1, 2017, on page 821, in to return all or part of special use § 825.120, paragraph (a)(4) is amended 2017, on page 297, paragraphs airspace (SUA) to the National Airspace as follows: § 1910.1043(i)(1)(i)(A) through (F) are System (NAS), such as revocation of —Remove the third sentence of the removed. airspace, a decrease in dimensions, or a paragraph; [FR Doc. 2018–13909 Filed 6–26–18; 8:45 am] reduction in times of use (e.g., from —Add a sentence following the first BILLING CODE 1301–00–D continuous to intermittent, or use by a sentence of the paragraph; and Notice to Airmen (NOTAM)).’’ This —Add a sentence following the last action returns restricted airspace to the sentence of the paragraph. NAS. Therefore, this airspace action is The additions read as follows:

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DEPARTMENT OF DEFENSE Dated: June 21, 2018. II. Background Information and Aaron T. Siegel, Regulatory History Office of the Secretary Alternate OSD Federal Register Liaison The Coast Guard is issuing this final Officer, Department of Defense. 32 CFR Part 206 rule without prior notice and [FR Doc. 2018–13759 Filed 6–26–18; 8:45 am] opportunity to comment pursuant to [Docket ID: DOD–2017–OS–0055] BILLING CODE 5001–06–P authority under section 4(a) of the RIN 0790–AJ93 Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision National Security Education Program DEPARTMENT OF HOMELAND authorizes an agency to issue a rule (NSEP) Grants to Institutions of Higher SECURITY without prior notice and opportunity to Education comment when the agency for good Coast Guard cause finds that notice and comment AGENCY: Under Secretary of Defense for procedures are ‘‘impracticable, Personnel and Readiness, DoD. 33 CFR Part 117 unnecessary, or contrary to the public ACTION: Final rule. interest.’’ Under 5 U.S.C. 553(b), the [Docket No. USCG–2018–0443] SUMMARY: This final rule will remove Coast Guard finds that good cause exists DoD’s regulation that relates to the for not publishing a notice of proposed RIN 1625–AA09 administration of the Boren grants rulemaking (NPRM) due to the fact that program as sections pertinent to the the 33 drawbridges identified either do Drawbridge Operation Regulation; not exist or no longer function as a public were incorporated into the Technical Amendment; Removal of revision of DoD’s regulation titled drawbridge. Therefore, their regulations Obsolete Drawbridge Operating are no longer applicable and need to be ‘‘National Security Education Program Regulations (NSEP) and NSEP Service Agreement’’ removed. It is unnecessary to publish a on December 5, 2016. This rule has been AGENCY: Coast Guard, DHS. NPRM because drawbridge regulations are only used for bridges that have an superseded, is unnecessary, and can be ACTION: Final rule. removed. operational span that is intended to be opened for the passage of waterway DATES: This rule is effective on June 27, SUMMARY: The Coast Guard is removing traffic. These bridges are no longer 2018. the existing operation regulations for 33 drawbridges across various waterways operational. FOR FURTHER INFORMATION CONTACT: Dr. For the same reasons stated in the Sam Eisen at 571–256–0760. and in various locations, across the east coast and western rivers of the United preceding paragraph, under 5 U.S.C. SUPPLEMENTARY INFORMATION: It has been States. These drawbridges have either 553(d)(3), the Coast Guard finds that determined that publication of this CFR been replaced with a fixed bridge, good cause exists for making this rule part removal for public comment is removed from the waterway, altered effective in less than 30 days after impracticable, unnecessary, and with CG approval in such a manner that publication in the Federal Register. The contrary to public interest since its the drawspan is no longer moveable or bridges at issue no longer have an content was incorporated into another the approaching rail lines or roadways operational span and therefore have no CFR part for which public comment was have been removed with the drawspan need of a drawbridge regulation. The taken. open to navigation and inoperable. removal of the regulation will not affect The removal of this part eliminates These 33 operating regulations are no mariners currently operating on this text which has been superseded at 32 longer applicable or necessary. waterway. Therefore, a delayed effective CFR part 208, therefore, it will not date is unnecessary. change the regulatory impact on the DATES: This rule is effective June 27, public. This removal is administrative 2018. III. Legal Authority and Need for Rule in nature and does not result in a ADDRESSES: To view documents The Coast Guard is issuing this rule burden reduction or cost savings to the mentioned in this preamble as being under authority 33 U.S.C. 499. public. available in the docket, go to http:// The elimination of these drawbridges DoD internal guidance concerning the www.regulations.gov, type USCG–2018– necessitates the removal of their administration of the Boren grants 0443. In the ‘‘SEARCH’’ box and click corresponding drawbridge operation program will continue to be published ‘‘SEARCH.’’ Click on Open Docket regulation in 33 CFR part 117 subpart B. in DoD Instruction 1025.02 available at Folder on the line associated with this http://www.esd.whs.mil/Portals/54/ rulemaking IV. Discussion of Final Rule Documents/DD/issuances/dodi/102502_ The Coast Guard is removing _ FOR FURTHER INFORMATION CONTACT: If dodi 2017.pdf. you have questions on this rule, call or restrictions and the regulatory burdens This rule is not significant under email Mr. Chris Jaufmann, Office of related to the draw operations for these Executive Order (E.O.) 12866, Bridge Programs; United States Coast 33 bridges that no longer function as ‘‘Regulatory Planning and Review,’’ Guard Headquarters; telephone 202– drawbridges. In the regulatory section of therefore, E.O. 13771, ‘‘Reducing 372–1512, email Josef.C.Jaufmann@ this final rule, the 33 bridges are Regulation and Controlling Regulatory uscg.mil. presented numerically based on their Costs’’ does not apply. section number and, if applicable, SUPPLEMENTARY INFORMATION: List of Subjects in 32 CFR Part 206 paragraph lettering under 33 CFR part 117 subpart B. Colleges and universities, Grant I. Table of Abbreviations This final rule will update 33 CFR programs—education. CFR Code of Federal Regulations DHS Department Of Homeland Security part 117 subpart B by removing PART 206—[REMOVED] FR Federal Register language that governs the operating Pub. L. Public Law schedule of the aforementioned bridges, ■ Accordingly, by the authority of 5 § Section which in fact, in their current state, are U.S.C. 301, 32 CFR part 206 is removed. U.S.C. United States Code no longer drawbridges. The removal of

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these obsolete regulations will not affect —§ 117.601 Malden River; Between Mile 6.9; Thirteenth Coast Guard waterway or land traffic. Medford and Everett, MA; S16 Bridge; District. The following bridges remain across Mile 0.3; First Coast Guard District. —§ 117.1059(h) Snohomish River, their respective waterways and remain The following bridges remain in the Steamboat Slough, and Ebey Bay; in use in their transportation function, waterway and are open to navigation. Marysville, WA; SR 529 Highway however; have been converted to fixed However, the rail line, including the Bridge; Mile 1.6; Thirteenth Coast bridges: bridge, are no longer in use. Guard District. —§ 117.125(b) Black River; Black Rock, —§ 117.139(a) White River; DeValls In accordance with § 117.1059(h), the AR; Burlington Northern RR Bridge; Bluff; AR; Chicago, Rock Island and drawtender at the SR 529 Highway Mile 68.4; Eighth Coast Guard Pacific Railroad Bridge; Mile 122; Bridge across Ebey Slough, mile 1.6 at District. Eighth Coast Guard District. Marysville would control the openings —§ 117.125(c) Black River; Pocahontas, —§ 117.521 Back Cove; Portland, ME; at that bridge and the openings for the AR; Arkansas State HWY Dept. Canadian National Railroad Bridge; SR 529 Highway Bridge across the Bridge; Mile 90.1; Eighth Coast Guard Mile 0.2; First Coast Guard District. Snohomish River, mile 3.6 at Everett District. —§ 117.605(b) Merrimack River; and the twin, SR 529 Highway Bridges —§ 117.125(e) Black River; Corning, AR; Newburyport, MA; Massachusetts Bay across Steamboat Slough, mile 1.1 and Union Pacific RR Bridge; Mile 144.4; Transportation Authority (MBTA) 1.2 respectively near Marysville; Eighth Coast Guard District. Monday through Friday. The —§ 117.125(f) Black River; Corning, AR; Railroad Bridge; Mile 3.4; First Coast Guard District. drawtender at SR 529 Highway Bridge Arkansas State HWY Dept. Bridge; across the Snohomish River, mile 3.6 at The following drawbridges have been Mile 152.2; Eighth Coast Guard Everett would control bridge openings District. removed from the waterway and at all other times. Due to the —§ 117.127 Current River; Biggers, AR; replaced with fixed bridges: replacement of the SR 529 Highway Arkansas Highway Bridge; Mile 10.2; —§ 117.139(a) White River; DeValls Bridge across Ebey Slough, mile 1.6 at Eight Coast Guard District Bluff, AR; US70 Highway Bridge; Mile Marysville with a fixed bridge, the —§ 117.527 Kennebunk River; Between 121.7; First Coast Guard District. duties of the drawtender were no longer Kennebunk and Kennebunkport, ME; —§ 117.261(b) Atlantic Intracoastal needed and are now the full Dock Square Drawbridge; Mile 1; First Waterway from St. Mary’s River to responsibility of the drawtender at the Coast Guard District. Key Largo; Jacksonville Beach, FL; SR 529 Highway Bridge across the —§ 117.591(b) Charles River and its McCormick Bridge; Mile 747.5; Snohomish River, mile 3.6 at Everett. Tributaries; Boston, MA; Charleston Seventh Coast Guard District. Operation and contact information for Bridge; Mile 0.4; First Coast Guard —§ 117.261(qq) Atlantic Intracoastal the bridges remains the same and this District. Waterway from St. Mary’s River to action will not affect waterway and land —§ 117.609(b) Mystic River; Somerville, Key Largo; Key Largo, FL; Jewfish traffic. MA; Wellington Bridge; Mile 2.5; First Creek; Mile 1134; Seventh Coast Coast Guard District. Guard District. V. Regulatory Analyses —§ 117.613 North River; Norwell, MA; —§ 117.287(i) Gulf Intracoastal We developed this rule after Plymouth County (Bridge Street) Waterway; Clearwater, FL; Belleair considering numerous statutes and Bridge; Mile 4.0; First Coast Guard Beach Drawbridge; Mile 131.8; Executive Orders related to rulemaking. District. Seventh Coast Guard District. Below we summarize our analyses —§ 117.738 Overpeck Creek; Ridgefield —§ 117.309 Nassau Sound; Between based on a number of these statutes and Park; Conrail and the New York, Amelia Island and Talbot Island, FL; Executive Orders. Susquehanna and Western Railroad Fernandina Port Authority (SR–A–1– A. Regulatory Planning and Review Bridges; Mile 0.0; First Coast Guard A) Bridge; Mile 0.4; Seventh Coast District. Guard District. Executive Orders 12866 and 13563 The following bridges are no longer —§ 117.317(j) Okeechobee Waterway; direct agencies to assess the costs and functional drawbridges. These bridges Punta Rassa, FL; Sanibel Causeway benefits of available regulatory have either had their operable drawspan Bridge; Mile 151; Seventh Coast alternatives and, if regulation is removed or the bridge was removed in Guard District. necessary, to select regulatory whole from the waterway: —§ 117.483 Ouachita River; approaches that maximize net benefits. —§ 117.125(d) Black River; Pocahontas, Harrisonburg, LA; S8 Bridge; Mile Executive Order 13771 directs agencies AR; Burlington Northern RR Bridge; 57.5; Eight Coast Guard District. to control regulatory costs through a Mile 90.4; Eighth Coast Guard —§ 117.529 Narraguagus River; budgeting process. This rule has not District. Millbridge, ME; Highway Bridge; Mile been designated a ‘‘significant —§ 117.127 Current River; Biggers, AR; 1.8; First Coast Guard District. regulatory action,’’ under Executive Burlington Northern RR Bridge; Mile —§ 117.739(n)(1) Passaic River; Order 12866. Accordingly, it has not 12.2; Eighth Coast Guard District. Wallington, NJ; Gregory Avenue been reviewed by the Office of —§ 117.272 Boot Key Harbor; Between Bridge; Mile 14; First Coast Guard Management and Budget (OMB) and Marathon and Boot Key, FL; Boot Key District. pursuant to OMB guidance it is exempt Harbor Drawbridge; Mile 0.13; —§ 117.779 Eastchester Bay (Arm of); from the requirements of Executive Seventh Coast Guard District. Between Rodman Neck and City Order 13771. See OMB’s Memorandum —§ 117.531(c)(2) Piscataqua River; Island, NY; Highway Bridge; Mile 2.2; ‘‘Guidance Implementing Executive Portsmouth, ME; Sarah M. Long First Coast Guard District. Order 13771, Titled ‘Reducing (Route 1 Bypass) Secondary —§ 117.805 Peekskill (Annsville) Creek; Regulation and Controlling Regulatory Recreation Draw; Mile 2.5; First Coast Peekskill, NY; Conrail Bridge; Mile 0; Costs’’’ (April 5, 2017). DHS considers Guard District. First Coast Guard District. this final rule to be a deregulatory —§ 117.599 Fort Point Channel; Boston, —§ 117.1059(d) Snohomish River, action. MA; Northern Avenue Bridge; Mile Steamboat Slough, and Ebey Bay; As previously explained the above 33 0.1; First Coast Guard District. Everett, WA; SR 2 Highway Bridges; listed bridges, have either been removed

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from the waterway or converted/ D. Federalism and Indian Tribal For the reasons discussed in the replaced to or by a fixed bridge. The Government preamble, the Coast Guard amends 33 removal of their operating schedules A rule has implications for federalism CFR part 117 as follows: from 33 CFR 117 Subpart B will have no under Executive Order 13132, PART 117—DRAWBRIDGE effect on the movement of waterway or Federalism, if it has a substantial direct OPERATION REGULATIONS land traffic, but will serve to remove an effect on the States, on the relationship outdated and obsolete provision from between the national government and ■ 1. The authority citation for part 117 the CFR. the States, or on the distribution of continues to read as follows: power and responsibilities among the B. Impact on Small Entities various levels of government. We have Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation The Regulatory Flexibility Act of 1980 analyzed this rule under that Order and have determined that it is consistent No. 0170.1. (RFA), 5 U.S.C. 601–612, as amended, ■ 2. Revise § 117.125 to read as follows: requires federal agencies to consider the with the fundamental federalism potential impact of regulations on small principles and preemption requirements § 117.125 Black River. entities during rulemaking. The term described in Executive Order 13132. Also, this rule does not have tribal The Union Pacific Railroad Bridge, ‘‘small entities’’ comprises small implications under Executive Order mile 3.4 at Paoquet need not open for businesses, not-for-profit organizations 13175, Consultation and Coordination the passage of vessels. that are independently owned and with Indian Tribal Governments, § 117.127 [Removed] operated and are not dominant in their because it does not have a substantial ■ fields, and governmental jurisdictions direct effect on one or more Indian 3. Remove § 117.127. ■ with populations of less than 50,000. tribes, on the relationship between the 4. Revise paragraph (a) in § 117.139 to The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes, read as follows: 605(b) that this rule will not have a or on the distribution of power and § 117.139 White River. significant economic impact on a responsibilities between the Federal (a) The draws of the St. Louis substantial number of small entities. Government and Indian tribes. Southwestern railroad bridge, mile 98.9 For the reasons stated in section IV.A E. Unfunded Mandates Reform Act at Clarendon, the Missouri Pacific above this final rule would not have a The Unfunded Mandates Reform Act railroad bridge, mile 196.3 at Augusta significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires and the Missouri Pacific railroad bridge, vessel owner or operator. Federal agencies to assess the effects of mile 254.8 at Newport, shall open on Under section 213(a) of the Small their discretionary regulatory actions. In signal if at least eight hours notice is Business Regulatory Enforcement particular, the Act addresses actions given. The draws of any of these bridges Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a need not be opened for a vessel that we want to assist small entities in State, local, or tribal government, in the arrives later than two hours after the understanding this rule. If the rule aggregate, or by the private sector of time specified in the notice, unless a would affect your small business, $100,000,000 (adjusted for inflation) or second notice of at least eight hours is organization, or governmental more in any one year. Though this rule given. jurisdiction and you have questions will not result in such expenditure, we * * * * * do discuss the effects of this rule concerning its provisions or options for § 117.261 [Amended] compliance, please contact the person elsewhere in this preamble. ■ listed in the FOR FURTHER INFORMATION 5. Amend § 117.261 by removing and F. Environment reserving paragraphs (b) and (qq). CONTACT, above. We have analyzed this rule under Small businesses may send comments Department of Homeland Security § 117.272 [Removed] on the actions of Federal employees Management Directive 023–01 and ■ 6. Remove § 117.272. who enforce, or otherwise determine Commandant Instruction M16475.lD, § 117.287 [Amended] compliance with, Federal regulations to which guides the Coast Guard in the Small Business and Agriculture complying with the National ■ 7. Amend § 117.287 by removing Regulatory Enforcement Ombudsman Environmental Policy Act of 1969 paragraph (i). and the Regional Small Business (NEPA) (42 U.S.C. 4321–4370f), and § 117.309 [Removed] Regulatory Fairness Boards. The have made a determination that this ■ 8. Remove § 117.309. Ombudsman evaluates these actions action is one of a category of actions annually and rates each agency’s which do not individually or § 117.317 [Amended] responsiveness to small business. If you cumulatively have a significant effect on ■ 9. Amend § 117.317 by removing wish to comment on actions by the human environment. This rule paragraph (j) and redesignating employees of the Coast Guard, call simply promulgates the operating paragraph (k) as paragraph (j). 1–888–REG–FAIR (1–888–734–3247). regulations or procedures for The Coast Guard will not retaliate drawbridges. This action is categorically § 117.483 [Removed] against small entities that question or excluded from further review, under ■ 10. Remove § 117.483. complain about this rule or any policy figure 2–1, paragraph (32)(e), of the § 117.521 [Removed] or action of the Coast Guard. Instruction. A preliminary Record of ■ 11. Remove § 117.521. C. Collection of Information Environmental Consideration and a Memorandum for the Record are not § 117.527 [Removed] This rule calls for no new collection required for this rule. ■ 12. Remove § 117.527. of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– List of Subjects in 33 CFR Part 117 § 117.529 [Removed] 3520). Bridges. ■ 13. Remove § 117.529.

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§ 117.531 [Amended] River, mile 3.6, at Everett shall open on ADDRESSES: To view documents ■ 14. Amend § 117.531 by removing and signal if notice is provided at least one mentioned in this preamble as being reserving paragraph (c)(2). hour in advance. Notice for openings available in the docket, go to http:// shall be given by marine radio, www.regulations.gov, type USCG–2018– § 117.591 [Amended] telephone or other means to the 0467 in the ‘‘SEARCH’’ box and click ■ 15. Amend § 117.591 by removing drawtender at the twin, SR 529, ‘‘SEARCH.’’ Click on Open Docket paragraph (b) and redesignating Highway Bridges across the Snohomish Folder on the line associated with this paragraphs (c) through (f) as paragraphs River, mile 3.6. One signal opens both rule. (b) through (e). draws. During freshets, a drawtender FOR FURTHER INFORMATION CONTACT: If shall be in constant attendance, and the § 117.599 [Removed] you have questions on this rule, call or draws shall open on signal when so email LT Ryan Junod, Chief of ■ 16. Remove § 117.599. ordered by the District Commander. Waterways Management, U.S. Coast § 117.601 [Removed] * * * * * Guard Marine Safety Unit Cleveland; ■ 17. Remove § 117.601. (f) The draws of the twin SR 529, telephone 216–937–0124, email highway bridges across Steamboat [email protected]. § 117.605 [Amended] Slough, miles 1.1 and 1.2, near SUPPLEMENTARY INFORMATION: ■ 18. Amend § 117.605 by removing Marysville, shall open on signal if paragraph (b) and redesignating notice is provided at least four hours in I. Table of Abbreviations paragraph (c) as paragraph (b). advance. Notice for openings shall be CFR Code of Federal Regulations ■ 19. Revise § 117.609 to read as given by marine radio or telephone to DHS Department of Homeland Security follows: the drawtender at the twin, SR 529, FR Federal Register Highway Bridges across the Snohomish NPRM Notice of proposed rulemaking § 117.609 Mystic River. River, mile 3.6. One signal opens both § Section The draw of the S99 Alford Street draws. During freshets, a drawtender U.S.C. United States Code Bridge, mile 1.4, shall open on signal; shall be in constant attendance, and the II. Background Information and except that, Monday through Saturday, draws shall open on signal when so Regulatory History excluding holidays, the draw need not ordered by the District Commander. open for the passage of vessel traffic The Coast Guard is issuing this from 7:45 a.m. to 9 a.m., 9:10 a.m. to 10 Brian L. Dunn, temporary rule without prior notice and a.m., and 5 p.m. to 6 p.m., daily. From Chief, Bridge Program, Coast Guard opportunity to comment pursuant to November 1 through March 31, between Headquarters. authority under section 4(a) of the 3 p.m. and 7 a.m., at least an eight-hour [FR Doc. 2018–13760 Filed 6–26–18; 8:45 am] Administrative Procedure Act (APA) (5 advance notice is required for bridge BILLING CODE 9110–04–P U.S.C. 553(b)). This provision openings by calling the number posted authorizes an agency to issue a rule at the bridge. without prior notice and opportunity to DEPARTMENT OF HOMELAND comment when the agency for good § 117.613 [Removed] SECURITY cause finds that those procedures are ■ 20. Remove § 117.613. ‘‘impracticable, unnecessary, or contrary Coast Guard to the public interest.’’ Under 5 U.S.C. § 117.738 [Removed] 553(b)(B), the Coast Guard finds that ■ 21. Remove § 117.738. 33 CFR Part 165 good cause exists for not publishing a ■ 22. Revise paragraph (n) in § 117.739 [Docket Number USCG–2018–0467] notice of proposed rulemaking (NPRM) to read as follows: with respect to this rule because the RIN 1625–AA00 § 117.739 Passaic River. event sponsor did not submit notice to Safety Zone; Lakewood Independence the Coast Guard with sufficient time * * * * * remaining before the event to publish an (n) West Eighth Street Bridge, mile Day Fireworks; Lake Erie, Lakewood, OH NPRM. Delaying the effective date 15.3, at Garfield need not open for the would be contrary to the rule’s passage of vessels. AGENCY: Coast Guard, DHS. objectives of enhancing safety of life on * * * * * ACTION: Temporary final rule. the navigable waters and protection of persons and vessels in the vicinity of § 117.779 [Removed] SUMMARY: The Coast Guard is ■ the fireworks display. 23. Remove § 117.779. establishing a temporary safety zone for Under 5 U.S.C. 553(d)(3), the Coast navigable waters within a 420-foot § 117.805 [Removed] Guard finds that good cause exists for radius of the launch site at Lakewood making this rule effective less than 30 ■ 24. Remove § 117.805. Park, Lakewood, OH. This safety zone is ■ days after publication in the Federal 25. In § 117.1059: intended to restrict vessels from ■ Register. Delaying the effective date a. Revise paragraph (c). portions of Lake Erie during the ■ would be contrary to the rule’s b. Remove paragraphs (d) and (h). Lakewood Independence Day fireworks ■ c. Redesignate paragraphs (e), (f) and objectives of enhancing safety of life on display. This temporary safety zone is (g) as (d), (e) and (f). the navigable waters and protection of necessary to protect mariners and ■ d. Revise newly redesignated persons and vessels in vicinity of the vessels from the navigational hazards paragraph (f). fireworks display. associated with a fireworks display. The revisions read as follows: Entry of vessels or persons into this III. Legal Authority and Need for Rule § 117.1059 Snohomish River, Steamboat zone is prohibited unless specifically The Coast Guard is issuing this rule Slough, and Ebey Slough. authorized by the Captain of the Port under authority in 33 U.S.C. 1231. The * * * * * Sector Buffalo. Captain of the Port Buffalo (COTP) has (c) The draws of the twin, SR 529, DATES: This rule is effective from 9:45 determined that a fireworks display highway bridges across the Snohomish p.m. until 10:45 p.m. on July 4, 2018. presents significant risks to the public

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safety and property. Such hazards may still transit through the safety zone effect on the States, on the relationship include premature and accidental when permitted by the Captain of the between the national government and detonations, dangerous projectiles, and Port. the States, or on the distribution of falling or burning debris. This rule is power and responsibilities among the B. Impact on Small Entities needed to protect personnel, vessels, various levels of government. We have and the marine environment in the The Regulatory Flexibility Act of analyzed this rule under that Order and navigable waters within the safety zone 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent while the fireworks display takes place. requires Federal agencies to consider with the fundamental federalism the potential impact of regulations on principles and preemption requirements IV. Discussion of the Rule small entities during rulemaking. The described in Executive Order 13132. This rule establishes a safety zone on term ‘‘small entities’’ comprises small Also, this rule does not have tribal July 4, 2018, from 9:45 p.m. until 10:45 businesses, not-for-profit organizations implications under Executive Order p.m. The safety zone will encompass all that are independently owned and 13175, Consultation and Coordination waters of Lake Erie; Lakewood, OH operated and are not dominant in their with Indian Tribal Governments, contained within 420-foot radius of: fields, and governmental jurisdictions because it does not have a substantial 41°29′50″ N, 081°47′52″ W. with populations of less than 50,000. direct effect on one or more Indian Entry into, transiting, or anchoring The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the within the safety zone is prohibited 605(b) that this rule will not have a Federal Government and Indian tribes, unless authorized by the Captain of the significant economic impact on a or on the distribution of power and Port Buffalo or his designated on-scene substantial number of small entities. responsibilities between the Federal representative. The Captain of the Port While some owners or operators of Government and Indian tribes. If you or his designated on-scene vessels intending to transit the safety believe this rule has implications for representative may be contacted via zone may be small entities, for the federalism or Indian tribes, please VHF Channel 16. reasons stated in section V.A above, this contact the person listed in the FOR V. Regulatory Analyses rule will not have a significant FURTHER INFORMATION CONTACT section economic impact on any vessel owner above. We developed this rule after or operator. considering numerous statutes and Under section 213(a) of the Small E. Unfunded Mandates Reform Act Executive orders related to rulemaking. Business Regulatory Enforcement The Unfunded Mandates Reform Act Below we summarize our analyses Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires based on a number of these statutes and we want to assist small entities in Federal agencies to assess the effects of Executive orders, and we discuss First understanding this rule. If the rule their discretionary regulatory actions. In Amendment rights of protestors. would affect your small business, particular, the Act addresses actions A. Regulatory Planning and Review organization, or governmental that may result in the expenditure by a jurisdiction and you have questions State, local, or tribal government, in the Executive Orders 12866 and 13563 concerning its provisions or options for aggregate, or by the private sector of direct agencies to assess the costs and compliance, please contact the person $100,000,000 (adjusted for inflation) or benefits of available regulatory listed in the FOR FURTHER INFORMATION more in any one year. Though this rule alternatives and, if regulation is CONTACT section. will not result in such an expenditure, necessary, to select regulatory Small businesses may send comments we do discuss the effects of this rule approaches that maximize net benefits. on the actions of Federal employees elsewhere in this preamble. Executive Order 13771 directs agencies who enforce, or otherwise determine F. Environment to control regulatory costs through a compliance with, Federal regulations to budgeting process. This rule has not the Small Business and Agriculture We have analyzed this rule under been designated a ‘‘significant Regulatory Enforcement Ombudsman Department of Homeland Security regulatory action,’’ under Executive and the Regional Small Business Directive 023–01 and Commandant Order 12866. Accordingly, this rule has Regulatory Fairness Boards. The Instruction M16475.1D, which guide the not been reviewed by the Office of Ombudsman evaluates these actions Coast Guard in complying with the Management and Budget (OMB), and annually and rates each agency’s National Environmental Policy Act of pursuant to OMB guidance it is exempt responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have from the requirements of Executive wish to comment on actions by determined that this action is one of a Order 13771. employees of the Coast Guard, call 1– category of actions that do not This regulatory action determination 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a is based on the conclusion that this rule Coast Guard will not retaliate against significant effect on the human is not a significant regulatory action. We small entities that question or complain environment. This rule establishes a anticipate that it will have minimal about this rule or any policy or action temporary safety zone. It is categorically impact on the economy, will not of the Coast Guard. excluded from further review under interfere with other agencies, will not paragraph L60(a) of Appendix A, Table adversely alter the budget of any grant C. Collection of Information 1 of DHS Instruction Manual 023–01– or loan recipients, and will not raise any This rule will not call for a new 001–01, Rev. 01. A Record of novel legal or policy issues. The safety collection of information under the Environmental Consideration zone created by this rule will be Paperwork Reduction Act of 1995 (44 supporting this determination is relatively small and enforced for a U.S.C. 3501–3520). available in the docket where indicated relatively short time. Also, the safety under ADDRESSES. zone has been designed to allow vessels D. Federalism and Indian Tribal to transit around it. Thus, restrictions on Governments G. Protest Activities vessel movement within that particular A rule has implications for federalism The Coast Guard respects the First area are expected to be minimal. Under under Executive Order 13132, Amendment rights of protesters. certain conditions, moreover, vessels Federalism, if it has a substantial direct Protesters are asked to contact the

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person listed in the FOR FURTHER of the Port Buffalo, or his on-scene NPS National Park Service INFORMATION CONTACT section to representative. II. Background Information and coordinate protest activities so that your Dated: June 21, 2018. Regulatory History message can be received without Joseph S. Dufresne, jeopardizing the safety or security of On November 27, 2002, the Coast Captain, U.S. Coast Guard, Captain of the people, places or vessels. Guard published a NPRM entitled, Port Buffalo. ‘‘Safety and Security Zones; New York List of Subjects in 33 CFR Part 165 [FR Doc. 2018–13747 Filed 6–26–18; 8:45 am] Marine Inspection and Captain of the Harbors, Marine safety, Navigation BILLING CODE 9110–04–P Port Zone’’ in the Federal Register (67 (water), Reporting and recordkeeping FR 70892). The NPRM proposed to requirements, Security measures, establish a permanent safety and DEPARTMENT OF HOMELAND Waterways. security zone encompassing all waters SECURITY For the reasons discussed in the within 150 yards of Liberty Island, Ellis Island, and the bridge between Liberty preamble, the Coast Guard amends 33 Coast Guard CFR part 165 as follows: State Park and Ellis Island. We received no comments on the proposed rule. No 33 CFR Part 165 PART 165—REGULATED NAVIGATION public hearing was requested and none AREAS AND LIMITED ACCESS AREAS [Docket Number USCG–2016–0799] was held. The current 150-yard permanent safety and security zone ■ 1. The authority citation for part 165 RIN 1625–AA87 around the bridge between Liberty State continues to read as follows: Park and Ellis Island became effective in Safety and Security Zones; New York January 2003 as enacted by a final rule Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Marine Inspection and Captain of the entitled, ‘‘Safety and Security Zones; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Port Zone Department of Homeland Security Delegation New York Marine Inspection Zone and No. 0170.1. AGENCY: Coast Guard, DHS. Captain of the Port Zone’’ published in ■ 2. Add § 165.T09–0467 to read as ACTION: Final rule. the Federal Register (68 FR 2886, follows: January 22, 2003). SUMMARY: The Coast Guard is modifying On May 6, 2008, the Coast Guard § 165.T09–0467 Safety Zone; Lakewood the safety and security zone published a NPRM entitled, ‘‘Safety and Independence Day Fireworks; Lake Erie, surrounding the bridge between Liberty Security Zones; New York Marine Lakewood, OH. State Park and Ellis Island in order to Inspection Zone and Captain of the (a) Location. This zone will increase navigational safety in New Port’’ in the Federal Register (73 FR encompass all U.S waterways within a York Harbor. This modification 24889). The NPRM proposed to modify 420-foot radius of the fireworks launch authorizes certain vessels to transit several aspects of the permanent safety site located at position 41°29′50″ N, underneath the bridge, reducing vessel and security zone regulations within the 081°47′52″ W, Lakewood, OH (NAD 83). congestion in the adjacent Anchorage New York Captain of the Port Zone. We (b) Enforcement period. This Channel. All other persons and vessels received 15 comments regarding the regulation is effective and will be continue to be prohibited from proposed rule. A public meeting was enforced from 9:45 p.m. until 10:45 p.m. accessing the zone unless authorized by requested to discuss the proposed on July 4, 2018. the Captain of the Port New York or a expansion of the Liberty and Ellis Island (c) Regulations. (1) In accordance with designated representative. safety and security zone to include all the general regulations in § 165.23 of waters within 400 yards of these two DATES: This rule is effective on June 27, this part, entry into, transiting, or islands and the bridge between Liberty 2018. anchoring within this safety zone is State Park and Ellis Island. On February prohibited unless authorized by the ADDRESSES: To view documents 12, 2009, the Coast Guard published a Captain of the Port Buffalo or his mentioned in this preamble as being final rule entitled, ‘‘Safety and Security designated on-scene representative. available in the docket, go to http:// Zones New York Marine Inspection (2) This safety zone is closed to all www.regulations.gov, type USCG–2016– Zone and Captain of the Port Zone’’ in vessel traffic, except as may be 0799 in the ‘‘SEARCH’’ box and click the Federal Register (74 FR 7184). permitted by the Captain of the Port ‘‘SEARCH.’’ Click on Open Docket However, based on the comments Buffalo or his designated on-scene Folder on the line associated with this received, the Coast Guard did not representative. rule. expand the Liberty and Ellis Island (3) The ‘‘on-scene representative’’ of FOR FURTHER INFORMATION CONTACT: If safety and security zone. As a result, a the Captain of the Port Buffalo is any you have questions on this rule, call or public meeting was unnecessary and the Coast Guard commissioned, warrant or email MST1 Kristina Pundt, Waterways zone remained 150 yards. petty officer who has been designated Management at U.S. Coast Guard Sector On November 3, 2016, the Coast by the Captain of the Port Buffalo to act New York, telephone 718–354–4352, Guard published an ANPRM entitled, on his behalf. email [email protected]. ‘‘Safety and Security Zones; New York (4) Vessel operators desiring to enter SUPPLEMENTARY INFORMATION: Marine Inspection and Captain of the or operate within the safety zone shall Port Zone’’ in the Federal Register (81 contact the Captain of the Port Buffalo I. Table of Abbreviations FR 76545). The ANPRM solicited public or his on-scene representative to obtain CFR Code of Federal Regulations comments on a potential rulemaking to permission to do so. The Captain of the DHS Department of Homeland Security modify the existing safety and security Port Buffalo or his on-scene FR Federal Register zone around the bridge between Liberty NPRM Notice of proposed rulemaking representative may be contacted via ANPRM Advance notice of proposed State Park and Ellis Island. In response VHF Channel 16. Vessel operators given rulemaking to public requests, the comment period permission to enter or operate in the § Section was reopened for an additional 60 day safety zone must comply with all U.S.C. United States Code period on February 14, 2017 (82 FR directions given to them by the Captain COTP Captain of the Port 10558). We received 125 comments

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regarding the advance notice of the bridge between Ellis Island and such access demands. Vessel congestion proposed rulemaking. Out of the 125 Liberty State Park, the vessel congestion in New York Harbor is greatest on comments received, 123 comments were in the adjacent Anchorage Channel will weekend days during the summer in support of modifying the existing be reduced. months. Limiting pre-approval to safety and security zone around the certain vessels transiting the zone on IV. Discussion of Comments, Changes, bridge between Liberty State Park and weekends during the peak summer and the Rule Ellis Island, almost all of which boating season, will help ensure emphasized improving navigation As noted above, we received 40 adequate security for Ellis and Liberty safety. The sole comment opposing comments on our NPRM published Islands and well as increase modification of the zone, provided by April 20, 2018. Of the 40 comments navigational safety. Mariners may the National Park Service, expressed received, 39 were in support of request COTP authorization to access security concerns regarding Ellis and modifying the existing safety and the zone on weekdays and throughout Liberty Islands due to their historical security zone to allow transit the year and each request will be symbolism. The singular neutral underneath the Ellis Island Bridge, evaluated on a case-by-case basis. comment received was unclear as to the stating navigational safety will improve. We received 11 comments requesting commenter’s view on the proposed The sole neutral comment addressed the an expansion of the time of day vessels safety and security zone modification. United States’ trade relations with are permitted to access the zone. The comment addressed the federal job China and is outside the purview of this Commenters requested vessels be hiring process and stated that all rulemaking. permitted to transit from sunrise to security zones should be eliminated, We received 25 comments sunset, one hour before sunrise and one both of which are outside the purview recommending the 16 foot vessel length hour after sunset, and 24 hour access to of this rulemaking. either be eliminated or increased. 10 the zone. Commenters noted that many In response to the comments received comments noted that many kayaks are human powered vessel trips are based on the above mentioned ANPRM, on greater than 16 feet in length, with some upon favorable tides, which do not April 20, 2018, the Coast Guard of these comments specifically noting necessary align with the times specified published a NPRM entitled, ‘‘Safety and that many sea kayaks are 18 feet or in the NRPM. The Coast Guard believes Security Zones; New York Marine longer. 4 comments discussed that many that security concerns warrant the need Inspection and Captain of the Port canoes or row gigs navigating this area to limit the duration of time that transit Zone’’ in the Federal Register (83 FR are longer than 16 feet, ranging between is permissible. Visibility is greatly 17513). The NPRM solicited public 25 to 35 feet. We received other reduced outside of the times specified comments on our proposed regulatory comments stating human powered in the NPRM. Where there is reduced action related to the safety and security vessels in New York Harbor can exceed visibility the security threat is enhanced zone modification. During the comment 45 feet. Based on these comments, we and necessitates limiting the pre- period that ended May 21, 2018, we are changing the regulatory text of the approved access of the zone during received 40 comments. NPRM to reflect that human powered daylight hours. Also, due to Coast Guard Under 5 U.S.C. 553(d)(1), the Coast vessels with a length equal to or less and NPS resource constraints, adequate Guard finds that an exception exists for than 25 feet may transit the zone. security is unable to be provided at all making this rule effective less than 30 Increasing the permissible length to times. The most congested time of day days after publication in the Federal equal to or less than 25 feet balances the in New York harbor is during the Register. This safety and security zone need for ensuring navigational safety daytime. Providing pre-approved COTP modification allows greater access to a and providing adequate security for access to the zone during the busiest previously restricted area. Although the Ellis and Liberty Islands. In addition, time of day allows the Coast Guard to current regulation allows vessels to mariners with human powered vessels balance the navigational safety concerns transit under the Ellis Island Bridge greater than 25 feet in length may faced by human powered vessel users with COTP permission, this request COTP permission to transit the with the security concerns of these modification grants standing COTP zone and these requests will be historical landmarks. approval for certain vessels to transit evaluated on a case-by-case basis. We received 3 comments underneath the bridge during specific We received 15 comments regarding recommending there be a way to contact time periods. Thus, this modification access to the safety and security zone the agencies through use of a VHF radio, lessens the regulatory burden on these during weekdays and throughout the in addition to the phone number vessels by allowing transit through the year. These comments noted that the contact. The Coast Guard is changing safety and security zone without congestion in the Anchorage Channel the regulatory text of the NPRM to add needing to seek prior COTP permission. poses a navigational safety concern to VHF Channel 13 as an additional As this rule relieves a restriction, the human powered vessels regardless of notification method. Coast Guard finds that delaying the the day of the week or season of the Additional changes to the regulatory effective date of this rule is unnecessary. year. Commenters further stated that text between the NPRM and the Final many human powered vessel trips are Rule are incorporated below to improve III. Legal Authority and Need for Rule based upon favorable tides and weather. understanding of the modification The Coast Guard is issuing this rule Due to agency resource constraints, imposed by this rule. Based on the under authority in 33 U.S.C. 1231. The pre-approved access to the zone cannot comments addressing concerns with the COTP New York has determined that be extended to encompass all weekdays restriction on vessel length, weekday the vessel congestion in the Anchorage without compromising the required transit, and duration of time that transit Channel presents a hazard to mariners security posture necessary to protect is permissible, 33 CFR 165.169(b) within New York Harbor. The purpose these national symbols. Similarly, provides that any person or vessel may of this safety and security zone extending pre-approved access beyond request COTP authorization to access modification is to increase navigational the summer boating season poses an the zone throughout the year and each safety within New York Harbor. By unacceptable risk due to the lack of request will be evaluated on a case-by- permitting greater access for human sufficient resources to adequately case basis. The text in the NPRM powered vessels to transit underneath maintain the required security presence referred to the zone as a ‘‘security

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zone.’’ Per 33 CFR 165.169, it remains burden on these vessels by allowing C. Collection of Information both a safety and security zone. Both the transit through the security zone This rule will not call for a new preamble and the regulatory text now without needing to seek prior COTP collection of information under the reflect this fact. permission. Moreover, the Coast Guard Paperwork Reduction Act of 1995 (44 This rule modifies an existing safety will make the boating public aware of U.S.C. 3501–3520). and security zone. The modification this modification through publication in allows certain vessels to transit the Local Notice to Mariners, enhancing D. Federalism and Indian Tribal underneath the Ellis Island Bridge on public notice of the reduction of the Governments weekends and Federally Observed regulatory burden on certain vessels. A rule has implications for federalism Holidays on a Friday or Monday, under Executive Order 13132, beginning on Memorial Day Weekend B. Impact on Small Entities Federalism, if it has a substantial direct through October 1, between one hour effect on the States, on the relationship after sunrise and one hour before sunset. The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, between the national government and Vessels making this transit (a) must be the States, or on the distribution of requires Federal agencies to consider able to safely navigate underneath the power and responsibilities among the the potential impact of regulations on bridge, (b) be human powered vessels various levels of government. We have small entities during rulemaking. The with a length equal to or less than 25 analyzed this rule under that Order and feet and (c) meet the horizontal and term ‘‘small entities’’ comprises small have determined that it is consistent vertical navigational bridge clearances. businesses, not-for-profit organizations with the fundamental federalism This rule allows for pre-approved COTP that are independently owned and principles and preemption requirements permission to transit the zone when operated and are not dominant in their described in Executive Order13132. meeting the conditions listed in the fields, and governmental jurisdictions Also, this rule does not have tribal regulatory text. In accordance with 33 with populations of less than 50,000. implications under Executive Order CFR 165.169(b), any person or vessel The Coast Guard received no comments 13175, Consultation and Coordination may still request COTP permission to from the Small Business Administration with Indian Tribal Governments, access the Ellis Island Bridge security on this rulemaking. The Coast Guard because it does not have a substantial zone at any time and each request will certifies under 5 U.S.C. 605(b) that this direct effect on one or more Indian be considered on a case-by-case basis. rule will not have a significant tribes, on the relationship between the The modified regulatory text is at the economic impact on a substantial Federal Government and Indian tribes, end of this document. number of small entities. or on the distribution of power and V. Regulatory Analyses While some owners or operators of responsibilities between the Federal vessels intending to transit the security Government and Indian tribes. If you We developed this rule after believe this rule has implications for considering numerous statutes and zone may be small entities, for the reasons stated in section V.A. above, federalism or Indian tribes, please Executive orders related to rulemaking. FOR this rule will not have a significant contact the person listed in the Below we summarize our analyses FURTHER INFORMATION CONTACT section. based on a number of these statutes and economic impact on any vessel owner Executive orders, and we discuss First or operator. E. Unfunded Mandates Reform Act Amendment rights of protestors. Under section 213(a) of the Small The Unfunded Mandates Reform Act A. Regulatory Planning and Review Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of Executive Orders 12866 and 13563 we want to assist small entities in their discretionary regulatory actions. In direct agencies to assess the costs and understanding this rule. If the rule will particular, the Act addresses actions benefits of available regulatory affect your small business, organization, that may result in the expenditure by a alternatives and, if regulation is or governmental jurisdiction and you State, local, or tribal government, in the necessary, to select regulatory have questions concerning its aggregate, or by the private sector of approaches that maximize net benefits. provisions or options for compliance, $100,000,000 (adjusted for inflation) or Executive Order 13771 directs agencies please contact the person listed in the more in any one year. Though this rule to control regulatory costs through a FOR FURTHER INFORMATION CONTACT will not result in such an expenditure, budgeting process. This rule has not section. we do discuss the effects of this rule been designated a ‘‘significant elsewhere in this preamble. regulatory action,’’ under Executive Small businesses may send comments Order 12866. Accordingly, this rule has on the actions of Federal employees F. Environment not been reviewed by the Office of who enforce, or otherwise determine We have analyzed this rule under Management and Budget (OMB), and compliance with, Federal regulations to Department of Homeland Security pursuant to OMB guidance it is exempt the Small Business and Agriculture Directive 023–01 and Commandant from the requirements of Executive Regulatory Enforcement Ombudsman Instruction M16475.1D, which guide the Order 13771. and the Regional Small Business Coast Guard in complying with the This regulatory action determination Regulatory Fairness Boards. The National Environmental Policy Act of is based on the modification allowing Ombudsman evaluates these actions 1969(42 U.S.C. 4321–4370f), and have increased access to a previously annually and rates each agency’s determined that this action is one of a restricted area. While the current responsiveness to small business. If you category of actions that do not regulation allows vessels to transit wish to comment on actions by individually or cumulatively have a under the Ellis Island Bridge with COTP employees of the Coast Guard, call 1– significant effect on the human authorization, this modification grants 888–REG–FAIR (1–888–734–3247). The environment. This rule modifies a standing COTP approval for certain Coast Guard will not retaliate against security zone surrounding the bridge vessels to transit underneath the bridge small entities that question or complain between Liberty State Park and Ellis during specific time periods. Thus, this about this rule or any policy or action Island in order to permit greater vessel modification lessens the regulatory of the Coast Guard. access. It is categorically excluded from

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further review under paragraph L60(b) regarding intentions of passage prior to DATES: This rule is effective from 9:45 of Appendix A, Table 1 of DHS entering the safety and security zone p.m. until 10:45 p.m. on July 3, 2018. Instruction Manual 023–01–001–01, and transiting under the Ellis Island ADDRESSES: To view documents Rev. 01. A Record of Environmental Bridge. mentioned in this preamble as being Consideration supporting this (D) Route: Transits through the safety available in the docket, go to http:// determination is available in the docket and security zone and under the bridge www.regulations.gov, type USCG–2018– where indicated under ADDRESSES. shall occur only at the designated route 0595 in the ‘‘SEARCH’’ box and click marked with lights and signage. G. Protest Activities ‘‘SEARCH.’’ Click on Open Docket (E) Passage: Vessels transiting under Folder on the line associated with this The Coast Guard respects the First the Ellis Island Bridge shall make rule. Amendment rights of protesters. expeditious passage and not stop or FOR FURTHER INFORMATION CONTACT: If Protesters are asked to contact the loiter within the safety and security you have questions on this rule, call or person listed in the FOR FURTHER zone. email LT Michael Collet, Chief INFORMATION CONTACT section to (iii) Enforcement period. The safety Waterways Management Division, U.S. coordinate protest activities so that your and security zone described in this Coast Guard; telephone 716–843–9322, message can be received without subsection is effective at all times. email D09-SMB-SECBuffalo-WWM@ jeopardizing the safety or security of Although certain vessels have uscg.mil. people, places, or vessels. permission to enter the safety and security zone to transit under the Ellis SUPPLEMENTARY INFORMATION: List of Subjects in 33 CFR Part 165 Island Bridge subject to the conditions Harbors, Marine safety, Navigation outlined in paragraphs (a)(4)(ii)(A)–(E) I. Table of Abbreviations (water), Reporting and recordkeeping of this section, the safety and security CFR Code of Federal Regulations requirements, Security measures, zone is in effect permanently and can be DHS Department of Homeland Security Waterways. enforced at any time. When deemed FR Federal Register For the reasons discussed in the necessary the COTP may rescind the NPRM Notice of proposed rulemaking preamble, the Coast Guard amends 33 permission granted in paragraphs § Section U.S.C. United States Code CFR part 165 as follows: (a)(4)(ii)(A)–(E) of this section for any period of time. II. Background Information and PART 165—REGULATED NAVIGATION * * * * * Regulatory History AREAS AND LIMITED ACCESS AREAS. Dated: June 4, 2018. The Coast Guard is issuing this M. H. Day, temporary rule without prior notice and ■ 1. The authority citation for part 165 Captain, U.S. Coast Guard, Captain of the opportunity to comment pursuant to continues to read as follows: Port New York. authority under section 4(a) of the Administrative Procedure Act (APA) (5 Authority: 33 U.S.C. 1231; 50 U.S.C. 191; [FR Doc. 2018–13863 Filed 6–26–18; 8:45 am] U.S.C. 553(b)). This provision 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; BILLING CODE 9110–04–P Department of Homeland Security Delegation authorizes an agency to issue a rule No. 0170.1. without prior notice and opportunity to ■ 2. In § 165.169, revise paragraph (a)(4) DEPARTMENT OF HOMELAND comment when the agency for good to read as follows: SECURITY cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary § 165.169 Safety and Security Zones: New Coast Guard to the public interest.’’ Under 5 U.S.C. York Marine Inspection Zone and Captain of 553(b)(B), the Coast Guard finds that the Port Zone. 33 CFR Part 165 good cause exists for not publishing a notice of proposed rulemaking (NPRM) (a) * * * [Docket Number USCG–2018–0595] (4) Liberty and Ellis Islands—(i) with respect to this rule because the Location. All waters within 150 yards of RIN 1625–AA00 event sponsor did not submit notice to Liberty Island and Ellis Island, and the the Coast Guard with sufficient time Ellis Island Bridge. Safety Zone; Town of Hamburg July remaining before the event to publish an (ii) Ellis Island Bridge. In addition to 3rd Party, Lake Erie, Blasdell, NY NPRM. Delaying the effective date of any person or vessel authorized AGENCY: Coast Guard, DHS. this rule to wait for a comment period pursuant to paragraph (b) of this section, ACTION: Temporary final rule. to run would be impracticable and vessels may transit underneath the Ellis contrary to the public interest by Island Bridge subject to the following SUMMARY: The Coast Guard is inhibiting the Coast Guard’s ability to conditions: establishing a temporary safety zone for protect spectators and vessels form the (A) Dates/Times: On weekends only, navigable waters within a 420-foot hazards associated with a fireworks to include Federally Observed Holidays radius of the launch site located at display. on a Friday or Monday, from Memorial Woodlawn Beach, Lake Erie, Blasdell, Under 5 U.S.C. 553(d)(3), the Coast Day Weekend through October 1 each NY. This safety zone is intended to Guard finds that good cause exists for year, between one hour after sunrise and restrict vessels from portions of Lake making this rule effective less than 30 one hour before sunset. Erie during Town of Hamburg July 3rd days after publication in the Federal (B) Vessel types: Human powered Party. This temporary safety zone is Register because doing so would be vessels equal to or less than twenty five necessary to protect mariners and impracticable and contrary to the public feet. Human powered vessels must be vessels from the navigational hazards interest. Delaying the effective date able to safely navigate under the bridge. associated with a fireworks display. would be contrary to the rule’s (C) Notification: Human powered Entry of vessels or persons into this objectives of ensuring safety of life on vessels desiring to transit shall contact zone is prohibited unless specifically the navigable waters and protection of the United States Park Police Command authorized by the Captain of the Port persons and vessels in vicinity of the Center at 212–363–3260 or VHF CH 13 Buffalo. fireworks display.

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III. Legal Authority and Need for Rule relatively small and enforced for a Paperwork Reduction Act of 1995 (44 The Coast Guard is issuing this rule relatively short time. Also, the safety U.S.C. 3501–3520). zone has been designed to allow vessels under authority in 33 U.S.C. 1231. The D. Federalism and Indian Tribal to transit around it. Thus, restrictions on Captain of the Port Buffalo (COTP) has Governments determined that a fireworks display vessel movement within that particular A rule has implications for federalism presents significant risks to the public area are expected to be minimal. Under under Executive Order 13132, safety and property. Such hazards certain conditions, moreover, vessels Federalism, if it has a substantial direct include premature and accidental may still transit through the safety zone effect on the States, on the relationship detonations, dangerous projectiles, and when permitted by the Captain of the between the national government and falling or burning debris. This rule is Port. the States, or on the distribution of needed to protect personnel, vessels, B. Impact on Small Entities power and responsibilities among the and the marine environment in the various levels of government. We have navigable waters within the safety zone The Regulatory Flexibility Act of analyzed this rule under that Order and while the fireworks display takes place. 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider have determined that it is consistent IV. Discussion of the Rule the potential impact of regulations on with the fundamental federalism This rule establishes a safety zone on small entities during rulemaking. The principles and preemption requirements July 3, 2018, from 9:45 p.m. until 10:45 term ‘‘small entities’’ comprises small described in Executive Order 13132. p.m. The safety zone will encompass all businesses, not-for-profit organizations Also, this rule does not have tribal waters of the Woodlawn Beach; Lake that are independently owned and implications under Executive Order Erie, Blasdell, NY contained within 420- operated and are not dominant in their 13175, Consultation and Coordination foot radius of: 42°47′27.34″ N, fields, and governmental jurisdictions with Indian Tribal Governments, 078°51′19.67″ W. with populations of less than 50,000. because it does not have a substantial Entry into, transiting, or anchoring The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian within the safety zone is prohibited 605(b) that this rule will not have a tribes, on the relationship between the unless authorized by the Captain of the significant economic impact on a Federal Government and Indian tribes, Port Buffalo or his designated on-scene substantial number of small entities. or on the distribution of power and responsibilities between the Federal representative. The Captain of the Port While some owners or operators of Government and Indian tribes. If you or his designated on-scene vessels intending to transit the safety believe this rule has implications for representative may be contacted via zone may be small entities, for the federalism or Indian tribes, please VHF Channel 16. reasons stated in section V.A above, this contact the person listed in the FOR rule will not have a significant V. Regulatory Analyses FURTHER INFORMATION CONTACT section economic impact on any vessel owner We developed this rule after above. or operator. considering numerous statutes and E. Unfunded Mandates Reform Act Executive orders related to rulemaking. Under section 213(a) of the Small Below we summarize our analyses Business Regulatory Enforcement The Unfunded Mandates Reform Act based on a number of these statutes and Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires Executive orders, and we discuss First we want to assist small entities in Federal agencies to assess the effects of Amendment rights of protestors. understanding this rule. If the rule their discretionary regulatory actions. In would affect your small business, particular, the Act addresses actions A. Regulatory Planning and Review organization, or governmental that may result in the expenditure by a Executive Orders 12866 and 13563 jurisdiction and you have questions State, local, or tribal government, in the direct agencies to assess the costs and concerning its provisions or options for aggregate, or by the private sector of benefits of available regulatory compliance, please contact the person $100,000,000 (adjusted for inflation) or alternatives and, if regulation is listed in the FOR FURTHER INFORMATION more in any one year. Though this rule necessary, to select regulatory CONTACT section. will not result in such an expenditure, approaches that maximize net benefits. Small businesses may send comments we do discuss the effects of this rule Executive Order 13771 directs agencies on the actions of Federal employees elsewhere in this preamble. to control regulatory costs through a who enforce, or otherwise determine budgeting process. This rule has not compliance with, Federal regulations to F. Environment been designated a ‘‘significant the Small Business and Agriculture We have analyzed this rule under regulatory action,’’ under Executive Regulatory Enforcement Ombudsman Department of Homeland Security Order 12866. Accordingly, this rule has and the Regional Small Business Directive 023–01 and Commandant not been reviewed by the Office of Regulatory Fairness Boards. The Instruction M16475.1D, which guide the Management and Budget (OMB), and Ombudsman evaluates these actions Coast Guard in complying with the pursuant to OMB guidance it is exempt annually and rates each agency’s National Environmental Policy Act of from the requirements of Executive responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have Order 13771. wish to comment on actions by determined that this action is one of a This regulatory action determination employees of the Coast Guard, call 1– category of actions that do not is based on the conclusion that this rule 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a is not a significant regulatory action. We Coast Guard will not retaliate against significant effect on the human anticipate that it will have minimal small entities that question or complain environment. This rule establishes a impact on the economy, will not about this rule or any policy or action temporary safety zone. It is categorically interfere with other agencies, will not of the Coast Guard. excluded from further review under adversely alter the budget of any grant paragraph L60(a) of Appendix A, Table C. Collection of Information or loan recipients, and will not raise any 1 of DHS Instruction Manual 023–01– novel legal or policy issues. The safety This rule will not call for a new 001–01, Rev. 01. A Record of zone created by this rule will be collection of information under the Environmental Consideration

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supporting this determination is permission to do so. The Captain of the I. Table of Abbreviations available in the docket where indicated Port Buffalo or his on-scene CFR Code of Federal Regulations under ADDRESSES. representative may be contacted via DHS Department of Homeland Security VHF Channel 16. Vessel operators given G. Protest Activities FR Federal Register permission to enter or operate in the NPRM Notice of proposed rulemaking The Coast Guard respects the First safety zone must comply with all § Section Amendment rights of protesters. directions given to them by the Captain U.S.C. United States Code Protesters are asked to contact the of the Port Buffalo, or his on-scene II. Background Information and person listed in the FOR FURTHER representative. Regulatory History INFORMATION CONTACT section to Dated: June 21, 2018. coordinate protest activities so that your The Coast Guard is issuing this message can be received without Joseph S. Dufresne, temporary rule without prior notice and jeopardizing the safety or security of Captain, U.S. Coast Guard, Captain of the opportunity to comment pursuant to people, places or vessels. Port Buffalo. authority under section 4(a) of the [FR Doc. 2018–13743 Filed 6–26–18; 8:45 am] Administrative Procedure Act (APA) (5 List of Subjects in 33 CFR Part 165 BILLING CODE 9110–04–P U.S.C. 553(b)). This provision Harbors, Marine safety, Navigation authorizes an agency to issue a rule (water), Reporting and recordkeeping without prior notice and opportunity to requirements, Security measures, DEPARTMENT OF HOMELAND comment when the agency for good Waterways. SECURITY cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary For the reasons discussed in the Coast Guard preamble, the Coast Guard amends 33 to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that CFR part 165 as follows: 33 CFR Part 165 good cause exists for not publishing a PART 165—REGULATED NAVIGATION [Docket Number USCG–2018–0617] notice of proposed rulemaking (NPRM) AREAS AND LIMITED ACCESS AREAS with respect to this rule because the RIN 1625–AA00 event sponsor did not submit notice to ■ 1. The authority citation for part 165 Safety Zone; Boaters Against Cancer the Coast Guard with sufficient time continues to read as follows: Fireworks Display; Lake Ontario, remaining before the event to publish an Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Kendall, NY NPRM. Delaying the effective date 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; would be contrary to the rule’s Department of Homeland Security Delegation AGENCY: Coast Guard, DHS. objectives of ensuring safety of life on No. 0170.1. ACTION: Temporary final rule. the navigable waters and protection of ■ 2. Add § 165.T09–0595 to read as persons and vessels in vicinity of the SUMMARY: The Coast Guard is follows: fireworks display. establishing a temporary safety zone for Under 5 U.S.C. 553(d)(3), the Coast § 165.T09–0595 Safety Zone; Town of navigable waters within a 210-foot Guard finds that good cause exists for Hamburg July 3rd Party, Lake Erie, Blasdell, radius of the launch site located at Bald making this rule effective less than 30 NY. Eagle Marina, Kendall, NY. This safety days after publication in the Federal (a) Location. The safety zone will zone is intended to restrict vessels from Register. Delaying the effective date encompass all waters of the Woodlawn portions of the Lake Ontario during would be contrary to the rule’s Beach; Lake Erie, Blasdell, NY Boaters Against Cancer fireworks objectives of ensuring safety of life on contained within a 420-foot radius of: display. This temporary safety zone is the navigable waters and protection of 42°47′27.34″ N, 078°51′19.67″ W. necessary to protect mariners and persons and vessels in vicinity of the (b) Enforcement period. This vessels from the navigational hazards fireworks display. regulation will be enforced from 9:45 associated with a fireworks display. p.m. until 10:45 p.m. on July 3, 2018. Entry of vessels or persons into this III. Legal Authority and Need for Rule (c) Regulations. (1) In accordance with zone is prohibited unless specifically The Coast Guard is issuing this rule the general regulations in § 165.23 of authorized by the Captain of the Port under authority in 33 U.S.C. 1231. The this part, entry into, transiting, or Buffalo. Captain of the Port Buffalo (COTP) has anchoring within this safety zone is DATES: This rule is effective from 9:45 determined that a fireworks display prohibited unless authorized by the p.m. until 10:35 p.m. on June 30, 2018. presents significant risks to the public Captain of the Port Buffalo or his ADDRESSES: To view documents safety and property. Such hazards designated on-scene representative. mentioned in this preamble as being include premature and accidental (2) This safety zone is closed to all available in the docket, go to http:// detonations, dangerous projectiles, and vessel traffic, except as may be www.regulations.gov, type USCG–2018– falling or burning debris. This rule is permitted by the Captain of the Port 0617 in the ‘‘SEARCH’’ box and click needed to protect personnel, vessels, Buffalo or his designated on-scene ‘‘SEARCH.’’ Click on Open Docket and the marine environment in the representative. Folder on the line associated with this navigable waters within the safety zone (3) The ‘‘on-scene representative’’ of rule. while the fireworks display takes place. the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or FOR FURTHER INFORMATION CONTACT: If IV. Discussion of the Rule petty officer who has been designated you have questions on this rule, call or This rule establishes a safety zone on by the Captain of the Port Buffalo to act email LT Michael Collet, Chief June 30, 2018, from 9:45 p.m. until on his behalf. Waterways Management Division, U.S. 10:35 p.m. The safety zone will (4) Vessel operators desiring to enter Coast Guard; telephone 716–843–9322, encompass all waters of Lake Ontario; or operate within the safety zone must email D09-SMB-SECBuffalo-WWM@ Kendall, NY contained within 210-foot contact the Captain of the Port Buffalo uscg.mil. radius of: 43°22′02.04″ N, 078°01′48.06″ or his on-scene representative to obtain SUPPLEMENTARY INFORMATION: W.

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Entry into, transiting, or anchoring The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the within the safety zone is prohibited 605(b) that this rule will not have a Federal Government and Indian tribes, unless authorized by the Captain of the significant economic impact on a or on the distribution of power and Port Buffalo or his designated on-scene substantial number of small entities. responsibilities between the Federal representative. The Captain of the Port While some owners or operators of Government and Indian tribes. If you or his designated on-scene vessels intending to transit the safety believe this rule has implications for representative may be contacted via zone may be small entities, for the federalism or Indian tribes, please VHF Channel 16. reasons stated in section V.A above, this contact the person listed in the FOR rule will not have a significant V. Regulatory Analyses FURTHER INFORMATION CONTACT section economic impact on any vessel owner above. We developed this rule after or operator. considering numerous statutes and Under section 213(a) of the Small E. Unfunded Mandates Reform Act Executive orders related to rulemaking. Business Regulatory Enforcement The Unfunded Mandates Reform Act Below we summarize our analyses Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires based on a number of these statutes and we want to assist small entities in Federal agencies to assess the effects of Executive orders, and we discuss First understanding this rule. If the rule their discretionary regulatory actions. In Amendment rights of protestors. would affect your small business, particular, the Act addresses actions A. Regulatory Planning and Review organization, or governmental that may result in the expenditure by a jurisdiction and you have questions State, local, or tribal government, in the Executive Orders 12866 and 13563 concerning its provisions or options for aggregate, or by the private sector of direct agencies to assess the costs and compliance, please contact the person $100,000,000 (adjusted for inflation) or benefits of available regulatory listed in the FOR FURTHER INFORMATION more in any one year. Though this rule alternatives and, if regulation is CONTACT section. will not result in such an expenditure, necessary, to select regulatory Small businesses may send comments we do discuss the effects of this rule approaches that maximize net benefits. on the actions of Federal employees elsewhere in this preamble. Executive Order 13771 directs agencies who enforce, or otherwise determine to control regulatory costs through a compliance with, Federal regulations to F. Environment budgeting process. This rule has not the Small Business and Agriculture We have analyzed this rule under been designated a ‘‘significant Regulatory Enforcement Ombudsman Department of Homeland Security regulatory action,’’ under Executive and the Regional Small Business Directive 023–01 and Commandant Order 12866. Accordingly, this rule has Regulatory Fairness Boards. The Instruction M16475.1D, which guide the not been reviewed by the Office of Ombudsman evaluates these actions Coast Guard in complying with the Management and Budget (OMB), and annually and rates each agency’s National Environmental Policy Act of pursuant to OMB guidance it is exempt responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have from the requirements of Executive wish to comment on actions by determined that this action is one of a Order 13771. employees of the Coast Guard, call 1– category of actions that do not This regulatory action determination 888–REG–FAIR (1–888–734–3247). The is based on the conclusion that this rule individually or cumulatively have a Coast Guard will not retaliate against significant effect on the human is not a significant regulatory action. We small entities that question or complain anticipate that it will have minimal environment. This rule establishes a about this rule or any policy or action temporary safety zone. It is categorically impact on the economy, will not of the Coast Guard. interfere with other agencies, will not excluded from further review under adversely alter the budget of any grant C. Collection of Information paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01– or loan recipients, and will not raise any This rule will not call for a new 001–01, Rev. 01. A Record of novel legal or policy issues. The safety collection of information under the Environmental Consideration zone created by this rule will be Paperwork Reduction Act of 1995 (44 supporting this determination is relatively small and enforced for a U.S.C. 3501–3520). relatively short time. Also, the safety available in the docket where indicated zone has been designed to allow vessels D. Federalism and Indian Tribal under ADDRESSES. Governments to transit around it. Thus, restrictions on G. Protest Activities vessel movement within that particular A rule has implications for federalism The Coast Guard respects the First area are expected to be minimal. Under under Executive Order 13132, Amendment rights of protesters. certain conditions, moreover, vessels Federalism, if it has a substantial direct Protesters are asked to contact the may still transit through the safety zone effect on the States, on the relationship person listed in the FOR FURTHER when permitted by the Captain of the between the national government and INFORMATION CONTACT section to Port. the States, or on the distribution of power and responsibilities among the coordinate protest activities so that your B. Impact on Small Entities various levels of government. We have message can be received without The Regulatory Flexibility Act of analyzed this rule under that Order and jeopardizing the safety or security of 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent people, places or vessels. requires Federal agencies to consider with the fundamental federalism List of Subjects in 33 CFR Part 165 the potential impact of regulations on principles and preemption requirements small entities during rulemaking. The described in Executive Order 13132. Harbors, Marine safety, Navigation term ‘‘small entities’’ comprises small Also, this rule does not have tribal (water), Reporting and recordkeeping businesses, not-for-profit organizations implications under Executive Order requirements, Security measures, that are independently owned and 13175, Consultation and Coordination Waterways. operated and are not dominant in their with Indian Tribal Governments, For the reasons discussed in the fields, and governmental jurisdictions because it does not have a substantial preamble, the Coast Guard amends 33 with populations of less than 50,000. direct effect on one or more Indian CFR part 165 as follows:

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PART 165—REGULATED NAVIGATION ENVIRONMENTAL PROTECTION adequate provisions to prohibit AREAS AND LIMITED ACCESS AREAS AGENCY emissions that will contribute significantly to nonattainment or ■ 1. The authority citation for part 165 40 CFR Part 52 interfere with maintenance of the 2012 continues to read as follows: [EPA–R10–OAR–2017–0745; FRL–9980–00– PM2.5 NAAQS in any other state (83 FR Region 10] 19191). An explanation of the Clean Air Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Act requirements, a detailed analysis of 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Air Plan Approval; Alaska; Interstate the submission, and the EPA’s reasons Department of Homeland Security Delegation Transport Requirements for the 2012 for proposing approval were provided in No. 0170.1. PM2.5 NAAQS the notice of proposed rulemaking, and ■ will not be restated here. The public 2. Add § 165.T09–0617 to read as AGENCY: Environmental Protection follows: comment period for the proposal ended Agency (EPA). June 1, 2018. We received no adverse § 165.T09–0617 Safety Zone; Boaters ACTION: Final rule. comments.1 Against Cancer Fireworks Display; Lake Ontario, Kendall, NY. SUMMARY: The Clean Air Act requires II. Final Action each State Implementation Plan (SIP) to The EPA is approving Alaska’s March (a) Location. The safety zone will contain adequate provisions prohibiting 10, 2016, submission certifying that the encompass all waters of Lake Ontario; emissions that will have certain adverse current Alaska SIP is sufficient to meet Kendall, NY contained within a 210-foot air quality effects in other states. On the interstate transport requirements of ° ′ ″ ° ′ ″ radius of: 43 22 02.04 N, 078 01 48.06 March 10, 2016, the State of Alaska Clean Air Act section 110(a)(2)(D)(i)(I) W. made a submission to the for the 2012 PM2.5 NAAQS, as described (b) Enforcement period. This Environmental Protection Agency (EPA) in the proposal for this action. to address these requirements. The EPA regulation will be enforced from 9:45 III. Statutory and Executive Order p.m. until 10:35 p.m. on June 30, 2018. is approving the submission as meeting the requirement that each SIP contain Reviews (c) Regulations. (1) In accordance with adequate provisions to prohibit Under the Clean Air Act, the the general regulations in § 165.23 of emissions that will contribute Administrator is required to approve a this part, entry into, transiting, or significantly to nonattainment or SIP submission that complies with the anchoring within this safety zone is interfere with maintenance of the 2012 provisions of the Clean Air Act and prohibited unless authorized by the annual fine particulate matter (PM2.5) applicable federal regulations. 42 U.S.C. Captain of the Port Buffalo or his National Ambient Air Quality Standard 7410(k); 40 CFR 52.02(a). Thus, in designated on-scene representative. (NAAQS). reviewing SIP submissions, the EPA’s (2) This safety zone is closed to all DATES: This final rule is effective July role is to approve state choices, vessel traffic, except as may be 27, 2018. provided that they meet the criteria of permitted by the Captain of the Port ADDRESSES: The EPA has established a the Clean Air Act. Accordingly, this Buffalo or his designated on-scene docket for this action under Docket ID action merely approves state law as representative. No. EPA–R10–OAR–2017–0745. All meeting federal requirements and does documents in the docket are listed on not impose additional requirements (3) The ‘‘on-scene representative’’ of beyond those imposed by state law. For the Captain of the Port Buffalo is any the https://www.regulations.gov website. Although listed in the index, that reason, this action: Coast Guard commissioned, warrant or • some information is not publicly Is not a ‘‘significant regulatory petty officer who has been designated available, e.g., CBI or other information action’’ subject to review by the Office by the Captain of the Port Buffalo to act whose disclosure is restricted by statute. of Management and Budget under on his behalf. Certain other material, such as Executive Orders 12866 (58 FR 51735, (4) Vessel operators desiring to enter copyrighted material, is not placed on October 4, 1993) and 13563 (76 FR 3821, or operate within the safety zone must the internet and will be publicly January 21, 2011); • contact the Captain of the Port Buffalo available only in hard copy form. is not an Executive Order 13771 (82 or his on-scene representative to obtain Publicly available docket materials are FR 9339, February 2, 2017) regulatory permission to do so. The Captain of the available through https:// action because actions such as SIP Port Buffalo or his on-scene www.regulations.gov, or please contact approvals are exempted under Executive Order 12866; representative may be contacted via the person identified in the ‘‘For Further • does not impose an information VHF Channel 16. Vessel operators given Information Contact’’ section for additional availability information. collection burden under the provisions permission to enter or operate in the of the Paperwork Reduction Act (44 FOR FURTHER INFORMATION CONTACT: Jeff safety zone must comply with all U.S.C. 3501 et seq.); directions given to them by the Captain Hunt at (206) 553–0256, or hunt.jeff@ • is certified as not having a of the Port Buffalo, or his on-scene epa.gov. significant economic impact on a representative. SUPPLEMENTARY INFORMATION: substantial number of small entities under the Regulatory Flexibility Act (5 Dated: June 20, 2018. Table of Contents Joseph S. Dufresne, U.S.C. 601 et seq.); I. Background Information Captain, U.S. Coast Guard, Captain of the II. Final Action 1 We received two comments in support of our Port Buffalo. III. Statutory and Executive Order Reviews proposed approval. The first was submitted by the [FR Doc. 2018–13735 Filed 6–26–18; 8:45 am] Alaska Department of Environmental Conservation. I. Background Information BILLING CODE 9110–04–P The second was submitted anonymously. The On May 2, 2018, the EPA proposed to anonymous commenter suggested additional areas for EPA research, primarily regarding PM2.5 impacts approve Alaska’s submission as meeting on environmental justice communities, but was the requirement that each SIP contain overall supportive of our proposed approval.

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• does not contain any unfunded The Congressional Review Act, 5 List of Subjects in 40 CFR Part 52 mandate or significantly or uniquely U.S.C. 801 et seq., as added by the Small affect small governments, as described Business Regulatory Enforcement Environmental protection, Air in the Unfunded Mandates Reform Act Fairness Act of 1996, generally provides pollution control, Carbon monoxide, of 1995 (Pub. L. 104–4); that before a rule may take effect, the Incorporation by reference, • does not have Federalism agency promulgating the rule must Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate implications as specified in Executive submit a rule report, which includes a matter, Reporting and recordkeeping Order 13132 (64 FR 43255, August 10, copy of the rule, to each House of the requirements, Sulfur oxides, Volatile 1999); Congress and to the Comptroller General • is not an economically significant organic compounds. of the United States. The EPA will regulatory action based on health or submit a report containing this action Dated: June 14, 2018. safety risks subject to Executive Order Chris Hladick, 13045 (62 FR 19885, April 23, 1997); and other required information to the Regional Administrator, Region 10. • is not a significant regulatory action U.S. Senate, the U.S. House of subject to Executive Order 13211 (66 FR Representatives, and the Comptroller General of the United States prior to For the reasons set forth in the 28355, May 22, 2001); preamble, 40 CFR part 52 is amended as • publication of the rule in the Federal is not subject to requirements of follows: Section 12(d) of the National Register. A major rule cannot take effect Technology Transfer and Advancement until 60 days after it is published in the PART 52—APPROVAL AND Act of 1995 (15 U.S.C. 272 note) because Federal Register. This action is not a PROMULGATION OF this action does not involve technical ‘‘major rule’’ as defined by 5 U.S.C. IMPLEMENTATION PLANS standards; and 804(2). • does not provide the EPA with the Under section 307(b)(1) of the Clean ■ 1. The authority citation for part 52 discretionary authority to address, as Air Act, petitions for judicial review of continues to read as follows: appropriate, disproportionate human this action must be filed in the United health or environmental effects, using Authority: 42 U.S.C. 7401 et seq. States Court of Appeals for the practicable and legally permissible Subpart C—Alaska methods, under Executive Order 12898 appropriate circuit by August 27, 2018. (59 FR 7629, February 16, 1994). Filing a petition for reconsideration by The SIP is not approved to apply on the Administrator of this final rule does ■ 2. In § 52.70, amend the table in any Indian reservation land and is also not affect the finality of this action for paragraph (e) by adding the entry not approved to apply in any other area the purposes of judicial review nor does ‘‘Interstate Transport Requirements– where the EPA or an Indian tribe has it extend the time within which a 2012 PM2.5 NAAQS’’ after the entry demonstrated that a tribe has petition for judicial review may be filed, ‘‘Infrastructure Requirements—2010 jurisdiction. In those areas of Indian and shall not postpone the effectiveness SO2 NAAQS’’ to read as follows: of such rule or action. This action may country, the rule does not have tribal § 52.70 Identification of plan. implications as specified by Executive not be challenged later in proceedings to Order 13175 (65 FR 67249, November 9, enforce its requirements (See section * * * * * 2000). 307(b)(2)). (e) * * *

EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Applicable State Name of SIP provision geographic or submittal EPA approval date Explanations nonattainment area date

*******

Infrastructure and Interstate Transport

******* Interstate Transport Re- Statewide ...... 3/10/2016 6/27/2018, [Insert Fed- Approves SIP for purposes of CAA section quirements—2012 eral Register citation]. 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS. PM2.5 NAAQS.

Regulations Approved but not Incorporated by Reference

*******

[FR Doc. 2018–13721 Filed 6–26–18; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION II. Public Comments and EPA Responses exploration and development of the AGENCY III. EPA Action OCS, and that they are applicable to IV. Incorporation by Reference OCS sources. 40 CFR 55.1. The EPA has 40 CFR Part 55 V. Statutory and Executive Order Reviews also evaluated the rules to ensure they [EPA–R02–OAR–2017–0723; FRL–9977– I. Proposed Action are not arbitrary and capricious. 40 CFR 64—Region 2] On February 13, 2018 (83 FR 6136), 55.12(e). The EPA has excluded New Jersey’s administrative or procedural EPA proposed to incorporate 2 Outer Continental Shelf Air requirements into the OCS Air rules, and requirements that regulate Regulations Update To Include New Regulations at 40 CFR part 55 1 toxics which are not related to the Jersey State Requirements pertaining to the State of New Jersey. attainment and maintenance of Federal and State AAQS. AGENCY: Environmental Protection Section 328(a) of the CAA requires that Agency (EPA). for such sources located within 25 miles To comply with the statutory mandate of Section 328(a) of the CAA, the EPA ACTION: Final rule. of a State’s seaward boundary, the requirements shall be the same as would must incorporate by reference SUMMARY: The Environmental Protection be applicable if the sources were located applicable rules in effect for onshore Agency (EPA) is finalizing the update of in the corresponding onshore area sources into part 55. This limits EPA’s the Outer Continental Shelf (OCS) Air (COA). Because the OCS requirements flexibility in deciding which Regulations proposed in the Federal are based on onshore requirements, and requirements will be incorporated into Register on February 13, 2018. onshore requirements may change, 40 CFR part 55 and prevents EPA from Requirements applying to OCS sources section 328(a)(1) requires that the EPA making substantive changes to the located within 25 miles of states’ update the OCS requirements as requirements it incorporates. As a seaward boundaries must be updated necessary to maintain consistency with result, EPA may be incorporating rules periodically to remain consistent with onshore requirements. into 40 CFR part 55 that do not conform the requirements for the corresponding To comply with the statutory mandate to all of EPA’s state implementation onshore area (COA), which is typically of Section 328(a)(1) of the CAA, the EPA plan (SIP) guidance or certain the state geographically closest to the must incorporate by reference all requirements of the CAA. Inclusion in OCS source. The portion of the OCS air relevant state rules into part 55 so they the OCS rule does not imply that a rule regulations that is being updated can be applied to OCS sources located meets the requirements of the CAA for pertains to the requirements for OCS offshore. 40 CFR 55.12 specifies certain SIP approval, nor does it imply that the sources for which the State of New times at which part 55’s incorporation rule will be approved by EPA for Jersey is the COA. The intended effect by reference of a state’s rules must be inclusion in the SIP. of approving the updated OCS updated. One such time a consistency II. Public Comments and EPA requirements for the State of New Jersey update must occur is when any OCS Responses is to regulate emissions from OCS source applicant submits a Notice of sources in accordance with the Intent (NOI) under 40 CFR 55.4 for a EPA’s proposed action provided a 30- requirements onshore. The requirements new or a modified OCS source. 40 CFR day public comment period, which discussed below are incorporated by 55.4(a) requires that any OCS source closed on March 15, 2018. During this reference into the Code of Federal applicant must submit to EPA a NOI period, we received 12 public Regulations and are listed in the before performing any physical change comments. None of the comments are appendix to the OCS air regulations. or change in method of operation that relevant to today’s action, which simply DATES: Effective Date: This rule is results in an increase in emissions. EPA incorporates by reference current New effective on July 27, 2018. must conduct any necessary consistency Jersey air pollution control rules into The incorporation by reference of update when it receives an NOI, and the OCS regulations applicable to all certain publications listed in this rule is prior to receiving any application for a OCS sources and makes no findings approved by the Director of the Federal preconstruction permit from the OCS regarding any specific OCS source. Register as of July 27, 2018. source applicant. 40 CFR 55.6(b)(2) and Thus, no EPA response to public ADDRESSES: EPA has established a 55.12(f). comments is warranted. On December 21, 2017, the EPA docket for this action under Docket ID received a NOI for a new OCS source off III. EPA Action Number EPA–R02–OAR–2017–0723. the coast of New Jersey. In today’s The index to the docket is available In this document, EPA is taking final action, the EPA is updating the ‘‘New electronically at http:// action to incorporate the proposed Jersey’’ section of Appendix A to 40 www.regulations.gov and in hard copy changes into 40 CFR part 55. EPA is CFR part 55 to incorporate by reference at EPA Region 2, 290 Broadway, New approving this action under section the relevant New Jersey air pollution York, New York 10007. 328(a)(1) of the Act, 42 U.S.C. 7627. control rules that are currently in effect. Section 328(a) of the Act requires that FOR FURTHER INFORMATION CONTACT: EPA has evaluated the proposed EPA establish requirements to control Viorica Petriman, Air Programs Branch, regulations to ensure that they are air pollution from OCS sources located Permitting Section, U.S. Environmental rationally related to the attainment or within 25 miles of States’ seaward Protection Agency, Region 2, 290 maintenance of Federal or state ambient boundaries that are the same as onshore Broadway, New York, New York 10007, air quality standards (AAQS) or part C (212) 637–4021, petriman.viorica@ of title I of the Act, that they are not epa.gov. 2 Each COA, which has been delegated the designed expressly to prevent authority to implement and enforce part 55, will SUPPLEMENTARY INFORMATION: use its administrative and procedural rules as Throughout this document, the terms 1 The reader may refer to the Proposed onshore. However, in those instances where EPA ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. Rulemaking, December 5, 1991 (56 FR 63774), and has not delegated authority to implement and the preamble to the final rule promulgated enforce part 55, as in New Jersey, EPA will use its Table of Contents September 4, 1992 (57 FR 40792) for further own administrative and procedural requirements to background and information on the OCS implement the substantive requirements. See 40 I. Proposed Action regulations. CFR 55.14(c)(4).

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requirements. To comply with this • Does not have Federalism and shall not postpone the effectiveness statutory mandate, the EPA must implications as specified in Executive of such rule or action. This action may incorporate applicable onshore rules Order 13132 (64 FR 43255, August 10, not be challenged later in proceedings to into 40 CFR part 55 as they exist 1999); enforce its requirements. (See section onshore. • Is not an economically significant 307(b)(2).) regulatory action based on health or IV. Incorporation by Reference safety risks subject to Executive Order List of Subjects in 40 CFR Part 55 In this rule, the EPA is finalizing 13045 (62 FR 19885, April 23, 1997); • Environmental protection, regulatory text that includes Is not a significant regulatory action Administrative practice and procedures, incorporation by reference. In subject to Executive Order 13211 (66 FR Air pollution control, Hydrocarbons, accordance with requirements of 1 CFR 28355, May 22, 2001); • Incorporation by reference, 51.5, the EPA is finalizing the Is not subject to requirements of Intergovernmental relations, Nitrogen Section 12(d) of the National incorporation by reference of the NJDEP dioxide, Nitrogen oxides, Outer Technology Transfer and Advancement air rules that are applicable to OCS Continental Shelf, Ozone, Particulate Act of 1995 (15 U.S.C. 272 note) because sources and which are described in the matter, Permits, Reporting and application of those requirements would amendments to 40 CFR part 55 set forth recordkeeping requirements, Sulfur be inconsistent with the Clean Air Act; below. The EPA has made, and will oxides. continue to make, these documents and • Dated: April 19, 2018. available through www.regulations.gov Does not provide the EPA with the and at the EPA Region 2 Office. Please discretionary authority to address, as Peter D. Lopez, appropriate, disproportionate human contact the person identified in the FOR Regional Administrator, Region 2. health or environmental effects, using FURTHER INFORMATION CONTACT section of practicable and legally permissible For the reasons set out in the this preamble for more information. methods, under Executive Order 12898 preamble, title 40 of the Code of Federal V. Statutory and Executive Order (59 FR 7629, February 16, 1994). Regulations, part 55, is amended as Reviews In addition, this final rule does not follows: have tribal implications as specified by PART 55—[AMENDED] Under the Clean Air Act, the Executive Order 13175 (65 FR 67249, Administrator is required to establish November 9, 2000), because it does not ■ requirements to control air pollution have a substantial direct effect on one or 1. The authority citation for part 55 from OCS sources located within 25 more Indian tribes, on the relationship continues to read as follows: miles of states’ seaward boundaries that between the Federal Government and Authority: Section 328 of the Clean Air Act are the same as onshore air control Indian tribes, or on the distribution of (42 U.S.C. 7401, et seq.) as amended by requirements. To comply with this power and responsibilities between the Public Law 101–549. statutory mandate, the EPA must Federal Government and Indian tribes, incorporate applicable onshore rules ■ 2. Section 55.14 is amended by nor does it impose substantial direct revising the sixth sentence in paragraph into part 55 as they exist onshore. 42 costs on tribal governments, nor U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, (e) introductory text and paragraph preempt tribal law. (e)(15)(i)(A) to read as follows: in promulgating OCS consistency The Congressional Review Act, 5 updates, the EPA’s role is to maintain U.S.C. 801 et seq., as added by the Small § 55.14 Requirements that apply to OCS consistency between OCS regulations Business Regulatory Enforcement sources located within 25 miles of States’ and the regulations of onshore areas, Fairness Act of 1996, generally provides seaward boundaries, by State. provided that they meet the criteria of that before a rule may take effect, the * * * * * the Clean Air Act. Accordingly, this agency promulgating the rule must action simply updates the existing OCS (e) * * * Copies of rules pertaining to submit a rule report, which includes a particular states or local areas may be requirements to make them consistent copy of the rule, to each House of the with requirements onshore, without the inspected or obtained from the EPA Congress and to the Comptroller General Docket Center—Public Reading Room, exercise of any policy discretion by the of the United States. EPA will submit a EPA. For that reason, this action: EPA West Building, Room 3334, 1301 report containing this action and other Constitution Avenue NW, Washington, • Is not a ‘‘significant regulatory required information to the U.S. Senate, DC 20004 or the appropriate EPA action’’ subject to review by the Office the U.S. House of Representatives, and regional offices: U.S. EPA, Region 1 of Management and Budget under the Comptroller General of the United (Massachusetts), One Congress Street, Executive Order 12866 (58 FR 51735, States prior to publication of the rule in Boston, MA 02114–2023; U.S. EPA, October 4, 1993); and 13563 (76 FR the Federal Register. A major rule Region 2 (New Jersey and New York), 3821, January 21, 2011); cannot take effect until 60 days after it 290 Broadway, New York, NY 10007– • Does not impose an information is published in the Federal Register. 1866; U.S. EPA, Region 3 (Delaware), collection burden under the provisions This action is not a ‘‘major rule’’ as 1650 Arch Street, Philadelphia, PA of the Paperwork Reduction Act (44 defined by 5 U.S.C. 804(2). 19103, (215) 814–5000; U.S. EPA, U.S.C. 3501 et seq.); Under section 307(b)(1) of the Clean • Region 4 (Florida and North Carolina), Is certified as not having a Air Act, petitions for judicial review of 61 Forsyth Street, Atlanta, GA 30303; significant economic impact on a this action must be filed in the United U.S. EPA, Region 9 (California), 75 substantial number of small entities States Court of Appeals for the Hawthorne Street, San Francisco, CA under the Regulatory Flexibility Act (5 appropriate circuit by August 27, 2018. 94105; and U.S. EPA, Region 10 U.S.C. 601 et seq.); Filing a petition for reconsideration by • (Alaska), 1200 Sixth Avenue, Seattle, Does not contain any unfunded the Administrator of this final rule does WA 98101. * * * mandate or significantly or uniquely not affect the finality of this action for affect small governments, as described the purposes of judicial review nor does * * * * * in the Unfunded Mandate Reform Act of it extend the time within which a (15) * * * 1995 (Pub. L. 04–4); petition for judicial review may be filed, (i) * * *

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(A) State of New Jersey Requirements N.J.A.C. 7:27–6.4. Emissions tests Chapter 27 Subchapter 12—Prevention and Applicable to OCS Sources, January 16, N.J.A.C. 7:27–6.5. Variances Control of Air Pollution Emergencies 2018. N.J.A.C. 7:27–6.7. Exceptions (Effective 5/20/1974) * * * * * Chapter 27 Subchapter 7—Sulfur (Effective N.J.A.C. 7:27–12.1. Definitions ■ 11/6/2017) N.J.A.C. 7:27–12.2. Emergency criteria 3. Appendix A to part 55 is amended N.J.A.C. 7:27–12.3. Criteria for emergency by revising paragraph (a)(1) under the N.J.A.C. 7:27–7.1. Definitions termination heading ‘‘New Jersey’’ to read as N.J.A.C. 7:27–7.2. Control and prohibition of N.J.A.C. 7:27–12.4. Standby plans follows: air pollution from sulfur compounds N.J.A.C. 7:27–12.5. Standby orders Chapter 27 Subchapter 8—Permits and Table I Emission Reduction Objectives Appendix A to Part 55—Listing of State Table II Emission Reduction Objectives and Local Requirements Incorporated Certificates for Minor Facilities (and Major Facilities Without an Operating Permit) Table III Emission Reduction Objectives by Reference Into Part 55, by State (Effective 1/16/2018) Chapter 27 Subchapter 16—Control and * * * * * N.J.A.C. 7:27–8.1. Definitions Prohibition of Air Pollution by Volatile NEW JERSEY N.J.A.C. 7:27–8.2. Applicability Organic Compounds (Effective 1/16/2018) N.J.A.C. 7:27–8.3. General provisions (a) * * * N.J.A.C. 7:27–16.1. Definitions (1) The following State of New Jersey N.J.A.C. 7:27–8.4. How to apply, register, N.J.A.C. 7:27–16.1A. Purpose, scope, requirements are applicable to OCS Sources, submit a notice, or renew applicability, and severability as of January 16, 2018. New Jersey State N.J.A.C. 7:27–8.5. Air quality impact analysis N.J.A.C. 7:27–16.2. VOC stationary storage tanks Department of Environmental Protection— N.J.A.C. 7:27–8.6. Service fees N.J.A.C. 7:27–16.3. Gasoline transfer New Jersey Administrative Code. The N.J.A.C. 7:27–8.7. Operating certificates operations following sections of Title 7: N.J.A.C. 7:27–8.8. General permits N.J.A.C. 7:27–8.9. Environmental N.J.A.C. 7:27–16.4. VOC transfer operations, Chapter 27 Subchapter 2—Control and improvement pilot tests other than gasoline Prohibition of Open Burning (Effective N.J.A.C. 7:27–8.11. Standards for issuing a N.J.A.C. 7:27–16.5. Marine tank vessel 6/20/1994) permit loading and ballasting operations N.J.A.C. 7:27–16.6. Open top tanks and N.J.A.C. 7:27–2.1. Definitions N.J.A.C. 7:27–8.12. State of the art solvent cleaning operations N.J.A.C. 7:27–2.2. Open burning for salvage N.J.A.C. 7:27–8.13. Conditions of approval N.J.A.C. 7:27–16.7. Surface coating and operations N.J.A.C. 7:27–8.14. Denials N.J.A.C. 7:27–8.15. Reporting requirements graphic arts operations N.J.A.C. 7:27–2.3. Open burning of refuse N.J.A.C. 7:27–16.8. Boilers N.J.A.C. 7:27–2.4. General provisions N.J.A.C. 7:27–8.16. Revocation N.J.A.C. 7:27–8.17. Changes to existing N.J.A.C. 7:27–16.9. Stationary combustion N.J.A.C. 7:27–2.6. Prescribed burning turbines permits and certificates N.J.A.C. 7:27–2.7. Emergencies N.J.A.C. 7:27–16.10. Stationary reciprocating N.J.A.C. 7:27–8.18. Permit revisions N.J.A.C. 7:27–2.8. Dangerous material engines N.J.A.C. 7:27–8.19. Compliance plan changes N.J.A.C. 7:27–2.12. Special permit N.J.A.C. 7:27–16.12. Surface coating N.J.A.C. 7:27–2.13. Fees N.J.A.C. 7:27–8.20. Seven-day notice changes operations at mobile equipment repair N.J.A.C. 7:27–8.21. Amendments Chapter 27 Subchapter 3—Control and and refinishing facilities N.J.A.C. 7:27–8.23. Reconstruction N.J.A.C. 7:27–16.13. Flares Prohibition of Smoke From Combustion of N.J.A.C. 7:27–8.24. Special provisions for Fuel (Effective 2/4/2002) N.J.A.C. 7:27–16.16. Other source operations construction but not operation N.J.A.C. 7:27–16.17. Alternative and facility- N.J.A.C. 7:27–3.1. Definitions N.J.A.C. 7:27–8.25. Special provisions for specific VOC control requirements N.J.A.C. 7:27–3.2. Smoke emissions from pollution control equipment or pollution N.J.A.C. 7:27–16.18. Leak detection and stationary indirect heat exchangers prevention process modifications repair N.J.A.C. 7:27–3.3. Smoke emissions from N.J.A.C. 7:27–8.27. Special facility-wide N.J.A.C. 7:27–16.19. Application of cutback marine installations permit provisions and emulsified asphalts N.J.A.C. 7:27–3.4. Smoke emissions from the Appendix 1 N.J.A.C. 7:27–16.21. Natural gas pipelines combustion of fuel in mobile sources Chapter 27 Subchapter 9—Sulfur in Fuels N.J.A.C. 7:27–16.22. Emission information, N.J.A.C. 7:27–3.5. Smoke emissions from (Effective 9/20/2010) record keeping and testing stationary internal combustion engines N.J.A.C. 7:27–16.23. Procedures for and stationary turbine engines N.J.A.C. 7:27–9.1. Definitions demonstrating compliance N.J.A.C. 7:27–3.6. Stack test N.J.A.C. 7:27–9.2. Sulfur content standards N.J.A.C. 7:27–16.27. Exceptions N.J.A.C. 7:27–3.7. Exceptions N.J.A.C. 7:27–9.3. Exemptions Appendix I N.J.A.C. 7:27–9.4. Waiver of air quality Appendix II Chapter 27 Subchapter 4—Control and modeling Prohibition of Particles From Combustion of Chapter 27 Subchapter 18—Control and Fuel (Effective 4/20/2009) Chapter 27 Subchapter 10—Sulfur in Solid Prohibition of Air Pollution From New or Fuels (Effective 9/6/2011) N.J.A.C. 7:27–4.1. Definitions Altered Sources Affecting Ambient Air N.J.A.C. 7:27–4.2. Standards for the emission N.J.A.C. 7:27–10.1. Definitions Quality (Emission Offset Rules) (Effective 11/ of particles N.J.A.C. 7:27–10.2. Sulfur contents standards 6/2017) N.J.A.C. 7:27–4.3. Performance test principle N.J.A.C. 7:27–10.3. Expansion, reconstruction N.J.A.C. 7:27–18.1. Definitions N.J.A.C. 7:27–4.4. Emissions tests or construction of solid fuel burning N.J.A.C. 7:27–18.2. Facilities subject to this N.J.A.C. 7:27–4.6. Exceptions units subchapter N.J.A.C. 7:27–10.4. Exemptions N.J.A.C. 7:27–18.3. Standards for issuance of Chapter 27 Subchapter 5—Prohibition of N.J.A.C. 7:27–10.5. SO2 emission rate permits Air Pollution (Effective 10/12/1977) determinations N.J.A.C. 7:27–18.4. Air quality impact N.J.A.C. 7:27–5.1. Definitions analysis Chapter 27 Subchapter 11—Incinerators N.J.A.C. 7:27–5.2. General provisions N.J.A.C. 7:27–18.5. Standards for use of (Effective 5/4/1998) emission reductions as emission offsets Chapter 27 Subchapter 6—Control and N.J.A.C. 7:27–11.1. Definitions N.J.A.C. 7:27–18.6. Emission offset Prohibition of Particles From Manufacturing N.J.A.C. 7:27–11.2. Construction standards postponement Processes (Effective 6/12/1998) N.J.A.C. 7:27–11.3. Emission standards N.J.A.C. 7:27–18.7. Determination of a net N.J.A.C. 7:27–6.1. Definitions N.J.A.C. 7:27–11.4. Permit to construct; emission increase or a significant net N.J.A.C. 7:27–6.2. Standards for the emission certificate to operate emission increase of particles N.J.A.C. 7:27–11.5. Operation N.J.A.C. 7:27–18.8. Banking of emission N.J.A.C. 7:27–6.3. Performance test principles N.J.A.C. 7:27–11.6. Exceptions reductions

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N.J.A.C. 7:27–18.9. Secondary emissions N.J.A.C. 7:27–21.7. Recordkeeping Chapter 27B Subchapter 1—Sampling and N.J.A.C. 7:27–18.10. Exemptions requirements Analytical Procedures for Determining N.J.A.C. 7:27–18.12. Civil or criminal N.J.A.C. 7:27–21.8. Certification of Emissions of Particles From Manufacturing penalties for failure to comply information Processes and From Combustion of Fuels (Effective 6/21/1976) Chapter 27 Subchapter 19—Control and N.J.A.C. 7:27–21.9. Request for extensions Prohibition of Air Pollution From Oxides of N.J.A.C. 7:27–21.10. Determination of non- N.J.A.C. 7:27B–1.1. Definitions Nitrogen (Effective 1/16/2018) applicability N.J.A.C. 7:27B–1.2. Acceptable test methods N.J.A.C. 7:27B–1.3. Operating conditions N.J.A.C. 7:27–19.1. Definitions N.J.A.C. 7:27–21.11. Severability during the test N.J.A.C. 7:27–19.2. Purpose, scope and Appendix 1 N.J.A.C. 7:27B–1.4. Sampling facilities to be applicability Chapter 27 Subchapter 22—Operating provided by the person responsible for N.J.A.C. 7:27–19.3. General provisions Permits (Effective 1/16/2018) emissions N.J.A.C. 7:27–19.4. Boilers serving electric N.J.A.C. 7:27B–1.5. Sampling train generating units N.J.A.C. 7:27–22.1. Definitions N.J.A.C. 7:27B–1.6. Performance test N.J.A.C. 7:27–19.5. Stationary combustion N.J.A.C. 7:27–22.2. Applicability principle turbines N.J.A.C. 7:27–22.3. General provisions N.J.A.C. 7:27B–1.7. General testing N.J.A.C. 7:27–19.6. Emissions averaging N.J.A.C. 7:27–22.4. General application requirements N.J.A.C. 7:27–19.7. Industrial/commercial/ procedures N.J.A.C. 7:27B–1.8. Required test data institutional boilers and other indirect N.J.A.C. 7:27–22.5. Application procedures N.J.A.C. 7:27B–1.9. Preparation for sampling heat exchangers for initial operating permits N.J.A.C. 7:27B–1.10. Sampling N.J.A.C. 7:27–19.8. Stationary reciprocating N.J.A.C. 7:27B–1.11. Sample recovery engines N.J.A.C. 7:27–22.6. Operating permit N.J.A.C. 7:27B–1.12. Analysis N.J.A.C. 7:27–19.11. Emergency generators— application contents N.J.A.C. 7:27B–1.13. Calculations recordkeeping N.J.A.C. 7:27–22.7. Application shield N.J.A.C. 7:27B–1.14. Validation of test N.J.A.C. 7:27–19.13. Alternative and facility- N.J.A.C. 7:27–22.8. Air quality simulation specific NOX emission limits modeling and risk assessment Chapter 27B Subchapter 2—Procedures for N.J.A.C. 7:27–19.14. Procedures for obtaining N.J.A.C. 7:27–22.9. Compliance plans Visual Determination of the Opacity approvals under this subchapter N.J.A.C. 7:27–22.10. Completeness reviews (Percent) and Shade or Appearance N.J.A.C. 7:27–19.15. Procedures and N.J.A.C. 7:27–22.11. Public comment (Ringelmann Number) of Emissions From deadlines for demonstrating compliance N.J.A.C. 7:27–22.12. EPA comment Sources (Effective 6/21/1976) N.J.A.C. 7:27–19.16. Adjusting combustion N.J.A.C. 7:27–22.13. Final action on an N.J.A.C. 7:27B–2.1. Definitions processes application N.J.A.C. 7:27B–2.2. Acceptable observation N.J.A.C. 7:27–19.17. Source emissions testing methods N.J.A.C. 7:27–19.18. Continuous emissions N.J.A.C. 7:27–22.14. General operating N.J.A.C. 7:27B–2.3. Observation principle monitoring permits N.J.A.C. 7:27B–2.4. General observation N.J.A.C. 7:27–19.19. Recordkeeping and N.J.A.C. 7:27–22.15. Temporary facility requirements recording operating permits N.J.A.C. 7:27B–2.5. Required observation N.J.A.C. 7:27–19.20. Fuel switching N.J.A.C. 7:27–22.16. Operating permit data N.J.A.C. 7:27–19.21. Phased compliance— contents N.J.A.C. 7:27B–2.6. Certification repowering N.J.A.C. 7:27–22.17. Permit shield References N.J.A.C. 7:27–19.23. Phased compliance—use N.J.A.C. 7:27–22.18. Source emissions testing Appendix of innovative control technology and monitoring N.J.A.C. 7:27–19.25. Exemption for N.J.A.C. 7:27–22.19. Recordkeeping, Chapter 27B Subchapter 3—Air Test emergency use of fuel oil reporting and compliance certification Method 3: Sampling and Analytical N.J.A.C. 7:27–19.26. Penalties N.J.A.C. 7:27–22.20. Administrative Procedures for the Determination of Volatile Chapter 27 Subchapter 20—Used Oil amendments Organic Compounds From Source Operations (Effective 12/1/2008) Combustion (Effective 9/6/2011) N.J.A.C. 7:27–22.21. Changes to insignificant N.J.A.C. 7:27–20.1. Definitions source operations N.J.A.C. 7:27B–3.1. Definitions N.J.A.C. 7:27–20.2. General provisions N.J.A.C. 7:27–22.22. Seven-day-notice N.J.A.C. 7:27B–3.2. Sampling and analytical N.J.A.C. 7:27–20.3. Burning of on- changes protocol: Acceptable test methods specification used oil in space heaters N.J.A.C. 7:27–22.23. Minor modifications N.J.A.C. 7:27B–3.3. Operating conditions during the test covered by a registration N.J.A.C. 7:27–22.24. Significant N.J.A.C. 7:27B–3.4. Sampling facilities N.J.A.C. 7:27–20.4. Burning of on- modifications specification used oil in space heaters N.J.A.C. 7:27B–3.5. Source operations and N.J.A.C. 7:27–22.24A. Reconstruction applicable test methods covered by a permit N.J.A.C. 7:27–22.25. Department initiated N.J.A.C. 7:27–20.5. Demonstration that used N.J.A.C. 7:27B–3.6. Procedures for the operating permit modifications oil is on-specification determinations of vapor pressures of a N.J.A.C. 7:27–20.6. Burning of on- N.J.A.C. 7:27–22.26. MACT and GACT single known VOC or mixtures of known specification oil in other combustion standards and/or unknown VOC units N.J.A.C. 7:27–22.27. Operating scenarios N.J.A.C. 7:27B–3.7. Procedures for the direct N.J.A.C. 7:27–20.7. Burning of off- N.J.A.C. 7:27–22.28A. Emissions trading measurement of volatile organic specification used oil N.J.A.C. 7:27–22.28B. Facility-specific compounds using a flame ionization N.J.A.C. 7:27–20.8. Ash standard emissions averaging programs detector (FID), a photoionization detector N.J.A.C. 7:27–20.9. Exception N.J.A.C. 7:27–22.29. Facilities subject to acid (PID) or a non-dispersive infrared deposition control analyzer (NDIR) Chapter 27 Subchapter 21—Emission N.J.A.C. 7:27B–3.8. Procedures for the direct Statements (Effective 1/16/2018) N.J.A.C. 7:27–22.30. Renewals N.J.A.C. 7:27–22.31. Fees measurement of volatile organic compounds using a gas chromatograph N.J.A.C. 7:27–21.1. Definitions N.J.A.C. 7:27–22.32. Hearings and appeals N.J.A.C. 7:27–21.2. Applicability (GC) with a flame ionization detector N.J.A.C. 7:27–22.33. Preconstruction review N.J.A.C. 7:27–21.3. General provisions (FID) or other suitable detector N.J.A.C. 7:27–21.4. Procedures for submitting N.J.A.C. 7:27–22.34. Early reduction of HAP N.J.A.C. 7:27B–3.9. Procedures for the an emission statement emissions sampling and remote analysis of known N.J.A.C. 7:27–21.5. Required contents of an N.J.A.C. 7:27–22.35. Advances in the art of volatile organic compounds using a gas emission statement air pollution chromatograph (GC) with a flame N.J.A.C. 7:27–21.6. Methods to be used for Appendix ionization detector (FID) or other quantifying actual emissions Table A suitable detector

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N.J.A.C. 7:27B–3.10. Procedures for the DATES: This final rule is effective August • All other basic organic chemical determination of volatile organic 27, 2018. manufacturing (NAICS code 325199). compounds in surface coating ADDRESSES: The docket for this action, • Plastics material and resin formulations identified by docket identification (ID) manufacturing (NAICS code 325211). N.J.A.C. 7:27B–3.11. Procedures for the • Pesticide and other agricultural determination of volatile organic number EPA–HQ–OPPT–2017–0421, is compounds emitted from transfer available at http://www.regulations.gov chemical manufacturing (NAICS code operations using a flame ionization or at the Office of Pollution Prevention 325320). • detector (FID) or non-dispersive infrared and Toxics Docket (OPPT Docket), Medicinal and botanical analyzer (NDIR) Environmental Protection Agency manufacturing (NAICS code 325411). • N.J.A.C. 7:27B–3.12. Procedures for the Docket Center (EPA/DC), West William Pharmaceutical preparation determination of volatile organic Jefferson Clinton Bldg., Rm. 3334, 1301 manufacturing (NAICS code 325412). • compounds in cutback and emulsified Constitution Ave. NW, Washington, DC. Biological product (except asphalts diagnostic) manufacturing (NAICS code N.J.A.C. 7:27B–3.13. Procedures for the The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 325414). determination of leak tightness of • Paint and coating manufacturing gasoline delivery vessels Friday, excluding legal holidays. The (NAICS code 325510). N.J.A.C. 7:27B–3.14. Procedures for the direct telephone number for the Public • detection of fugitive volatile organic Reading Room is (202) 566–1744, and Adhesive manufacturing (NAICS compound leaks code 325520). the telephone number for the OPPT • N.J.A.C. 7:27B–3.15. Procedures for the direct Docket is (202) 566–0280. Please review Custom compounding of purchased detection of fugitive volatile organic resins (NAICS code 325991). the visitor instructions and additional • compound leaks from gasoline tank information about the docket available Photographic film, paper, plate, and trucks and vapor collection systems at http://www.epa.gov/dockets. chemical manufacturing (NAICS code using a combustible gas detector 325992). FOR FURTHER INFORMATION CONTACT: N.J.A.C. 7:27B–3.18. Test methods and • All other miscellaneous chemical For technical information contact: sources incorporated by reference product and preparation manufacturing Thomas Groeneveld, National Program * * * * * (NAICS code 325998). Chemicals Division, Office of Pollution [FR Doc. 2018–13577 Filed 6–26–18; 8:45 am] • Unlaminated plastics film and sheet Prevention and Toxics, Environmental BILLING CODE 6560–50–P (except packaging) manufacturing Protection Agency, 1200 Pennsylvania (NAICS code 326113). Ave. NW, Washington, DC 20460–0001; • Unlaminated plastics profile shape telephone number: (202) 566–1188; ENVIRONMENTAL PROTECTION manufacturing (NAICS code 326121). AGENCY email address: groeneveld.thomas@ • Urethane and other foam product epa.gov. (except polystyrene) manufacturing 40 CFR Part 713 For general information contact: The (NAICS code 326150). TSCA-Hotline, ABVI-Goodwill, 422 [EPA–HQ–OPPT–2017–0421; FRL–9979–74] • All other plastics product South Clinton Ave., Rochester, NY manufacturing (NAICS code 326199). RIN 2070–AK22 14620; telephone number: (202) 554– • Tire manufacturing (NAICS code 1404; email address: TSCA-Hotline@ Mercury; Reporting Requirements for 326211). epa.gov. • the TSCA Mercury Inventory All other rubber product SUPPLEMENTARY INFORMATION: manufacturing (NAICS code 326299). AGENCY: Environmental Protection • I. Executive Summary Iron and steel mills and ferroalloy Agency (EPA). manufacturing (NAICS code 331110). ACTION: Final rule. A. Does this action apply to me? • Rolled steel shape manufacturing You may be potentially affected by (NAICS code 331221). SUMMARY: As required under section • this action if you manufacture Alumina refining and primary 8(b)(10)(D) of the Toxic Substances (including import) mercury or mercury- aluminum production (NAICS code Control Act (TSCA), EPA is finalizing added products, or if you otherwise 331313). reporting requirements for applicable • intentionally use mercury in a Secondary smelting and alloying of persons to provide information to assist manufacturing process. The following aluminum (NAICS code 331314). in the preparation of an ‘‘inventory of • list of North American Industrial Nonferrous metal (except mercury supply, use, and trade in the Classification System (NAICS) codes is aluminum) smelting and refining United States,’’ where ‘‘mercury’’ is not intended to be exhaustive, but rather (NAICS code 331410). defined as ‘‘elemental mercury’’ and ‘‘a • provides a guide to help readers Secondary smelting, refining, and mercury compound.’’ The requirements determine whether this document alloying of nonferrous metal (except apply to any person who manufactures applies to them. Potentially affected copper and aluminum) (NAICS code (including imports) mercury or 331492). entities may include the following: • mercury-added products, or otherwise • Gold ore mining (NAICS code Iron foundries (NAICS code intentionally uses mercury in a 212221). 331511). • manufacturing process. Based on the • Lead ore and zinc ore mining Steel foundries (except investment) inventory of information collected, the (NAICS code 212231). (NAICS code 331513). Agency is directed to ‘‘identify any • All other metal ore mining (NAICS • Fabricated structural metal manufacturing processes or products code 212299). manufacturing (NAICS code 332312). that intentionally add mercury; and . . . • Asphalt shingle and coating • Industrial valve manufacturing recommend actions, including proposed materials manufacturing (NAICS code (NAICS code 332911). revisions of Federal law or regulations, 324122). • Ammunition except small arms to achieve further reductions in mercury • Synthetic dye and pigment manufacturing (NAICS code 332993). use.’’ At this time, EPA is not making manufacturing (NAICS code 325130). • Small arms, ordnance, and such identifications or • Other basic inorganic chemical ordnance accessories manufacturing recommendations. manufacturing (NAICS code 325180). (NAICS code 332994).

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• All other miscellaneous fabricated • Household laundry equipment requires reporting from any person who metal product manufacturing (NAICS manufacturing (NAICS code 335224). manufactures (including imports) code 332999). • Other major household appliance mercury or mercury-added products, or • Food product machinery manufacturing (NAICS code 335228). otherwise intentionally uses mercury in manufacturing (NAICS code 333294). • Switchgear and switchboard a manufacturing process. EPA published • Office machinery manufacturing apparatus manufacturing (NAICS code its initial inventory report in the (NAICS code 333313). 335313). Federal Register on March 29, 2017 • Other commercial and service • Relay and industrial control (Ref. 1), which noted data gaps and industry machinery manufacturing manufacturing (NAICS code 335314). limitations encountered by the Agency (NAICS code 333319). • Primary battery manufacturing in its historic reliance on publicly • Heating equipment (except warm (NAICS code 335912). available data on the mercury market in air furnaces) manufacturing (NAICS • Current-carrying wiring device the United States. As stated in the initial code 333414). manufacturing (NAICS code 335931). inventory report, ‘‘[f]uture triennial • Air-conditioning and warm air • All other miscellaneous electrical inventories of mercury supply, use, and heating equipment and commercial and equipment and component trade are expected to include data industrial refrigeration equipment manufacturing (NAICS code 335999). collected directly from persons who manufacturing (NAICS code 333415). • Automobile manufacturing (NAICS manufacture or import mercury or • Pump and pumping equipment code 336111). mercury-added products, or otherwise manufacturing (NAICS code 333911). • Light truck and utility vehicle • intentionally use mercury in a Bare printed circuit board manufacturing (NAICS code 336112). manufacturing process’’ (Ref. 1). These manufacturing (NAICS code 334412). • • Heavy duty truck manufacturing reporting requirements will help the Semiconductor and related device (NAICS code 336120). Agency narrow such data gaps, prepare manufacturing (NAICS code 334413). • • Motor home manufacturing (NAICS subsequent, triennial publications of the Other electronic component code 336213). inventory, and execute the mandate to manufacturing (NAICS code 334419). • Travel trailer and camper ‘‘identify any manufacturing processes • Electromedical and manufacturing (NAICS code 336214). or products that intentionally add electrotherapeutic apparatus • Other aircraft parts and auxiliary mercury; and . . . recommend actions, manufacturing (NAICS code 334510). equipment manufacturing (NAICS code • Search, detection, navigation, including proposed revisions of Federal 336413). law or regulations, to achieve further guidance, aeronautical, and nautical • Boat building (NAICS code 336612). reductions in mercury use’’ (15 U.S.C. system and instrument manufacturing • Motorcycles and parts 2607(b)(10)(C)). (NAICS code 334511). manufacturing (NAICS code 336991). In addition, this information could be • Automatic environmental control • Surgical and medical instrument used by the U.S. Government to assist manufacturing for residential, manufacturing (NAICS code 339112). in its national reporting regarding its commercial, and appliance use (NAICS • Costume jewelry and novelty implementation of the Minamata code 334512). manufacturing (NAICS code 339914). Convention on Mercury (Minamata • Instruments and related products • Game, toy, and children’s vehicle Convention), to which the United States manufacturing for measuring, manufacturing (NAICS code 339932). is a Party (Ref. 2). The Minamata displaying, and controlling industrial • Sign manufacturing (NAICS code Convention is an international process variables (NAICS code 334513). 339950). • Totalizing fluid meter and counting environmental agreement that has as its • Other chemical and allied products device manufacturing (NAICS code objective the protection of human health merchant wholesalers (NAICS code 334514). and the environment from 424690). • Instrument manufacturing for anthropogenic emissions and releases of • Research and development in the measuring and testing electricity and elemental mercury and mercury physical, engineering, and life sciences electrical signals (NAICS code 334515). compounds. Article 21 of the • Analytical laboratory instrument (except biotechnology) (NAICS code Convention requires Parties to include 541712). in their national reports, among other manufacturing (NAICS code 334516). • • Watch, clock, and part Hazardous waste treatment and information, information demonstrating disposal (NAICS code 562211). that the Party has met the requirements manufacturing (NAICS code 334518). • • Other measuring and controlling Other nonhazardous waste of Article 3 on Mercury Supply Sources device manufacturing (NAICS code treatment and disposal (NAICS code and Trade and of Article 5 on 562219). Manufacturing Processes in Which 334519). • • Electric lamp bulb and part Materials recovery facilities (NAICS Mercury or Mercury Compounds Are manufacturing (NAICS code 335110). code 562920). Used. EPA intends to use the collected • • Commercial, industrial, and National security (NAICS code information from the mercury inventory institutional electric lighting fixture 928110). to implement TSCA and assist in its manufacturing (NAICS code 335122). B. What action is the Agency taking? national reporting for the Minamata • Other lighting equipment Convention as well as to shape the manufacturing (NAICS code 335129). EPA is issuing a final rule under Agency’s efforts to reduce the use of • Electric house wares and household TSCA section 8(b)(10) to require mercury in commerce. In so doing, the fan manufacturing (NAICS code reporting to assist in the preparation of Agency will conduct a timely evaluation 335211). ‘‘an inventory of mercury supply, use, and refinement of these reporting • Household vacuum cleaner and trade in the United States,’’ where requirements so that they are efficient manufacturing (NAICS code 335212). ‘‘mercury’’ is defined as ‘‘elemental and non-duplicative for reporters. • Household cooking appliance mercury’’ and ‘‘a mercury compound.’’ EPA issued the proposed rule for this manufacturing (NAICS code 335221). Hereinafter ‘‘mercury’’ will refer to both action in the Federal Register on • Household refrigerator and home elemental mercury and mercury October 26, 2017 with a December 26, freezer manufacturing (NAICS code compounds collectively, except where 2017 deadline for comments (Ref. 3); in 335222). separately identified. This final rule response to two requests, the deadline

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was extended to January 11, 2018 (Ref. the Interstate Mercury Education and public; increase program efficiency and 4). Based on comments received, the Reduction Clearinghouse (IMERC) effectiveness; and improve the integrity, Agency modified the regulatory text to Mercury-added Products Database, quality, and utility of information to all improve the logic and flow of sections, respectively. Such reporters are not users within and outside an agency, to clarify various terms and reporting required to respond to certain data including capabilities for ensuring requirements, and to eliminate several elements of the mercury reporting dissemination of public information, quantitative reporting requirements. application that are comparable to data public access to Federal Government Such issues are discussed in greater they also report in response to CDR and information, and protections for privacy detail in Unit III. and the Response to IMERC reporting requirements. and security (44 U.S.C. 3506). Comments document for this rule (Ref. C. Why is the Agency taking this action? TSCA section 2 expresses the intent of 5). Congress that EPA carry out TSCA in a EPA is issuing this final rule under The reporting requirements for reasonable and prudent manner and in TSCA section 8(b)(10) to require supply, use, and trade of mercury consideration of the impacts that any reporting to assist in the preparation of include activities that are established action taken under TSCA may have on TSCA terms: Manufacture, import, the statutorily-required inventory of the environment, the economy, and distribution in commerce, storage, and mercury supply, use, and trade in the society. EPA will manage and leverage export. The reporting requirements also United States. As indicated in the initial its information resources, including apply to otherwise intentional use of inventory report (Ref. 1), this final rule information technology, and the Agency mercury in a manufacturing process. will support future triennial is requiring the use of electronic Persons who manufacture (including publications of the mercury inventory reporting to implement the mercury import) mercury or mercury-added by establishing reporting requirements inventory reporting requirements of products, or otherwise intentionally use and an electronic application and TSCA section 8(b)(10)(D) in a reasonable mercury in a manufacturing process, are database to collect, store, and analyze and prudent manner. required to report amounts of mercury information provided by applicable in pounds (lbs.) used in such activities respondents. In administering this E. What are the estimated incremental during a designated reporting year. mercury inventory, the Agency will impacts of the final rule? Reporters also are required to identify ‘‘identify any manufacturing processes specific mercury compounds, mercury- or products that intentionally add EPA prepared an economic analysis of added products, manufacturing mercury; and . . . recommend actions, the potential impacts associated with processes, and how mercury is used in including proposed revisions of Federal this rulemaking (Ref. 6). The chief manufacturing processes, as applicable, law or regulations, to achieve further benefit of the final rule is the collection from preselected lists. For certain reductions in mercury use’’ (15 U.S.C. of detailed data on mercury, which will activities, reporters are required to 2607(b)(10)(C)). serve as a basis to recommend actions provide additional, contextual data (e.g., to further reduce mercury use in the NAICS codes for mercury or mercury- D. What is the Agency’s authority for United States, as required at TSCA added products distributed in taking this action? section 8(b)(10)(C). Another benefit is commerce). EPA is issuing this rule pursuant to the use of information collected under The finalized reporting requirements TSCA section 8(b)(10)(D) to implement the final rule to help the United States do not apply to: (1) Persons who do not the direction at TSCA section implement its obligations under the first manufacture, import, or otherwise 8(b)(10)(B) that ‘‘[n]ot later than April 1, Minamata Convention. While there are intentionally use mercury; (2) persons 2017, and every 3 years thereafter, the no quantified benefits for the final rule, who only generate, handle, or manage Administrator shall carry out and the statutory mandate specifically calls mercury-containing waste; (3) persons publish in the Federal Register an for and authorizes a rule to support an who only manufacture mercury as an inventory of mercury supply, use, and inventory of mercury supply, use, and impurity; and (4) persons engaged in trade in the United States.’’ TSCA trade in the United States, to identify activities involving mercury not with section 8(b)(10)(D) requires EPA to any manufacturing processes or the purpose of obtaining an immediate promulgate a final rule by June 22, 2018 products that intentionally add or eventual commercial advantage (see that establishes reporting requirements mercury, and to recommend actions to Unit III.D.2.). Within the category of applicable to any person who achieve further reductions in mercury persons who must report, there are manufactures mercury or mercury- use. As described in the Agency’s certain persons who are not required to added products or otherwise economic analysis, unquantified provide specific data elements. To avoid intentionally uses mercury in a benefits include providing increased reporting that is unnecessary or manufacturing process to assist in the information on mercury and assisting in duplicative, the Agency is finalizing preparation of the inventory. the reduction of mercury use (Ref. 6). To certain exemptions for persons who In addition, the Paperwork Reduction the extent that the information gathered already report for mercury and mercury- Act (PRA) requires Federal agencies to through this rule is used to reduce added products to the TSCA section 8(a) manage information resources to reduce mercury use, benefits to society may Chemical Data Reporting (CDR) rule and information collection burdens on the result from a reduction in exposure.

TABLE 1—SUMMARY OF COSTS AND BENEFITS

Category Description

Benefits ...... The final rule will provide information on mercury and mercury-added products to which the Agency (and the pub- lic) does not currently have access. To the extent that the information gathered through this final rule is used to reduce mercury use, benefits to society may result from a reduction in risk.

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TABLE 1—SUMMARY OF COSTS AND BENEFITS—Continued

Category Description

Costs ...... Estimated industry costs and burden total $5.83 million and 72,600 hours (for 750 respondents) for the first year of reporting, with an individual estimate of $7,800 and 97 hours. For future triennial reporting cycles, industry costs and burden will be $4.04 million and 50,200 hours, with an individual estimate of $5,400 and 67 hours. These estimates include compliance determination, rule familiarization, CBI substantiation, electronic reporting, and recordkeeping, in addition to completing reporting requirements. Effects on State, Local, and Government entities are not expected to be subject to the rule’s requirements, which apply to entities that manu- Tribal Governments. facture (including import) mercury or mercury-added products, or otherwise intentionally use mercury in a man- ufacturing process. The final rule does not have a significant intergovernmental mandate, significant or unique effect on small governments, or have Federalism implications. Small Entity Impacts ...... The final rule will impact 211 companies that meet the U.S. Small Business Administration (SBA) definitions for their respective NAICS classifications: Four small entities (1.85%) are expected to incur impacts of 1% percent or greater. No small entity assessed is expected to incur an impact of greater than 3%. Five companies could not be verified as small entities. Even if the entities whose status is ‘‘undetermined’’ were assumed to be im- pacted small entities, this would result in only nine entities (4.17%). Therefore, EPA certifies that this action will not have a significant economic impact on a substantial number of small entities. Environmental Justice and The information obtained from the reporting required by this final rule will be used to inform the Agency’s deci- Protection of Children. sion-making process regarding chemicals to which minority or low-income populations or children may be dis- proportionately exposed. This information will also assist the Agency and others in determining whether ele- mental mercury and mercury compounds addressed in this final rule present potential risks, allowing the Agen- cy and others to take appropriate action to investigate and mitigate those risks.

II. Background state reports and databases, among other Waste Management Officials’ sources, to assemble a collection of Association, which administers the A. Recent Amendments to TSCA and available information on mercury, IMERC database, as directed by TSCA the Initial Inventory mercury-added products, and section 8(b)(10)(D)(ii). The Frank R. Lautenberg Chemical manufacturing processes involving C. Public Comments Safety for the 21st Century Act mercury (Ref. 1). In reviewing data (Lautenberg Act) (Pub. L. 114–182, 130 obtained, the Agency found that its During the public comment period Stat. 448), enacted on June 22, 2016, baseline of data lacked the specificity (October 26, 2017 to January 11, 2018) implemented reforms to TSCA (15 and level of detail required to develop for the proposed rule, EPA received 89 U.S.C. 2601 et seq.). Among other a mercury inventory responsive to comments. After careful review, the changes to TSCA, the Lautenberg Act TSCA section 8(b)(10)(D) or to be useful Agency determined that 27 of those amended TSCA section 8(b) to require to inform mercury use reduction efforts comments were substantively or EPA to establish: (1) An inventory of for both the public and private sectors procedurally relevant to the proposed mercury supply, use, and trade in the (Ref. 1). In 2015, to develop its rule, while 55 comments were not United States; and (2) reporting understanding of domestic mercury applicable, germane, or responsive. EPA requirements by rule applicable to any supply and trade, the Agency collected received six comments generally person who manufactures mercury or information on the quantity of mercury supportive of the proposed rule and one mercury-added products or otherwise sold in the United States for the years comment related to mercury use, but intentionally uses mercury in a 2010 and 2013 from five companies exceeded the Agency’s understanding of manufacturing process not later than identified as the primary recyclers and the statutory scope of ‘‘mercury supply, June 22, 2018 (15 U.S.C. 2607(b)(10)). distributors of mercury in the United use, and trade in the United States.’’ All Information collected per the reporting States (Ref. 7), which revealed a gap comments received are identified by requirements will be used to between available data on the amount of docket identification (ID) number EPA– periodically update the mercury mercury within sold mercury-added HQ–OPPT–2017–0421 and available at inventory; identify any manufacturing products and the amount of bulk https://www.regulations.gov. Included processes or products that intentionally elemental mercury sold in the United in this docket is the Response to add mercury; and recommend actions, States. Additional Agency research Comments document for this rule including proposed revisions of federal identified a data gap for the amount of (Ref. 5). law or regulations, to achieve further mercury in exported mercury-added III. Provisions of This Final Rule reductions in mercury use (15 U.S.C. products. The Agency also is seeking to 2607(b)(10)(B) and (C)). The Lautenberg identify and differentiate between the This final rule provides for the Act also added certain mercury amount of mercury in imported versus collection of information that allows compounds to the TSCA section 12(c) domestically manufactured mercury- EPA to implement statutory ban on export of elemental mercury and added products. EPA is committed to requirements at TSCA section authorized EPA to ban the export of further addressing such data gaps and 8(b)(10)(B), which directs that ‘‘[n]ot additional mercury compounds by rule. considers the national mercury later than April 1, 2017, and every 3 Additional information on the inventory mandated by Congress to be years thereafter, the Administrator shall Lautenberg Act is available on EPA’s an instrumental means to establish the carry out and publish in the Federal website at https://www.epa.gov/ requisite body of information to support Register an inventory of mercury assessing-and-managing- achievement of that goal. supply, use, and trade in the United chemicalsunder-tsca/frank-r-lautenberg- B. Stakeholder Involvement States’’. Based on the inventory, the chemical-safety-21st-century-act. Agency is directed to ‘‘identify any Prior to developing its initial In developing the proposed rule, the manufacturing processes or products inventory, EPA reviewed federal and Agency coordinated with the Northeast that intentionally add mercury; and . . .

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recommend actions, including proposed A. Definition of Mercury not excluded from reporting under this revisions of Federal law or regulations, TSCA section 8(b)(10)(A) states final rule. to achieve further reductions in mercury ‘‘notwithstanding [TSCA] section The Agency proposed that where EPA use.’’ EPA’s rationale for fulfilling 3(2)(B), the term ‘mercury’ means . . . distinguishes between elemental specific statutory provisions and terms, elemental mercury; and . . . a mercury mercury and mercury compounds, including summaries of public compound.’’ As such, the definition for elemental mercury be limited to comments received and Agency mercury at TSCA section 8(b)(10)(A) elemental mercury as described by its responses and determinations for the supersedes the exclusions for ‘‘chemical Chemical Abstracts Service Registry final rule, are set forth by topic as substances’’ described in TSCA section Number (CASRN 7439–97–6) and follows. Some of these issues are 3(2)(B) that would otherwise apply to mercury compounds be inclusive of all discussed in greater detail in the mercury, mercury-added products, or instances where elemental mercury or a Response to Comments document for otherwise intentional uses of mercury in mercury compound is reacted with this rule (Ref. 5), which is available at manufacturing processes. For example, another chemical substance. Examples docket ID number EPA–HQ–OPPT– any ‘‘drug, cosmetic, or device’’ as of mercury compounds in the TSCA 2017–0421 at https:// described in TSCA section 3(2)(B)(vi), Chemical Substance Inventory are listed www.regulations.gov. should such items contain mercury, are in Table 2.

TABLE 2—LIST OF MERCURY COMPOUNDS

Chemical Abstracts Service Registry No. Mercury compound

10045–94–0 ...... Nitric acid, mercury(2+) salt (2:1). 100–57–2 ...... Mercury, hydroxyphenyl-. 10112–91–1 ...... Mercury chloride (Hg2Cl2). 10124–48–8 ...... Mercury amide chloride (Hg(NH2)Cl). 103–27–5 ...... Mercury, phenyl(propanoato-.kappa.O)-. 10415–75–5 ...... Nitric acid, mercury(1+) salt (1:1). 104–60–9 ...... Mercury, (9-octadecenoato-.kappa.O)phenyl-. 1191–80–6 ...... 9-Octadecenoic acid (9Z)-, mercury(2+) salt (2:1). 12068–90–5 ...... Mercury telluride (HgTe). 13170–76–8 ...... Hexanoic acid, 2-ethyl-, mercury(2+) salt (2:1). 13302–00–6 ...... Mercury, (2-ethylhexanoato-.kappa.O)phenyl-. 1335–31–5 ...... Mercury cyanide oxide (Hg2(CN)2O). 1344–48–5 ...... Mercury sulfide (HgS). 1345–09–1 ...... Cadmium mercury sulfide. 13876–85–2 ...... Mercurate(2-), tetraiodo-, copper(1+) (1:2), (T-4)-. 138–85–2 ...... Mercurate(1-), (4-carboxylatophenyl)hydroxy-, sodium (1:1). 141–51–5 ...... Mercury, iodo(iodomethyl)-. 14783–59–6 ...... Mercury, bis[(2-phenyldiazenecarbothioic acid-.kappa.S) 2-phenylhydrazidato-.kappa.N2]-, (T-4)-. 15385–58–7 ...... Mercury, dibromodi-, (Hg-Hg). 15785–93–0 ...... Mercury, chloro[4-[(2,4-dinitrophenyl)amino]phenyl]-. 15829–53–5 ...... Mercury oxide (Hg2O). 1600–27–7 ...... Acetic acid, mercury(2+) salt (2:1). 1785–43–9 ...... Mercury, chloro(ethanethiolato)-. 19447–62–2 ...... Mercury, (acetato-.kappa.O)[4-[2-[4-(dimethylamino)phenyl]diazenyl]phenyl]-. 20582–71–2 ...... Mercurate(2-), tetrachloro-, potassium (1:2), (T-4)-. 20601–83–6 ...... Mercury selenide (HgSe). 21908–53–2 ...... Mercury oxide (HgO). 22450–90–4 ...... Mercury(1+), amminephenyl-, acetate (1:1). 24579–90–6 ...... Mercury, chloro(2-hydroxy-5-nitrophenyl)-. 24806–32–4 ...... Mercury, [.mu.-[2-dodecylbutanedioato(2-).kappa.O1:.kappa.O4]]diphenyldi-. 26545–49–3 ...... Mercury, (neodecanoato-.kappa.O)phenyl-. 27685–51–4 ...... Cobaltate(2-), tetrakis(thiocyanato-.kappa.N)-, mercury(2+) (1:1), (T-4)-. 29870–72–2 ...... Cadmium mercury telluride ((Cd,Hg)Te). 3294–57–3 ...... Mercury, phenyl(trichloromethyl)-. 33770–60–4 ...... Mercury, [3,6-dichloro-4,5-di(hydroxy-.kappa.O)-3,5cyclohexadiene-1,2-dionato(2-)]-. 3570–80–7 ...... Mercury, bis(acetato-.kappa.O)[.mu.-(3′,6′-dihydroxy-3oxospiro[isobenzofuran-1(3H),9′-[9H]xanthene]-2′,7′diyl)]di-. 537–64–4 ...... Mercury, bis(4-methylphenyl)-. 539–43–5 ...... Mercury, chloro(4-methylphenyl)-. 54–64–8 ...... Mercurate(1-), ethyl[2-(mercapto-.kappa.S)benzoato(2-).kappa.O]-, sodium (1:1). 55–68–5 ...... Mercury, (nitrato-.kappa.O)phenyl-. 56724–82–4 ...... Mercury, phenyl[(2-phenyldiazenecarbothioic acid.kappa.S) 2-phenylhydrazidato-.kappa.N2]-. 587–85–9 ...... Mercury, diphenyl-. 592–04–1 ...... Mercury cyanide (Hg(CN)2). 592–85–8 ...... Thiocyanic acid, mercury(2+) salt (2:1). 593–74–8 ...... Mercury, dimethyl-. 59–85–8 ...... Mercurate(1-), (4-carboxylatophenyl)chloro-, hydrogen. 623–07–4 ...... Mercury, chloro(4-hydroxyphenyl)-. 62–38–4 ...... Mercury, (acetato-.kappa.O)phenyl-. 62638–02–2 ...... Cyclohexanebutanoic acid, mercury(2+) salt (2:1). 627–44–1 ...... Mercury, diethyl-. 6283–24–5 ...... Mercury, (acetato-.kappa.O)(4-aminophenyl)-. 628–86–4 ...... Mercury, bis(fulminato-.kappa.C)-.

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TABLE 2—LIST OF MERCURY COMPOUNDS—Continued

Chemical Abstracts Service Registry No. Mercury compound

629–35–6 ...... Mercury, dibutyl-. 63325–16–6 ...... Mercurate(2-), tetraiodo-, (T-4)-, hydrogen, compd. with 5-iodo-2-pyridinamine (1:2:2). 63468–53–1 ...... Mercury, (acetato-.kappa.O)(2-hydroxy-5-nitrophenyl)-. 63549–47–3 ...... Mercury, bis(acetato-.kappa.O)(benzenamine)-. 68201–97–8 ...... Mercury, (acetato-.kappa.O)diamminephenyl-, (T-4)-. 72379–35–2 ...... Mercurate(1-), triiodo-, hydrogen, compd. with 3-methyl2(3H)-benzothiazolimine (1:1:1). 7439–97–6 ...... Mercury. 7487–94–7 ...... Mercury chloride (HgCl2). 7546–30–7 ...... Mercury chloride (HgCl). 7616–83–3 ...... Perchloric acid, mercury(2+) salt (2:1). 7774–29–0 ...... Mercury iodide (HgI2). 7783–33–7 ...... Mercurate(2-), tetraiodo-, potassium (1:2), (T-4)-. 7783–35–9 ...... Sulfuric acid, mercury(2+) salt (1:1). 7783–39–3 ...... Mercury fluoride (HgF2). 7789–47–1 ...... Mercury bromide (HgBr2). 90–03–9 ...... Mercury, chloro(2-hydroxyphenyl)-. 94070–93–6 ...... Mercury, [.mu.-[(oxydi-2,1-ethanediyl 1,2benzenedicarboxylato-.kappa.O2)(2-)]]diphenyldi-.

The Agency received a comment U.S.C. 2607(b)(10)(B)) and to develop term storage; otherwise intentionally requesting an explanation for the identifications and recommendations to use mercury in a manufacturing process; Agency decision to not adopt the reduce the use of mercury (15 U.S.C. impurities present in a final product; definition for ‘‘mercury compound’’ 2607(b)(10)(C)); nonetheless, EPA commercial purposes; mercury-added used by the Minamata Convention (‘‘any believes the resulting reporting will products and components; and substance consisting of atoms of assist the United States in implementing ‘‘persons.’’ As described in Unit III.A., mercury and one or more atoms of other the Minamata Convention. the Agency did not define specific terms chemical elements that can be separated In regard to establishing a for purposes of the mercury inventory in into different components only by concentration limit for elemental the regulatory text. Instead, the Agency chemical reactions’’) (Ref. 8). Another mercury, the statutory text at TSCA considered and synthesized commenter requested that the Agency section 8(b)(10)(A)(i) uses the term descriptions of applicable definitions clarify whether there is a concentration ‘‘elemental mercury’’ without found in TSCA and implementing limit for classifying a material as qualification. Therefore, the Agency regulations, as well as the Minamata elemental mercury and if EPA intends believes that it is appropriate to identify Convention. to require parties to report the elemental mercury by use of its CASRN • Mercury Handled as Waste, manufacture or use of all mercury and without a concentration limit. Including Elemental Mercury Destined compounds, or only those that are listed for Long-Term Storage. EPA received B. Explanation of Supply, Use, and on the TSCA Inventory (Ref. 9). comments on reporting of mercury by Trade Consistent with the discussion in the facilities that certify that their stored proposed rule, the Agency did not 1. Overview of the Proposed Scope. elemental mercury will not be sold,1 define specific terms for purposes of the Pursuant to TSCA section 8(b)(10)(B), including instances where mercury is mercury inventory in the regulatory EPA interprets the scope of the mercury produced as a mining byproduct and is text. Instead, the Agency considered and inventory to include activities within managed as a hazardous waste (Ref. 10; synthesized descriptions of applicable the domestic and global commodity Ref. 11; Ref. 12). Other comments definitions found in TSCA and mercury market that fall under ‘‘supply, addressed imported mercury-containing implementing regulations, as well as the use, and trade of mercury in the United materials or wastes from which mercury Minamata Convention. To that end, EPA States.’’ An inventory that adequately can be recovered. Commenters proposed that ‘‘elemental mercury be accounts for mercury in supply, use, emphasized that any exemption should limited to elemental mercury (CASRN and trade includes activities of persons 7439–97–6) and mercury compounds be who must report as described in TSCA 1 Under section 6939f(g)(2) of the Resource inclusive of all instances where section 8(b)(10)(D)(i): Manufacture, Conservation and Recovery Act (RCRA) (42 U.S.C. import, and otherwise intentionally use 6939f(g)(2)), U.S. Department of Energy is required elemental mercury or a mercury to establish a facility by 2019 ‘‘for the purpose of compound is reacted with another mercury in a manufacturing process. As long-term management and storage of elemental chemical substance’’ (Ref. 3). In regard such, the Agency proposed that persons mercury generated within the United States.’’ Until to the definition of ‘‘mercury required to report to the mercury that facility is operational, the elemental mercury inventory also include information on can be stored at facilities with RCRA permits, or compound’’ set forth in the Minamata onsite at some mining operations that generate Convention, EPA finds the language in distribution in commerce, storage, and elemental mercury. In both cases, the facility is the proposed rule to be clear and export to provide for the requisite allowed to store elemental mercury waste (without comparable to the definition under the inventory of mercury supply, use, and regard to the RCRA prohibition on hazardous waste trade in the United States (Ref. 3). storage in lieu of treatment and disposal) until the Minamata Convention. EPA is therefore planned DOE facility is operational and accepts retaining its proposed characterization. 2. Comments Related to Terminology. elemental mercury for long-term management and EPA also provides an extensive, though The Agency received comments storage. All facilities or companies storing waste in not comprehensive, list of compounds requesting clarification of the this manner, whether in the mining sector or not, descriptions of various terms, including: are required to certify in writing to the DOE that for which reporting is required based on they will store the mercury under certain CASRN. EPA’s statutory obligations are Mercury handled as waste, including conditions set forth in RCRA, including not selling to prepare the mercury inventory (15 elemental mercury destined for long- the mercury.

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only apply to mercury that is clearly not process (see 15 U.S.C. 2607(b)(10)(C)(i) EPA believes the quantity of mercury intended to be used for commercial and (D)(i)), EPA believes that Congress used in the manufacturing process, how purposes (Ref. 10; Ref. 11). meant to emphasize instances where the mercury is used and for what EPA agrees with the commenters that persons intentionally introduce mercury purpose, to which NAICS code a final elemental mercury waste, whether into U.S. supply, use, and trade. As product is distributed, and to which generated from mining or another such, EPA agrees with commenters that, country(ies) the final product is process, that is being stored (or in the context of intentional use of exported provide adequate information accumulated on-site and destined for mercury in a manufacturing process, it about manufacturing processes that storage) for eventual transfer to the DOE is the intentional use of elemental involve the intentional use of mercury long-term mercury storage facility, mercury or a mercury compound for a to support the supply, use, and trade should not be subject to the reporting specific purpose (e.g., a catalyst, national inventory. Thus, the requirements because it is waste, which cathode, reactant, reagent, etc.) that unintentional quantity of mercury in is exempt from this rule in accordance triggers reporting requirements. The final products that result from such with TSCA section 8(10)(D)(iii). If any Agency also appreciates the suggestion processes is not required. Should the person manufactures elemental of how it might qualify persons and Agency need additional information mercury, including recovery from waste activities subject to reporting regarding any mercury present as an or as a byproduct from mining or any requirements by adding ‘‘intentional’’ in impurity, it may seek such information other activity, and has not made the applicable regulatory text. However, to from the reporter, as necessary. decision to store it for transfer to the the extent that terms in the regulatory Therefore, the Agency is not requiring DOE storage facility or to otherwise text are drawn from 15 U.S.C. 2602 and the reporting of impurities for the handle it as waste, then that person 2607(b)(10), the Agency prefers to align mercury inventory and revised the must report that mercury. The Agency with the statutory terms as much as regulatory text accordingly. considers such mercury to be a possible. EPA further clarified • Commercial Purposes. The Agency commodity, not waste, and, therefore, interpretations of these terms in this received a comment that requested part of the U.S. mercury supply. rule. Forthcoming support and outreach clarity on the use of ‘‘commercial EPA partially agrees with the materials, which will be available on the purpose,’’ particularly within the comment that any mercury available for EPA website six months prior to the context of the proposed rule preamble, sale or otherwise available for reporting deadline, also will attempt to which discussed certain byproducts and commercial use including incidentally illustrate such terms and issues. impurities the Agency proposed produced mercury should be captured • Impurities Present in a Final excluding from reporting (Ref. 11). in the inventory. Mercury produced as Product. The Agency received Another commenter suggested that a byproduct and sold or otherwise made comments regarding inconsistencies EPA’s intentions would be clearer if it available for commercial use, for related to if and how impurities would specified that to be reportable, the example by mines, must be reported be reported by persons who activities (e.g., manufacture, import, (unless managed as waste), even if it intentionally use mercury in a otherwise intentionally use mercury in may be considered incidentally manufacturing process. The commenters a manufacturing process) must be for produced. However, mercury that is argue that EPA’s proposal to not require commercial purposes (Ref. 10). present after the production of a reporting of impurities for manufactured In the proposed rule, the Agency commodity (e.g., coal ash or cement), mercury and mercury-added products is discussed its attempt to build on but serves no function in the final inconsistent with the requirement to existing regulatory text applicable to product, is not subject to reporting report impurities in end products that TSCA section 8 reporting (Ref. 3). TSCA requirements set forth by this rule. result from the intentional use of section 8(f) states ‘‘[f]or purposes of EPA agrees with the same commenter mercury in a manufacturing process [TSCA section 8], the terms that if mercury-containing materials or (Ref. 8; Ref. 15). The commenters ‘manufacture’ and ‘process’ mean waste are imported into the United opined that reporting mercury present manufacture or process for commercial States and the mercury is then as an impurity (i.e., reporting purposes.’’ Thus, EPA reads ‘‘for recovered from such materials/waste, unintentional presence) would be overly commercial purposes’’ to apply to the then this mercury must be reported burdensome, unreasonable, and would TSCA section 8(b)(10)(D)(i) terms upon recovery unless the mercury is not add any real value to the mercury ‘‘manufactures’’ (including imports) and immediately managed as waste under inventory (Ref. 8; Ref. 15). ‘‘otherwise intentionally uses mercury RCRA. An importer of such material or In the proposed rule, the Agency in a manufacturing process’’ (i.e., waste would only report the mercury if described impurities in regard to comparable to ‘‘process’’ as defined at it is the same entity that recovers the whether ‘‘such chemical substances are TSCA section 3(13)). mercury. intentionally generated and whether As used in 40 CFR 704.3, the terms • Otherwise Intentionally Use such substances are used for defined with ‘‘for commercial purposes’’ Mercury in a Manufacturing Process. commercial purposes.’’ In order to incorporate ‘‘. . . with the purpose of Commenters suggested that defining clarify, EPA finds the definition of obtaining an immediate or eventual ‘‘otherwise intentionally use mercury in ‘‘impurity’’ at 40 CFR 704.3 to be commercial advantage . . .’’ for certain a manufacturing process’’ in the instructive: ‘‘chemical substance which persons (e.g., manufacturers, importers, regulatory text would clarify reporting is unintentionally present with another and processors). In the proposed rule, requirements (Ref. 13) and requested chemical substance.’’ Thus, after the Agency described its rationale for that EPA limit ‘‘manufacturing process’’ reconsideration, the Agency determined instances where mercury would not be to the actual chemistry performed that to require reporting of amounts of reported by focusing on ‘‘whether such during such a process (Ref. 14). mercury unintentionally present in a chemical substances are intentionally In general, the Agency agrees with final product would contradict the logic generated and whether [byproducts and these comments. Notwithstanding set forth by the Agency regarding the impurities] are used for commercial differences in the statutory text (i.e., intentional addition of mercury where purposes’’ (Ref. 3). In the proposed ‘‘add’’ and ‘‘uses’’ in the context of how mercury remains present in the final regulatory text, however, EPA used a the mercury is used in a manufacturing product for a particular purpose (Ref. 3). structure that used both sets of terms in

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the same sentence (e.g., ‘‘purpose of distinguishing between mercury- is a mercury-added product is provided obtaining . . . commercial advantage’’ containing products involving chemical in Unit III.D.1.b. (must be reported) and ‘‘not used for synthesis, alloy generating, blending The example of the manufacture and commercial purposes’’ (not to be and mixing operations versus articles use of Thimerosal illustrates when reported)). Based on comments with mercury-containing components something is or is not a component. EPA received, the Agency amended the (Ref. 9); and whether the proposed agrees that only the domestic regulatory text to clarify this concept. exemption for imported products that manufacturer who intentionally adds The Agency determined that the terms contain a component that is a mercury- mercury to a product, or an importer ‘‘with the purpose of obtaining an added product would apply to exported who imports a product where mercury immediate or eventual commercial products (Ref. 18). (e.g., chemical substance) was inserted advantage’’ are more consistent with the In the proposed rule, EPA did not into the product, would report under statutory mandate at 15 U.S.C. define ‘‘mercury-added product,’’ but this rule; subsequent manufacturers 2607(b)(10)(C)(i) to ‘‘identify any provided examples of intentional (including importers) of products that manufacturing processes or products addition of mercury to a product by contain the original mercury-added that intentionally add mercury’’ persons who manufacture a mercury- product as a component would not (emphasis added). EPA believes such added product: ‘‘inserting mercury into report under this rule. Thimerosal is a terms (e.g., ‘‘with the purpose of a switch or battery, or mixing a mercury mercury compound (e.g., listed under obtaining’’) more accurately align with compound with other substances to CASRN 54–64–8 on EPA’s TSCA the Agency’s emphasis on the intent of formulate a topical antiseptic’’ (Ref. 3). Chemical Substance Inventory list), and persons required to report as opposed to In addition to the definition of is subject to reporting as a mercury ‘‘for commercial purposes.’’ In addition, ‘‘mercury-added product’’ in Article 2 of compound or, if intentionally combined the Agency interprets ‘‘commercial the Minamata Convention (i.e., ‘‘a with other substances, is subject to advantage’’ to extend to benefits beyond product or product component that reporting as a mercury-added product profits, such as not incurring additional contains mercury or a mercury because the mercury compound is being operational costs by continuing to use compound that was intentionally intentionally added to the product. mercury rather than use non-mercury added’’), EPA also considered IMERC’s Therefore, Thimerosal is not a substances or technologies. Thus, to be definition, which is ‘‘any formulated or component. required to report to the mercury fabricated product that contains • Persons. One commenter requested inventory, persons must intentionally mercury, a mercury compound, or a that the Agency specify the basis for engage in activities that introduce component containing mercury, when defining what ‘‘person’’ means in the mercury into supply, use, and trade in the mercury is intentionally added to context of who may be subject to the United States with the purpose of the product (or component) for any reporting (Ref. 19). EPA finds the obtaining an immediate or eventual reason.’’ The Agency sees merit in both definition at 40 CFR 704.3 to be commercial advantage. This definitions, but believes the definition instructive, in which a ‘‘person’’ interpretation and revised descriptions in the Minamata Convention is more includes ‘‘any individual, firm, of supply, use and trade activities are consistent with EPA’s interpretation of company, corporation, joint venture, discussed further in Unit III.B.5. the instruction at 15 U.S.C. partnership, sole proprietorship, In the regulatory text of the final rule, 2607(b)(10)(C)(i) to ‘‘identify any association, or any other business entity; therefore, the Agency omitted the use of manufacturing processes or products any State or political subdivision ‘‘commercial purposes’’ and clarified that intentionally add mercury.’’ The thereof; any municipality; any interstate how ‘‘with the purpose of obtaining an Agency is of the view that the body; and any department, agency, or immediate or eventual commercial manufacture (other than import) of a instrumentality of the Federal advantage’’ applies to activities for mercury-added product is the Government.’’ which reporting is required, as well as ‘‘intentional addition of mercury where 3. Requests for Exemptions or persons who must report. mercury remains present in the final Exclusions from Reporting. The Agency • Mercury-added Products and product for a particular purpose’’ (Ref. also received specific requests for Components. A commenter 3). In other words, the intentional exemptions from reporting to the recommended that the Agency adopt the addition of mercury is the essential act mercury inventory, including: Specific definition of the term ‘‘mercury-added by a manufacturer (other than importer) industry sectors (Ref. 16; Ref. 20; Ref. product’’ as set forth in the Minamata who makes a mercury-added product 21); specific activities (Ref. 22); use of Convention (Ref. 16), while another and, thus, triggers applicable reporting tools and equipment (Ref. 14); commenter requested that EPA clarify requirements. distribution of products originating from the distinction related to a ‘‘product that In regard to a ‘‘component,’’ EPA others (Ref. 9); replacement parts (Ref. contains a component that is a mercury- views this term as being similar to the 16; Ref. 17); recycled waste (Ref. 17); added product’’ (Ref. 17). Other definition of ‘‘article’’ in 40 CFR 704.3. and products excluded from the commenters requested clarifications, The Agency views the inclusion of a Minamata Convention on Mercury (Ref. such as: Whether certain uses of mercury-added product that is a 9). Given the level of specificity of such mercury qualified as a component that component within an assembled requests and explanation of Agency is a mercury-added product (Ref. 9; Ref. product differently from the act of determinations, these discussions are 13; Ref. 17); how reporting requirements intentionally inserting mercury (i.e., set forth in the Response to Comments would apply to manufacturers who first chemical substance) into the component document for this rule (Ref. 5). incorporate mercury into a product itself. As a result, the Agency is not 4. Exports of Certain Mercury versus subsequent manufacturers of requiring information to be reported on Compounds. In regard to certain exports products that contain the original the manufacture (including import) of of mercury, the Agency notes that the mercury-added product (e.g., the assembled products that include a export of elemental mercury has been manufacture or import of Thimerosal (a component that is a mercury-added prohibited since January 1, 2013 (15 mercury-containing preservative) and product. The Agency’s rationale for U.S.C. 2611(c)(1)) and therefore the the manufacture or import of a vaccine reporting requirements applicable to Agency is not requiring reporting on the containing Thimerosal) (Ref. 13); products that contain a component that export of elemental mercury from the

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United States. TSCA, as of January 1, • Manufacture (other than import) of chemical releases to air, water and land 2020, will also prohibit the export of a mercury-added product; or from industrial facilities and pollution certain mercury compounds: Mercury (I) • Intentional use of mercury in a prevention activities in the United chloride or calomel; mercury (II) oxide; manufacturing process. States; and mercury (II) sulfate; mercury (II) nitrate; In addition, the following activities • The U.S. International Trade and cinnabar or mercury sulphide (the are part of supply, use, and trade of Commission Interactive Trade DataWeb statute uses the term ‘‘mercury mercury: (USITC DataWeb), which provides U.S. sulphide’’ which is an alternative • Distribution in commerce, international trade statistics and U.S. spelling of ‘‘mercury sulfide’’ as found including domestic sale or transfer, of tariff data to the public. in Table 2) (15 U.S.C. 2611(c)(7)). mercury; After reviewing these reporting In the proposed rule, the Agency • Distribution in commerce, programs, EPA designed the reporting noted that the inventory would benefit including domestic sale or transfer, of requirements in this rule to be least from the recent totals of at least one mercury-added products or products burdensome for reporters already cycle of reporting prior to the effective that result from the intentional use of familiar with IMERC, CDR, TRI, and date of the prohibition for exporting mercury in a manufacturing process; USITC DataWeb protocols (Ref. 3). mercury compounds subject to TSCA • Storage of mercury; Therefore, the Agency is incorporating section 12(c)(7) to measure trends in • Export of a mercury compound comparable reporting concepts and tools supply, use, and trade and provide a (unless specifically prohibited); or from each program, as well as not baseline for comparison of the changes • Export of mercury-added products requiring reporting in certain instances in the amounts of other mercury or products that result from the to increase the efficacy while decreasing compounds exported after the 2020 intentional use of mercury in a the burden to the greatest extent effective date (Ref. 3). The Agency manufacturing process. practicable for reporting to a national received comments supporting the As described in greater detail in Unit mercury inventory. collection of such data: (1) To fulfill the III.D., persons must first engage in the 1. Reporting Requirements for express Congressional mandate to manufacture (including import) of Existing CDR and IMERC Reporters. The provide data on trade; (2) to determine mercury or mercury-added products or Agency received several comments the precise impact of the mercury otherwise intentionally use mercury in related to persons who submit mercury- compound export ban and associated a manufacturing process to be required related information to the Chemical trends, which would allow EPA to to report to the mercury inventory. Data Reporting database or the IMERC Mercury-added Products Database. In recommend whether the export ban C. Coordination With Existing Reporting regard to reporting requirements should be further expanded to other Programs compounds; and (3) to uphold applicable to both CDR and IMERC obligations of the United States under TSCA section 8(b)(10)(D)(ii) directs reporters, two commenters identified the Minamata Convention (Ref. 11; Ref. the Agency to ‘‘coordinate the reporting discrepancies (e.g., non-alignment of 12). Thus, the Agency requires one-time . . . with the Interstate Mercury reporting year/frequency and efforts to reporting for those five compounds. Education and Reduction prohibit duplicative reporting) in the Conversely, reporting for exports of Clearinghouse’’ to avoid duplication. Agency’s bifurcated reporting mercury compounds that are not Furthermore, TSCA section 8(a)(5)(a) requirements for persons currently prohibited from export by TSCA section states ‘‘[i]n carrying out [TSCA section required to report to the IMERC 12(c)(7) is required for every collection 8], the Administrator shall, to the extent Mercury-Added Products Database and period. EPA previously determined that feasible . . . not require reporting under the CDR rule, and those who are mercury-added products (including which is unnecessary or duplicative.’’ not (Ref. 11; Ref. 12). Another those containing elemental mercury or The Agency seeks to avoid collecting commenter expressed concerns mercury compounds prohibited from data on mercury that would duplicate regarding the non-alignment of EPA and export) generally are not prohibited information already reported to existing IMERC reporting years (Ref. 23). Some from export and, therefore, are subject to state and federal programs, and to commenters argued that reporting such the reporting requirements set forth in coordinate with and complement those information to multiple systems would this rule. reporting programs as much as possible. not be economically burdensome 5. Revised Descriptions of Supply, Use While developing this rule (Ref. 3), EPA because the costs are relatively small and Trade Activities. Based on reviewed four data collection systems and would not be duplicative because comments received and the discussion applicable to supply, use, and trade of the reporting to different systems would presented elsewhere in Unit III.D., EPA mercury (including mercury-added occur in different years (Ref. 11; Ref. modified the specific descriptions of products and mercury used in 12). Of particular concern to one supply, use, and trade activities to more manufacturing processes): commenter was a possible negative accurately reflect the language of TSCA • The IMERC Mercury-added impact on the accuracy of the mercury section 8(f) and the Agency’s Products Database, an online reporting inventory and the EPA’s ability to make interpretation of the statutory mandate database managed by the Northeast recommendations to reduce the use of at TSCA section 8(b)(10)(C)(i). Thus, the Waste Management Officials’ mercury (Ref. 11). Conversely, two Agency is requiring reporting of the Association (NEWMOA), which commenters supported the proposed following activities when intentionally provides publicly available, national approach to not require reporting from undertaken to introduce mercury into data on mercury used in products; persons reporting comparable supply, use, and trade in the United • The TSCA section 8(a) Chemical information to IMERC, although one States with the purpose of obtaining an Data Reporting rule, which collects commenter also supported alignment of immediate or eventual commercial manufacturing, processing, and use the reporting years and requested that advantage: information on certain chemical EPA codify a full exemption for • Import of mercury; substances manufactured (including manufacturers, including importers, that • Manufacture (other than import) of imported) in the United States; already report to IMERC (Ref. 17; Ref. mercury; • The Toxics Release Inventory (TRI) 24). Finally, the Agency received • Import of a mercury-added product; program, which collects data on toxic comments recommending that EPA

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adopt IMERC’s submission deadline for TSCA section 8(a)(5). The Agency’s goal agencies (e.g., pharmaceuticals) (Ref. reporting (April 1, 2020 and every three is to create a ‘‘comprehensive inventory 13). The commenter cited drugs, as years thereafter) (Ref. 9; Ref. 18; Ref. 23; such that existing data gaps would be regulated by FDA, and animal vaccines, Ref. 24). Such issues are discussed in eliminated, where feasible [and] . . . as regulated by the U.S. Department of greater detail in the Response to complement amounts of quantitative Agriculture (USDA), and noted that Comments document for this rule (Ref. mercury data already collected by, but FDA and USDA regulations already 5). without overlapping with, reporting require reporting information regarding As discussed in the proposed rule, requirements,’’ as well as ‘‘decrease the the use of mercury in these products EPA cited TSCA section 8(a)(5)(A) as a burden of reporting to the greatest and, therefore, should not be collected basis for avoiding the collection of data extent practicable’’ (Ref. 3). These goals by EPA. that duplicated information already are guided by statutory mandates not The Agency disagrees. While these reported to the four data collection only in TSCA section 8(b)(10), but also agencies may regulate mercury, they do systems applicable to the supply, use, in TSCA section 8(a)(5). Thus, while not collect the data necessary to support and trade of mercury: IMERC, CDR, TRI, recognizing that there is a non- the national inventory required by and USITC DataWeb (Ref. 3). The alignment of CDR and IMERC reporting TSCA section 8(b)(10). As such, EPA Agency considered multiple, existing years, the Agency believes does not view the reporting reporting systems that gather supplementing data reported through requirements to be duplicative of the comparable data related to mercury this rule with data from CDR and requirements highlighted by the pursuant to statutory text (15 U.S.C. IMERC creates a totality of available commenter and, therefore, is not 2607(a)(5)(A)). EPA also considered data that will provide an adequate basis exempting reporting of such uses of provisions of TSCA section 8(a)(5) that to observe long-term trends in mercury mercury. direct the Agency to ‘‘minimize the cost supply, use, and trade. As such, the D. Persons and Information Subject to of compliance with this section and the Agency determined that requiring This Rulemaking rules issued thereunder on small reporting for comparable data to two manufacturers and processors; and . . . systems would be duplicative even if TSCA section 8(b)(10)(D)(i) states apply any reporting obligations to those the CDR and IMERC data represent ‘‘any person who manufactures mercury persons likely to have information information from different years. or mercury-added products or otherwise relevant to the effective implementation Therefore, requiring duplicative data to intentionally uses mercury in a of this subchapter’’ (15 U.S.C. be reported from reporters who also manufacturing process shall make 2607(a)(5)(B) and (C)). In regard to report to CDR and IMERC would result periodic reports to the Administrator.’’ comments arguing that requiring in additional burden and is As explained in Unit III.B., EPA reporting for comparable data in two unnecessary. interprets the statutory text at TSCA different systems is not duplicative if Finally, EPA understands the interest sections 8(b)(10)(B), 8(b)(10)(D)(i), and the reporting occurs in different years, in aligning with IMERC’s submission 8(b)(10)(D)(iii) as applying to intentional the Agency maintains that this is a deadline. However, the statutorily acts that introduce mercury into supply, duplication of effort and EPA does not mandated publication date for the use, and trade in the United States. EPA agree with the commenters’ argument mercury inventory was April 1, 2017 reads TSCA section 8(b)(10)(D)(i) to that the addition or avoidance of burden and every three years thereafter, which narrow potential reporters to persons is not significant if it is relatively small. falls on IMERC’s data submission date. who first manufacture mercury or The language at TSCA section 8(a)(5) EPA has a legal responsibility to publish mercury-added products or otherwise directs the Agency avoid duplicative on or before the date set forth in TSCA intentionally use mercury in a reporting and reduce burden ‘‘to the section 8(b)(10)(B), which means that manufacturing process prior to other extent feasible.’’ Because EPA is able to EPA must publish the inventory on or activities such as storage, distribution, obtain comparable data via EPA’s CDR before the day IMERC reporters must and export. Descriptions of persons who program or in coordination with IMERC, submit data to IMERC. While mindful of must report under this rule and tables the Agency finds not requiring the incongruities in reporting frequency and illustrating applicable reporting reporting of overlapping reporting to the years, EPA believes that the reporting requirements are detailed in Unit III.D.1. mercury inventory to be a feasible schedule and achieve this goal to the 1. Persons Who Must Report. In approach. To the extent that data greatest extent practicable. As a result, addition to persons described in the elements may not align per differences the reporting requirements, including following subsections and tables, EPA in reporting years and frequency, the efforts to incorporate data collected by will provide examples of persons who Agency does not view such CDR and IMERC while avoiding overlap will and will not be required to report discrepancies to be prohibitive of its among CDR and IMERC data elements, under this regulation in reporting ability to carry out statutory obligations will enhance its ability to collect and instructions and other support at TSCA sections 8(b)(10)(B) and (C). publish robust data on mercury supply, materials. Based on comments received, the use, and trade in the United States (15 a. Persons Who Manufacture Agency is clarifying that a person who U.S.C. 2607(b)(10)(B)) and to ‘‘identify (Including Import) Mercury. As currently reports to CDR or IMERC is any manufacturing processes or described in Unit III.C., the Agency not categorically exempt from the products that intentionally add sought to decrease the burden of mercury inventory reporting mercury; and . . . recommend actions, reporting to the greatest extent requirements set forth in this rule. including proposed revisions of Federal practicable by, among other things, Instead, the bifurcated reporting law or regulations, to achieve further complementing without overlapping structure is designed to omit only those reductions in mercury use’’ (15 U.S.C. existing reporting requirements related quantitative data elements already 2607(b)(10)(C)). to mercury and mercury-added collected by CDR and IMERC to avoid 2. Reporting Requirements for products. As such, persons who duplication in the collection, Products Regulated by Other Federal manufacture (including import) in calculation, verification, review, Agencies. One commenter requested excess of 2,500 lbs. for elemental certification, reporting, and that EPA not require reporting for uses mercury or in excess of 25,000 lbs. for maintenance of records pursuant to of mercury regulated by other federal mercury compounds for a specific

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reporting year are not required to report distribution in commerce, as well as burdens, the Agency will provide pre- amounts manufactured (including qualitative and contextual information selected lists of mercury compounds to imported) or exported that are already related to all applicable data elements streamline reporting requirements as reported per the CDR rule. Such under the proposed rule (see Table 3. much as possible. persons, however, are required to Information to Report—Mercury). In provide quantitative data on storage and further efforts to decrease reporting

TABLE 3—INFORMATION TO REPORT—MERCURY

Persons who must report Applicable reporting requirements

Persons who manufacture (including import) mercury in amounts great- —Country(ies) of origin for imported mercury. er than or equal to 2,500 lbs. for elemental mercury or greater than —Country(ies) of destination for exported mercury. or equal to 25,000 lbs. for mercury compounds for a specific report- —Amount of mercury stored (lbs.). ing year (i.e., current CDR reporters). —Amount of mercury distributed in commerce (lbs.). —NAICS code(s) for mercury distributed in commerce. All other persons who manufacture (including import) mercury ...... —Amount of mercury manufactured (lbs.). —Amount of mercury imported (lbs.). —Country(ies) of origin for imported mercury. —Amount of mercury exported (lbs.), except mercury prohibited from export at 15 U.S.C. 2611(c)(1) and (7). —Country(ies) of destination for exported mercury. —Amount of mercury stored (lbs.). —Amount of mercury distributed in commerce (lbs.). —NAICS code(s) for mercury distributed in commerce. —As applicable, specific mercury compound(s) from preselected list.

b. Persons Who Manufacture or assembled products that contain a product) (Ref. 9; Ref. 13; Ref. 17; Ref. 18; Import Mercury-added Products. EPA component that is a mercury-added Ref. 26). Commenters requesting that the proposed to require reporting for the product, the Agency also considered the Agency require reporting for products manufacture (including import) of degree to which certain importers that contain a component that is a mercury-added products, except for: (1) would know the mercury content, if mercury-added product believe that the Import of an assembled product that any, of the assembled products they proposed approach would contains mercury solely within a import, as well as the additional underestimate mercury use in products component that is a mercury-added breadth, and therefore burden, that and hamper EPA’s ability to fill data product; and (2) domestic manufacture including such imports at this time gaps and make further of an assembled product unless the would entail. The Agency notes that its recommendations for mercury person first manufactures or imports the specific reporting requirements (see reductions. The commenters also argued mercury-added product that can be used Unit III.D.4.b.) include mercury-added that not requiring reporting for products as a component. The Agency products that are likely to be used as that contain mercury-added components determined that this distinction was components in assembled products. As is neither authorized by nor consistent appropriate after reviewing the data discussed in this section, EPA’s with the purpose of the statute and is reported to the IMERC Mercury-Added combined general, specific, and inconsistent with IMERC and Minamata Products Database and comparing the contextual reporting requirements are Convention definitions of ‘‘mercury- companies that reported national sales designed not only to provide added product.’’ Such issues are data for individual mercury-added information that are expected to identify discussed in greater detail in the products (including components), as mercury-added products that are Response to Comments document for well as items that contain a component components within assembled products, this rule (Ref. 5). that is a mercury-added product (Ref. but also to avoid unnecessary, The statutory text describes who must 25). For example, the IMERC database duplicative, and burdensome reporting report to the mercury inventory: ‘‘any lists a product name (e.g., flat panel as much as feasible (15 U.S.C. person who manufactures mercury or display, projection TV, make and model 2607(a)(5)). mercury-added products or otherwise of vehicle) and component (e.g., lamp, The Agency received comments intentionally uses mercury in a bulb). In the proposed rule, the Agency related to instances where mercury is manufacturing process . . . at such time cited concerns that requiring reporting present in a product as a component and including such information as the for assembled products where mercury that is a mercury-added product. Some Administrator shall determine by rule’’ is present solely within a previously commenters requested that the Agency (15 U.S.C. 2607(b)(10)(D)(i)). In addition manufactured component would result require reporting for the manufacture to the development of the inventory in double counting and thereby could (including import) of such products itself (15 U.S.C. 2607(b)(10)(B)), the negatively affect the reliability of future (Ref. 11; Ref. 12; Ref. 20; Ref. 23), while Agency interprets the ultimate purpose mercury inventory updates, as well as other commenters supported the of the inventory as identifying the potential to create undue burden for proposed approach to not require such manufacturing processes or products certain importers (Ref. 3). The Agency reporting (e.g., advanced manufacturing that intentionally add mercury and based this determination on its equipment that contains components recommending actions to achieve emphasis on the intentional insertion of that are mercury-added products and further reductions in mercury use (15 mercury into a product as the supply chains where the mercury-added U.S.C. 2607(b)(10)(C)). When introduction of mercury via a mercury- product may be incorporated into developing this rule, the Agency added product into supply, use, and several iterations of other components considered statutory requirements trade in the United States. For imported before being used in a final assembled applicable to all of TSCA section 8:

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Prohibition of ‘‘unnecessary or importer may not know that a associated with the types of imported duplicative’’ reporting (15 U.S.C. component of the car contains mercury. assembled products that may contain 2607(a)(5)(A)) and minimization of the Since the import is the manufacture for such components. For example, the cost of compliance for small purposes of TSCA, the product arguably Agency can use NAICS codes reported manufacturers and processors (15 U.S.C. is not a product to which mercury has for domestically-manufactured 2607(a)(5)(B)). Thus, EPA will carry out intentionally been added per TSCA assembled products to better understand an inventory and require reporting section 8(b)(1)(C)(i) for this reason as the specific types of imported consistent with the statute that avoids well. assembled products that may contain duplication of information already The addition of a mercury-added mercury within a component part. In reported to existing state and federal product as a component to a more this context, the reporting requirements programs and avoids unnecessary complex, assembled product does not can enhance the understanding of reporting burdens. change the nature or the quantity of mercury supply, use, and trade in the TSCA section 8(b)(10)(C)(i) mandates mercury within the component, and, for United States while helping to minimize that in carrying out the inventory, EPA a product assembled domestically, the cost of compliance for importers of must ‘‘identify any manufacturing would result in the double counting of assembled products. processes or products that intentionally that specific quantity of mercury since The baseline direction from Congress add mercury.’’ Some commenters EPA would receive reports both on the was to identify products that suggested that the statute requires EPA manufacture of the component and the intentionally add mercury. EPA to collect information on all products manufacture of the assembled product. concludes this is best done, at this stage, that contain mercury, including those Even without receiving reports from by requiring reporting only from the that contain mercury only because they manufacturers of assembled products, manufacturers who initially insert include a mercury-added product as a EPA can glean information about types mercury into products and importers of component. EPA interprets the statutory of mercury-added products from the mercury-added products that may be text to only require the identification of reports by manufacturers/importers of used as components in assembled the types of products where mercury is mercury-added products, which can be products, but not assembled products intentionally added such that EPA used as components. The information themselves. EPA is not requiring a would be able to make reported on NAICS codes by a person reporter who manufactures (including recommendations for reducing such use. who manufactures (or imports) mercury- imports) mercury components to Based on its review of the information added products that can be used as available in the IMERC database (Ref. components (e.g., mercury-added lamp), identify whether or how the mercury- 25), EPA believes that it will be able to can be used to help the Agency identify added product is used as a component; identify the various types of mercury- the types of domestically manufactured instead, EPA intends to use NAICS added products where mercury is assembled products (e.g., light truck and codes to identify such uses. By design, intentionally added (e.g., mercury- utility vehicle manufacturing (NAICS the general reporting requirements first added lamps) without requiring the code 336112)) likely to contain identify the total quantity of mercury in reporting on the manufacture of more components that are mercury-added products manufactured (other than complex products where mercury is products. Thus, the full set of reporting imported), distributed in commerce, or contained within a component (e.g., requirements work together to account exported for a reporting year (i.e., vehicle containing mercury-added lamp for and describe mercury supply, use, prioritize reporting on the amounts of in headlight). and trade in the United States, while mercury in supply, use, and trade In identifying products where avoiding unnecessary or duplicative activities (see Unit III.B.5.)). Thereafter, mercury is intentionally added, the reporting. specific and contextual reporting Agency interprets the statute as giving it With respect to imports, based on the requirements (e.g., the category/sub- discretion over what information it may Agency’s review of the information category of mercury-added products and require to be reported, including from available in the IMERC database (Ref. NAICS code(s) for manufacturing certain manufacturers and types of 25) and its rationale set forth in the categories, and countries of origin and products. TSCA section 8(b)(10)(D)(i) preceding paragraph, EPA believes that destination for imports and exports) requires periodic reports to assist in the the reporting requirements similarly further illustrate how reported preparation of the inventory ‘‘at such will enable it to identify the types of quantities of mercury move through time and including such information as mercury-added products imported into supply, use, and trade. EPA believes the Administrator shall determine by the United States (i.e., both mercury- this is appropriate because it can collect rule.’’ EPA has determined that added products that can be used as quantitative data from persons who fulfilling the mandate to identify components and those assembled report for domestic manufacture and products that intentionally add mercury products that contain a mercury-added import of mercury-added products that and make recommendations to achieve component). Reporting is required for can be used as components, and use reduction in mercury use does not the import of mercury-added products contextual (i.e., qualitative) reporting to require reporting for assembled that can be used as components in better understand how those products, as EPA is not convinced that assembled products. This will give EPA components are incorporated into all products that contain a component a clearer understanding of the types of assembled products. The Agency could, that is a mercury-added product should components that exist along with as appropriate, use such domestic be viewed as ‘‘products that information on the quantity of mercury quantitative data in concert with other intentionally add mercury.’’ For in those components. While reporting is available data on imported assembled example, a domestic automobile not required on the import of assembled products in a specific product category manufacturer may not know that a products that contain mercury-added to draw comparisons and, should they component of the car contains mercury components, the reporting requirements be relevant, focus recommendations for and arguably, therefore, has not and data collected from manufacturers/ reducing mercury for both domestic and intentionally added mercury to the car importers of mercury products that can foreign assembled products. Even if this for the purposes of TSCA section be used as components are expected to approach is not able to directly account 8(b)(10)(C)(i). Similarly, an automobile help alleviate the uncertainties for amounts of mercury within the

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mercury-added products that are in the manufacture, import, and export manufactured, distributed, or imported. components of assembled products, the of many mercury-added products that The Agency considers the amount of Agency determined that its ability to are commonly used as components in mercury reported to IMERC as sold to be identify categories—and potentially products, discourage the use of such comparable to the amount of mercury to more specific types—of assembled products as components, and generally be reported under the rule as distributed products will allow it to satisfy increase the knowledge of in commerce. As such, EPA is not mandates at TSCA sections 8(b)(10)(B) manufacturers, importers, exporters, requiring persons who report to IMERC and (C). While a reporter would not be and consumers regarding the types of to report amounts of mercury required to identify whether or how the assembled products that contain distributed in commerce in mercury- mercury-added product is used as a components that are mercury-added added products. However, those persons component, the reporting requirements products. EPA will evaluate whether must report quantitative and qualitative should provide ample information to this expected downward trend comes to information for other applicable data shed light on the use of the mercury, to fruition by monitoring trends in the elements (e.g., manufacture, import, and satisfy the mandate to identify products importation of mercury components and export of mercury-added products). that intentionally add mercury, its described approach to better including components being understand the types of domestically- Such persons are also required to report manufactured domestically and manufactured and imported assembled contextual information applicable to imported, and allow EPA to products that may contain mercury in a amounts, if any, of mercury in mercury- ‘‘recommend actions [. . .] to achieve component part. As necessary, the added products manufactured, further reductions in mercury use’’ Agency will use such data to consider imported, distributed in commerce, or including recommendations related to modifying reporting requirements or to exported (see Table 4. Information to products containing mercury recommend appropriate actions to Report—Mercury-Added Products). In components (15 U.S.C. reduce the use of mercury. further efforts to decrease reporting 2607(b)(10)(C)(ii)). As described in Unit III.C., persons burdens, the Agency will provide pre- EPA is mindful that the global who report to IMERC identify the selected lists of mercury-added product implementation of the Minamata amount of mercury sold in mercury- categories to streamline reporting Convention should result in a decrease added products that may be requirements as much as possible.

TABLE 4—INFORMATION TO REPORT—MERCURY-ADDED PRODUCTS

Persons who must report Applicable reporting requirements

Persons who manufacture (including import) mercury-added products, —Amount of mercury in manufactured products (lbs.). except a product that contains a component that is a mercury-added —Amount of mercury in imported products (lbs.). product, who currently report to IMERC. —Country(ies) of origin for imported products. —Amount of mercury in exported products (lbs.). —Country(ies) of destination for exported products. —NAICS code(s) for products distributed in commerce. —As applicable, specific product category(ies) and subcategory(ies) from pre-selected list. All other persons who manufacture (including import) mercury-added —Amount of mercury in manufactured products (lbs.). products, except a product that contains a component that is a mer- —Amount of mercury in imported products (lbs.). cury-added product. —Country(ies) of origin for imported products. —Amount of mercury in exported products (lbs.). —Country(ies) of destination for exported products. —Amount of mercury in products distributed in commerce (lbs.). —NAICS code(s) for products distributed in commerce. —As applicable, specific product category(ies) and subcategory(ies) from pre-selected list.

c. Persons Who Otherwise because the reporting requirements for in Unit III.D.1.b., the combination of Intentionally Use Mercury in a the mercury inventory differ from those general, specific, and contextual Manufacturing Process. As described in programs, EPA does not view the reporting requirements will assist the Unit III.B., TSCA section 8(b)(10)(D)(i) reporting requirements to be duplicative Agency to adequately ‘‘identify any includes persons who intentionally use or unnecessary. As such, the general, processes . . . that intentionally add mercury in a manufacturing process specific, and contextual reporting mercury’’ 15 U.S.C. 2607 8(b)(10)(C)(i). amongst those who must report. The requirements are intended to provide a In further efforts to decrease reporting Agency believes that persons who complete picture of uses for which little burdens, the Agency will provide pre- otherwise intentionally use mercury in information is currently available (see selected lists of manufacturing a manufacturing process may currently Table 5. Information to Report— processes and attendant uses of mercury report to existing data collection Otherwise Intentional Use of Mercury in to streamline reporting requirements as programs in the United States, but a Manufacturing Process). As discussed much as possible.

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TABLE 5—INFORMATION TO REPORT—OTHERWISE INTENTIONAL USE OF MERCURY IN A MANUFACTURING PROCESS

Persons who must report Applicable reporting requirements

Persons who otherwise intentionally use mercury in a manufacturing —Amount of mercury intentionally used (lbs.) in pre-selected list of process, other than the manufacture of a mercury compound or a manufacturing processes. mercury-added product. —Amount of mercury stored (lbs.). —Country(ies) of destination for exported final product(s). —NAICS code(s) for mercury in final product(s) distributed in com- merce. —As applicable, specific manufacturing process from preselected list. —As applicable, specific use of mercury in manufacturing process from pre-selected list.

2. Persons Not Required to Report. product into equipment) may not be persons in reporting instructions and The Agency received various comments captured with this structure. However, other support materials. requesting clarification of persons who the Agency believes that focusing on the v. Manufacture or Import of a Product would not be required to report to the initial introduction of mercury to the that Contains a Component that is a mercury inventory. market prevents the possibility of Mercury-added Product. EPA maintains i. Persons Who Do Not First double counting or undue burden (see that requiring reporting on the use of a Manufacture, Import, or Otherwise 15 U.S.C. 2607(a)(5)(A and B)) which mercury-added product as a component Intentionally Use Mercury. EPA could occur if entities that do not first in the manufacture (other than import) determined that persons who only trade introduce mercury to supply, use, and of another product for a person who did (e.g., brokering, selling wholesale, trade were required to report to the not first manufacture (other than shipping, warehousing, repackaging, or inventory. EPA revised the regulatory import) the mercury-added product retail sale), but do not manufacture or text in the final rule to improve clarity. would constitute double counting. The import mercury or mercury-added ii. Persons Who Generate, Handle, or Agency’s rationale is explained in detail products, should not be subject to the Manage Mercury-containing Waste. in Unit III.D.1.b. To the extent that the proposed reporting requirements (Ref. Persons ‘‘engaged in the generation, Agency is not requiring persons who 3). Aside from its reading of TSCA handling, or management of mercury- import products that contain a section 8(b)(10)(D)(i), the Agency is containing waste, unless that person component that is a mercury-added concerned that requiring reporting from manufactures or recovers mercury in the product to report, the reporting such entities risks: (1) Double counting management of that waste’’ are not requirements do not prevent the of mercury as it moves through supply required to report to the mercury identification of such products. The chains; and (2) undue burden or liability inventory (15 U.S.C. 2607(b)(10)(D)(iii)). decision to not require reporting on on entities that are not likely to be EPA interprets the statute here to mean such products also will not prevent the aware if or how mercury is present in for immediate or eventual commercial Agency from making recommendations products that they trade. Several purposes (see also ‘‘Mercury Handled as ‘‘to achieve further reductions in commenters requested clarifications Waste, Including Elemental Mercury mercury use’’ (15 U.S.C. regarding this determination, including Destined for Long-Term Storage’’ in 2607(b)(10)(C)(ii)). In order to clarify modifications to ensure that the Unit III.B.2). EPA will provide examples and streamline reporting requirements exclusion will not result in transactions of such persons in reporting instructions related to products that contain a involving mercury that go unreported and other support materials. component that is a mercury-added within the context of supply, use, and product, the Agency modified the trade and to prevent duplicative iii. Persons Who Manufacture structure of the regulatory text in this reporting by focusing on products Mercury as an Impurity. Persons who final rule. In addition, EPA will provide traded instead of the persons engaged in manufacture (including import) mercury examples of such persons in reporting trade (Ref. 11; Ref. 12). Another as an impurity are not required to report instructions and other support commenter suggested that such an to the mercury inventory (see also materials. Those materials will be exemption should not apply to any ‘‘Impurities Present in a Final Product’’ available on the EPA website six months persons that would be defined as a in Unit III.B.2.). EPA will provide prior to the reporting deadline. manufacturer, importer, or exporter examples of such persons in reporting 3. Reporting Units and Threshold. As (Ref. 12). instructions and other support discussed in Unit III.C., the Agency EPA interprets the statutory text on materials. compared existing state and federal who should report at 15 U.S.C. iv. Persons Engaged in Activities reporting databases applicable to the 2607(b)(10)(D)(i) as applicable to Involving Mercury Not with the Purpose supply, use, and trade of mercury. EPA ‘‘intentional acts that introduce mercury of Obtaining an Immediate or Eventual conducted this review in an attempt not into supply, use, and trade in the United Commercial Advantage. Persons who do only to eliminate duplicative reporting States.’’ EPA specified in the proposed not manufacture (including import) requirements, but also to incorporate rule that this applies to ‘‘persons who mercury or mercury-added products or applicable features of such programs, first manufacture mercury or mercury- otherwise intentionally use mercury in including the consideration of added products or otherwise a manufacturing process with the respective reporting thresholds. intentionally use mercury in a purpose of obtaining an immediate or The statutory text at TSCA section manufacturing process’’ (emphasis eventual commercial advantage are not 8(b)(10) is silent on a reporting added) (Ref. 3). EPA recognizes that required to report to the mercury threshold; however, TSCA section certain transactions (e.g., resale, inventory (see also ‘‘Commercial 8(b)(10)(C) directs the Agency to incorporation of a purchased Purposes’’ in Unit III.B.2.). In addition, ‘‘identify any manufacturing processes component that is a mercury-added EPA will provide examples of such or products that intentionally add

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mercury.’’ Based on: (1) The mercury. However, to address the i. Importers of mercury: Amount of interpretation that the direction to concerns expressed, and as an mercury imported per year (lbs.); ‘‘identify any’’ applies to any amount of alternative to a reporting threshold, EPA Amount of mercury stored per year mercury in a manufacturing process or accepts the suggestions of commenters (lbs.); Amount of mercury distributed in product; and (2) concerns related to the to offer a minimum unit. Any person commerce per year (lbs.); Amount of potential adverse effects on human that manufactures (including imports) mercury exported per year (lbs.). health and the environment resulting mercury or mercury-added products or ii. Manufacturers (other than from releases of mercury, EPA proposed any person that otherwise intentionally importers) of mercury: Amount of to apply the reporting requirements to uses mercury in a manufacturing mercury manufactured (other than any person who manufactures process in an amount equal to or less imported) per year (lbs.); Amount of (including imports) mercury or than one pound during a reporting year mercury stored per year (lbs.); Amount mercury-added products or otherwise would be directed to round amounts of of mercury distributed in commerce per intentionally uses mercury in a mercury to ‘‘1 lb.’’ Because the Agency year (lbs.). Amount of mercury exported manufacturing process regardless of the is not requiring reporting for impurities per year (lbs.). amount of mercury at issue (Ref. 3). (see also ‘‘Impurities Present in a Final iii. Importers of a mercury-added The Agency received comments in Product’’ in Unit III.B.2.), EPA believes product: Amount of mercury in support of the proposal to not establish the suggested parts per million unit of imported products per year (lbs.); a de minimis threshold for reporting measurement associated with impurities Amount of mercury in products (Ref. 11; Ref. 12; Ref. 23), as well as is no longer applicable. In instances distributed in domestic commerce per comments suggesting EPA establish where persons subject to the reporting year (lbs.); Amount of mercury in minimum units for which persons requirements may be using mercury in exported products per year (lbs.). should report and a threshold under small amounts on a per unit basis, the iv. Manufacturers (other than which persons should not report to the Agency will provide additional importers) of a mercury-added product: mercury inventory (Ref. 15; Ref. 21; Ref. examples in reporting instructions and Amount of mercury in manufactured 24; Ref. 26; Ref. 27). Specific support materials designed to assist (other than imported) products per year recommendations from commenters reporters. Those materials will be (lbs.); Amount of mercury in products included: a minimum reportable value available on the EPA website six months distributed in commerce per year (lbs.); of 1 pound (Ref. 27), parts per million prior to the reporting deadline. Amount of mercury in exported amounts for impurities (Ref. 15), and 4. Reporting Requirements. TSCA products per year (lbs.). less than 1 kilogram for an annual total section 8(b)(10)(B) sets the general scope v. Persons who intentionally use for certain activities (Ref. 28). of the inventory as the ‘‘mercury supply, mercury in manufacturing processes: Commenters also expressed concerns use, and trade in the United States.’’ Amount of mercury used in a with the reasonableness and burden EPA interprets the core elements to be manufacturing process per year (lbs.); associated with being able to detect, as covered in the mercury inventory to be Amount of mercury stored per year well as calculate annual totals, for trace the amount of mercury used in the (lbs.). amounts of mercury in certain products activities within the mercury market EPA understands that certain persons and processes (Ref. 15; Ref. 24). Finally, described in Unit III.B. (i.e., may report for multiple activities commenters recommended that manufacture, import, export, storage, associated with supply, use, and trade reporting thresholds be established in distribution in commerce, and of mercury. For example, a person may SI/metric units due to prevalent market otherwise intentional use of mercury in import mercury and manufacture practices for identifying mercury a manufacturing process). EPA also mercury-added products. As such, the content in products and for greater determined that, for certain data Agency is designing the quantitative consistency with IMERC reporting elements, requiring reporting of more data elements for reporting requirements (Ref. 18; Ref. 23). specific information would help to requirements such that a person could EPA appreciates the suggestion to better contextualize reported quantities report both as an ‘‘importer of mercury’’ offer multiple/alternative units of of mercury used in domestic and global and ‘‘manufacturer of mercury-added measurement for reporting amounts of supply, use, and trade. The general, products,’’ but only report for the mercury. However, EPA believes that specific, and contextual reporting specific activity in which they engage. the pound (lb.) as a unit of measurement requirements are described in this The Agency expects there may be is the best choice based on it being a section. certain persons engaged in the supply, unit familiar to most potential reporters a. General Reporting Requirements. use, and trade of mercury who might and consistent with the reporting EPA considers ‘‘supply’’ to include not be accounted for in the inventory, provided by IMERC, CDR, and TRI. The manufacture and storage, ‘‘use’’ to but EPA views this omission of reporting application is designed such include otherwise intentional use of prospective reporters as an opportunity that persons seeking to report amounts mercury in a manufacturing process, to limit undue burden and avoid double equal to or less than one pound during and ‘‘trade’’ to include import, export, counting. Thus, the Agency is limiting a reporting year would be directed to and distribution in commerce. The the persons who must report at TSCA round amounts of mercury to ‘‘1 lb.’’ Agency determined that accounting for section 8(b)(10)(D)(i) to only those In regard to a reporting threshold, such activities is necessary to fulfill persons described in Unit III.D. EPA understands that certain persons statutory mandates at TSCA sections b. Specific Reporting Requirements. may use small amounts of mercury over 8(b)(10)(B) and (C). Therefore, for To better understand the categories of the course of a reporting year, but persons required to report (as described mercury-added products and otherwise believes that it is not appropriate to in Unit III.D.), EPA is requiring intentional use of mercury in a establish a de minimis threshold. As reporting quantitative data for mercury, manufacturing process, the Agency is explained in the proposed rule (Ref. 3), mercury-added products, and otherwise requiring reporters to identify the this decision is based on a review of intentional use of mercury in a specific categories and subcategories of statutory text at 15 U.S.C. manufacturing process (as qualified products and functional uses for which 2607(b)(10)(C), which EPA interprets to from existing terms as discussed in Unit quantitative data is reported. The require reporting for any amount of III.B.) as follows: Agency believes this is an appropriate

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interpretation of the direction to switch; Pressure switch; Temperature United States, EPA is finalizing the ‘‘identify any manufacturing processes switch; Displacement relay; Wetted reed following reporting requirements: or products that intentionally add relay; Contact relay; Flame sensor; i. For imports of mercury or mercury- mercury,’’ which, in turn, could inform Thermostat; Other (specify). added products: Country of origin. how to ‘‘recommend actions, including • Miscellaneous mercury-added ii. For mercury or mercury-added proposed revisions of Federal law or products: Wheel weights; Wheel products distributed in commerce: regulations, to achieve further rotation balancers/stabilizers; Firearm Identify the applicable purchasing or reductions in mercury use’’ (15 U.S.C. recoil suppressors; Carburetor receiving industry sectors via NAICS 2607(b)(10)(C)). Persons required to synchronizers; Joint support/shock codes. report must provide the total amount of absorption bands; Other (specify). iii. For exported mercury or mercury- mercury used during the reporting year ii. Intentional mercury use in added products: Destination country. The Agency determined that the in pounds for general reporting manufacturing processes. EPA received combination of general, specific, and activities associated with supply, use, comment on the proposed rule and has contextual reporting requirements and trade, rather than per category and refined the following manufacturing provides for the body of information subcategory. EPA based this decision on processes for which mercury may be required to fulfill statutory mandates of issues concerning burden and intentionally used: Chlorine production TSCA sections 8(b)(10)(B) and (C). As confidential business information that (e.g., mercury-cell chlor-alkali process); much as possible, the Agency designed could be created by reporting Acetaldehyde production; Sodium/ quantitative information for increasingly all requirements to be answered only potassium methylate/ethylate where a reporter engages in the specific specific categories and subcategories. production; Polyurethane/plastic i. Mercury-added products. Based on activity from the inclusive list of production; Other (specify). Based on options. In fact, EPA believes that it is the current knowledge of mercury- public comment, EPA has also refined added products available in the unlikely that the typical reporter would the following list of uses of mercury in be engaged in and, as a result, be marketplace, including skin products the manufacturing processes: Catalyst; manufactured abroad and sold illegally required to respond to all, or even Cathode; Reactant; Reagent; Other many, of the reporting requirements. in the United States (Ref. 29), EPA is (specify). finalizing the following list of categories Aside from issue-specific discussions Two commenters proposed revisions of reporting requirements presented and subcategories of mercury-added to specific information to be collected products: elsewhere in Unit III.D., commenters • applicable to the intentional use of generally supported the Agency’s Batteries: Button cell, silver; Button mercury in a manufacturing process cell, zinc-air; Button cell, alkaline; proposed general, specific, and (Ref. 15; Ref. 28). One commenter noted contextual reporting requirements, Stacked button cell batteries; Manganese that in a mercury cell electrolyzer, the oxide; Silver oxide; Mercuric oxide, emphasized the utility requiring mercury serves solely as the cathode in reporting of NAICS to help track non-button cell; Button cell, mercuric the electrolysis process which breaks oxide; Button cell, zinc carbon; Other mercury supply and use flows, and down the sodium chloride molecule and noted the consistency and (specify). recommended that EPA should • Dental amalgam. comprehensiveness of EPA mercury- • Formulated products (includes uses therefore add the term ‘‘cathode’’ to the added product categories and in cosmetics, pesticides, and laboratory Table 4 list as one of the selections (Ref. subcategories. The Agency appreciates chemicals): Skin-lightening creams; 15). Another commenter requested the this feedback from potentially affected Lotions; Soaps and sanitizers; Topical removal of ‘‘[v]inyl chloride monomer persons. antiseptics; Bath oils and salts; production’’ as a specific manufacturing 5. Consideration of Small Entities. Preservatives (e.g., for use in vaccines process because the vinyl chloride Based on EPA’s economic analysis of and eye-area cosmetics when no monomer (VCM) process is no longer this final rule (Ref. 6), approximately 40 preservative alternatives are available); used and is not expected to be used, by percent of the respondents will be small Pharmaceuticals (including prescription any manufacturer in the United States entities. However, small businesses are and over-the-counter drug products); and that all VCM producers utilize not exempt from reporting requirements Cleaning products (not registered as ethylene, rather than acetylene, as the because, unlike the exemption for small pesticides under the Federal Insecticide, feedstock, which does not require any manufacturers and processors provided Fungicide, and Rodenticide Act); use of mercury (Ref. 28). under TSCA sections 8(a)(1)(A) and (B), Pesticides; Paints; Dyes; Reagents (e.g., The Agency appreciates and agrees reporting and recordkeeping catalysts, buffers, fixatives); Other with these comments. EPA amended the requirements associated with TSCA (specify). regulatory text for reporting section 8(b) are applicable to all affected • Lighting, lamps, bulbs: Linear requirements for specific data to add the entities. EPA requested public comment fluorescent; Compact fluorescent; U- term ‘‘Cathode’’ as an option to identify on what kinds of information would be tube and circular fluorescent; Cold how mercury is used in manufacturing particularly important to address for cathode fluorescent; External electrode processes and to remove the term small entities (e.g., outreach and fluorescent; Mercury vapor; Metal ‘‘Vinyl chloride monomer production’’ webinars for small businesses to halide; High pressure sodium; Mercury from the options of categories of introduce the online reporting short arc; Neon; Other (specify). manufacturing processes for which environment and application, explain • Measuring instruments: Barometer; mercury may be intentionally used. requirements, and offer Q&A and other Fever thermometer; Flow meter; c. Contextual Reporting support) (Ref. 3). Hydrometer; Hygrometer/psychrometer; Requirements. Within certain sectors of The Agency received a comment Manometer; Non-fever thermometer; the mercury market, the Agency related to the EPA’s estimation of costs Pyrometer; Sphygmomanometer; Other determined that additional data and burdens for the proposed rule (Ref. (specify). requirements are important to provide 27), which expressed concerns that • Pump seals. context to the quantitative data initial estimates may be low given the • Switches, relays, sensors, valves: reported. To fully understand the scope of products, processes, and other Tilt switch; Vibration switch; Float supply, use, and trade of mercury in the information that EPA proposed to

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require (Ref. 27). EPA prepared the collection or reporting deadline. To reporting to a total amount of mercury economic analysis using the best minimize reporting obligations, the used in a year (as opposed to specific available methods, consistent with Agency compared the respective amounts in import, export, manufacture, EPA’s Guidelines for Preparing collection frequencies and reporting and other activities) (Ref. 15; Ref. 24; Economic Analyses (see https:// deadlines for IMERC, the CDR rule, and Ref. 28) to obviate the potential for www.epa.gov/environmental- the TRI program to when EPA is persons to elect to claim data as CBI. economics/guidelines-preparing- required to publish the mercury Commenters were particularly economic-analyses). While individual inventory. TSCA section 8(b)(10)(B) sets concerned where reporting by a few or reporters may experience costs either a publication date for the mercury only a single facility engaged in a higher or lower than those estimated in inventory that falls on the reporting particular manufacturing process could the analysis, the Agency believes that deadline for IMERC: April 1 in a allow competitors to calculate the average costs for the categories of triennial cycle starting in April 2017. proprietary information. Other reporters described are well Data collected under the CDR rule is commenters requested an allowance for represented. submitted to the Agency on a trade associations to collectively submit The Agency also received a comment quadrennial cycle; the next reporting information on behalf of their members, related to the potential burden to small cycle will occur from 2016–2019, with which expressed a preference for businesses (Ref. 30), which expressed a reporting deadline of September 2020. collective reporting to protect against concerns about how the estimated The TRI program collects and publishes the release of proprietary sales data and initial and subsequent annual costs may data on an annual cycle with a reporting other CBI (Ref. 9; Ref. 18). impose a major burden for a small deadline of July 1 of each year. EPA’s mercury reporting application manufacturer, particularly when added Based on such considerations, the will allow multiple roles in creating, to other regulatory costs. EPA intends to Agency determined that coinciding with certifying, and submitting data. minimize the burden on all the triennial IMERC frequency of However, to maintain the alignment of respondents, including small entities, as collection is appropriate given the general, specific, and contextual much as possible. The Agency will mercury inventory publication schedule reporting requirements, EPA requires develop reporting instructions tailored is also triennial. The Agency is setting that separate reports be filed for each to small entities who will be required to the mercury inventory reporting person/company (i.e., not submitted in comply with the reporting requirements. deadline to coincide with the TRI aggregate if an agent assists multiple EPA expects to conduct outreach and program deadline to align with a date persons/companies to develop its webinars for small businesses to with which certain, potential reporters report). In addition, the reporting introduce the reporting database, might already be familiar. Therefore, application is designed as a tool for data explain requirements, and offer Q&A EPA is establishing a July 1st reporting collection only and will accept CBI and other support. Those materials will deadline for 2019 and every three years claims submitted in accordance with be available on the EPA website six thereafter. Data submitted should cover TSCA section 14. Unlike information months prior to the reporting deadline. only the calendar year preceding the provided to IMERC, CDR, and TRI, the Under TSCA section 26(d), EPA also year in which the reporting deadline data received in support of the mercury provides specialized assistance to occurs (e.g., data for calendar year inventory will not be publicly accessible respondents, particularly to small January 1 to December 31, 2018 are in an online database. EPA intends to entities, including technical and other reported on or before July 1, 2019). use these data to fulfill the statutory non-financial assistance to requirements to publish an inventory manufacturers (including importers) G. Recordkeeping (15 U.S.C. 2607(b)(10)(B)) and make and processors of chemical substances. Consistent with the triennial reporting required identifications and EPA’s TSCA Hotline assists small and publication cycle for the mercury recommendations related to mercury businesses complying with TSCA rules inventory, EPA is requiring that each use (15 U.S.C. 2607(b)(10)(C)). EPA does and provides various materials such as person who is subject to the reporting not foresee receiving and handling such copies of Federal Register notices, requirements must retain records that information as CBI as a potential advisories, and other information upon document any information reported to hindrance to Agency processes. As request. Contact information for the EPA. Records relevant to a reporting necessary, EPA will follow established TSCA Hotline is listed under FOR year must be retained for a period of 3 publication policies to aggregate data for FURTHER INFORMATION CONTACT. years beginning on the last day of the public release and will not compromise reporting year. Submitters are confidential business information. E. Frequency of Inventory Publication encouraged to retain their records longer I. Electronic Reporting TSCA section 8(b)(10)(B) sets the date than 3 years to ensure that past records for publication of initial and are available as a reference when new As set forth in the proposed rule, the subsequent, triennial iterations of the submissions are being generated. Agency determined that mandatory mercury inventory to commence on electronic reporting would: (1) April 1, 2017. Therefore, EPA expects to H. Reporting Requirements and Streamline the reporting process and publish the first mercury inventory Confidential Business Information reduce the administrative costs supported by the finalized reporting Reporters to the information associated with information submission requirements by April 1, 2020 and every collection of this rule may claim that and recordkeeping; (2) eliminate paper- three years thereafter. their submitted information is CBI per based submissions as part of broader statutory provisions for CBI under TSCA government efforts to move to modern, F. Frequency of Data Collection and section 14. electronic methods of information Reporting Deadline The Agency received several gathering; (3) allow for more efficient TSCA section 8(b)(10)(D) provides the comments concerning CBI, including data transmittal and a reduction in authority to promulgate this rule to suggestions to allow reporting in ranges errors with the built-in validation assist in the preparation of the triennial and not demarcating specific amounts of procedures; and (4) reduce the reporting inventory publication, but TSCA offers mercury in exports going to specific burden for submitters by reducing the no guidance on the frequency of countries (Ref. 27), as well as limiting cost and time required to review. EPA

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is requiring electronic reporting of the 9. Comment submitted by Lawrence E. Products. (July 26, 2016). Available at mercury inventory data, using an Culleen, Arnold & Porter Kaye Scholer https://www.fda.gov/forconsumers/ Agency-provided, web-based reporting LLP for the Chemical Users Coalition. consumerupdates/ucm294849.htm. software to submit mercury inventory 10. Comment submitted by Peter Webster, [Accessed October 3, 2017]. General Counsel U.S., Barrick Gold 30. Anonymous public comment (EPA–HQ– reports through the internet to EPA’s North America, Inc. OPPT–2017–0421–0038). Central Data Exchange (CDX). CDX 11. Comment submitted by David Lennett, 31. EPA. Collection of Information for provides the capability for submitters to Senior Attorney, Natural Resources Mercury Inventory Reporting Rule; EPA access their data through the use of web Defense Council. ICR No. 2567.02; OMB Control No.: services. For more information about 12. Comment submitted by Carolyn Hanson, 2070–0207. June 20, 2018. CDX, go to http://epa.gov/cdx. Acting Executive Director, The Agency received comments Environmental Council of the States. V. Statutory and Executive Order related to the proposal to require 13. Comment submitted by Stephen Reviews Tarnowski, Office of Corporate Staff electronic reporting, which suggested Counsel, Merck & Co, Inc. Additional information about these that EPA should be prepared to provide 14. Comment submitted by Ross Eisenberg, statutes and Executive Orders can be additional assistance to companies that Vice President, Energy and Resources found at http://www2.epa.gov/laws- may be challenged by an electronic Policy, National Association of regulations/laws-and-executive-orders. reporting system (Ref. 11; Ref. 23). The Manufacturers. Agency appreciates these comments and 15. Comment submitted by Kenneth G. A. Executive Order 12866: Regulatory will develop reporting instructions and Akins, Director, Environmental, Planning and Review and Executive support materials to assist with Westlake Chemical Corporation. Order 13563: Improving Regulation and 16. Comment submitted by Charles Franklin, Regulatory Review reporting to the mercury inventory. Vice President and Counsel, Government Those materials will be available on the Affairs, Portland Cement Association. This action is a significant regulatory EPA website six months prior to the 17. Comment submitted by Amandine action that was submitted to the Office reporting deadline. In addition, the EPA Muskus, Manager, Environment & of Management and Budget (OMB) for CDX maintains a helpdesk contract to Energy Association of Global review under Executive Orders 12866 provide support for CDX users. Automakers, Inc.; Stacy Tatman, Director (58 FR 51735, October 4, 1993) and of Environmental Affairs, Alliance of 13563 (76 FR 3821, January 21, 2011). IV. References Automobile Manufacturers. Any changes made in response to OMB The following is a listing of the 18. Comment submitted by Chris Cleet, QEP, Senior Director of Environment and recommendations have been documents that are specifically Sustainability, Information Technology documented in the docket for this referenced in this document. The docket Industry Council; Katie Reilly, Senior action. includes these documents and other Manager, Environmental and B. Executive Order 13771: Reducing information considered by EPA, Sustainability Policy, Consumer including documents that are referenced Technology Association; Kyle Pistor, Regulations and Controlling Regulatory within the documents that are included Vice President, Government Relations, Costs in the docket, even if the referenced National Electrical Manufacturers This action is subject to the document is not physically located in Association. requirements for regulatory actions 19. Anonymous public comment (EPA–HQ– specified in Executive Order 13771 (82 the docket. For assistance in locating OPPT–2017–0421–0062). these other documents, please consult 20. Comment submitted by Phillip K. Bell, FR 9339, February 3, 2017). EPA the technical person listed under FOR President, Steel Manufacturers prepared an analysis of the estimated FURTHER INFORMATION CONTACT. Association. costs and benefits associated with this 1. EPA. Mercury; Initial Inventory Report of 21. Comment submitted by David Hickey, action. This analysis, ‘‘Economic Supply, Use, and Trade. (82 FR 15522; Vice President, Advocacy, International Analysis for the Reporting Requirements March 29, 2017). Sign Association. for the TSCA Mercury Inventory’’ 2. UNEP. Minamata Convention on Mercury. 22. Comment submitted by Michele P. (Economic Analysis, Ref. 6), is available (No date). Available at http:// Wilson, Environmental Compliance, in the docket and is summarized in Unit Savannah River Nuclear Solutions, LLC. www.mercuryconvention.org. [Accessed I.E. August 4, 2017]. 23. Comment submitted by Chuck Schwer, 3. EPA. Mercury; Reporting Requirements for Vermont Department of Environmental, C. Paperwork Reduction Act (PRA) Conservation, Chairperson, and Tom Toxic Substances Control Act Mercury The information collection activities Inventory—Proposed Rule. (82 FR 49564; Metzner, Connecticut Department of October 26, 2017). Energy and Environmental Protection, in this rule have been submitted for 4. EPA. Reporting Requirements for the Chairperson, Interstate Mercury approval to OMB under the PRA, 44 TSCA Mercury Inventory: Mercury— Education and Reduction Clearinghouse. U.S.C. 3501 et seq. The Information Proposed Rule; Extension of Comment 24. Comment submitted by Theodore B. Collection Request (ICR) document that Period. (82 FR 60168; December 17, Lynn, Ph.D., Director of Research, Dexsil the EPA prepared has been assigned 2017). Corporation. EPA ICR number 2567.02 and OMB 25. NEWMOA. Mercury-Added Products 5. EPA. Mercury; Reporting Requirements for Control No. 2070–0207 (Ref. 31). You Toxic Substances Control Act Mercury Database. (No date). Available at http:// Inventory—Response to Comments. June www.newmoa.org/prevention/mercury/ can find a copy of the ICR in the docket 20, 2018. imerc/notification/. [Accessed August 4, for this rule, and it is briefly 6. EPA. Economic Analysis for the Reporting 2017]. summarized here. Requirements for the TSCA Mercury 26. Comment submitted by David Isaacs, The reporting requirements identified Inventory. June 20, 2018. Semiconductor Industry Association. in the final rule would provide EPA 7. EPA. Subpoena and Information Request. 27. Comment submitted by James C. Lee, with information necessary to prepare March 20, 2015. Available at https:// Senior Compliance Analyst, Hach and periodically update an inventory of www.epa.gov/mercury/2015-subpoena- Company. mercury supply, use, and trade in the and-information-request-epa- 28. Comment submitted by Richard Krock, mercuryrecyclers. Vice President, Regulatory and Technical United States, as required by TSCA 8. Comment submitted by Kathleen M. Affairs, Vinyl Institute. section 8(b)(10)(D). These reporting Roberts, Executive Director, North 29. U.S. Food and Drug Administration. requirements would help the Agency to American Metals Council. Mercury Poisoning Linked to Skin prepare subsequent, triennial

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publications of the inventory, as well as email to oira_submissions@ Order 13175 (65 FR 67249, November 9, to carry out the requirement of TSCA omb.eop.gov, Attention: Desk Officer for 2000). It will not have any effect on section 8(b)(10)(C) to identify any the EPA. Since OMB is required to make tribal governments, on the relationship manufacturing processes or products a decision concerning the ICR between between the Federal government and that intentionally add mercury and 30 and 60 days after receipt, OMB must the Indian tribes, or on the distribution recommend actions, including proposed receive comments no later than July 27, of power and responsibilities between revisions of Federal law or regulations, 2018. the Federal government and Indian to achieve further reductions in mercury tribes, as specified in the Order. Thus, D. Regulatory Flexibility Act (RFA) use. EPA intends to use information E.O. 13175 does not apply to this action. collected under the rule to assist in Pursuant to section 605(b) of the RFA, efforts to reduce the use of mercury in 5 U.S.C. 601 et seq., I certify that this H. Executive Order 13045: Protection of products and processes and to facilitate action will not have a significant Children From Environmental Health reporting on implementation of the economic impact on a substantial Risks and Safety Risks Minamata Convention by the United number of small entities under the RFA. EPA interprets Executive Order 13045 States. Respondents may claim some of The small entities subject to the (62 FR 19885, April 23, 1997) as the information reported to EPA under requirements of this action include applying only to those regulatory the final rule as CBI under TSCA section those that manufacture, including actions that concern environmental 14. TSCA section 14(c) requires a import, mercury or mercury-added health or safety risks that EPA has supporting statement and certification products (manufacturers), or otherwise reason to believe may for confidentiality claims asserted after intentionally use mercury in a disproportionately affect children, per June 22, 2016. manufacturing process (processors). To the definition of ‘‘covered regulatory EPA estimated total burden and costs identify the number of firms that are action’’ in section 2–202 of the to industry associated with the subject to the rule and considered small Executive Order. This action is not information collection activities in the under SBA size standards, EPA subject to Executive Order 13045 final rule over the first three years after compared the appropriate SBA size because it does not concern an its promulgation (Ref. 6). For the 750 definition to the company’s revenue or environmental health risk or safety risk, companies anticipated to be subject to number of employees, as identified nor is this action economically the reporting requirements, the average using Dun and Bradstreet or other significant as the impact of this action per respondent burden hours for Year 1 market research websites. Of the 506 will be less than $100 million. (of a triennial cycle for submitting parent companies that are subject to the information) was estimated to be 96.76 rule, 211 companies (42 percent) meet I. Executive Order 13211: Actions hours (Ref. 6). Years 2 and 3 are not data the SBA small business definitions for Concerning Regulations That collection years, so there is no cost their respective NAICS classifications. Significantly Affect Energy Supply, associated with the rule during these The small entity analysis estimated Distribution, or Use years (Ref. 6). Therefore, the average for that no parent company would incur an This final rule is not subject to total burden hours per the three-year impact of 3 percent or greater, and 4 Executive Order 13211 (66 FR 28355, reporting cycle is 32.25 hours per year parent companies (1.85 percent of total May 22, 2001) because it is not expected (Ref. 6). entities) would incur an impact of 1 to to affect energy supply, distribution, or Respondents/affected entities: 3 percent. Details of this analysis are use. Manufacturers, importers, and included in the accompanying processors of mercury. Economic Analysis for this rule (Ref. 6). J. National Technology Transfer and Respondent’s obligation to respond: Advancement Act (NTTAA) Mandatory (15 U.S.C. 2607(b)(10)(D)). E. Unfunded Mandates Reform Act Estimated number of respondents: (UMRA) Since this action does not involve any 750. This action does not contain an technical standards, section 12(d) of Frequency of response: Triennially. unfunded mandate of $100 million or NTTAA, 15 U.S.C. 272 note, does not Total estimated annual burden: more as described in UMRA, 2 U.S.C. apply to this section. 24,189 hours (averaged over 3 years). 1531 through 1538, and does not K. Executive Order 12898: Federal Burden is defined at 5 CFR 1320.3(b). significantly or uniquely affect small Actions To Address Environmental Total estimated annual cost: governments. As such, the requirements Justice in Minority Populations and $1,942,190 (averaged over 3 years), of sections 202, 203, 204, or 205 of Low-Income Populations includes $0 annualized capital or UMRA do not apply to this action. operation and maintenance costs. This action is not subject to Executive An agency may not conduct or F. Executive Order 13132: Federalism Order 12898 (59 FR 7629, February 16, sponsor, and a person is not required to This action does not have federalism 1994) because it does not establish an respond to, a collection of information implications, as specified in Executive environmental health or safety standard. unless it displays a currently valid OMB Order 13132 (64 FR 43255, August 10, This action establishes an information control number. The OMB control 1999). It will not have substantial direct requirement and does not affect the numbers for the EPA’s regulations in 40 effects on the States, on the relationship level of protection provided to human CFR are listed in 40 CFR part 9. Submit between the national government and health or the environment. your comments on the Agency’s need the States, or on the distribution of VI. Congressional Review Act (CRA) for this information, the accuracy of the power and responsibilities among the provided burden estimates and any various levels of government. This action is subject to the CRA, 5 suggested methods for minimizing U.S.C. 801 et seq., and EPA will submit respondent burden to the EPA using the G. Executive Order 13175: Consultation a rule report to each House of the docket identified at the beginning of this and Coordination With Indian Tribal Congress and to the Comptroller General rule. You may also send your ICR- Governments of the United States. This action is not related comments to OMB’s Office of This action does not have tribal a ‘‘major rule’’ as defined by 5 U.S.C. Information and Regulatory Affairs via implications as specified in Executive 804(2).

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List of Subjects in 40 CFR Part 713 any person who manufactures mercury (i) Distribution in commerce, Environmental protection, Exports, or mercury-added products or otherwise including domestic sale or transfer, of Imports, Manufacturing, Mercury, Trade intentionally uses mercury in a mercury; practices. manufacturing process to carry out and (ii) Distribution in commerce, publish in the Federal Register an including domestic sale or transfer, of a Dated: June 21, 2018. inventory of mercury supply, use, and mercury-added product; E. Scott Pruitt, trade in the United States. In (iii) Storage of mercury (including Administrator. administering this mercury inventory, import); Therefore, 40 CFR chapter I, EPA is directed to identify any (iv) Export of a mercury compound subchapter R, is amended by adding a manufacturing processes or products (unless specifically prohibited); and new part 713 to read as follows: that intentionally add mercury and to (v) Export of a mercury-added recommend actions, including proposed product. PART 713—REPORTING revisions of Federal law or regulations, (c) Section 15(3) of TSCA makes it REQUIREMENTS FOR THE TSCA to achieve further reductions in mercury unlawful for any person to fail or refuse INVENTORY OF MERCURY SUPPLY, use. EPA intends to use the collected to submit information required under USE, AND TRADE information to implement TSCA and this part. In addition, TSCA section shape the Agency’s efforts to Sec. 15(3) makes it unlawful for any person 713.1 Purpose, scope, and compliance. recommend actions, both voluntary and to fail to: Establish or maintain records, 713.5 Mercury for which information must regulatory, to reduce the use of mercury or permit access to records required by be reported. in commerce. In so doing, the Agency this part. Section 16 of TSCA provides 713.7 Persons who must report. will conduct timely evaluation and that any person who violates a provision 713.9 General requirements for which refinement of these reporting of TSCA section 15 is liable to the information must be reported. requirements so that they are efficient United States for a civil penalty and 713.11 Specific requirements for which and non-duplicative for reporters. may be criminally prosecuted. Pursuant information must be reported. (b) This part applies to the activities 713.13 Contextual requirements for which to TSCA section 17, the Federal information must be reported. associated with the periodic publication Government may seek judicial relief to 713.15 Reporting information to EPA. of information on mercury supply, use, compel submission of TSCA section 8 713.17 When to report. and trade in the United States. Except information and to otherwise restrain 713.19 Recordkeeping requirements. as described at § 713.7, the reporting any violation of TSCA section 15. 713.21 Electronic filing. requirements for mercury supply, use, (d) Each person who reports under Authority: 15 U.S.C. 2607(b)(10)(D). and trade apply to the following this part must certify the accuracy and activities: maintain records of the information § 713.1 Purpose, scope, and compliance. (1) Activities undertaken with the reported under this part and, in (a) This part specifies reporting and purpose of obtaining an immediate or accordance with TSCA, permit access recordkeeping procedures under section eventual commercial advantage: to, and the copying of, such records by 8(b)(10) of the Toxic Substances Control (i) Import of mercury; EPA officials. Act (TSCA) (15 U.S.C. 2607(b)(10)) for (ii) Manufacture (other than import) of certain manufacturers (including mercury; § 713.5 Mercury for which information importers) and processers of mercury as (iii) Import of a mercury-added must be reported. defined in section 8(b)(10)(A) to include product; (a) Elemental mercury (Chemical elemental mercury and mercury (iv) Manufacture (other than import) Abstracts Service Registry Number compounds. Hereinafter ‘‘mercury’’ will of a mercury-added product; and 7439–97–6); or refer to both elemental mercury and (v) Intentional use of mercury in a (b) A mercury compound, including mercury compounds collectively, except manufacturing process. but not limited to the mercury where separately identified. Section (2) Activities undertaken in compounds listed in Table 1 of this part 8(b)(10)(D) of TSCA authorizes the EPA relationship to those activities described by Chemical Abstracts Service Registry Administrator to require reporting from in paragraph (b)(1) of this section: Number:

TABLE 1—MERCURY COMPOUNDS

Chemical Abstracts Service Registry No. Mercury compound

10045–94–0 ...... Nitric acid, mercury(2+) salt (2:1). 100–57–2 ...... Mercury, hydroxyphenyl-. 10112–91–1 ...... Mercury chloride (Hg2Cl2). 10124–48–8 ...... Mercury amide chloride (Hg(NH2)Cl). 103–27–5 ...... Mercury, phenyl(propanoato-.kappa.O)-. 10415–75–5 ...... Nitric acid, mercury(1+) salt (1:1). 104–60–9 ...... Mercury, (9-octadecenoato-.kappa.O)phenyl-. 1191–80–6 ...... 9-Octadecenoic acid (9Z)-, mercury(2+) salt (2:1). 12068–90–5 ...... Mercury telluride (HgTe). 13170–76–8 ...... Hexanoic acid, 2-ethyl-, mercury(2+) salt (2:1). 13302–00–6 ...... Mercury, (2-ethylhexanoato-.kappa.O)phenyl-. 1335–31–5 ...... Mercury cyanide oxide (Hg2(CN)2O). 1344–48–5 ...... Mercury sulfide (HgS). 1345–09–1 ...... Cadmium mercury sulfide. 13876–85–2 ...... Mercurate(2-), tetraiodo-, copper(1+) (1:2), (T-4)-. 138–85–2 ...... Mercurate(1-), (4-carboxylatophenyl)hydroxy-, sodium (1:1). 141–51–5 ...... Mercury, iodo(iodomethyl)-.

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TABLE 1—MERCURY COMPOUNDS—Continued

Chemical Abstracts Service Registry No. Mercury compound

14783–59–6 ...... Mercury, bis[(2-phenyldiazenecarbothioic acid-.kappa.S) 2-phenylhydrazidato-.kappa.N2]-, (T-4)-. 15385–58–7 ...... Mercury, dibromodi-, (Hg-Hg). 15785–93–0 ...... Mercury, chloro[4-[(2,4-dinitrophenyl)amino]phenyl]-. 15829–53–5 ...... Mercury oxide (Hg2O). 1600–27–7 ...... Acetic acid, mercury(2+) salt (2:1). 1785–43–9 ...... Mercury, chloro(ethanethiolato)-. 19447–62–2 ...... Mercury, (acetato-.kappa.O)[4-[2-[4-(dimethylamino)phenyl]diazenyl]phenyl]-. 20582–71–2 ...... Mercurate(2-), tetrachloro-, potassium (1:2), (T-4)-. 20601–83–6 ...... Mercury selenide (HgSe). 21908–53–2 ...... Mercury oxide (HgO). 22450–90–4 ...... Mercury(1+), amminephenyl-, acetate (1:1). 24579–90–6 ...... Mercury, chloro(2-hydroxy-5-nitrophenyl)-. 24806–32–4 ...... Mercury, [.mu.-[2-dodecylbutanedioato(2-).kappa.O1:.kappa.O4]]diphenyldi-. 26545–49–3 ...... Mercury, (neodecanoato-.kappa.O)phenyl-. 27685–51–4 ...... Cobaltate(2-), tetrakis(thiocyanato-.kappa.N)-, mercury(2+) (1:1), (T-4)-. 29870–72–2 ...... Cadmium mercury telluride ((Cd,Hg)Te). 3294–57–3 ...... Mercury, phenyl(trichloromethyl)-. 33770–60–4 ...... Mercury, [3,6-dichloro-4,5-di(hydroxy-.kappa.O)-3,5cyclohexadiene-1,2-dionato(2-)]-. 3570–80–7 ...... Mercury, bis(acetato-.kappa.O)[.mu.-(3’,6’-dihydroxy-3oxospiro[isobenzofuran-1(3H),9’-[9H]xanthene]-2’,7’diyl)]di-. 537–64–4 ...... Mercury, bis(4-methylphenyl)-. 539–43–5 ...... Mercury, chloro(4-methylphenyl)-. 54–64–8 ...... Mercurate(1-), ethyl[2-(mercapto-.kappa.S)benzoato(2-).kappa.O]-, sodium (1:1). 55–68–5 ...... Mercury, (nitrato-.kappa.O)phenyl-. 56724–82–4 ...... Mercury, phenyl[(2-phenyldiazenecarbothioic acid.kappa.S) 2-phenylhydrazidato-.kappa.N2]-. 587–85–9 ...... Mercury, diphenyl-. 592–04–1 ...... Mercury cyanide (Hg(CN)2). 592–85–8 ...... Thiocyanic acid, mercury(2+) salt (2:1). 593–74–8 ...... Mercury, dimethyl-. 59–85–8 ...... Mercurate(1-), (4-carboxylatophenyl)chloro-, hydrogen. 623–07–4 ...... Mercury, chloro(4-hydroxyphenyl)-. 62–38–4 ...... Mercury, (acetato-.kappa.O)phenyl-. 62638–02–2 ...... Cyclohexanebutanoic acid, mercury(2+) salt (2:1). 627–44–1 ...... Mercury, diethyl-. 6283–24–5 ...... Mercury, (acetato-.kappa.O)(4-aminophenyl)-. 628–86–4 ...... Mercury, bis(fulminato-.kappa.C)-. 629–35–6 ...... Mercury, dibutyl-. 63325–16–6 ...... Mercurate(2-), tetraiodo-, (T-4)-, hydrogen, compd. with 5-iodo-2-pyridinamine (1:2:2). 63468–53–1 ...... Mercury, (acetato-.kappa.O)(2-hydroxy-5-nitrophenyl)-. 63549–47–3 ...... Mercury, bis(acetato-.kappa.O)(benzenamine)-. 68201–97–8 ...... Mercury, (acetato-.kappa.O)diamminephenyl-, (T-4)-. 72379–35–2 ...... Mercurate(1-), triiodo-, hydrogen, compd. with 3-methyl2(3H)-benzothiazolimine (1:1:1). 7439–97–6 ...... Mercury. 7487–94–7 ...... Mercury chloride (HgCl2). 7546–30–7 ...... Mercury chloride (HgCl). 7616–83–3 ...... Perchloric acid, mercury(2+) salt (2:1). 7774–29–0 ...... Mercury iodide (HgI2). 7783–33–7 ...... Mercurate(2-), tetraiodo-, potassium (1:2), (T-4)-. 7783–35–9 ...... Sulfuric acid, mercury(2+) salt (1:1). 7783–39–3 ...... Mercury fluoride (HgF2). 7789–47–1 ...... Mercury bromide (HgBr2). 90–03–9 ...... Mercury, chloro(2-hydroxyphenyl)-. 94070–93–6 ...... Mercury, [.mu.-[(oxydi-2,1-ethanediyl 1,2benzenedicarboxylato-.kappa.O2)(2-)]]diphenyldi-.

§ 713.7 Persons who must report. recovered mercury that is discarded or (2) A person engaged only in the (a) Any person who manufactures elemental mercury that is managed for import of a product that contains a (including imports) mercury, except: long-term storage and management component that is a mercury-added (1) A person who does not under section 6939f(g)(2) of the product; or manufacture (including import) mercury Resource Conservation and Recovery (3) A person engaged only in the with the purpose of obtaining an Act; manufacture (other than import) of a immediate or eventual commercial (b) Any person who manufactures product that contains a component that advantage; (including imports) a mercury-added is a mercury-added product who did not (2) A person who manufactures product, except: first manufacture (including import) the (including imports) mercury only as an (1) A person who does not component that is a mercury-added impurity; or manufacture (including import) a product; and (3) A person engaged only in the mercury-added product with the (c) Any person who otherwise generation, handling, or management of purpose of obtaining an immediate or intentionally uses mercury in a mercury-containing waste, including eventual commercial advantage; manufacturing process, except a person

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who does not intentionally use mercury (3) Amount of mercury exported (3) Amount of mercury in exported in a manufacturing process with the (lbs.), except mercury prohibited from products (lbs.); and purpose of obtaining an immediate or export at 15 U.S.C. 2611(c)(1) and (7); (4) Amount of mercury in products eventual commercial advantage. (4) Amount of mercury stored (lbs.); distributed in commerce (lbs.). and (e) Persons who otherwise § 713.9 General requirements for which (5) Amount of mercury distributed in intentionally use mercury in a information must be reported. commerce (lbs.). manufacturing process must report, as Except as described at § 713.7: (c) Persons who report sales of applicable: (a) Persons who manufacture mercury-added products to the (1) Amount of mercury otherwise (including import) mercury in amounts Interstate Mercury Education and intentionally used (lbs.) in a greater than or equal to 2,500 pounds Reduction Clearinghouse (IMERC) must manufacturing process; and (lbs.) for elemental mercury or greater report, as applicable: (2) Amount of mercury stored (lbs.). than or equal to 25,000 lbs. for mercury (1) Amount of mercury in manufactured (other than imported) § 713.11 Specific requirements for which compounds for a specific reporting year information must be reported. must report, as applicable: products (lbs.); (2) Amount of mercury in imported Except as described at § 713.7: (1) Amount of mercury stored (lbs.); products (lbs.); and (a) Any person who manufactures and (3) Amount of mercury in exported (including imports) mercury must (2) Amount of mercury distributed in products (lbs.). specify, as applicable, the specific commerce (lbs.). (d) All other persons who mercury compound(s) from a pre- (b) All other persons who manufacture (including import) selected list (as listed in Table 1 of this manufacture (including import) mercury mercury-added products must report, as part). must report, as applicable: applicable: (b) Any person who manufactures (1) Amount of mercury in (including imports) a mercury-added (1) Amount of mercury manufactured manufactured (other than imported) product must specify as applicable, the (other than imported) (lbs.); products (lbs.); specific category(ies) and (2) Amount of mercury imported (2) Amount of mercury in imported subcategory(ies) from a pre-selected list, (lbs.); products (lbs.); as listed in Table 2 of this part:

TABLE 2—CATEGORIES AND SUBCATEGORIES OF MERCURY-ADDED PRODUCTS

Category Subcategory

Batteries ...... —Button cell, silver. —Button cell, zinc-air. —Button cell, alkaline. —Stacked button cell batteries. —Manganese oxide. —Silver oxide. —Mercuric oxide, non-button cell. —Button cell, mercuric oxide. —Button cell, zinc carbon. —Other (specify). Dental amalgam ...... [No subcategories]. Formulated products (includes uses in cosmetics, pesticides, and lab- —Skin-lightening creams. oratory chemicals). —Lotions. —Soaps and sanitizers. —Bath oils and salts. —Topical antiseptics. —Preservatives (e.g., for use in vaccines and eye-area cosmetics when no preservative alternatives are available). —Pharmaceuticals (including prescription and over-the-counter drug products). —Cleaning products (not registered as pesticides under the Federal In- secticide, Fungicide, and Rodenticide Act). —Pesticides. —Paints. —Dyes. —Reagents (e.g., catalysts, buffers, fixatives). —Other (specify). Lighting, lamps, bulbs ...... —Linear fluorescent. —Compact fluorescent. —U-tube and circular fluorescent. —Cold cathode fluorescent. —External electrode fluorescent. —Mercury vapor. —Metal halide. —High pressure sodium. —Mercury short arc. —Neon. —Other (specify).

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TABLE 2—CATEGORIES AND SUBCATEGORIES OF MERCURY-ADDED PRODUCTS—Continued

Category Subcategory

Measuring instruments ...... —Barometer. —Fever thermometer. —Flow meter. —Hydrometer. —Hygrometer/psychrometer. —Manometer. —Non-fever thermometer. —Pyrometer. —Sphygmomanometer. —Other (specify). Pump seals ...... [No subcategories]. Switches, relays, sensors, valves ...... —Tilt switch. —Vibration switch. —Float switch. —Pressure switch. —Temperature switch. —Displacement relay. —Wetted reed relay. —Contact relay. —Flame sensor. —Thermostat. —Other (specify). Miscellaneous/novelty mercury-added products ...... —Wheel weights. —Wheel rotation balancers/stabilizers. —Firearm recoil suppressors. —Carburetor synchronizers. —Joint support/shock absorption bands. —Other (specify).

(c) Any person who otherwise § 713.13 Contextual requirements for (1) Country(ies) of origin for imported intentionally uses mercury in a which information must be reported. products; manufacturing process, other than the Except as described at § 713.7: (2) Country(ies) of destination for manufacture of a mercury compound or (a) Persons who manufacture exported products; and a mercury-added product, must identify, (including import) mercury in amounts (3) NAICS code(s) for products as applicable: greater than or equal to 2,500 lbs. for distributed in commerce. elemental mercury or greater than or (e) Persons who otherwise (1) The specific manufacturing equal to 25,000 lbs. for mercury intentionally use mercury in a process for which mercury is otherwise compounds for a specific reporting year manufacturing process, other than the intentionally used from a pre-selected must report, as applicable: manufacture of a mercury compound or list, as listed in Table 3 of this part: (1) Country(ies) of origin for imported a mercury-added product, must report, mercury; as applicable: TABLE 3—MANUFACTURING PROCESS (2) Country(ies) of destination for (1) Country(ies) of destination for FOR WHICH MERCURY IS OTHER- exported mercury; and exported final product(s); and WISE INTENTIONALLY USED (3) NAICS code(s) for mercury (2) NAICS code(s) for mercury in final distributed in commerce. product(s) distributed in commerce. Chlorine production (e.g., mercury-cell chlor- (b) All other persons who alkali process). manufacture (including import) mercury § 713.15 Reporting information to EPA. Acetaldehyde production. must report, as applicable: Any person who must report under Sodium/potassium methylate/ethylate produc- (1) Country(ies) of origin for imported this part must report for the submission tion. mercury; period described at § 713.17: Polyurethane/plastic production. (2) Country(ies) of destination for (a) Quantities of mercury in pounds Other (specify). exported mercury; and per applicable activity listed under the (3) NAICS code(s) for mercury general requirements for which (2) The specific use of mercury in a distributed in commerce. information must be reported described manufacturing process from a pre- (c) Persons who report sales of at § 713.9; selected list, as listed in Table 4 of this mercury-added products to IMERC must (b) Specific requirements for which part: report, as applicable: information must be reported described (1) Country(ies) of origin for imported at § 713.11; TABLE 4—SPECIFIC USE OF MERCURY products; (c) Contextual requirements for which (2) Country(ies) of destination for IN A MANUFACTURING PROCESS information must be reported described exported products; and at § 713.13; and (3) NAICS code(s) for products Catalyst. (d) According to the procedures distributed in commerce. described at § 713.21. Cathode. (d) All other persons who Reactant. § 713.17 When to report. Reagent. manufacture (including import) Other (specify). mercury-added products must report, as (a) Any person who must report under applicable: this part must report for the reporting

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year described as follows. A reporting GENERAL SERVICES approximately two to three days after year is the year during which mercury ADMINISTRATION submission to verify posting (except activity, required to be reported by this allow 30 days for posting of comments rule, has occurred. The 2018 reporting 41 CFR Parts 300–3 and 301–11, submitted by mail). year is from January 1, 2018 to Appendices B and D to Chapter 301, FOR FURTHER INFORMATION CONTACT: For December 31, 2018. Subsequent and Parts 302–9 and 302–11 clarification of content, contact Ms. Jill reporting years are from January 1 to [FTR Amendment 2018–01; FTR Case 2018– Denning, Program Analyst, Office of December 31 at 3-year intervals, 301; Docket No. 2018–0007, Sequence 1] Government-wide Policy, at 202–208– 7642 or [email protected]. Contact beginning in 2021. RIN 3090–AJ99 (b) All information reported for an the Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, applicable reporting year must be Federal Travel Regulation (FTR); DC 20405, 202–501–4755, for submitted on or before the first day of Removal of the Meals and Incidental information pertaining to status or July following the reporting year. The Expenses (M&IE) Deduction Table, Allocation of M&IE Rates To Be Used publication schedules. Please cite FTR submission deadline for the 2018 case 2018–301. reporting year is July 1, 2019. in Making Deductions From the M&IE SUPPLEMENTARY INFORMATION: Subsequent submission deadlines are on Allowance, and the Glossary of Acronyms or before the first day of July following A. Public Participation the reporting year, in 3-year intervals, AGENCY: Office of Government-wide GSA is publishing this direct final beginning in 2022. Policy, U.S. General Services rule without a prior proposed rule as (c) The data from the 2018 reporting Administration (GSA). this is a noncontroversial action, and year will be used for the 2020 mercury ACTION: Direct final rule. GSA anticipates no significant adverse inventory, the data from the 2021 comments. A significant adverse SUMMARY: GSA is amending the Federal reporting year will be used for the 2023 comment is defined as one where the Travel Regulation (FTR), to remove the comment explains why the rule would mercury inventory, and so forth at three- meals and incidental expenses (M&IE) year intervals. be inappropriate, including challenges deduction table, Allocation of M&IE to the rule’s underlying premise or § 713.19 Recordkeeping requirements. Rates To Be Used in Making Deductions approach, or would be ineffective or From the M&IE Allowance, and the Each person who is subject to the unacceptable without a change. In Glossary of Acronyms. determining whether a significant reporting requirements of this part must DATES: This rule is effective August 13, adverse comment is sufficient to retain records that document any 2018 without further action, unless terminate a direct final rulemaking, GSA information reported to EPA. Records adverse comments are received by July will consider whether the comment relevant to a reporting year must be 27, 2018. GSA will consider whether raises an issue serious enough to retained for a period of 3 years these comments are significant enough warrant a substantive response in a beginning on the last day of the to publish a timely withdrawal in the notice-and-comment process. GSA notes reporting year. Submitters are Federal Register informing the public that comments that are frivolous, encouraged to retain their records longer that this direct final rule will not take insubstantial, or outside the scope of the than 3 years to ensure that past records effect. rule would not be considered adverse are available as a reference when new ADDRESSES: Submit comments in under this procedure. A comment submissions are being generated. response to FTR Case 2018–301 by any recommending a rule change in addition of the following methods: to the rule would not be considered a § 713.21 Electronic filing. • Regulations.gov: http:// significant adverse comment, unless the (a) You must use the Mercury www.regulations.gov. Submit comments comment states why the rule would be Electronic Reporting (MER) application via the Federal eRulemaking portal by ineffective without the additional to complete and submit required entering ‘‘FTR Case 2018–301’’, under change. In addition, if a significant information as set forth in § 713.17. the heading ‘‘Enter Keyword or ID’’ and adverse comment applies to part of a Submissions may only be made as set select ‘‘Search’’. Select the link ‘‘Submit rule and that part can be severed from forth in this section. a Comment’’ that corresponds with the remainder of the rule (e.g., where a ‘‘FTR Case 2018–301’’ and follow the rule deletes several unrelated (b) Submissions must be sent instructions provided at the ‘‘Comment regulations), GSA may adopt as final electronically to EPA via CDX. Now’’ screen. Please include your name, those parts of the rule that are not the (c) Access MER and instructions, as company name (if any), and ‘‘FTR Case subject of a significant adverse follows: 2018–301’’ on your attached document. comment. For further information about • (1) By website. Access MER via the Mail: General Services commenting on this rule, please see the CDX homepage at https://cdx.epa.gov/ Administration, Regulatory Secretariat ADDRESSES section of this document. (MVCB), ATTN: Ms. Lois Mandell, 1800 and follow the appropriate links. F Street NW, Washington, DC 20405. B. Background (2) By phone or email. Contact the Instructions: Please submit comments As part of a comprehensive review of EPA TSCA Hotline at (202) 554–1404 or only and cite FTR Case 2018–301 in all the FTR, GSA is removing the M&IE [email protected]. correspondence related to this case. All deduction table from appendix B to [FR Doc. 2018–13834 Filed 6–26–18; 8:45 am] comments received will be posted chapter 301, Allocation of M&IE Rates BILLING CODE 6560–50–P without change to http:// To Be Used in Making Deductions From www.regulations.gov, including any the M&IE Allowance; and all of personal and/or business confidential appendix D to chapter 301, Glossary of information provided. To confirm Acronyms. The table in appendix B is receipt of your comment(s), please publicly available on the internet at check www.regulations.gov https://www.gsa.gov/mie thus its

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publication in the FTR is no longer G. Paperwork Reduction Act PART 301–11—PER DIEM EXPENSES necessary. In addition, GSA will amend FTR § 301–11.18 to remove reference to The Paperwork Reduction Act does ■ 3. The authority citation for 41 CFR the table in appendix B to chapter 301. not apply because the changes to the part 301–11 continues to read as With the exception of the Federal FTR do not impose recordkeeping or follows: information collection requirements, or Emergency Management Agency Authority: 5 U.S.C. 5707. (FEMA), the Federal Housing Authority the collection of information from ■ (FHA) and Free on Board (FOB), the offerors, contractors, or members of the 4. Amend § 301–11.18 by revising the acronyms in appendix D to chapter 301 public that require the approval of the first sentence of paragraph (a) to read as are either defined in the Glossary of Office of Management and Budget under follows. 44 U.S.C. 3501, et seq. Terms section at FTR § 300–3.1, spelled § 301–11.18 What M&IE rate will I receive out within the text of the regulations H. Small Business Regulatory if a meal(s) is furnished by the Government themselves, or are commonly known Enforcement Fairness Act or is included in the registration fee? acronyms that can be found in sources (a) Except as provided in § 301–11.17 outside the FTR, making appendix D This direct final rule is also exempt or in paragraph (b) of this section, your duplicative. In accordance with this from Congressional review prescribed M&IE allowance must be adjusted for amendment the acronyms for FEMA, under 5 U.S.C. 801 since it relates solely meals furnished to you by the FHA and FOB are now spelled out to agency management and personnel. Government (including meals furnished within the text of the FTR where they List of Subjects in 41 CFR Parts 300–3 under the authority of chapter 304 of appear. In addition, a website link has and 301–11, Appendices B and D to this title) by deducting the appropriate been updated in the section Chapter 301, and Parts 302–9 and 302– amount shown at www.gsa.gov/mie. accompanying the FEMA acronym. 11 *** C. Executive Orders 12866 and 13563 * * * * * Government employees, Travel and ■ Executive Orders (E.O.s) 12866 and transportation expenses. 5. Revise appendix B to chapter 301 13563 direct agencies to assess all costs to read as follows: Dated: June 20, 2018. and benefits of available regulatory Appendix B to Chapter 301—Allocation alternatives, and if regulation is Emily W. Murphy, of M&IE Rates To Be Used in Making necessary, to select regulatory Administrator. Deductions From the M&IE Allowance approaches that maximize net benefits (including potential economic, For the reasons set forth in the For the meals and incidental expenses environmental, public health and safety preamble, GSA amends 41 CFR parts (M&IE) deduction amounts for localities in CONUS, non-foreign areas, and foreign areas, effects, distributive impacts, and 300–3 and 301–11, appendices B and D to chapter 301, and parts 302–9 and visit http://www.gsa.gov/mie. Any updates to equity). E.O. 13563 emphasizes the the amounts will be noted in FTR Per Diem importance of quantifying both costs 302–11 as follows: Bulletins, issued periodically and available and benefits, of reducing costs, of on the internet. harmonizing rules, and of promoting PART 300–3—GLOSSARY OF TERMS flexibility. This final rule is not a Appendix D to Chapter 301 [Removed significant regulatory action, and ■ 1. The authority citation for 41 CFR and Reserved] therefore, was not subject to review part 300–3 continues to read as follows: ■ 6. Remove and reserve appendix D to under Section 6(b) of E.O. 12866, Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); chapter 301. Regulatory Planning and Review, dated 49 U.S.C. 40118; 5 U.S.C. 5738; 5 U.S.C. September 30, 1993. 5741–5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; PART 302–9—ALLOWANCES FOR TRANSPORTATION AND EMERGENCY D. Executive Order 13771 E.O. 11609, as amended, 3 CFR, 1971–1975 Comp., p. 586, Office of Management and OR TEMPORARY STORAGE OF A This final rule is not an E.O. 13771 Budget Circular No. A–126, Revised May 22, PRIVATELY OWNED VEHICLE regulatory action because this rule is not 1992. significant under E.O. 12866. ■ 7. The authority citation for 41 CFR ■ 2. Amend § 300–3.1 by revising the part 302–9 continues to read as follows: E. Executive Order 13777 definition of ‘‘Approved accommodation’’ to read as follows: Authority: 5 U.S.C. 5737a; 5 U.S.C. 5738; This final rule was identified by 20 U.S.C. 905(a); E.O. 11609, as amended, 3 GSA’s Regulatory Reform Task Force as § 300–3.1 What do the following terms CFR, 1971–1975 Comp., p. 586. a rule that improves efficiency by mean? ■ 8. Amend § 302–9.143 by revising reducing costs—in this case, printing * * * * * paragraph (b) to read as follows: fewer hardcopy pages of the FTR, but maintaining the same information Approved accommodation—Any § 302–9.143 When I am authorized to online. place of public lodging that is listed on transport a POV, may I have the the national master list of approved manufacturer or the manufacturer’s agent F. Regulatory Flexibility Act accommodations. The national master transport a new POV from the factory or This direct final rule will not have a list of all approved accommodations is other shipping point directly to my post of duty? significant economic impact on a compiled, periodically updated, and substantial number of small entities published in the Federal Register by the * * * * * within the meaning of the Regulatory Federal Emergency Management Agency (b) The POV is transported Free on Flexibility Act, 5 U.S.C. 601, et seq. This (FEMA). Additionally, the approved Board (FOB)—shipping point, direct final rule is also exempt from the accommodation list is available on the consigned to you and/or a member of Administrative Procedure Act per 5 U.S. Fire Administration’s internet site your immediate family, or your agent; U.S.C. 553(a)(2), because it applies to at https://apps.usfa.fema.gov/hotel/. and agency management or personnel. * * * * * * * * * *

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PART 302–11—ALLOWANCES FOR repeal existing regulations that are a serious inconsistency or otherwise EXPENSES INCURRED IN outmoded from the Code of Federal interfering with an action taken or CONNECTION WITH RESIDENCE Regulations (CFR), HHS is removing 42 planned by another agency; (3) TRANSACTIONS CFR part 5a. HHS believes that there is materially altering the budgetary good cause to bypass notice and impacts of entitlement grants, user fees, ■ 9. The authority citation for 41 CFR comment and proceed to a final rule, or loan programs or the rights and part 302–11 continues to read as pursuant to 5 U.S.C. 553(b)(B). The obligations of recipients thereof; or (4) follows: action is non-controversial, as it merely raising novel legal or policy issues Authority: 5 U.S.C. 5738 and 20 U.S.C. removes an obsolete provision from the arising out of legal mandates, the 905(c). CFR. This rule poses no new substantive President’s priorities, or the principles requirements on the public. Thus, we ■ set forth in the Executive Order. 10. Amend § 302–11.200 by revising view notice and comment as paragraph (f)(1) to read as follows: unnecessary. A regulatory impact analysis (RIA) must be prepared for major rules with § 302–11.200 What residence transaction Background expenses will my agency pay? economically significant effects ($100 The Rural Physician Training Grant million or more in any 1 year). HHS * * * * * Program (Program), Definition of (f) * * * submits that this final rule is not ‘‘Underserved Rural Community’’ (1) Federal Housing Administration ‘‘economically significant’’ as measured regulation was issued via an interim (FHA) or VA fees for the loan by the $100 million threshold, and final rule with request for comment on application; hence not a major rule under the May 26, 2010 pursuant to Section Congressional Review Act. This rule has * * * * * 749B(f) of the Public Health Service Act not been designated as a ‘‘significant [FR Doc. 2018–13866 Filed 6–26–18; 8:45 am] (42 U.S.C. 293m(f)). The regulation has regulatory action’’ under Executive BILLING CODE 6820–14–P not been updated since it was issued. Funding was authorized at section Order 12866. Accordingly, this rule has 749B(i) (42 U.S.C. 293m(i)) for fiscal not been reviewed by the Office of DEPARTMENT OF HEALTH AND years 2010–2013, but was never Management and Budget (OMB). HUMAN SERVICES appropriated for the Program; therefore, Executive Order 13771, titled it was not implemented. This rule ‘‘Reducing Regulation and Controlling 42 CFR Part 5a defines ‘‘underserved rural Regulatory Costs,’’ was issued on RIN 0906–AB17 communities,’’ including census track January 30, 2017. HHS identifies this information, Health Professions final rule as a deregulatory action Removing Outmoded Regulations Shortage Areas (HPSAs), and Medically (removing an obsolete rule from the Regarding the Rural Physician Underserved Areas (MUAs) for Program Code of Federal Regulations). For the Training Grant Program, Definition of purposes. If the Program were to be purposes of Executive Order 13771, this ‘‘Underserved Rural Community’’ funded, HRSA would be able to define final rule is not a substantive rule; underserved rural communities for the AGENCY: Health Resources and Services rather it is administrative in nature and purpose of the program through policy Administration (HRSA), HHS. provides no cost savings. documents. ACTION: Final rule. Executive Order 13777, titled Executive Orders 12866, 13563, 13771, ‘‘Enforcing the Regulatory Reform SUMMARY: This action removes the and 13777 outmoded regulations for the Rural Agenda,’’ was issued on February 24, Executive Orders 12866 and 13563 Physician Training Grant Program, 2017. As required by Section 3 of this direct agencies to assess all costs and Definition of ‘‘Underserved Rural Executive Order, HHS established a benefits of available regulatory Community.’’ Funding was authorized Regulatory Reform Task Force (HHS alternatives and, if regulation is at section 749B(i) Public Health Service Task Force). Pursuant to Section 3(d)(ii), necessary, to select regulatory Act for fiscal years 2010–2013, but the HHS Task Force evaluated this approaches that maximize net benefits never appropriated for the Rural rulemaking and determined that these (including potential economic, Physician Training Grant Program, and regulations are ‘‘outdated, unnecessary, environmental, public health and safety the program was not implemented. or ineffective.’’ Following this finding, effects, distributive impacts, and Therefore, this regulation is no longer the HHS Task Force advised the HRSA equity). Executive Order 13771 directs relevant, and HRSA suggested the Administrator to initiate this agencies to categorize all impacts which regulations defining underserved rural rulemaking to remove the obsolete generate or alleviate costs associated communities for the Rural Physician with regulatory burden and to regulations from the Code of Federal Training Grant Program be removed. determine the actions net incremental Regulations. DATES: This action is effective July 27, effect. Regulatory Flexibility Act 2018. Section 3(f) of Executive Order 12866 FOR FURTHER INFORMATION CONTACT: defines a ‘‘significant regulatory action’’ This action will not have a significant Sweta Maheshwari J.D., Legislative as an action that is likely to result in a economic impact on a substantial Analyst, Division of Policy and Shortage rule: (1) Having an annual effect on the number of small entities. Therefore, the Designation, Bureau of Health economy of $100 million or more in any regulatory flexibility analysis provided Workforce, HRSA, 5600 Fishers Lane, 1 year, or adversely and materially for under the Regulatory Flexibility Act Room 11W21A, Rockville, MD 20857, affecting a sector of the economy, is not required. by phone at (301) 945–3527, or by email productivity, competition, jobs, the at [email protected]. environment, public health or safety, or Paperwork Reduction Act SUPPLEMENTARY INFORMATION: In State, local or Tribal governments or This action does not affect any response to Executive Order 13563, communities (also referred to as information collections. Section 6(a), which urges agencies to ‘‘economically significant’’); (2) creating

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Dated: June 4, 2018. regulations that are ‘‘outmoded’’ from and, therefore, no longer has need to set George Sigounas, the Code of Federal Regulations (CFR), repayment terms for private practice Administrator, Health Resources and Services HHS is removing 42 CFR part 23, start-up loans. Furthermore, the NHSC Administration. subpart B (§§ 23.21 through 23.35) and Scholarship Program is significantly Approved: June 21, 2018. subpart C (§ 23.41). Furthermore, HHS oversubscribed, and no further Alex M. Azar II, has determined that there is good cause incentives are necessary to recruit Secretary, Department of Health and Human to bypass notice and comment and health professions students. Services. proceed to a final rule, pursuant to 5 Removing these regulations will not U.S.C. 553(b)(B). The action is non- have an impact on the NHSC program. List of Subjects in 42 CFR Part 5a controversial, as it merely removes There is no specific appropriations Health care, Health care professionals, certain provisions from the CFR that are authority to support Section 338G of the Public health, Rural health. obsolete. Given the length of time PHS Act; the authorization of (approximately 30 years) since the appropriation at 338H supports all the PART 5a—[REMOVED] private practice loan provision has been activities under Subpart III (which includes the NHSC Loan Repayment ■ utilized, it is HHS’s assessment that the For reasons set out in the preamble, agency is unlikely to receive any and Scholarship Programs). The repeal and under the authority at 5 U.S.C. 301, comments opposing the repeal of these of these regulations will not create any HHS amends 42 CFR chapter I by regulations. Thus, a comment period challenges for other programs, as the removing part 5a. prior to finalization of this rule is law and regulations apply solely to [FR Doc. 2018–13835 Filed 6–26–18; 8:45 am] unnecessary. This rule poses no new NHSC clinicians. BILLING CODE 4165–15–P substantive requirements or burdens on Executive Orders 12866, 13563, 13771, the public. and 13777 DEPARTMENT OF HEALTH AND Background Executive Orders 12866 and 13563 HUMAN SERVICES In 1986, HHS issued implementing direct agencies to assess all costs and regulations, as directed in Section 338G benefits of available regulatory 42 CFR Part 23 of the PHS Act, specifying the interest alternatives and, if regulation is RIN 0906–AB15 rate and loan repayment terms for necessary, to select regulatory private practice special loans to former approaches that maximize net benefits Removing Outmoded Regulations Corps members and interest rate and (including potential economic, Regarding the National Health Service loan repayment terms for private environmental, public health and safety Corps Program practice start-up loans to NHSC effects, distributive impacts, and scholarship recipients. equity). Executive Order 13771 directs AGENCY: Health Resources and Services The provision for Special Loans for agencies to categorize all impacts which Administration (HRSA), HHS. Former Corps Members to Enter Private generate or alleviate costs associated ACTION: Final rule. Practice authorized the Secretary to with regulatory burden and to make a one-time loan up to $25,000 to determine the actions net incremnatal SUMMARY: This action removes a Corps member. In exchange, the Corps effect. outmoded regulations for the National member reciprocated by committing to Section 3(f) of Executive Order 12866 Health Service Corps (NHSC) Program. serve as a full-time private practice defines a ‘‘significant regulatory action’’ The regulations were promulgated to provider in a Health Professional as an action that is likely to result in a implement Section 338G of the Public Shortage Area (HPSA) for a minimum of rule: (1) Having an annual effect on the Health Service (PHS) Act, relating to two years. The intent of these economy of $100 million or more in any private practice loans. The regulations regulations was to retain Corps members 1 year, or adversely and materially have not been updated since they were in HPSAs after the completion of their affecting a sector of the economy, issued in 1986. The regulations are no service obligation. The regulation is no productivity, competition, jobs, the longer relevant or needed as the NHSC longer relevant as the NHSC has not environment, public health or safety, or has not made private practice loan made such loan opportunities available State, local or Tribal governments or opportunities available since the 1980s, since the 1980s and, therefore, no longer communities (also referred to as and does not plan to do so in the needs to set repayment terms for private ‘‘economically significant’’); (2) creating foreseeable future. The removal of these practice start-up loans. HRSA does not a serious inconsistency or otherwise regulations will not create any intend to restart this loan program, as interfering with an action taken or challenges for other programs, as the the NHSC program currently has a planned by another agency; (3) law and regulations apply solely to retention rate of 88%, making additional materially altering the budgetary NHSC clinicians. incentives unnecessary. impacts of entitlement grants, user fees, DATES: This action is effective July 27, Section 338G also authorizes Private or loan programs or the rights and 2018. Start-Up Loans. At the time the statute obligations of recipients thereof; or (4) FOR FURTHER INFORMATION CONTACT: was enacted, only the NHSC raising novel legal or policy issues Sweta Maheshwari J.D., Legislative Scholarship Program existed. Scholars arising out of legal mandates, the Analyst, Division of Policy and Shortage were able to apply for up to $25,000 to President’s priorities, or the principles Designation, Bureau of Health purchase or lease the equipment and set forth in the Executive Order. Workforce, HRSA, 5600 Fishers Lane, supplies needed for providing health A regulatory impact analysis (RIA) Room 11W21A, Rockville, MD 20857, services in their private practices. The must be prepared for major rules with by phone at (301) 945–3527, or by email intention of the program was to offer economically significant effects ($100 at [email protected]. further incentives to recruit health million or more in any 1 year). HHS SUPPLEMENTARY INFORMATION: In professions students into the program. submits that this final rule is not response to Executive Order 13777 and The regulation is no longer relevant ‘‘economically significant’’ as measured Executive Order 13563, Sec. 6(a), which since the NHSC has not made such loan by the $100 million threshold, and direct agencies to repeal existing opportunities available since the 1980s hence not a major rule under the

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Congressional Review Act. This rule has 1345 (42 U.S.C. 254f et seq.), 95 Stat. 912 (42 Relief Fund Program designed to not been designated as a ‘‘significant U.S.C. 254p(c)), 95 Stat. 910 (42 U.S.C. provide payments to individuals with regulatory action’’ under Executive 254n(e)(1)). blood-clotting disorders, such as Order 12866. Accordingly, this rule has hemophilia, who contracted HIV Subparts B and C [Removed] not been reviewed by the Office of through the use of antihemophilic factor Management and Budget (OMB). ■ 2. Remove subpart B, consisting of administered between July 1, 1982, and Executive Order 13771, titled §§ 23.21 through 23.35, and subpart C, December 31, 1987. The Act also ‘‘Reducing Regulation and Controlling consisting of § 23.41. provided for payments to certain Regulatory Costs,’’ was issued on persons who contracted HIV from an [FR Doc. 2018–13837 Filed 6–26–18; 8:45 am] January 30, 2017. HHS identifies this individual as described above and final rule as a deregulatory action BILLING CODE 4165–15–P certain specified survivors. (removing an obsolete rule from the HHS promulgated 42 CFR part 130 to Code of Federal Regulations). For the DEPARTMENT OF HEALTH AND establish the proper regulatory purposes of Executive Order 13771, this HUMAN SERVICES framework for program implementation. final rule is not a substantive rule; The regulation can be conceptualized as rather it is administrative in nature and 42 CFR Part 130 four parts: The process for payment, the provides no cost savings. documentation required to prove RIN 0906–AB13 Executive Order 13777, titled eligibility, the petition process, and the ‘‘Enforcing the Regulatory Reform Removing Outmoded Regulations reconsideration process. The Ricky Ray Agenda,’’ was issued on February 24, Regarding the Ricky Ray Hemophilia Hemophilia Relief Fund was authorized 2017. As required by Section 3 of this Relief Fund Program with a directive to pay $100,000 in Executive Order, HHS established a compensation to eligible individuals. At Regulatory Reform Task Force (HHS AGENCY: Health Resources and Services that time, however, no funds were Task Force). Pursuant to Section 3(d)(ii), Administration, HHS. appropriated to implement this statute. the HHS Task Force evaluated this ACTION: Final rule. In FY 2000, Congress appropriated $75 rulemaking and determined that these million and, in FY 2001, Congress regulations are ‘‘outdated, unnecessary, SUMMARY: This action removes the appropriated $580 million, for a total of or ineffective.’’ Following this finding, outmoded regulations for the Ricky Ray $655 million. The appropriated amounts the HHS Task Force advised the HRSA Hemophilia Relief Fund Program. The provided sufficient funding to make Administrator to initiate this program and its implementing compassionate payments on all eligible rulemaking to remove the obsolete regulation have been rendered obsolete petitions received by the program. The regulations from the Code of Federal by the statutory language in the program received over 6,000 petitions Regulations. authorizing legislation stating that the resulting in approved payments over Fund should terminate on the Regulatory Flexibility Act $550 million. expiration of the 5-year period The statutory language in the This action will not have a significant beginning on the date of the enactment authorizing legislation stated that the economic impact on a substantial of the Act. The statute was enacted on ‘‘Fund shall terminate upon the number of small entities. Therefore, the November 12, 1998; thus, the fund expiration of the 5-year period regulatory flexibility analysis provided expired on November 12, 2003. beginning on the date of the enactment for under the Regulatory Flexibility Act DATES: This action is effective July 27, of this Act.’’ The statute was enacted on is not required. 2018. November 12, 1998; thus, the fund Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: expired on November 12, 2003. The Sweta Maheshwari J.D., Legislative This action does not affect any program is no longer in effect or funded. Analyst, Division of Policy and Shortage information collections. The repeal of this regulation should not Designation, Bureau of Health create any challenges for other Dated: June 4, 2018. Workforce, HRSA, 5600 Fishers Lane, programs, as the regulation was strictly George Sigounas, Room 11W21A, Rockville, MD 20857, for the implementation of the Ricky Ray Administrator, Health Resources and Services by phone at (301) 945–3527, or by email Hemophilia Relief Fund program, which Administration. at [email protected]. has not been in operation for almost 14 Approved: June 21, 2018. SUPPLEMENTARY INFORMATION: In years. Alex M. Azar II, response to Executive Order 13563, Sec. Executive Orders 12866, 13563, 13771, Secretary, Department of Health and Human 6(a), which urges agencies to repeal and 13777 Services. existing regulations that are outmoded from the Code of Federal Regulations Executive Orders 12866 and 13563 List of Subjects in 42 CFR Part 23 (CFR), HHS is removing 42 CFR part direct agencies to assess all costs and Health, Health professions. 130. HHS believes that there is good benefits of available regulatory For reasons set out in the preamble, cause to bypass notice and comment alternatives and, if regulation is and under the authority at 5 U.S.C. 301, and proceed to a final rule, pursuant to necessary, to select regulatory HHS amends 42 CFR part 23 as follows: 5 U.S.C. 553(b)(3)(B). The action is non- approaches that maximize net benefits controversial, as it merely removes a (including potential economic, PART 23—NATIONAL HEALTH provision from the CFR that is obsolete. environmental, public health and safety SERVICE CORPS This rule poses no new substantive effects, distributive impacts, and requirements on the public. equity). Executive Order 13771 directs ■ 1. The authority citation for part 23 agencies to categorize all impacts which continues to read as follows: Background generate or alleviate costs associated Authority: Secs. 333, 338E(c), and The Ricky Ray Hemophilia Relief with regulatory burden and to 338C(e)(1), Public Health Service Act. 90 Fund Act of 1998 (Pub. L. 105–369) determine the actions net incremnatal Stat. 2272, as amended, 95 Stat. 905, 97 Stat. established the Ricky Ray Hemophilia effect.

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Section 3(f) of Executive Order 12866 regulatory flexibility analysis provided rules, which contain modified defines a ‘‘significant regulatory action’’ for under the Regulatory Flexibility Act information collection requirements that as an action that is likely to result in a is not required. have not yet been approved by the rule: (1) Having an annual effect on the Paperwork Reduction Act Office of Management and Budget economy of $100 million or more in any (OMB) under the Paperwork Reduction 1 year, or adversely and materially This action does not affect any Act of 1995 (PRA), Public Law 104–13. affecting a sector of the economy, information collections. The IP CTS compensation rate adopted productivity, competition, jobs, the Dated: June 4, 2018. for the 2018–19 Fund Year shall be environment, public health or safety, or George Sigounas, effective July 1, 2018. State, local or Tribal governments or Administrator, Health Resources and Services Applicability date: IP CTS providers communities (also referred to as Administration. ‘‘economically significant’’); (2) creating must comply with the requirement to Approved: June 21, 2018. a serious inconsistency or otherwise ensure that any volume control or other interfering with an action taken or Alex M. Azar II, amplification feature can be adjusted planned by another agency; (3) Secretary, Department of Health and Human separately and independently of the materially altering the budgetary Services. caption feature on or before December 8, impacts of entitlement grants, user fees, List of Subjects in 42 CFR Part 130 2018. or loan programs or the rights and Health care, Hemophilia, HIV/AIDS. FOR FURTHER INFORMATION CONTACT: obligations of recipients thereof; or (4) Michael Scott, Consumer and raising novel legal or policy issues PART 130—[REMOVED] Governmental Affairs Bureau, FCC, at arising out of legal mandates, the (202) 418–1264, or email President’s priorities, or the principles ■ For reasons set out in the preamble, [email protected]. set forth in the Executive Order. and under the authority at 5 U.S.C. 301, A regulatory impact analysis (RIA) HHS amends 42 CFR chapter I by SUPPLEMENTARY INFORMATION: This is a must be prepared for major rules with removing part 130. summary of the Commission’s Report economically significant effects ($100 and Order and Declaratory Ruling in CG [FR Doc. 2018–13836 Filed 6–26–18; 8:45 am] million or more in any 1 year). HHS Docket Nos. 03–123 and 13–24; BILLING CODE 4165–15–P submits that this final rule is not document FCC 18–79, adopted on June ‘‘economically significant’’ as measured 7, 2018 and released on June 8, 2018. by the $100 million threshold, and Document FCC 18–79 concerns the hence not a major rule under the FEDERAL COMMUNICATIONS modernization and reform of the Congressional Review Act. This rule has COMMISSION Commission’s rules for IP CTS. The not been designated as a ‘‘significant 47 CFR Part 64 Commission previously sought regulatory action’’ under Executive comment on these issues in Misuse of Order 12866. Accordingly, this rule has [CG Docket Nos. 13–24 and 03–123; FCC internet Protocol (IP) Captioned not been reviewed by the Office of 18–79] Telephone Service; Management and Budget (OMB). Telecommunications Relay Services and IP CTS Modernization and Reform Executive Order 13771, titled Speech-to-Speech Services for ‘‘Reducing Regulation and Controlling AGENCY: Individuals with Hearing and Speech Regulatory Costs,’’ was issued on Federal Communications Commission. Difficulties, published at 78 FR 54201, January 30, 2017. HHS identifies this September 3, 2013 (2013 IP CTS Reform final rule as a deregulatory action ACTION: Final rule and clarification. FNPRM). A Further Notice of Proposed (removing an obsolete rule from the SUMMARY: In this document, the Rulemaking (Further Notice) and Notice Code of Federal Regulations). For the Commission alters the methodology for of Inquiry are contained in document purposes of Executive Order 13771, this setting provider compensation rates for FCC 18–79 and address additional final rule is not a substantive rule; internet Protocol Captioned Telephone issues concerning the funding, rather it is administrative in nature and Service (IP CTS) and establishes interim administration, and user eligibility for provides no cost savings. Executive Order 13777, titled compensation rates for Fund Years this service, as well as performance ‘‘Enforcing the Regulatory Reform 2018–19 and 2019–20. The Commission goals and metrics to ensure service Agenda,’’ was issued on February 24, also adopts rules that address the quality for users. The Further Notice 2017. As required by Section 3 of this provision of volume control on IP CTS and Notice of Inquiry will be published Executive Order, HHS established a devices, require the accuracy of IP CTS elsewhere in the Federal Register. The Regulatory Reform Task Force (HHS information disseminated by providers, full text of document FCC 18–79 will be Task Force). Pursuant to Section 3(d)(ii), and prohibit the provision of service to available for public inspection and the HHS Task Force evaluated this ineligible users. Finally, the copying via the Commission’s rulemaking and determined that these Commission declares that speech-to-text Electronic Comment Filing System regulations are ‘‘outdated, unnecessary, automation, without the participation of (ECFS), and during regular business or ineffective.’’ Following this finding, a communications assistant (CA), may hours at the FCC Reference Information the HHS Task Force advised the HRSA be used to generate IP CTS captions. Center, Portals II, 445 12th Street SW, Administrator to initiate this DATES: Room CY–A257, Washington, DC 20554. rulemaking to remove the obsolete Effective dates: 47 CFR 64.604(c)(10) To request materials in accessible regulations from the Code of Federal and (c)(13)(i)–(ii) are effective July 27, formats for people with disabilities Regulations. 2018. The Commission will publish a (Braille, large print, electronic files, document in the Federal Register audio format), send an email to fcc504@ Regulatory Flexibility Act announcing the effective date of 47 CFR fcc.gov, or call the Consumer and This action will not have a significant 64.604(c)(11)(v) and the amendments to Governmental Affairs Bureau at (202) economic impact on a substantial 47 CFR 64.604(c)(5)(iii)(D)(1), (6), and 418–0530 (voice), (844) 432–2272 number of small entities. Therefore, the (c)(13)(iii)–(iv) of the Commission’s (videophone), or (202) 418–0432 (TTY).

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Congressional Review Act million, while annual IP CTS minutes consumers. Initial rate reductions of The Commission sent a copy of grew from approximately 29 million to approximately 10 percent per year, over document FCC 18–79 to Congress and 362 million—an amount that is more two years, will strike a reasonable the Government Accountability Office than 18 times greater than annual CTS balance between the need to bring IP pursuant to the Congressional Review minutes. Average per-minute expenses CTS rates in line with costs and reduce Act, 5 U.S.C. 801(a)(1)(A). for IP CTS dropped from $2.0581 in the TRS Fund contribution burden, and 2011 to $1.2326 in 2017, while the avoiding rate shock for IP CTS providers Final Paperwork Reduction Act of 1995 MARS rate increased from $1.7630 to and potential disruption of the Analysis $1.9467 for the same period. The 2017– provision and quality of service for The Report and Order in document 18 MARS rate exceeds the average 2017 consumers. This approach will allow a FCC 18–79 contains modified IP CTS expenses by approximately 58 reasonable opportunity for higher-cost information collection requirements, percent. This divergence invalidates the providers to adjust to average-cost-based which are not effective until approval is rationale for continuing to use a MARS- compensation by reducing unnecessary obtained from OMB. The Commission, based rate to determine IP CTS expenses—and thereby encourage as part of its continuing effort to reduce compensation. multiple providers to remain in the IP paperwork burdens, will invite the 4. Setting a Rate Closer to Reasonable CTS market. Finally, allowing the general public to comment on these IP CTS Costs. The Commission finds it compensation rate to stay, for the information collection requirements as important to act without delay to bring present, at levels well above average required by the PRA. The Commission provider compensation more in line allowable costs allows IP CTS providers will publish a separate document in the with reported provider costs. IP CTS to continue participating in research Federal Register announcing approval minutes have increased dramatically and thus will ‘‘not discourage or impair of the information collection over the last nine years and the the development of improved requirements. Pursuant to the Small contribution base for the TRS Fund has technology.’’ 47 U.S.C. 225(d)(2). Business Paperwork Relief Act of 2002, been shrinking, requiring interstate and 7. Applying these interim rates for a Public Law 107–198, 44 U.S.C. international telecommunications and period of two years will allow the 3506(c)(4), the Commission previously VoIP service providers, and their Commission to fully evaluate the sought comment on how the subscribers, to contribute an ever-larger appropriateness of some categories of Commission might ‘‘further reduce the percentage of revenues to support these allowable costs for this service, as well information burden for small business services. The Commission is also as the extent to which compensation for concerns with fewer than 25 concerned that excessive compensation this service should be subject to price- for IP CTS may increase provider cap-index adjustments. In addition, this employees.’’ 2013 IP CTS Reform incentives to recruit and register IP CTS period will afford the Commission an FNPRM. users, regardless of their actual need for opportunity to determine how best a Synopsis the service, leading to even greater fully automated method of providing IP potential for waste of TRS Fund dollars. CTS should be compensated. IP CTS Compensation 5. The Commission concludes that the 8. The Commission directs that the IP 1. IP CTS, a form of most recently filed cost and demand CTS compensation rate be reduced in telecommunications relay services data are sufficiently reliable to serve as two steps of approximately 10 percent (TRS) supported by the Interstate TRS a basis for setting interim IP CTS rates. each: First, a $0.19467 reduction from Fund (TRS Fund), allows individuals As with video relay service (VRS) the $1.9467 per minute rate currently in with hearing loss to both read captions compensation rates, a weighted average effect, to a rate of $1.75 per minute for and use their residual hearing to of the historical per-minute expenses the 2018–19 Fund Year, from July 1, understand a telephone conversation. IP reported by providers for 2017 and the 2018, to June 30, 2019; and second, a CTS providers receive compensation projected per-minute expenses for 2018, further $0.17 reduction of the from the TRS Fund on a per-minute which for IP CTS is approximately $1.28 compensation rate from $1.75 to $1.58 basis. The compensation rate has been per minute, provides a reasonable per minute for the 2019–20 Fund Year, determined using a methodology known baseline for taking initial steps to move from July 1, 2019, to June 30, 2020. as the Multistate Average Rate Structure the IP CTS compensation rate toward These reductions will save the TRS (MARS) Plan, which calculates the actual cost. Further, the Commission Fund a minimum of $399 million over weighted average per-minute finds it reasonable to allow an operating two years, as compared to applying the compensation paid by state TRS margin between 7.6% to 12.35% for IP MARS rate. If the Commission finds that programs to providers of intrastate CTS CTS providers in the same ‘‘zone of actual costs are substantially below the for the prior calendar year. reasonableness’’ that applies to VRS interim rates, the Commission may 2. The Commission’s mandate in providers given the service sector adjust those rates accordingly. determining TRS compensation rates is similarities between VRS and IP CTS, 9. While the use of provider cost data to ensure that the rates correlate to and that the bulk of costs for both are adds complexity, and may require actual reasonable costs. MARS is no attributable to labor rather than capital. detailed analysis, it would not be longer an effective methodology to Adding an operating margin within that reasonable for the Commission, in order accomplish this. The Commission reasonable range to the average IP CTS to avoid such complexity, to continue to therefore terminates use of the MARS expenses of $1.28 results in a total rely on a proxy that does not bear a methodology. average cost between approximately reasonable relationship to actual costs. 3. The per-minute costs currently $1.38 and $1.44. Any burden arising from switching to a reported by IP CTS providers are not 6. While the Commission’s goal is to more complex rate methodology is comparable to those for CTS—largely, it move the IP CTS rate to a cost-based outweighed by the benefits of having a appears, because demand for IP CTS level, immediately reducing the IP CTS more accurate compensation rate, now greatly exceeds the demand for compensation rate to this extent could including the benefit of savings to the CTS. Specifically, from 2011 to 2017, produce a disruption in the IP CTS Fund. annual CTS minutes declined from market and potentially negative 10. Setting interim rates for two years, approximately 40 million to 19.9 consequences for both providers and rather than a single year, will provide a

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greater degree of rate certainty for necessary for the purpose of captioning functions of an IP CTS providers and can mitigate the risk of determining the allowability and device or software application. rewarding inefficiency, discouraging reasonableness of costs reported to be Allowing users to enable volume control innovation, and incentivizing providers incurred in the provision of TRS, to only when captions are turned on to incur unnecessary costs, all potential require providers to submit additional promotes waste, in that it forces the effects of annual cost-of-service rate detail on such contractor expenses, costly generation of captions even when setting. A multi-year approach allows including the submission of complete the user only requires increased volume individual providers to gain additional copies of such contracts and related to communicate effectively by phone. In profit during each multi-year period correspondence or other records and addition, decoupling these features will from any innovations and efficiency information relevant to determining the enable consumers who are not enhancing measures that reduce their nature of the services provided and the registered IP CTS users to access the per-minute costs during that period. allocation of the costs of such services amplification features of IP CTS devices 11. The TRS Fund administrator’s to cost categories. This additional without the captions. Compliance with cost calculations used to establish the transparency will help the Commission a delinking requirement will not impose interim rates are based on the same ensure that the costs reported by a substantial cost on IP CTS providers, categories of provider costs that providers are reasonable. and any likely cost will be more than generally have been deemed allowable 13. The Commission believes that its offset by the efficiency gain resulting in calculating rates for other forms of current authority to collect the above from the reduction in unnecessary TRS. Provider objections to these information is contained in rules that captioning services. categories raise no significant arguments require TRS providers to provide the 16. The compliance deadline for that have not been addressed and TRS Fund administrator ‘‘true and making this change is December 8, 2018. previously resolved in the adequate data, and other historical, IP CTS providers must ensure that all IP Commission’s prior rulings. projected and state rate related CTS devices—as well as user software 12. Collecting Additional Cost information reasonably requested to for such devices—that they newly Information for Setting Future IP CTS determine the TRS Fund revenue distribute to users after December 8, Rates. The Commission remains requirements and payments,’’ and 2018 are configured to allow volume concerned that some of the expenses which authorize both the TRS Fund control to be adjusted independently of incurred by IP CTS providers have not administrator and the Commission ‘‘to the captioning feature. The Commission been reported in sufficient detail to examine and verify TRS provider data also requires providers to ensure that all enable the Fund administrator to as necessary to assure the accuracy and previously distributed devices are confirm their allowability and integrity of TRS Fund payments.’’ 47 delinked by December 8, 2018. reasonableness. Some IP CTS providers, CFR 64.604(c)(5)(iii)(D)(1), (6). To 17. Website, Advertising and who contract with other entities for the further clarify such authority, however, Educational Information Notifications. provision of call centers, CA staffing, and to provide for greater consistency in The Commission amends its rules to and other services, as well as the the rules, the Commission amends its require IP CTS providers to include both licensing of intellectual property, report rules to explicitly provide for the of the following factual notifications in payments to contractors as collection of information laid out in the a clear and prominent location on their ‘‘subcontractor expenses,’’ with no preceding paragraph. In addition, the advertising brochures, websites, user breakdown into specific expense Commission further amends its rules to manuals, and other informational reporting categories. Given that the provide that, in the course of an audit materials and websites: expenses classified in this manner or otherwise upon demand, an IP CTS • IP captioned telephone service may comprise an unusually large portion of provider must make documentation, use a live operator. The operator total reported IP CTS costs, such including contracts with entities generates captions of what the other reporting obscures the nature of a providing services or equipment party to the call says. These captions are substantial portion of reported IP CTS directly related to the provision of IP then sent to your phone. costs and hinders review of such costs CTS, available to the Commission, the • There is a cost for each minute of incurred by such providers to assess TRS Fund administrator, or any person captions generated, paid from a their allowability and reasonableness. authorized by the Commission or TRS federally administered fund. Accordingly, the Commission directs Fund administrator to conduct an audit. The first part of the notification is not the TRS Fund administrator to require required from those IP CTS providers IP CTS providers that contract for the Measures To Limit Unnecessary IP CTS who do not use live CAs. In the case of supply of services used in the provision Use and Waste of the TRS Fund websites, The Commission requires of TRS to include information about 14. The dramatic growth in IP CTS such language to be included on the payments under such contracts call volume appears to result in part home page, each page that provides classified according to the substantive from provider practices that promote consumer information about IP CTS, cost categories specified by the over-use of IP CTS, including by people and each page that provides information administrator, including, e.g., allocation with hearing loss who may be able to on how to order IP CTS or IP CTS of subcontractor expenses between call achieve functionally equivalent equipment. center expenses and intellectual telephone service using other forms of 18. Requiring these notifications will property licensing fees, and how the off-the-shelf or assistive technologies. enhance the Commission’s efforts to provider determined or calculated the The Commission concludes that the prevent casual or inadvertent use of IP portion of contractual payments following steps are needed to minimize CTS and will not impose a significant attributable to each cost category. All such unnecessary use, and the burden that outweighs their benefits. cost reports submitted in the future by consequent waste of TRS Fund When captioning devices are turned on IP CTS providers shall provide such a resources. by default, it is critical to make potential breakdown and explanation. The 15. Volume Control and Caption users aware through ‘‘multiple and Commission also directs the Fund Settings. The Commission amends its repeated sources of information’’ that IP administrator, to the extent that the rules to prohibit IP CTS providers from CTS involves significant costs and must administrator reasonably deems linking the volume control and not be used by individuals who do not

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need it. Persons that truly need this free Declaratory Ruling on Automatic methods. As IP CTS providers begin service for functionally equivalent Speech Recognition offering fully automated ASR, the telephone service have every incentive 22. In document FCC 18–79, the Commission will be able to gather data to obtain it. Rather than deter IP CTS Commission determines that the that can inform the Commission’s use by such individuals, these notices provision of CTS and IP CTS using adoption of further measures to improve will help to ensure that individuals who automated speech recognition (ASR) to its utility. Any provider offering ASR might be attracted to it are aware of its generate captions without the must ensure that its service complies functions and financing. involvement of a CA is a form of relay with the mandatory minimum standards of § 64.604 of the Commission’s rules in 19. General Prohibition on Providing service eligible for compensation from order to obtain and retain certification Service to Users Who Do Not Need It. the TRS Fund if provided in compliance to provide IP CTS. The Commission modifies the current with applicable TRS mandatory prohibition on VRS providers engaging minimum standards. Specifically, the Consistency With Commission in fraudulent, abusive, and wasteful Commission concludes that such Precedent practices by amending it to include IP services are included within the 26. The use of ASR is consistent with CTS providers. As amended, the rule statutory definition of TRS, as the Commission’s prior rulings prohibits both IP CTS and VRS ‘‘telephone transmission services that authorizing CTS in both its analog and providers from engaging in practices provide the ability’’ to engage in internet forms. The definition of IP CTS that the provider knows or has reason to communication by wire or radio ‘‘in a does not specify how captions must be know will cause or encourage (1) the manner that is functionally equivalent’’ generated, including whether they unauthorized use of TRS, (2) false or to voice communications service. 47 should be generated through automation unverified TRS Fund compensation U.S.C. 225(a)(3). or human-assisted methods. In this claims, (3) the making of TRS calls that Benefits of ASR regard, the Commission already has would not otherwise be made, and (4) approved a form of IP CTS that relies on the use of TRS by consumers who do 23. The use of ASR to generate automated speech recognition programs not need the service in order to captions for CTS and IP CTS has several (assisted by CAs) to convert speech to communicate by telephone in a benefits. First, ASR can better achieve captions during an IP CTS call. The only functionally equivalent manner. near simultaneous communication than differences between ASR and CA- is possible with CA-assisted captions. 20. The Commission clarifies that assisted ASR is that with CA-assisted Second, the substantially lower costs of ASR, CAs ‘‘train’’ speech recognition ‘‘unauthorized use’’ of IP CTS, under operation for ASR can allow for the clause (1) above, means use by an programs to understand their voices provision of IP CTS with far greater when they re-voice a caller’s speech, individual who is not registered with a efficiency. Finally, as a fully automated provider. Further, a practice is and have a limited opportunity to make method of generating captions that is corrections to the captions that are prohibited where it artificially not dependent on human intervention, stimulates TRS usage, enables or produced. Advancements in ASR ASR can allow enhanced call privacy reduce the need for such training and encourages participation by and ensure the seamless continuation of unauthorized users, or uses financial human editing, and use of this communications when exigent technology for IP CTS without CA incentives to attract new TRS users or circumstances, such as severe weather to increase usage. However, the involvement does not fundamentally events, threaten IP CTS call center change the functional role of the service, Commission allows IP CTS providers to operations. be compensated for calls made by which is to produce captions from a 24. Improvements in accuracy, user’s speech. unregistered users when such calls are coupled with ASR’s advantages in speed made from temporary, public IP CTS and privacy, have made ASR a viable Statutory Authority devices set up in emergency shelters. alternative to the use of human relay 27. Using ASR for the provision of IP When service for such a device is intermediaries for CTS and IP CTS. IP CTS is fully consistent with the initiated at the shelter, the IP CTS CTS providers and others have shown Commission’s statutory authority. The provider must notify the TRS Fund heightened interest in utilizing this provision of IP CTS utilizing ASR will administrator of the date of such method for the provision of captions, contribute to functional equivalence by activation and termination. and the Commission has received two enabling providers to enhance the 21. In addition, an IP CTS provider applications for certification to provide privacy, ensure seamless shall not seek payment from the TRS IP CTS using ASR. Additionally, ASR- communications, and reduce the latency Fund for any minutes of service that it only products are being trialed and of IP CTS offerings. Section 225 of the knows or has reason to know are adopted internationally as a means of Act is neutral as to the technology and resulting from such prohibited generating captions from speech, for method used to achieve functional practices. Any IP CTS provider that people with hearing and speech equivalency and expressly requires the becomes aware of such practices being disabilities. Commission to encourage technological or having been committed by any 25. The Commission is not mandating innovation in TRS. Further, offering an person shall, as soon as practicable, ASR as the sole means of offering IP ASR option that will largely eliminate report such practices to the Commission CTS. IP CTS providers will be able to personnel costs associated with IP CTS or the TRS Fund administrator. All choose among three methods of will help fulfill Congress’s directive to monies paid from the TRS Fund to providing Fund-supported IP CTS: (1) IP provide TRS in the most efficient providers who are found by the CTS using fully automated ASR; (2) IP manner. Commission to be in violation of this CTS using CA-assisted ASR; and (3) new IP CTS rule shall be recoverable by stenographic-supported IP CTS. Provider Certification and Other the TRS Fund administrator, and such Consumers will continue to be able to Requirements providers may also be subject to select an IP CTS provider based on the 28. The Commission authorizes the forfeitures and other enforcement overall quality of service each provider Consumer and Governmental Affairs actions. offers by means of the available Bureau (Bureau) to review and approve

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applications for certification to provide data, and . . . information reasonably notifications in a clear and prominent IP CTS by means of ASR in whole or in requested to determine the TRS Fund location on their advertising brochures, part. The Bureau may determine on a revenue requirements and payments.’’ websites, user manuals, and other case-by-case basis the extent to which 47 CFR 64.604(c)(5)(iii)(D)(1). Requests informational materials and websites: an applicant’s proposed method of from the TRS Fund administrator for • IP captioned telephone service may providing ASR will enable it to provide information that would help establish use a live operator. The operator IP CTS in a manner that meets the whether payments are justified and help generates captions of what the other Commission’s minimum TRS standards determine the costs for ASR IP CTS party to the call says. These captions are for functionally equivalent service. To could reasonably include: then sent to your phone. assist the Bureau in making this • A breakdown, in the provider’s • There is a cost for each minute of assessment, where use of ASR in monthly call detail report, indicating captions generated, paid from a conjunction with CA-assisted caption minutes for which ASR is substituted federally administered fund. generation is proposed, applicants for CA-assisted IP CTS; The first part of the notification is not should include in their certification • Estimates of the difference in the required from those IP CTS providers applications a detailed description of costs incurred to handle ASR and CA- who do not use live CAs. Third, the the criteria that will be used to assisted calls, with a detailed Commission adopts a general determine when to use and transfer breakdown of the specific variable costs prohibition against providing IP CTS to between each of these methods. incurred for each type of call, as well as consumers who do not genuinely need Applicants should support all claims underlying assumptions and the service. Providers that become regarding their use of ASR and its calculations; and aware of prohibited practices must efficacy through documentary and other • Documentation of incremental costs report them to the Commission or the evidence and should provide incurred in providing ASR, including TRS Fund administrator. information about measures they will any incremental costs associated with take to ensure the confidentiality of call engineering and technical Summary of Significant Issues Raised by content. The Bureau will not approve implementation, marketing, Public Comments in Response to the any application to provide IP CTS using administrative and management support IRFA ASR that does not demonstrate that the (including oversight, evaluation, and 36. No comments were filed in applicant will meet the Commission’s recordkeeping) and, for hybrid forms of response to the IRFA. mandatory minimum standards for IP CTS, any costs associated with Response to Comments by the Chief functional equivalency. enabling transfers back and forth Counsel for Advocacy of the Small 29. Certifications for the provision of between ASR and CA-assisted IP CTS. IP CTS using ASR may be granted on a Business Administration conditional basis, to enable the Final Regulatory Flexibility Analysis 37. The Chief Counsel for Advocacy Commission’s assessment of an 32. As required by the Regulatory of the Small Business Administration applicant’s actual performance in Flexibility Act of 1980, as amended, the did not file any comments in response meeting or exceeding the mandatory Commission incorporated an Initial to the proposed rules in this proceeding. minimum standards. In addition, to the Regulatory Flexibility Analysis (IRFA) Small Entities Impacted extent deemed necessary, certification into the 2013 IP CTS Reform FNPRM. of a provider may be conditioned on the The Commission sought written public 38. The rules adopted in document submission of periodic data to help comment on the proposals in the 2013 FCC 18–79 will affect obligations of IP confirm whether ASR-driven IP CTS is IP CTS Reform FNPRM, including CTS providers. These services can be providing functionally equivalent comment on the IRFA. No comments included within the broad economic service. were received in response to the IRFA. category of All Other 30. If a currently operating IP CTS Telecommunications. provider wishes to incorporate ASR in Need For, and Objectives of, the Rules Description of Projected Reporting, its offerings, it must first receive 33. Document FCC 18–79 adopts an Recordkeeping, and Other Compliance approval from the Bureau to provide IP interim rate for IP CTS reflecting a Requirements CTS in this manner. In order to obtain weighted, cost-of-service methodology approval, any provider operating under based on an analysis of providers’ actual 39. The rule implementing a general conditional certification or interim and projected costs. prohibition against providing IP CTS to eligibility must update its application 34. In addition, the Commission consumers who do not genuinely need for permanent certification to describe directs the TRS Fund administrator to the service and the requirement to the change, and may be asked to provide require IP CTS providers that contract separate volume control and captioning additional data—beyond what was for the supply of services used in the functions on IP CTS devices do not submitted in its initial application for provision of TRS to include information create direct reporting, recordkeeping or certification—to demonstrate how about payments under such contracts other compliance requirements on IP modifications to its service will ensure classified according to the substantive CTS providers. the provision of a relay service that is cost categories specified by the 40. In transitioning away from the functionally equivalent to voice administrator. MARS methodology for IP CTS, the telephone service through compliance 35. Document FCC 18–79 also adopts Commission will require IP CTS with the Commission’s mandatory three rule changes to facilitate the providers to file annual cost and minimum standards. Commission’s efforts to reduce waste, demand data reports with the TRS Fund fraud, and abuse and improve its ability administrator. There is no additional Compensation to efficiently manage the IP CTS burden on IP CTS providers to file these 31. The Commission reminds all program. First, the Commission reports, as IP CTS providers have been providers that its rules require TRS prohibits linking volume control and voluntarily submitting such reports to providers seeking compensation from captioning use on IP CTS devices. the TRS Fund administer since 2011. the TRS Fund to ‘‘provide the Second, the Commission requires IP The Commission has received approval administrator with true and adequate CTS providers to include the following to require the collection of such

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information pursuant to the PRA, and payments according to the substantive Federal Communications Commission. the Commission is requiring the IP CTS cost categories specified by the Marlene Dortch, providers to submit their cost and administrator. This requirement, which Secretary, Office of the Secretary. demand data for 2017. In addition, the places minimal additional filing Commission is requiring providers to burdens on IP CTS providers, will be Final Rules supplement their cost data filings with offset by the benefit to the TRS Fund For the reasons discussed in the information about payments made by and its contributors by the increased preamble, the Federal Communications providers to subcontractors for the precision of calculating cost-based rates Commission amends 47 CFR part 64 as provision of call centers, CA staffing, resulting from increased accuracy of follows: and other services by classifying such TRS cost data submitted to the TRS payments according to the substantive Fund administrator. PART 64—MISCELLANEOUS RULES cost categories specified by the RELATING TO COMMON CARRIERS 44. Separating the volume control and administrator. These requirements, ■ which place minimal additional filing captioning functions on IP CTS devices 1. The authority citation for part 64 burdens on IP CTS providers, will be will place a minor burden on IP CTS continues to read as follows: offset by the benefit to the TRS Fund providers and device manufacturers to Authority: 47 U.S.C. 154, 202, 225, 251(e), and its contributors by the increased reconfigure the functionality. Such costs 254(k), 403(b)(2)(B), (c), 616, 620, Pub. L. precision of calculating cost-based rates will be offset from the likely decrease in 104–104, 110 Stat. 56. Interpret or apply 47 resulting from increased accuracy of waste and misuse of IP CTS, as U.S.C. 201, 202, 218, 222, 225, 226, 227, 228, TRS cost data submitted to the TRS individuals will be able to use a device’s 251(e), 254(k), 616, 620, and the Middle- Fund administrator. amplification features without also Class Tax Relief and Job Creation Act of being required to use the device’s 2012, Pub. L. 112–96, unless otherwise 41. The adoption of a requirement for noted. IP CTS providers to include a notice on captioning features. Providers have until IP CTS websites and informational December 8, 2018, to ensure that new ■ 2. Amend § 64.604 by revising materials to inform consumers about the and previously distributed devices are paragraphs (c)(5)(iii)(D)(1) and (6), process, cost, and source of funding will in compliance. (c)(10), adding paragraph (c)(11)(v), and place only a minimal burden on IP CTS 45. The general prohibition on revising paragraph (c)(13) to read as providers. It will be offset by the benefit practices resulting in IP CTS use by follows: to the TRS Fund and contributors to the ineligible individuals, the requirement § 64.604 Mandatory minimum standards. Fund resulting from the reduction of for providers that become aware of casual or inadvertent use of IP CTS that * * * * * prohibited practices to report them to (c) * * * such notice may provide by educating the Commission or the TRS Fund consumers via multiple sources of (5) * * * administrator, and the requirement for (iii) * * * information. IP CTS providers to include notices on 42. The requirement for providers that (D) Data collection and audits. (1) their informational materials and TRS providers seeking compensation become aware of prohibited practices to websites should not be burdensome and report them to the Commission or the from the TRS Fund shall provide the are necessary to combat waste, fraud, TRS Fund administrator should not be administrator with true and adequate and abuse. These requirements will help burdensome and is needed to prevent data, and other historical, projected and ensure the efficiency of the TRS waste, fraud, and abuse of the TRS state rate related information reasonably program, control the expenditure of Fund. requested to determine the TRS Fund public funds, reduce the amounts paid revenue requirements and payments. Steps Taken To Minimize Significant by contributors to the TRS Fund, and TRS providers shall provide the Impact on Small Entities, and ensure the future viability of the TRS administrator with the following: total Significant Alternatives Considered Fund and the provision of IP CTS. TRS minutes of use, total interstate TRS 43. The interim rates for IP CTS will Federal Rules Which Duplicate, minutes of use, total TRS investment in apply only to providers who are or may Overlap, or Conflict With, the general in accordance with part 32 of become certified by the Commission to Commission’s Proposals this chapter, and other historical or offer IP CTS in accordance with its projected information reasonably rules. The Commission adopts these 46. None. requested by the administrator for interim rates to: (1) Ensure that rates purposes of computing payments and compensate providers for their Ordering Clauses revenue requirements. In annual cost reasonable cost; (2) reduce waste of TRS Pursuant to sections 1, 2, 201(b), and data filings and supplementary Fund resources and the amounts that 225 of the Communications Act of 1934, information provided to the TRS Fund contributors pay to the fund; as amended, 47 U.S.C. 151, 152, 201(b), administrator regarding such cost data, and (3) ensure that TRS is made 225, document FCC 18–79 is adopted, IP CTS providers that contract for the available to the extent possible and in and part 64 of Title 47 is amended. supply of services used in the provision the most efficient manner. The of TRS shall include information about requirement to file cost and demand The Commission’s Consumer and payments under such contracts, data annually will not increase the Governmental Affairs Bureau, Reference classified according to the substantive burden on IP CTS providers because Information Center, shall send a copy of cost categories specified by the they have been submitting such data to document FCC 18–79, including the administrator. To the extent that a third the TRS Fund administrator since 2011. Final Regulatory Flexibility Analysis, to party’s provision of services covers The Commission is requiring providers the Chief Counsel for Advocacy of the more than one cost category, the to supplement their cost data filings Small Business Administration. resubmitted cost reports must provide with information about payments made List of Subjects in 47 CFR Part 64 an explanation of how the provider by providers to subcontractors for the determined or calculated the portion of provision of call centers, CA staffing, Individuals with disabilities, contractual payments attributable to and other services by classifying such Telecommunications. each cost category. To the extent that

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the administrator reasonably deems CTS device it distributes, directly or (13) Unauthorized and unnecessary necessary, providers shall submit indirectly: use of VRS or IP CTS. (i) A VRS or IP additional detail on such contractor (i) The device includes a button, key, CTS provider shall not engage in any expenses, including but not limited to icon, or other comparable feature that is practice that the provider knows or has complete copies of such contracts and easily operable and requires only one reason to know will cause or encourage: related correspondence or other records step for the consumer to turn on (A) False or unverified claims for TRS and information relevant to determining captioning; and Fund compensation; the nature of the services provided and (ii) On or after December 8, 2018, any (B) Unauthorized use of VRS or IP the allocation of the costs of such volume control or other amplification CTS; services to cost categories. feature can be adjusted separately and (C) The making of VRS or IP CTS calls * * * * * independently of the caption feature. that would not otherwise be made; or (6) Audits. The Fund administrator (11) * * * (D) The use of VRS or IP CTS by and the Commission, including the persons who do not need the service in Office of Inspector General, shall have (v) IP CTS providers shall ensure that their informational materials and order to communicate in a functionally the authority to examine and verify TRS equivalent manner. provider data as necessary to assure the websites used to market, advertise, educate, or otherwise inform consumers (ii) A VRS or IP CTS provider shall accuracy and integrity of TRS Fund not seek payment from the TRS Fund payments. TRS providers must submit and professionals about IP CTS include the following language in a prominent for any minutes of service it knows or to audits annually or at times has reason to know are resulting from determined appropriate by the location in a clearly legible font: ‘‘FEDERAL LAW PROHIBITS ANYONE the practices listed in paragraph Commission, the fund administrator, or (c)(13)(i) of this section or from the use by an entity approved by the BUT REGISTERED USERS WITH HEARING LOSS FROM USING of IP CTS by an individual who does not Commission for such purpose. A TRS need captions to communicate in a provider that fails to submit to a INTERNET PROTOCOL (IP) CAPTIONED TELEPHONES WITH THE functionally equivalent manner. requested audit, or fails to provide (iii) Any VRS or IP CTS provider that documentation necessary for CAPTIONS TURNED ON. IP Captioned Telephone Service may use a live becomes aware of any practices listed in verification upon reasonable request, paragraphs (c)(13)(i) or (ii) of this will be subject to an automatic operator. The operator generates captions of what the other party to the section being or having been committed suspension of payment until it submits by any person shall, as soon as to the requested audit or provides call says. These captions are then sent practicable, report such practices to the sufficient documentation. In the course to your phone. There is a cost for each Commission or the TRS Fund of an audit or otherwise upon demand, minute of captions generated, paid from administrator. an IP CTS provider must make available a federally administered fund.’’ For IP (iv) An IP CTS provider may complete any relevant documentation, including CTS provider websites, the language and request compensation for IP CTS contracts with entities providing shall be included on the website’s home services or equipment directly related to page, each page that provides consumer calls to or from unregistered users at a the provision of IP CTS, to the information about IP CTS, and each temporary, public IP CTS device set up Commission, the TRS Fund page that provides information on how in an emergency shelter. The IP CTS administrator, or any person authorized to order IP CTS or IP CTS equipment. provider shall notify the TRS Fund by the Commission or TRS Fund IP CTS providers that do not make any administrator of the dates of activation administrator to conduct an audit. use of live CAs to generate captions may and termination for such device. * * * * * shorten the notice to leave out the * * * * * (10) IP CTS settings. Each IP CTS second, third, and fourth sentences. [FR Doc. 2018–13753 Filed 6–26–18; 8:45 am] provider shall ensure that, for each IP * * * * * BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 83, No. 124

Wednesday, June 27, 2018

This section of the FEDERAL REGISTER I. Table of Abbreviations regulation is intended to ensure the contains notices to the public of the proposed safety of persons, vessels, and the issuance of rules and regulations. The CFR Code of Federal Regulations COTP Captain of the Port Sector Ohio marine environment on these navigable purpose of these notices is to give interested waters before, during, and after the persons an opportunity to participate in the Valley DHS Department of Homeland Security Owensboro Airshow. rule making prior to the adoption of the final FR Federal Register rules. No vessel or person would be MM Mile marker permitted to enter the regulated area NPRM Notice of proposed rulemaking without obtaining permission from the § Section COTP or a designated representative. A DEPARTMENT OF HOMELAND U.S.C. United States Code SECURITY designated representative is a II. Background, Purpose, and Legal commissioned, warrant, or petty officer Coast Guard Basis of the U.S. Coast Guard assigned to The City of Owensboro notified the units under the operational control of 33 CFR Part 100 Coast Guard that it would be conducting USCG Sector Ohio Valley. They may be an airshow practice over the Ohio River contacted on VHF–FM Channel 16 or by [Docket Number USCG–2018–0548] from mile marker (MM) 754.0 to MM telephone at 1–800–253–7465. A 760.0 from noon to 4 p.m. on September designated representative may be a Patrol Commander (PATCOM). The RIN 1625–AA08 13, 2018. Over the years, there have been unfortunate instances of aircraft PATCOM would be aboard either a Special Local Regulation; Ohio River, mishaps that involve crashing during Coast Guard or Coast Guard Auxiliary Owensboro, KY performances at various air shows vessel. The PATCOM may be contacted around the world. Occasionally, these on Channel 16 VHF–FM (156.8 MHz) by AGENCY: Coast Guard, DHS. incidents result in a wide area of the call sign ‘‘PATCOM’’. All persons ACTION: Notice of proposed rulemaking. scattered debris in the water that can and vessels not registered with the damage property or cause significant sponsor as participants or official patrol SUMMARY: The Coast Guard proposes to injury or death to the public observing vessels are considered spectators. The establish a temporary special local the air shows. The Captain of the Port ‘‘official patrol vessels’’ consist of any regulation for all navigable waters of the Sector Ohio Valley (COTP) has Coast Guard, state, or local law Ohio River, extending the entire width determined that a special local enforcement and sponsor provided of the river, from mile marker (MM) regulation is necessary to protect the vessels assigned or approved by the 754.0 to MM 760.0. This action is public from potential hazards associated COTP to patrol the regulated area. necessary to provide for the safety of with the aerial flight demonstration. Spectator vessels desiring to transit persons, vessels, and the marine This proposed rulemaking adds an the regulated area may do so only with environment during the Owensboro extra day to the recurring special local prior approval of the PATCOM and, Airshow. This proposed rulemaking regulation for the Owensboro Airshow when so directed by that officer, would would prohibit persons and vessels listed in our regulation for marine be operated at a minimum safe from being in the regulated area unless events within the Eighth Coast Guard navigation speed in a manner which authorized by the Captain of the Port District, 33 CFR 100.801, Table 1, Line will not endanger any other vessels. No Sector Ohio Valley or a designated 43. The airshow is requiring another day spectator vessel shall anchor, block, representative. We invite your of practice flights for the Blue Angels loiter, or impede the through transit of comments on this proposed rulemaking. that will be participating in this year’s official patrol vessels in the regulated DATES: Comments and related material event. area during the effective dates and must be received by the Coast Guard on The purpose of this rulemaking is to times, unless cleared for entry by or or before July 27, 2018. ensure the safety of persons, vessels, through an official patrol vessel. Any ADDRESSES: You may submit comments and the marine environment on the spectator vessel may anchor outside the identified by docket number USCG– navigable waters of the Ohio River regulated area, but may not anchor in, 2018–0548 using the Federal before, during, and after the Owensboro block, or loiter in a navigable channel. eRulemaking Portal at http:// Airshow. The Coast Guard proposes this Spectator vessels may be moored to a www.regulations.gov. See the ‘‘Public rulemaking under authority in 33 U.S.C. waterfront facility within the regulated Participation and Request for 1233. area in such a way that they shall not interfere with the progress of the air Comments’’ portion of the III. Discussion of Proposed Rule SUPPLEMENTARY INFORMATION section for show. further instructions on submitting The COTP proposes to establish a The COTP or a designated comments. temporary special local regulation for all representative may forbid and control navigable waters of the Ohio River from the movement of all vessels in the FOR FURTHER INFORMATION CONTACT: If MM 754.0 to MM 760.0 from noon to 4 regulated area. When hailed or signaled you have questions about this proposed p.m. on September 13, 2018. The by an official patrol vessel, a vessel shall rulemaking, call or email Petty Officer regulated area would cover all navigable come to an immediate stop and comply Riley Jackson, Sector Ohio Valley, U.S. waters of the Ohio River, extending the with the directions given. Failure to do Coast Guard; telephone 502–779–5348, entire width of the river, between MM so may result in expulsion from the email [email protected]. 754.0 and MM 760.0 in Owensboro, KY. regulated area, citation for failure to SUPPLEMENTARY INFORMATION: The duration of the special local comply, or both.

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The COTP or a designated small entities during rulemaking. The Order 13175, Consultation and representative may terminate the term ‘‘small entities’’ comprises small Coordination with Indian Tribal operation of any vessel at any time it is businesses, not-for-profit organizations Governments, because it would not have deemed necessary for the protection of that are independently owned and a substantial direct effect on one or life or property. The COTP or a operated and are not dominant in their more Indian tribes, on the relationship designated representative would fields, and governmental jurisdictions between the Federal Government and terminate enforcement of the special with populations of less than 50,000. Indian tribes, or on the distribution of local regulation at the conclusion of the The Coast Guard certifies under 5 U.S.C. power and responsibilities between the air show. The COTP or a designated 605(b) that this proposed rule would not Federal Government and Indian tribes. representative will inform the public of have a significant economic impact on If you believe this proposed rule has the enforcement times and date for this a substantial number of small entities. implications for federalism or Indian regulated area through Broadcast While some owners or operators of tribes, please contact the person listed Notices to Mariners (BNMs), Local vessels intending to transit the in the FOR FURTHER INFORMATION Notices to Mariners (LNMs), and/or temporary special local regulation may CONTACT section. Marine Safety Information Broadcasts be small entities, for the reasons stated E. Unfunded Mandates Reform Act (MSIBs) as appropriate. in section IV.A above, this proposed The regulatory text we are proposing rule would not have a significant The Unfunded Mandates Reform Act appears at the end of this document. economic impact on any vessel owner of 1995 (2 U.S.C. 1531–1538) requires or operator. IV. Regulatory Analyses Federal agencies to assess the effects of If you think that your business, their discretionary regulatory actions. In We developed this proposed rule after organization, or governmental particular, the Act addresses actions considering numerous statutes and jurisdiction qualifies as a small entity that may result in the expenditure by a Executive orders related to rulemaking. and that this rule would have a State, local, or tribal government, in the Below we summarize our analyses significant economic impact on it, aggregate, or by the private sector of based on a number of these statutes and please submit a comment (see $100,000,000 (adjusted for inflation) or Executive orders and we discuss First ADDRESSES) explaining why you think it more in any one year. Though this Amendment rights of protestors. qualifies and how and to what degree proposed rule would not result in such A. Regulatory Planning and Review this rule would economically affect it. an expenditure, we do discuss the Under section 213(a) of the Small Executive Orders 12866 and 13563 effects of this rule elsewhere in this Business Regulatory Enforcement preamble. direct agencies to assess the costs and Fairness Act of 1996 (Pub. L. 104–121), benefits of available regulatory we want to assist small entities in F. Environment alternatives and, if regulation is understanding this proposed rule. If the We have analyzed this proposed rule necessary, to select regulatory rule would affect your small business, under Department of Homeland approaches that maximize net benefits. organization, or governmental Security (DHS) Directive 023–01, which Executive Order 13771 directs agencies jurisdiction and you have questions guides the Coast Guard in complying to control regulatory costs through a concerning its provisions or options for with the National Environmental Policy budgeting process. This Notice of compliance, please contact the person Act of 1969 (42 U.S.C. 4321–4370f), and Proposed Rulemaking (NPRM) has not listed in the FOR FURTHER INFORMATION have made a preliminary determination been designated a ‘‘significant CONTACT section. The Coast Guard will that this action is one of a category of regulatory action,’’ under Executive not retaliate against small entities that actions that do not individually or Order 12866. Accordingly, the NPRM question or complain about this cumulatively have a significant effect on has not been reviewed by the Office of proposed rule or any policy or action of the human environment. This proposed Management and Budget (OMB), and the Coast Guard. pursuant to OMB guidance it is exempt rule involves a special local regulation from the requirements of Executive C. Collection of Information that would prohibit entry on a four-mile Order 13771. This proposed rule would not call for stretch of the Ohio River on one day. This regulatory action determination a new collection of information under Normally such actions are categorically is based on the size, location, duration, the Paperwork Reduction Act of 1995 excluded from further review under and time-of-day of the temporary special (44 U.S.C. 3501–3520). paragraph L61 of Appendix A, Table 1 local regulation. This proposed special of DHS Instruction Manual 023–01– local regulation restricts transit on a D. Federalism and Indian Tribal 001–01, Rev. 01. A preliminary Record four-mile stretch of the Ohio River for Governments of Environmental Consideration four hours on one day. Moreover, the A rule has implications for federalism supporting this determination is Coast Guard would issue Broadcast under Executive Order 13132, available in the docket where indicated Notices to Mariners, Local Notices to Federalism, if it has a substantial direct under ADDRESSES. We seek any Mariners, and Marine Safety effect on the States, on the relationship comments or information that may lead Information Bulletins about this special between the national government and to the discovery of a significant local regulation so that waterway users the States, or on the distribution of environmental impact from this may plan accordingly for this short power and responsibilities among the proposed rule. restriction on transit, and the rule various levels of government. We have G. Protest Activities would allow vessels to request analyzed this proposed rule under that permission to enter the regulated area. Order and have determined that it is The Coast Guard respects the First consistent with the fundamental Amendment rights of protesters. B. Impact on Small Entities federalism principles and preemption Protesters are asked to contact the The Regulatory Flexibility Act of requirements described in Executive person listed in the FOR FURTHER 1980, 5 U.S.C. 601–612, as amended, Order 13132. INFORMATION CONTACT section to requires Federal agencies to consider Also, this proposed rule does not have coordinate protest activities so that your the potential impact of regulations on tribal implications under Executive message can be received without

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jeopardizing the safety or security of between mile marker (MM) 754.0 and deemed necessary for the protection of people, places, or vessels. MM 760.0, Owensboro, KY. life or property. (b) Effective period. This section is (8) The COTP or a designated V. Public Participation and Request for effective from noon through 4 p.m. on representative will terminate Comments September 13, 2018. enforcement of the special local We view public participation as (c) Special local regulations. (1) In regulation at the conclusion of the air essential to effective rulemaking, and accordance with the general regulations show. will consider all comments and material in § 100.801, entry into this area is (d) Information broadcasts. The COTP received during the comment period. prohibited unless authorized by the or a designated representative will Your comment can help shape the Captain of the Port Sector Ohio Valley inform the public of the enforcement outcome of this rulemaking. If you (COTP) or a designated representative. times and date for this regulated area submit a comment, please include the A designated representative is a through Broadcast Notices to Mariners docket number for this rulemaking, commissioned, warrant, or petty officer (BNMs), Local Notices to Mariners indicate the specific section of this of the U.S. Coast Guard assigned to (LNMs), and/or Marine Safety document to which each comment units under the operational control of Information Broadcasts (MSIBs) as applies, and provide a reason for each USCG Sector Ohio Valley. They may be appropriate. suggestion or recommendation. contacted on VHF–FM Channel 16 or by Dated: June 21, 2018. We encourage you to submit telephone at 1–800–253–7465. A M.B. Zamperini, comments through the Federal designated representative may be a eRulemaking Portal at http:// Captain, U.S. Coast Guard, Captain of the Patrol Commander (PATCOM). The Port Sector Ohio Valley. www.regulations.gov. If your material PATCOM will be aboard either a Coast [FR Doc. 2018–13734 Filed 6–26–18; 8:45 am] cannot be submitted using http:// Guard or Coast Guard Auxiliary vessel. www.regulations.gov, contact the person The PATCOM may be contacted on BILLING CODE 9110–04–P in the FOR FURTHER INFORMATION Channel 16 VHF–FM (156.8 MHz) by CONTACT section of this document for the call sign ‘‘PATCOM’’. FEDERAL COMMUNICATIONS alternate instructions. (2) All persons and vessels not COMMISSION We accept anonymous comments. All registered with the sponsor as comments received will be posted participants or official patrol vessels are 47 CFR Parts 54 and 64 without change to http:// considered spectators. The ‘‘official www.regulations.gov and will include patrol vessels’’ consist of any Coast [WC Docket No. 10–90, 14–58, 07–135 and any personal information you have Guard, state, or local law enforcement CC Docket No. 01–92; Report No. 3091] provided. For more about privacy and and sponsor provided vessels assigned Petitions for Reconsideration of Action the docket, visit http:// or approved by the COTP to patrol the in Rulemaking Proceeding www.regulations.gov/privacyNotice. regulated area. Documents mentioned in this NPRM (3) Spectator vessels desiring to as being available in the docket, and all Correction transit the regulated area may do so only public comments, will be in our online In proposed rule document 2018– with prior approval of the PATCOM and docket at http://www.regulations.gov 12786, appearing on pages 27746–27747 when so directed by that officer will be and can be viewed by following that in the Issue of Thursday, June 14, 2018, operated at a minimum safe navigation website’s instructions. Additionally, if make the following correction: speed in a manner which will not you go to the online docket and sign up On page 27746, in the third column, endanger any other vessels. for email alerts, you will be notified under the heading ‘‘DATES:’’ the entry when comments are posted or a final (4) No spectator vessel shall anchor, ‘‘June 25, 2018’’ is corrected to read rule is published. block, loiter, or impede the through ‘‘July 9, 2018’’. transit of official patrol vessels in the [FR Doc. C1–2018–12786 Filed 6–26–18; 8:45 am] List of Subjects in 33 CFR Part 100 regulated area during the effective dates BILLING CODE 1301–00–D Marine safety, Navigation (water), and times, unless cleared for entry by or Reporting and recordkeeping through an official patrol vessel. (5) Any spectator vessel may anchor requirements, Waterways. DEPARTMENT OF THE INTERIOR For the reasons discussed in the outside the regulated area, but may not preamble, the Coast Guard proposes to anchor in, block, or loiter in a navigable Fish and Wildlife Service amend 33 CFR part 100 as follows: channel. Spectator vessels may be moored to a waterfront facility within 50 CFR Part 17 PART 100—SAFETY OF LIFE ON the regulated area in such a way that NAVIGABLE WATERWAYS they shall not interfere with the progress [4500030115] of the air show. Endangered and Threatened Wildlife ■ 1. The authority citation for part 100 (6) The COTP or a designated and Plants; 90-day Findings for Three continues to read as follows: representative may forbid and control Species Authority: 33 U.S.C. 1233; 33 CFR the movement of all vessels in the 1.05–1. regulated area. When hailed or signaled AGENCY: Fish and Wildlife Service, ■ 2. Add § 100.35T08–0548 to read as by an official patrol vessel, a vessel shall Interior. follows: come to an immediate stop and comply ACTION: Notice of petition findings and with the directions given. Failure to do initiation of status reviews. § 100.35T08–0548 Special Local so may result in expulsion from the Regulation; Ohio River, Owensboro, KY. regulated area, citation for failure to SUMMARY: We, the U.S. Fish and (a) Location. The following area is a comply, or both. Wildlife Service (Service), announce 90- temporary special local regulation: All (7) The COTP or a designated day findings on three petitions to add or navigable waters of the Ohio River, representative may terminate the remove species from the List of extending the entire width of the river, operation of any vessel at any time it is Endangered and Threatened Wildlife

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under the Endangered Species Act of (2) By hard copy: Submit by U.S. mail conclude that the action proposed in the 1973, as amended (Act). Based on our or hand-delivery to: Public Comments petition may be warranted’’ (50 CFR review, we find that the three petitions Processing, Attn: [Insert appropriate 424.14(h)(1)(i)). present substantial scientific or docket number; see the table under A species may be determined to be an commercial information indicating that SUPPLEMENTARY INFORMATION], U.S. Fish endangered species or a threatened the petitioned actions may be and Wildlife Service, MS: BPHC, 5275 species because of one or more of the warranted. Therefore, with the Leesburg Pike; Falls Church, VA 22041– five factors described in section 4(a)(1) publication of this document, we 3803. of the Act (16 U.S.C. 1531 et seq.). The announce that we plan to initiate We request that you send information five factors are: reviews of the status of these species to only by the methods described above. (a) The present or threatened determine if the petitioned actions are We will post all information we receive destruction, modification, or warranted. To ensure that these status on http://www.regulations.gov. This curtailment of its habitat or range reviews are comprehensive, we are generally means that we will post any (Factor A); requesting scientific and commercial personal information you provide us (b) Overutilization for commercial, data and other information regarding (see Request for Information for Status recreational, scientific, or educational these species. Based on the status Reviews, below, for more information). purposes (Factor B); reviews, we will issue 12-month FOR FURTHER INFORMATION CONTACT: (c) Disease or predation (Factor C); findings, which will address whether or (d) The inadequacy of existing not the petitioned actions are warranted, Species com- regulatory mechanisms (Factor D); or Contact person (e) Other natural or manmade factors in accordance with the Act. mon name affecting its continued existence (Factor DATES: These findings were made on Dixie Valley Carolyn Swed, 775–861– E). June 27, 2018. As we commence work toad. 6337; carolyn_swed@ These factors represent broad on the status reviews, we seek any new fws.gov. categories of natural or human-caused information concerning the status of, or Oregon vesper Jeffrey Dillon, 503–231– actions or conditions that could have an threats to, these species or their habitats. sparrow. 6179; jeffrey_dillon@ fws.gov. effect on a species’ continued existence. Any information received during our In evaluating these actions and work on the status reviews will be Yellow-billed Jennifer Norris, 916–414– cuckoo. 6600; jennifer_norris@ conditions, we look for those that may considered. fws.gov. have a negative effect on individuals of ADDRESSES: Supporting documents: the species, as well as other actions or Summaries of the bases for the petition If you use a telecommunications conditions that may ameliorate any findings contained in this document are device for the deaf, please call the negative effects or may have positive available on http://www.regulations.gov Federal Relay Service at 800–877–8339. effects. under the appropriate docket number SUPPLEMENTARY INFORMATION: We use the term ‘‘threat’’ to refer in (see table under SUPPLEMENTARY general to actions or conditions that are Background INFORMATION). In addition, supporting known to, or are reasonably likely to, information in preparing these findings Section 4 of the Act (16 U.S.C. 1533) affect individuals of a species is available for public inspection, by and its implementing regulations in title negatively. The term ‘‘threat’’ includes appointment, during normal business 50 of the Code of Federal Regulations actions or conditions that have a direct hours by contacting the appropriate (50 CFR part 424) set forth the impact on individuals (direct impacts), person, as specified in FOR FURTHER procedures for adding a species to, or as well as those that affect individuals INFORMATION CONTACT. removing a species from, the Federal through alteration of their habitat or Submitting information: If you have Lists of Endangered and Threatened required resources (stressors). The term new scientific or commercial data or Wildlife and Plants (Lists) in 50 CFR ‘‘threat’’ may encompass—either other information concerning the status part 17. Section 4(b)(3)(A) of the Act together or separately—the source of the of, or threats to, the species for which requires that we make a finding on action or condition or the action or we are making these petition findings, whether a petition to add a species to condition itself. However, the mere or their habitats, please submit that the Lists (i.e., ‘‘list’’ a species), remove identification of any threat(s) may not information by one of the following a species from the Lists (i.e., ‘‘delist’’ a be sufficient to compel a finding that the methods: species), or change a listed species’ information in the petition is substantial (1) Electronically: Go to the Federal status from endangered to threatened or information indicating that the eRulemaking Portal: http:// from threatened to endangered (i.e., petitioned action may be warranted. The www.regulations.gov. In the Search box, ‘‘reclassify’’ a species) presents information presented in the petition enter the appropriate docket number substantial scientific or commercial must include evidence sufficient to (see the table under SUPPLEMENTARY information indicating that the suggest that these threats may be INFORMATION). Then, click on the Search petitioned action may be warranted. To affecting the species to the point that the button. After finding the correct the maximum extent practicable, we are species may meet the definition of an document, you may submit information to make this finding within 90 days of endangered species or threatened by clicking on ‘‘Comment Now!’’ If your our receipt of the petition and publish species under the Act. information will fit in the provided the finding promptly in the Federal If we find that a petition presents comment box, please use this feature of Register. such information, our subsequent status http://www.regulations.gov, as it is most Our regulations establish that review will evaluate all identified compatible with our information review substantial scientific or commercial threats by considering the individual-, procedures. If you attach your information with regard to a 90-day population-, and species-level effects information as a separate document, our petition finding refers to ‘‘credible and the expected response by the preferred file format is Microsoft Word. scientific or commercial information in species. We will evaluate individual If you attach multiple comments (such support of the petition’s claims such threats and their expected effects on the as form letters), our preferred format is that a reasonable person conducting an species, then analyze the cumulative a spreadsheet in Microsoft Excel. impartial scientific review would effect of the threats on the species as a

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whole. We also consider the cumulative foreseeable future, that we can review in accordance with our effect of the threats in light of those determine whether the species meets prioritization methodology for 12-month actions and conditions that are expected the definition of an endangered species findings (81 FR 49248; July 27, 2016). to have positive effects on the species— or threatened species under the Act. Summaries of Petition Findings such as any existing regulatory If we find that a petition presents mechanisms or conservation efforts that substantial scientific or commercial The petition findings contained in may ameliorate threats. It is only after information indicating that the this document are listed in the table conducting this cumulative analysis of petitioned action may be warranted, the below and the bases for the findings, threats and the actions that may Act requires us to promptly commence along with supporting information, are ameliorate them, and the expected effect a review of the status of the species, and available on http://www.regulations.gov on the species now and in the we will subsequently complete a status under the appropriate docket number.

TABLE: STATUS REVIEWS

Common name Docket no. URL to docket on http://www.regulations.gov

Dixie Valley toad ...... FWS–R8–ES–2018–0018 ...... https://www.regulations.gov/docket?D=FWS-R8-ES-2018-0018. Oregon vesper sparrow ...... FWS–R1–ES–2018–0019 ...... https://www.regulations.gov/docket?D=FWS-R1-ES-2018-0019. Yellow-billed cuckoo ...... FWS–R8–ES–2018–0027 ...... https://www.regulations.gov/docket?D=FWS-R8-ES-2018-0027.

Evaluation of a Petition To List the 3(6) of the Act or threatened species Finding Dixie Valley Toad as an Endangered or under section 3(20) of the Act, including Based on our review of the petition Threatened Species Under the Act information on the five listing factors and sources cited in the petition, we under section 4(a)(1) (see Request for Species and Range find that the petition presents Information for Status Reviews, below). substantial scientific or commercial The Dixie Valley toad (Anaxyrus The basis for our finding on this information indicating that the williamsi) is a small toad found in four petition, and other information petitioned action may be warranted for spring-fed wetlands in Dixie Valley, regarding our review of the petition, can the Oregon vesper sparrow due to Churchill County, Nevada. be found as an appendix at http:// potential threats associated with the www.regulations.gov under Docket No. following: Habitat loss and degradation Petition History FWS–R8–ES–2018–0018 under the (Factor A); land use/management On September 18, 2017, we received Supporting Documents section. a petition from the Center for Biological impacts to nesting birds (Factor E); and Evaluation of a Petition To List the Diversity requesting that the Dixie existing regulatory mechanisms that Oregon Vesper Sparrow as an Valley toad be listed as threatened or may be inadequate to address impacts of Endangered or Threatened Species endangered under the Act. The petition these threats (Factor D) (for information Under the Act clearly identified itself as such and about these factors, see Background, included the requisite identification Species and Range above). However, during our status information for the petitioner, required review, we will thoroughly evaluate all The Oregon vesper sparrow potential threats to the species, at 50 CFR 424.14(a). This finding (Pooecetes gramineus affinis) is a addresses the petition. including the extent to which any medium- to large-sized migratory protections or other conservation efforts Finding sparrow with a restricted range. The have reduced those threats. Thus, for breeding range currently consists of the this species, the Service requests any Based on our review of the petition States of Washington (South Puget and sources cited in the petition, we information relevant to whether the lowlands, San Juan Island, lower species falls within the definition of find that the petition presents Columbia River islands, and Mason substantial scientific or commercial either endangered species under section County) and Oregon (Willamette, 3(6) of the Act or threatened species information indicating the petitioned Umpqua, and Rogue Valleys). The action may be warranted for the Dixie under section 3(20) of the Act, including winter range consists of areas in information on the five listing factors Valley toad due to potential threats California—the lowlands west of the associated with the following: under section 4(a)(1) (see Request for Sierra Nevada Mountains, from the San Information for Status Reviews, below). Development of geothermal energy and Francisco Bay area through the San difficulty in associated mitigation, The basis for our finding on this Joaquin Valley to coastal southern petition, and other information decrease in spring discharge, changes in California. water temperature, and groundwater regarding our review of the petition, can extraction (Factor A); and Petition History be found as an appendix at http:// chytridiomycosis disease and predation On November 8, 2017, we received a www.regulations.gov under Docket No. by the invasive American bullfrog petition from the American Bird FWS–R1–ES–2018–0019 under the (Factors C and E). However, during our Conservancy requesting that the Oregon Supporting Documents section. status review we will thoroughly vesper sparrow be listed as endangered Evaluation of a Petition To Delist the evaluate all potential threats to the or threatened and critical habitat be Western Distinct Population Segment of species, including the extent to which designated for this species under the the Yellow-Billed Cuckoo any protections or other conservation Act. The petition clearly identified itself efforts have reduced those threats. Thus, as such and included the requisite Species and Range for this species, the Service requests any identification information for the The yellow-billed cuckoo (Coccyzus information relevant to whether the petitioner, required at former 50 CFR americanus) occurs in North America species falls within the definition of 424.14(a). This finding addresses the across the continental United States and either endangered species under section petition. parts of British Columbia and Mexico.

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The species winters in Central and be found as an appendix at http:// will be able to do so. We will post all South America. The Western Distinct www.regulations.gov under Docket No. hardcopy submissions on http:// Population Segment (DPS) of the FWS–R8–ES–2018–0027 under the www.regulations.gov. yellow-billed cuckoo (western yellow- Supporting Documents section. It is important to note that the billed cuckoo) occurs generally in the Request for Information for Status standard for a 90-day finding differs area west of the Rocky Mountains from Reviews from the Act’s standard that applies to British Columbia to Mexico. The a status review to determine whether a When we make a finding that a western DPS of the yellow-billed cuckoo petitioned action is warranted. In is listed as a threatened species on the petition presents substantial making a 90-day finding, we consider List of Endangered and Threatened information indicating that listing, information in the petition and sources Wildlife (List; 50 CFR 17.11(h)). reclassification, or delisting of a species may be warranted, we are required to cited in the petition, as well as Petition History review the status of the species (a status information that is readily available, On May 4, 2017, we received a review). For the status review to be and we evaluate merely whether that petition from the American Stewards of complete and based on the best information constitutes ‘‘substantial Liberty, Arizona Cattlemen’s available scientific and commercial information’’ indicating that the Association, Arizona Mining information, we request information on petitioned action ‘‘may be warranted.’’ Association, Hereford Natural Resource these species from governmental In a 12-month finding, we must Conservation District, Jim Chilton, agencies, Native American Tribes, the complete a thorough status review of the National Cattlemen’s Beef Association, scientific community, industry, and any species and evaluate the best scientific Public Lands Council, WestLand other interested parties. We seek and commercial data available to Resources, Inc., and Winkelman Natural information on: determine whether a petitioned action Resource Conservation District, (1) The species’ biology, range, and ‘‘is warranted.’’ Because the Act’s requesting that the western DPS of the population trends, including: standards for 90-day and 12-month yellow-billed cuckoo be removed from (a) Habitat requirements; findings are different, a substantial 90- the List due to an error in our DPS (b) Genetics and taxonomy; day finding does not mean that the 12- analysis. They also provided (c) Historical and current range, month finding will result in a information in their petition indicating including distribution patterns; and ‘‘warranted’’ finding. the species should be delisted as a result (d) Historical and current population Conclusion of its utilization of additional habitat. levels and current and projected trends. The petition clearly identified itself as (2) The five factors described in On the basis of our evaluation of the such and included the requisite section 4(a)(1) of the Act (see information presented in the petitions identification information for the Background, above) that are the basis for under section 4(b)(3)(A) of the Act, we petitioners, required at 50 CFR making a listing, reclassification, or have determined that the petitions 424.14(a). This finding addresses the delisting determination for a species summarized above for the Dixie Valley petition. under section 4(a) of the Act, including toad, Oregon vesper sparrow, and past and ongoing conservation measures Finding yellow-billed cuckoo present substantial that could decrease the extent to which scientific or commercial information Based on our review of the petition one or more of the factors affect the indicating that the petitioned actions and sources cited in the petition, we species, its habitat, or both. may be warranted. Therefore, we are find that the petition presents (3) The potential effects of climate initiating status reviews to determine substantial scientific or commercial change on the species and its habitat, whether these actions are warranted information indicating that delisting the and the extent to which it affects the under the Act. At the conclusion of each western DPS of the yellow-billed cuckoo habitat or range of the species. status review, we will issue a finding, in may be warranted due to information on Submissions merely stating support accordance with section 4(b)(3)(B) of the additional habitat being used by the for or opposition to the actions under Act, as to whether the petitioned action species (Factor A). While we did not consideration without providing is not warranted, warranted, or find the petition provided substantial supporting information, although noted, warranted but precluded by pending information indicating the entity may will not be considered in making a proposals to determine whether any warrant delisting due to an error in our determination. Section 4(b)(1)(A) of the species is an endangered species or a DPS analysis, because the petitioners Act directs that determinations as to threatened species. did provide substantial information whether any species is an endangered or regarding additional habitat use by the threatened species must be made solely Authors species, we will review the DPS as part on the basis of the best scientific and of our status review of the species. commercial data available. The primary authors of this document During our status review we will You may submit your information are staff members of the Ecological thoroughly evaluate all potential threats concerning these status reviews by one Services Program, U.S. Fish and to the species, as well as revisit our DPS of the methods listed in ADDRESSES. If Wildlife Service. determination. Thus, for this species, you submit information via http:// Authority: The authority for these actions the Service requests information on the www.regulations.gov, your entire is the Endangered Species Act of 1973, as five listing factors under section 4(a)(1) submission—including any personal amended (16 U.S.C. 1531 et seq.). of the Act, including the factors identifying information—will be posted Dated: May 15, 2018. identified in this finding as well as on the website. If you submit a information pertaining to the DPS (see hardcopy that includes personal James W. Kurth, Request for Information for Status identifying information, you may Deputy Director, U.S. Fish and Wildlife Reviews, below). request at the top of your document that Service, Exercising the Authority of the The basis for our finding on this we withhold this personal identifying Director, U.S. Fish and Wildlife Service. petition, and other information information from public review. [FR Doc. 2018–13843 Filed 6–26–18; 8:45 am] regarding our review of the petition, can However, we cannot guarantee that we BILLING CODE 4333–15–P

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Notices Federal Register Vol. 83, No. 124

Wednesday, June 27, 2018

This section of the FEDERAL REGISTER or are tuber-propagated. A certificate of Dated: June 21, 2018. contains documents other than rules or Plant Variety Protection is awarded to Bruce Summers, proposed rules that are applicable to the an owner of a crop variety after an Administrator, Agricultural Marketing public. Notices of hearings and investigations, examination shows that it is new, Service. committee meetings, agency decisions and distinct from other varieties, genetically rulings, delegations of authority, filing of [FR Doc. 2018–13751 Filed 6–26–18; 8:45 am] petitions and applications and agency uniform and stable through successive BILLING CODE 3410–02–P statements of organization and functions are generations. The term of protection is 20 examples of documents appearing in this years for most crops and 25 years for section. trees, shrubs, and vines. The PVPA also DEPARTMENT OF AGRICULTURE provides for a statutory Board (7 U.S.C. 2327). The Board is composed of 14 Food and Nutrition Service DEPARTMENT OF AGRICULTURE individuals who are experts in various areas of development and represent the Agency Information Collection Agricultural Marketing Service seed industry sector, academia and Activities: Proposed Collection; Comment Request—School Nutrition [Document No. AMS–ST–18–0043] government. The duties of the Board are to: (1) Advise the Secretary concerning and Meal Cost Study-II Plant Variety Protection Board; Open the adoption of rules and regulations to AGENCY: Food and Nutrition Service, Teleconference Meeting facilitate the proper administration of USDA. the FACA; (2) provide advisory counsel AGENCY: Agricultural Marketing Service, ACTION: Notice of Information to the Secretary on appeals concerning USDA. Collection; request for comment. decisions on applications by the PVP ACTION: Notice of meeting. Office and on requests for emergency SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the SUMMARY: Pursuant to the Federal public-interest compulsory licenses; and Food and Nutrition Service (FNS) Advisory Committee Act (FACA), the (3) advise the Secretary on any other invites the general public and other Agricultural Marketing Service (AMS) is matters under the Regulations and Rules public agencies to comment on this announcing a meeting of the Plant of Practice and on all questions under proposed information collection. This Variety Protection Board (Board). The Section 44 of the FACA, ‘‘Public Interest collection is a new collection for the meeting is being held to discuss a in Wide Usage’’ (7 U.S.C. 2404). School Nutrition and Meal Cost Study- variety of topics including, but not Meeting Agenda: The purpose of the II (SNMCS–II). The purpose of SNMCS– limited to, work and outreach plans, meeting will be to discuss the PVPO II is to provide a comprehensive picture subcommittee activities, and program 2018 program activities, the electronic of school food service operations and activities. The meeting is open to the application system, and cooperation the nutritional quality, cost, and public. This notice sets forth the with other countries. The Board plans to acceptability of meals served in the schedule and location for the meeting. discuss program activities that encourage the development of new National School Lunch Program (NSLP) DATES: Tuesday, August 14, 2018, 1 p.m. and School Breakfast Program (SBP). to 2 p.m. plant varieties and address appeals to DATES: Written comments on this notice ADDRESSES: The meeting will be held at the Secretary. The meeting will be open to the public. Those wishing to must be received on or before August the United States Department of 27, 2018. Agriculture (USDA), Room 3543, South participate are encouraged to pre- ADDRESSES: Comments may be sent to: Building, 1400 Independence Avenue register by August 3, 2018, by contacting John Endahl, Office of Policy Support, SW, Washington, DC, 20250. Jeffery Haynes, acting commissioner, at Telephone: (202) 720–1066; Fax: (202) Food and Nutrition Service, U.S. FOR FURTHER INFORMATION CONTACT: 260–8976, or Email: Jeffery.Haynes@ Department of Agriculture, 3101 Park Jeffery Haynes, Acting Commissioner, ams.usda.gov. Center Drive, Room 1004, Alexandria, Plant Variety Protection Office, USDA, VA 22302. Comments may also be Meeting Accommodation: The AMS, Science and Technology submitted via fax to the attention of meeting at USDA will provide Programs, 1400 Independence Avenue John Endahl at 703–305–2576 or via reasonable accommodation to SW, Washington, DC 20250. Telephone: email to [email protected]. individuals with disabilities where (202) 720–1066; Fax: (202) 260–8976, or Comments will also be accepted through appropriate. If you need reasonable Email: [email protected]. the Federal eRulemaking Portal. Go to accommodation to participate in this SUPPLEMENTARY INFORMATION: Pursuant http://www.regulations.gov, and follow public meeting, please notify Jeffery to the provisions of section 10(a) of the the online instructions for submitting Haynes at: Telephone: (202) 720–1066; FACA (5 U.S.C., Appendix 2), this comments electronically. notice informs the public that the Plant Fax: (202) 260–8976, or Email: All written comments will be open for Variety Protection Office (PVPO) is [email protected]. public inspection at the office of the sponsoring a meeting of the Board on Determinations for reasonable Food and Nutrition Service during August 14, 2018. The Plant Variety accommodation will be made on a case- regular business hours (8:30 a.m. to 5:00 Protection Act (PVPA) (7 U.S.C. 2321 et by-case basis. Minutes of the meeting p.m., Monday through Friday) at 3101 seq.) provides legal protection in the will be available for public review 30 Park Center Drive, Alexandria, Virginia form of intellectual property rights to days following the meeting on the 22302. developers of new varieties of plants, internet at http://www.ams.usda.gov/ All responses to this notice will be which are reproduced sexually by seed PVPO. summarized and included in the request

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for Office of Management and Budget those five outlying areas. Section 28(a) respondents include: (1) Students (first approval. All comments will be a matter of the Richard B. Russell National grade through high school) and (2) their of public record. School Lunch Act authorizes this parents/guardians. FOR FURTHER INFORMATION CONTACT: assessment of the cost of producing Estimated Number of Respondents: A Requests for additional information or meals, and the nutrient profile of meals total of 12,979 members of the public copies of this information collection under the NSLP and SBP. will be initially contacted to participate should be directed to John Endahl at The sample frame of SFAs is divided in the study. This includes 4,954 from 703–305–2127. into four groups, including the outlying State, Local, and Tribal Governments, areas. Samples in Groups 1, 2, and 3 are 25 from Private Sector For-Profit SUPPLEMENTARY INFORMATION: limited to the contiguous 48 States and Businesses, and 8,000 Individuals. Comments are invited on: (a) Whether DC. The outlying areas sample includes Initial contact will vary by type of the proposed collection of information SFAs and schools in Alaska, Guam, respondent and may include study is necessary for the proper performance Hawaii, Puerto Rico, and the U.S. Virgin notification, recruiting, or data of the functions of the agency, including Islands. collection. FNS anticipates that whether the information shall have Data collected from the Group 1 approximately 12,904 of this sample practical utility; (b) the accuracy of the sample will provide the precision will respond to initial contact and 75 agency’s estimate of the burden of the required for national estimates of SFA- will not respond. Some respondents proposed collection of information, level characteristics and food service who respond to the initial contact may including the validity of the operations. Data collected from the subsequently become non-respondents methodology and assumptions that were Group 2 sample will be used to address to one or more components of the data used; (c) ways to enhance the quality, study objectives related to the school collection. The number of unique utility, and clarity of the information to nutrition environment and food service respondents expected to provide data be collected; and (d) ways to minimize operations; the food and nutrient for the study is 7,886. the burden of the collection of content of school meals; student The Group 1 completed sample information on those who are to participation in the NSLP and SBP; includes 125 SFAs but no schools. respond, including use of appropriate student/parent satisfaction with the Group 1 SFA directors will participate automated, electronic, mechanical, or school meal programs; and students’ in the SFA Director Survey. other technological collection characteristics and dietary intakes. Data The Group 2 completed sample techniques or other forms of information collected from the Group 3 sample will comprises 125 SFAs, 250 schools, and technology. be used to address study objectives 2,000 students and their parents/ Title: School Nutrition and Meal Cost related to the school nutrition guardians. SFA and school staff will Study-II. environment and food service participate in the SFA Director and Form Number: N/A. operations; the food and nutrient School Planning Interviews; SFA OMB Number: Not yet assigned. content of school meals; the costs to Director, SNM, and Principal Surveys; Expiration Date: Not yet determined. produce reimbursable school lunches the Basic Menu Survey, A la Carte Type of Request: New collection. and breakfasts, including indirect and Foods Checklist, and Meal Pattern Abstract: SNMCS–II will provide a local administrative costs, and the ratios Crediting Report; and Cafeteria comprehensive picture of the NSLP and of revenues to costs; and plate waste in Observation Guide and Competitive SBP, and will provide critical the school meals programs. Data Foods Checklists. Students and parents/ information about the nutritional collected from the outlying areas sample guardians will complete the Student quality, cost, and acceptability of school will be used to estimate the costs of Interview, including height and weight meals seven years after major reforms producing reimbursable school meals measurement; 24-dietary recall; and began being phased in during the 2012– and the ratios of revenues to costs. Parent Interview. 2013 school year (SY). SNMCS–II will There is pre-testing burden that is The Group 3 completed sample collect a broad range of data from associated with this collection. This includes 250 SFAs and 750 schools. nationally representative samples of burden was reviewed and approved by SFA and school staff will participate in public school food authorities (SFAs), the Office of Management and Budget the SFA Director and School Planning public, non-charter schools, students, on March 19, 2018 under OMB# 0584– Interviews; SFA Cost Interview and and parents/guardians during SY 2019– 0606 FNS Generic Clearance for Pre- Food Cost Worksheet; SFA Follow-Up 2020. These data will provide Federal, Testing, Pilot, and Field Test Studies Web Survey and Cost Interview; SNM State, and local policymakers with (School Nutrition and Meal Cost Study- Cost Interview; Principal Cost Interview; current information about how federally II, Outlying Areas Cost Study Feasibility SFA Director, SNM, and Principal sponsored school meal programs are Assessment). This burden is not Surveys; the Expanded Menu Survey, A operating by updating the information included in the burden estimates for la Carte Foods Checklist, and Meal that was collected in SY 2014–2015 for this collection. Pattern Crediting Report; and Cafeteria the first School Nutrition and Meal Cost Affected Public: State, Local, and Observation Guide and Competitive Study (SNMCS–I). In addition, findings Tribal Governments respondent groups Foods Checklists. Forty State Education from SNMCS–II will be compared to include: (1) State Child Nutrition Agency finance officers will complete those from SNMCS–I to explore trends Agency directors; (2) State Education the State Agency Indirect Cost Survey. in key domains including the nutrient Agency finance officers; (3) school Plate waste will be observed for 3,900 content of school meals, meal costs and district superintendents; (4) SFA reimbursable lunches and 2,000 revenues, and student participation, directors; (5) local educational agency reimbursable breakfasts at a subsample plate waste, and dietary intakes. business managers; (6) menu planners; of 130 schools among this Group 3 SNMCS–II will also estimate the costs of (7) school nutrition managers (SNMs); sample. producing reimbursable school meals in (8) principals; and (9) school study In the outlying areas, following up to five States and Territories outside liaisons appointed by principals. Private recruitment, SFA and school staff in 33 of the 48 contiguous States and the Sector For-Profit Business respondents SFAs and 216 schools will complete the District of Columbia (DC), and examine include food service management SFA Director and School Planning the relationship of costs to revenues in company managers. Individual Interviews; SFA Cost Interview and

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Food Cost Worksheet; SFA Follow-Up Estimated Number of Responses per activity and the respondent group, as Web Survey and Cost Interview; SNM Respondent: All respondents will be shown in the table below. Cost Interview; Principal Cost Interview; asked to respond to each specific data Estimated Total Annual Burden on and the Expanded Menu Survey. Up to collection activity only once. The Respondents: 25,184 hours. This 5 State Education Agency finance overall average number of responses per includes 24,950 hours for respondents officers will complete the State Agency respondent across the entire collection and 234 hours for non-respondents. See Indirect Cost Survey and the State Child is 3.52. Nutrition Agency directors in Hawaii Estimated Total Annual Responses: the table below for each type of and the U.S. Virgin Islands will 45,653. respondent. complete the SFA Cost Interview and Estimated Time per Response: 33 Dated: June 20, 2018. SFA Follow-Up Cost Interview to minutes (0.55 hours). The estimated Brandon Lipps, capture the State agencies’ involvement response varies from 1 minute to 10.25 Administrator Food and Nutrition Service. in SFAs’ food service operations. hours, depending on the data collection

VerDate Sep<11>2014 16:58 Jun 26, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\27JNN1.SGM 27JNN1 daltland on DSKBBV9HB2PROD with NOTICES 30098 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices annual burden (hours) estimate Grand total Total annual burden (hours) estimate burden Average response hours per re- Total annual sponses 1 1 14 1 14 0.07 27 0.07 0.93 0.07 0.93 104.68 1 1.80 104.68 14 209.30 0.14 1.96 814.46 0 0 0.00 0.00 6.95 1 32 0.07 2.24 100.24 of response Frequency 0 ents respond- Estimated number of Total annual burden (hours) estimate burden Average response hours per re- Total annual sponses Response Non-Response 1 139 0.05 6.95 1 1 125 1 125 0.83 103.75 250 0.83 103.75 0.83 14 1 207.50 14 250 27 3.25 812.50 14 1 98 1.00 98.00 32 of response Frequency 2 1 2 3.08 6.16 0 0 0 0.00 0.00 6.16 0.00 0.00 4.00 0 0.00 6.16 0 0.00 3.08 0 2 4.00 0 2 1 2.00 2 2 1 54 1 54 0.40 21.60 0 0 0 0.00 0.00 21.60 0.00 0.00 0 21.60 0 0.40 54 54 1 45 1 45 0.17 7.65 9 1 9 0.07 0.63 8.28 98 33 107.25 1 33 3.25 2 1 0.14 0.28 107.53 2 269 538.00 1 269 2.00 14 1 14 0.07 0.93 538.93 555 1 555 0.02 11.10 0 0 0 0.00 0.00 11.10 0.00 0.00 438 122.64 0 11.10 0 1 438 0.28 35 0.02 1 35 0.07 2.45 125.09 555 555 1 438 1 438 0.58 254.04 0 0 0 0.00 0.00 254.04 0.00 0.00 0 254.04 0 0.58 438 438 1 19.50 0.00 0.00 0 19.50 0 0.05 390 390 1 135.43 14.15 0.00 0.93 0.00 0.07 0 14 14.15 0 14 1 134.50 283 0.05 871.64 1 283 3.08 283 0.50 16 283 1 269 1 16 0.07 1.12 872.76 269 1 438 1 438 0.33 144.54 35 1 35 0.07 2.45 146.99 2.45 0.07 47.30 0.00 35 35 1 144.54 0.00 0 47.30 0 0.33 438 0.10 438 1 473 473 1 41.70 0.00 0.00 0 0 41.70 0 0.15 278 278 1 ents respond- Estimated number of Agency Directors (Groups 1, 2, 3, out- lying areas). Agency Directors (out- lying areas). Agency Directors (out- lying areas). Finance Officers (Group 3, outlying areas). 3, outlying areas). 3). areas). (Group 3, outlying areas). outlying areas). outlying areas). outlying areas). 2, 3, outlying areas). 3, outlying areas). 3, outlying areas). 2, 3). 2, 3). State Child Nutrition State Child Nutrition State Child Nutrition State Education Agency SFA Directors (Groups 2, SFA Directors (Group 1) SFA Directors (Group 1) 139 SFA Directors (Group 2) 125 SFA Directors (Group 3) 125 250 SFA Directors (Group 2) SFA Directors (Groups 2, SFA Directors (Group 3) SFA Directors (outlying 250 LEA Business Managers SFA Directors (Group 3, SFA Directors (Group 3, SFA Directors (Group 3, SFA Data Request Email (a)(b)(c). (SFA Cost Interview, provide financial records). (SFA Follow-Up Cost Interview, provide fi- nancial records). (study letter, State Agency Indirect Cost Survey) (a)(b)(c). Director Planning Inter- view, study confirma- tion). Letter (a)(c). Survey (SFA Director Survey) (b)(c). Survey (SFA Director Survey) (b)(c). Survey (SFA Director Survey) (b)(c). Email. Logistics Email. Cost Interview, Food Cost Worksheet, pro- vide records). (SFA Cost Interview, Food Cost Worksheet, provide records) (b). Interview (SFA Cost Interview, provide records) (a)(b)(c). Invitation. Survey (SFA Follow- Up Web Survey) (c). (SFA Follow-Up Cost Interview, provide fi- nancial records). Affected public Data collection activity Respondents State ...... Study Notification and State ...... Telephone Interview State ...... Telephone Interview State ...... Self-Administered Form Local and Tribal Recruitment (a)(c)Local and Tribal ...... Superintendents (Groups Study Notification (a)Local and Tribal ..... SFA Directors (Groups 2, Recruitment (c)Local and Tribal ...... SFA Directors (Groups 2, Telephone Survey (SFA Local and Tribal Web Survey Advance Local and Tribal Web Survey InvitationLocal and Tribal .... SFA Directors (Groups 1, Self-Administered Web Local and Tribal Self-Administered Web Local and Tribal Self-Administered Web Local and Tribal Web Survey ReminderLocal and Tribal ... SFA Directors (Groups 1, School Roster Request Local and Tribal On-Site Data Collection Local and Tribal In-person Interview (SFA Local and Tribal Telephone Interview Local and Tribal In-person or Telephone Local and Tribal Follow-Up Web Survey Local and Tribal Self-Administered Web Local and Tribal Telephone Interview

VerDate Sep<11>2014 16:58 Jun 26, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\27JNN1.SGM 27JNN1 daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices 30099 1 100 0.07 6.67 456.67 0 0 0.00 1 0.00 39 187.20 0.07 2.60 565.10 0 0 0.00 0.00 20.00 0 0 0.00 0.00 75.00 0 0 0 1 500 0.15 75.00 1 1,040 0.18 1 187.20 900 1 0.50 750 450.00 0.75 100 562.50 39 1 1,000 0.02 20.00 70 1 70 1.00 70.00 0 0 0 0.00 0.00 70.00 0.00 0.00 0 70.00 0 1.00 70 70 1 269 538.00 1 269 2.00 14 1 14 0.07 0.93 538.93 227 1 227 0.13 29.51 0 0 0 0.00 0.00 29.51 0.00 0.00 0 29.51 0 0.13 227 227 1 966 1 966 0.25 241.50 50 1 50 0.07 3.50 245.00 3.50 2,064.28 0.07 50 1.78 50 1 375 241.50 7,692.83 562.50 0.14 1 375 1.50 15 13 0.25 5.33 13 1 1 2,062.50 15 0.07 1.05 563.55 966 0.14 1,802.19 966 1 39 8.25 39 1 7,687.50 0.75 250 0.07 969.33 250 1 10.25 11 3.33 11 1 1,801.44 0.07 750 29.43 50 750 1 0.60 50 1 8.34 966.00 0.07 216 9 1.00 216 1 1 28.83 9 20.83 966 0.17 0.00 966 1 41.67 173 0.00 0.00 173 1 0 20.83 0 21.67 0.00 0.00 0.08 0 41.67 0 0.00 250 0.17 0 250 1 21.67 0 250 0.17 250 1 130 130 1 162.73 0.73 0.07 66.00 11 0.00 11 1 162.00 900 0.00 12.50 0.75 0 0.00 66.00 0 216 0.00 0.25 216 1 0 12.50 0 264 264 1 0.05 250 250 1 500 1,000 1 1,000 0.08 83.00 0 0 0 0.00 0.00 83.00 0.00 0.00 0 83.00 0 0.08 1,000 1,000 1 1,040 1 1,040 0.05 52.00 0 0 0 0.00 0.00 52.00 0.00 0.00 0 52.00 0 0.05 1,040 1,040 1 1,541 200.33 1,541 0.13 1 0 0 0.00 200.33 0 (Group 3, outlying areas). 2, 3). agers (Group 3, out- lying areas). agers (Groups 2, 3). agers (Group 2). agers (Group 3). agers (outlying areas). agers (Group 3, out- lying areas). agers (Group 3). agers (Groups 2, 3). agers (Group 2). agers (Group 2). agers (Group 3). areas). 2). 2). 2). agers (Groups 2, 3, outlying areas). areas). LEA Business Managers Menu Planners (Groups School Nutrition Man- School Nutrition Man- School Nutrition Man- School Nutrition Man- School Nutrition Man- School Nutrition Man- School Nutrition Man- School Nutrition Man- School Nutrition Man- School Nutrition Man- School Nutrition Man- Principals (Groups 2, 3) 1,040 Principals (Groups 2, 3) Principals (Group 3) ...... Principals (outlying 750 School Liaisons (Group School Liaisons (Group School Liaisons (Group (SFA Follow-Up Cost Interview, provide fi- nancial records) (c). Survey (Meal Pattern Crediting Report) (a)(b)(c). Survey (School Plan- ning Interview) (c). Logistics Email. Survey (Basic Menu Survey, A la Carte Foods Checklist, SNM Survey) (b)(c). Survey (Expanded Menu Survey, A la Carte Foods Checklist, SNM Survey) (b)(c). Survey (Expanded Menu Survey) (b)(c). Interview (SNM Cost Interview). Observation (Self- Serve/Made-to-Order Bar Form). Observation (Cafeteria Observation Guide). Observation (Point-of- Sale Form). (Reimbursable Meal Sale Data Request). Observation (Plate Waste Observation Booklet). On-Site Data Collec- tion Logistics Email (a). Survey (Principal Sur- vey) (b)(c). cipal Cost Interview). (Principal Cost Inter- view) (b)(c). Survey (School Plan- ning Interview) (a)(b)(c). Logistics Email. Email. Local and Tribal Telephone Interview Local and Tribal Self-Administered Web Local and Tribal Study Notification (a) .....Local and Tribal School Nutrition Man- Self-Administered Web Local and Tribal On-Site Data Collection Local and Tribal Self-Administered Web Local and Tribal Self-Administered Web Local and Tribal Self-Administered Web Local and Tribal In-person or Telephone Local and Tribal Interviewer-Completed Local and Tribal Interviewer-Completed Local and Tribal Interviewer-Completed Local and Tribal In-person Data Request Local and Tribal Interviewer-Completed Local and Tribal Study Notification and Local and Tribal Study Notification (a)Local and Tribal .....Local and Tribal Principals (outlying Web Survey Invitation .... Self-Administered Web Principals (Groups 2, 3)Local and TribalLocal and Tribal Web Survey Reminder ... In-person Interview (Prin- Principals (Groups 2, 3) Local and Tribal 1,000 Telephone Interview Local and Tribal Self-Administered Web Local and Tribal On-Site Data Collection Local and Tribal School Roster Request

VerDate Sep<11>2014 16:58 Jun 26, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\27JNN1.SGM 27JNN1 daltland on DSKBBV9HB2PROD with NOTICES 30100 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices annual burden (hours) estimate Grand total Total annual burden (hours) estimate burden Average response hours per re- Total annual sponses 0 0 0 0.00 0 0.00 0.00 57.14 0.00 17.14 1 857 1 0.14 257 119.98 2,359.98 0.07 17.13 467.13 0 0 0.00 0.00 200.00 of response Frequency ...... 1 ...... 0.07 7.82 0 0 0 ents respond- Estimated number of Total annual burden (hours) 5,321.74 0 ...... 2,016 ...... 190.10 5,511.84 ...... 190.10...... 2,016 5,321.74 0 estimate 19,620.70 75 ...... 577...... 43.9419,664.64 19,620.70 75 0.19 75 ...... 2,594 0.09 234.11 25,184.30 ...... 234.11 0.19 75 0.09 2,594 burden Average response hours per re- Total annual sponses Response Non-Response 1 2,000 1.12 2,240.00 857 1 600 0.75 450.00 257 1 1 4,000 2,857 0.05 1 0.02 200.00 57.14 857 0.02 17.14 of response Frequency 25 1 25 0.07 1.75 24 0 1 0 24 0.25 6.00 0 0.00 1 1.75 1 1 0.07 6.07 820 1 820 0.25 205.00 91 1 91 0.07 6.37 211.37 6.37 0.07 91 91 1 205.00 0.25 820 820 1 246 184.50 105 1 246 0.75 1 105 0.07 7.00 191.50 2,222 1 2,222 0.02 44.44 0 0 0 0.00 0.00 44.44 0.00 0.00 0 44.44 0 0.02 2,222 2,222 1 2,000 1 2,000 0.42 833.33 222 1 222 0.07 15.54 848.87 15.54 0.07 202.91 222 3.92 222 1 0.02 833.33 196 1 196 0.42 198.99 2,000 0.19 2,000 1 1,066 1,066 1 3,712 1 3,712 0.10 371.20 288 1 288 0.07 20.16 391.36 20.16 0.07 288 288 1 371.20 0.10 3,712 4,000 520.00 4,000 0.13 1 3,712 1 0 0 0 0.00 520.00 ents respond- Estimated number of ment Company Man- ager (Groups 2, 3, out- lying areas). ment Company Man- ager (Groups 2, 3, out- lying areas). (Group 2). (Group 2). (Group 2). (Group 2). (Group 2). (Group 2). (Group 2). Parents/Guardians Parents/Guardians Parents/Guardians Parents/Guardians Students (Group 2) ...... 2,000 Students (Group 2) ...... 600 Survey or Telephone Interview (Parent Inter- view) (b)(c). (dietary recall re- minder, Food Diary, Day 1/Day 2). Hour Dietary Recall, Day 1). Hour Dietary Recall, Day 2) (c). dent Interview, 24- Hour Dietary Recall, Day 1) (b)(c). Hour Dietary Recall, Day 2) (c)...... 4,879 ...... 18,630 ...... 25 ...... 49 ...... 7.75 0 ...... 8,000 ...... 24,380 ...... Study Notification (a) ..... Food Service Manage- Recruitment (c) ...... Food Service Manage- State, Local, and Tribal Govern- ments. vate Sec- tor For- Profit Busi- nesses. dividuals. Subtotal Subtotal Pri- Subtotal In- For-Profit. For-Profit. Affected public Data collection activity Respondents Private Sector Private Sector Individual ...... Study Notification (a)Individual ...... Parents/Guardians Study Consent Form (c) Individual ...... Parents/Guardians Survey InvitationIndividual ...... Parents/Guardians Self-Administered Web Individual ...... Self-Administered Form Individual ...... Telephone Interview (24- Individual ...... Telephone Interview (24- Individual ...... Individual Study Assent Form (a) ...... Individual Study Reminder, Day 1 ...... Students (Group 2) ...... In-person Interview (Stu- Students (Group 2) ...... Individual ...... 4,000 Individual Study Reminder, Day 2 ...... 2,857 Telephone Interview (24- Students (Group 2) ...... Grand Total 857 ...... 12,904 ...... 43,059 0.58 24,95

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[FR Doc. 2018–13827 Filed 6–26–18; 8:45 am] readable and searchable with optical minimum, an objection must include BILLING CODE 3410–30–P character recognition software. the following (36 CFR 219.54(c)): Faxed objections must be sent and (1) The objector’s name and address addressed to ‘‘Chris French, Objection along with a telephone number or email DEPARTMENT OF AGRICULTURE Reviewing Officer’’ at (202) 649–1172 address if available. In cases where no and must include a subject line stating: identifiable name is attached to an Forest Service ‘‘Objection regarding the Revised Blue objection, the Forest Service will Mountains Forest Plans.’’ The fax attempt to verify the identity of the Revision of the Land Management coversheet should specify the number of objector to confirm objection eligibility; Plans for the Malheur, Umatilla, and pages being submitted. (2) Signature or other verification of Wallowa-Whitman National Forests in Hardcopy objections may be authorship upon request (a scanned Oregon, Washington, and Idaho States submitted by regular mail, private signature for electronic mail may be AGENCY: USDA Forest Service. carrier, or hand delivery to the filed with the objection); (3) Identification of the lead objector, ACTION: Notice of the opportunity to following address: USDA Forest Service, object to the Revised Land Management Attn: Chris French, Objection Reviewing when multiple names are listed on an Plans for the Malheur, Umatilla, and Officer, 1400 Independence Ave. SW, objection. The Forest Service will Wallowa-Whitman National Forests. EMC–PEEARS, Mailstop 1104, communicate to all parties to an Washington, DC 20250. Office hours are objection through the lead objector. SUMMARY: The USDA Forest Service has Monday through Friday, 8:00 a.m. to Verification of the identity of the lead prepared Revised Land Management 4:30 p.m., excluding Federal holidays. objector must also be provided if Plans (Forest Plans) for the Malheur, Hardcopy submissions must include a requested; Umatilla, and Wallowa-Whitman subject line on page one stating: (4) The name of the Plan Revision(s) National Forests (also termed the Blue ‘‘Objection regarding the Revised Blue being objected to, and the name and title Mountains Forests). The Forest Service Mountains Forest Plans.’’ of the responsible official; has also prepared a single Final Individuals who need to use (5) A statement of the issues and/or Environmental Impact Statement (FEIS) telecommunication devices for the deaf parts of the Plan Revision(s) to which and a combined Draft Record of (TDD) to transmit objections may call the objection applies; Decision. This notice is to inform the the Federal Information Relay Service (6) A concise statement explaining the public that a 60-day objections period is (FIRS) at 1–800–877–8339 between 8:00 objection and suggesting how the being initiated for individuals or entities a.m. and 8:00 p.m., Eastern Standard proposed plan decision may be who have submitted substantive formal Time, Monday through Friday. improved. If the objector believes that comments related to the revision of the FOR FURTHER INFORMATION CONTACT: the plan revision is inconsistent with Malheur, Umatilla, and Wallowa- Team Leader, Peter Fargo, 1550 Dewey law, regulation, or policy, an Whitman Forest Plans during the Ave., Suite A, Baker City, OR 97814, explanation should be included; (7) A statement that demonstrates the opportunities for public comment (541) 523–1231. provided during the planning process link between the objector’s prior SUPPLEMENTARY INFORMATION: The substantive formal comments and the for that decision. Objections must be decision to approve the Revised based on previously submitted content of the objection, unless the Malheur, Umatilla, and Wallowa- objection concerns an issue that arose substantive formal comments attributed Whitman Forest Plans will be subject to to the objector unless the objection after the opportunities for formal the objection process identified in 36 comment; and concerns an issue that arose after the CFR part 219 subpart B (219.50 to opportunities for formal comment. (8) All documents referenced in the 219.62). Individuals and entities who objection (a bibliography is not DATES: The Revised Malheur, Umatilla, have submitted substantive formal sufficient), except that the following and Wallowa-Whitman Forest Plans, comments related to the revision of the need not be provided: FEIS, Draft Record of Decision, and Malheur, Umatilla, and Wallowa- a. All or any part of a Federal law or other supporting documentation are Whitman Forest Plans during the regulation, available on the following web page: opportunities for public comment, as b. Forest Service Directive System http://www.fs.usda.gov/goto/ provided in 36 CFR part 219 subpart A, documents and land management Plans BlueMountainsPlanRevision. during the planning process for that or other published Forest Service A legal notice of the initiation of the decision may file an objection. documents, 60-day objection period is being Objections must be based on previously c. Documents referenced by the Forest published in The Oregonian, which is submitted substantive formal comments Service in the planning documentation the newspaper of record for Regional attributed to the objector unless the related to the proposal subject to Forester decisions in the Pacific objection concerns an issue that arose objection, and Northwest Region of the Forest Service. after the opportunities for formal d. Formal comments previously The 60-day objection period will begin comment. The burden is on the objector provided to the Forest Service by the the day following the date of the to demonstrate compliance with objector during the plan revision publication of the legal notice in The requirements for objection. All comment period. Oregonian. A copy of the legal notice objections must be filed, in writing, Prior to the issuance of the reviewing will be posted on web page listed above. with the reviewing officer for the officer’s written response, either the ADDRESSES: Electronic objections must Revised Malheur, Umatilla, and reviewing officer or the objector may be submitted to the Objection Reviewing Wallowa-Whitman Forest Plans. request to meet to discuss issues raised Officer via email to objections-chief@ Objections received in response to this in the objection. Interested persons who fs.fed.us, with a subject line stating: solicitation, including names and wish to participate in meetings to ‘‘Objection regarding the Revised Blue addresses of those who object, will be discuss issues raised by objectors must Mountains Forest Plans.’’ Electronic considered part of the public record on have previously submitted substantive submissions must be submitted in a these proposed actions and will be formal comments related to the format (Word, PDF, or Rich Text) that is available for public inspection. At a objection issues. Interested persons

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must file a request to participate as an ADDRESSES: Submit applications in A. Program Description interested person within 10 days after paper format to the USDA Rural 1. Purpose of the Program. The legal notice of objections received has Development State Office for the State purpose of this program is to improve been published. Requests must be sent where the Project is located. A list of the the economic conditions of Rural Areas. to the same email or address identified USDA Rural Development State Office 2. Statutory Authority. This program for filing objections, above, and the contacts can be found at: http:// is authorized under section 310B(c) of interested person must identify the www.rd.usda.gov/contact-us/state- the Consolidated Farm and Rural specific issues they have interest in offices. Development Act (7 U.S.C. 1932(c)). discussing. During the objection Regulations are contained in 7 CFR part meeting, interested persons will be able FOR FURTHER INFORMATION CONTACT: Cindy Mason at (202) 690–1433, 4280, subpart E. The program is to participate in discussions related to administered on behalf of Rural issues on the agenda that they have [email protected], and Sami Zarour at (202) 720–9549, sami.zarour@ Business-Cooperative Service (RBS) at listed in their request to be an interested the State level by the USDA Rural person. wdc.usda.gov, Specialty Programs Division, Business Programs, Rural Development State Offices. Assistance Responsible Official Business-Cooperative Service, U.S. provided to Rural Areas under the Department of Agriculture, 1400 program has historically included the The Regional Forester for the Pacific provision of on-site Technical Northwest Region (1220 SW 3rd Independence Avenue SW, MS 3226, Room 4204–South, Washington, DC Assistance to local and regional Avenue, Portland, OR 97204, (503) 808– governments, public transit agencies, 2200) is the responsible official who 20250–3226, or call 202–720–1400. For further information on this notice, and related nonprofit and for-profit will approve the final Records of organizations in Rural Areas; the Decision for the Revised Malheur, please contact the USDA Rural Development State Office in the State in development of training materials; and Umatilla, and Wallowa-Whitman Forest the provision of necessary training Plans. which the applicant’s headquarters is located. assistance to local officials and agencies Reviewing Officer in Rural Areas. SUPPLEMENTARY INFORMATION: Awards under the RBDG passenger The Associate Deputy Chief for the transportation program will be made on National Forest System is the delegated Preface a competitive basis using specific reviewing officer for the Chief of the The Agency encourages applications selection criteria contained in 7 CFR Forest Service (36 CFR 219.56(e)(2)). that will support recommendations part 4280, subpart E, and in accordance Dated: May 30, 2018. made in the Rural Prosperity Task Force with section 310B(c) of the Consolidated Chris French, report to help improve life in rural Farm and Rural Development Act (7 Associate Deputy Chief, National Forest America. www.usda.gov/ruralprosperity. U.S.C. 1932(c)). Information required to System. Applicants are encouraged to consider be in the application package includes [FR Doc. 2018–13792 Filed 6–26–18; 8:45 am] projects that provide measurable results Standard Form (SF) 424, ‘‘Application BILLING CODE 3411–15–P in helping rural communities build for Federal Assistance;’’ environmental robust and sustainable economies documentation in accordance with 7 through strategic investments in CFR part 1970, ‘‘Environmental Policies DEPARTMENT OF AGRICULTURE infrastructure, partnerships and and Procedures;’’ Scope of Work innovation. Key strategies include: Narrative; Income Statement; Balance Rural Business-Cooperative Service • Sheet or Audit for previous 3 years; AD– Achieving e-Connectivity for Rural 1047, ‘‘Debarment/Suspension Inviting Applications for the Rural America Certification;’’ AD–1048, ‘‘Certification Business Development Grant Program • Developing the Rural Economy Regarding Debarment, Suspension, To Provide Technical Assistance for • Harnessing Technological Innovation Ineligibility and Voluntary Exclusion;’’ Rural Transportation Systems • Supporting a Rural Workforce AD–1049, ‘‘Certification Regarding Drug-Free Workplace Requirements;’’ AGENCY: Rural Business-Cooperative • Improving Quality of Life Service, USDA. SF LLL, ‘‘Disclosure of Lobbying All applicants are responsible for any Activities;’’ RD 400–1, ‘‘Equal ACTION: Notice. expenses incurred in developing their Opportunity Agreement;’’ RD 400–4, ‘‘Assurance Agreement;’’ and a letter SUMMARY: This notice is to invite applications. providing Board authorization to obtain applications for grants to provide Overview assistance. For the FRNAT grant, which Technical Assistance for Rural must benefit FRNATs, at least 75 Transportation (RT) systems under the Solicitation Opportunity Title: Rural percent of the benefits of the Project Rural Business Development Grant Business Development Grants. must be received by members of (RBDG) to provide Technical Assistance Announcement Type: Initial FRNATs. The Project that scores the for RT systems and for RT systems to Announcement. greatest number of points based on the Federally Recognized Native American Catalog of Federal Domestic RBDG selection criteria and the Tribes’ (FRNAT) (collectively Assistance Number: 10.351. discretionary points will be selected for ‘‘Programs’’) and the terms provided in Dates: Completed applications must each grant. such funding. Successful applications be received in the USDA Rural For the funding for Technical will be selected by the Agency for Development State Office no later than Assistance for RT systems, applicants funding and subsequently awarded from 4:30 p.m. (local time) on September 25, must be qualified national organizations funds appropriated for the RBDG 2018, to be eligible for FY 2018 grant with experience in providing Technical program. funding. Applications received after this Assistance and training to rural DATES: See under SUPPLEMENTARY date will not be eligible for FY 2018 communities nationwide for the INFORMATION section. grant funding. purpose of improving passenger

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transportation service or facilities. To be C. Eligibility Information whether organizational staff or considered ‘‘national,’’ RBS requires a 1. Eligible Applicants. consultants or contractors will be used; qualified organization to provide To be considered eligible, an entity and evidence that it can operate RT must be a qualified national (ix) Other information the Agency assistance programming nation-wide. organization serving Rural Areas as may request to assist it in making a An entity can qualify if they can work evidenced in its organizational grant award determination. in partnership with other entities to documents and demonstrated (e) The latest 3 years of financial information to show the applicant’s fulfill the national requirement as long experience, per 7 CFR part 4280, financial capacity to carry out the as the applicant will have ultimate subpart E. Grants will be competitively proposed work. If the applicant is less control of the grant administration. For awarded to qualified national than 3 years old, at a minimum, the the funding for RT systems to FRNATs, organizations. an entity can qualify if they can work in The Agency requires the following information should include all balance partnership with other entities to information to make an eligibility sheet(s), income statement(s), and cash support all federally recognized tribes in determination that an applicant is a flow statement(s). A current audited all states, as long as the applicant will national organization. These report is required if available; (f) Documentation regarding the have ultimate control of the grant applications must include, but are not availability and amount of other funds administration. There is not a limited to, the following: requirement to use the grant funds in a (a) An original and one copy of SF to be used in conjunction with the funds multi-State area. Grants will be made to 424, ‘‘Application for Federal from RBDG; (g) A budget which includes salaries, qualified national organizations for the Assistance (for non-construction);’’ provision of Technical Assistance and (b) Copies of applicant’s fringe benefits, consultant costs, indirect training to Rural communities for the organizational documents showing the costs, and other appropriate direct costs purpose of improving passenger applicant’s legal existence and authority for the Project. 2. Cost Sharing or Matching. Matching transportation services or facilities. to perform the activities under the grant; 3. Definition of Terms. The definitions (c) A proposed scope of work, funds are not required. 3. Other. applicable to this notice are published including a description of the proposed Applications will only be accepted at 7 CFR 4280.403. Project, details of the proposed activities from qualified national organizations to 4. Application Awards. The Agency to be accomplished and timeframes for provide Technical Assistance for RT. will review, evaluate, and score completion of each task, the number of There are no ‘‘responsiveness,’’ or applications received in response to this months for the duration of the Project, ‘‘threshold’’ eligibility criteria for these notice based on the provisions in 7 CFR and the estimated time it will take from grants. There is no limit on the number 4280, subpart E and as indicated in this grant approval to beginning of Project of applications an applicant may submit notice. However, the Agency advises all implementation; under this announcement. In addition to interested parties that the applicant (d) A written narrative that includes, the forms listed under program bears the burden in preparing and at a minimum, the following items: description, Form AD–3030 submitting an application in response to (i) An explanation of why the Project ‘‘Representations Regarding Felony this notice. is needed, the benefits of the proposed Project, and how the Project meets the Conviction and Tax Delinquent Status B. Federal Award Information grant eligible purposes; for Corporate Applicants,’’ must be Type of Award: Grants. (ii) Area to be served, identifying each completed in the affirmative. Fiscal Year Funds: FY 2018. governmental unit, i.e., tribe, town, None of the funds made available may Available Funds: Anyone interested county, etc., to be affected by the be used to enter into a contract, in submitting an application for funding Project; memorandum of understanding, or under this program is encouraged to (iii) Description of how the Project cooperative agreement with, make a consult the Rural Development Web will coordinate Economic Development grant to, or provide a loan or loan Newsroom website at http:// activities with other Economic guarantee to, any corporation that has www.rd.usda.gov/newsroom/notices- Development activities within the any unpaid Federal tax liability that has solicitation-applications-nosas for Project area; been assessed, for which all judicial and funding information. (iv) Businesses to be assisted, if administrative remedies have been Approximate Number of Awards: To appropriate, and economic development exhausted or have lapsed, and that is be determined based on the number of to be accomplished; not being paid in a timely manner qualified applications received. (v) An explanation of how the pursuant to an agreement with the Historically two awards have been proposed Project will result in newly authority responsible for collecting the made. created, increased, or supported jobs in tax liability, where the awarding agency Expected Amounts of Individual the area and the number of projected is aware of the unpaid tax liability, Awards and Amount of Funding per new and supported jobs within the next unless a Federal agency has considered Federal Award: $500,000 and $250,000 3 years; suspension or debarment of the depending on the number of applicants. (vi) A description of the applicant’s corporation and has made a Maximum Awards: A total of demonstrated capability and experience determination that this further action is $500,000 will be awarded for technical in providing the proposed Project not necessary to protect the interests of assistance for rural transportation assistance, including experience of key the Government. systems and a maximum of $250,000 for staff members and persons who will be None of the funds made available may FRNATs. providing the proposed Project activities be used to enter into a contract, Award Date: Prior to September 30, and managing the Project; memorandum of understanding, or 2018. (vii) The method and rationale used to cooperative agreement with, make a Performance Period: October 1, 2018, select the areas and businesses that will grant to, or provide a loan or loan through September 30, 2019. receive the service; guarantee to, any corporation that was Renewal or Supplemental Awards: (viii) A brief description of how the convicted of a felony criminal violation None. work will be performed, including under any Federal law within the

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preceding 24 months, where the making a request to a USDA Rural that the applicant is not qualified to awarding agency is aware of the Development State Office. receive a Federal award and use that conviction, unless a Federal agency has All Projects to receive Technical determination as a basis for making a considered suspension or debarment of Assistance through these passenger Federal award to another applicant. the corporation and has made a transportation grant funds are to be 4. Submission Dates and Times. determination that this further action is identified when the applications are (a) Application Deadline Date: No not necessary to protect the interests of submitted to the USDA Rural later than 4:30 p.m. (local time) on the Government. Development State Office. Multiple September 25, 2018. 4. Completeness Eligibility. Project applications must identify each Explanation of Deadlines: Applications will not be considered individual Project, indicate the amount Applications must be in the USDA for funding if they do not provide of funding requested for each individual Rural Development State Office by the sufficient information to determine Project, and address the criteria as local deadline date and time as eligibility or are missing required stated above for each individual Project. indicated above. If the due date falls on elements. For multiple-Project applications, the a Saturday, Sunday, or Federal holiday, average of the individual Project scores the application is due the next business D. Application and Submission will be the score for that application. day. Information The applicant documentation and (b) The deadline date means that the 1. Address to Request Application forms needed for a complete application completed application package must be Package. are located in the Program Description received in the USDA Rural For further information, entities section of this notice, and 7 CFR part Development State Office by the wishing to apply for assistance should 4280, subpart E. deadline date established above. All contact the USDA Rural Development (a) There are no specific formats, application documents identified in this State Office provided in the ADDRESSES specific limitations on number of pages, notice are required. section of this notice to obtain copies of font size and type face, margins, paper (c) If complete applications are not the application package. size, number of copies, and the received by the deadline established Prior to official submission of grant sequence or assembly requirements. above, the application will neither be applications, applicants may request (b) The component pieces of this reviewed nor considered under any technical assistance or other application application should contain original circumstances. guidance from the Agency, as long as signatures on the original application. (d) The Agency will determine the such requests are made prior to August (c) Since these grants are for application receipt date based on the 16, 2018. Technical assistance is not Technical Assistance for transportation actual date postmarked. meant to be an analysis or assessment of purposes, no additional information (e) This notice is for RT Technical the quality of the materials submitted, a requirements other than those described Assistance grants only and therefore, substitute for agency review of in this notice and 7 CFR part 4280, intergovernmental reviews are not completed applications, nor a subpart E are required. required. determination of eligibility, if such 3. Unique entity identifier and System (f) These grants are for RT Technical determination requires in-depth for Award Management. Assistance grants only, no construction analysis. The Agency will not solicit or All applicants must have a Dun and or equipment purchases are permitted. consider scoring or eligibility Bradstreet Data Universal Numbering If the grantee has a previously approved information that is submitted after the System (DUNS) number which can be indirect cost rate, it is permissible, application deadline. The Agency obtained at no cost via a toll-free request otherwise, the applicant may elect to reserves the right to contact applicants line at (866) 705–5711 or at http:// charge the 10 percent indirect cost to seek clarification information on fedgov.dnb.com/webform. Each permitted under 2 CFR 200.414(f) or materials contained in the submitted applicant (unless the applicant is an request a determination of its Indirect application. individual or Federal awarding agency Cost Rate. Due to the time required to Applications must be submitted in that is excepted from the requirements evaluate Indirect Cost Rates, it is likely paper format. Applications submitted to under 2 CFR 25.110(b) or (c) or has an that all funds will be awarded by the a USDA Rural Development State Office exception approved by the Federal time the Indirect Cost Rate is must be received by the closing date and awarding agency under 2 CFR 25.110(d) determined. No foreign travel is local time. is required to: (i) Be registered in the permitted. Pre-Federal award costs will 2. Content and Form of Application System for Award Management (SAM) only be permitted with prior written Submission. before submitting its application; (ii) approval by the Agency. An application must contain all of the provide a valid unique entity identifier (g) Applicants must submit required elements. Each application in its application; and (iii) continue to applications in hard copy format as received in a USDA Rural Development maintain an active SAM registration previously indicated in the Application State Office will be reviewed to with current information at all times and Submission Information section of determine if it is consistent with the during which it has an active Federal this notice. If the applicant wishes to eligible purposes contained in section award or an application or plan under hand deliver its application, the 310B(c) of the Consolidated Farm and consideration by a Federal awarding addresses for these deliveries can be Rural Development Act (7 U.S.C. agency. The Federal awarding agency located in the ADDRESSES section of this 1932(c)). Each selection priority may not make a Federal award to an notice. criterion outlined in 7 CFR 4280.435 applicant until the applicant has (h) If you require alternative means of must be addressed in the application. complied with all applicable unique communication for program information Failure to address any of the criterion entity identifier and SAM requirements (e.g., Braille, large print, audiotape, etc.) will result in a zero-point score for that and, if an applicant has not fully please contact USDA’s TARGET Center criterion and will impact the overall complied with the requirements by the at (202) 720–2600 (voice and TDD). evaluation of the application. Copies of time the Federal awarding agency is 7 CFR part 4280, subpart E, will be ready to make a Federal award, the E. Application Review Information provided to any interested applicant Federal awarding agency may determine 1. Criteria.

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All eligible and complete applications All successful applicants will be That no person will be discriminated will be evaluated and scored based on notified by letter, which will include a against based on race, color or national the selection criteria and weights Letter of Conditions, and a Letter of origin, in regard to any program or contained in 7 CFR 4280.435 and will Intent to Meet Conditions. This letter is activity for which the recipient receives select grantees subject to the grantees’ not an authorization to begin Federal financial assistance. That satisfactory submission of the additional performance. If the applicant wishes to nondiscrimination statements are in items required by 7 CFR part 4280, consider beginning performance prior to advertisements and brochures. subpart E and the USDA Rural the grant being officially closed, all pre- Collect and maintain data provided by Development Letter of Conditions. award costs must be approved in recipients on race, sex, and national Failure to address any one of the criteria writing and in advance by the Agency. origin and ensure recipients collect and in 7 CFR 4280.435 by the application The grant will be considered officially maintain this data. Race and ethnicity deadline will result in the application awarded when all conditions in the data will be collected in accordance being determined ineligible, and the Letter of Conditions have been met and with OMB Federal Register notice, application will not be considered for the Agency obligates the funding for the ‘‘Revisions to the Standards for the funding. The amount of an RT grant Project. Classification of Federal Data on Race may be adjusted, at the Agency’s Additional requirements that apply to and Ethnicity,’’ (62 FR 58782), October discretion, to enable the Agency to grantees selected for this program can be 30, 1997. Sex data will be collected in award RT grants to the applications found in 7 CFR part 4280, subpart E; the accordance with Title IX of the with the highest priority scores in each Grants and Agreements regulations of Education Amendments of 1972. These category. the U.S. Department of Agriculture items should not be submitted with the 2. Review and Selection Process. codified in 2 CFR Chapter IV, and application but should be available The State Offices will review successor regulations. upon request by the Agency. applications to determine if they are In addition, all recipients of Federal The applicant and the ultimate eligible for assistance based on financial assistance are required to recipient must comply with Title VI of requirements contained in 7 CFR report information about first-tier sub- the Civil Rights Act of 1964, Title IX of 4280.416 and 4280.417. If determined awards and executive compensation the Education Amendments of 1972, eligible, your application will be (see 2 CFR part 170). You will be Americans with Disabilities Act (ADA), submitted to the National Office. required to have the necessary processes Section 504 of the Rehabilitation Act of Funding of Projects is subject to the and systems in place to comply with the 1973, Age Discrimination Act of 1975, applicant’s satisfactory submission of Federal Funding Accountability and Executive Order 12250, Executive Order the additional items required by that Transparency Act of 2006 (Pub. L. 109– 13166 Limited English Proficiency subpart and the USDA Rural 282) reporting requirements (see 2 CFR (LEP), and 7 CFR part 1901, subpart E. Development Letter of Conditions. The 170.200(b), unless you are exempt under Agency reserves the right to award 2 CFR 170.110(b)). (j) SF LLL, ‘‘Disclosure of Lobbying additional discretionary points under 7 The following additional Activities,’’ if applicable. CFR 4280.435(k). requirements apply to grantees selected (k) Form SF 270, ‘‘Request for In awarding discretionary points, the for this program: Advance or Reimbursement.’’ Agency scoring criteria regularly assigns (a) Form RD 4280–2 ‘‘Rural Business- 3. Reporting. points to applications that direct loans Cooperative Service Financial (a) A Financial Status Report and a or grants to Projects based in or serving Assistance Agreement.’’ Project performance activity report will census tracts with poverty rates greater (b) Letter of Conditions. be required of all grantees on a quarterly than or equal to 20 percent. This (c) Form RD 1940–1, ‘‘Request for basis until initial funds are expended emphasis will support Rural Obligation of Funds.’’ and yearly thereafter, if applicable, Development’s mission of improving the (d) Form RD 1942–46, ‘‘Letter of based on the Federal fiscal year. The quality of life for Rural Americans and Intent to Meet Conditions.’’ grantee will complete the Project within commitment to directing resources to (e) Form AD–1047, ‘‘Certification the total time available to it in those who most need them. Regarding Debarment, Suspension, and Other Responsibility Matters–Primary accordance with the Scope of Work and F. Federal Award Administration Covered Transactions.’’ any necessary modifications thereof Information (f) Form AD–1048, ‘‘Certification prepared by the grantee and approved 1. Federal Award Notices. Regarding Debarment, Suspension, by the Agency. A final Project Successful applicants will receive Ineligibility and Voluntary Exclusion– performance report will be required notification for funding from their Lower Tier Covered Transactions.’’ with the final Financial Status Report. USDA Rural Development State Office. (g) Form AD–1049, ‘‘Certification The final report may serve as the last Applicants must comply with all Regarding a Drug-Free Workplace quarterly report. The final report must applicable statutes and regulations Requirement (Grants).’’ provide complete information regarding before the grant award will be approved. (h) Form AD–3030, ‘‘Assurance the jobs created and supported as a Unsuccessful applications will receive Regarding Felony Conviction or Tax result of the grant if applicable. Grantees notification by mail. Delinquent Status for Corporate must continuously monitor performance 2. Administrative and National Policy Applicants.’’ Must be signed by to ensure that time schedules are being Requirements. corporate applicants who receive an met, projected work by time periods is Additional requirements that apply to award under this notice. being accomplished, and other grantees selected for this program can be (i) Form RD 400–4, ‘‘Assurance performance objectives are being found in 7 CFR 4280.408, 4280.410, and Agreement.’’ Each prospective recipient achieved. Grantees must submit an 4280.439. Awards are subject to USDA must sign Form RD 400–4, Assurance original of each report to the Agency no Departmental Grant Regulations at 2 Agreement, which assures USDA that later than 30 days after the end of the CFR Chapter IV which incorporates the the recipient is in compliance with Title quarter. The Project performance reports new Office of Management and Budget VI of the Civil Rights Act of 1964, 7 CFR must include, but not be limited to, the (OMB) regulations at 2 CFR part 200. part 15, and other Agency regulations. following:

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(1) A comparison of actual Federal Funding Accountability and (2) Fax: (202) 690–7442; or accomplishments to the objectives Transparency Act (3) Email: [email protected]. USDA is an equal opportunity provider, established for that period; All applicants, in accordance with 2 employer, and lender. (2) Problems, delays, or adverse CFR part 25, must have a DUNS conditions, if any, which have affected number, which can be obtained at no Dated: June 20, 2018. or will affect attainment of overall cost via a toll-free request line at (866) Bette B. Brand, Project objectives, prevent meeting time 705–5711 or online at http:// Administrator, Rural Business-Cooperative schedules or objectives, or preclude the fedgov.dnb.com/webform. Similarly, all Service. attainment of particular Project work applicants must be registered in SAM [FR Doc. 2018–13752 Filed 6–26–18; 8:45 am] elements during established time prior to submitting an application. BILLING CODE 3410–XY–P periods. This disclosure shall be Applicants may register for the SAM at accompanied by a statement of the http://www.sam.gov. All recipients of action taken or planned to resolve the Federal financial assistance are required DEPARTMENT OF AGRICULTURE situation; to report information about first-tier Rural Housing Service (3) Objectives and timetable sub-awards and executive total compensation in accordance with 2 CFR established for the next reporting Notice of Solicitation of Applications part 170. period; for Section 514 Farm Labor Housing (4) Any special reporting Nondiscrimination Statement Loans and Section 516 Farm Labor requirements, such as jobs supported In accordance with Federal civil Housing Grants for Off-Farm Housing and created, businesses assisted, or rights law and U.S. Department of for Fiscal Year 2018 Economic Development which results in Agriculture (USDA) civil rights improvements in median household AGENCY: Rural Housing Service, USDA. regulations and policies, the USDA, its ACTION: Notice. incomes, and any other specific Agencies, offices, and employees, and requirements, should be placed in the institutions participating in or SUMMARY: The Rural Housing Service reporting section in the Letter of administering USDA programs are (RHS) announces the timeframe to Conditions; and prohibited from discriminating based on submit pre-applications for Section 514 (5) Within 90 days after the race, color, national origin, religion, sex, Farm Labor Housing (FLH) loans and conclusion of the Project, the grantee gender identity (including gender Section 516 FLH grants for the will provide a final Project evaluation expression), sexual orientation, construction of new off-farm FLH units report. The last quarterly payment will disability, age, marital status, family/ and related facilities for domestic farm be withheld until the final report is parental status, income derived from a laborers and for the purchase and received and approved by the Agency. public assistance program, political substantial rehabilitation of non-FLH Even though the grantee may request beliefs, or reprisal or retaliation for prior property. The intended purpose of the reimbursement on a monthly basis, the civil rights activity, in any program or loans and grants are to increase the last 3 months of reimbursements will be activity conducted or funded by USDA number of available housing units for withheld until a final Project, Project (not all bases apply to all programs). domestic farm laborers. This Notice performance, and financial status report Remedies and complaint filing describes the method used to distribute are received and approved by the deadlines vary by program or incident. funds, the application process, and Agency. Persons with disabilities who require submission requirements. The Agency will publish the amount G. Federal Awarding Agency Contact(s) alternative means of communication for program information (e.g., Braille, large of funding received from the For general questions about this print, audiotape, American Sign Consolidated Appropriations Act, 2018 announcement, please contact your Language, etc.) should contact the (Pub. L. 115–141, March 23, 2018) on its USDA Rural Development State Office responsible Agency or USDA’s TARGET website at: https://www.rd.usda.gov/ provided in the ADDRESSES section of Center at (202) 720–2600 (voice and newsroom/notices-solicitation- this notice. TTY) or contact USDA through the applications-nosas. Expenses incurred Federal Relay Service at (800) 877–8339. in developing applications will be at the H. Civil Rights Requirements Additionally, program information may applicant’s risk. All grants made under this notice are be made available in languages other Pursuant to section 759 of the subject to Title VI of the Civil Rights Act than English. Consolidated Appropriations Act, 2018 of 1964 as required by the USDA (7 CFR To file a program discrimination (Pub. L. 115–141, March 23, 2018), the part 15, subpart A) and Section 504 of complaint, complete the USDA Program Agency will set aside 10 percent of the the Rehabilitation Act of 1973, Title VIII Discrimination Complaint Form, AD FLH funds for project proposals in of the Civil Rights Act of 1968, Title IX, 3027, found online at http:// persistent poverty counties. The Agency _ _ Executive Order 13166 (Limited English www.ascr.usda.gov/complaint filing will also assign additional points to pre- Proficiency), Executive Order 11246, cust.html and at any USDA office or applications for projects based in or and the Equal Credit Opportunity Act of write a letter addressed to USDA and serving census tracts with poverty rates 1974. provide in the letter all of the equal to or greater than 20 percent over information requested in the form. To the last 30 years. This emphasis will I. Other Information request a copy of the complaint form, support Rural Development’s mission of Paperwork Reduction Act call (866) 632–9992. Submit your improving the quality of life for rural completed form or letter to USDA by: Americans and commitment to directing In accordance with the Paperwork (1) Mail: U.S. Department of resources to those who most need them. Reduction Act of 1995, the information Agriculture, Office of the Assistant DATES: The deadline for receipt of all collection requirement contained in this Secretary for Civil Rights, 1400 applications in response to this Notice notice is approved by OMB under OMB Independence Avenue SW, Washington, is 5:00 p.m., local time to the Control Number 0570–0070. DC 20250–9410; appropriate Rural Development State

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Office on August 27, 2018. Rural Section 516 Farm Labor Housing Grants addition, if funds remain after the Development will not consider any for Off-Farm Housing for Fiscal Year highest scoring eligible NOSA responses application that is received after the 2018. are selected for awards, we may contact deadline unless the date and time is Announcement Type: Solicitation of those eligible responses not selected for extended by another Notice published pre-applications from qualified awards, in point score order starting in the Federal Register. Applicants applicants for FY 2018. with the highest scores, to ascertain mailing applications must provide Catalog of Federal Domestic whether those respondents will accept sufficient time to permit delivery on or Assistance Numbers (CFDA): 10.405 and those remaining funds. before the deadline. Acceptance by a 10.427. B. Eligibility Information post office or private mailer does not A. Federal Award Description constitute delivery. Facsimile (FAX) and 1. Eligibility Pre-applications will only be accepted postage due applications will not be Housing Eligibility—housing that is accepted. through the date and time listed in this Notice. All awards are subject to constructed with FLH loans and/or ADDRESSES: Applicants wishing to availability of funding. Individual grants must meet Rural Development’s submit an application in response to requests may not exceed $3 million design and construction standards this Notice must contact the Rural (total loan and grant). A State Office contained in 7 CFR part 1924, subparts Development State Office serving the may not receive more than 30 percent of A and C. Once constructed, off-farm State of the proposed off-farm FLH FLH funding available in FY 2018. FLH must be managed in accordance project in order to receive further If there are insufficient applications with 7 CFR part 3560. In addition, off- information and copies of the from around the country to exhaust the farm FLH must be operated on a non- application package. You may find the Section 514 and Section 516 funds profit basis and tenancy must be open addresses and contact information for available, the Agency may then exceed to all qualified domestic farm laborers, each State Office at, http:// the 30 percent cap per State. Section regardless at which farm they work. www.rd.usda.gov/contact-us/state- 516 off-farm FLH grants may not exceed Section 514(f)(3) of the Housing Act of offices. Rural Development will date 90 percent of the total development cost 1949, as amended (42 U.S.C. 1484(f)(3)) and time stamp incoming applications (TDC) of the housing as defined in 7 defines domestic farm laborers to to evidence timely receipt and; upon CFR 3560.11. include any person regardless of the request, will provide the applicant with If leveraged funds are going to be used person’s source of employment, who a written acknowledgment of receipt. and are in the form of tax credits, the receives a substantial portion of his/her FOR FURTHER INFORMATION CONTACT: applicant must include in its pre- income from the primary production of Mirna Reyes-Bible, Senior Finance and application written evidence that a tax agricultural or aqua cultural Loan Analyst, Preservation and Direct credit application has been submitted commodities in the unprocessed or Loan Division, STOP 0781 (Room 1263– and accepted by the Housing Finance processed stage, and also includes the S), USDA Rural Development, 1400 Agency (HFA). All applications that person’s family. Independence Avenue SW, Washington, receive any leveraged funds must have Tenant Eligibility—tenant eligibility DC 20250–0781, telephone: (202) 720– firm commitments in place within 12 is limited to persons who meet the 1753 (this is not a toll free number), or months of the issuance of a ‘‘Notice of definition of a ‘‘disabled domestic farm via email: mirna.reyesbible@ Pre-Application Review Action,’’ laborer,’’ or a ‘‘domestic farm laborer,’’ wdc.usda.gov. Handbook Letter 106 (3560). Applicants or ‘‘retired domestic farm laborer,’’ as defined in Section 514(f)(3) of the SUPPLEMENTARY INFORMATION: without written evidence that a tax credit application has been submitted Housing Act of 1949, as further Preface and accepted by HFA must certify in amended through the Consolidated The Agency encourages applications writing they will apply for tax credits to Appropriations Act, 2018. See 42 U.S.C. that will support recommendations HFA and obtain a firm commitment 1484(f)(3). made in the Rural Prosperity Task Force within 12 months of the issuance of a Applicant Eligibility— report to help improve life in rural ‘‘Notice of Pre-Application Review (a) To be eligible to receive a Section America at: www.usda.gov/ Action.’’ 516 grant for off-farm FLH, the applicant ruralprosperity. Applicants are Rental Assistance (RA) and operating must be a broad-based non-profit encouraged to consider projects that assistance will be available for new organization, including community and provide measurable results in helping construction in FY 2018. Operating Faith-Based organizations, a non-profit rural communities build robust and assistance is explained at 7 CFR organization of farm workers, a sustainable economies through strategic 3560.574 and may be used in lieu of Federally recognized Indian tribe, an investments in infrastructure, tenant-specific RA in off-farm FLH agency or political subdivision of a State partnerships and innovation. Key projects that serve migrant farm workers or local Government, or a public agency strategies include: as defined in 7 CFR 3560.11, that are (such as a housing authority). The applicant must be able to contribute at • Achieving e-Connectivity for Rural financed under Section 514 or Section least one-tenth of the TDC from non- America 516 (h) of the Housing Act of 1949, as • Developing the Rural Economy amended (42 U.S.C. 1484 and 1486(h) Rural Development resources which can • Harnessing Technological Innovation respectively), and otherwise meet the include leveraged funds. • Supporting a Rural Workforce requirements of 7 CFR 3560.574. (b) To be eligible to receive a Section • Improving Quality of Life In order to maximize the use of our 514 loan for off-farm FLH, the applicant limited supply of FLH funds, we may must be a broad-based non-profit Overview contact eligible Notice of Solicitation organization, including community and Federal Agency: Rural Housing Applications (NOSA) responses selected Faith-Based organizations, a non-profit Service. for an award in point score order organization of farm workers, a Funding Opportunity Title: Notice of starting with the higher scores, with Federally recognized Indian tribe, an Solicitation Applications for Section proposals to modify the transaction’s agency or political subdivision of a State 514 Farm Labor Housing Loans and proportions of grant and loan funds. In or local Government, a public agency

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(such as a housing authority), or a first-tier sub-awards and executive Submission of the electronic Section limited partnership which has a non- compensation in accordance with 2 CFR 514 Loan Proposal form does not profit entity as its general partner, and part 170. So long as an entity applicant constitute submission of the entire (i) Be unable to provide the necessary does not have an exception under 2 CFR proposal package which requires housing from its own resources; 170.110(b), the applicant must have the additional forms and supporting (ii) Except for State or local public necessary processes and systems in documentation as listed within this agencies and Indian tribes, be unable to place to comply with the reporting Notice. You may use one of the obtain similar credit elsewhere at rates requirements should the applicant following options for submitting the that would allow for rents within the receive funding. See 2 CFR 170.200(b). entire proposal package comprising of payment ability of eligible residents. all required forms and documents. On (iii) Broad-based non-profit C. Application and Submission the Loan Proposal form you can indicate organizations must have a membership Information the option you will be using to submit that reflects a variety of interests in the 1. Pre-Application Submission each required form and document. area where the housing will be located. (a) Electronic Media Option. Submit 2. Cost Sharing or Matching—Section The application process will be in two all forms and documents as read-only 516 grants for off-farm FLH may not phases: The initial pre-application (or Adobe Acrobat files on electronic media exceed 90 percent of the TDC as proposal) and the submission of a final such as CDs, DVDs or USB drives. For provided in 7 CFR 3560.562(c)(1). application. Only those pre-applications each electronic device submitted, the 3. Other Requirements—the following or proposals that are selected for further applicant should include a Table of requirements apply to loans and grants processing will be invited to submit Contents of all documents and forms on made in response to this Notice: final applications. In the event that a that device. The electronic media (a) 7 CFR part 1901, subpart E, proposal is selected for further should be submitted to the Rural regarding equal opportunity processing and the applicant declines, Development State Office listed in this requirements; the next highest ranked unfunded pre- Notice where the property is located. (b) For grants only, 2 CFR parts 200 application may be selected for further Any forms and documents that are not and 400, which establishes the uniform processing. All pre-applications for sent electronically, including the check administrative and audit requirements Sections 514 and 516 funds must be for credit reports, must be mailed to the for grants and cooperative agreements to filed with the appropriate Rural Rural Development State Office. State and local Governments and to Development State Office and must (b) Email Option. On the Loan non-profit organizations; meet the requirements of this Notice. Proposal form you will be asked for a (c) 7 CFR part 1901, subpart F, Incomplete pre-applications will not be submission email address. This email regarding historical and archaeological reviewed and will be returned to the address will be used to establish a folder properties; applicant. No pre-application will be on the U.S. Department of Agriculture (d) 7 CFR part 1970, regarding accepted after the deadline unless date (USDA) server with your unique email environmental review and and time are extended by another Notice address. Once the Loan Proposal form is documentation requirements; published in the Federal Register. processed, you will receive an (e) 7 CFR part 3560, subpart L, additional email notifying you of the regarding the loan and grant authorities Pre-applications can be submitted email address that you can use to email of the off-farm FLH program; either electronically using the FLH Pre- your forms and documents. Please Note: (f) 7 CFR part 1924, subpart A, Application form found at: http:// All forms and documents must be regarding planning and performing www.rd.usda.gov/programs-services/ emailed from the same submission construction and other development; farm-labor-housing-direct-loans-grants email address. This will ensure that all (g) 7 CFR part 1924, subpart C, or in hard copy to the appropriate Rural forms and documents you send will be regarding the planning and performing Development Office where the project stored in the folder assigned to that of site development work; will be located. Follow the link to find email address. Any forms and (h) For construction financed with a the appropriate Rural Development documents that are not sent via the Section 516 grant, the provisions of the State Office address for requesting and email option must be submitted on an Davis-Bacon Act (40 U.S.C. 276(a)– submitting a pre-application at: https:// electronic media or in hard copy to the 276(a)–5) and implementing regulations www.rd.usda.gov/about-rd/offices/state- Rural Development State Office. published at 29 CFR parts 1, 3, and 5; offices. Applicants are strongly (c) Hard Copy Submission to the (i) All other requirements contained encouraged; but not required, to submit Rural Development State Office. If you in 7 CFR part 3560, regarding the the pre-application electronically. The are unable to send the proposal package Sections 514/516 off-farm FLH electronic form contains a button electronically using either of the options programs; and labeled ‘‘Send Form.’’ By clicking on the listed above, you may send a hard copy (j) Please note that grant applicants button, the applicant will see an email of all forms and documents to the Rural must obtain a Dun and Bradstreet Data message window with an attachment Development State Office where the Universal Numbering System (DUNS) that includes the electronic form the property is located. Hard copy pre- number and maintain registration in the applicant filled out as a data file with applications received on or before the Central Contractor Registration (CCR) a .pdf extension. In addition, an auto- deadline will receive the close of prior to submitting a pre-application reply acknowledgement will be sent to business time of the day received as the pursuant to 2 CFR 25.200(b). In the applicant when the electronic Loan receipt time. Assistance for filing addition, an entity applicant must Proposal form is received by the Agency electronic and hard copy pre- maintain registration in the CCR unless the sender has software that will applications can be obtained from any database at all times during which it has block the receipt of the auto-reply email. Rural Development State Office. an active Federal award or an The State Office will record pre- For electronic submissions, there is a application or plan under consideration applications received electronically by time delay between the time it is sent by the Agency. Similarly, all recipients the actual date and time when all and the time it is received depending on of Federal financial assistance are attachments are received at the State network traffic. As a result, last-minute required to report information about Office. submissions sent before the deadline

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date and time could be received after entity has the legal and financial requested funds to demonstrate the the deadline date and time because of capability to carry out the obligation of effectiveness and efficiency of your the increased network traffic. the loan. proposal. Please include the Applicants are reminded that all (4) Standard Form 424, ‘‘Application methodology and assumptions you used submissions received after the deadline for Federal Assistance,’’ can be obtained in the ROI calculation. Also include a date and time will be rejected, at: http://www.grants.gov or from any detailed examination of outputs and regardless of when they were sent. Rural Development State Office listed in outcomes. If a pre-application is accepted for Section VII of this Notice. (12) Applicants must also provide: further processing, the applicant must (5) For loan pre-applications, current (i) A copy of, or an accurate citation submit a complete, final application, (within 6 months of pre-application to, the special provisions of State or acceptable to Rural Development prior date) financial statements with the Tribal law under which they are to the obligation of Rural Development following paragraph certified by the organized, a copy of the applicant’s funds. If the pre-application is not applicant’s designated and legally charter, Articles of Incorporation, and accepted for further processing the authorized signer: by-laws; applicant will be notified of appeal ‘‘I/we certify the above is a true and (ii) The names, occupations, and rights under 7 CFR part 11. accurate reflection of our financial addresses of the applicant’s members, condition as of the date stated herein. directors, and officers; and 2. Pre-Application Requirements This statement is given for the purpose (iii) If a member or subsidiary of (a) The pre-application must contain of inducing the United States of another organization, the organization’s the following: America to make a loan or to enable the name, address, and nature of business. (1) A summary page listing the United States of America to make a (13) A preliminary market survey or following items. This information determination of continued eligibility of market study to identify the supply and should be double-spaced between items the applicant for a loan as requested in demand for farm labor housing in the and not be in narrative form. the loan application of which this market area. The market area must be i. Applicant’s name. statement is a part.’’ clearly identified and may include only ii. Applicant’s Taxpayer Identification (6) For loan pre-applications, a check the area from which tenants can Number. for $24 from applicants made out to the reasonably be drawn for the proposed iii. Applicant’s address. U.S. Department of Agriculture. This project. Documentation must be iv. Applicant’s telephone number. will be used to pay for credit reports provided to justify a need within the v. Name of applicant’s contact person, obtained by Rural Development. intended market area for the housing of telephone number, and address. (7) Evidence that the applicant is domestic farm laborers. The vi. Amount of loan and/or grant unable to obtain credit from other documentation must take into account requested. sources. Letters from credit institutions disabled and retired farm workers. The vii. For grants of Federal financial which normally provide real estate preliminary survey should address or assistance (including loans and grants, loans in the area should be obtained and include the following items: cooperative agreements, etc.), the these letters should indicate the rates (i) The annual income level of applicant’s DUNS number and and terms upon which a loan might be farmworker families in the area and the registration in the CCR database in provided. (Note: Not required from State probable income of the farm workers accordance with 2 CFR part 25. As or local public agencies or Indian who will likely occupy the proposed required by OMB, all grant applicants tribes.) housing; must provide a DUNS number when (8) If an FLH grant is desired, a (ii) A realistic estimate of the number applying for Federal grants, on or after statement concerning the need for an of farm workers who remain in the area October 1, 2003. Organizations can FLH grant. The statement should where they harvest and the number of receive a DUNS number at no cost by include preliminary estimates of the farm workers who normally migrate into calling the dedicated toll-free number at rents required with and without a grant. the area. Information on migratory (866) 705–5711 or via the internet at: (9) A statement of the applicant’s workers should indicate the average http://www.dnb.com/. Additional experience in operating labor housing or number of months the migrants reside information concerning this other rental housing. If the applicant’s in the area and an indication of what requirement can be obtained on the experience is limited, additional type of family groups are represented by Grants.gov website at www.grants.gov. information should be provided to the migrants (i.e., single individuals as Similarly, applicants may register for indicate how the applicant plans to opposed to families); the CCR at: https://www.uscontractor compensate for this limited experience (iii) General information concerning registration.com/ or by calling (877) (i.e., obtaining assistance and advice of the type of labor intensive crops grown 252–2700. a management firm, non-profit group, in the area and prospects for continued (2) Awards made under this Notice public agency, or other organization demand for farm laborers; are subject to the provisions contained which is experienced in rental (iv) The overall occupancy rate for in Consolidated Appropriations Act, management and will be available on a comparable rental units in the area and 2018 (Pub. L. 115–141, March 23, 2018) continuous basis). the rents charged and customary rental sections 745 and 746 regarding (10) A brief statement explaining the practices for these units (i.e., will they corporate felony convictions and applicant’s proposed method of rent to large families, do they require corporate Federal tax delinquencies. operation and management (i.e., on-site annual leases, etc.); (3) A narrative verifying the manager, contract for management (v) The number, condition, adequacy, applicant’s ability to meet the eligibility services, etc.). As stated earlier in this rental rates and ownership of units requirements stated earlier in this Notice, the housing must be managed in currently used or available to farm Notice. If an applicant is selected for accordance with the program’s workers; further processing, Rural Development management regulation, 7 CFR part (vi) A description of the units will require additional documentation 3560. proposed, including the number, type, as set forth in a Conditional (11) Provide your entity’s projected size, rental rates, amenities such as Commitment in order to verify the Return on Investment (ROI) for the carpets and drapes, related facilities

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such as a laundry room or community efcommon/eFileServices/eForms/ (21) Applicants are encouraged, but room and other facilities providing RD3560-25.PDF. not required, to include a checklist of all supportive services in connection with (vii) Form RD 400–4, ‘‘Assurance of the pre-application requirements and the housing and the needs of the Agreement,’’ can be found at: http:// to have their pre-application indexed prospective tenants such as a health forms.sc.egov.usda.gov/efcommon/ and tabbed to facilitate the review clinic or day care facility, estimated eFileServices/eForms/RD400-4.PDF. process; development timeline, estimated TDC, Applicants for revitalization, repair, and (22) Evidence of compliance with the and applicant contribution; and rehabilitation funding are to apply requirements of the applicable State (vii) The applicant must also identify through the Multifamily Preservation Housing Preservation Office (SHPO), all other sources of funds, including the and Revitalization (MPR) Demonstration and/or Tribal Historic Preservation dollar amount, source, and commitment program. Officer (THPO). A letter from SHPO status. (Note: A Section 516 grant may (viii) Evidence of compliance with and/or THPO where the off-farm FLH not exceed 90 percent of the TDC of the Executive Order 12372. The applicant project is located, signed by their housing.) must send a copy of Form SF–424, designee will serve as evidence of (14) The applicant must submit a ‘‘Application for Federal Assistance,’’ to compliance. checklist, certification, and signed the applicant’s State clearinghouse for (23) Environmental information affidavit by the project architect or intergovernmental review. If the pursuant to the requirements in 7 CFR engineer, as applicable, for any energy applicant is located in a State that does 1970. programs the applicant intends to not have a clearinghouse, the applicant participate in. is not required to submit the form. D. Pre-Application Review Information (15) The following forms are required: Applications from Federally recognized 1. Selection Criteria. Section 514 FLH (i) A prepared HUD Form 935.2A, Indian tribes are not subject to this loan funds and Section 516 FLH grant ‘‘Affirmative Fair Housing Marketing requirement. funds will be distributed to States based Plan (AFHM) Multi-Family Housing,’’ in (16) Evidence of site control, such as on a national competition, as follows: accordance with 7 CFR 1901.203(c). The an option contract or sales contract. In (a) Rural Development State Office plan will reflect that occupancy is open addition, a map and description of the will accept, review, and score pre- to all qualified ‘‘domestic farm proposed site, including the availability applications in accordance with this laborers,’’ regardless of which farming of water, sewer, and utilities and the Notice. The scoring factors are: operation they work and that they will proximity to community facilities and not discriminate on the basis of race, services such as shopping, schools, (1) The presence of construction cost color, sex, age, disability, marital or transportation, doctors, dentists, and savings, including donated land and familial status or National origin in hospitals. construction leverage assistance, for the regard to the occupancy or use of the (17) Preliminary plans and units that will serve program-eligible units. The form can be found at: http:// specifications, including plot plans, tenants. The savings will be calculated portal.hud.gov/hudportal/documents/ building layouts, and type of as a percentage of the Rural huddoc?id=935-2a.PDF. construction and materials. The housing Development TDC. The percentage calculation excludes any costs (ii) A proposed operating budget must meet Rural Development’s design prohibited by Rural Development as utilizing Form RD 3560–7, ‘‘Multiple and construction standards contained in loan expenses, such as a developer’s fee. Family Housing Project Budget/Utility 7 CFR part 1924, subparts A and C and Construction cost savings includes, but Allowance,’’ can be found at: http:// must also meet all applicable Federal, is not limited to, funds for hard forms.sc.egov.usda.gov/efcommon/ State, and local accessibility standards. construction costs, and State or Federal eFileServices/eForms/RD3560-7.PDF. (18) A supportive services plan, funds which are applicable to (iii) An estimate of development cost which describes services that will be construction costs. A minimum of 10 utilizing Form RD 1924–13, ‘‘Estimate provided on-site or made available to percent cost savings is required to earn and Certificate of Actual Cost,’’ can be tenants through cooperative agreements points; however, if the total percentage found at: http://forms.sc.egov.usda.gov/ with service providers in the of cost savings is less than 10 percent efcommon/eFileServices/eForms/ community, such as a health clinic or and the proposal includes donated land, RD1924-13.PDF. day care facility. Off-site services must 2 points will be awarded for the donated (iv) Form RD 3560–30, ‘‘Certification be accessible and affordable to farm land. To count as cost savings for of no Identity of Interest (IOI),’’ can be workers and their families. Letters of purposes of the selection criteria, the found at: http://forms.sc.egov.usda.gov/ intent from service providers are applicant must submit written evidence efcommon/eFileServices/eForms/ acceptable documentation at the pre- from the third-party funder that an RD3560-30.PDF and Form RD 3560–31, application stage. application for those funds has been ‘‘Identity of Interest Disclosure/ (19) A Sources and Uses Statement submitted and accepted points will be Qualification Certification,’’ can be which shows all sources of funding awarded in accordance with the found at: http://forms.sc.egov.usda.gov/ included in the proposed project. The following table using rounding to the efcommon/eFileServices/eForms/ terms and schedules of all sources nearest whole number. RD3560-31.PDF. included in the project should be (v) Form HUD 2530, ‘‘Previous included in the Sources and Uses Percentage Points Participation Certification,’’ can be Statement. found at: http://portal.hud.gov/ (20) A separate one-page information 75 or more ...... 20 hudportal/documents/ sheet listing each of the ‘‘Pre- 60–74 ...... 18 huddoc?id=2530.pdf. Application Scoring Criteria,’’ contained 50–59 ...... 16 (vi) If requesting RA or Operating in this Notice, followed by a reference 40–49 ...... 12 Assistance, Form RD 3560–25, ‘‘Initial to the page numbers of all relevant 30–39 ...... 10 Request for Rental Assistance or material and documentation that is 20–29 ...... 8 10–19 ...... 5 Operating Assistance,’’ can be found at: contained in the proposal that supports 0–9 ...... 0 http://forms.sc.egov.usda.gov/ the criteria.

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(2) The presence of operational cost (5) Energy Initiative Scoring Points (ii) Energy Conservation for New savings, such as tax abatements, non- (the aggregate points for all the Energy Construction or Purchase and Rural Development tenant subsidies or Initiative categories may not exceed 20 Rehabilitation of an Existing Non-Farm donated services are calculated on a per- points). Labor Housing Building. Projects may unit cost savings for the sum of the Properties may receive points for be eligible for scoring points when the savings. Savings must be available for at energy initiatives in the categories of pre-application includes a written least 5 years and documentation must energy conservation, energy generation, certification by the applicant to be provided with the application water conservation and green property participate and achieve certification in demonstrating the availability of savings management. Depending on the scope of the following energy efficiency for 5 years. To calculate the savings, work (SOW), properties may earn programs. The points will be allocated take the total amount of savings and ‘‘energy initiative’’ points in either one as follows: divide it by the number of units in the of two categories: (1) New Construction • Participation in the EPA’s Energy project that will benefit from the savings or (2) Purchase and Rehabilitation of an Star for Homes V3 program. (2 points) to obtain the per-unit cost savings. For Existing Non-Farm Labor Housing http://www.energystar.gov/index.cfm?c= non-Rural Development tenant subsidy, Building. Projects will be eligible for bldrs_lenders_raters.pt_bldr. if the value changes during the 5-year one category of the two, but not both. OR calculation, the applicant must use the Energy programs including LEED for • Participation in the Green lower of the non-Rural Development Homes, Green Communities, etc., will Communities program by the Enterprise tenant subsidy to calculate per-unit cost each have an initial checklist indicating Community Partners. (4 points) http:// savings. For example, a 10-unit property prerequisites for participation in its www.enterprisecommunity.com/ with 100 percent designated farm labor energy program. The applicable energy solutions-and-innovation/enterprise- housing units receiving $20,000 per year program checklist will establish green-communities. non-Rural Development subsidy yields a whether prerequisites for the energy cost savings of $100,000 ($20,000 × 5 OR program’s participation will be met. All • years); resulting to a $10,000 per-unit checklists must be accompanied by a Participation in one of the following cost savings ($100,000/10 units). signed affidavit by the project architect programs will be awarded points for Use the following table to apply or engineer stating that the goals are certification. points: achievable and the project has been Note: Each program has four levels of enrolled in these programs if enrollment certification. State the level of certification Per-unit cost savings Points is applicable to that program. In that the applicant plans will achieve in their addition, projects that apply for points certification: Above $15,000 ...... 50 • $10,001—$15,000 ...... 35 under the energy generation category LEED for Homes program by the $7,501—$10,000 ...... 20 must include calculations of savings of United States Green Building Council $5,001—$7,500 ...... 15 energy. Compare property energy usage (USGBC): http://www.usgbc.org. $3,501—$5,000 ...... 10 of three scenarios: (1) Property built to —Certified Level (2 points), OR $2,001—$3,500 ...... 5 required code of State with no —Silver Level (4 points), OR $1,000—$2,000 ...... 2 renewables, to (2) property as-designed —Gold Level (6 points), OR with commitments to stated energy —Platinum Level (8 points) (3) 10 points will be awarded to conservation programs without the use Applicant must state the level of projects in persistent poverty counties. of renewables and (3) property as- certification that the applicant’s plans A county is considered persistently poor designed with commitments to stated will achieve in their certification in its if 20 percent or more of its population energy conservation programs and the pre-application. was living in poverty over the last 30 use of proposed renewables. Use local years (measured by the 1990, 2000 and average metrics for weather and utility OR 2010 decennial censuses and 2007–2011 costs and detail savings in kilowatts and • Home Innovation’s and The American Community Survey 5-year dollars. Provide payback calculations. National Association of Home Builders estimates). These calculations must be done by a (NAHB) ICC 700 National Green (4) Presence of tenant services. licensed engineer or credentialed Building Standard TM: http:// Two points will be awarded for each renewable energy provider. Include www.nahb.org/. resident service included in the tenant with application, the provider/ —Green-Bronze Level (2 points), OR services plan up to a maximum of 10 engineer’s credentials including —Silver Level (4 points), OR points. Plans must detail how the qualifications, recommendations, and —Gold Level (6 points), OR services are to be administered, who proof of previous work. The checklist, —Emerald Level (8 points). will administer them, and where they affidavit, calculations and qualifications Applicant must state the level of will be administered. All tenant service of engineer/energy provider must be certification that the applicant’s plans plans must include letters of intent that submitted together with the loan will achieve in their certification in its clearly state the service that will be application. pre-application. provided at the project for the benefit of Enrollment in the EPA Portfolio AND the residents from any party Manager Program. All projects awarded • administering each service, including scoring points for energy initiatives Participation in the Department of the applicant. These services may must enroll the project in the EPA Energy’s Zero Energy Ready program. (2 include, but are not limited to, Portfolio Manager Program to track post- points) http://www.energy.gov/eere/ transportation related services, on-site construction energy consumption data. buildings/zero-energy-ready-home. English as a Second Language (ESL) More information about this program AND classes, move-in funds, emergency may be found at: http:// • Participation in local green/energy assistance funds, homeownership www.energystar.gov/buildings/facility- efficient building standards. Applicants counseling, food pantries, after school owners-and-managers/existing- who participate in a city, county, or tutoring, and computer learning centers. buildings/use-portfolio-manager. municipality program (2 points).

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(iii) Energy Conservation for Projects may participate in Power • The entity or its members will not Rehabilitation. Pre-applications for the Purchase Agreements or Solar Leases to be receiving any direct or indirect purchase and rehabilitation of non- achieve their on-site renewable energy benefits pursuant to Low Income program MFH and related facilities in generation goals provided that the Housing Tax Credits. rural areas may be eligible for scoring financial obligations of the lease/ If there are two or more applications points when the pre-application purchase agreements are clearly that have the same score and both includes a written certification by the documented and included in the cannot be funded, a lottery in applicant to participate in one of the application, and qualifying ratios accordance with 7 CFR 3560.56(c)(2) following energy efficiency programs. continue to be achieved. will be used to break the tie. If Again, the certification must be An additional 1 point will be awarded insufficient funds or RA remain for the accompanied by a signed affidavit by for off-grid systems, or elements of next ranked proposal, that applicant the project architect or engineer stating systems, provided that at least 5 percent will be given a chance to modify their that the goals are achievable. Points will of on-site renewable system is off-grid. pre-application to bring it within be awarded as follows: See www.dsireusa.org for State and local remaining funding levels. This will be • Participation in the Green specific incentives and regulations of repeated for each next ranked eligible Communities program by the Enterprise energy initiatives. proposal until an award can be made or Community Partners (3 points) http:// (v) Water Conservation in Irrigation the list is exhausted. www.enterprisecommunity.com/ Measures. Projects may be awarded 1 Rural Development will notify all solutions-and-innovation/enterprise- point for the use of an engineered applicants whether their applications green-communities. At least 30 percent recycled water (gray water or storm have been accepted or rejected and of the points needed to qualify for the water) for landscape irrigation covering provide appeal rights under 7 CFR part Green Communities program must be 50 percent or more of the property’s site 11, as appropriate. earned under the Energy Efficiency landscaping needs. E. Federal Award Administration section of Green Communities. (vi) Property Management Credentials. Projects may be awarded 1 Information AND point if the designated property • 1. Federal Award Notices Participation in local green/energy management company or individuals efficient building standards. Applicants that will assume maintenance and Applicants must submit their initial who participate in a city, county or operations responsibilities upon applications by the due date specified in municipality program (2 points). The completion of construction work have a this Notice. Once the applications have applicant should be aware of and look Credential for Green Property been scored and ranked by the National for additional requirements that are Management. Credentialing can be Office, the National Office will advise sometimes embedded in the third-party obtained from the National Apartment State Offices of the proposals selected program’s rating and verification Association (NAA), National Affordable for further processing, State Offices will systems. Housing Management Association, The respond to applicants by letter. (iv) Energy Generation. Pre- Institute for Real Estate Management, If the application is not accepted for applications for new construction or U.S. Green Building Council’s further processing, the applicant will be purchase and rehabilitation of non- Leadership in Energy and notified of appeal rights under 7 CFR program multi-family projects which Environmental Design for Operations part 11. participate in the above-mentioned and Maintenance (LEED OM), or 2. Administrative and National Policy programs and receive scoring points for another source with a certifiable installation of on-site renewable energy credentialing program. Credentialing All FLH loans and grants are subject sources. Energy analysis of preliminary must be illustrated in the resume(s) of to the Restrictive-Use Provisions building plans using industry- the property management team and contained in 7 CFR 3560.72(a)(2). recognized simulation software must included with the pre-application. 3. Reporting document the projected total energy The National Office will rank all pre- consumption of all of the building applications nationwide and distribute Borrowers must maintain separate components and building site usage. funds to States in rank order, within financial records for the operation and Projects with an energy analysis of the funding and RA limits. When proposals maintenance of the project and for preliminary or rehabilitation building have an equal score, preference will be tenant services. Tenant services will not plans that propose a 10 percent to 100 given first to Indian tribes as defined in be funded by Rural Development. Funds percent energy generation commitment § 3560.11 and then local non-profit allocated to the operation and (where generation is considered to be organizations or public bodies whose maintenance of the project may not be the total amount of energy needed to be principal purposes include low-income used to supplement the cost of tenant generated on-site to make the building housing that meet the conditions of services, nor may tenant service funds a net-zero consumer of energy) will be § 3560.55(c) and the following be used to supplement the project awarded points as follows: conditions: operation and maintenance. Detailed • 0 to 9 percent commitment to energy • Is exempt from Federal income financial reports regarding tenant generation—0 points taxes under section 501(c)(3) or services will not be required unless • 10 to 20 percent commitment to 501(c)(4) of the Internal Revenue specifically requested by Rural energy generation—1 point Service code; Development, and then only to the • 21 to 40 percent commitment to • Is not wholly or partially owned or extent necessary for Rural Development energy generation—2 points controlled by a for-profit or limited- and the borrower to discuss the • 41 to 60 percent commitment to profit type entity; affordability (and competitiveness) of energy generation—3 points • Whose members, or the entity, do the service provided to the tenant. The • 61 to 80 percent commitment to not share an identity of interest with a project audit, or verification of accounts energy generation—4 points for-profit or limited-profit type entity; on Form RD 3560–10, ‘‘Borrower • 81–100 percent or more commitment • Is not co-venturing with another Balance Sheet,’’ together with an to energy generation—5 points entity; and accompanying Form RD 3560–7,

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‘‘Multiple Family Housing Project DEPARTMENT OF COMMERCE responses to this public comment Budget Utility Allowance,’’ must request containing any routine notice [Docket Number USBC–2018–0011] allocate revenue and expense between about the confidentiality of the project operations and the service Request for Comments on the Cross- communication will be treated as public component. Agency Priority Goal: Leveraging Data comments that may be made available to the public. F. Equal Opportunity and Non- as a Strategic Asset Discrimination Requirements FOR FURTHER INFORMATION CONTACT: AGENCY: Department of Commerce. William Hawk, Economist, U.S. In accordance with Federal civil ACTION: Notice and request for Department of Commerce, whawk@ rights law and U.S. Department of comments. doc.gov or (202) 482–2134. Agriculture (USDA) civil rights SUPPLEMENTARY INFORMATION: regulations and policies, the USDA, its SUMMARY: In March 2018, the Trump Agencies, offices, and employees, and Administration launched the President’s Purpose institutions participating in or Management Agenda (PMA). It lays out The Under Secretary for Economic administering USDA programs are a long-term vision for modernizing the Affairs, performing the nonexclusive prohibited from discriminating based on Federal Government in key areas that duties and functions of the Deputy race, color, national origin, religion, sex, will improve the ability of agencies to Secretary of the U.S. Department of gender identity (including gender deliver mission outcomes, provide Commerce, along with the Federal Chief expression), sexual orientation, excellent service, and effectively Information Officer, the Chief disability, age, marital status, family/ steward taxpayer dollars on behalf of Statistician of the United States, and parental status, income derived from a the American people. The PMA executives from the U.S. Small Business public assistance program. Political established a Cross-Agency Priority Administration and the White House beliefs, or reprisal or retaliation for prior (CAP) goal of Leveraging Data as a Office of Science and Technology civil rights activity, in any program or Strategic Asset with an intended Policy, is charged with developing a activity conducted or funded by USDA purpose of guiding development of a comprehensive Federal Data Strategy (not all bases apply to all programs). comprehensive long-term Federal Data under the PMA CAP goal of Leveraging Remedies and complaint filing Strategy to grow the economy, increase Data as a Strategic Asset. Under this deadlines vary by program or incident. the effectiveness of the Federal goal, the Federal Government should Persons with disabilities who require Government, facilitate oversight, and leverage programmatic, statistical, and alternative means of communication for promote transparency (https:// _ _ mission-support data as a strategic asset program information (e.g., Braille, large www.performance.gov/CAP/CAP goal to grow the economy, increase the print, audiotape, American Sign 2.html). This notice seeks comment on effectiveness of the Federal Language, etc.) should contact the best strategies and processes for Government, facilitate oversight, and responsible Agency or USDA’s TARGET achieving this CAP goal. promote transparency. The Federal Center at (202) 720–2600 (voice and In addition to this request, two Government’s role in collecting and TTY) or contact USDA through the additional future requests for comment disseminating data is rooted in the U.S. Federal Relay Service at (800) 877–8339. in September and December will inform Constitution. Advances in data science Additionally, program information may draft federal data practices and a year- have transformed the production and be made available in languages other 1 action plan. use of data across society, business, and than English. DATES: Comments on this notice must be government. The Federal Government To file a program discrimination received by July 27, 2018. needs a robust, integrated approach to complaint, complete the USDA Program ADDRESSES: Submit comments through creating, acquiring, using, and Discrimination Complaint Form, AD– the Federal eRulemaking Portal. We will disseminating data to deliver on 3027, found online at: http:// not accept comments by fax or paper mission, serve customers, and steward www.ascr.usda.gov/complaint_filing_ delivery. Include the Docket ID and the resources while respecting privacy and cust.html, and at any USDA office or phrase ‘‘Leveraging Data as a Strategic confidentiality. Over the next year, an write a letter addressed to USDA and Asset Phase 1 Comments’’ at the interdisciplinary team from multiple provide in the letter all of the beginning of your comments. Also federal agencies will develop work information requested in the form. To indicate which questions described in products, including principles, request a copy of a complaint form, call, the SUPPLEMENTARY INFORMATION of this practices, and action steps for a unified (866) 632–9992. Submit your completed notice are addressed in your comments. approach to federal data stewardship form or letter to USDA by: • Federal eRulemaking Portal: Go to and use, and will test potential plans as (1) Mail: U.S. Department of www.regulations.gov to submit your part of The Data Incubator Project Agriculture, Office of the Assistant comments electronically under Docket (described below). Stakeholder Secretary for Civil Rights, 1400 ID USBC–2018–0011. Information on engagement is critical to developing a Independence Avenue SW, Washington, using regulations.gov, including data strategy that is viable and DC 20250–9410; instructions for accessing documents, sustainable. This Federal Register (2) Fax: (202) 690–7442; or submitting comments, and viewing the notice is the first of three notices and (3) Email at: program.intake@ docket, is available on the site under requests for comment to seek public usda.gov. ‘‘How to Use This Site.’’ input on the strategy and process. This • USDA is an equal opportunity Privacy Note: Comments and notice seeks comments on a four-part provider, employer, and lender. information submitted in response to strategy to: this notice may be made available to the 1. Manage government data as a Dated: June 21, 2018. public through relevant websites. strategic asset; Joel C. Baxley, Therefore, commenters should only 2. enable the American public, Administrator, Rural Housing Service. include in their comments information businesses, and researchers to [FR Doc. 2018–13761 Filed 6–26–18; 8:45 am] that they wish to make publicly effectively and efficiently access and BILLING CODE 3410–XV–P available on the internet. Note that use data;

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3. improve the use of data for federal formats; (2) maximizing the amount of Leveraging Data as a Strategic Asset: decision-making and accountability, non-sensitive data shared with the Principles for a Comprehensive Federal including for policy-making, public; and (3) leveraging new Data Strategy innovation, oversight, and learning; and technologies and best practices to The following broad principles are 4. facilitate the use of federal data by increase access to sensitive or restricted intended to guide the development of a interested parties to enhance the data while protecting privacy, security, comprehensive data strategy that accessibility and usefulness of that data and confidentiality, and the interests of encompasses the breadth of data the through commercial ventures, or data providers. Federal Government acquires, uses, and innovation, or for additional public uses. 3. Decision-Making and disseminates for program, statistical, Accountability. Which best practices and mission-support purposes. These Request for Comments should the Federal Government principles include concepts reflected in This is a general solicitation of consider to improve the use of data existing principles, such as those for the comments from the public that offers assets for decision-making and protection of personal information, for businesses, academic institutions, non- accountability? Specifically, list best federal statistical agencies, and for profit organizations, government practices for: federal evidence building. The entities, and other interested parties the principles will inform the development • Providing high quality and timely opportunity to offer best practices and of practices and action steps for the information to inform decision-making use cases to support the Federal Data Federal Data Strategy throughout the Strategy. Comments also are sought on and learning; data lifecycle. • draft Principles for a Comprehensive facilitating external research on the Stewardship Federal Data Strategy. Finally, effectiveness of government programs commenters are invited to list and policies which will inform future 1. Exercise Responsibility: Practice additional mechanisms that the Federal policymaking; and effective data stewardship and governance by maintaining modern data Government should use to seek • fostering public accountability and interested parties’ input on the data security practices, protecting individual transparency by providing accurate and privacy, and maintaining promised strategy. It is for information-gathering timely spending information, and fact-finding purposes only, and confidentiality. performance metrics, and other 2. Uphold Ethics: Consider, monitor, should not be construed as a request for administrative data. proposals or as an obligation on the part and assess the implications of federal of the U.S. Department of Commerce or 4. Commercialization, Innovation, and data practices for the public and provide federal agencies to agree with submitted Public Use. Outline best practices that sufficient checks and balances to protect comments or to incorporate the Federal Government should and serve the public interest. recommendations identified in public consider to facilitate the use of Federal 3. Promote Transparency: Articulate comments regarding specific work Government data interested parties to purposes for acquiring, using, and products. enhance the accessibility and usefulness disseminating data and The U.S. Department of Commerce of the data through commercial comprehensively document processes requests that respondents briefly ventures, or innovation, or for and products to inform data users. address the following questions, where additional public uses. Of particular Quality possible and applicable. Respondents interest are examples of how the Federal are encouraged to focus on questions Government can promote data use by 4. Integrate Intentionality: Create, informed by relevant expertise or the private sector and scientific and acquire, use, and disseminate data perspectives. Clearly indicate which research communities, by state and local deliberately and thoughtfully, considering quality, consistency, question(s) you address in your governments for public policy purposes, privacy, value, reuse, and response and any evidence to support for education, and in enabling civic interoperability from the start. assertions, where practicable. engagement. Please include up to four 5. Ensure Relevance: Validate that Best Practices Related to the Four examples of: data are high quality, useful, Pillars of the Federal Data Strategy • How enabling external users to understandable, timely, and needed. 1. Enterprise Data Governance. Briefly access and use government data for 6. Create Value: Coordinate and describe which best practices the commercial or additional public prioritize data needs and uses, harness Federal Government should consider as purposes spurs innovative technological data from multiple sources, and acquire it sets priorities for managing solutions and fills gaps in government new data only when necessary. government data as a strategic asset, capacity and knowledge; and Continuous Improvement including establishing data policies, • how supporting the production and 7. Demonstrate Responsiveness: specifying roles and responsibilities for dissemination of comprehensive, Improve data sharing and access with data privacy, security, and accurate, and objective statistics on the ongoing input from users and other confidentiality protection, and state of the nation helps businesses and stakeholders. monitoring compliance with standards markets operate more efficiently. and policies throughout the information 8. Prioritize Best Practices: Model, lifecycle. Interim Work Products assess, and continuously update best 2. Access, Use, and Augmentation. practices throughout the data lifecycle. List a few best practices that the Federal 5. Principles. The interagency team on 9. Invest in Learning: Promote a Government should consider as it Leveraging Data as a Strategic Asset has culture of continuous and collaborative develops policies and practices to written a draft set of principles for a learning with data and about data. enable interested parties to effectively comprehensive data strategy. Please 10. Practice Accountability: Audit and efficiently access and use data review and provide feedback on their data practices, document and learn from assets by: (1) Making data available clarity, appropriateness, completeness, results, and make changes as needed more quickly and in more useful and potential duplications. based on findings.

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Sources for Development of Above Example Use Case Submissions for Disease Control’s reporting of drug Principles • Economic Development—State and overdose data. European Statistical System Code of local authorities increasingly need Why does the Federal Data Strategy Practice (http://ec.europa.eu/eurostat/ detailed local information about their need Use Cases? economies to make informed decisions. web/quality/european-statistics-code-of- While many high-level civic data practice); Fair Information Practice The US Census Bureau’s Longitudinal Employer-Household Dynamics (LEHD) challenges have been identified— Principles as cited in (https://cep.gov/ archaic data management practices and cep-final-report.html); First Principles program (https://lehd.ces.census.gov/) produces new, cost effective, public-use IT legacy systems, issues with data of Project Management, (http:// sharing and interoperability, and a lack www.maxwideman.com/papers/ information combining federal, state and Census Bureau data on employers of secondary use considerations—the principles/defns.htm); Guiding Federal Government lacks an overall Principles for Evidence-Based and employees under the Local Employment Dynamics (LED) approach to prioritize data Policymaking (https://cep.gov/cep-final- infrastructure improvements that serve report.html); Key Principles of Partnership (https://lehd.ces.census. _ the public. The Federal Data Strategy is Government Information from the gov/state partners/). • National Security—Preventing and seeking priority data use cases to ensure American Library Association, (http:// it is comprehensive and actionable. www.ala.org/advocacy/govinfo/ minimizing adverse effects of cyber- keyprinciples); OMB Statistical attacks is imperative to national security How will the Federal Data Strategy Standards (https://www.whitehouse.gov/ in the 21st century. National Institute of incorporate Use Cases? Standards and Technology’s National omb/information-regulatory-affairs/ These use cases will be identified and statistical-programs-standards/); Vulnerability Database (https:// nvd.nist.gov/) and the Homeland discussed in the Federal Data Strategy, Principles and Practices for a Federal and a select number of ready use cases Statistical Agency, Sixth Edition, Security Systems Engineering and Development Institute’s Common will be assessed more deeply in The (https://www.nap.edu/read/24810/ Data Incubator Project. chapter/1). Vulnerabilities and Exposure (https:// cve.mitre.org/) list enable automation of What is The Data Incubator Project? 6. Call for Use Cases. What Use Cases vulnerability management, security should the Federal Government measurement, and compliance. A select number of Use Cases deemed consider in developing the Federal Data • Education—Students seek colleges ‘‘ripe for testing’’ will be included in Strategy? that give them the best return on their The Data Incubator Project. To be ‘‘ripe Federal Data Strategy: Call for Use investment. The College Scorecard for testing,’’ these Use Cases must Cases (https://collegescorecard.ed.gov/) demonstrate potential for replication, provides up-to-date, comprehensive, scaling, and mission impact. They also To solve the most pressing issues and reliable information about college must have a ready team for further facing the nation, we must leverage data costs, student loan amounts, student exploration and assessment purposes. as a strategic asset. The United States ability to repay loans, and their The Data Incubator Project is not a new Federal Data Strategy seeks to replicate, expected earnings. platform or set of resources, but rather scale, and prioritize key data use cases • Public Safety—Emergency is focused research aimed at identifying to serve the public. responders rely on up-to-date addresses methods for the Federal Data Strategy and for agencies going forward. The What is a Use Case? for timely response. The Federal Geospatial Data Committee (https:// Federal Data Strategy team will seek For the purposes of the Federal Data www.fgdc.gov/topics/national-address- academic, private sector, and NGO Strategy, a ‘‘Use Case’’ is a data practice database) recognizes the need for a free, partnerships to further our learning or method that leverages data to support open, and up-to-date National Address from The Data Incubator Project. an articulable Federal agency mission or Database (NAD) (https:// How can I submit a Use Case? public interest outcome. The Federal www.transportation.gov/nad) to serve Data Strategy is seeking best practices, these critical needs as well as a broad Please submit information about Use missed opportunities, common range of government services such as Cases in response to this RFC by July 27, solutions, and game changers that can mail delivery, permitting, and school 2018. help inform the four strategy areas: siting. Based on a minimum content To ensure complete use case entries, 1. Enterprise Data Governance. What approach, the Department of please provide as much contextual data governance and stewardship Transportation and the US Census information as possible, such as: contact practices should the Federal Bureau’s NAD pilot collected and information for follow-up questions, the Government be employing and why? standardized addresses from 22 state Federal agencies or bureaus related to partners. the relevant data, related reference 2. Use, Access, and Augmentation. • Health—Local communities and materials (including URLs) such as What data interoperability techniques or health professionals reacting to the documentation about the data, practice, coordination tactics would better serve opioid crisis require timely data to or goal of the project, and why this Use agency missions and the public? assess impact and deliver effective Case should be included in Federal Data 3. Decision-making and interventions. The Department of Health Strategy development. Accountability. How can the Federal and Human Services’ 5 Point Strategy to Stakeholder Engagement Government better assist policy-makers Combat the Opioids Crisis includes with data? Point 2, Better Data (https:// 7. What are the best mechanisms for 4. Commercialization, Innovation, and www.hhs.gov/opioids/about-the- engaging stakeholders in the Public Use. What data solutions could epidemic/hhs-response/better-data/ development of the data strategy? What address a pervasive problem in index.html)—supporting more timely, platforms and processes are both government service delivery or the specific public health data and comprehensive and efficient for public sphere? reporting, and accelerating the Center collecting stakeholder feedback on

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interim work products and input on on the basis of established records of DATES: The prospective exclusive next steps? distinguished service in their license may be granted unless NIST professional community and their receives, by July 12, 2018, written Guidance for Submitting Documents knowledge of issues affecting Smart evidence and argument which establish We ask that each respondent include Grid deployment and operations. The that the grant of the license would not the name and address of his or her Committee advises the Director of NIST be consistent with the requirements of institution or affiliation, and the name, in carrying out duties authorized by 35 U.S.C. 209 and 37 CFR 404.7. title, mailing and email addresses, and section 1305 of the Energy ADDRESSES: Information related to this telephone number of a contact person Independence and Security Act of 2007 license may be submitted to NIST, for his or her institution or affiliation, if (Pub. L. 110–140). The Committee Technology Partnerships Office, 100 any. No specific information pertaining provides input to NIST on Smart Grid Bureau Drive, Stop 2200, Gaithersburg, to the respondent is required, other than standards, priorities, and gaps, on the MD 20899, or emailed to that necessary for self-identification, as overall direction, status, and health of [email protected]. a condition of the agency’s full the Smart Grid implementation by the FOR FURTHER INFORMATION CONTACT: consideration of the comment. Smart Grid industry, and on the Donald G. Archer, National Institute of Dated: June 20, 2018. direction of research and standards Standards and Technology, Technology Karen Dunn Kelley, activities. Background information on Partnerships Office, 100 Bureau Drive, Under Secretary for Economic Affairs, the Committee is available at http:// Stop 2200, Gaithersburg, MD 20899, Performing the Nonexclusive Duties and www.nist.gov/smartgrid/. (301) 975–2522, [email protected]. Functions of the Deputy Secretary of The Committee functions solely as an SUPPLEMENTARY INFORMATION: This is a Commerce, Department of Commerce. advisory body and in compliance with notice in accordance with 35 U.S.C. [FR Doc. 2018–13768 Filed 6–26–18; 8:45 am] provisions of the Federal Advisory 209(e) and 37 CFR 404.7(a)(1)(i) that BILLING CODE 3510–07–P Committee Act. Pursuant to section 9(c) NIST is contemplating the grant of an of the Federal Advisory Committee Act, exclusive license in the United States of 5 U.S.C., App., as amended, copies of America, its territories, possessions and DEPARTMENT OF COMMERCE the Committee’s charter were furnished commonwealths, to NIST’s interest in to the Library of Congress and to the the invention embodied in 9,726,553 National Institute of Standards and following committees of Congress: B2, titled ‘‘Optical Temperature Sensor Technology • Senate Committee on Appropriations and Use of Same’’ (NIST Docket 13–006) • Senate Committee on Finance to Fluke Corporation, a subsidiary of Smart Grid Advisory Committee • Senate Committee on Commerce, Fortive, Inc. The grant of the license Charter Renewal Science, and Transportation would be for manufacture of optical • AGENCY: National Institute of Standards House Committee on Appropriations thermometers in all fields. • House Committee on Science, Space, and Technology, Department of The prospective exclusive license will and Technology Commerce. be royalty bearing and will comply with ACTION: Notice of Advisory Committee Kevin A. Kimball, the terms and conditions of 35 U.S.C. charter renewal. Chief of Staff. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless, [FR Doc. 2018–13822 Filed 6–26–18; 8:45 am] SUMMARY: The National Institute of within fifteen (15) days from the date of Standards and Technology (NIST) BILLING CODE 3510–13–P this published Notice, NIST receives hereby gives notice that the Department written evidence and argument which of Commerce Acting Chief Financial DEPARTMENT OF COMMERCE establish that the grant of the license Officer/Assistant Secretary for would not be consistent with the Administration, and Deputy Assistant National Institute of Standards and requirements of 35 U.S.C. 209 and 37 Secretary for Administration has Technology CFR 404.7. The Patent was filed on June determined that charter renewal of the 11, 2014, issued on August 8, 2017, and NIST Smart Grid Advisory Committee Prospective Grant of Exclusive Patent describes an optical resonator (Committee) is necessary and in the License thermometer. public interest. The renewed charter can AGENCY: National Institute of Standards Kevin A. Kimball, be found on the Committee website at and Technology, Department of Chief of Staff. the following URL link: https:// Commerce. www.nist.gov/file/443231. [FR Doc. 2018–13821 Filed 6–26–18; 8:45 am] ACTION: Notice. BILLING CODE 3510–13–P FOR FURTHER INFORMATION CONTACT: Mr. Cuong Nguyen, Smart Grid and Cyber- SUMMARY: The National Institute of Physical Systems Program Office, Standards and Technology (NIST), U.S. DEPARTMENT OF COMMERCE National Institute of Standards and Department of Commerce, is Technology, 100 Bureau Drive, Mail contemplating the grant of an exclusive National Institute of Standards and Stop 8200, Gaithersburg, MD 20899– license in the United States of America, Technology 8200; telephone 301–975–2254, fax its territories, possessions and 301–948–5668; or via email at commonwealths, to NIST’s interest in Judges Panel of the Malcolm Baldrige [email protected]. the invention embodied in U.S. Patent National Quality Award SUPPLEMENTARY INFORMATION: The 9,726,553 B2, titled ‘‘Optical AGENCY: National Institute of Standards Committee was established in Temperature Sensor and Use of Same’’ and Technology, Department of accordance with the Federal Advisory (NIST Docket 13–006) to Fluke Commerce. Committee Act, as amended, 5 U.S.C. Corporation, a subsidiary of Fortive, Inc. ACTION: Notice of closed meeting. App. The Committee is composed of The grant of the license would be for nine to fifteen members, appointed by manufacture of optical thermometers in SUMMARY: The Judges Panel of the the Director of NIST, who were selected all fields. Malcolm Baldrige National Quality

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Award (Judges Panel) will meet in and Deputy Assistant Secretary for applications for the following vessel closed session on Wednesday, August Administration, with the concurrence of permits—Atlantic Tunas, HMS Charter/ 22, 2018, from 9:00 a.m. to 3:30 p.m. the Assistant General Counsel for Headboat, HMS Angling, and Swordfish Eastern time. The purpose of this Employment, Litigation and General Commercial, 35 minutes; One- meeting is to review the results of Information, formally determined on time application for the IMO/LP examiners’ scoring of written March 7, 2018, pursuant to Section number, 30 minutes. applications. Panel members will vote 10(d) of the Federal Advisory Burden Hours: 9,971. on which applicants merit site visits by Committee Act, as amended by Section Needs and Uses: This request is for examiners to verify the accuracy of 5(c) of the Government in the Sunshine the revision and extension of a current quality improvements claimed by Act, Public Law 94–409, that the information collection, which includes applicants. The meeting is closed to the meeting of the Judges Panel may be both vessel and dealer permits. public in order to protect the closed to the public in accordance with Under the provisions of the proprietary data to be examined and 5 U.S.C. 552b(c)(4) because the meeting Magnuson-Stevens Fishery discussed. is likely to disclose trade secrets and Conservation and Management Act (16 U.S.C. 1801 et seq. ), the National DATES: The meeting will be held on commercial or financial information obtained from a person which is Oceanic and Atmospheric Wednesday, August 22, 2018, from 9:00 Administration’s National Marine a.m. to 3:30 p.m. Eastern time. The privileged or confidential and 5 U.S.C. 552b(c)(9)(B) because for a government Fisheries Service (NMFS) is responsible entire meeting will be closed to the for management of the Nation’s marine public. agency the meeting is likely to disclose information that could significantly fisheries. In addition, NMFS must ADDRESSES: The meeting will be held at frustrate implementation of a proposed comply with the United States’ the National Institute of Standards and agency action. The meeting, which obligations under the Atlantic Tunas Technology, 100 Bureau Drive, involves examination of current Convention Act of 1975 (16 U.S.C. 971 Gaithersburg, MD 20899. Malcolm Baldrige National Quality et seq. ). NMFS issues permits to fishing FOR FURTHER INFORMATION CONTACT: Award (Award) applicant data from U.S. vessels and dealers in order to collect Robert Fangmeyer, Director, Baldrige organizations and a discussion of these information necessary to comply with Performance Excellence Program, data as compared to the Award criteria domestic and international obligations, National Institute of Standards and in order to recommend Award secure compliance with regulations, and Technology, 100 Bureau Drive, Mail recipients, will be closed to the public. disseminate necessary information. Stop 1020, Gaithersburg, Maryland Regulations at 50 CFR 635.4 require 20899–1020, telephone number (301) Kevin A. Kimball, that vessels participating in commercial 975–2360, email robert.fangmeyer@ Chief of Staff. and recreational fisheries for Atlantic nist.gov. [FR Doc. 2018–13820 Filed 6–26–18; 8:45 am] highly migratory species (HMS) and BILLING CODE 3510–13–P dealers purchasing Atlantic HMS from a SUPPLEMENTARY INFORMATION: vessel obtain a Federal permit issued by Authority: 15 U.S.C. 3711a(d)(1) and the NMFS. This action addresses the Federal Advisory Committee Act, as DEPARTMENT OF COMMERCE renewal of permit applications currently amended, 5 U.S.C. App. approved under PRA 0648–0327, Pursuant to the Federal Advisory National Oceanic and Atmospheric including both vessel and Atlantic Committee Act, as amended, 5 U.S.C. Administration Tunas Dealer permits. Vessel permits App., notice is hereby given that the include Atlantic Tunas (except Longline Judges Panel of the Malcolm Baldrige Submission for OMB Review; permits, which are approved under National Quality Award will meet on Comment Request OMB Control No. 0648–0205), HMS Wednesday, August 22, 2018, from 9:00 The Department of Commerce will Charter/Headboat, HMS Angling, and a.m. to 3:30 p.m. Eastern time. The submit to the Office of Management and Swordfish General Commercial permits. Judges Panel is composed of twelve Budget (OMB) for clearance the This action also includes the one-time members, appointed by the Secretary of following proposal for collection of requirement for commercial vessels Commerce, with a balanced information under the provisions of the greater than 20 meters in length to representation from U.S. service, Paperwork Reduction Act (44 U.S.C. obtain a International Maritime manufacturing, nonprofit, education, Chapter 35). Organization/Lloyd’s Registry (IMO/LR) and health care industries. Members are Agency: National Oceanic and number. selected for their familiarity with Atmospheric Administration (NOAA). The primary reason for the revision of quality improvement operations and Title: Atlantic Highly Migratory this information collection is to reflect competitiveness issues of manufacturing Species Permit Family of Forms. that HMS International Trade Permits companies, service companies, small OMB Control Number: 0648–0327. have been removed from this collection businesses, nonprofits, health care Form Number(s): None. as they were discontinued in 2016, and providers, and educational institutions. Type of Request: Regular (revision replaced with the International Fishing The purpose of this meeting is to review and extension of a currently approved Trade Permit (IFTP). The IFTP is the results of examiners’ scoring of information collection). covered under OMB Control No. 0648– written applications. Panel members Number of Respondents: 37,105. 0732. Thus, the burden and costs will vote on which applicants merit site Average Hours per Response: Renewal associated with renewal and issuance of visits by examiners to verify the of Atlantic Tunas Dealer Permit an initial HMS ITP are no longer accuracy of quality improvements application, 5 minutes; renewal applicable to this collection of claimed by applicants. The meeting is applications for the following vessel information. closed to the public in order to protect permits—Atlantic Tunas, HMS Charter/ Affected Public: Business or other for- the proprietary data to be examined and Headboat, HMS Angling, and Swordfish profit organizations; individuals or discussed. General Commercial, 10 minutes; initial households. The Acting Chief Financial Officer/ Atlantic Tunas Dealer Permit Frequency: Annually and on occasion. Assistant Secretary for Administration application, 15 minutes; initial Respondent’s Obligation: Mandatory.

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This information collection request (843) 740–1143, or via email to ACTION: Notice of public meeting. may be viewed at reginfo.gov. Follow [email protected]. Copies of the the instructions to view Department of previous evaluation findings and 2016– SUMMARY: The National Oceanic and Commerce collections currently under 2020 Assessment and Strategy may be Atmospheric Administration (NOAA), review by OMB. viewed and downloaded on the internet Office for Coastal Management will hold Written comments and at http://coast.noaa.gov/czm/ a public meeting to solicit comments for recommendations for the proposed evaluations. A copy of the evaluation the performance evaluation of the Old information collection should be sent notification letter and most recent Woman Creek National Estuarine within 30 days of publication of this progress report may be obtained upon Research Reserve. notice to OIRA_Submission@ request by contacting the person DATES: Old Woman Creek National omb.eop.gov or fax to (202) 395–5806. identified under FOR FURTHER Estuarine Research Reserve Evaluation: The public meeting will be held on Dated: June 22, 2018. INFORMATION CONTACT. SUPPLEMENTARY INFORMATION: Section Wednesday, August 8, 2018, and written Sarah Brabson, comments must be received on or before NOAA PRA Clearance Officer. 312 of the Coastal Zone Management Act (CZMA) requires NOAA to conduct Friday, August 17, 2018. [FR Doc. 2018–13807 Filed 6–26–18; 8:45 am] periodic evaluations of federally For the specific date, time, and BILLING CODE 3510–22–P approved state and territorial coastal location of the public meetings, see programs. The process includes one or SUPPLEMENTARY INFORMATION. ADDRESSES: You may submit comments DEPARTMENT OF COMMERCE more public meetings, consideration of written public comments, and on the reserve by any of the following National Oceanic and Atmospheric consultations with interested Federal, methods: Administration state, and local agencies and members of Public Meeting and Oral Comments: the public. During the evaluation, A public meeting will be held in Evaluation of State Coastal NOAA will consider the extent to which Vermillion, Ohio for the Old Woman Management Programs the state has met the national objectives, Creek Reserve. For the specific location, adhered to the management program see SUPPLEMENTARY INFORMATION. AGENCY: Office for Coastal Management approved by the Secretary of Commerce, Written Comments: Please direct (OCM), National Ocean Service (NOS), and adhered to the terms of financial written comments to Ralph Cantral, National Oceanic and Atmospheric assistance under the CZMA. When the Senior Advisor, NOAA Office for Administration (NOAA), Department of evaluation is completed, NOAA’s Office Coastal Management, 2234 South Commerce (DOC). for Coastal Management will place a Hobson Avenue, Charleston, South ACTION: Notice. notice in the Federal Register Carolina 29405–2413, or via email to announcing the availability of the Final [email protected]. SUMMARY: The National Oceanic and Evaluation Findings. FOR FURTHER INFORMATION CONTACT: Atmospheric Administration (NOAA), You may participate or submit oral Ralph Cantral, Senior Advisor, Policy, Office for Coastal Management will hold comments at the public meeting NOAA Office for Coastal Management, a public meeting to solicit comments on scheduled as follows: 2234 South Hobson Avenue, Charleston, the performance evaluation of the Date: August 29, 2018. South Carolina 29405–2413, by phone at Hawaii Coastal Management Program. Time: 6:00 p.m., local time. (843) 740–1143, or via email to DATES: Hawaii Coastal Management Location: Hawaii State Capital [email protected]. Copies of the Program Evaluation: The public meeting Auditorium, 415 Beretania Street, previous evaluation findings, will be held on August 29, 2018, and Honolulu, Hawaii 96813. Management Plan, and Site Profile may written comments must be received on Written public comments must be be viewed and downloaded on the or before September 7, 2018. received on or before September 7, internet at http://coast.noaa.gov/czm/ For specific dates, times, and 2018. evaluations. A copy of the evaluation locations of the public meetings, see Dated: June 14, 2018. notification letter and most recent SUPPLEMENTARY INFORMATION. Keelin Kuipers, performance report may be obtained ADDRESSES: You may submit comments Acting Deputy Director, Office for Coastal upon request by contacting the person on the program or reserve NOAA Management, National Ocean Service, identified under FOR FURTHER intends to evaluate by any of the National Oceanic and Atmospheric INFORMATION CONTACT. following methods: Administration. SUPPLEMENTARY INFORMATION: Sections Public Meeting and Oral Comments: [FR Doc. 2018–13774 Filed 6–26–18; 8:45 am] 312 and 315 of the Coastal Zone A public meeting will be held in BILLING CODE 3510–08–P Management Act (CZMA) require Honolulu, Hawaii. For the specific NOAA to conduct periodic evaluations location, see SUPPLEMENTARY of federally-approved National INFORMATION. DEPARTMENT OF COMMERCE Estuarine Research Reserves. The Written Comments: Please direct process includes a public meeting, written comments to Ralph Cantral, National Oceanic and Atmospheric consideration of written public Senior Advisor, NOAA Office for Administration comments, and consultations with Coastal Management, 2234 South Evaluation of Old Woman Creek interested Federal, state, and local Hobson Avenue, Charleston, South agencies and members of the public. For Carolina 29405–2413, or via email to National Estuarine Research Reserve; Public Meeting the evaluation of National Estuarine [email protected]. Research Reserves, NOAA will consider FOR FURTHER INFORMATION CONTACT: AGENCY: Office for Coastal Management the extent to which the state has met the Ralph Cantral, Senior Advisor, Policy, (OCM), National Ocean Service (NOS), national objectives, adhered to its NOAA Office for Coastal Management, National Oceanic and Atmospheric management plan approved by the 2234 South Hobson Avenue, Charleston, Administration (NOAA), Department of Secretary of Commerce, and adhered to South Carolina 29405–2413, by phone at Commerce (DOC). the terms of financial assistance under

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the Coastal Zone Management Act. Management, 2234 South Hobson DEPARTMENT OF COMMERCE When the evaluation is completed, Avenue, Charleston, South Carolina NOAA’s Office for Coastal Management 29405–2413, or via email to National Oceanic and Atmospheric will place a notice in the Federal [email protected]. Administration Register announcing the availability of the Final Evaluation Findings. FOR FURTHER INFORMATION CONTACT: Pam Submission for OMB Review; You may participate and submit oral Kylstra, Evaluator, NOAA Office for Comment Request comments at the public meeting Coastal Management, 2234 South Hobson Avenue, Charleston, South The Department of Commerce will scheduled as follows: submit to the Office of Management and Date: Wednesday, August 8, 2018. Carolina 29405–2413, by phone at (843) Budget (OMB) for clearance the Time: 5:00 p.m., local time. 740–1259, or via email to Pam.Kylstra@ following proposal for collection of Location: Ritter Public Library noaa.gov. Copies of the previous information under the provisions of the Community Room, 5680 Liberty evaluation findings, Management Plan, Avenue, Vermillion, Ohio 44089. Paperwork Reduction Act (44 U.S.C. and Site Profile may be viewed and Chapter 35). Written comments must be received downloaded on the internet at http:// on or before August 8, 2018. Agency: National Oceanic and coast.noaa.gov/czm/evaluations. A copy Atmospheric Administration (NOAA). Dated: June 7, 2018. of the evaluation notification letter and Title: Recreational Angler Survey of Keelin Kuipers, most recent performance report may be Sea Turtle Interactions. Acting Deputy Director, Office for Coastal obtained upon request by contacting the OMB Control Number: 0648–xxxx. Management, National Ocean Service, person identified under FOR FURTHER Form Number(s): None. National Oceanic and Atmospheric INFORMATION CONTACT. Administration. Type of Request: Regular (request for a new information collection). [FR Doc. 2018–13772 Filed 6–26–18; 8:45 am] SUPPLEMENTARY INFORMATION: Sections Number of Respondents: 12,300. BILLING CODE 3510–08–P 312 and 315 of the Coastal Zone Management Act (CZMA) require Average Hours per Response: 5 NOAA to conduct periodic evaluations minutes each for angler intercept DEPARTMENT OF COMMERCE of federally-approved National interviews and sea turtle incidental take Estuarine Research Reserves. The capture forms. National Oceanic and Atmospheric process includes a public meeting, Burden Hours: 1,025. Administration consideration of written public Needs and Uses: This request is for a comments, and consultations with new information collection. Evaluation of Sapelo Island National interested Federal, state, and local NOAA NMFS would like to conduct Estuarine Research Reserve; Public an intercept survey to assess the extent Meeting agencies and members of the public. For the evaluation of National Estuarine of interactions between recreational AGENCY: Office for Coastal Management Research Reserves, NOAA will consider anglers on piers and other shore-based (OCM), National Ocean Service (NOS), the extent to which the state has met the fishing structures, and sea turtles. This National Oceanic and Atmospheric national objectives, adhered to its survey will also assess the feasibility of Administration (NOAA), Department of management plan approved by the an intercept survey for this purpose in terms response rates and data collection. Commerce (DOC). Secretary of Commerce, and adhered to The survey will be administered on ACTION: Notice of public meeting. the terms of financial assistance under piers and other fixed structures the Coastal Zone Management Act. SUMMARY: The National Oceanic and nationwide, but focused within NOAA When the evaluation is completed, Atmospheric Administration (NOAA), Fisheries Greater Atlantic Region and Office for Coastal Management will hold NOAA’s Office for Coastal Management Southeast Region, and will survey a public meeting to solicit comments for will place a notice in the Federal approximately 36,000 individual the performance evaluation of the Register announcing the availability of recreational fishermen. The respondents Sapelo Island National Estuarine the Final Evaluation Findings. will be verbally asked a series of Research Reserve. You may participate and submit oral questions, no longer than 5 minutes, DATES: Sapelo Island National Estuarine comments at the public meeting and the interviewer will record answers. Research Reserve Evaluation: The scheduled as follows: Members of the Sea Turtle Stranding and Salvage Network will also complete public meeting will be held on Tuesday, Date: Tuesday, August 21, 2018. August 21, 2018, and written comments sea turtle incidental take capture forms must be received on or before Friday, Time: 6:30 p.m., local time. when applicable. August 31, 2018. Location: Sapelo Island Visitors Affected Public: Individuals or For the specific date, time, and Center, 1766 Landing Road, Darien, GA households. location of the public meetings, see 31305. Frequency: One time. SUPPLEMENTARY INFORMATION. Written comments must be received Respondent’s Obligation: Voluntary. ADDRESSES: You may submit comments on or before August 31, 2018. This information collection request on the reserve by any of the following may be viewed at reginfo.gov. Follow methods: Dated: June 7, 2018. the instructions to view Department of Public Meeting and Oral Comments: Keelin Kuipers, Commerce collections currently under A public meeting will be held in Darien, Acting Deputy Director, Office for Coastal review by OMB. Georgia for the Sapelo Island Reserve. Management, National Ocean Service, Written comments and For the specific location, see National Oceanic and Atmospheric recommendations for the proposed SUPPLEMENTARY INFORMATION. Administration. information collection should be sent Written Comments: Please direct [FR Doc. 2018–13773 Filed 6–26–18; 8:45 am] within 30 days of publication of this written comments to Pam Kylstra, BILLING CODE 3510–08–P notice to OIRA_Submission@ Evaluator, NOAA Office for Coastal omb.eop.gov or fax to (202) 395–5806.

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Dated: June 22, 2018. fixed gear endorsement. These 169 charter fishing businesses, shore side Sarah Brabson, vessels landed $46.5 million of fish on industries, and fishing communities. In NOAA PRA Clearance Officer. the West Coast, including $25.3 million particular, these economic data [FR Doc. 2018–13808 Filed 6–26–18; 8:45 am] of groundfish (including $22.5 million collection programs contribute to legally BILLING CODE 3510–22–P of sablefish) and $16.6 million of crab. mandated analyses required under the Affected Public: Business or other for- Magnuson-Stevens Fishery profit organizations. Conservation and Management Act DEPARTMENT OF COMMERCE Frequency: On occasion. (MFCMS), the National Environmental Respondent’s Obligation: Voluntary. Policy Act (NEPA), the Regulatory National Oceanic and Atmospheric This information collection request Flexibility Act (RFA), and Executive Administration may be viewed at reginfo.gov. Follow Order 12866 (E.O. 12866). the instructions to view Department of Affected Public: Business or other for- Submission for OMB Review; Commerce collections currently under profit organizations. Comment Request review by OMB. Frequency: On occasion. Written comments and The Department of Commerce will Respondent’s Obligation: Voluntary. recommendations for the proposed submit to the Office of Management and This information collection request information collection should be sent Budget (OMB) for clearance the may be viewed at reginfo.gov. Follow within 30 days of publication of this following proposal for collection of the instructions to view Department of notice to OIRA_Submission@ information under the provisions of the Commerce collections currently under omb.eop.gov or fax to (202) 395–5806. Paperwork Reduction Act (44 U.S.C. review by OMB. Chapter 35). Dated: June 22, 2018. Written comments and Agency: National Oceanic and Sarah Brabson, recommendations for the proposed Atmospheric Administration (NOAA). NOAA PRA Clearance Officer. information collection should be sent within 30 days of publication of this Title: West Coast Limited Entry [FR Doc. 2018–13809 Filed 6–26–18; 8:45 am] Groundfish Fixed Gear Economic Data notice to BILLING CODE 3510–22–P _ Collection. OIRA [email protected] or fax OMB Control Number: 0648–xxxx. to (202) 395–5806. Form Number(s): None. DEPARTMENT OF COMMERCE Dated: June 22, 2018. Type of Request: Regular (request for Sarah Brabson, a new information collection). National Oceanic and Atmospheric NOAA PRA Clearance Officer. Administration Number of Respondents: 320. [FR Doc. 2018–13810 Filed 6–26–18; 8:45 am] Average Hours per Response: Initial BILLING CODE 3510–22–P telephone screen, 2 minutes; follow-up Submission for OMB Review; detailed survey, 22 minutes. Comment Request Burden Hours: 64. The Department of Commerce will DEPARTMENT OF COMMERCE Needs and Uses: This is a request for submit to the Office of Management and a new information collection. Budget (OMB) for clearance the National Oceanic and Atmospheric The Northwest Fisheries Science following proposal for collection of Administration Center is conducting a cost and earnings information under the provisions of the RIN 0648–XG291 survey of active vessels operating with Paperwork Reduction Act (44 U.S.C. a limited entry groundfish permit that Chapter 35). Takes of Marine Mammals Incidental to has a fixed gear (longline and/or pot) AGENCY: National Oceanic and Specified Activities; Taking Marine endorsement. Commercial fisheries Atmospheric Administration (NOAA). Mammals Incidental to Pile Driving economic data collections implemented Title: Washington and Oregon Charter Activities for the Restoration of Pier by the Northwest Fisheries Science Vessel Survey. 62, Seattle Waterfront, Elliott Bay Center (NWFSC) have contributed to OMB Control Number: 0648–xxxx. legally mandated analyses required Form Number(s): None. AGENCY: National Marine Fisheries under the Magnuson-Stevens Fishery Type of Request: Regular (request for Service (NMFS), National Oceanic and Conservation and Management Act a new information collection). Atmospheric Administration (NOAA), (MFCMS), the National Environmental Number of Respondents: 320. Commerce. Policy Act (NEPA), the Regulatory Average Hours per Response: Initial ACTION: Notice; proposed incidental Flexibility Act (RFA), and Executive telephone screen: 2 minutes; follow-up harassment authorization; request for Order 12866 (E.O. 12866). detailed survey: 22 minutes. comments. Surveys implemented by the NWFSC Burden Hours: 64. since 2005 have covered West Coast Needs and Uses: This request is for a SUMMARY: NMFS has received a request harvesters, processors, and coastal new information collection. from the Seattle Department of communities. These surveys have The Northwest Fisheries Science Transportation (Seattle DOT) for focused on the federally managed Center will conduct a cost and earnings authorization to take marine mammals groundfish and salmon fisheries as well survey of active marine charter fishing incidental to pile driving activities for as the closely related crab and shrimp vessel companies in Washington and the restoration of Pier 62, Seattle fisheries. This document describes a Oregon. The data collected will be used Waterfront, Elliott Bay in Seattle, data collection covering catcher vessels by the National Marine Fisheries Washington (Season 2). Pursuant to the operate with a limited entry groundfish Service (NMFS) to address statutory and Marine Mammal Protection Act permit that has a fixed gear (longline regulatory mandates to determine the (MMPA), NMFS is requesting comments and/or pot) endorsement. During 2012 quantity and distribution of net benefits on its proposal to issue an incidental there were 169 vessels active on the derived from living marine resources as harassment authorization (IHA) to West Coast that held a federal well as to predict the economic impacts incidentally take marine mammals groundfish limited entry permit with a from proposed management options on during the specified activities. NMFS

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will consider public comments prior to limited to harassment, a notice of a Summary of Request making any final decision on the proposed authorization is provided to On January 27, 2018, NMFS received issuance of the requested MMPA the public for review. a request from the Seattle DOT for a authorization and agency responses will An authorization for incidental second IHA to take marine mammals be summarized in the final notice of our takings shall be granted if NMFS finds incidental to pile driving activities for decision. that the taking will have a negligible the restoration of Pier 62, Seattle DATES: Comments and information must impact on the species or stock(s), will Waterfront, Elliott Bay in Seattle, be received no later than July 27, 2018. not have an unmitigable adverse impact Washington. A revised request was ADDRESSES: Comments should be on the availability of the species or submitted on May 18, 2018 which was addressed to Jolie Harrison, Chief, stock(s) for subsistence uses (where deemed adequate and complete. Seattle Permits and Conservation Division, relevant), and if the permissible DOT’s request is for take of 12 species Office of Protected Resources, National methods of taking and requirements of marine mammals, by Level B Marine Fisheries Service. Physical pertaining to the mitigation, monitoring harassment and Level A harassment comments should be sent to 1315 East- and reporting of such takings are set (three species only). Neither Seattle West Highway, Silver Spring, MD 20910 forth. DOT nor NMFS expects serious injury NMFS has defined ‘‘negligible and electronic comments should be sent or mortality to result from this activity impact’’ in 50 CFR 216.103 as an impact to [email protected]. and, therefore, an IHA is appropriate. Instructions: NMFS is not responsible resulting from the specified activity that NMFS previously issued an IHA to for comments sent by any other method, cannot be reasonably expected to, and is Seattle DOT for related work for Season to any other address or individual, or not reasonably likely to, adversely affect 1 of this activity (82 FR 47176; October received after the end of the comment the species or stock through effects on 11, 2017). Seattle DOT complied with period. Comments received annual rates of recruitment or survival. all the requirements (e.g., mitigation, The MMPA states that the term ‘‘take’’ electronically, including all monitoring, and reporting) of the means to harass, hunt, capture, or kill, attachments, must not exceed a 25- previous IHA and information regarding or attempt to harass, hunt, capture, or megabyte file size. Attachments to their monitoring results may be found in electronic comments will be accepted in kill any marine mammal. Except with respect to certain the Description of Marine Mammals in Microsoft Word or Excel or Adobe PDF activities not pertinent here, the MMPA the Area of Specified Activities and file formats only. All comments defines ‘‘harassment’’ as: Any act of Estimated Take sections. received are a part of the public record This proposed IHA would cover the pursuit, torment, or annoyance which (i) and will generally be posted online second season of work for the Pier 62 has the potential to injure a marine https://www.fisheries.noaa.gov/ Project for which Seattle DOT obtained mammal or marine mammal stock in the national/marine-mammal-protection/ a prior IHA (82 FR 47176; October 11, wild (Level A harassment); or (ii) has incidental-take-authorizations- 2017) and intends to request take the potential to disturb a marine construction-activities without change. authorization for subsequent facets of mammal or marine mammal stock in the All personal identifying information the project. The second season of the wild by causing disruption of behavioral (e.g., name, address) voluntarily larger project is expected to primarily patterns, including, but not limited to, submitted by the commenter may be involve the remaining pile driving for migration, breathing, nursing, breeding, publicly accessible. Do not submit Pier 62 and Pier 63. If the Seattle DOT feeding, or sheltering (Level B confidential business information or encounters delays due to poor weather harassment). otherwise sensitive or protected conditions, difficult pile driving, or information. National Environmental Policy Act other unanticipated challenges, an FOR FURTHER INFORMATION CONTACT: To comply with the National additional in-water work season may be Stephanie Egger, Office of Protected Environmental Policy Act of 1969 necessary. If so, a separate IHA would Resources, NMFS, (301) 427–8401. (NEPA; 42 U.S.C. 4321 et seq.) and be prepared for the third season of work. Electronic copies of the applications NOAA Administrative Order (NAO) Description of Specified Activities and supporting documents, as well as a 216–6A, NMFS must review our list of the references cited in this proposed action (i.e., the issuance of an Overview document, may be obtained online at. incidental harassment authorization) The proposed project will replace Pier https://www.fisheries.noaa.gov/ with respect to potential impacts on the 62 and make limited modifications to national/marine-mammal-protection/ human environment. Pier 63 on the Seattle waterfront of incidental-take-authorizations- This action is consistent with Elliott Bay, Seattle, Washington. The construction-activities. In case of categories of activities identified in existing piers are constructed of problems accessing these documents, Categorical Exclusion B4 (incidental creosote-treated timber piles and treated please call the contact listed above. harassment authorizations with no timber decking, which are failing. The SUPPLEMENTARY INFORMATION: anticipated serious injury or mortality) proposed project would demolish and of the Companion Manual for NOAA remove the existing timber piles and Background Administrative Order 216–6A, which do decking of Pier 62, and replace them Sections 101(a)(5)(A) and (D) of the not individually or cumulatively have with concrete deck planks, concrete pile MMPA (16 U.S.C. 1361 et seq.) direct the potential for significant impacts on caps, and steel piling. The majority of the Secretary of Commerce (as delegated the quality of the human environment the timber pile removal required by the to NMFS) to allow, upon request, the and for which we have not identified project occurred during the 2017–2018 incidental, but not intentional, taking of any extraordinary circumstances that in-water work season (Season 1). small numbers of marine mammals by would preclude this categorical The footprint of Pier 62 will remain U.S. citizens who engage in a specified exclusion. Accordingly, NMFS has as it currently is, with a small amount activity (other than commercial fishing) preliminarily determined that the of additional over-water coverage within a specified geographical region if issuance of the proposed IHA qualifies (approximately 3,200 square feet) certain findings are made and either to be categorically excluded from created by a new float system added to regulations are issued or, if the taking is further NEPA review. the south side of Pier 62. This float

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system is intended for moorage of pile installation. Therefore, the total Detailed Description of the Specific transient, small-boat traffic, and will not number of working days for the project Activity be designed to accommodate mooring or is 127. It is expected that many of the berthing for larger vessels. This includes pile installation days will involve both During Season 1, Pier 62 was fully removing 815 timber piles, and will a vibratory and an impact hammer, removed, including all support piles, require installation of 180 steel piles for resulting in fewer cumulative days of structural components, and decking. Pier 62. To offset the additional over- pile installation. It is anticipated that The 3,700-square-foot portion of Pier 63 water coverage associated with the new the contractor will complete the pile was also removed. A total of 831 piles float system, approximately 3,700 installation during the 2018–2019 in- were removed from Pier 62 and Pier 63 square feet of Pier 63 will be removed. water work window. In-water work may (see Table 1 below). Timber pile This includes removing 65 timber piles, occur within a modified or shortened removal work in Season 2 (2018–2019 and will require installation of nine work window (September through in-water work window) may occur for steel piles to provide structural support February) to reduce or minimize effect an estimated 10 days (49 remaining for the remaining portion of Pier 63. on juvenile salmonids. timber piles, if the contractor Dates and Duration Specific Geographic Region encounters deteriorated piles that pose In-water construction for this Pier 62 and Pier 63 are located on the a safety hazard or are within the area application is proposed from August 1, downtown Seattle waterfront on Elliot where grated decking or habitat 2018 to February 28, 2019. Pile removal Bay in King County, Washington just improvements are to be installed. and installation will occur during north of the Seattle Aquarium (see Seattle DOT estimates 10 days will be daylight hours, typically during a work Figure 1 from the Seattle DOT needed to remove the old timber piles, shift of eight hours or less. Timber pile application). The project will occur 53 days for vibratory installation of steel removal for the remaining piles of the between Pike Street and Lenora Street, piles, and 64 days for impact Pier 62 Project is estimated to occur on an urban embayment in central Puget installation of steel piles for a total of 10 days during the 2018–2019 in-water Sound. This is an important industrial 127 in-water construction days for both work window. Pile installation will region and home to the Port of Seattle, Pier 62 and Pier 63 (see Table 1 below). occur via vibratory and impact which ranked 8th in the top 10 Seattle DOT expects most days for hammers. Vibratory hammer use is metropolitan port complexes in the U.S. vibratory and impact installation of steel estimated to occur on up to 53 days, and in 2015. This area includes the piles will overlap, for a total of fewer impact hammer use may occur on up to proposed construction zone, Elliott Bay, than 127 days. 64 days, for a total of up to 117 days of and a portion of Puget Sound. TABLE 3—PILE INSTALLATION AND REMOVAL PLAN

Actual Number Completed duration Remaining Anticipated Hours Hammer Single Additive Activity Pile type of piles during season 1 work duration per day type source source sound season 1 (days) season 2 season 2 sound levels levels

2 Remove .. Creosote-treated 880 831 piles re- 19 49 timber piles 10 days ...... 8 Vibratory ..... 161 dBRMS ...... timber, 14-inch 1. moved. 3 4 Steel template pile, 2 ...... 2 ...... Daily ...... Vibratory ..... 177 dBRMS ...... 24-inch. 6 7 Install ...... Steel pile, 30-inch 189 2 steel sheet 1 189 steel piles 53 days ...... 8 Vibratory ..... 177 dBRMS 180 dBRMS 8 9 10 piles in- 64 days .... 8 Impact ...... 189 dBRMS 189 dBRMS stalled. 3 4 Steel template pile, 2 ...... 2 ...... Daily ...... Vibratory ..... 177 dBRMS ...... 24-inch. Notes: 1. Assumed to be 14-inch diameter. 2. Hydroacoustic monitoring during Pier 62 Season 1 showed unweighted RMS ranging from 140 dB to 169 dB, the 75th percentile of these values is 161 dBRMS and was used to calculate thresholds. 3. The two template piles will be installed and removed daily. The time associated with this activity is included in the overall 8-hour pile driving day associated with installation of the 30-inch steel piles. 4. Assumed to be no greater than vibratory installation of the 30-inch steel pile. 6. Source sound from Port Townsend Test Pile Project (WSDOT 2010). 7. For simultaneous operation of two vibratory hammers installing steel pipe piles, the 180 dBRMS value is based on identical single-source levels, adding three dB based on WSDOT rules for decibel addition (2018). 8. Approximately 20 percent of the pile driving effort is anticipated to require an impact hammer, which results in approximately 11 cumulative days of impact ham- mer activity. However, the impact hammer activity is sporadic, often occurring for short periods each day. A total of 64 days represents the number of days in which pile installation with an impact hammer could occur, with the anticipation that each day’s impact hammer activity would be short. 9. Source level from Colman Dock Test Pile Project (WSDOT 2016). 10. For simultaneous operation of one impact hammer and one vibratory hammer installing 30-inch piles, the original dBRMS estimates differ by more than 10 dB, so the higher value, 189 dBRMS, is used based on WSDOT rules for decibel addition (2018). RMS—root mean square: The square root of the energy divided by the impulse duration. This level is the mean square pressure level of the pulse. It has been used by NMFS to describe disturbance-related effects (i.e., harassment) to marine mammals from underwater impulse-type noises. WSDOT—Washington State Department of Transportation.

Approximately 20 percent of the pile the anticipation that each day’s impact and installation activities are described driving effort is anticipated to require an hammer activity would be short. in Table 1. impact hammer. However, the impact The 14-inch (in) timber piles will be An impact hammer will be used for hammer activity is sporadic, often removed with a vibratory hammer or proofing steel piles or when occurring for short periods each day. A pulled with a clamshell bucket. The 30- encountering obstructions or difficult total of 64 days represents the number in steel piles will be installed with a ground conditions. In addition, a pile of days in which pile installation with vibratory hammer to the extent possible. template will be installed to ensure the an impact hammer could occur, with The maximum extent of pile removal piles are placed properly. The template,

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which consists of two temporary 24- TABLE 2—MULTIPLE SOURCE DECIBEL If the Seattle DOT encounters delays inch pipe piles connected by a ADDITION—Continued due to poor weather conditions, difficult structural steel frame, is both installed pile driving, or other unanticipated and removed with a vibratory hammer; When two decibel Add the following to challenges, an additional in-water work the contractor positions the template, the higher decibel season may be necessary. If so, a values differ by: value: installs a set of piles, then moves the separate IHA would be prepared for the template to a new area. Template piles 2–3 dB ...... 2 dB third season of work. In-water work will typically do not need to be installed as 4–9 dB ...... 1 dB occur within the designated work deep as the structural piles; the >10 dB or more ...... 0 dB window (August through February). necessary embedment will vary depending on the substrate conditions. The Seattle DOT anticipates proofing Description of Marine Mammals in the The Seattle DOT anticipates moving the 10 piles, spread over the different Area of Specified Activities template daily, but this will not increase geological zones and construction zones The marine mammal species under the total number of vibratory pile of the pier foundation. For this proofing driving days. The contractor may elect effort, one impact crane would be NMFS’s jurisdiction that have the to operate multiple pile crews for the mobilized. In addition to proofing, if a potential to occur in the construction Pier 62 Project. As a result, more than pile reaches refusal (i.e., can be driven area include Pacific harbor seal (Phoca one vibratory or impact hammer may be no farther) with a vibratory hammer, an vitulina), northern elephant seal active at the same time. The Seattle DOT impact hammer would be used to drive (Mirounga angustirostris), California sea will not operate more than two vibratory the pile to the required depth or lion (Zalophus californianus), Steller hammers concurrently. For the Pier 62 embedment. It is not possible to sea lion (Eumetopias jubatus), harbor Project, there is a low likelihood that anticipate which piles will need to be porpoise (Phocoena phocoena), Dall’s multiple impact hammers would driven with an impact hammer. porpoise (Phocoenoides dalli), long- operate in a manner that piles would be It is not possible to know in advance beaked common dolphin (Delphinus struck simultaneously; however, as a the location of the crews and hammers delphis), common bottlenose dolphin conservative approach we used on a given day, nor how many crews (Tursiops truncatus), both southern multiple-source decibel rule when will be working each day. The multiple- resident and transient killer whales determining the Level A and B source decibel addition method does (Orcinus orca), humpback whale not result in significant increases in the harassment zones for this project. Table (Megaptera novaengliae), gray whale noise source when an impact hammer 2 provides guidance on adding decibels (Eschrichtius robustus), and minke and vibratory hammer are working at to account for multiple sources (WSDOT whale (Balaenoptera acutorostrata) 2015a): the same time, because the difference in noise sources is greater than 10 dB. For (Table 3). Of these, the southern periods when two vibratory hammers resident killer whale (SRKW) and TABLE 2—MULTIPLE SOURCE DECIBEL are operating simultaneously, an humpback whale are protected under ADDITION increase in noise level could be the Endangered Species Act (ESA). generated, and this will be accounted Pertinent information for each of these Add the following to species is presented in this document to When two decibel the higher decibel for when determining Level A values differ by: value: Harassment Zones (PTS isopleths) and provide the necessary background to Level B Harassment Zones for all marine understand their demographics and 0–1 dB ...... 3 dB mammal hearing groups. distribution in the area. TABLE 3—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN REGION OF ACTIVITY

ESA/ MMPA Stock abundance Common name Scientific name Stock status; (CV, N , most recent PBR Annual min M/SI 3 strategic abundance survey) 2 (Y/N) 1

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae: Gray whale ...... Eschrichtius robustus ...... Eastern North Pacific ...... -; N 20,990 (0.05; 20,125; 624 132 2011). Family Balaenidae: Humpback whale ...... Megaptera novaeangliae California/Oregon/Washington .. E; D 1,918 (0.03; 1,876; 2017) 11.0 ≥9.2 novaeangliae. Minke whale ...... Balaenoptera acutorostrata California/Oregon/Washington .. -; N 636 (0.72, 369, 2014) ..... 3.5 ≥1.3 scammoni.

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Delphinidae: Killer whale ...... Orcinus orca ...... Eastern North Pacific Offshore -; N 240 (0.49, 162, 2014) ..... 1.6 0 Killer whale ...... Orcinus orca ...... Eastern North Pacific Southern E; D 83 (na, 83, 2016) ...... 0.14 0 Resident. Long-beaked common dol- Dephinus delphis ...... California ...... -; N 101,305 (0.49; 68,432, 657 ≥35.4 phin. 2014). Bottlenose dolphin ...... Tursiops truncatus ...... California/Oregon/Washington -; N 1,924 (0.54; 1,255, 2014) 11 ≥1.6 Offshore. Family Phocoenidae (por- poises): Harbor Porpoise ...... Phocoena phocoena ...... Washington Inland Waters ...... -; N 11,233 (0.37; 8,308; 66 ≥7.2 2015).

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TABLE 3—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN REGION OF ACTIVITY—Continued

ESA/ MMPA Stock abundance Annual Common name Scientific name Stock status; (CV, N , most recent PBR min M/SI 3 strategic abundance survey) 2 (Y/N) 1

Dall’s Porpoise ...... Phocoenoides dalli ...... California/Oregon/Washington .. -; N 25,750 (0.45, 17,954, 172 0.3 2014).

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): California sea lion ...... Zalophus californianus ...... U.S...... -; N 296,750 (na, 153,337, 9,200 389 2011). Steller sea lion ...... Eumetopias jubatus ...... Eastern DPS ...... -; N 41,638 (-; 41,638; 2015) 2,498 108

Family Phocidae (earless seals): Harbor seal ...... Phoca vitulina ...... Washington Northern Inland -; N 11,036 (0.15, -, 1999) .... Undet. 9.8 Waters stock. Northern elephant seal ...... Mirounga angustirostris ...... California breeding ...... -; N 179,000 (na; 81,368, 4,882 8.8 2010). 1—Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2—NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. 3—These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). Annual mortality/serious injury (M/SI) often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV as- sociated with estimated mortality due to commercial fisheries is presented in some cases.

Sections 3 and 4 of the application as gross indicators of the status of the to occur, and we have proposed summarize available information species and other threats. authorizing it. regarding status and trends, distribution Marine mammal abundance estimates Summary of Season 1 Pier 62 Marine and habitat preferences, and behavior presented in this document represent Mammal Occurrence and life history, of the potentially the total number of individuals that Marine mammal monitoring during affected species. Additional information make up a given stock or the total pile driving/removal activities occurred regarding population trends and threats number estimated within a particular for 21 days, between December 29, may be found in NMFS’s Stock study or survey area. NMFS’s stock 2017, and February 21, 2018. Assessment Reports (SAR; https:// abundance estimates for most species Throughout the Season 1 monitoring www.fisheries.noaa.gov/national/ represent the total estimate of season, a total of 167 California sea lions marine-mammal-protection/marine- individuals within the geographic area, and 72 harbor seals were observed, mammal-stock-assessments) and more if known, that comprises that stock. For mostly at the Alki and Magnolia sites, general information about these species some species, this geographic area may but only a few were taken by Level B (e.g., physical and behavioral extend beyond U.S. waters. All managed harassment. Eight California sea lions descriptions) may be found on NMFS’s stocks in this region are assessed in the and ten harbor seals were taken by Level website for whales (https:// NMFS’s U.S. 2017 Draft SARs for the B harassment. There were no takes by www.fisheries.noaa.gov/whales), Pacific (Carretta et al., 2017), Alaska Level A harassment nor any serious dolphins and porpoises (https:// (Muto et al., 2017) or the 2016 SARs injuries or mortalities. No other species www.fisheries.noaa.gov/dolphins- (Carretta et al., 2016) if species numbers were observed. porpoises), and pinnipeds (https:// haven’t changed. All values presented www.fisheries.noaa.gov/seals-sea-lions). in Table 3 are the most recent available Harbor Seal Table 3 lists all species with expected at the time of publication and are Individual harbor seals occur along potential for occurrence in Elliott Bay available in the 2017 Draft SARs the Elliott Bay shoreline. There is one and summarizes information related to (Carretta et al., 2017; Muto et al., 2017) documented harbor seal haulout area the population or stock, including or 2016 SARs (Carretta et al. 2016). near Bainbridge Island, approximately 6 regulatory status under the MMPA and Additional information may be found in miles (9.66 km) from Pier 62. The ESA and potential biological removal the 2015 Pacific Navy Marine Species haulout, which is estimated at less than (PBR), where known. For taxonomy, we Density Database (U.S. Department of 100 animals, consists of intertidal rocks follow Committee on Taxonomy (2017). the Navy (U.S. Navy) 2015) and can also and reef areas around Blakely Rocks and PBR is defined by the MMPA as the be accessed online at: http:// is within the area of potential effects but maximum number of animals, not nwtteis.com/Portals/NWTT/files/ at the outer extent near Bainbridge _ _ _ including natural mortalities, that may supporting technical/REVISED NWTT Island (Jefferies et al. 2000), though _ _ _ _ _ be removed from a marine mammal FINAL NMSDD Technical Report 04 harbor seals also make use of docks, _ stock while allowing that stock to reach MAY 2015.pdf. buoys and beaches in the area. The level or maintain its optimum sustainable All species that could potentially of use of this haulout during the fall and population (as described in NMFS’s occur in the proposed survey areas are winter is unknown, but is expected to SARs). While no mortality is anticipated included in Table 3. As described be much less than during the spring and or authorized here, PBR and annual below, all 12 species temporally and summer, as air temperatures become serious injury and mortality from spatially co-occur with the activity to colder than water temperatures, anthropogenic sources are included here the degree that take is reasonably likely resulting in seals in general hauling out

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less. Harbor seals are perhaps the most California Sea Lion Steller Sea Lion commonly observed marine mammal in Steller sea lions are a rare visitor to the area of potential effects. California sea lions are often observed in the area of potential effects. There are the Pier 62 area of potential effects. Six harbor seals were observed (and four documented haulout sites near Steller sea lions use haulout locations in taken) within the Level B Harassment/ Bainbridge Island, approximately six Puget Sound. The nearest haulout to the Monitoring Zone during vibratory miles from Pier 62, and two project area is located approximately six miles away (9.66 km). This haulout is activity during Season 1 of the Seattle documented haulout sites between DOT Pier 62 project. Higher numbers of composed of net pens offshore of the Bainbridge Island and Magnolia harbor seals were observed at the Alki south end of Bainbridge Island. The (Jefferies et al. 2000). The nearest and Magnolia sites; however, those population of Steller sea lions at this documented California sea lion haulout animals were outside the Level B zone haulout has been estimated at less than sites are 3 km (2 miles) southwest of for vibratory pile removal so were not 100 individuals (Jeffries et al. 2000). Pier 62, although sea lions also make considered as ‘‘taken’’ under the No steller sea lions were observed use of docks and buoys in the area. previous IHA for Season 1. The number during Season 1 of the Seattle DOT Pier of harbor seals observed from all three Eight California sea lions were 62 project. Marine mammal monitoring monitoring locations (Alki, Magnolia observed (and taken) within the Level B occurred on 175 days during Seasons 1, and around the construction site) Harassment/Monitoring Zone during 2, 3, and 4 of the EBSP, during which combined ranged from 0 to 11 per day, vibratory activity during Season 1 of the three Steller sea lions were observed with an average of 3 harbor seals per Seattle DOT Pier 62 project. Higher and documented as takes in the project day. numbers of California sea lions were area (Anchor QEA 2014, 2015, 2016, Marine mammal monitoring also observed at the Alki and Magnolia sites; and 2017). occurred on 175 days during Seasons 1, however, those animals were outside No Steller sea lions were observed 2, 3, and 4 of the Elliott Bay Seawall the Level B zone for vibratory pile during monitoring for the 2012 Seattle Project (EBSP), during which 267 harbor removal so were not considered as Slip 2 Batter Pile Project or the 2016 seals were documented as takes in the ‘‘taken’’ under the previous IHA for Seattle Test Pile Project (WSF 2016). Season 1. The number of sea lions Pier 62 Project area (Anchor QEA 2014, Killer Whale 2015, 2016, and 2017). Numbers of observed from all three monitoring The Eastern North Pacific SRKW and harbor seals observed on the project locations (Alki, Magnolia and around West Coast Transient (transient) stocks varied from zero to seven per day, with the construction site) combined ranged of killer whale may be found near the an average of 1, 1, 2, and 3 observed from 0 to 13 per day, with an average project site. The SRKW live in three daily in 2014, 2015, 2016, and 2017, of 8 sea lions per day. family groups known as the J, K and L respectively. Additional marine Marine mammal monitoring also pods. The Southern Residents are listed mammal monitoring results in the occurred on 175 days during Seasons 1, as endangered under the ESA. Transient vicinity of the projects, are as follows: 2, 3, and 4 of the EBSP, during which killer whales generally occur in smaller 951 California sea lions were D 2016 Seattle Test Pile Project: 56 (less than 10 individuals), less documented as takes in the project area Harbor seals were observed over 10 days structured pods (NMFS 2013). (Anchor QEA 2014, 2015, 2016, and in the area that corresponds to the According to the Center for Whale 2017). California sea lions were upcoming project ZOIs. The maximum Research (CWR) (2015), they tend to frequently observed (average seven per number sighted during one day was 13 travel in small groups of one to five day in 2014 and 2015, three per day in (Washington State Ferries (WSF) 2016). individuals, staying close to shorelines, 2016 and 2017, and a maximum of 15 D 2012 Seattle Slip 2 Batter Pile often near seal rookeries when pups are over a day) hauled out on two being weaned. The transient killer Project: Six harbor seals were observed navigational buoys within the project during this one-day project in the area whale sightings have become more area (near Alki Point) and swimming common since mid-2000. Unlike the that corresponds to the upcoming along the shoreline. Additional marine project ZOIs (WSF 2012). SRKW pods, transients may be present mammal monitoring results in the in an area for hours or days as they hunt D 2012 Seattle Aquarium Pier 60 vicinity of the projects, are as follows: pinnipeds. Project: 281 Harbor seals were observed D 2016 Seattle Test Pile project: 12 A long-term database maintained by over 29 days in the area that California sea lions were observed over the Whale Museum contains sightings corresponds to the upcoming project 10 days in the area that corresponds to and geospatial locations of SRKWs, ZOIs (HiKARI 2012). the upcoming project ZOIs. The among other marine mammals, in Northern Elephant Seal maximum number sighted during one inland waters of Washington State day was four (WSF 2016). (Osborne 2008). Data are largely based No elephant seals were observed on opportunistic sightings from a D during Season 1 of the Seattle DOT Pier 2012 Seattle Slip 2 Batter Pile variety of sources (i.e., public reports, 62 project. Marine mammal monitoring project: 15 California sea lions were commercial whale watching, also occurred on 175 days during observed during this one-day project in Soundwatch, Lime Kiln State Park land- Seasons 1, 2, 3, and 4 of the EBSP, the area that corresponds to the based observations, and independent during which no elephant seals were upcoming project ZOIs (WSF 2012). research reports), but the database is observed in the project area (Anchor D 2012 Seattle Aquarium Pier 60 regarded as a robust but difficult to QEA 2014, 2015, 2016, and 2017). project: 382 California sea lions were quantify inventory of occurrences. The Similarly, no elephant seals were observed over 29 days in the area that data provide the most comprehensive observed during monitoring for the 2012 corresponds to the upcoming project assemblage of broad-scale habitat use by Seattle Slip 2 Batter Pile Project, the ZOIs. The maximum number sighted the SRKW in inland waters. 2016 Seattle Test Pile Project, or the during one day was 37; however seals, Based on reports from 1990 to 2008, 2012 Seattle Aquarium Pier 60 Project may have been double counted during the greatest number of unique killer (WSF 2016). these observations (HiKARI 2012). whale sighting-days near or in the area

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of potential effects occurred from Long-Beaked Common Dolphin include an observation of a gray whale November through January, although No long-beaked common dolphins off the ferry terminal at Pier 52 heading observations were made during all were observed during Season 1 of the toward the East Waterway in March months except May (Osborne 2008). Seattle DOT Pier 62 project. Marine 2010 (CWR 2011). Three gray whales Most observations were of SRKWs mammal monitoring also occurred on were observed near the project area passing west of Alki Point (82 percent 175 days during Seasons 1, 2, 3, and 4 during 2011 (Whale Museum 2011), but of all observations), which lies on the (2014, 2015, 2016, and 2017) of the the narrative format of the observations edge or outside the area of potential EBSP, during which no long-beaked make it difficult to discern whether effects; this pattern is potentially due to common dolphins were observed in the these individuals entered the area of the high level of human disturbance or project area (Anchor QEA 2014, 2015, potential effects. It is assumed that gray highly degraded habitat features 2016, 2017). whales might rarely occur in the area of currently found within Elliott Bay. J No long-beaked common dolphins potential effects. Pod, with an estimated 23 members, is were observed during monitoring for the No gray whales were observed during the pod most likely to appear year- 2012 Seattle Slip 2 Batter Pile Project, Season 1 of the Seattle DOT Pier 62 round near the San Juan Islands, in the the 2016 Seattle Test Pile Project, or the project. No gray whales were observed lower Puget Sound near Seattle, and in 2012 Seattle Aquarium Pier 60 project. during monitoring for Seasons 1, 2,3, or Georgia Strait at the mouth of the Fraser However, there were reported sightings 4 of the EBSP (Anchor QEA 2014, 2015, River. J Pod tends to frequent the west in the Puget Sound in the summer of 2016, and 2017), the 2012 Seattle Slip side of San Juan Island in mid to late 2016. Beginning on June 16, long- 2 Batter Pile Project, the 2016 Seattle Test Pile Project, or the 2012 Seattle spring (CWR 2011, 2017). beaked common dolphins were observed near Victoria, British Aquarium Pier 60 Project (Anchor QEA An analysis of sightings in 2011 Columbia. Over the following weeks, a 2014, 2015, 2016; WSF 2016a). described an estimated 93 sightings of pod of 15 to 20 (including a calf) was SRKWs near the area of potential effects Humpback Whale observed in central and southern Puget (Whale Museum 2011). During this Prior to 2016, humpback whales were Sound. They were positively identified same analysis period, 12 transient killer listed under the ESA as an endangered as long-beaked common dolphins (Orca species worldwide. Following a 2015 whales were also observed near the area Network 2016a). This is the first global status review (Bettridge et al., of potential effects. The majority of all confirmed observation of a pod of long- 2015), NMFS established 14 distinct sightings in this area are of groups of beaked common dolphins in population segments (DPS) with killer whales moving through the main Washington waters—NMFS states that different listing statuses (81 FR 62259; channel between Bainbridge Island and as of 2012, long-beaked common September 8, 2016) pursuant to the ESA. Elliott Bay and outside the area of dolphins had not been observed during The DPSs that occur in U.S. waters do potential effects (Whale Museum 2011). surveys in Washington waters (Carretta not necessarily equate to the existing The purely descriptive format of these et al. 2016). Two individual long-beaked stocks designated under the MMPA and observations makes it impossible to common dolphins were observed in shown in Table 3. Because MMPA discern what proportion of the killer 2011, one in August and one in stocks cannot be portioned, i.e., parts whales observed entered the area of September (Whale Museum 2015). potential effects; however, it is assumed managed as ESA-listed while other parts that individuals do enter this area on Bottlenose Dolphin managed as not ESA-listed, until such occasion. NOAA offshore surveys from 1991 to time as the MMPA stock delineations are reviewed in light of the DPS No killer whales were observed 2014 resulted in no sightings during designations, NMFS considers the during Season 1 of the Seattle DOT Pier study transects off the Oregon or existing humpback whale stocks under 62 project. Marine mammal monitoring Washington coasts (NOAA 2017d). the MMPA to be endangered and also occurred on 175 days during However, in October 2017, multiple depleted for MMPA management Seasons 1, 2, 3, and 4 (2014, 2015, 2016, sightings of a bottlenose dolphin were purposes (e.g., selection of a recovery and 2017) of the EBSP, during which reported to Orca Network throughout factor, stock status). Within U.S. west two killer whales were documented as the Puget Sound and in Elliott Bay. Two coast waters, three current DPSs may takes in the project area (unknown if bottlenose dolphins were observed in occur: the Hawaii DPS (not listed), SRKW or transient), and one pod of six Elliott Bay in one week of monitoring Mexico DPS (threatened), and Central whales was also observed in Elliott Bay (WSDOT 2017) and a group of seven dolphins were observed in 2017 and America DPS (endangered). more than 30 minutes before or after Humpback whales are only rare pile driving activity (no take were positively identified as part of the CA coastal stock (Cascadia Research visitors to Puget Sound. There is documented; Anchor QEA 2014, 2015, evidence of increasing numbers in 2016, 2017). This pod of six whales Collective, 2017). It is acknowledged that bottlenose dolphins could occur recent years (Falcone et al. 2005). A rare were not identified as SRKW or encounter with one and possibly two transients. within the project area. No bottlenose dolphins were observed humpbacks occurred in Hood Canal During the 2016 Seattle Test Pile during Season 1 of the Seattle DOT Pier (well away from the area of potential project, 0 SRKW were observed over 10 62 project. In addition, no bottlenose effects) as recently as February 2012 days in the area that corresponds to the dolphins were observed during (Whale Museum 2012). Humpbacks do upcoming project ZOIs (WSF 2016). monitoring for the EBSP, the 2012 not visit Puget Sound every year and are During the 2012 Seattle Slip 2 Batter Seattle Slip 2 Batter Pile Project or the considered rare in the area of potential Pile project, 0 SRKW were observed 2016 Seattle Test Pile Project (Anchor effects (Whale Museum 2011); however, during this one day project in the area QEA 2014, 2015, 2016, and 2017; WSF they have the potential to occur at least that corresponds to the upcoming 2012, 2016). during the Pier 62 Project construction project ZOIs (WSF 2012). On February period. 5, 2016, a pod of up to 7 transients were Gray Whale No humpback whales were observed reported in the area (Orca Network Gray whale sightings are typically during Season 1 of the Seattle DOT Pier Archive Report 2016a). reported in February through May and 62 project. Marine mammal monitoring

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also occurred on 175 days during recommended that marine mammals be please see NMFS (2016a) for a review of Seasons 1, 2, 3, and 4 (2014, 2015, 2016, divided into functional hearing groups available information. Twelve marine and 2017) of the EBSP, during which based on directly measured or estimated mammal species (8 cetacean and 4 two humpback whales were observed in hearing ranges on the basis of available pinniped (2 otariid and 2 phocid) the project area (Anchor QEA 2014, behavioral response data, audiograms species) have the reasonable potential to 2015, 2016, and 2017). In addition, no derived using auditory evoked potential co-occur with the proposed survey humpback whales were observed during techniques, anatomical modeling, and activities. Please refer to Table 3. Of the monitoring for the 2012 Seattle Slip 2 other data. Note that no direct cetacean species that may be present, Batter Pile Project, the 2016 Seattle Test measurements of hearing ability have three are classified as low-frequency Pile Project, or the 2012 Seattle been successfully completed for cetaceans (i.e., all mysticete species), Aquarium Pier 60 Project (WSF 2016a). mysticetes (i.e., low-frequency three are classified as mid-frequency cetaceans (i.e., all delphinid and ziphiid Minke Whale cetaceans). Subsequently, NMFS (2016a) described generalized hearing ranges for species), and two are classified as high- Minke whales are relatively common these marine mammal hearing groups. frequency cetaceans (i.e., harbor and in the San Juan Islands and Strait of Generalized hearing ranges were chosen Dall’s porpoise). Juan de Fuca (especially around several based on the approximately 65 dB of the banks in both the central and Potential Effects of Specified Activities threshold from the normalized on Marine Mammals and Their Habitat eastern Strait), but are relatively rare in composite audiograms, with the Puget Sound (WSF 2016a). No minke exception for lower limits for low- This section includes a summary and whales were observed during Season 1 frequency cetaceans where the lower discussion of the ways that components of the Seattle DOT Pier 62 project. No bound was deemed to be biologically of the specified activity may impact minke whales were observed during implausible and the lower bound from marine mammals and their habitat. The monitoring for Season 1, 2, 4, or 4 of the Southall et al. (2007) retained. The ‘‘Estimated Take by Incidental EBSP, the 2012 Seattle Slip 2 Batter Pile functional groups and the associated Harassment’’ section later in this Project, the 2016 Seattle Test Pile frequencies are indicated below (note document will include a quantitative Project, or the 2012 Seattle Aquarium that these frequency ranges correspond analysis of the number of individuals Pier 60 Project (Anchor QEA 2014, to the range for the composite group, that are expected to be taken by this 2015, 2016; WSF 2016). with the entire range not necessarily activity. The ‘‘Negligible Impact Analysis and Determination’’ section reflecting the capabilities of every Harbor Porpoise and Dall’s Porpoise will consider the content of this section, species within that group): No harbor porpoise or Dall’s porpoise the ‘‘Estimated Take by Incidental were observed during Season 1 of the D Low-frequency cetaceans Harassment’’ section, and the ‘‘Proposed Seattle DOT Pier 62 project. Marine (mysticetes): Generalized hearing is Mitigation’’ section, to draw mammal monitoring occurred on 175 estimated to occur between conclusions regarding the likely impacts days during Seasons 1, 2, 3, and 4 (2014, approximately 7 hertz (Hz) and 35 of these activities on the reproductive 2015, 2016, and 2017) of the EBSP, kilohertz (kHz); success or survivorship of individuals during which one harbor porpoise was D Mid-frequency cetaceans (larger and how those impacts on individuals observed and documented as a take in toothed whales, beaked whales, and are likely to impact marine mammal the project area; no Dall’s porpoises most delphinids): Generalized hearing is species or stocks. were observed (Anchor QEA 2014, 2015, estimated to occur between The Seattle DOT’s Pier 62 Project 2016. 2017). approximately 150 Hz and 160 kHz; using in-water pile driving and pile During the 2012 Seattle Aquarium D High-frequency cetaceans removal could adversely affect marine Pier 60 Project, five harbor porpoises (porpoises, river dolphins, and members mammal species and stocks by exposing and one Dall’s porpoise were observed of the genera Kogia and them to elevated noise levels in the over 29 days in the area that Cephalorhynchus; including two vicinity of the activity area. corresponds to the upcoming project members of the genus Lagenorhynchus, Exposure to high intensity sound for ZOIs, with a maximum of three on the basis of recent echolocation data a sufficient duration may result in observed in one day (HiKARI 2012). and genetic data): Generalized hearing is auditory effects such as a noise-induced Neither harbor porpoise nor Dall’s estimated to occur between threshold shift (TS)—an increase in the porpoise were observed during approximately 275 Hz and 160 kHz; auditory threshold after exposure to monitoring for the 2012 Seattle Slip 2 D Pinnipeds in water; Phocidae (true noise (Finneran et al. 2005). Factors that Batter Pile Project or the 2016 Seattle seals): Generalized hearing is estimated influence the amount of threshold shift Test Pile Project (WSF 2016). to occur between approximately 50 Hz include the amplitude, duration, to 86 kHz; and frequency content, temporal pattern, Marine Mammal Hearing D Pinnipeds in water; Otariidae (eared and energy distribution of noise Hearing is the most important sensory seals and sea lions): Generalized hearing exposure. The magnitude of hearing modality for marine mammals is estimated to occur between 60 Hz and threshold shift normally decreases over underwater, and exposure to 39 kHz. time following cessation of the noise anthropogenic sound can have The pinniped functional hearing exposure. The amount of threshold shift deleterious effects. To appropriately group was modified from Southall et al. just after exposure is the initial assess the potential effects of exposure (2007) on the basis of data indicating threshold shift. If the threshold shift to sound, it is necessary to understand that phocid species have consistently eventually returns to zero (i.e., the the frequency ranges marine mammals demonstrated an extended frequency threshold returns to the pre-exposure are able to hear. Current data indicate range of hearing compared to otariids, value), it is a temporary threshold shift that not all marine mammal species especially in the higher frequency range (Southall et al. 2007). have equal hearing capabilities (e.g., (Hemila¨ et al., 2006; Kastelein et al., Threshold Shift (noise-induced loss of Richardson et al. 1995; Wartzok and 2009; Reichmuth and Holt, 2013). hearing)—When animals exhibit Ketten 1999; Au and Hastings 2008). To For more detail concerning these reduced hearing sensitivity (i.e., sounds reflect this, Southall et al. (2007) groups and associated frequency ranges, must be louder for an animal to detect

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them) following exposure to an intense TTS can have effects on marine population, community, or even sound or sound for long duration, it is mammals ranging from discountable to ecosystem levels, as well as individual referred to as TS. An animal can serious (similar to those discussed in levels. Masking affects both senders and experience temporary threshold shift auditory masking, below). For example, receivers of the signals and could have (TTS) or permanent threshold shift a marine mammal may be able to readily long-term chronic effects on marine (PTS). TTS can last from minutes or compensate for a brief, relatively small mammal species and populations. hours to days (i.e., there is complete amount of TTS in a non-critical Recent science suggests that low recovery), can occur in specific frequency range that occurs during a frequency ambient sound levels have frequency ranges (i.e., an animal might time where ambient noise is lower and increased by as much as 20 dB (more only have a temporary loss of hearing there are not as many competing sounds than three times in terms of sound sensitivity between the frequencies of 1 present. Alternatively, a larger amount pressure level) in the world’s ocean and 10 kHz), and can be of varying and longer duration of TTS sustained from pre-industrial periods, and most of amounts (for example, an animal’s during time when communication is these increases are from distant hearing sensitivity might be reduced critical for successful mother/calf shipping (Hildebrand 2009). For Seattle initially by only 6 dB or reduced by 30 interactions could have more serious DOT’s Pier 62 Project, noises from dB). PTS is permanent, but some impacts. Also, depending on the degree vibratory pile driving and pile removal recovery is possible. PTS can also occur and frequency range, the effects of PTS contribute to the elevated ambient noise in a specific frequency range and on an animal could range in severity, levels in the project area, thus amount as mentioned above for TTS. although it is considered generally more increasing potential for or severity of For marine mammals, published data serious because it is a permanent masking. Baseline ambient noise levels are limited to the captive bottlenose condition. Of note, reduced hearing in the vicinity of project area are high dolphin, beluga, harbor porpoise, and sensitivity as a simple function of aging due to ongoing shipping, construction Yangtze finless porpoise (Finneran et has been observed in marine mammals, and other activities in the Puget Sound. al., 2000, 2002, 2003, 2005, 2007, 2010a, as well as humans and other taxa Behavioral disturbance—Finally, 2010b; Finneran and Schlundt, 2010; (Southall et al. 2007), so one can infer marine mammals’ exposure to certain Lucke et al., 2009; Mooney et al., 2009a, that strategies exist for coping with this sounds could lead to behavioral 2009b; Popov et al., 2011a, 2011b; condition to some degree, though likely disturbance (Richardson et al., 1995), Kastelein et al., 2012a; Schlundt et al., not without cost. such as: changing durations of surfacing 2000; Nachtigall et al., 2003, 2004). For Masking—In addition, chronic and dives, number of blows per pinnipeds in water, data are limited to exposure to excessive, though not high- surfacing, or moving direction and/or measurements of TTS in harbor seals, an intensity, noise could cause masking at speed; reduced/increased vocal elephant seal, and California sea lions particular frequencies for marine activities; changing/cessation of certain (Kastak et al., 1999, 2005; Kastelein et mammals that utilize sound for vital behavioral activities (such as socializing al., 2012b). biological functions (Clark et al. 2009). or feeding); visible startle response or Lucke et al. (2009) found a TS of a Acoustic masking is when other noises aggressive behavior (such as tail/fluke harbor porpoise after exposing it to such as from human sources interfere slapping or jaw clapping); avoidance of airgun noise with a received SPL at with animal detection of acoustic areas where noise sources are located; 200.2 dB (peak-to-peak) re: 1 mPa, which signals such as communication calls, and/or flight responses (e.g., pinnipeds corresponds to a sound exposure level echolocation sounds, and flushing into water from haulouts or (SEL) of 164.5 dB re: 1 mPa2 s after environmental sounds important to rookeries). integrating exposure. Because the airgun marine mammals. Therefore, under The onset of behavioral disturbance noise is a broadband impulse, one certain circumstances, marine mammals from anthropogenic noise depends on cannot directly determine the whose acoustical sensors or both external factors (characteristics of equivalent of rms SPL from the reported environment are being severely masked noise sources and their paths) and the peak-to-peak SPLs. However, applying a could also be impaired from maximizing receiving animals (hearing, motivation, conservative conversion factor of 16 dB their performance fitness in survival experience, demography) and is also for broadband signals from seismic and reproduction. difficult to predict (Southall et al., surveys (McCauley et al. 2000) to Masking occurs at the frequency band 2007). Currently NMFS uses a received correct for the difference between peak- that the animals utilize. Therefore, since level of 160 dB re 1 mPa (rms) to predict to-peak levels reported in Lucke et al. noise generated from vibratory pile the onset of behavioral harassment from (2009) and rms SPLs, the rms SPL for driving activity is mostly concentrated impulse noises (such as impact pile TTS would be approximately 184 dB re: at low frequency ranges, it may have driving), and 120 dB re 1 mPa (rms) for 1 mPa, and the received levels associated less effect on high frequency continuous noises (such as vibratory with PTS (Level A harassment) would echolocation sounds by odontocetes pile driving). For the Seattle DOT’s Pier be higher. However, NMFS recognizes (toothed whales). However, lower 62 Project, both of these noise levels are that TTS of harbor porpoises is lower frequency man-made noises are more considered for effects analysis because than other cetacean species empirically likely to affect detection of Seattle DOT plans to use both impact tested (Finneran and Schlundt 2010; communication calls and other and vibratory pile driving, as well as Finneran et al. 2002; Kastelein and potentially important natural sounds vibratory pile removal. Jennings 2012). such as surf and prey noise. It may also The biological significance of many of Marine mammal hearing plays a affect communication signals when they these behavioral disturbances is difficult critical role in communication with occur near the noise band and thus to predict, especially if the detected conspecifics, and interpretation of reduce the communication space of disturbances appear minor. However, environmental cues for purposes such animals (e.g., Clark et al. 2009) and the consequences of behavioral as predator avoidance and prey capture. cause increased stress levels (e.g., Foote modification could be biologically Depending on the degree (elevation of et al. 2004; Holt et al. 2009). significant if the change affects growth, threshold in dB), duration (i.e., recovery Unlike TS, masking, which can occur survival, and/or reproduction, which time), and frequency range of TTS, and over large temporal and spatial scales, depends on the severity, duration, and the context in which it is experienced, can potentially affect the species at context of the effects.

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Habitat—The primary potential strength and direction of sound of behavioral patterns, including, but impacts to marine mammal habitat are (Hawkins 1981). Primary factors not limited to, migration, breathing, associated with elevated sound levels determining whether a fish can sense a nursing, breeding, feeding, or sheltering produced by pile driving and removal sound signal, and potentially react to it, (Level B harassment). associated with marine mammal prey are the frequency of the signal and the Authorized takes would primarily be species. However, other potential strength of the signal in relation to the by Level B harassment, as exposure to impacts to the surrounding habitat from natural background noise level. pile driving activities has the potential physical disturbance are also possible. The level of sound at which a fish to result in disruption of behavioral Prey species for the various marine will react or alter its behavior is usually patterns for individual marine mammals include marine invertebrates well above the detection level. Fish mammals. There is also some potential and fish species. Short-term effects have been found to react to sounds for auditory injury (Level A harassment) would occur to marine invertebrates when the sound level increased to about to result, primarily for high frequency during removal of existing piles. This 20 dB above the detection level of 120 species due to larger predicted auditory effect is expected to be minor and short- dB (Ona 1988); however, the response injury zones. Auditory injury is unlikely term on the overall population of threshold can depend on the time of to occur for mid-frequency species and marine invertebrates in Elliott Bay. year and the fish’s physiological most pinnipeds. The proposed Construction will also have temporary condition (Engas et al. 1993). mitigation and monitoring measures effects on salmonids and other fish During construction activity of the (i.e., shutdown zones, use of a bubble species in the project area due to Pier 62 Project, only a small fraction of curtain, etc. as discussed in detail below disturbance, turbidity, noise, and the the available habitat would be in ‘‘Proposed Mitigation’’ section), are potential resuspension of contaminants. ensonified at any given time. expected to minimize the severity of All in-water work will occur during the Disturbance to fish species would be such taking to the extent practicable. designated in-water work window, to short-term and fish would return to Below we describe how the take is minimize effects on juvenile salmonids their pre-disturbance behavior once the estimated. with the exception of some Chinook pile driving activity ceases. Thus, the Described in the most basic way, we salmon that may be found along the proposed construction would have estimate take by considering: (1) seawall into October. Additionally, little, if any, impact on the abilities of Acoustic thresholds above which NMFS marine resident fish species are only marine mammals to feed in the area believes the best available science present in limited numbers along the where construction work is proposed. indicates marine mammals will be seawall during the in-water work season Finally, the time of the proposed behaviorally harassed or incur some and primarily occur during the summer construction activity would avoid the degree of permanent hearing months, when work would not be spawning season of the ESA-listed impairment; (2) the area or volume of occurring (Anchor QEA 2012). salmonid species between March and water that will be ensonified above SPLs from impact pile driving has the July. these levels in a day; (3) the density or potential to injure or kill fish in the Short-term turbidity is a water quality occurrence of marine mammals within immediate area. These few isolated fish effect of most in-water work, including these ensonified areas; and, (4) and the mortality events are not anticipated to pile driving. Cetaceans are not expected number of days of activities. Below, we have a substantial effect on prey species to be close enough to the Pier 62 Project describe these components in more population or their availability as a food to experience turbidity, and any detail and present the proposed take resource for marine mammals. pinnipeds will be transiting the terminal estimates. Studies also suggest that larger fish area and could avoid localized areas of Acoustic Thresholds are generally less susceptible to death or turbidity. Therefore, the impact from injury than small fish. Moreover, increased turbidity levels is expected to Using the best available science, elongated forms that are round in cross be discountable to marine mammals. NMFS has developed acoustic section are less at risk than deep-bodied For these reasons, any adverse effects thresholds that identify the received forms. Orientation of fish relative to the to marine mammal habitat in the area level of underwater sound above which shock wave may also affect the extent of from the Seattle DOT’s proposed Pier 62 exposed marine mammals would be injury. Open water pelagic fish (e.g., would not be significant. reasonably expected to be behaviorally mackerel) seem to be less affected than harassed (equated to Level B reef fishes. The results of most studies Estimated Take harassment) or to incur PTS of some are dependent upon specific biological, This section provides an estimate of degree (equated to Level A harassment). environmental, explosive, and data the number of incidental takes proposed Level B Harassment for non-explosive recording factors. for authorization through this IHA, sources—Though significantly driven by The huge variation in fish which informed both NMFS’s received level, the onset of behavioral populations, including numbers, consideration of whether the number of disturbance from anthropogenic noise species, sizes, and orientation and range takes is ‘‘small’’ and the negligible exposure is also informed to varying from the detonation point, makes it very impact determination. degrees by other factors related to the difficult to accurately predict mortalities Harassment is the only type of take source (e.g., frequency, predictability, at any specific site of detonation. Most expected to result from these activities. duty cycle), the environment (e.g., fish species experience a large number Except with respect to certain activities bathymetry), and the receiving animals of natural mortalities, especially during not pertinent here, section 3(18) of the (hearing, motivation, experience, early life-stages, and any small level of MMPA defines ‘‘harassment’’ as: Any demography, behavioral context) and mortality caused by the Seattle DOT’s act of pursuit, torment, or annoyance can be difficult to predict (Southall et al. impact pile driving will likely be which (i) has the potential to injure a 2007, Ellison et al. 2011). Based on what insignificant to the population as a marine mammal or marine mammal the available science indicates and the whole. stock in the wild (Level A harassment); practical need to use a threshold based For non-impulsive sound such as that or (ii) has the potential to disturb a on a factor that is both predictable and of vibratory pile driving, experiments marine mammal or marine mammal measurable for most activities, NMFS have shown that fish can sense both the stock in the wild by causing disruption uses a generalized acoustic threshold

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based on received level to estimate the 120 and 160 dB re 1 mPa (rms) are These thresholds were developed by onset of behavioral harassment. NMFS applicable. compiling and synthesizing the best predicts that marine mammals are likely Level A harassment for non-explosive available science and soliciting input to be behaviorally harassed in a manner sources—NMFS’s Technical Guidance multiple times from both the public and we consider Level B harassment when for Assessing the Effects of peer reviewers to inform the final exposed to underwater anthropogenic Anthropogenic Sound on Marine product, and are provided in Table 4 noise above received levels of 120 dB re Mammal Hearing (NMFS, 2016a) below. The references, analysis, and 1 mPa root mean square (rms) for identifies dual criteria to assess auditory methodology used in the development continuous (e.g., vibratory pile-driving, injury (Level A harassment) to five of the thresholds are described in NMFS drilling) sources and above 160 dB re 1 different marine mammal groups (based 2016 Technical Guidance, which may mPa (rms) for non-explosive impulsive on hearing sensitivity) as a result of be accessed at: https:// (e.g., impact pile driving sources. Seattle exposure to noise from two different www.fisheries.noaa.gov/resource/ types of sources (impulsive or non- document/underwater-acoustic- DOT’s proposed activity includes the impulsive). Seattle DOT’s proposed thresholds-onset-permanent-and- use of continuous (vibratory pile driving activity includes the use of continuous temporary-threshold-shiftshttp:// and removal) and impulsive (impact (vibratory pile driving and removal) and www.nmfs.noaa.gov/pr/acoustics/ pile driving) sources, and therefore the impulsive (impact pile driving) sources. guidelines.htm.

TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

PTS onset thresholds Hearing group Impulsive Non-impulsive

Low-Frequency (LF) Cetaceans ...... Lpk,flat: 219 dB ...... LE,LF,24h: 199 dB LE,LF,24h: 183 dB ...... Mid-Frequency (MF) Cetaceans ...... Lpk,flat: 230 dB ...... LE,MF,24h: 198 dB LE,MF,24h: 185 dB ...... High-Frequency (HF) Cetaceans ...... Lpk,flat: 202 dB ...... LE,HF,24h: 173 dB LE,HF,24h: 155 dB ...... Phocid Pinnipeds (PW) ...... Lpk,flat: 218 dB ...... LE,PW,24h: 201 dB (Underwater) ...... LE,PW,24h: 185 dB ...... Otariid Pinnipeds (OW) ...... Lpk,flat: 232 dB ...... LE,OW,24h: 219 dB (Underwater) ...... LE,OW,24h: 203 dB ...... * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

Ensonified Area the Level B Harassment Zones for noise likelihood of causing additional sources. Based on hydroacoustic behavioral disturbance. Here, we describe operational and monitoring conducted during Season 1 The source level of vibratory removal environmental parameters of the activity of the Pier 62 Project to determine of 14-in timber piles is based on that fed into identifying the area background noise in the vicinity of the hydroacoustic monitoring ensonified above the acoustic project, the background level of 124 dB measurements conducted at the Pier 62 thresholds. rms was used to calculate the project site during Season 1 vibratory Background noise is the sound level attenuation for vibratory pile driving removal (Greenbusch Group 2018). The that would exist without the proposed and removal in Season 2 (Greenbusch recorded source level ranged from 140 activity (pile driving and removal, in Group 2018). Although NMFS’s to 169 dB rms re 1 micropascal (mPa) at this case), while ambient sound levels harassment threshold is typically 120 10 meters (m) from the pile, with the are those without human activity dB for continuous noise, recent site- 75th percentile at 161 dB rms. This (NOAA 2009). The marine waterway of specific measurements collected by The level, 161 dB rms, was chosen as the Elliott Bay is very active, and human Greenbusch Group (2018) as required by source value for vibratory timber factors that may contribute to the Season 1 IHA indicate that ambient removal in Season 2 because it is a background noise levels include ship sound levels are typically higher than conservative estimate of potential noise traffic. Natural actions that contribute to this sound level and ranged from 117 dB generation; 75 percent of the timber pile ambient noise include waves, wind, to 145 dB. Therefore, we used the, 124 removal noise generated in Season 1 rainfall, current fluctuations, chemical dB rms (also the same noise level as was on average lower than 161 dB rms. composition, and biological sound Season 1), as the relevant threshold for The sound source levels for installation sources (e.g., marine mammals, fish, and Season 2 of the Seattle DOT Pier 62 of the 30-in steel piles and 24-in shrimp; Carr et al. 2006). Background project, assuming that any noise template piles are based on surrogate noise levels were compared to the generated by the project below 124 dB data compiled by WSDOT. This value relevant threshold levels designed to would be subsumed by the existing was also used for other pile driving protect marine mammals to determine background noise and have little projects (e.g., WSDOT Seattle

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Multimodal Construction Project— included as part of 30-in vibratory steel For the Level B Harassment/ Colman Dock (82 FR 31579; July 7, installation for the purposes of Monitoring Zones, sound waves 2017)) in the same area as the Seattle estimating take and monitoring the propagate in all directions when they Pier 62 project. In February of 2016, project activities. Sound generated by travel through water until they dissipate WSDOT conducted a test pile project at template pile activity (removal and to background levels or encounter Colman Dock. The measured results installation of 24-in steel piles) is barriers that absorb or reflect their from Colman Dock were used for that expected to be quieter than sound energy, such as a landmass. Therefore, project and also here to provide source generated during vibratory steel the area of the Level B Harassment/ levels for the prediction of isopleths installation of 30-in piles, because the Monitoring Zones was determined using ensonified over thresholds for the piles are smaller and do not need to be land as the boundary on the north, east Seattle Pier 62 project. The results driven as deep as structural, permanent and south sides of the project. On the showed that the sound pressure level 30-in steel piles. west, land was also used to establish the The method of incidental take (SPL) root-mean-square (rms) for impact zone for vibratory driving. From Alki on requested is Level B acoustical pile driving of a 36-in steel pile is 189 the south and Magnolia on the north, a dB re 1 mPa at 14 m from the pile harassment of marine mammals within straight line of transmission was (WSDOT 2016b). This value is also used the 160 dB rms disturbance threshold established out to Bainbridge Island. For for impact driving of the 30-in steel (impact pile driving); the 120 dB rms impact driving (and vibratory removal), piles, which is a precautionary disturbance threshold (vibratory pile approach. Source level of vibratory pile driving); and the 120 dB rms sound dissipates much quicker and the driving of 36-in steel piles is based on disturbance threshold for vibratory impact zone stays within Elliott Bay. test pile driving at Port Townsend in removal of piles. Therefore, three Pile-related construction noise would 2010 (Laughlin 2011). Recordings of different Level B Harassment/ extend throughout the nearshore and vibratory pile driving were made at a Monitoring Zones were established and open water environments to just west of distance of 10 m from the pile. The will be in place during pile driving Alki Point and a limited distance into results show that the SPLrms for installation or removal (Table 5). the East Waterway of the Lower vibratory pile driving of 36-in steel pile Measured ambient noise levels in the Duwamish River, a highly industrialized was 177 dB re 1 mPa (WSDOT 2016a). area are 124 dB; therefore, NMFS only waterway. Because landmasses block in- The source sound level of 177 dB is considers take likely to occur in the area water construction noise, a ‘‘noise used for vibratory steel installation of ensonified above 124 dB, as pile driving shadow’’ created by Alki Point is 30-in piles and 24-in template piles. The noise below 124 dB would likely be expected to be present immediately template pile activity occurs in masked or their impacts diminished west of this feature (refer to Seattle conjunction with vibratory installation such that any reactions would not be DOT’s application for maps depicting of 30-in steel piles. As such, the considered take as a result of the high the Level B Harassment/Monitoring template pile activity is conservatively ambient noise levels. Zones).

TABLE 5—LEVEL B ZONE HARASSMENT/MONITORING ZONES DESCRIPTIONS AND DURATION OF ACTIVITY

Level B Level B Sound source Activity Construction threshold harassment Days of method (m) zones activity (km2) 2

1 ...... Removal of 14-in Timber Piles ...... Vibratory 1 ...... 1,848 4.8 10 2 ...... Installation of 30-in Steel Piles and Vibratory 1 ...... 54,117 91 53 Temporary 24-in Template Steel Piles. 3 ...... Installation of 30-in Steel Piles ...... Impact ...... 2,929 2.3 64 Notes: 1 The Level B thresholds for vibratory installation and removal were calculated to 124 dB rms as the actual ambient noise level rather than 120 dB. 2 The Level B Harassment Zones are not based on the distances given but represent actual ensonified area given the surrounding land con- figuration of Elliott Bay.

When NMFS Technical Guidance some degree, which will result in some used in the User Spreadsheet, and the (NMFS 2016) was published, in degree of overestimate of Level A resulting isopleths/Level A Harassment recognition of the fact that ensonified harassment take. However, these tools Zones are reported below. area/volume could be more technically offer the best way to predict appropriate The PTS isopleths were identified for challenging to predict because of the isopleths when more sophisticated 3D each hearing group for impact and duration component in the new modeling methods are not available, and vibratory installation and removal thresholds, we developed a User NMFS continues to develop ways to methods that will be used in the Pier 62 Spreadsheet that includes tools to help quantitatively refine these tools, and Project. The PTS isopleth distances predict a simple isopleth that can be will qualitatively address the output were calculated using the NMFS used in conjunction with marine where appropriate. For stationary acoustic threshold calculator (NMFS mammal density or occurrence to help sources such as vibratory and impact 2016), with inputs based on measured predict takes. We note that because of pile driving, NMFS’s User Spreadsheet and surrogate noise measurements taken some of the assumptions included in the predicts the closest distance at which, if during the EBSP and from WSDOT, and methods used for these tools, we a marine mammal remained at that estimating conservative working anticipate that isopleths produced are distance the whole duration of the durations (Table 6 and Table 7). typically going to be overestimates of activity, it would not incur PTS. Inputs

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TABLE 6—NMFS TECHNICAL ACOUSTIC GUIDANCE USER SPREADSHEET INPUT TO PREDICT PTS ISOPLETHS/LEVEL A HARASSMENT [User Spreadsheet Input]

Sound source Sound source Sound source 1 2 3 (A) Vibratory (A) Vibratory (E.1) Impact Spreadsheet Tab Used pile driving pile driving pile driving (removal) (installation) (installation)

Source Level (rms SPL) ...... a 161 dB b 180 dB ...... Source Level (Single Strike/shot SEL) ...... c 176 dB Weighting Factor Adjustment (kHz) ...... 2.5 2.5 2 (a) Number of strikes in 1 h ...... 20 (a) Activity Duration (h) within 24-h period ...... 8 8 4 Propagation (xLogR) ...... 15 15 15 Distance of source level measurement (meters) † ...... 10 10 14 a Greenbusch Group 2018. Pier 62 Project—Draft Acoustic Monitoring Season 1 (2017/2018) Report. Prepared for City of Seattle Department of Transportation. April 9, 2018. b Source level for 30-in steel piles was from test pile driving at Port Townsend Ferry Terminal in 2010. SPLrms for vibratory pile driving was 177 dB re 1 μPa. and 3 dB was added for use of two hammers. c Source information is from the Underwater Sound Level Report: Colman Dock Test Pile Project 2016.

TABLE 7—NMFS TECHNICAL ACOUSTIC GUIDANCE USER SPREADSHEET OUTPUT FOR PREDICTED PTS ISOPLETHS AND LEVEL A HARASSMENT DAILY ENSONIFIED AREAS [User Spreadsheet Output]

PTS isopleth (meters) Sound source type Low-frequency Mid-frequency High-frequency Phocid Otariid cetaceans cetaceans cetaceans pinnipeds Pinnipeds

1—Vibratory (pile removal) ...... 27.3 2.4 40.4 16.6 1.2 2—Vibratory (installation) ...... 504.8 44.7 746.4 306.8 21.5 3—Impact (installation) ...... 88.6 3.2 105.6 47.4 3.5

Level A Harassment Daily ensonified area (km2) a

Vibratory (pile removal) ...... 0.001171 0.0000091 0.002564 0.000433 0.0000023 Vibratory (installation)...... 0.400275 0.003139 0.875111 0.147853 0.000726 Impact (installation)...... 0.012331 0.000016 0.017517 0.003529 1.92423E–05 Note: a Daily ensonified areas were divided by two to only account for the ensonified area within the water and not over land.

Marine Mammal Occurrence and Take marine mammal density in the project Harbor Seal Calculation and Estimation area multiplied by the area size of ensonified zones within which received The take estimate for harbor seals for In this section we provide the noise levels exceed certain thresholds Pier 62 is based on local seal abundance information about the presence, density, (i.e., Level A and B harassment) from information using the maximum or group dynamics of marine mammals number of seals (13) sighted in one day specific activities, then multiplied by that informed the take calculation and during the 2016 Seattle Test Pile project the total number of days such activities we describe how the marine mammal multiplied by the total of 127 pile would occur. occurrence information is brought driving days for the Seattle DOT Pier 62 together to produce a quantitative take Unless otherwise described, Project Season 2 for 1,651 seals. Fifty- estimate. In some cases (e.g., harbor incidental take is estimated by the three of the 127 days of activity would seals and California sea lions) we used following equation: involve installation by vibratory pile local monitoring to calculate estimated Incidental take estimate = species driving, which has a much larger Level take; however, We also present take density * zone of influence * days A Harassment Zone (306.8 m) than the estimates (where available) using the of pile-related activity Level A Harassment Zones for vibratory species density data from the 2015 removal (16.6 m) and impact pile Pacific Navy Marine Species Density However, adjustments were made for driving (47.4 m). Harbor seals may be Database (U.S. Navy 2015), as a nearly every marine mammal species, difficult to observe at greater distances, comparison for estimated take of marine whenever their local abundance is therefore, during vibratory pile driving, mammals. For harbor porpoise, we known through monitoring during it may not be known how long a seal is estimated take using the density Season 1 activities and other monitoring present in the Level A Harassment estimates provided in Jefferson et al., efforts. In those cases, the local Zone. We estimate that four instances of 2016 as this is the best available density abundance data was used for take harbor seals may occur by Level A information for this species. calculations for the authorized take harassment during these 53 days. Four Where species density is available, instead of general animal density (see instances of potential take by Level A take estimates are based on average below). harassment was based the local

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observational data for harbor seals, the shown in Table 8. Based on these (WSF 2016). During marine mammal larger ensonified area during vibratory calculations, instances of take by Level monitoring for Season 1 of the Seattle pile driving for installation, and our best A is estimated at 10 harbor seals from DOT Pier 62 Project, 10 harbor seals professional judgment that an animal vibratory pile driving and instances of were observed within the Level B would remain within the injury zone for take by Level B is estimated at 6,107 Harassment/Monitoring Zone during prolonged exposure of intense noise. harbor seals from all sound sources. vibratory activity. Project activities in The instances of take by Level B However, observational data from Season 1, primarily timber vibratory harassment (1,651 seals) was adjusted to previous projects on the Seattle removal, had a smaller Level B exclude those already counted for waterfront have documented only a Harassment/Monitoring Zone than instances of take bye Level A fraction of what is calculated using the vibratory steel installation (the primary harassment, so the proposed authorized Navy density estimates for Puget Sound. activity for Seasons 2), so it is expected instances of take by Level B harassment For example, between zero and seven that harbor seal observations and takes is 1,647 harbor seals. seals were observed daily for the EBSP As a comparison, using U.S. Navy and 56 harbor seals were observed over in Season 2 will be greater and will species density estimates (U.S. Navy 10 days in the area with the maximum more closely resemble observational 2015) for the inland waters of Puget number of 13 harbor seals sighted data from other monitoring efforts such Sound, potential take of harbor seal is during the 2016 Seattle Test Pile project as EBSP and Seattle Test Pile Project.

TABLE 8—HARBOR SEAL ESTIMATED TAKE BASED ON NMSDD PRESENTED FOR COMPARISON

Level A Level B Estimated Species den- Days of take Estimated take Sound source sity ZOI ZOI activity Level B (km2) (km2) Level A

1 ...... 1.219 0.000176 4.8 10 0 58. 2 ...... 1.219 0.147853 91 53 10 5,879 (*Adjusted 5,869). 3 ...... 1.219 0.003529 2.3 64 0 180. Note: km2—square kilometers. * Number of Level B takes was adjusted to exclude those already counted for Level A takes.

Northern Elephant Seal Seattle DOT Pier 62 Project and four harassment. Therefore, all California sea For the Northern elephant seal, the seasons of local sea lion abundance lion takes estimated here are expected to Whale Museum (as cited in WSDOT information from the EBSP. Marine be takes by Level B harassment and 2016a) reported one sighting in the mammal visual monitoring during the NMFS proposes to authorize instances relevant area between 2008 and 2014. In EBSP indicates that a maximum of 15 of take by Level B harassment of 1,905 addition, based on U.S. Navy species sea lions were observed in a day during California sea lions. density estimates (U.S. Navy 2015), 4 years of project monitoring (Anchor As a comparison, using the U.S. Navy potential take of northern elephant seal QEA 2014, 2015, 2016, 2017). Based on species density estimates (U.S. Navy is expected to be zero. Therefore, the a total of 127 pile driving days for the 2015) for the inland waters of Seattle DOT is requesting authorization Seattle Pier 62 project Season 2, it is Washington, including Eastern Bays and for an instance of take by Level B estimated that up to 1,905 California sea Puget Sound, potential take of California harassment of one northern elephant lions (15 sea lions multiplied by 127 sea lion is shown in Table 9. The seal. days) could be exposed to noise levels estimated instances of take by Level B associated with ‘‘take.’’ Since the harassment is 636 California sea lions. California Sea Lion calculated Level A Harassment Zones of However, the Seattle DOT believes that The take estimate of California sea otariids are all very small (Table 7), we this estimate is unrealistically low, lions for Pier 62 is based on Season 1 do not consider it likely that any sea based on local marine mammal marine mammal monitoring for the lions would be taken by Level A monitoring.

Species Level A Level B Days of Estimated Estimated Sound source density ZOI ZOI activity Level A take Level B take (km2) (km2)

1 ...... 0.1266 2.26E–06 4.8 10 0 6 2 ...... 0.1266 0.000726 91 53 0 611 3 ...... 0.1266 1.92423E–05 2.3 64 0 19 Note: km 2—square kilometers.

Steller Sea Lion estimates (U.S. Navy 2015), and is harassment. The Seattle DOT is shown in Table 10. Since the calculated No local monitoring data of Steller sea requesting authorization instances of Level A Harassment Zones of otariids lions is available. Therefore, the take by Level B harassment of 185 are all very small (Table 7), we do not estimated take for Steller sea lions is Steller sea lions. consider it likely that any Steller sea based on U.S. Navy species density lions would be taken by Level A

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TABLE 10—STELLER SEA LION ESTIMATED TAKE BASED ON NMSDD PRESENTED FOR COMPARISON

Level A Level B Days of Estimated Estimated Species den- ZOI Level A Level B Sound source sity ZOI activity (km2) (km2) take take

1 ...... 0.0368 2.26E–06 4.8 10 0 2 2 ...... 0.0368 0.000726 91 53 0 178 3 ...... 0.0368 1.92423E–05 2.3 64 0 5 Note: km 2—square kilometers.

Southern Resident Killer Whale A Harassment Zones of mid-frequency 2015) the density for the SRKW is cetaceans are small (Table 7), we do not variable across seasons and across the The take estimate of SRKW for Pier 62 consider it likely that any SRKW would range. The inland water density is based on local data and information be taken by Level A harassment. estimates vary from 0.000000 to from the Center for Whale Research The Seattle DOT will coordinate with 0.000090/km2 in summer, 0.001461 to (CWR). J-pod is the pod most likely to the Orca Network and the CWR in an 0.004760/km2 in fall, and 0.004761 to appear in the lower Puget Sound near attempt to avoid all take of SRKW, but 0.020240/km2 in winter. Therefore, Seattle with a group size of it may be possible that a group may estimated takes as shown in Table 11 approximately 23 SRKW in 2017, 24 in enter the Level B Harassment/ are based on the highest density 2016, and 29 in 2015. (CWR 2017). Monitoring Zones before Seattle DOT estimated during the winter season Therefore, NMFS proposes to authorize could shut down due to the larger size (0.020240/km2) for the SRKW instances of take by Level B harassment of the Level B Harassment/Monitoring population. With the variable winter of 23 SRKW based on a single Zones particularly during vibratory pile density, estimates can range from 24 to occurrence of one pod (i.e., J Pod—23 driving (installation). 102 SRKW, with the upper take estimate individuals) that would be most likely As a comparison, using the U.S. Navy greater than the estimated population to be seen near Seattle. Since the Level species density estimates (U.S. Navy size.

TABLE 11—SOUTHERN RESIDENT KILLER WHALE ESTIMATED TAKE BASED ON NMSDD PRESENTED FOR COMPARISON

Species Level A Level B Days of Estimated Estimated Sound source 2 2 Level A Level B density ZOI (km ) ZOI (km ) activity take take

1 0.020240 0.0000091 4.8 10 0 1 2 0.020240 0.003139 91 53 0 98 3 0.020240 0.000016 2.3 64 0 3 Note: km2—square kilometers.

Transient Killer Whale frequency cetaceans are small (Table 7), km2 in fall, and from 0.000575 to The take estimate of transient killer we do not consider it likely that any 0.001582/km2 in winter. Work could whales for Pier 62 is based on local data. transient killer whales would be taken occur throughout summer, fall and Seven transients were reported in the by Level A harassment. winter, so the highest estimate, fall project area (Orca Network Archive As a comparison, based on U.S. Navy density, was used to conservatively Report 2016a). Therefore, NMFS species density estimates (U.S. Navy estimate take. For instances of take by proposes to authorize instances of take 2015), potential take of transient killer Level B harassment, this results in a by Level B harassment of 42 transient whale is shown in Table 12. As with the take estimate of twelve SRKW. killer whales, which would cover up to SRKW, the density estimate of transient However, the Seattle DOT believes that 2 groups of up to 7 transient whales killer whales is variable between this estimate is low based on local data entering into the project area and seasons and regions. Density estimates of seven transients that were reported in remaining there for three days. Since the range from 0.000575 to 0.001582/km2 in the area (Orca Network Archive Report Level A Harassment Zones of mid- summer, from 0.001583 to 0.002373/ 2016a).

TABLE 12—TRANSIENT KILLER WHALE ESTIMATED TAKE BASED ON NMSDD PRESENTED FOR COMPARISON

Level A Level B Estimated Estimated Sound source Species ZOI ZOI Days of density activity Level A Level B (km2) (km2) take take

1 ...... 0.002373 0.000004 4.8 10 0 0 2 ...... 0.002373 0.003139 91 53 0 12 3 ...... 0.002373 0.000016 2.3 64 0 0 Note: km2—square kilometers.

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Long-beaked Common Dolphin Bottlenose Dolphin taken by Level A harassment. Based on The take estimate of bottlenose U.S. Navy species density estimates The take estimate of Long-beaked (U.S. Navy 2015), instances of potential common dolphin for Pier 62 is based on dolphin for Pier 62 is based on local monitoring data. In 2017 the Orca take by Level B harassment of bottlenose local monitoring data.. In 2016, the Orca Network (2017) reported sightings of a dolphin is expected to be zero; Network (2016c) reported a pod of up to bottlenose dolphin in Puget Sound and therefore, we believe it more 20 long-beaked common dolphins. in Elliott Bay, and WSDOT observed appropriate to use local monitoring Therefore, the Seattle DOT is requesting two bottlenose dolphins in one week data. authorization for instances of take by during monitoring for the Colman Dock Harbor Porpoise Level B harassment of 20 long-beaked Multimodal Project (WSDOT 2017). In common dolphins. Since the Level A addition, a group of seven dolphins Species density estimates from Harassment Zones of mid-frequency were observed in 2017 and were Jefferson et al. (2016), is the best cetaceans are all very small (Table 7), positively identified as part of the CA available density data available for the we do not consider it likely that the coastal stock (Cascadia Research potential take of harbor porpoise and is long-beaked common dolphin would be Collective, 2017). Bottlenose dolphins shown in Table 13. Instances of take by taken by Level A harassment. Based on typically travel in groups of 2 to 15 in Level A harassment is estimated at 32 U.S. Navy species density estimates coastal waters (NOAA 2017). Therefore, harbor porpoises and instances of take (U.S. Navy 2015), potential instances the Seattle DOT is requesting instances by Level B harassment is estimated at take of long-beaked common dolphin is of takes by Level B harassment of seven 3,431 exposures to harbor porpoises. expected to be zero; therefore, we bottlenose dolphins. Since the Level A Therefore, NMFS proposes to authorize believe it more appropriate to use local Harassment Zones of mid-frequency instances take by Level A harassment of monitoring data. cetaceans are all very small (Table 7), 32 harbor porpoises and instances of we do not consider it likely that the take by Level B harassment of 3,431 common bottlenose dolphin would be harbor porpoises.

TABLE 13—HARBOR PORPOISE ESTIMATED TAKE BASED ON JEFFERSON et al., (2016)

Species Level A Level B Days of Estimated Estimated Sound source density ZOI ZOI activity Level A Level B (km2) (km2) take take

1 ...... 0.69 0.002564 4.8 10 0 33. 2 ...... 0.69 0.875111 91 53 32 3,328 (* Adjusted 3,296). 3 ...... 0.69 0.017517 2.3 64 0 102. Note: km2—square kilometers * Number of Level B takes was adjusted to exclude those already counted for Level A takes. Take is instances not individuals.

Dall’s Porpoise porpoise is based on U.S. Navy species authorize instances of take by Level A No local monitoring data of Dall’s density estimates (U.S. Navy 2015), as harassment of two Dall’s porpoise and porpoise is available. Therefore, the shown in Table 14. Based on these instances take by Level B harassment of estimated instances of take for Dall’s calculations, NMFS proposes to 196 Dall’s porpoise.

TABLE 14—DALL’S PORPOISE ESTIMATED TAKE BASED ON NMSDD PRESENTED FOR COMPARISON

Sound Species Level A ZOI Level B ZOI Days of Estimated Estimated 2 2 Level A Level B source density (km ) (km ) activity take take

1 ...... 0.039 0.002564 4.8 10 0 2. 2 ...... 0.039 0.875111 91 53 2 190 (* Adjusted 188). 3 ...... 0.039 0.017517 2.3 64 0 6. Note: km2—square kilometers. * Number of Level B takes was adjusted to exclude those already counted for Level A takes.

Humpback Whale work in Elliott Bay where two that any humpbacks would be taken by humpback whales were observed, Based on U.S. Navy species density Level A harassment during removal or estimates (U.S. Navy 2015), potential including one take, during the 175 days impact installation. We also do not take of humpback whale is shown in of work during the previous four years believe any humpbacks would be taken Table 15. Although the standard take (Anchor QEA 2014, 2015, 2016, and during vibratory installation due to the calculations would result in an 2017). Since the Level A Harassment ability to see humpbacks easily during estimated take of less than one Zones of low-frequency cetaceans are monitoring and additional coordination humpback whale, to be conservative, smaller during vibratory removal (27.3 with the Orca Network and the CWR the Seattle DOT is requesting m) or impact installation (88.6 m) which would enable the work to be shut authorization for instances of take by compared to the Level A Harassment down before a humpback would be Level B harassment of five humpback Zone for vibratory installation (504.8 m) taken by Level A harassment. whales based on take during previous (Table 7), we do not consider it likely

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TABLE 15—HUMPBACK WHALE ESTIMATED TAKE BASED ON NMSDD PRESENTED FOR COMPARISON

Sound Species Level A ZOI Level B ZOI Days of Estimated Estimated source density (km2) (km2) activity Level A take Level B take

1 ...... 0.00001 0.001171 4.8 10 0 0 2 ...... 0.00001 0.400275 91 53 0 0 3 ...... 0.00001 0.012331 2.3 64 0 0 Note: km2—square kilometers.

Gray Whale harassment of four gray whales. Since installation. We also do not believe any the Level A Harassment Zones of low- gray whales would be taken by Level A No local monitoring data of gray frequency cetaceans are smaller during harassment during vibratory installation whales is available. Therefore, the vibratory removal (27.3 m) or impact due to the ability to see gray whales instances of estimated take for gray installation (88.6 m) compared to the easily during monitoring and additional whales is based on U.S. Navy species Level A Harassment Zone for vibratory coordination with the Orca Network and density estimates (U.S. Navy 2015), as installation (504.8 m) (Table 7), we do the CWR, which would enable the work shown in Table 16. Therefore, the not consider it likely that any gray to be shut down before a gray whale Seattle DOT is requesting authorization whales would be taken by Level A would be taken by Level A harassment. for instances of take by Level B harassment during removal or impact

TABLE 16—GRAY WHALE ESTIMATED TAKE BASED ON NMSDD PRESENTED FOR COMPARISON

Sound Species Level A ZOI Level B ZOI Days of Estimated Estimated source density (km2) (km2) activity Level A take Level B take

1 ...... 0.00051 0.001171 4.8 10 0 0 2 ...... 0.00051 0.400275 91 53 0 3 3 ...... 0.00051 0.012331 2.3 64 0 1 Note: km2—square kilometers.

Minke Whale of take by Level B harassment of two not consider it likely that any minke minke whales, based on previous whales would be taken by Level A Between 2008 and 2014, the Whale sightings in the construction area by the harassment. As a comparison, based on Museum (as cited in WSDOT 2016a) Whale Museum. Based on the low U.S. Navy species density estimates reported one sighting in the relevant probability that a minke whale would be (U.S. Navy 2015), the instance of area. To be conservative the Seattle DOT observed during the project and then potential take of minke whales is is requesting authorization for instances also enter into a Level A zone, we do expected to be zero (Table 17).

TABLE 17—MINKE WHALE ESTIMATED TAKE BASED ON NMSDD PRESENTED FOR COMPARISON

Level B Species Level A ZOI Level B ZO I Days of Estimated Estimated zone density (km2) (km2) activity Level A take Level B take

1 ...... 0.00003 0.001171 4.8 10 0 0 2 ...... 0.00003 0.400275 91 53 0 <1 3 ...... 0.00003 0.012331 2.3 64 0 0 Note: km2—square kilometers.

The summary of the authorized take by Level A and Level B Harassment is described below in Table 18.

TABLE 18—SUMMARY OF REQUESTED INCIDENTAL TAKE BY LEVEL A AND LEVEL B HARASSMENT

Authorized Authorized % of Species Stock size Level A take Level B take Authorized total take population

Pacific harbor seal (Phoca 11,036 4 1,647 a ...... 1,651 ...... 14.96. vitulina). Northern elephant seal 179,000 0 1 b ...... 1 ...... Less than 1. (Mirounga angustirostris). California sea lion (Zalophus 296,750 0 1,905 c ...... 1,905 ...... Less than 1. californianus). Steller sea lion (Eumetopias 41,638 0 185 ...... 185 ...... Less than 1. jubatus).

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TABLE 18—SUMMARY OF REQUESTED INCIDENTAL TAKE BY LEVEL A AND LEVEL B HARASSMENT—Continued

Authorized Authorized % of Species Stock size Level A take Level B take Authorized total take population

Southern resident killer 83 0 23 (single occurrence of one 23 (single occurrence of one 27.1. whale DPS (Orcinus orca). pod) d. pod). Transient killer whale 240 0 42 e ...... 42 ...... 17.5. (Orcinus orca). Long-beaked common dol- 101,305 0 20 f ...... 20 ...... Less than 1. phin (Dephinus capensis). Bottlenose dolphin (Tursiops 1,924 0 7 g ...... 7 ...... Less than 1. truncatus). Harbor porpoise (Phocoena 11,233 32 3,431...... 3,463 ...... 30.82. phocoena). Dall’s porpoise 25,750 2 196 ...... 198 ...... Less than 1. (Phocoenoides dalli). Humpback whale 1,918 0 5 h ...... 5 ...... Less than 1. (Megaptera novaengliae). Gray whale (Eschrichtius 20,990 0 4 ...... 4 ...... Less than 1. robustus). Minke whale (Balaenoptera 636 0 2 i ...... 2 ...... Less than 1. acutorostrata). Note: a The take estimate is based on a maximum of 13 seals observed on a given day during the 2016 Seattle Test Pile project. The number of Level B takes was adjusted to exclude those already counted for Level A takes. b The take estimate is based on The Whale Museum (as cited in WSDOT 2016a) reporting one sighting of a northern elephant seal in the area between 2008 and 2014. c The take estimate is based on a maximum of 15 California sea lions observed on a given day during 4 monitoring seasons of the EBSP project. d The take estimate is based on a single occurrence of one pod of SRKW (i.e., J-pod of 24 SRKW) that would be most likely to be seen near Seattle. e The take estimate is based on local data which is greater than the estimates produced using the Navy density estimates. f The take estimate is based on the Orca Network (2016c) reporting a pod of up to 20 long-beaked common dolphins. g The take estimate is based on local data. A group of seven dolphins were observed in Puget Sound in 2017 and were positively identified as part of the CA coastal stock (Cascadia Research Collective, 2017). . h The take estimate is based on take during previous work in Elliott Bay, where two humpback whales were observed and is greater than what was calculated using 2015 Navy density estimates. i The take estimate is based on The Whale Museum (as cited in WSDOT 2016a) reporting one sighting in the relevant area. Although the take calculations would result in an estimated take of less than one minke whale, to be conservative the Seattle DOT is requesting take of two minke whales.

Proposed Mitigation applicable, we carefully consider two Pre-Construction Briefing primary factors: In order to issue an IHA under Seattle DOT shall conduct briefings Section 101(a)(5)(D) of the MMPA, (1) The manner in which, and the for construction supervisors and crews, NMFS must set forth the permissible degree to which, the successful the monitoring team, and Seattle DOT methods of taking pursuant to such implementation of the measure(s) is staff prior to the start of all pile driving activity, ‘‘and other means of effecting expected to reduce impacts to marine activity, and when new personnel join the least practicable impact on such mammals, marine mammal species or the work, in order to explain species or stock and its habitat, paying stocks, and their habitat. This considers responsibilities, communication particular attention to rookeries, mating the nature of the potential adverse procedures, the marine mammal grounds, and areas of similar impact being mitigated (likelihood, monitoring protocol, and operational significance, and on the availability of scope, range). It further considers the procedures. likelihood that the measure will be such species or stock for taking’’ for Bubble Curtain certain subsistence uses (latter not effective if implemented (probability of applicable for this action). NMFS accomplishing the mitigating result if A bubble curtain will be used during implemented as planned) the likelihood regulations require applicants for pile driving activities with an impact of effective implementation (probability incidental take authorizations to include hammer to reduce sound levels. Seattle implemented as planned), and; information about the availability and DOT has stated as part of their specified feasibility (economic and technological) (2) the practicability of the measures activity that they and has agreed to of equipment, methods, and manner of for applicant implementation, which employ a bubble curtain during impact conducting such activity or other means may consider such things as cost, pile driving of steel piles and will of effecting the least practicable adverse impact on operations. implement the following bubble curtain impact upon the affected species or Several measures for mitigating effects performance standards: stocks and their habitat (50 CFR on marine mammals and their habitat (i) The bubble curtain must distribute 216.104(a)(11)). from the pile installation and removal air bubbles around 100 percent of the In evaluating how mitigation may or activities at Pier 62 are described below. piling perimeter for the full depth of the water column. may not be appropriate to ensure the Timing Restrictions least practicable adverse impact on (ii) The lowest bubble curtain ring species or stocks and their habitat, as All work will be conducted during will be deployed on or as close to the well as subsistence uses where daylight hours. mudline for the full circumference of

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the ring as possible, without causing the shutdown zones; however, Seattle surrounding waters must be visible to turbidity. DOT will implement a minimum the naked eye). If a marine mammal (iii) Seattle DOT will require that shutdown zone of a 10 m radius around approaches or enters the shutdown zone construction contractors train personnel each pile for all construction methods during activities or pre-activity in the proper balancing of air flow to the for all marine mammals. Therefore, in monitoring, all pile driving activities at bubblers, and will require that some cases the shutdown zone will be that location shall be halted or delayed, construction contractors submit an slightly larger than was calculated for respectively. If pile driving is halted or inspection/performance report for the PTS isopleths as described in Table delayed due to the presence of a marine approval by Seattle DOT within 72 7 (i.e., for mid-frequency cetaceans and mammal, the activity may not resume or otariid pinnipeds). Outside of any Level hours following the performance test. commence until either the animal has A take authorized, if a marine mammal Corrections to the attenuation device to voluntarily left and been visually is observed at or within the Shutdown meet the performance standards will confirmed beyond the shutdown zone occur prior to impact driving. Zone, work will shut down (stop work) until the individual has been observed and 15 minutes have passed without re- Shutdown Zones outside of the zone, or has not been detection of the animal. Pile driving Shutdown Zones will be implemented observed for at least 15 minutes for all activities include the time to install or to protect marine mammals from Level marine mammals. A determination that remove a single pile or series of piles, A harassment (Table 20 below). The the shutdown zone is clear must be as long as the time elapsed between uses PTS isopleths described in Table 7 were made during a period of good visibility of the pile driving equipment is no more used as a starting point for calculating (i.e., the entire shutdown zone and than thirty minutes.

TABLE 20—SHUTDOWN ZONES FOR VARIOUS PILE DRIVING ACTIVITIES FOR MARINE MAMMAL HEARING GROUPS

Shutdown Zones (meters) Sound source type High- Low-frequency Mid-frequency frequency Phocid Otariid cetaceans cetaceans cetaceans pinnipeds pinnipeds

1—Vibratory (pile removal) ...... 27 10 40 17 10 2—Vibratory (installation) ...... 505 45 746 307 22 3—Impact (installation) ...... 89 10 106 47 10

Additional Shutdown Measures Seattle DOT will implement and are approaching the Level B shutdown measures if the cumulative Harassment/Monitoring Zone during in- For in-water heavy machinery total number of individuals observed water construction activities. activities other than pile driving, if a within the Level B Harassment/ marine mammal comes within 10 m, Monitoring Zones (below in Table 21) Level B Harassment/Monitoring Zones operations shall cease and vessels shall for any particular species reaches the Seattle DOT will monitor the Level B reduce speed to the minimum level number authorized under the IHA and Harassment/Monitoring Zones as required to maintain steerage and safe if such marine mammals are sighted described in Table 21. working conditions. within the vicinity of the project area

TABLE 21—LEVEL B HARASSMENT/MONITORING ZONES FOR VARIOUS PILE DRIVING ACTIVITIES

Level B Activity Construction threshold Level B ZOI 2) method (m) (km

Removal of 14-in Timber Piles ...... Vibratory ...... 1,848 4.8 Installation of 30-in Steel Piles ...... Vibratory ...... 54,117 91 Installation of 30-in Steel Piles ...... Impact ...... 2,929 2.3

Soft-Start for Impact Pile Driving Additional Coordination conducted to collect information on the presence of marine mammals within the Each day at the beginning of impact The project team will monitor and Level B Harassment/Monitoring Zones pile driving or any time there has been coordinate with local marine mammal for this project. In addition, reports will networks on a daily basis (i.e., Orca cessation or downtime of 30 minutes or be made available to interested parties Network and/or the CWR) for sightings more without impact pile driving, upon request. With this level of data and acoustic detection data to Seattle DOT will use the soft-start coordination in the region of activity, gather information on the location of technique by providing an initial set of Seattle DOT will get real-time whales prior to pile removal or pile three strikes from the impact hammer at information on the presence or absence 40 percent energy, followed by a 30- driving activities. The project team will also coordinate with WSF to discuss of whales before starting any pile secondwaiting period, then two driving or removal activities. subsequent three-strike sets. marine mammal sightings on days when pile driving and removal activities are During Season 1, Seattle DOT carried occurring on their nearby projects. out additional voluntary mitigation Marine mammal monitoring will be measures during pile driving and

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removal activities to minimize impacts Monitoring and reporting closely. If the marine mammal crosses from noise on the Seattle Aquarium’s requirements prescribed by NMFS into a Shutdown Zone, a stop-work captive marine mammals as well as for should contribute to improved order will be issued. In the event that a air and water quality concerns. These understanding of one or more of the stop-work order is triggered, the measures were successfully coordinated following: observed marine mammal(s) will be and implemented, and Seattle DOT will • Occurrence of marine mammal closely monitored while it remains in or implement the same measures during species or stocks in the area in which near the Shutdown Zone, and only Season 2 work, as follows: take is anticipated (e.g., presence, when it moves well outside of the 1. If aquarium animals are determined abundance, distribution, density). Shutdown Zone or has not been by the Aquarium veterinarian to be • Nature, scope, or context of likely observed for at least 15 minutes for distressed, Seattle DOT will coordinate marine mammal exposure to potential pinnipeds and small cetaceans and 30 with Aquarium staff to determine stressors/impacts (individual or minutes for large whales will the lead appropriate next steps, which may cumulative, acute or chronic), through monitor allow work to recommence. better understanding of: (1) Action or include suspending pile driving work Protected Species Observers for 30 minutes, provided that environment (e.g., source suspension does not pose a safety issue characterization, propagation, ambient Seattle DOT will employ NMFS- for the Pier 62 project construction noise); (2) affected species (e.g., life approved protected species observers crews. history, dive patterns); (3) co-occurrence (PSOs) to conduct marine mammal 2. Seattle DOT will make reasonable of marine mammal species with the monitoring for its Pier 62 Project. The efforts to take at least one regularly action; or (4) biological or behavioral PSOs will observe and collect data on scheduled 20-minute break in pile context of exposure (e.g., age, calving or marine mammals in and around the driving each day. feeding areas). project area for 30 minutes before, • 3. Seattle DOT will regularly Individual marine mammal during, and for 30 minutes after all pile communicate with the Aquarium staff responses (behavioral or physiological) removal and pile installation work. when pile driving is occurring. to acoustic stressors (acute, chronic, or NMFS-approved PSOs will meet the 4. Seattle DOT will further coordinate cumulative), other stressors, or following requirements: with the Aquarium to determine cumulative impacts from multiple 1. Independent observers (i.e., not appropriate methods to avoid and stressors. construction personnel) are required. • How anticipated responses to minimize impacts to water quality. 2. At least one observer must have stressors impact either: (1) Long-term 5. Seattle DOT does not anticipate the prior experience working as an observer. fitness and survival of individual project resulting in impacts associated 3. Other observers may substitute marine mammals; or (2) populations, with airborne dust. If, during education (undergraduate degree in species, or stocks. construction, odors associated with the • biological science or related field) or Effects on marine mammal habitat training for experience. project are an issue, Seattle DOT will (e.g., marine mammal prey species, coordinate with its contractor to 4. Where a team of three or more acoustic habitat, or other important observers are required, one observer determine appropriate mitigation physical components of marine measures. should be designated as lead observer or mammal habitat). monitoring coordinator. The lead Based on our evaluation of the • Mitigation and monitoring applicant’s mitigation measures, as well observer must have prior experience effectiveness. working as an observer. as other measures considered by NMFS, Marine mammal monitoring will be 5. NMFS will require submission and NMFS has preliminarily determined conducted at all times during in-water approval of observer CVs. that the mitigation measures provide the pile driving and pile removal activities 6. PSOs will monitor marine means of effecting the least practicable in strategic locations around the area of mammals around the construction site impact on the affected species or stocks potential effects as described below: and their habitat, paying particular D During pile removal or installation using high-quality binoculars (e.g., attention to rookeries, mating grounds, with a vibratory hammer, three to four Zeiss, 10 x 42 power) and/or spotting and areas of similar significance. monitors would be used, positioned scopes. Due to the different sizes of the Level B Harassment/Monitoring Zones Proposed Monitoring and Reporting such that each monitor has a distinct view-shed and the monitors collectively from different pile sizes, several In order to issue an IHA for an have overlapping view-sheds (refer to different Level B Harassment/ activity, Section 101(a)(5)(D) of the Appendix A, Figures 1–3 of the Seattle Monitoring Zones and different MMPA states that NMFS must set forth, DOT’s application). monitoring protocols corresponding to a ‘‘requirements pertaining to the D During pile driving activities with specific pile size will be established. monitoring and reporting of such an impact hammer, one monitor, based 7. If marine mammals are observed, taking.’’ The MMPA implementing at or near the construction site, will the following information will be regulations at 50 CFR 216.104 (a)(13) conduct the monitoring. documented: indicate that requests for authorizations D In the case(s) where visibility (A) Date and time that monitored must include the suggested means of becomes limited, additional land-based activity begins or ends; accomplishing the necessary monitoring monitors and/or boat-based monitors (B) Construction activities occurring and reporting that will result in may be deployed. during each observation period; increased knowledge of the species and D Monitors will record take when (C) Weather parameters (e.g., percent of the level of taking or impacts on marine mammals enter the relevant cover, visibility); populations of marine mammals that are Level B Harassment/Monitoring Zones (D) Water conditions (e.g., sea state, expected to be present in the action based on type of construction activity. tide state); area. Effective reporting is critical both D If a marine mammal approaches a (E) Species, numbers, and, if possible, to compliance as well as ensuring that Shutdown Zone, the observation will be sex and age class of marine mammals; the most value is obtained from the reported to the Construction Manager (F) Description of any observable required monitoring. and the individual will be watched marine mammal behavior patterns,

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including bearing and direction of travel In the unanticipated event that the mammal, and the lead PSO determines and distance from pile driving activity; specified activity clearly causes the take that the injury or death is not associated (G) Distance from pile driving of a marine mammal in a manner with or related to the activities activities to marine mammals and prohibited by the IHA, such as an injury authorized in the IHA (e.g., previously distance from the marine mammals to (Level A harassment), serious injury, or wounded animal, carcass with moderate the observation point; mortality, Seattle DOT would to advanced decomposition, or (H) Locations of all marine mammal immediately cease the specified scavenger damage), Seattle DOT will observations; and activities and immediately report the report the incident to the Permits and (I) Other human activity in the area. incident to the Permits and Conservation Division, Office of Protected Resources, NMFS and the Acoustic Monitoring Conservation Division, Office of Protected Resources, NMFS and the NMFS Stranding Hotline and/or by In addition, acoustic monitoring will NMFS’ West Coast Stranding email to the NMFS’ West Coast occur on up to six days per in-water Coordinator. The report must include Stranding Coordinator within 24 hrs of work season to evaluate, in real time, the following information: the discovery. Seattle DOT would sound production from construction • Time, date, and location (latitude/ provide photographs or video footage (if activities and will capture all longitude) of the incident; available) or other documentation of the hammering scenarios that may occur • Name and type of vessel involved; stranded animal sighting to NMFS. under the proposed project. Background • Vessel’s speed during and leading Activities may continue while NMFS noise recordings (in the absence of pile- up to the incident; reviews the circumstances of the related work) will also be made during • Description of the incident; incident. the study to provide a baseline • Status of all sound source use in the Acoustic Monitoring Report background noise profile. Acoustic 24 hrs preceding the incident; monitoring will follow NMFS’s 2012 • Water depth; Seattle DOT will submit an Acoustic Guidance Documents: Sound • Environmental conditions (e.g., Monitoring Report within 90 days after Propagation Modeling to Characterize wind speed and direction, sea state, completion of the in-water construction Pile Driving Sounds Relevant to Marine cloud cover, and visibility); work or the expiration of the IHA (if Mammals; Data Collection Methods to • Description of all marine mammal issued), whichever comes earlier. The Characterize Impact and Vibratory Pile observations in the 24 hrs preceding the report will provide details on the Driving Source Levels Relevant to incident; monitored piles, method of installation, • Marine Mammals; and Data Collection Species identification or monitoring equipment, and sound levels Methods to Characterize Underwater description of the animal(s) involved; documented during both the sound • Fate of the animal(s); and source measurements and the Background Sound Relevant to Marine • Mammals in Coastal Nearshore Waters Photographs or video footage of the background monitoring. NMFS will and Rivers of Washington and Oregon. animal(s) (if equipment is available). have an opportunity to provide The results and conclusions of the Activities would not resume until comments on the report or changes in acoustic monitoring will be summarized NMFS is able to review the monitoring for a third season (if and presented to NMFS with circumstances of the prohibited take. needed), and if NMFS has comments, recommendations on any modifications NMFS would work with Seattle DOT to Seattle DOT will address the comments to this plan or Shutdown Zones. determine what is necessary to and submit a final report to NMFS minimize the likelihood of further within 30 days. If no comments are Reporting Measures prohibited take and ensure MMPA received from NMFS within 30 days, the Marine Mammal Monitoring Report compliance. Seattle DOT may not draft report will be considered final. resume their activities until notified by Any comments received during that Seattle DOT will submit a draft NMFS via letter, email, or telephone. time will be addressed in full prior to marine mammal monitoring report finalization of the report. within 90 days after completion of the Reporting of Injured or Dead Marine in-water construction work, the Mammals Negligible Impact Analysis and expiration of the IHA (if issued), or 60 In the event that Seattle DOT Determination days prior to the requested date of discovers an injured or dead marine NMFS has defined negligible impact issuance of any subsequent IHA, mammal, and the lead PSO determines as ‘‘an impact resulting from the whichever sooner. The report would that the cause of the injury or death is specified activity that cannot be include data from marine mammal unknown and the death is relatively reasonably expected to, and is not sightings as described: Date, time, recent (i.e., in less than a moderate state reasonably likely to, adversely affect the location, species, group size, and of decomposition as described in the species or stock through effects on behavior, any observed reactions to next paragraph), Seattle DOT will annual rates of recruitment or survival’’ construction, distance to operating pile immediately report the incident to the (50 CFR 216.103). A negligible impact hammer, and construction activities Permits and Conservation Division, finding is based on the lack of likely occurring at time of sighting and Office of Protected Resources, NMFS adverse effects on annual rates of environmental data for the period (i.e., and the NMFS’ West Coast Stranding recruitment or survival (i.e., population- wind speed and direction, sea state, Coordinator. The report must include level effects). An estimate of the number tidal state, cloud cover, and visibility). the same information identified in the of takes alone is not enough information The marine mammal monitoring report paragraph above. Activities may on which to base an impact will also include total takes, takes by continue while NMFS reviews the determination. In addition to day, and stop-work orders for each circumstances of the incident. NMFS considering estimates of the number of species. NMFS will have an opportunity would work with Seattle DOT to marine mammals that might be ‘‘taken’’ to provide comments on the report, and determine whether modifications in the through harassment, NMFS considers if NMFS has comments, Seattle DOT activities are appropriate. other factors, such as the likely nature will address the comments and submit In the event that Seattle DOT of any responses (e.g., intensity, a final report to NMFS within 30 days. discovers an injured or dead marine duration), the context of any responses

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(e.g., critical reproductive time or adverse effects to critical habitat for the area temporarily, thus impacting location, migration), as well as effects SRKW. marine mammals’ foraging on habitat, and the likely effectiveness There is one documented harbor seal opportunities in a limited portion of the of the mitigation. We also assess the haulout area near Bainbridge Island, foraging range; but, because of the short number, intensity, and context of approximately 6 miles (9.66 km) from duration of the activities and the estimated takes by evaluating this Pier 62. The haulout, which is estimated relatively small area of the habitat that information relative to population at less than 100 animals, consists of may be affected, the impacts to marine status. Consistent with the 1989 intertidal rocks and reef areas around mammal habitat are not expected to preamble for NMFS’s implementing Blakely Rocks and is at the outer edge cause significant or long-term negative regulations (54 FR 40338; September 29, of potential effects at the outer extent consequences. Therefore, given the 1989), the impacts from other past and near Bainbridge Island (Jefferies et al. consideration of potential impacts to ongoing anthropogenic activities are 2000). The recent level of use of this marine mammal prey species and their incorporated into this analysis via their haulout is unknown. Harbor seals also physical environment, Seattle DOT’s impacts on the environmental baseline make use of docks, buoys, and beaches Pier 62 Project would not adversely (e.g., as reflected in the regulatory status in the project area, as noted in marine affect marine mammal habitat. of the species, population size and mammal monitoring reports for Season In summary and as described above, growth rate where known, ongoing 1 of the Pier 62 Project and for the EBSP the following factors primarily support sources of human-caused mortality, or (Anchor QEA 2014, 2015, 2016, and our determination that the impacts ambient noise levels). 2017).The observational data from resulting from this activity are not No serious injury or mortality is previous projects on the Seattle expected to adversely affect the species anticipated or authorized for the Pier 62 waterfront have documented only a or stocks through effects on annual rates fraction of what is calculated using the Project (Season 2). Takes that are of recruitment or survival: anticipated and authorized are expected Navy density estimates for Puget Sound; • therefore, we believe the actual take will No serious injury or mortality is to be limited to short-term Level A and anticipated or authorized. Level B (behavioral) harassment. Marine be much lower than the calculated take. • Takes that are anticipated and mammals present in the vicinity of the Similarly, the nearest Steller sea lion authorized are expected to be limited to action area and taken by Level A and haulout to the project area is located short-term Level B harassment Level B harassment would most likely approximately 6 miles away (9.66 km) (behavioral) and a small number of takes show overt brief disturbance (startle and is also on the outer edge of potential effects. This haulout is composed of net of Level A harassment for three species. reaction) and avoidance of the area from • elevated noise levels during pile driving pens offshore of the south end of The project also is not expected to and pile removal. However, many Bainbridge Island. There are four have significant adverse effects on marine mammals showed no observable documented California sea lion haulout affected marine mammals’ habitat. areas near Bainbridge Island as well, changes during Season 1 of the Pier 62 • There are no known important approximately six miles from Pier 62, project and similar project activities for feeding or pupping areas. There are and two documented haulout areas the EBSP. haulouts for California sea lions, harbor between Bainbridge Island and A fair number of instances of takes are seals and Steller sea lions. However, Magnolia (Jefferies et al. 2000). The they are at the most outer edge of the expected to be repeat takes of the same haulouts consist of buoys and floats, animals. This is particularly true for potential effects and approximately 6.6 and some are within the area of miles from Pier 62. There are no other harbor porpoise, because they generally potential effects, but at the outer extent, use subregions of Puget Sound, and the known important areas for marine and some are just outside the area of mammals. abundance of the Seattle sub-region potential effects (Jefferies et al. 2000). • For nine of the twelve species, take from the Puget Sound Study was California sea lions were also frequently is less than one percent of the stock estimated to be 147 animals, which is observed during marine mammal abundance. Instances of take for the much lower than the calculated take. monitoring for Season 1 of the Pier 62 Very few harbor porpoises have been project (average of eight sea lions) at the other three species (harbor seals, killer observed during past projects in Elliott Alki monitoring site and were whales, and harbor porpoise) range from Bay (ranging from one to five harbor frequently observed resting on two about 15–31 percent of the stock porpoises). buoys in the southwest area of Elliott abundance. One occurrence of J-pod of There are two endangered species that Bay. California sea lions were also SRKW would account for 29 percent of may occur in the project area, frequently observed during the EBSP the stock abundance. However, when humpback whales and SRKW. However, (average seven per day in 2014 and the fact that a fair number of these few humpbacks are expected to occur in 2015, and three per day in 2016 and instances are expected to be repeat takes the project area and few have been 2017; Anchor QEA 2014, 2015, 2016, of the same animals is considered, observed during previous projects in and 2017), resting on two navigational particularly for harbor porpoise, the Elliott Bay. SRKW have occurred in buoys within the project area (near Alki number of individual marine mammals small numbers in the project area. Point) and swimming along the taken is significantly lower. Seattle DOT will shut down in the Level shoreline near the project. Based on the analysis contained B Harassment/Monitoring Zones should The project also is not expected to herein of the likely effects of the they meet or exceed the take of one have significant adverse effects on specified activity on marine mammals occurrence of one pod (J-pod, 24 affected marine mammal habitat, as and their habitat, and taking into whales). analyzed in the ‘‘Potential Effects of consideration the implementation of the There is ESA-designated critical Specified Activities on Marine monitoring and mitigation measures, habitat in the vicinity of Seattle DOT’s Mammals and their Habitat’’ section. NMFS preliminarily finds that the total Pier 62 Project for SRKW. However, this Project activities would not marine mammal take from the proposed IHA is authorizing the harassment of permanently modify existing marine activity will have a negligible impact on marine mammals, not the production of mammal habitat. The activities may kill all affected marine mammal species or sound, which is what would result in some fish and cause other fish to leave stocks.

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Small Numbers numbers. Although 14.96 percent of the proposed for inclusion in the IHA (if As noted above, only small numbers stock is authorized, the estimated take issued). of incidental take may be authorized was based on a maximum number of The proposed IHA language is under Section 101(a)(5)(D) of the MMPA harbor seals observed in a day (13) and provided next. for specified activities other than is therefore conservative as to what has 1. This Authorization is valid from military readiness activities. The MMPA been observed previously. Observations August 1, 2018, through February 28, does not define small numbers and so, from Season 1 of the Pier 62 project 2019. in practice, where estimated numbers ranged from 0 to 11 harbor seals daily. 2. This Authorization is valid only for are available, NMFS compares the Based on the analysis contained herein activities associated with in-water number of individuals taken to the most of the proposed activity (including the construction work at the Seattle appropriate estimation of abundance of mitigation and monitoring measures) Department of Transportation’s (Seattle the relevant species or stock in our and the anticipated take of marine DOT) Pier 62 Project (Season 2) in determination of whether an mammals, NMFS preliminarily finds Elliott Bay, Seattle, Washington. authorization is limited to small that small numbers of marine mammals 3. General Conditions numbers of marine mammals. will be taken relative to the population (a) The species authorized for taking, Additionally, other factors may be sizes of the affected species or stocks. by Level A harassment and Level B considered in the analysis, such as the Unmitigable Adverse Impact Analysis harassment, and in the numbers shown temporal or spatial scale of the and Determination in Table 18 are: Harbor seal (Phoca vitulina), northern elephant seal activities. There are no relevant subsistence uses Take of nine of the twelve species is (Mirounga angustirostris), California sea of the affected marine mammal stocks or less than one percent of the stock lion (Zalophus californianus), Steller species implicated by this action. abundance. Instances of take for the sea lion (Eumetopias jubatus), harbor Therefore, NMFS has preliminary SRKW and transient killer whales, porpoise (Phocoena phocoena), Dall’s determined that the total taking of harbor seals, and harbor porpoise ranges porpoise (Phocoenoides dalli), long- affected species or stocks would not from about 15–31 percent of the stock beaked common dolphin (Delphinus have an unmitigable adverse impact on abundance. However, when the fact that capensis), bottlenose dolphin (Tursiops the availability of such species or stocks a fair number of these instances are truncatus), both southern resident killer for taking for subsistence purposes. expected to be repeat takes of the same whale (SRKW) and transient killer animals is considered, the number of Endangered Species Act (ESA) whale (Orcinus orca), humpback whale individual marine mammals taken is Section 7(a)(2) of the ESA of 1973 (16 (Megaptera novaeangliae), gray whale significantly lower. Specifically, for U.S.C. 1531 et seq.) requires that each (Eschrichtius robustus), and minke example, Jefferson et al., 2016 Federal agency insure that any action it whale (Balaenoptera acutorostrata). conducted harbor porpoise surveys in authorizes, funds, or carries out is not (b) The authorization for taking by eight regions of Puget Sound, and likely to jeopardize the continued harassment is limited to the following estimated an abundance of 147 harbor existence of any endangered or acoustic sources and from the following porpoise in the Seattle area (1,798 threatened species or result in the activities: porpoise in North Puget Sound and 599 destruction or adverse modification of D Impact pile driving; porpoise in South Puget Sound). While designated critical habitat. To ensure D Vibratory pile driving; and individuals do move between regions, ESA compliance for the issuance of D Vibratory pile removal we would not realistically expect that IHAs, NMFS consults internally, in this 4. Prohibitions 3000+ individuals would be exposed case with the West Coast Regional The taking, by incidental harassment around the pile driving for the Seattle Office (WCRO), whenever we propose to only, is limited to the species listed DOT’s Pier 62 Project. Considering these authorize take for endangered or under condition 3(a) above and by the factors, as well as the general small size threatened species. numbers listed in Table 18 of this of the project area as compared to the NMFS is proposing to authorize take notice. The taking by serious injury or range of the species affected, the of SRKW and humpback whales, which death of these species or the taking by numbers of marine mammals estimated are listed under the ESA. The Permit harassment, injury or death of any other to be taken are small proportions of the and Conservation Division has species of marine mammal is prohibited total populations of the affected species requested initiation of Section 7 unless separately authorized or or stocks. Further, for SRKW we consultation with the West Coast exempted under the MMPA and may acknowledge that 27.1 percent of the Regional Office for the issuance of this result in the modification, suspension, stock is authorized to be taken by Level IHA. NMFS will conclude the ESA or revocation of this Authorization. B harassment, but we believe that a consultation prior to reaching a 5. Mitigation Measures single, brief incident of take of one determination regarding the proposed The holder of this Authorization shall group of any species represents take of issuance of the authorization. be required to implement the following small numbers for that species. We mitigation measures: believe transient killer whales also Proposed Authorization represents small numbers, as the As a result of these preliminary (a) Timing Restriction estimated take is very conservative. determinations, NMFS proposes to issue In-water construction work shall Estimated take was derived on local an IHA to Seattle DOT for conducting occur only during daylight hours. data of seven transients that were piledriving activities at Pier 62 (Season observed. However to be conservative, it 2), Elliott Bay, Seattle, Washington from (b) Pre-Construction Briefing was assumed that up to two groups of August 2018 through February 2019, Seattle DOT shall conduct briefings seven transient killer whales may pass provided the previously mentioned for construction supervisors and crews, through Elliott Bay and stay in the area mitigation, monitoring, and reporting the monitoring team, and Seattle DOT for up to three days for a total of 42 requirements are incorporated. This staff prior to the start of all pile driving takes (17.5 percent of the stock). We also section contains a draft of the IHA itself. activity, and when new personnel join believe harbor seal take represents small The wording contained in this section is the work, in order to explain

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responsibilities, communication left and been visually confirmed beyond (i) If aquarium animals are procedures, the marine mammal the shutdown zone and 15 minutes have determined by the Aquarium monitoring protocol, and operational passed without re-detection of the veterinarian to be distressed, Seattle procedures. animal. Pile driving activities include DOT shall coordinate with Aquarium the time to install or remove a single staff to determine appropriate next (c) Bubble Curtain pile or series of piles, as long as the time steps, which may include suspending A bubble curtain shall be used during elapsed between uses of the pile driving pile driving work for 30 minutes, pile driving activities with an impact equipment is no more than thirty provided that suspension does not pose hammer and will be conducted using minutes. a safety issue for the Pier 62 project the following bubble curtain (f) Additional Shutdown Measures construction crews. performance standards: (ii) Seattle DOT shall make reasonable (i) The bubble curtain must distribute (i) For in-water heavy machinery efforts to take at least one regularly air bubbles around 10 percent of the activities other than pile driving, if a scheduled 20-minute break in pile piling perimeter for the full depth of the marine mammal comes within 10 m, driving each day. water column. operations shall cease and vessels shall (iii) Seattle DOT shall regularly (ii) The lowest bubble curtain ring reduce speed to the minimum level communicate with the Aquarium staff shall be deployed on or as close to the required to maintain steerage and safe when pile driving is occurring. mudline for the full circumference of working conditions. (iv) Seattle DOT shall further the ring as possible, without causing (ii) Seattle DOT shall implement coordinate with the Aquarium to turbidity. shutdown measures if the cumulative determine appropriate methods to avoid (iii) Seattle DOT shall require that total of individuals observed within the and minimize impacts to water quality. construction contractors train personnel Level B Harassment/Monitoring Zones (v) Seattle DOT does not anticipate in the proper balancing of air flow to the for any particular species exceeds the the project resulting in impacts bubblers, and shall require that number authorized under the IHA and associated with airborne dust. If, during construction contractors submit an if such marine mammals are sighted construction, odors associated with the inspection/performance report for within the vicinity of the project area project are an issue, Seattle DOT shall approval by Seattle DOT within 72 and are approaching the Level B coordinate with its contractor to hours following the performance test. Harassment/Monitoring Zones during determine appropriate mitigation Corrections to the attenuation device to in-water construction activities. measures. meet the performance standards shall (g) Soft-Start for Impact Pile Driving 6. Monitoring occur prior to impact driving. Each day at the beginning of impact (a) Protected Species Observers (d) Level B Harassment/Monitoring pile driving or any time there has been Seattle DOT shall employ NMFS- Zones cessation or downtime of 30 minutes or approved PSOs to conduct marine Seattle DOT shall implement the more without pile driving, contractors mammal monitoring for its construction Level B Harassment/Monitoring Zones shall initiate soft-start for impact project. NMFS-approved PSOs shall as described in Table 5 of this notice. hammers by providing an initial set of meet the following qualifications. three strikes from the impact hammer at (i) Independent observers (i.e., not (e) Shutdown Zones 40 percent energy, followed by a 30- construction personnel) are required. (i) Seattle DOT shall implement second waiting period, then two (ii) At least one observer must have shutdown measures if a marine mammal subsequent three-strike sets. prior experience working as an observer. is detected within or approaching the (iii) Other observers may substitute (h) Additional Coordination Shutdown Zones as outlined in Table 7. education (undergraduate degree in Seattle DOT shall implement a The project team shall monitor and biological science or related field) or minimum shutdown zone of 10 m coordinate with local marine mammal training for experience. radius around each pile for all sighting networks (i.e., The Orca (iv) Where a team of three or more construction methods for all marine Network and/or The Center for Whale observers are required, one observer mammals. Research) on a daily basis for sightings should be designated as lead observer or (ii) If a marine mammal is observed at data and acoustic detection data to monitoring coordinator. The lead or within the Shutdown Zone, work gather information on the location of observer must have prior experience shall stop until the individual has been whales prior to initiating pile removal working as an observer. observed outside of the zone, or has not or pile removal activities. The project (v) NMFS shall require submission been observed for at least 15 minutes for team shall also coordinate with WSF to and approval of observer CVs. all marine mammals. discuss marine mammal sightings on (iii) A determination that the days when pile driving and removal (b) Monitoring Protocols shutdown zone is clear must be made activities are occurring on their nearby PSOs shall be present on site at all during a period of good visibility (i.e., projects. In addition, reports shall be times during pile removal and driving. the entire shutdown zone and made available to interested parties Marine mammal visual monitoring will surrounding waters must be visible to upon request. With this level of be conducted for different Level B the naked eye). coordination in the region of activity, Harassment/Monitoring Zones based on (iv) If a marine mammal approaches Seattle DOT shall obtain real-time different sizes of piles being driven or or enters the shutdown zone during information on the presence or absence removed. activities or pre-activity monitoring, all of whales before starting any pile (i) A 30-minute pre-construction pile driving activities at that location driving or removal activities. marine mammal monitoring shall be shall be halted or delayed, respectively. In addition, to minimize impacts from required before the first pile driving or If pile driving is halted or delayed due noise on the Seattle Aquarium’s captive pile removal of the day. A 30-minute to the presence of a marine mammal, the marine mammals as well as for air and post-construction marine mammal activity may not resume or commence water quality concerns, Seattle DOT monitoring shall be required after the until either the animal has voluntarily shall implement the following: last pile driving or pile removal of the

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day. If the constructors take a break (I) Other human activity in the area. • Environmental conditions (e.g., between subsequent pile driving or pile (ix) Acoustic Monitoring—Seattle wind speed and direction, sea state, removal for more than 30 minutes, then DOT shall conduct acoustic monitoring cloud cover, and visibility); additional 30-minute pre-construction up to six days per in-water work season • Description of all marine mammal marine mammal monitoring shall be to evaluate, in real time, sound observations in the 24 hrs preceding the required before the next start-up of pile production from construction activities incident; and shall capture all hammering driving or pile removal. • (ii) During pile removal or installation scenarios that may occur under the Species identification or with a vibratory hammer, three to four planned project. Background noise description of the animal(s) involved; monitors shall be used, positioned such recordings (in the absence of pile- • Fate of the animal(s); and that each monitor has a distinct view- related work) shall also be made during • Photographs or video footage of the shed and the monitors collectively have the study to provide a baseline animal(s) (if equipment is available). overlapping view-sheds. background noise profile. Acoustic (iii) During pile driving activities with monitoring shall follow NMFS’s 2012 Activities would not resume until an impact hammer, one monitor, based Guidance Documents: Sound NMFS is able to review the at or near the construction site, shall Propagation Modeling to Characterize circumstances of the prohibited take. conduct the monitoring. Pile Driving Sounds Relevant to Marine NMFS shall work with Seattle DOT to (iv) Where visibility becomes limited, Mammals; Data Collection Methods to determine what is necessary to additional land-based monitors and/or Characterize Impact and Vibratory Pile minimize the likelihood of further boat-based monitors shall be deployed. Driving Source Levels Relevant to prohibited take and ensure MMPA (v) Monitors shall record take when Marine Mammals; and Data Collection compliance. Seattle DOT shall not marine mammals enter their relevant Methods to Characterize Underwater resume their activities until notified by Level B Harassment/Monitoring Zones Background Sound Relevant to Marine NMFS via letter, email, or telephone. based on type of construction activity. Mammals in Coastal Nearshore Waters (b) Reporting of Injured or Dead Marine (vi) If a marine mammal approaches a and Rivers of Washington and Oregon. Mammals Shutdown Zone, the observation shall 7. Reporting be reported to the Construction Manager (i) In the event that Seattle DOT (a) Marine Mammal Monitoring and the individual shall be watched discovers an injured or dead marine closely. If the marine mammal crosses (i) Seattle DOT shall submit a draft mammal, and the lead PSO determines into a Shutdown Zone, a stop-work marine mammal monitoring report that the cause of the injury or death is order shall be issued. In the event that within 90 days after completion of the unknown and the death is relatively a stop-work order is triggered, the in-water construction work, the recent (i.e., in less than a moderate state observed marine mammal(s) shall be expiration of the IHA (if issued), of decomposition as described in the closely monitored while it remains in or whichever comes earlier. The report next paragraph), Seattle DOT shall near the Shutdown Zone, and only shall include data from marine mammal immediately report the incident to the when it moves well outside of the sightings as described in 6(b)(viii).The Permits and Conservation Division, Shutdown Zone or has not been marine mammal monitoring report shall Office of Protected Resources, NMFS observed for at least 15 minutes for also include total takes, takes by day, and the NMFS’ West Coast Stranding pinnipeds and small cetaceans and 15 and stop-work orders for each species. Coordinator. The report must include minutes for large whales will the lead (ii) If no comments are received from the same information identified in monitor allow work to recommence. NMFS, the draft report shall be 7(a)(iii). Activities may continue while (vii) PSOs shall monitor marine considered the final report. Any NMFS reviews the circumstances of the mammals around the construction site comments received during that time incident. NMFS shall work with Seattle using high-quality binoculars (e.g., shall be addressed in full prior to DOT to determine whether Zeiss, 10 x 42 power) and/or spotting finalization of the report. modifications in the activities are scopes. (iii) In the unanticipated event that appropriate. (viii) If marine mammals are the specified activity clearly causes the observed, the following information take of a marine mammal in a manner (ii) In the event that Seattle DOT shall be documented: prohibited by the IHA (if issued), such discovers an injured or dead marine (A) Date and time that monitored as an injury (Level A harassment) of mammal, and the lead PSO determines activity begins or ends; unauthorized species, or serious injury, that the injury or death is not associated (B) Construction activities occurring or mortality of any species, Seattle DOT with or related to the activities during each observation period; shall immediately cease the specified authorized in the IHA (e.g., previously (C) Weather parameters (e.g., percent activities and immediately report the wounded animal, carcass with moderate cover, visibility); incident to the Permits and to advanced decomposition, or (D) Water conditions (e.g., sea state, Conservation Division, Office of scavenger damage), Seattle DOT shall tide state); Protected Resources, NMFS and the report the incident to the Permits and (E) Species, numbers, and, if possible, NMFS’ West Coast Stranding Conservation Division, Office of sex and age class of marine mammals; Coordinator. The report must include Protected Resources, NMFS and the (F) Description of any observable the following information: NMFS Stranding Hotline and/or by marine mammal behavior patterns, • Time, date, and location (latitude/ email to the NMFS’ West Coast including bearing and direction of travel longitude) of the incident; Stranding Coordinator within 24 hrs of and distance from pile driving activity; • Name and type of vessel involved; the discovery. Seattle DOT shall provide (G) Distance from pile driving • Vessel’s speed during and leading photographs or video footage (if activities to marine mammals and up to the incident; available) or other documentation of the distance from the marine mammals to • Description of the incident; stranded animal sighting to NMFS. the observation point; • Status of all sound source use in the Activities may continue while NMFS (H) Locations of all marine mammal 24 hrs preceding the incident; reviews the circumstances of the observations; and • Water depth; incident.

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(c) Acoustic Monitoring Report • The request for renewal must Pilot Effective date: July 1, 2018. Seattle DOT shall submit an Acoustic include the following: Duration: Requests to participate in Monitoring Report within 90 days after (1) An explanation that the activities the PCT CS&E pilot project may be filed completion of the in-water construction to be conducted beyond the initial dates with international applications filed work, expiration of the IHA (if issued), either are identical to the previously through the receiving Office of one of or 60 days prior to the requested date of analyzed activities or include changes the IP5 Offices or the International issuance of any subsequent IHA, so minor (e.g., reduction in pile size) Bureau of the World Intellectual whichever sooner. The report shall that the changes do not affect the Property Organization (WIPO) until June provide details on the monitored piles, previous analyses, take estimates, or 30, 2020. During each year, the USPTO, method of installation, monitoring mitigation and monitoring in its capacity as the main International equipment, and sound levels requirements. Searching Authority, will accept a total documented during both the sound (2) A preliminary monitoring report of 50 international applications into the source measurements and the showing the results of the required pilot. background monitoring. NMFS shall monitoring to date and an explanation FOR FURTHER INFORMATION CONTACT: have an opportunity to provide showing that the monitoring results do Inquiries regarding the handling of any comments on the report or changes in not indicate impacts of a scale or nature specific application participating in the not previously analyzed or authorized. pilot may be directed to Daniel Hunter, monitoring for the second season, and if • NMFS has comments, Seattle DOT shall Upon review of the request for Director of International Work Sharing, address the comments and submit a renewal, the status of the affected Planning, and Implementation, Office of final report to NMFS within 30 days. If species or stocks, and any other International Patent Cooperation, by no comments are received from NMFS pertinent information, NMFS telephone at (571) 272–8050 or by email within 30 days, the draft report shall be determines that there are no more than to [email protected]. Inquiries considered final. Any comments minor changes in the activities, the concerning this notice may be directed received during that time shall be mitigation and monitoring measures to Michael Neas, Deputy Director, addressed in full prior to finalization of remain the same and appropriate, and International Patent Legal the report. the original findings remain valid. Administration, by phone (571) 272– 8. This Authorization may be Elaine T. Saiz, 3289 or by email to michael.neas@ uspto.gov. modified, suspended or withdrawn if Acting Deputy Director, Office of Protected the holder fails to abide by the Resources, National Marine Fisheries Service. SUPPLEMENTARY INFORMATION: conditions prescribed herein or if NMFS [FR Doc. 2018–13803 Filed 6–26–18; 8:45 am] I. Concept determines the authorized taking is BILLING CODE 3510–22–P having more than a negligible impact on The concept of CS&E under the PCT the species or stock of affected marine refers to the collaboration of examiners mammals. DEPARTMENT OF COMMERCE from different International Searching 9. A copy of this Authorization must Authorities in different regions and with be in the possession of each contractor Patent and Trademark Office different working languages on one who performs the construction work at [Docket No.: PTO–P–2018–0032] international application for the the Pier 62 Project. establishment of an international search report and written opinion under PCT Request for Public Comments Patent Cooperation Treaty Collaborative Search and Examination Chapter I, which, although remaining We request comment on our analyses, Pilot Project Between the IP5 Offices the opinion of the chosen International the proposed authorization, and any Search Authority, is based on other aspect of this Notice of Proposed AGENCY: United States Patent and contributions from all participating IP5 IHA for the proposed pile driving Trademark Office, Commerce. Offices. activities by Seattle DOT. We also ACTION: Notice. Under the pilot project, the examiner request comment on the potential for of the IP5 Office from the chosen renewal of this proposed IHA as SUMMARY: The United States Patent and International Searching Authority under described in the paragraph below. Trademark Office (USPTO), the PCT Rule 35 for a given international Please include with your comments any European Patent Office (EPO), the Japan application (‘‘the main examiner’’) supporting data or literature citations to Patent Office (JPO), the Korean works on the application by conducting help inform our final decision on the Intellectual Property Office (KIPO) and the search and examination and by request for MMPA authorization. the State Intellectual Property Office of establishing a provisional international On a case-by-case basis, NMFS may the People’s Republic of China (SIPO), search report and written opinion. issue a subsequent one-year IHA referred to collectively as the IP5 These provisional work products are without additional notice when (1) Offices, will launch a pilot project on transmitted to examiners from the other another year of identical or nearly Collaborative Search and Examination participating IP5 Offices in their identical activities as described in the (CS&E) under the Patent Cooperation capacity as an International Searching Specified Activities section is planned Treaty (PCT). This will be the third such Authority (‘‘the peer examiners’’). Each or (2) the activities would not be pilot. The USPTO, the EPO, and the peer examiner provides the main completed by the time the IHA expires KIPO conducted two previous pilots in examiner with his contribution, in light and a subsequent IHA would allow for 2010 and in 2011–2012. The third pilot of the provisional international search completion of the activities beyond that is needed to further develop and test the report and written opinion. The final described in the Dates and Duration concept amongst all the IP5 Offices. In international search report and written section, provided all of the following particular, this IP5 pilot project aims at opinion are subsequently established by conditions are met: assessing user interest for a CS&E the main examiner after having taken • A request for renewal is received no product and the expected efficiency into consideration the contributions of later than 60 days prior to expiration of gains for the IP5 Offices. the peer examiners. Further details the current IHA. DATES: regarding the implementation of the

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CS&E concept within the framework of of the acceptance or refusal of the The main International Searching this pilot project are provided below. request for participation in the pilot Authority will consider the using Form PCT/ISA/224 contributions received from the peer II. Framework (Communication in Cases for Which No International Searching Authorities and Under the pilot project, with a view Other Form Is Applicable). prepare the final international search to assessing the users’ interest for a The main International Searching report (Form PCT/ISA/210) (or, where CS&E product, international Authority will perform the search and appropriate, declaration of non- applications processed under the examination as it would for any other establishment of international search collaborative scheme will be selected by international application not processed report (Form PCT/ISA/203)) and written applicants (‘‘applicant-driven under this pilot. It will establish a opinion (Form PCT/ISA/237) in light of approach’’), whereas, under the two provisional international search report these contributions. The main previous pilot projects, the applications (Form PCT/ISA/210) (or, where International Searching Authority will were selected by the participating IP5 appropriate, declaration of non- strive to establish these final work Offices. establishment of international search products within the time limit under Applicants wishing to participate in report (Form PCT/ISA/203)) and written PCT Rule 42.1; however, compliance the pilot project must submit a request opinion (Form PCT/ISA/237), and, with this time limit may not be for participation in the pilot on a where applicable, a record of the search guaranteed due to the collaborative standard participation form and file it strategy. The form and content of the nature of the pilot project, which together with the international record of the search strategy will inherently results in additional application at the receiving Office of generally be according to the current administrative burdens. The final work one of the IP5 Offices or the practice of each International Searching products will be transmitted to the International Bureau. The participation Authority. applicant and the International Bureau. form is available in all official languages The main International Searching of the IP5 Offices on WIPO’s website at Authority will transmit the above Final CS&E work products will be http://www.wipo.int/pct/en/filing/ mentioned provisional work products to identified, either by a direct indication cse.html. the peer International Searching in box V of Form PCT/ISA/237 or at the For international applications filed in Authorities, where a peer examiner will top of a supplemental sheet referenced English, requests for participation in the prepare a contribution to the final work in said box, as the result of the pilot may be filed beginning July 1, product, taking into consideration the collaboration under the pilot, which 2018. Each applicant will be able to provisional work products prepared by does not necessarily reflect the opinions select only a limited number of the main International Searching of all IP5 Offices. Only the final CS&E international applications for inclusion Authority and performing additional work product may serve as a basis for in the program. searching to the extent deemed requesting participation in a Patent Initially, only international necessary. Prosecution Highway (PPH) pilot applications filed in English will be With respect to the handling of cases program. accepted into the pilot. Eventually, lacking unity of invention by the peer All exchanges of documents and international authorities that work in International Searching Authorities, a information among the IP5 Offices will languages other than English will accept principle of the first invention will be be carried out via an ePCT-based international applications filed in those followed. This means that each main platform allowing a secure and languages into the pilot. Each main International Searching Authority confidential data transmission. This International Searching Authority that proceeds with the non-unity procedure ePCT-based platform is provided and will accept international applications according to its own standard practice, maintained by the International Bureau. filed in a language other than English while the provisional work products In this pilot project, the international will inform the applicants accordingly submitted to the peer International search fee charged by each IP5 Office by a communication published on its Searching Authorities are based only on website. Such communication will the invention first mentioned in the remains unchanged. Therefore, specify the additional languages that claims as determined by the main applicants participating in this pilot will be accepted by a main International International Searching Authority. Peer will pay only the standard fee for a PCT Searching Authority for the purposes of examiners will focus their searches on Chapter I search at the chosen this pilot and the date as of which what they determine to be the first International Searching Authority. requests for participation in the pilot invention, regardless of whether the However, if following this pilot the may be filed in such languages. The provisional work products are directed CS&E product is implemented as a USPTO in its capacity as an to one or more inventions. regular product under the PCT, International Searching Authority only Each peer International Searching applicants will have to pay a specific fee accepts applications in English. Authority will transmit its contribution for such product (the CS&E fee). The The receiving Office will transmit the to the main International Searching maximum prospective amount of the participation form to the International Authority using a standard peer CS&E fee is the aggregated amount of Bureau and the main International contribution form. Depending on its the search fees of the participating Searching Authority as part of the practice, each peer International International Searching Authorities plus record copy and search copy, Searching Authority will either record an administrative fee to cover the respectively. Upon receipt of the search its contribution directly on the peer collaboration costs. copy, the main International Searching contribution form or use the peer Towards the end of the pilot project, Authority will determine if the request contribution form as a cover sheet for participating applicants will be asked to for participation in the pilot may be the standard forms PCT/ISA/210 and complete a questionnaire about their accepted based on whether the PCT/ISA/237. Peer contribution forms interest for a regular CS&E product applicable requirements detailed below and peer contributions attached to such under the PCT. Responses to the in part III are met. The International forms, if any, will be made available as questionnaire will be taken into account Searching Authority will notify the separate documents in WIPO’s by the IP5 Offices in the assessment of applicant and the International Bureau PATENTSCOPE. the pilot project.

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III. Requirements and Limitations for (b) The main International Searching ACTION: Notice of proposed amendments Participation Authority must not have accepted 100 to the Manual for Courts-Martial, United Applicants who would like to international applications into the pilot. States (2016 ed.) and notice of public participate in the pilot project must be The USPTO, in its capacity as the main meeting. International Searching Authority, will aware of both the following SUMMARY: The Department of Defense requirements to be met by applicants accept 50 applications during the first year of the pilot, that is from July 1, requests comments on proposed and the following limitations set by the changes to the Manual for Courts- IP5 Offices. 2018, to June 30, 2019, and 50 applications during the second year of Martial, United States (2016 ed.) (MCM). A. Requirements To Be Met by the pilot, that is from July 1, 2019, to The proposed changes concern the rules Applicants June 30, 2020. of procedure and evidence applicable in (c) The main International Searching trials by courts-martial as well as The following requirements must be amendments to portions of the MCM met by applicants wishing to participate Authority must not determine that there is a defect in the application (e.g., the discussing the punitive articles of the in the pilot project: Uniform Code of Military Justice. The (a) The request for participation in the application does not contain a sequence listing portion of the description and/or approval authority for these changes is pilot must be submitted on the standard the President. These proposed changes participation form and filed together a copy of a sequence listing in computer readable form as provided for in the have not been coordinated within the with the international application. Department of Defense under DoD (b) The participation form and the Administrative Instructions under the PCT) impeding the processing of the Directive 5500.01, ‘‘Preparing, international application must be filed Processing and Coordinating at the receiving Office of one of the IP5 application according to the timeline for the collaborative process. Legislation, Executive Orders, Offices or at the International Bureau as Proclamations, Views Letters, and receiving Office, and the applicant must IV. Duration Testimony,’’ June 15, 2007, and do not select one of the IP5 Offices as the main The pilot project is divided into two constitute the official position of the International Searching Authority under Department of Defense, the Military PCT Rule 35. For example, U.S. phases, a preparatory phase and an operational phase. The preparatory Departments, or any other Government applicants filing with the USPTO or the agency. International Bureau as receiving Office phase started on June 2, 2016, and was dedicated to the administrative and DATES: Comments on the proposed may select the USPTO, the EPO, the changes must be received no later than KIPO, or the JPO as International practical preparations required for a smooth functioning of the pilot. The August 27, 2018. A public meeting for Searching Authority, subject to certain comments will be held on July 11, 2018, limitations as described in the PCT operational phase will start on July 1, 2018, and will be dedicated to the at 1:30 p.m. in the United States Court Applicant’s Guide, Annex C/US. of Appeals for the Armed Forces (c) Where the participation form and processing of applications under the collaborative scheme, the monitoring of building, 450 E Street NW, Washington the international application are filed DC 20442–0001. with the USPTO, they must be filed in applications for evaluation purposes, ADDRESSES: You may submit comments, electronic form via the USPTO’s EFS- and the assessment of the outcome of identified by docket number and title, Web system. The participation form the pilot. The operational phase will last by any of the following methods: must be loaded into EFS-Web as a for a period of three years ending on July 1, 2021, and will include an • Federal eRulemaking Portal: http:// separate document using document www.regulations.gov. Follow the description ‘‘Request to Participate in evaluation of the impact of the pilot on examination during the subsequent instructions for submitting comments. PCT CS&E Pilot.’’ This is true even • national/regional stages. Requests for Mail: Department of Defense, Office where the participation form is prepared of the Deputy Chief Management using WIPO’s ePCT system since EFS- participation in the pilot will be accepted only during the first two years Officer, Directorate for Oversight and Web only extracts the PCT Request form Compliance, 4800 Mark Center Drive, and Fee Calculation sheet from ePCT or of the operational phase, i.e., from July 1, 2018, to June 30, 2020. Mailbox #24, Suite 08D09, Alexandria, PCT Safe zip files. VA 22350–1700. (d) The participation form and the Dated: June 21, 2018. Instructions: All submissions received international application must be filed Andrei Iancu, must include the agency name and in English when they are filed with the Under Secretary of Commerce for Intellectual docket number for this Federal Register USPTO. As noted above, the other IP5 Property and Director of the United States document. The general policy for Offices will initially only accept Patent and Trademark Office. comments and other submissions from applications filed in English and will [FR Doc. 2018–13800 Filed 6–26–18; 8:45 am] members of the public is to make these announce when they are prepared to BILLING CODE 3510–16–P submissions available for public accept applications in languages other viewing on the internet at http:// than English. www.regulations.gov as they are B. Limitations Set by the IP5 Offices DEPARTMENT OF DEFENSE received without change, including any personal identifiers or contact The following limitations related to information. organizational aspects of the pilot must Office of the Secretary be complied with for the main FOR FURTHER INFORMATION CONTACT: International Searching Authority to [Docket ID DOD–2018–OS–0039] Lieutenant Alexandra Nica, JAGC, USN, accept a request for participation in the Executive Secretary, JSC, (202) 685– Manual for Courts-Martial; Proposed 7058, [email protected]. The JSC pilot: Amendments (a) The applicant must not have had website is located at http:// ten international applications accepted AGENCY: Joint Service Committee on jsc.defense.gov. in the pilot by the same main Military Justice (JSC), Department of SUPPLEMENTARY INFORMATION: This International Searching Authority. Defense. notice is provided in accordance with

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DoD Instruction 5500.17, ‘‘Role and (A) Apprehended, on reasonable (b) Mil. R. Evid. 315(d) is amended Responsibilities of the Joint Service grounds, that bodily harm was about to and reads as follows: Committee (JSC) on Military Justice,’’ be inflicted wrongfully on the accused; ‘‘(d) Who May Authorize. A search February 21, 2018. and authorization under this rule is valid The JSC invites members of the public (B) In order to deter the assailant, only if issued by an impartial individual to comment on the proposed changes; offered but did not actually inflict or in one of the categories set forth in such comments should address specific attempt to inflict substantial or grievous subdivisions (d)(1), (d)(2), and (d)(3). recommended changes and provide bodily harm. Only a military judge may issue a supporting rationale. (3) Other assaults. It is a defense to warrant for wire or electronic This notice also sets forth the date, any assault punishable under Article 89, communications under this rule. An time, and location for a public meeting 91, or 128 and not listed in paragraphs otherwise impartial authorizing official of the JSC to discuss the proposed (e)(1) or (2) of this rule that the accused: does not lose impartiality merely changes. (A) Apprehended, upon reasonable because he or she is present at the scene This notice is intended only to grounds, that bodily harm was about to of a search or is otherwise readily improve the internal management of the be inflicted wrongfully on the accused; available to persons who may seek the Federal Government. It is not intended and issuance of a search authorization; nor to create any right or benefit, (B) Believed that the force that the does such an official lose impartiality substantive or procedural, enforceable at accused used was necessary for merely because the official previously law by any party against the United protection against bodily harm, and impartially authorized investigative States, its agencies, its officers, or any provided that the force used by the activities when such previous person. accused was less than the force authorization is similar in intent or The proposed amendments to the inflicting substantial or grievous bodily function to a pretrial authorization MCM are as follows: harm.’’ made by the United States district courts. Section 1. Part II of the Manual for (c) R.C.M. 920(g) is new and reads as (1) Commander. A commander or Courts-Martial, United States as follows: other person serving in a position amended by E.O. 13825 is further ‘‘(g) Waiver. Instructions on a lesser designated by the Secretary concerned amended as follows: included offense shall not be given as either a position analogous to an (a) R.C.M. 705(d)(1) is amended and when both parties waive such an officer in charge or a position of reads as follows: instruction. After receiving applicable command, who has control over the ‘‘(1) In general. Subject to such notification of those lesser included place where the property or person to be limitations as the Secretary concerned offenses of which an accused may be searched is situated or found, or, if that may prescribe pursuant to R.C.M. convicted, the parties may waive the place is not under military control, 705(a), a plea agreement that limits the reading of a lesser included offense having control over persons subject to sentence that can be imposed by the instruction. A written waiver is not required. The accused must military law or the law of war; court-martial for one or more charges (2) Military Judge or Magistrate. A affirmatively acknowledge that he or she and specifications may contain: military judge or magistrate if understands the rights involved and (A) A limitation on the maximum authorized under regulations prescribed affirmatively waives the instruction on punishment that can be imposed by the by the Secretary of Defense or the the record. The accused’s waiver must court-martial; Secretary concerned; or (B) a limitation on the minimum be made freely, knowingly, and (3) Other competent search authority. punishment that can be imposed by the intelligently. In the case of a joint or A competent, impartial official as court-martial; common trial, instructions on a lesser designated under regulations by the (C) limitations on the maximum and included offense shall not be given as to Secretary of Defense or the Secretary minimum punishments that can be an individual accused when that concerned as an individual authorized imposed by the court-martial; or, accused and the government agree to to issue search authorizations under this (D) a specified sentence or portion of waive such an instruction.’’ rule.’’ a sentence that shall be imposed by the (d) R.C.M. 1208(c) is new and reads as Section 3. Part IV of the Manual for court-martial.’’ follows: Courts-Martial, United States as (b) R.C.M. 916(e) is amended and ‘‘(c) Effective date of sentences. The amended by E.O. 13825 is further reads as follows: effective date of portions of a sentence amended as follows: ‘‘(e) Self-defense. adjudged at a new trial, other trial, or (a) Paragraph 20.c is amended as (1) Homicide or assault cases rehearing shall be calculated without follows: involving deadly force. It is a defense to regard to any previous adjudged ‘‘c. Explanation. a homicide, assault involving deadly sentence. The effective dates shall not (1) In general. The prevention of force, or battery involving deadly force relate back to any previously adjudged inappropriate sexual activity by trainers, that the accused: sentence.’’ recruiters, and drill instructors with (A) Apprehended, on reasonable Section 2. Part III of the Manual for recruits, trainees, students attending grounds, that death or grievous bodily Courts-Martial, United States as service academies, and other potentially harm was about to be inflicted amended by E.O. 13825 is further vulnerable persons in the initial training wrongfully on the accused; and amended as follows: environment is crucial to the (B) Believed that the force the accused (a) Mil. R. Evid. 315(b)(3) is new and maintenance of good order and military used was necessary for protection reads as follows: discipline. Military law, regulation, and against death or grievous bodily harm. ‘‘(3) ‘‘Warrant for Wire or Electronic custom invest officers, non- (2) Certain aggravated assault cases. It Communications’’ means a warrant commissioned officers, drill instructors, is a defense to assault with a dangerous issued by a military judge pursuant to recruiters, cadre, and others with the weapon or assault in which substantial 18 U.S.C. 2703(a), (b)(1)(A), or (c)(1)(A) right and obligation to exercise control or grievous bodily harm is inflicted that in accordance with 10 U.S.C. 846(d)(3) over those they supervise. In this the accused: and R.C.M. 309(b)(2) and R.C.M. 703A.’’ context, inappropriate sexual activity

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between recruits/trainees and their evaluations, decisions concerning pay, www.regulations.gov as they are respective recruiters/trainers is benefits, awards, or training, relief and received without change, including any inherently destructive to good order and removal, discharge, and any other personal identifiers or contact discipline. personnel actions as defined by law or information. (2) Prohibited activity. The regulation such as 5 U.S.C. 2302.’’ FOR FURTHER INFORMATION CONTACT: To responsibility for identifying request more information on this relationships subject to this offense and Dated: June 21, 2018. proposed information collection or to those outside the scope of this offense Aaron T. Siegel, obtain a copy of the proposal and is entrusted to the individual Services to Alternate OSD Federal Register Liaison determine and specify by appropriate Officer, Department of Defense. associated collection instruments, please write to ODASD (Supply Chain regulations. This offense is intended to [FR Doc. 2018–13783 Filed 6–26–18; 8:45 am] Integration), 3500 Defense Pentagon RM cover those situations which involve the BILLING CODE 5001–06–P improper use of authority by virtue of 1E518, Washington DC 20301–3500, an individual’s position in either a Anthony VanBuren, training or recruiting environment. Not DEPARTMENT OF DEFENSE [email protected] or all contact or associations are prohibited (571) 372–5259. by this article. Service regulations must Office of the Secretary SUPPLEMENTARY INFORMATION: consider circumstances where pre- [Docket ID: DOD–2018–OS–0037] Title: Associated Form; and OMB existing relationships (for example, Number: Defense Materiel Disposition marriage relationships) exist. Proposed Collection; Comment Procedures for the Sale of DoD Materiel; Additionally, this offense only Request DRMS 1645, DRMS 2006, SF 114–A; criminalizes activity occurring when OMB Control Number 0704–0534. AGENCY: Under Secretary of Defense for there is a training or recruiting Needs and Uses: This collection Acquisition and Sustainment, DoD. relationship between the accused and allows the Department of Defense (DoD) the alleged victim of this offense. ACTION: Information collection notice. and its representatives to assess the ability of prospective purchasers to (3) Knowledge. The accused must SUMMARY: In compliance with the comply with applicable laws and have actual or constructive knowledge Paperwork Reduction Act of 1995, the regulations before the sale of materiel. that a person was a ‘‘specially protected Defense Logistics Agency announces a Defense Reutilization and Marketing junior member of the armed forces’’ or proposed public information collection Service (DRMS) Form 1645, ‘‘Statement an ‘‘applicant for military service’’ (as and seeks public comment on the of Intent,’’ and Standard Form (SF) 114– those terms are defined in this offense). provisions thereof. Comments are A, ‘‘Sale of Government Property—Item Knowledge may be proved by invited on: Whether the proposed Bid Page—Sealed Bid,’’ are used to circumstantial evidence. collection of information is necessary identify the nature of the purchaser’s (4) Consent. Consent is not a defense for the proper performance of the business, where the materials will be to this offense.’’ functions of the agency, including (d) Paragraph 69.c.(1) is amended and stored, and what the buyer’s intentions whether the information shall have reads as follows: are with the materiel (i.e., use the practical utility; the accuracy of the ‘‘(1) ‘‘Access’’ means to gain entry to, materiel as intended, re-sell to others, agency’s estimate of the burden of the instruct, cause input to, cause output scrap the materiel for recovery of proposed information collection; ways from, cause data processing with, or contents, or re-refine or re-process the to enhance the quality, utility, and communicate with, the logical, materiel). These forms are used to clarity of the information to be arithmetical, or memory function determine if DRMS Form 2006, ‘‘Pre- collected; and ways to minimize the resources of a computer, computer Award/Post-Award On-Site Review,’’ burden of the information collection on system, or computer network.’’ will also be needed; DRMS Form 2006 respondents, including through the use (e) Paragraph 89.c.(2) is amended and allows DoD components to determine if of automated collection techniques or reads as follows: the purchaser is capable of meeting other forms of information technology. ‘‘(2) Personnel action. For purposes of environmental and hazardous material this offense, ‘‘personnel action’’ DATES: Consideration will be given to all handling responsibilities, in compliance means— comments received by August 27, 2018. with CFR part 102 of Title 41. (a) any action taken against a ADDRESSES: You may submit comments, Compliance with this regulation must Servicemember that affects, or has the identified by docket number and title, be ascertained before DoD components potential to affect, that Servicemember’s by any of the following methods: may make an award of hazardous and current position or career, including Federal eRulemaking Portal: http:// dangerous property. promotion, disciplinary or other www.regulations.gov. Follow the Affected Public: Business or other for- corrective action, transfer or instructions for submitting comments. profit. reassignment, performance evaluations, Mail: Department of Defense, Office of Annual Burden Hours: 232. decisions concerning pay, benefits, the Chief Management Officer, Number of Respondents: 72. awards, or training, relief or removal, Directorate for Oversight and Responses per Respondent: 2.63. separation, discharge, referral for mental Compliance, 4800 Mark Center Drive, Annual Responses: 189. health evaluations, and any other Mailbox #24 Suite 08D09, Alexandria, Average Burden per Response: 1.23 personnel actions as defined by law or VA 22350–1700. hours. regulation, such as DoD Directive Instructions: All submissions received Frequency: On occasion. 7050.06 (17 April 2015); or, must include the agency name, docket (b) any action taken against a civilian number and title for this Federal Dated: June 21, 2018. employee that affects, or has the Register document. The general policy Shelly E. Finke, potential to affect, that person’s current for comments and other submissions Alternate OSD Federal Register, Liaison position or career, including promotion, from members of the public is to make Officer, Department of Defense. disciplinary or other corrective action, these submissions available for public [FR Doc. 2018–13838 Filed 6–26–18; 8:45 am] transfer or reassignment, performance viewing on the internet at http:// BILLING CODE 5001–06–P

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DEPARTMENT OF EDUCATION public comment addressing the DEPARTMENT OF EDUCATION following issues: (1) Is this collection [Docket No.: ED–2018–ICCD–0068] [Docket No.: ED–2018–ICCD–0067] necessary to the proper functions of the Agency Information Collection Department; (2) will this information be Agency Information Collection Activities; Comment Request; The processed and used in a timely manner; Activities; Comment Request; High College Assistance Migrant Program (3) is the estimate of burden accurate; School Equivalency Program (HEP) (CAMP) Annual Performance Report (4) how might the Department enhance Annual Performance Report (APR) the quality, utility, and clarity of the AGENCY: Department of Education (ED), information to be collected; and (5) how AGENCY: Office of Elementary and Office of Elementary and Secondary might the Department minimize the Secondary Education (OESE), Education (OESE). burden of this collection on the Department of Education (ED). ACTION: respondents, including through the use Notice. ACTION: Notice. of information technology. Please note SUMMARY: In accordance with the SUMMARY: In accordance with the that written comments received in Paperwork Reduction Act of 1995, ED is Paperwork Reduction Act of 1995, ED is response to this notice will be proposing a revision of an existing proposing a revision of an existing considered public records. information collection. information collection. Title of Collection: The College DATES: Interested persons are invited to DATES: Interested persons are invited to Assistance Migrant Program (CAMP) submit comments on or before August submit comments on or before August Annual Performance Report (APR). 27, 2018. 27, 2018. OMB Control Number: 1810–0727. ADDRESSES: To access and review all the ADDRESSES: To access and review all the documents related to the information documents related to the information Type of Review: A revision of an collection listed in this notice, please collection listed in this notice, please existing information collection. use http://www.regulations.gov by use http://www.regulations.gov by Respondents/Affected Public: State, searching the Docket ID number ED– searching the Docket ID number ED– Local, and Tribal Governments. 2018–ICCD–0067. Comments submitted 2018–ICCD–0068. Comments submitted Total Estimated Number of Annual in response to this notice should be in response to this notice should be submitted electronically through the Responses: 50. submitted electronically through the Federal eRulemaking Portal at http:// Federal eRulemaking Portal at http:// Total Estimated Number of Annual www.regulations.gov by selecting the www.regulations.gov by selecting the Burden Hours: 1,150. Docket ID number or via postal mail, Docket ID number or via postal mail, Abstract: The College Assistance commercial delivery, or hand delivery. commercial delivery, or hand delivery. Migrant Program (CAMP) office staff Please note that comments submitted by Please note that comments submitted by collects information for the CAMP fax or email and those submitted after fax or email and those submitted after Annual Performance Report (APR) in the comment period will not be the comment period will not be compliance with Higher Education Act accepted. Written requests for accepted. Written requests for of 1965, as amended, Title IV, Sec. information or comments submitted by information or comments submitted by 418A; 20 U.S.C. 1070d–2 (special postal mail or delivery should be postal mail or delivery should be addressed to the Director of the programs for students whose families addressed to the Director of the Information Collection Clearance are engaged in migrant and seasonal Information Collection Clearance Division, U.S. Department of Education, farm-work), and the Code of Federal Division, U.S. Department of Education, 400 Maryland Avenue SW, LBJ, Room 400 Maryland Avenue SW, LBJ, Room Regulations (CFR), 2 CFR 200.238. CFR 107–13, Washington, DC 20202–4537. states that recipients of multi-year 107–13, Washington, DC 20202–4537. FOR FURTHER INFORMATION CONTACT: For discretionary grants must submit an FOR FURTHER INFORMATION CONTACT: For specific questions related to collection specific questions related to collection APR demonstrating that that substantial activities, please contact Michelle activities, please contact Michelle progress has been made towards Georgia, 202–453–5501. meeting the approved objectives. The Georgia, 202–453–5501. SUPPLEMENTARY INFORMATION: The CAMP office staff requests to continue SUPPLEMENTARY INFORMATION: The Department of Education (ED), in Department of Education (ED), in a customized APR that goes beyond the accordance with the Paperwork accordance with the Paperwork generic 524B APR to facilitate the Reduction Act of 1995 (PRA) (44 U.S.C. Reduction Act of 1995 (PRA) (44 U.S.C. collection of more standardized and 3506(c)(2)(A)), provides the general 3506(c)(2)(A)), provides the general comprehensive data to inform GPRA, to public and Federal agencies with an public and Federal agencies with an improve the overall quality of data opportunity to comment on proposed, opportunity to comment on proposed, collected, and to increase the quality of revised, and continuing collections of revised, and continuing collections of data that can be used to inform policy information. This helps the Department information. This helps the Department decisions. assess the impact of its information assess the impact of its information Dated: June 22, 2018. collection requirements and minimize collection requirements and minimize Tomakie Washington, the public’s reporting burden. It also the public’s reporting burden. It also helps the public understand the helps the public understand the Acting Director, Information Collection Department’s information collection Clearance Division, Office of the Chief Privacy Department’s information collection requirements and provide the requested Officer, Office of Management. requirements and provide the requested data in the desired format. ED is data in the desired format. ED is [FR Doc. 2018–13824 Filed 6–26–18; 8:45 am] soliciting comments on the proposed soliciting comments on the proposed BILLING CODE 4000–01–P information collection request (ICR) that information collection request (ICR) that is described below. The Department of is described below. The Department of Education is especially interested in Education is especially interested in public comment addressing the

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following issues: (1) Is this collection DEPARTMENT OF EDUCATION Washington, DC 20202–7241. necessary to the proper functions of the Telephone: (202) 245–7792. Email: Department; (2) will this information be Applications for New Awards; Native [email protected]. processed and used in a timely manner; Hawaiian Career and Technical If you use a telecommunications (3) is the estimate of burden accurate; Education Program (NHCTEP) device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay (4) how might the Department enhance AGENCY: Office of Career, Technical, and the quality, utility, and clarity of the Service (FRS), toll free, at 1–800–877– Adult Education, Department of 8339. information to be collected; and (5) how Education. SUPPLEMENTARY INFORMATION: might the Department minimize the ACTION: Notice. burden of this collection on the Full Text of Announcement respondents, including through the use SUMMARY: The Department of Education of information technology. Please note (Department) is issuing a notice inviting I. Funding Opportunity Description that written comments received in applications for new awards for fiscal Purpose of Program: The Native response to this notice will be year (FY) 2018 for the Native Hawaiian Hawaiian Career and Technical considered public records. Career and Technical Education Education Program (NHCTEP) provides Program (NHCTEP), Catalog of Federal Title of Collection: High School grants to eligible community-based Domestic Assistance (CFDA) number Equivalency Program (HEP) Annual organizations to plan, conduct, and 84.259A. administer programs, or portions of Performance Report. DATES: programs, that are for the benefit of OMB Control Number: 1810–0684. Applications Available: June 27, 2018. Native Hawaiians and authorized by Type of Review: A revision of an Deadline for Notice of Intent to Apply: and consistent with the purposes of existing information collection. July 9, 2018. We will be able to develop section 116 of the Carl D. Perkins Career and Technical Education Act of 2006 Respondents/Affected Public: State, a more efficient process for reviewing (Act). Section 116(e) of the Act provides Local, and Tribal Governments. grant applications if we can anticipate the number of applicants that intend to that programs, services, and activities Total Estimated Number of Annual apply for funding under this funded under NHCTEP must support Responses: 51. competition. Therefore, we strongly and improve career and technical Total Estimated Number of Annual encourage each potential applicant to education programs. (20 U.S.C. 2326(e)) Burden Hours: 1,173. notify us of the applicant’s intent to Background: Under section 116(h) of the Act, eligible community-based Abstract: The High School submit an application for funding by sending a short email message. This organizations receive NHCTEP grants to Equivalency Program (HEP) office staff plan, conduct, and administer programs, collects information for the HEP Annual short email should provide the applicant organization’s name and or portions thereof that are consistent Performance Report (APR) in with the purposes of section 116 of the compliance with Higher Education Act address. Please send this email notification to [email protected] Act, for the benefit of Native Hawaiians. of 1965, as amended, Title IV, Sec. with ‘‘Intent to Apply’’ in the email Section 116(e) of the Act provides that 418A; 20 U.S.C. 1070d–2 (special subject line. Applicants that do not educational programs, services, and programs for students whose families provide this email notification may still activities funded under NHCTEP must are engaged in migrant and seasonal apply for funding. support and help to improve career and farmwork), and the Code of Federal Deadline for Transmittal of technical education programs. (20 Regulations (CFR), 2 CFR 200.238. CFR Applications: July 27, 2018. U.S.C. 2326(e)). This requirement, along states that recipients of multi-year Pre-Application Teleconference with the statutory definition of ‘‘career discretionary grants must submit an Information: The Department will hold and technical education,’’ aligns APR demonstrating that that substantial a pre-application meeting via NHCTEP with other programs progress has been made towards teleconference for prospective authorized under the Act that offer a meeting the approved objectives. The applicants on July 9, 2018 at 2:00 p.m. sequence of courses that provides HEP office staff requests to continue a Eastern Time. The teleconference is individuals with coherent and rigorous customized APR that goes beyond the intended to provide technical assistance content. generic 524B APR to facilitate the to all interested grant applicants. Under section 3(5)(A) of the Act (20 collection of more standardized and Information regarding the U.S.C. 2302(5)(A)), the Department awards grants under this competition to comprehensive data to inform GPRA, to teleconference can be found on the carry out career and technical education improve the overall quality of data Perkins Collaborative Resource Network at http://cte.ed.gov/. projects that provide organized collected, and to increase the quality of educational activities offering a data that can be used to inform policy ADDRESSES: For the addresses for sequence of courses that— decisions. obtaining and submitting an (a) Provides individuals with coherent Dated: June 22, 2018. application, please refer to our Common and rigorous content aligned with Instructions for Applicants to challenging academic standards and Tomakie Washington, Department of Education Discretionary Acting Director, Information Collection relevant technical knowledge and skills Grant Programs, published in the needed to prepare for further education Clearance Division, Office of the Chief Privacy Federal Register on February 12, 2018 Officer, Office of Management. and careers in current or emerging (83 FR 6003) and available at professions; [FR Doc. 2018–13823 Filed 6–26–18; 8:45 am] www.gpo.gov/fdsys/pkg/FR-2018-02-12/ (b) Provides technical skill BILLING CODE 4000–01–P pdf/2018-02558.pdf. proficiency, an industry-recognized FOR FURTHER INFORMATION CONTACT: credential, a certificate, or an associate Linda Mayo, U.S. Department of degree; and Education, 400 Maryland Avenue SW, (c) Includes competency-based Potomac Center Plaza, Room 11075, applied learning that contributes to the

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academic knowledge, higher-order In addition to coding, the expanding industry-recognized credentials, reasoning and problem-solving skills, field of computer science emphasizes certificates, or degrees; work attitudes, general employability computational thinking and (D) Integrates academics (other than skills, technical skills, and occupation- interdisciplinary problem-solving to remedial courses) with CTE programs specific skills, and knowledge of all equip students with the skills and through a coherent sequence of courses aspects of an industry, including abilities necessary to apply computation to help ensure learning in the core entrepreneurship, of an individual. in our digital world. academic and career and technical Projects may include prerequisite Computer science does not include subjects; courses (other than remedial courses) using a computer for everyday activities, (E) Links CTE at the secondary level that meet the definition of ‘‘career and such as browsing the internet; use of with CTE at the postsecondary level and technical education,’’ in section 3(5)(A) tools like word processing, facilitates students’ pursuit of a of the Act. (20 U.S.C. 2302(5)(A)). In spreadsheets, or presentation software; baccalaureate degree; addition, at the secondary level, or using computers in the study and (F) Expands the scope, depth, and coherent and rigorous academic exploration of unrelated subjects. (See relevance of curriculum, especially curriculum in reading or language arts definition of ‘‘computer science’’ in the content that provides students with a and in mathematics must be aligned Secretary’s Supplemental Priorities) comprehensive understanding of all with challenging academic content Requirements: Requirements 1–6 are aspects of an industry and a variety of standards and student academic from the notice of final requirements, hands-on, job-specific experiences; or achievement standards that the State in definitions, and selection criteria for (G) Offers— which the applicant is located has this program (notice of final (1) Work-related experience, established under the Elementary and requirements), published in the Federal internships, cooperative education, Secondary Education Act of 1965 Register on March 24, 2009 (74 FR school-based enterprises, studies in (ESEA). 12341). Requirement 7 is from section entrepreneurship, community service learning, and job shadowing that are Note: Contacts for State ESEA programs 315 of the Act. Requirement 1—Authorized related to CTE programs; may be found on the internet at: www.ed.gov/ (2) Coaching/mentoring, support about/contacts/state/index.html. Programs: services, and extra help for students (a) In accordance with section 116(e) Priority: This notice contains one after school, on the weekends, or during of the Act, under this program, NHCTEP invitational priority. The invitational the summer, so they can meet higher projects must— priority is from the Secretary’s Final standards; (1) Develop new programs, services, Supplemental Priorities and Definitions (3) Career guidance and academic or activities or improve or expand for Discretionary Grant Programs, counseling for students participating in existing programs, services, or activities published on March 2, 2018 (83 FR CTE programs under NHCTEP; that are consistent with the purposes of 9096) (Secretary’s Supplemental (4) Placement services for students the Act. In other words, the Department Priorities). who have successfully completed CTE will support ‘‘expansions’’ or programs and attained a technical skill Invitational Priority: For FY 2018 and ‘‘improvements’’ that include, but are any subsequent year in which we make proficiency that is aligned with not necessarily limited to, the expansion industry-recognized standards; awards from the list of unfunded of effective programs or practices; applications from this competition, this (5) Professional development upgrading of activities, equipment, or programs for teachers, counselors, and priority is an invitational priority. materials; increasing staff capacity; Under 34 CFR 75.105(c)(1) we do not administrators; adoption of new technology; (6) Strong partnerships among give an application that meets this modification of curriculum; or invitational priority a competitive or grantees and local educational agencies, implementation of new policies to postsecondary institutions, community absolute preference over other improve program effectiveness and applications. leaders, adult education providers, and, outcomes; and as appropriate, other entities, such as This priority is: (2) Fund a CTE program, service, or employers, labor organizations, parents, Creating or expanding opportunities activity that— and local partnerships, to enable for students to obtain recognized (i) Is a new program, service, or students to achieve State academic postsecondary credentials in science, activity that was not provided by the standards and attain career and technology, engineering, mathematics, applicant during the instructional term technical skills; or computer science. (a defined period, such as a semester, (7) The use of student assessment and For the purposes of this invitational trimester, or quarter, within the evaluation data to improve continually priority, computer science means the academic year) that preceded the instruction and staff development; or study of computers and algorithmic request for funding under NHCTEP; (8) Research, development, processes and includes the study of (ii) Will improve or expand an demonstration, dissemination, computing principles and theories, existing CTE program; or evaluation and assessment, capacity- computational thinking, computer (iii) Inherently improves CTE. A building, and technical assistance, hardware, software design, coding, program, service, or activity ‘‘inherently related to CTE programs. analytics, and computer applications. improves CTE’’ if it— Requirement 2—Evaluation: Computer science often includes (A) Develops new CTE programs of To help ensure the high quality of computer programming or coding as a study for approval by the appropriate NHCTEP projects and the achievement tool to create software, including accreditation agency; of the goals and purposes of section applications, games, websites, and tools (B) Strengthens the rigor of the 116(h) of the Act, each grantee must to manage or manipulate data; or academic and career and technical budget for and conduct an ongoing development and management of components of funded programs; evaluation of the effectiveness of its computer hardware and the other (C) Uses curriculum that is aligned project. An independent evaluator must electronics related to sharing, securing, with industry-recognized standards and conduct the evaluation. The evaluation and using digital information. will result in students attaining must—

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(a) Be appropriate for the project and employment, sustained employment, exceed the student’s financial need by be both formative and summative in promotions, further and continuing $320 (or $20 a week). nature; and education or training, or the impact the Note: Grantees must maintain records that (b) Include— project had on Native Hawaiian fully support their decisions to award (1) Collection and reporting of the economic development or career and stipends to students, as well as the amounts performance measures for NHCTEP that technical education activities. that are paid, such as proof of a student’s are identified in the Performance Requirement 3—Student Stipends: enrollment in a NHCTEP project, stipend Measures section of this notice; and A portion of an award under this applications, timesheets showing the number (2) Qualitative and quantitative data program may be used to provide of hours of student attendance that are with respect to— stipends (as defined in the Definitions confirmed in writing by an instructor, (i) Academic and career and technical section of this notice) to help students student financial status information, and competencies demonstrated by the evidence that a student could not participate meet the costs of participation in a in the NHCTEP project without a stipend. participants and the number and kinds NHCTEP project. (See generally 20 U.S.C. 1232f; 34 CFR of academic and work credentials (1) To be eligible for a stipend a 75.700–75.702; 75.730; and 75.731.) acquired by individuals, including their student must— participation in programs providing (i) Be enrolled in a CTE project (5) An eligible student may receive a skill proficiency assessments, industry funded under this program; stipend when taking a course for the certifications, or training at the associate (ii) Be in regular attendance in a first time. However, generally a stipend degree level that is articulated with an NHCTEP project and meet the training may not be provided to a student who advanced degree option; institution’s attendance requirement; has already taken, completed, and had (ii) Enrollment, completion, and (iii) Maintain satisfactory progress in the opportunity to benefit from a course placement of participants by gender, for his or her program of study according to and is merely repeating the course. each occupation for which training was the training institution’s published (6) An applicant must include in its provided; standards for satisfactory progress; and application the procedure it intends to (iii) Job or work skill attainment or (iv) Have an acute economic need use to determine student eligibility for enhancement, including participation in that— stipends and stipend amounts, and its apprenticeship and work-based learning (A) Prevents participation in a project oversight procedures for the awarding programs, and student progress in funded under this program without a and payment of stipends. achieving technical skill proficiencies stipend; and Requirement 4—Direct Assistance to necessary to obtain employment in the (B) Cannot be met through a work- Students: A grantee may provide direct field for which the student has been study program. assistance (as defined elsewhere in this prepared, including attainment or (2) The amount of a stipend is the notice under the heading Definitions) to enhancement of technical skills in the greater of either the minimum hourly a student only if the following industry the student is preparing to wage prescribed by State or local law or the minimum hourly wage established conditions are met: enter; (1) The recipient of the direct (iv) Activities, during the formative under the Fair Labor Standards Act. assistance is an individual who is a stages of the project, to help guide and (3) A grantee may award a stipend member of a special population (as improve the project, as well as a only if the stipend combined with other defined in section 3(29) of the Act) and summative evaluation that includes resources the student receives does not who is participating in a NHCTEP recommendations for disseminating exceed the student’s financial need. A project. information on project activities and student’s financial need is the difference between the student’s cost of attendance (2) The direct assistance is needed to results; address barriers to the individual’s (v) The number and percentage of and the financial aid or other resources successful participation in a NHCTEP students who obtained industry- available to defray the student’s cost of attending a NHCTEP project. project. recognized credentials, certificates, or (3) The direct assistance is part of a degrees; (4) To calculate the amount of a student’s stipend, a grantee must broader, more generally focused (vi) The outcomes of students’ program or activity for addressing the technical assessments, by type and multiply the number of hours a student actually attends CTE instruction by the needs of an individual who is a member scores, if available; of a special population. (vii) The rates of attainment of a amount of the minimum hourly wage proficiency credential or certificate, in that is prescribed by State or local law, Note: Direct assistance to individuals who conjunction with a secondary school or by the minimum hourly wage that is are members of special populations is not, by diploma; established under the Fair Labor itself, a ‘‘program or activity for special (viii) The effectiveness of the project, Standards Act. The grantee must reduce populations.’’ including a comparison between the the amount of a stipend if necessary to (4) The grant funds used for direct intended and observed results and a ensure that it does not exceed the assistance must be expended to demonstration of a clear link between student’s financial need. supplement, and not supplant, the observed results and the specific Example: If a grantee uses the Fair assistance that is otherwise available treatment given to project participants; Labor Standards Act minimum hourly from non-Federal sources. For example, (ix) The extent to which information wage of $7.25 and a student attends generally, a community-based about or resulting from the project was classes for 20 hours a week, the organization could not use NHCTEP disseminated at other sites, such as student’s stipend would be $145 for the funds to provide child care for single through the grantee’s development and week during which the student attends parents if non-Federal funds previously use of guides or manuals that provide classes ($7.25 × 20 = $145.00). If the were made available for this purpose, or step-by-step directions for practitioners program lasts 16 weeks and the if non-Federal funds are used to provide to follow when initiating similar efforts; student’s total financial need is $2,000, child care services for single parents and the grantee must reduce the weekly participating in non-career and (x) The impact of the project, e.g., stipend to $125, because the total technical education programs and these follow-up data on students’ stipend for the course would otherwise services otherwise (in the absence of

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NHCTEP funds) would have been Requirement 7—Additional Statutory Individual with a disability means an available to CTE students. Requirement Limiting Services: individual with any disability (as (5) In determining how much of the Section 315 of the Act prohibits the defined in section 12102 of title 42) (20 NHCTEP grant funds it will use for use of funds received under the Act to U.S.C. 2302(17) direct assistance to an eligible student, provide vocational and technical Individual with limited English a grantee— education programs to students prior to proficiency means a secondary school (i) May only provide assistance to the the seventh grade, except that student, an adult, or an out-of-school extent that it is needed to address equipment and facilities purchased with youth, who has limited ability in barriers to the individual’s successful funds under the Act may be used by speaking, reading, writing, or participation in CTE; and such students. (20 U.S.C. 2395) understanding the English language, (ii) Considers whether the specific Definitions: These definitions are and— services to be provided are a reasonable from the Act and the notice of final (a) Whose native language is a and necessary cost of providing career requirements. The source of each language other than English; or and technical education programs for definition is noted after the definition. (b) Who lives in a family or special populations. However, the Acute economic need means an community environment in which a Secretary does not envision a income that is at or below the national language other than English is the circumstance in which it would be a poverty level according to the latest dominant language. (20 U.S.C. 2302(16)) reasonable and necessary expenditure of available data from the U.S. Department Native Hawaiian means any NHCTEP project funds for a grantee to of Commerce or the U.S. Department of individual any of whose ancestors were utilize a majority of a project’s budget to Health and Human Services Poverty natives, prior to 1778, of the area which pay direct assistance to students, in lieu Guidelines. (Notice of Final now comprises the State of Hawaii. (20 of providing the students served by the Requirements) U.S.C. 2326(a)(4)) project with CTE. Career and technical education (CTE) Special populations means— Requirement 5—Career and Technical means organized educational activities (a) Individuals with disabilities; (b) Individuals from economically Education Agreement: that— (a) Offer a sequence of courses that— disadvantaged families, including foster Any applicant that is not proposing to (1) Provides individuals with children; provide CTE directly to Native coherent and rigorous content aligned (c) Individuals preparing for Hawaiian students and proposes instead with challenging academic standards nontraditional fields; to pay one or more qualified educational and relevant technical knowledge and (d) Single parents, including single entities to provide such CTE to Native skills needed to prepare for further pregnant women; Hawaiian students must include with its education and careers in current or (e) Displaced homemakers; and application a written CTE agreement emerging professions; (f) Individuals with limited English between the applicant and the (2) Provides technical skill proficiency. (20 U.S.C. 2302(29)) educational entity. The written proficiency, an industry-recognized Stipend means a subsistence agreement must describe the credential, a certificate, or an associate allowance— commitment between the applicant and degree; and (a) For a student who is enrolled in a the educational entity and must include, (3) May include prerequisite courses CTE program funded under the at a minimum, a statement of the (other than a remedial course) that meet NHCTEP; responsibilities of the applicant and the the requirements of this definition; and (b) For a student who has an acute entity. The agreement must be signed by (b) Include competency-based applied economic need that cannot be met the appropriate individuals on behalf of learning that contributes to the through work-study programs; and each party, such as the authorizing academic knowledge, higher-order (c) That is necessary for the student to official or administrative head of the reasoning and problem-solving skills, participate in a project funded under applicant Native Hawaiian community- work attitudes, general employability this program. (Notice of Final based organization. skills, technical skills, and occupation- Requirements) Requirement 6: Supplement-Not- specific skills, and knowledge of all Support services means services Supplant: aspects of an industry, including related to curriculum modification, Grantees may not use funds under entrepreneurship, of an individual. (20 equipment modification, classroom NHCTEP to replace otherwise available U.S.C. 2302(5)) modification, supportive personnel, and non-Federal funding for ‘‘direct Coherent sequence of courses means a instructional aids and devices. (20 assistance to students’’ (as defined series of courses in which career and U.S.C. 2302(31)) elsewhere in this notice under the academic education is integrated, and Program Authority: 20 U.S.C. 2301, et heading Definitions) and family that directly relates to, and leads to, seq., particularly 2326(a)–(g). assistance programs. For example, both academic and occupational Applicable Regulations: (a) The NHCTEP funds must not be used to competencies. The term includes Education Department General supplant non-Federal funds to pay the competency-based education and Administrative Regulations in 34 CFR costs of students’ tuition, dependent academic education, and adult training parts 75, 77, 81, 82, 84, 86, 97, 98, and care, transportation, books, supplies, or retraining, including sequential units 99. (b) The Office of Management and and other costs associated with encompassed within a single adult Budget Guidelines to Agencies on participation in a CTE program. retraining course, that otherwise meets Governmentwide Debarment and Further, funds under NHCTEP may the requirements of this definition. Suspension (Nonprocurement) in 2 CFR not be used to replace Federal student (Notice of Final Requirements) part 180, as adopted and amended as financial aid. The Act does not Direct assistance to students means regulations of the Department in 2 CFR authorize the Secretary to fund projects tuition, dependent care, transportation, part 3485. (c) The Uniform that serve primarily as entities through books, and supplies that are necessary Administrative Requirements, Cost which students may apply for and for a student to participate in a project Principles, and Audit Requirements for receive tuition and other financial funded under this program. (Notice of Federal Awards in 2 CFR part 200, as assistance. Final Requirements) adopted and amended as regulations of

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the Department in 2 CFR part 3474. (d) used to carry out CTE activities. Further, not bound to apply or bound by the The notice of final requirements the prohibition against supplanting also information provided. published in the Federal Register on means that grantees are required to use V. Application Review Information March 24, 2009 (74 FR 12341). (e) The their negotiated restricted indirect cost Secretary’s Supplemental Priorities rates under this program. (34 CFR 1. Selection Criteria: The selection published on March 2, 2018 (83 FR 75.563) criteria for this program are from the 9096). We caution applicants not to plan to notice of final requirements, and are as use funds under NHCTEP to replace follows. II. Award Information otherwise available non-Federal funding The maximum possible score for Type of Award: Discretionary grants. for direct assistance to students and addressing each criterion is indicated in Estimated Available Funds: family assistance programs. For parentheses. $2,753,000, for the first 12 months of the example, NHCTEP funds must not be (a) Quality of the Project Design (35 project period. Funding for years two used to supplant non-Federal funds points). In determining the quality of the and three is subject to the availability of with Federal funds in order to pay the design of the proposed project, we funds and to a grantee meeting the costs of students’ tuition, dependent consider the following factors: (1) The extent to which the design of requirements of 34 CFR 75.253. care, transportation, books, supplies, the proposed project is appropriate to Contingent upon the availability of and other costs associated with and will successfully address the needs funds and the quality of applications, participation in a CTE program. of the target population or other we may make additional awards in FY Funds under NHCTEP should not be identified needs (as evidenced by such 2019 or in subsequent years from the list used to replace Federal student data as local labor market demand, of unfunded applications from this financial aid. The Act does not occupational trends, and surveys). (Up competition. authorize the Secretary to fund projects to 5 points) Estimated Range of Awards: $250,000 that serve primarily as entities through to $500,000. (2) The extent to which goals, which students may apply for and objectives, and outcomes are clearly Estimated Average Size of Awards: receive tuition and other financial $276,000. specified and measurable. (For example, assistance. we look for clear descriptions of Maximum Award: We will not make (c) Limitation on Services: Section 315 an award exceeding $500,000 for a proposed student career and technical of the Act prohibits the use of funds education activities; recruitment and single budget period of 12 months. received under the Act to provide CTE Estimated Number of Awards: 10. retention strategies; expected student programs to students prior to the enrollments, completions, and Note: The Department is not bound by any seventh grade. placements in jobs, military specialties, estimates in this notice. IV. Application and Submission and continuing education/training Project Period: Up to 36 months. The Information opportunities; the number of teachers, Secretary may extend the performance counselors, and administrators to be periods of funded NHCTEP grantees for 1. Application Submission trained; and identification of an additional two years, should Instructions: For information on how to requirements for each program of study Congress continue to appropriate funds submit an application please refer to our to be provided under the project, under the Act. Common Instructions for Applicants to including related training areas and a Department of Education Discretionary III. Eligibility Information description of performance outcomes.) Grant Programs, published in the (Up to 10 points) 1. Eligible Applicants: The following Federal Register on February 12, 2018 (3) The extent to which the proposed entities are eligible to apply under this (83 FR 6003) and available at project will establish linkages with competition: www.gpo.gov/fdsys/pkg/FR-2018-02-12/ other appropriate agencies (e.g., (a) Community-based organizations pdf/2018-02558.pdf. community, State, and other Federal primarily serving and representing 2. Intergovernmental Review: This resources) and organizations providing Native Hawaiians. For purposes of the program is not subject to Executive services to the target population in order NHCTEP, a community-based Order 12372 and the regulations in 34 to improve services to students and organization means a public or private CFR part 79. strengthen outcomes for the proposed organization that provides career and 3. Funding Restrictions: We reference project. (Up to 5 points) technical education, or related services, regulations outlining funding (4) The extent to which the services to individuals in the Native Hawaiian restrictions in the Applicable to be provided by the proposed project community. Regulations section of this notice. will create and offer activities that focus (b) Any community-based 4. Notice of Intent to Apply: The on enabling participants to obtain the organization may apply individually or Department will be able to review grant skills necessary to gain employment in as part of a consortium with one or more applications more efficiently if we know high-skill, high-wage, and high-demand eligible community-based organizations. the approximate number of applicants occupations in emerging fields or in a (Eligible applicants seeking to apply for that intend to apply. Therefore, we specific career field. (Up to 5 points) funds as a consortium must meet the strongly encourage each potential (5) The extent to which the services requirements in 34 CFR 75.127–75.129.) applicant to notify us of their intent to to be provided by the proposed project 2. (a) Cost Sharing or Matching: This submit an application. To do so, please will create opportunities for students to program does not require cost sharing or email [email protected] with the acquire skills identified by the State at matching. subject line ‘‘Intent to Apply,’’ and the secondary level or by industry- (b) Supplement-Not-Supplant: This include the applicant’s name and a recognized career and technical program involves supplement-not- contact person’s name and email education programs for licensure, supplant funding requirements. In address. Applicants that do not submit degree, certification, or as required by a accordance with section 311(a) of the a notice of intent to apply may still career or profession. (Up to 5 points) Act, funds under this program may not apply for funding; applicants that do (6) The extent to which the proposed be used to supplant non-Federal funds submit a notice of intent to apply are project will provide opportunities for

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high-quality training or professional (4) The qualifications, including conditions. The Secretary may also development services that— training, expertise, and experience, of consider whether the applicant failed to (i) Are of sufficient quality, intensity, project consultants. (Up to 5 points) submit a timely performance report or and duration to lead to improvements in (d) Adequacy of Resources (20 submitted a report of unacceptable practice among instructional personnel; points). In determining the adequacy of quality. (ii) Will improve and increase resources for the proposed project, we In addition, in making a competitive instructional personnel’s knowledge consider the following factors: grant award, the Secretary requires and skills to help students meet (1) The adequacy of support, various assurances including those challenging and rigorous academic and including facilities, equipment, applicable to Federal civil rights laws career and technical skill proficiencies; supplies, and other resources, from the that prohibit discrimination in programs or activities receiving Federal financial (iii) Will advance instructional applicant organization(s) and the assistance from the Department (34 CFR personnel’s understanding of effective entities to be served, including the 100.4, 104.5, 106.4, 108.8, and 110.23). instructional strategies that are evidence and relevance of commitments (e.g., articulation agreements, 3. Risk Assessment and Specific supported by scientifically based Conditions: Consistent with 2 CFR research; and memoranda of understanding, letters of support, or commitments to employ 200.205, before awarding grants under (iv) Include professional development project participants) of the applicant, this competition, the Department plans that clearly address ways in local employers, or entities to be served conducts a review of the risks posed by which learning gaps will be addressed by the project. (Up to 10 points) applicants. Under 2 CFR 3474.10, the and how continuous review of (2) The extent to which the budget is Secretary may impose specific performance will be conducted to adequate and costs are reasonable in conditions and, in appropriate identify training needs. (Up to 5 points) relation to the objectives and design of circumstances, high-risk conditions on a (b) Quality of the Management Plan the proposed project. (Up to 5 points) grant if the applicant or grantee is not (15 points). In determining the quality of (3) The potential for continued financially stable; has a history of the management plan for the proposed support of the project after Federal unsatisfactory performance; has a project, we consider the following funding ends. (Up to 5 points) financial or other management system factors: (e) Quality of the Project Evaluation that does not meet the standards in 2 (1) The adequacy of the management (25 points). In determining the quality of CFR part 200, subpart D; has not plan to achieve the objectives of the the evaluation, we consider the fulfilled the conditions of a prior grant; proposed project on time and within following factors: or is otherwise not responsible. budget, including clearly defined (1) The extent to which the methods 4. Integrity and Performance System: responsibilities, timelines, and the of evaluation proposed by the grantee If you are selected under this milestones and performance standards are thorough, feasible, and appropriate competition to receive an award that for accomplishing project tasks. (Up to to the goals, objectives, and outcomes of over the course of the project period 5 points) the proposed project.1 (Up to 10 points) may exceed the simplified acquisition (2) The extent to which the time (2) The extent to which the methods threshold (currently $150,000), under 2 commitments of the project director and of evaluation include the use of CFR 200.205(a)(2) we must make a other key project personnel, including objective performance measures that are judgment about your integrity, business instructors, are appropriate and clearly related to the intended outcomes ethics, and record of performance under adequate to meet the objectives of the of the project and the performance Federal awards—that is, the risk posed proposed project. (Up to 5 points) measures discussed elsewhere in this by you as an applicant—before we make (3) The adequacy of procedures for notice and will produce quantitative an award. In doing so, we must consider ensuring feedback and continuous and qualitative data, to the extent any information about you that is in the improvement in the operation of the possible. (Up to 5 points) integrity and performance system proposed project. (Up to 5 points) (3) The extent to which the methods (currently referred to as the Federal (c) Quality of Project Personnel (25 of evaluation will provide performance Awardee Performance and Integrity points). In determining the quality of feedback and continuous improvement Information System (FAPIIS)), project personnel, we consider the toward achieving intended outcomes. accessible through the System for following factors: (Up to 5 points) Award Management. You may review and comment on any information about (1) The extent to which the applicant (4) The quality of the proposed yourself that a Federal agency encourages applications for employment evaluation to be conducted by an previously entered and that is currently from persons who are members of external evaluator with the necessary background and technical expertise to in FAPIIS. groups that have traditionally been Please note that, if the total value of underrepresented based on race, color, carry out the evaluation. (Up to 5 points) your currently active grants, cooperative national origin, gender, age, or agreements, and procurement contracts disability. (Up to 5 points) 2. Review and Selection Process: We remind potential applicants that in from the Federal Government exceeds (2) The qualifications, including $10,000,000, the reporting requirements relevant training, expertise, and reviewing applications in any discretionary grant competition, the in 2 CFR part 200, Appendix XII, experience, of the project director. (Up require you to report certain integrity to 10 points) Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the information to FAPIIS semiannually. (3) The qualifications, including applicant in carrying out a previous Please review the requirements in 2 CFR relevant training, expertise, and award, such as the applicant’s use of part 200, Appendix XII, if this grant experience, of key project personnel, funds, achievement of project plus all the other Federal funds you especially the extent to which the objectives, and compliance with grant receive exceed $10,000,000. project will use instructors who are VI. Award Administration Information certified to teach in the field in which 1 This may include the Government Performance they will provide instruction. (Up to 5 and Results Act of 1993 (GPRA) performance 1. Award Notices: If your application points) measures. is successful, we notify your U.S.

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Representative and U.S. Senators and 75.720(c). For specific requirements on (3) Receive industry-recognized send you a Grant Award Notification reporting, please go to www.ed.gov/ credentials, certificates, or degrees; (GAN); or we may send you an email fund/grant/apply/appforms/ (4) Are retained in postsecondary containing a link to access an electronic appforms.html. education or transfer to a baccalaureate version of your GAN. We may notify 5. Performance Measures: Under the degree program; and you informally, also. Government Performance and Results (5) Are placed in military service or If your application is not evaluated or Act of 1993 (GPRA), Federal apprenticeship programs, or are placed not selected for funding, we notify you. departments and agencies must clearly in employment, receive an employment 2. Administrative and National Policy describe the goals and objectives of their promotion, or retain employment. Requirements: We identify programs, identify resources and actions administrative and national policy Note: All grantees must submit an annual needed to accomplish these goals and performance report addressing these requirements in the application package objectives, develop a means of performance measures, to the extent feasible and reference these and other measuring progress made, and regularly and to the extent that they apply to each requirements in the Applicable report on their achievement. One grantee’s NHCTEP project. Regulations section of this notice. important source of program We reference the regulations outlining 6. Continuation Awards: In making a information on successes and lessons continuation award under 34 CFR the terms and conditions of an award in learned is the project evaluation the Applicable Regulations section of 75.253, the Secretary considers, among conducted under individual grants. The other things: Whether a grantee has this notice and include these and other Department has established the specific conditions in the GAN. The made substantial progress in achieving following core factors and measures for the goals and objectives of the project; GAN also incorporates your approved evaluating the overall effectiveness of application as part of your binding whether the grantee has expended funds the NHCTEP and projects supported in a manner that is consistent with its commitments under the grant. under this program. Consequently, we 3. Open Licensing Requirements: approved application and budget; and, advise an applicant for a grant under Unless an exception applies, if you are if the Secretary has established this program to give careful awarded a grant under this competition, performance measurement you will be required to openly license consideration to these core factors and requirements, the performance targets in to the public grant deliverables created measures. the grantee’s approved application. in whole, or in part, with Department (a) Number of Secondary, In making a continuation award, the grant funds. When the deliverable Postsecondary, and Adult Projects. The Secretary also considers whether the consists of modifications to pre-existing number of secondary, postsecondary, grantee is operating in compliance with works, the license extends only to those and adult projects that— the assurances in its approved modifications that can be separately (1) Apply industry-recognized skill application, including those applicable identified and only to the extent that standards so that students can earn skill to Federal civil rights laws that prohibit open licensing is permitted under the certificates in those projects; and discrimination in programs or activities terms of any licenses or other legal (2) Offer skill competencies, related receiving Federal financial assistance restrictions on the use of pre-existing assessments, and industry-recognized from the Department (34 CFR 100.4, works. Additionally, a grantee or skill certificates in an area of study 104.5, 106.4, 108.8, and 110.23). offered by secondary and postsecondary subgrantee that is awarded competitive VII. Other Information grant funds must have a plan to institutions. disseminate these public grant (b) Secondary Projects. The Accessible Format: Individuals with deliverables. This dissemination plan percentage of participating secondary disabilities can obtain this document can be developed and submitted after career and technical education students and a copy of the application package in your application has been reviewed and who— an accessible format (e.g., braille, large selected for funding. For additional (1) Meet or exceed State proficiency print, audiotape, or compact disc) on information on the open licensing standards in reading/language arts and request to the program contact persons requirements please refer to 2 CFR mathematics; listed under FOR FURTHER INFORMATION 3474.20. (2) Attain a secondary school diploma CONTACT. 4. Reporting: (a) If you apply for a or its State-recognized equivalent, or a Electronic Access to This Document: grant under this competition, you must proficiency credential in conjunction The official version of this document is ensure that you have in place the with a secondary school diploma; the document published in the Federal necessary processes and systems to (3) Attain career and technical Register. You may access the official comply with the reporting requirements education skill proficiencies aligned edition of the Federal Register and the in 2 CFR part 170 should you receive with industry-recognized standards; and Code of Federal Regulations via the funding under the competition. This (4) Are placed in postsecondary Federal Digital System at: does not apply if you have an exception education, advanced training, military www.gpo.gov/fdsys. At this site you can under 2 CFR 170.110(b). service, or employment in high-skill, view this document, as well as all other (b) At the end of your project period, high-wage, and high-demand documents of this Department you must submit a final performance occupations or in current or emerging published in the Federal Register, in report, including financial information, occupations. text or Portable Document Format as directed by the Secretary. If you (c) Postsecondary Projects. The (PDF). To use PDF you must have receive a multiyear award, you must percentage of participating Adobe Acrobat Reader, which is submit an annual performance report postsecondary students in career and available free at the site. that provides the most current technical education programs who— You may also access documents of the performance and financial expenditure (1) Receive postsecondary degrees, Department published in the Federal information as directed by the Secretary certificates, or credentials; Register by using the article search under 34 CFR 75.118. The Secretary (2) Attain career and technical feature at: www.federalregister.gov. may also require more frequent education skill proficiencies aligned Specifically, through the advanced performance reports under 34 CFR with industry-recognized standards; search feature at this site, you can limit

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your search to documents published by priorities. In accordance with 34 CFR students from groups that are the Department. 75.105(b)(2)(iv) and 34 CFR traditionally underrepresented in Dated: June 22, 2018. 75.105(b)(2)(ii), the absolute priorities postsecondary education, students with Michael E. Wooten, are selected from section 402G(b) of the disabilities, students who are homeless Higher Education Act of 1965, as children and youths (as this term is Acting Assistant Secretary for Career, Technical, and Adult Education. amended (HEA), and the regulations for defined in section 725 of the McKinney- this program at 34 CFR 642.24. Vento Homeless Assistance Act (42 [FR Doc. 2018–13856 Filed 6–26–18; 8:45 am] Absolute Priorities: For FY 2018 and U.S.C. 11434a)), students who are in BILLING CODE 4000–01–P any subsequent year in which we make foster care or are aging out of the foster awards from the list of unfunded care system, or other disconnected DEPARTMENT OF EDUCATION applications from this competition, students. these priorities are absolute priorities. Estimated number of awards: 1. Applications for New Awards; Training Under 34 CFR 75.105(c)(3), we consider Maximum award amount: $344,945. Program for Federal TRIO Programs only applications that meet these Absolute Priority 6. Training on absolute priorities. general project management for new AGENCY: Office of Postsecondary In accordance with 34 CFR 642.7, project directors who have been in their Education, Department of Education. each application must clearly identify positions less than two years, including ACTION: Notice. the specific absolute priority for which training on the content of absolute a grant is requested. An applicant must priorities 1 through 5. The training SUMMARY: The Department of Education submit a separate application for each should provide new directors with the is issuing a notice inviting applications absolute priority it proposes to address. basic tools required to be a successful for new awards for fiscal year (FY) 2018 If an applicant submits more than one TRIO project director. for the Training Program for Federal application for the same absolute Estimated number of awards: 2. TRIO Programs (Training Program), priority, we will accept only the Maximum award amount: $294,464. Catalog of Federal Domestic Assistance application with the latest ‘‘date/time Under this competition we are (CFDA) number 84.103A. received’’ validation. particularly interested in applications DATES: These priorities are: that address the following priorities. Applications Available: June 27, 2018. Absolute Priority 1. Training to Invitational Priorities: For FY 2018 Deadline for Transmittal of improve reporting of student and project and any subsequent year in which we Applications: July 27, 2018. performance and the evaluation of make awards from the list of unfunded Deadline for Intergovernmental project performance in order to design applications for this competition, these Review: September 25, 2018. and operate a model project funded priorities are invitational priorities. ADDRESSES: For the addresses for under the Federal TRIO Programs. Under 34 CFR 75.105(c)(1), we do not obtaining and submitting an Estimated number of awards: 2. give an application that meets these application, please refer to our Common Maximum award amount: $265,764. invitational priorities a competitive or Absolute Priority 2. Training on Instructions for Applicants to absolute preference over other budget management and the statutory Department of Education Discretionary applications. and regulatory requirements for Grant Programs, published in the These priorities are: operation of projects funded under the Federal Register on February 12, 2018 Invitational Priority 1: Federal TRIO Programs. (83 FR 6003) and available at Applications that propose projects Estimated number of awards: 2. www.gpo.gov/fdsys/pkg/FR-2018-02-12/ designed to address one or more of the pdf/2018-02558.pdf. Maximum award amount: $265,764. Absolute Priority 3. Training on following priority areas: FOR FURTHER INFORMATION CONTACT: (a) Implementing strategies that Suzanne Ulmer or, if unavailable, assessment of student needs; retention and graduation strategies; and the use of ensure education funds are spent in a Carmen Gordon, U.S. Department of way that increases their efficiency and Education, 400 Maryland Avenue SW, appropriate educational technology in the operation of projects funded under cost-effectiveness, including by Room 278–44, Washington, DC 20202. reducing waste or achieving better Telephone: (202) 453–7700. Email: the Federal TRIO programs. Estimated number of awards: 1. outcomes. [email protected]. (b) Supporting training toward If you use a telecommunications Maximum award amount: $344,945. Absolute Priority 4. Training on innovative strategies or research that device for the deaf (TDD) or a text assisting students in receiving adequate have the potential to lead to significant telephone (TTY), contact the Federal financial aid from programs assisted and wide-reaching improvements in the Relay Service (FRS), toll free, at 1–800– under title IV of the HEA and from other delivery of educational services. 877–8339. programs, on college and university (c) Reducing compliance burden SUPPLEMENTARY INFORMATION: admissions policies and procedures, within the grantee’s operations Full Text of Announcement and on proven strategies to improve the (including on partners working to financial literacy and economic literacy achieve grant objectives or being served I. Funding Opportunity Description of students, including topics such as by the grant) in a manner that decreases Purpose of Program: The Training basic personal finance information, paperwork or staff time spent on Program provides grants to train the household money management and administrative functions, or other staff and leadership personnel financial planning skills, and basic measurable ways that help education employed in, participating in, or economic decision making skills. providers to save money, benefit more preparing for employment in, projects Estimated number of awards: 2. students, or improve results. funded under the Federal TRIO Maximum award amount: $265,764. Invitational Priority 2: Programs, so as to improve the Absolute Priority 5. Training on Applications that propose projects operation of these projects. strategies for recruiting and serving hard designed to assist TRIO grantees with Priorities: This notice contains six to reach populations, including students the ongoing implementation of the absolute priorities and three invitational who are limited English proficient, evidence-based strategies for which they

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received competitive preference in their Estimated Average Size of Awards: reviewers use to evaluate your approved applications. $287,340. application. We recommend that you (1) Invitational Priority 3: Maximum Award and Minimum limit the application narrative, which Applications that propose projects Participants: We will not make an includes the budget narrative and designed to assist TRIO grantees with award exceeding the maximum award invitational priority, to no more than 55 improving student achievement or other amount listed here for a single budget pages and (2) use the following educational outcomes in one or more of period of 12 months. Projects proposed standards. the following areas: Science, under each absolute priority also must Note: Applications that do not follow the technology, engineering, math, or propose to serve the minimum number page limit and formatting recommendations computer science (as defined in the of applicable participants listed here. will not be penalized. Secretary’s Final Supplemental Under Absolute Priorities 1, 2, and 4, • ″ ″ Priorities and Definitions for A ‘‘page’’ is 8.5 x 11 , on one side the maximum award amount is ″ Discretionary Grant Programs, only, with 1 margins. $265,764 and the minimum number of • published in the Federal Register on participants is 231. Under Absolute Double-space all text in the March 2, 2018 (83 FR 9096): Priorities 3 and 5, the maximum award application narrative, and single-space Specifically, supporting programs that amount is $344,945 and the minimum titles, headings, footnotes, quotations, lead to recognized postsecondary references, and captions. number of participants is 300. Under • credentials (as defined in section 3(52) Absolute Priority 6, the maximum Use a 12-point font. • Use an easily readable font such as of the Workforce Innovation and award amount is $294,464 and the Times New Roman, Courier, Courier Opportunity Act) or skills that align minimum number of participants is 256. with the skill needs of industries in the Estimated Number of Awards: 10. New, or Arial. State or regional economy involved for The recommended page limit does not careers in science, technology, Note: The Department is not bound by any apply to Part I, the Application for engineering, and math fields, including estimates in this notice. Federal Assistance face sheet (SF 424); computer science. Project Period: Up to 24 months. Part II, the Budget Information Program Authority: 20 U.S.C. 1070a– Summary form (ED Form 524); Part III– 11 and 1070a–17. III. Eligibility Information A, the Program Profile form; Part III–B, Applicable Regulations: (a) The 1. Eligible Applicants: IHEs and other the one-page Project Abstract form; or Education Department General public and private nonprofit institutions Part IV, the Assurances and Administrative Regulations in 34 CFR and organizations. Certifications. The recommended page parts 75 (except for 75.215 through 2. Cost Sharing or Matching: This limit also does not apply to a table of 75.221), 77, 79, 82, 84, 86, 97, 98, and program does not require cost sharing or contents, which we recommend that 99. (b) The Office of Management and matching. you include in the application narrative. Budget Guidelines to Agencies on 3. Subgrantees: A grantee under this 5. Content and Form of Application Governmentwide Debarment and competition may not award subgrants to Submission: You should indicate the Suspension (Nonprocurement) in 2 CFR entities to directly carry out project absolute priority addressed in your part 180, as adopted and amended as activities described in its application. application both on the one-page regulations of the Department in 2 CFR abstract and on the Training Program part 3485. (c) The Uniform IV. Application and Submission Profile Sheet. You must include your Administrative Requirements, Cost Information complete response to the selection Principles, and Audit Requirements for 1. Application Submission criteria and absolute priorities in the Federal Awards in 2 CFR part 200, as Instructions: For information on how to application narrative. Other adopted and amended as regulations of submit an application please refer to our requirements concerning the content of the Department in 2 CFR part 3474. (d) Common Instructions for Applicants to an application, together with the forms The regulations for this program in 34 Department of Education Discretionary you must submit, are in the application CFR part 642. Grant Programs, published in the package for this program. Federal Register on February 12, 2018 Note: The regulations in 34 CFR part 79 V. Application Review Information apply to all applicants except federally (83 FR 6003) and available at recognized Indian Tribes. www.gpo.gov/fdsys/pkg/FR-2018-02-12/ 1. Selection Criteria: The selection pdf/2018-02558.pdf. criteria for this program are from 34 CFR Note: The regulations in 34 CFR part 86 apply to institutions of higher education 2. Intergovernmental Review: This 642.21 and are as follows: (IHEs) only. program is subject to Executive Order (a) Plan of operation. (20 points) 12372 and the regulations in 34 CFR (1) The Secretary reviews each II. Award Information part 79. Information about application for information that shows Type of Award: Discretionary grants. Intergovernmental Review of Federal the quality of the plan of operation for Estimated Available Funds: The Programs under Executive Order 12372 the project. Consolidated Appropriations Act, 2018 is in the application package for this (2) The Secretary looks for provided $1,010,000,000 for the Federal program. information that shows— TRIO Programs for FY 2018, of which 3. Funding Restrictions: We specify (i) High quality in the design of the we intend to use an estimated unallowable costs in 34 CFR 642.31. We project; $2,873,402 for Training Program reference additional regulations (ii) An effective plan of management awards. outlining funding restrictions in the that ensures proper and efficient Contingent upon the availability of Applicable Regulations and Application administration of the project; funds and the quality of applications, Review Information sections of this (iii) A clear description of how the we may make additional awards in FY notice. objectives of the project relate to the 2019 from the list of unfunded 4. Recommended Page Limit: The purpose of the program; applications from this competition. application narrative (Part III of the (iv) The way the applicant plans to Estimated Range of Awards: application) is where you, the applicant, use its resources and personnel to $265,764–$344,945. address the selection criteria that achieve each objective; and

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(v) A clear description of how the objective and produce data that are 3. Risk Assessment and Specific applicant will provide equal access and quantifiable. Conditions: Consistent with 2 CFR treatment for eligible project (e) Adequacy of resources. (15 points) 200.205, before awarding grants under participants who are members of groups (1) The Secretary reviews each this program the Department conducts a that have been traditionally application for information that shows review of the risks posed by applicants. underrepresented, such as— that the applicant plans to devote Under 2 CFR 3474.10, the Secretary may (A) Members of racial or ethnic adequate resources to the project. impose specific conditions and, in minority groups; (2) The Secretary looks for appropriate circumstances, high-risk (B) Women; information that shows— conditions on a grant if the applicant or (C) Individuals with disabilities; and (i) The facilities that the applicant grantee is not financially stable; has a (D) The elderly. plans to use are adequate; and history of unsatisfactory performance; (b) Quality of key personnel. (20 (ii) The equipment and supplies that has a financial or other management points) the applicant plans to use are adequate. system that does not meet the standards (1) The Secretary reviews each 2. Review and Selection Process: We in 2 CFR part 200, subpart D; has not application for information that shows remind potential applicants that in fulfilled the conditions of a prior grant; the qualifications of the key personnel reviewing applications in any or is otherwise not responsible. the applicant plans to use on the discretionary grant competition, the 4. Integrity and Performance System: project. Secretary may consider, under 34 CFR If you are selected under this (2) The Secretary looks for 75.217(d)(3), the past performance of the competition to receive an award that information that shows— applicant in carrying out a previous over the course of the project period (i) The qualifications of the project award, such as the applicant’s use of may exceed the simplified acquisition director; funds, achievement of project threshold (currently $150,000), under 2 (ii) The qualifications of each of the objectives, and compliance with grant CFR 200.205(a)(2) we must make a other key personnel to be used in the conditions. The Secretary also may judgment about your integrity, business project; consider whether the applicant failed to ethics, and record of performance under (iii) The time that each person submit a timely performance report or Federal awards—that is, the risk posed referred to in paragraphs (b)(2)(i) and (ii) submitted a report of unacceptable by you as an applicant—before we make of this section plans to commit to the quality. an award. In doing so, we must consider project; and In addition, in making a competitive any information about you that is in the (iv) The extent to which the applicant, grant award, the Secretary requires integrity and performance system as part of its nondiscriminatory various assurances including those (currently referred to as the Federal employment practices, encourages applicable to Federal civil rights laws Awardee Performance and Integrity applications for employment from that prohibit discrimination in programs Information System (FAPIIS)), persons who are members of groups that or activities receiving Federal financial accessible through the System for have been traditionally assistance from the Department (34 CFR Award Management. You may review underrepresented, such as— and comment on any information about (A) Members of racial or ethnic 100.4, 104.5, 106.4, 108.8, and 110.23). yourself that a Federal agency minority groups; For this competition, a panel of non- previously entered and that is currently (B) Women; Federal reviewers will review each in FAPIIS. (C) Individuals with disabilities; and application in accordance with the (D) The elderly. selection criteria in 34 CFR 642.21. The Please note that, if the total value of (3) To determine the qualifications of individual scores of the reviewers will your currently active grants, cooperative a person, the Secretary considers be added and the sum divided by the agreements, and procurement contracts evidence of past experience and number of reviewers to determine the from the Federal Government exceeds training, in fields related to the peer review score received in the review $10,000,000, the reporting requirements objectives of the project, as well as other process. Additionally, in accordance in 2 CFR part 200, Appendix XII, information that the applicant provides. with 34 CFR 642.22, the Secretary will require you to report certain integrity (c) Budget and cost effectiveness. (10 award prior experience points to eligible information to FAPIIS semiannually. points) applicants by evaluating the applicant’s Please review the requirements in 2 CFR (1) The Secretary reviews each current performance under its expiring part 200, Appendix XII, if this grant application for information that shows Training Program grant. Pursuant to 34 plus all the other Federal funds you that the project has an adequate budget CFR 642.22(b)(1), prior experience receive exceed $10,000,000. points, if any, will be added to the and is cost effective. VI. Award Administration Information (2) The Secretary looks for application’s averaged peer review score information that shows— to determine the total score for each 1. Award Notices: If your application (i) The budget for the project is application. is successful, we notify your U.S. adequate to support the project Under section 402A(c)(3) of the HEA, Representative and U.S. Senators, and activities; and the Secretary is not required to make we send you a Grant Award Notification (ii) Costs are reasonable in relation to awards under the Training Program in (GAN) or an email containing a link to the objectives of the project. the order of the scores received. access an electronic version of your (d) Evaluation plan. (10 points) In the event a tie score exists, the GAN. We may notify you informally, (1) The Secretary reviews each Secretary will select for funding the also. application for information that shows applicant that has the greatest capacity If your application is not evaluated or the quality of the evaluation plan for the to provide training to eligible not selected for funding, we notify you. project. participants in all regions of the Nation 2. Administrative and National Policy (2) The Secretary looks for in order to assure accessibility to the Requirements: We identify information that shows methods of greatest number of prospective training administrative and national policy evaluation that are appropriate for the participants, consistent with 34 CFR requirements in the application package project and, to the extent possible, are 642.20(e). and reference these and other

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requirements in the Applicable receiving training each year; the Adobe Acrobat Reader, which is Regulations section of this notice. percentage of Training Program available free at the site. We reference the regulations outlining participants that, each year, evaluate the You may also access documents of the the terms and conditions of an award in training as benefiting them in increasing Department published in the Federal the Applicable Regulations section of their qualifications and skills in meeting Register by using the article search this notice and include these and other the needs of disadvantaged students; feature at www.federalregister.gov. specific conditions in the GAN. The and the percentage of Training Program Specifically, through the advanced GAN also incorporates your approved participants that, each year, evaluate the search feature at this site, you can limit application as part of your binding training as benefiting them in increasing your search to documents published by commitments under the grant. their knowledge and understanding of the Department. 3. Open Licensing Requirements: the Federal TRIO Programs. All grantees Unless an exception applies, if you are Dated: June 22, 2018. will be required to submit an annual Frank T. Brogan, awarded a grant under this competition, performance report documenting their you will be required to openly license Principal Deputy Assistant Secretary and success in training personnel working Delegated the duties of the Assistant to the public grant deliverables created on TRIO-funded projects, including the in whole, or in part, with Department Secretary, Office of Planning, Evaluation and average cost per trainee and the trainees’ Policy Development, Delegated the duties of grant funds. When the deliverable evaluations of the effectiveness of the the Assistant Secretary, Office of consists of modifications to pre-existing training provided. The success of the Postsecondary Education. works, the license extends only to those Training Program also is assessed on the [FR Doc. 2018–13862 Filed 6–26–18; 8:45 am] modifications that can be separately quantitative and qualitative outcomes of BILLING CODE 4000–01–P identified and only to the extent that the training projects based on project open licensing is permitted under the evaluation results. terms of any licenses or other legal 6. Continuation Awards: In making a DEPARTMENT OF ENERGY restrictions on the use of pre-existing continuation award under 34 CFR works. Additionally, a grantee that is 75.253, the Secretary considers, among awarded competitive grant funds must Federal Energy Regulatory other things: whether a grantee has have a plan to disseminate these public Commission made substantial progress in achieving grant deliverables. This dissemination the goals and objectives of the project; [Docket No. EL18–176–000] plan can be developed and submitted whether the grantee has expended funds after your application has been City of Falmouth, Kentucky; Notice of in a manner that is consistent with its reviewed and selected for funding. For Petition for Declaratory Order approved application and budget; and, additional information on the open if the Secretary has established licensing requirements please refer to 2 Take notice that on June 20, 2018, the performance measurement CFR 3474.20. City of Falmouth, Kentucky (Falmouth 4. Reporting: (a) If you apply for a requirements, the performance targets in or Petitioner) filed a petition for a grant under this competition, you must the grantee’s approved application. declaratory order requesting the ensure that you have in place the In making a continuation grant, the Commission confirm that when necessary processes and systems to Secretary also considers whether the Falmouth changes power suppliers on comply with the reporting requirements grantee is operating in compliance with May 1, 2019, Falmouth will be able to in 2 CFR part 170 should you receive the assurances in its approved continue to obtain transmission service funding under the competition. This application, including those applicable over the facilities of East Kentucky does not apply if you have an exception to Federal civil rights laws that prohibit Power Cooperative at the same rates, under 2 CFR 170.110(b). discrimination in programs or activities and under the same terms and (b) At the end of your project period, receiving Federal financial assistance conditions, as would have applied for you must submit a final performance from the Department (34 CFR 100.4, deliveries to Falmouth’s load had it report, including financial information, 104.5, 106.4, 108.8, and 110.23). remained a power supply customer of Kentucky Utilities Company, as more as directed by the Secretary. If you VII. Other Information receive a multiyear award, you must fully explained in the petition. submit an annual performance report Accessible Format: Individuals with Any person desiring to intervene or to that provides the most current disabilities can obtain this document protest this filing must file in performance and financial expenditure and a copy of the application package in accordance with Rules 211 and 214 of information as directed by the Secretary an accessible format (e.g., braille, large the Commission’s Rules of Practice and under 34 CFR 75.118. The Secretary print, audiotape, or compact disc) on Procedure (18 CFR 385.211, 385.214). may also require more frequent request to one of the program contact Protests will be considered by the performance reports under 34 CFR persons listed under FOR FURTHER Commission in determining the 75.720(c). For specific requirements on INFORMATION CONTACT. appropriate action to be taken, but will reporting, please go to www.ed.gov/ Electronic Access to This Document: not serve to make protestants parties to fund/grant/apply/appforms/ The official version of this document is the proceeding. Any person wishing to appforms.html. the document published in the Federal become a party must file a notice of (c) Under 34 CFR 75.250(b), the Register. You may access the official intervention or motion to intervene, as Secretary may provide a grantee with edition of the Federal Register and the appropriate. Such notices, motions, or additional funding for data collection Code of Federal Regulations via the protests must be filed on or before the analysis and reporting. In this case the Federal Digital System at www.gpo.gov/ comment date. Anyone filing a motion Secretary establishes a data collection fdsys. At this site you can view this to intervene or protest must serve a copy period. document, as well as all other of that document on the Petitioner. 5. Performance Measures: The success documents of this Department The Commission encourages of the Training Program is measured by published in the Federal Register, in electronic submission of protests and its cost-effectiveness based on the text or Portable Document Format interventions in lieu of paper using the number of TRIO project personnel (PDF). To use PDF you must have eFiling link at http://www.ferc.gov.

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Persons unable to file electronically accordance with Rules 211 and 214 of accordance with Rules 211 and 214 of should submit an original and 5 copies the Commission’s Rules of Practice and the Commission’s Rules of Practice and of the protest or intervention to the Procedure (18 CFR 385.211 and Procedure (18 CFR 385.211, 385.214). Federal Energy Regulatory Commission, 385.214). Protests will be considered by Protests will be considered by the 888 First Street NE, Washington, DC the Commission in determining the Commission in determining the 20426. appropriate action to be taken, but will appropriate action to be taken, but will This filing is accessible on-line at not serve to make protestants parties to not serve to make protestants parties to http://www.ferc.gov, using the eLibrary the proceeding. Any person wishing to the proceeding. Any person wishing to link and is available for review in the become a party must file a notice of become a party must file a notice of Commission’s Public Reference Room in intervention or motion to intervene, as intervention or motion to intervene, as Washington, DC. There is an appropriate. The Respondents’ answer appropriate. Such notices, motions, or eSubscription link on the website that and all interventions, or protests must protests must be filed on or before the enables subscribers to receive email be filed on or before the comment date. comment date. On or before the notification when a document is added The Respondents’ answer, motions to comment date, it is not necessary to to a subscribed docket(s). For assistance intervene, and protests must be served serve motions to intervene or protests with any FERC Online service, please on the Complainant. on persons other than the Applicant. email [email protected], or The Commission encourages The Commission encourages call (866) 208–3676 (toll free). For TTY, electronic submission of protests and electronic submission of protests and call (202) 502–8659. interventions in lieu of paper using the interventions in lieu of paper using the Comment Date: 5:00 p.m. Eastern time eFiling link at http://www.ferc.gov. eFiling link at http://www.ferc.gov. on July 19, 2018. Persons unable to file electronically Persons unable to file electronically Dated: June 21, 2018. should submit an original and 5 copies should submit an original and 5 copies Nathaniel J. Davis, Sr., of the protest or intervention to the of the protest or intervention to the Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, Deputy Secretary. 888 First Street NE, Washington, DC 888 First Street NE, Washington, DC [FR Doc. 2018–13850 Filed 6–26–18; 8:45 am] 20426. 20426. BILLING CODE 6717–01–P This filing is accessible on-line at This filing is accessible on-line at http://www.ferc.gov, using the eLibrary http://www.ferc.gov, using the eLibrary link and is available for review in the link and is available for review in the DEPARTMENT OF ENERGY Commission’s Public Reference Room in Commission’s Public Reference Room in Federal Energy Regulatory Washington, DC. There is an Washington, DC. There is an Commission eSubscription link on the website that eSubscription link on the website that enables subscribers to receive email enables subscribers to receive email [Docket No. EL18–177–000] notification when a document is added notification when a document is added to a subscribed docket(s). For assistance to a subscribed docket(s). For assistance CXA La Paloma, LLC v. California with any FERC Online service, please with any FERC Online service, please Independent System Operator email [email protected], or email [email protected], or Corporation; Notice of Complaint call (866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, Take notice that on June 20, 2018, call (202) 502–8659. call (202) 502–8659. pursuant to section 206 of the Federal Comment Date: 5:00 p.m. Eastern Comment Date: 5:00 p.m. Eastern Power Act, 16 U.S.C. 824e and Rule 206 Time on July 10, 2018. Time on July 11, 2018. of the Federal Energy Regulatory Dated: June 21, 2018. Dated: June 21, 2018. Commission’s (Commission) Rules of Nathaniel J. Davis, Sr., Nathaniel J. Davis, Sr., Practice and Procedure, 18 CFR 385.206, Deputy Secretary. Deputy Secretary. CXA La Paloma, LLC (Complainant) [FR Doc. 2018–13851 Filed 6–26–18; 8:45 am] [FR Doc. 2018–13854 Filed 6–26–18; 8:45 am] filed a formal complaint against BILLING CODE 6717–01–P BILLING CODE 6717–01–P California Independent System Operator Corporation (CAISO or Respondent) alleging that, CAISO’s continued DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY reliance on short-term, interim, stopgap mechanisms for resource adequacy has Federal Energy Regulatory Federal Energy Regulatory created a resource adequacy regime that Commission Commission is unjust and unreasonable and unduly discriminatory. CXA La Paloma, LLC [Docket No. EL18–175–000] [Docket No. CP18–501–000] requests that the Commission order American Municipal Power, Inc.; Notice Southern Star Central Gas Pipeline, CAISO to implement a centralized of Filing Inc.; Notice of Request Under Blanket resource adequacy procurement process Authorization including a downward sloped demand Take notice that on June 20, 2018, curve, uniform locational pricing, and American Municipal Power, Inc. Take notice that on June 11, 2018, several other key features, all as more submitted a filing of proposed cost- Southern Star Central Gas Pipeline, Inc. fully explained in the complaint. based revenue requirement for the (Southern Star), 4700 Highway 56, CXA La Paloma, LLC certifies that provision of Reactive Supply and Owensboro, Kentucky 42301, filed a copies of the complaint were served on Voltage Control from Generation or prior notice application pursuant to the contacts for Respondent as listed on Other Sources Service under Schedule 2 sections 157.205, and 157.208 of the the Commission’s list of Corporate of the PJM Interconnection, L.L.C. Open Federal Energy Regulatory Officials. Access Transmission Tariff. Commission’s (Commission) regulations Any person desiring to intervene or to Any person desiring to intervene or to under the Natural Gas Act (NGA), and protest this filing must file in protest this filing must file in Southern Star’s blanket certificate

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issued in Docket No. CP82–479–000. authorized effective the day after the copies of the environmental documents, Southern Star requests authorization to time allowed for filing a protest. If a and will be notified of meetings increase the maximum operating protest is filed and not withdrawn associated with the Commission’s pressure on Southern Star’s Blue within 30 days after the allowed time environmental review process. Mountain Chisholm Trail Lateral (also for filing a protest, the instant request Environmental commenters will not be referred to herein as Line VP–079) shall be treated as an application for required to serve copies of filed pipeline in Grady County, Oklahoma to authorization pursuant to section 7 of documents on all other parties. its designed maximum allowable the NGA. However, the non-party commenter will operating pressure (MAOP) of 1460 psig, Pursuant to section 157.9 of the not receive copies of all documents filed all as more fully set forth in the Commission’s rules, 18 CFR 157.9, by other parties or issued by the application, which is open to the public within 90 days of this Notice the Commission (except for the mailing of for inspection. The filing may also be Commission staff will either: Complete environmental documents issued by the viewed on the web at http:// its environmental assessment (EA) and Commission) and will not have the right place it into the Commission’s public www.ferc.gov using the ‘‘eLibrary’’ link. to seek court review of the record (eLibrary) for this proceeding, or Enter the docket number excluding the Commission’s final order. last three digits in the docket number issue a Notice of Schedule for field to access the document. For Environmental Review. If a Notice of The Commission strongly encourages assistance, contact FERC at Schedule for Environmental Review is electronic filings of comments, protests [email protected] or call issued, it will indicate, among other and interventions in lieu of paper using toll-free, (866) 208–3676 or TTY, (202) milestones, the anticipated date for the the eFiling link at http://www.ferc.gov. 502–8659. Commission staff’s issuance of the final Persons unable to file electronically Any questions regarding this environmental impact statement (FEIS) should submit an original and 5 copies application should be directed to Cindy or EA for this proposal. The filing of the of the protest or intervention to the Thompson, Manager, Regulatory, EA in the Commission’s public record Federal Energy Regulatory Commission, Southern Star Central Gas Pipeline, Inc., for this proceeding or the issuance of a 888 First Street NE, Washington, DC 4700 Highway 56, Owensboro, Notice of Schedule for Environmental 20426. Kentucky 42301 or phone (270) 852– Review will serve to notify federal and Dated: June 21, 2018. 4655, or by email at state agencies of the timing for the [email protected]. completion of all necessary reviews, and Nathaniel J. Davis, Sr., Any person or the Commission’s staff the subsequent need to complete all Deputy Secretary. may, within 60 days after issuance of federal authorizations within 90 days of [FR Doc. 2018–13848 Filed 6–26–18; 8:45 am] the instant notice by the Commission, the date of issuance of the Commission BILLING CODE 6717–01–P file pursuant to Rule 214 of the staff’s FEIS or EA. Commission’s Procedural Rules (18 CFR Persons who wish to comment only 385.214) a motion to intervene or notice on the environmental review of this DEPARTMENT OF ENERGY of intervention and pursuant to Section project should submit an original and 157.205 of the regulations under the two copies of their comments to the Federal Energy Regulatory NGA (18 CFR 157.205), a protest to the Secretary of the Commission. Commission request. If no protest is filed within the Environmental commenters will be time allowed therefore, the proposed placed on the Commission’s Notice of Institution of Section 206 activity shall be deemed to be environmental mailing list, will receive Proceedings and Refund Effective Date

Ameren Illinois Company ...... Docket Nos. EL18–155–000. Ameren Transmission Company of Illinois ...... Docket Nos. EL18–156–000. American Transmission Company, LLC ...... Docket Nos. EL18–157–000. GridLiance West Transco LLC ...... Docket Nos. EL18–158–000. International Transmission Company ...... Docket Nos. EL18–159–000. ITC Midwest, LLC ...... Docket Nos. EL18–160–000. Northern States Power Company, a Minnesota corporation ...... Docket Nos. EL18–161–000. Northern States Power Company, a Wisconsin corporation ...... Docket Nos. EL18–162–000. Public Service Company of Colorado ...... Docket Nos. EL18–163–000. Southern California Edison Company ...... Docket Nos. EL18–164–000. TransCanyon DCR, LLC ...... Docket Nos. EL18–165–000. Southwestern Public Service Company ...... Docket Nos. EL18–166–000. Virginia Electric and Power Company ...... Docket Nos. EL18–167–000 (not consoli- dated).

On June 21, 2018, the Commission Illinois Company, Ameren Transmission Public Service Company, and Virginia issued an order in Docket Nos. EL18– Company of Illinois, American Electric and Power Company 155–000, EL18–156–000, EL18–157– Transmission Company, LLC, (collectively, Respondents) may be 000, EL18–158–000, EL18–159–000, GridLiance West Transco LLC, unjust, unreasonable, or unduly EL18–160–000, EL18–161–000, EL18– International Transmission Company, discriminatory or preferential. Ameren 162–000, EL18–163–000, EL18–164– ITC Midwest, LLC, Northern States Illinois Company, et al., 163 FERC 000, EL18–165–000, EL18–166–000, and Power Company, a Minnesota 61,200 (2018). EL18–167–000, pursuant to section 206 corporation, Northern States Power The refund effective date in Docket of the Federal Power Act (FPA), 16 Company, a Wisconsin corporation, Nos. EL18–155–000, EL18–156–000, U.S.C. 824e (2012), instituting Public Service Company of Colorado, EL18–157–000, EL18–158–000, EL18– investigations into whether the Southern California Edison Company, 159–000, EL18–160–000, EL18–161– transmission formula rates of Ameren TransCanyon DCR, LLC, Southwestern 000, EL18–162–000, EL18–163–000,

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EL18–164–000, EL18–165–000, EL18– approved the Town of Bedford’s request DEPARTMENT OF ENERGY 166–000, and EL18–167–000, to use the Traditional Licensing Process. Federal Energy Regulatory established pursuant to section 206(b) of k. With this notice, we are initiating Commission the FPA, will be the date of publication informal consultation with the U.S. Fish of this notice in the Federal Register. and Wildlife Service under section 7 of Any interested person desiring to be Combined Notice of Filings the Endangered Species Act and the heard in the proceeding associated with joint agency regulations thereunder at Take notice that the Commission has a particular Respondent must file a 50 CFR part 402. We are also initiating received the following Natural Gas notice of intervention or motion to Pipeline Rate and Refund Report filings: intervene, as appropriate, in the docket consultation with the Virginia State number identified in the caption of this Historic Preservation Officer, as Filings Instituting Proceedings required by section 106, National notice, with the Federal Energy Docket Numbers: RP18–900–000. Regulatory Commission, 888 First Street Historic Preservation Act, and the Applicants: Midcontinent Express NE, Washington, DC 20426, in implementing regulations of the Pipeline LLC. accordance with Rule 214 of the Advisory Council on Historic Description: § 4(d) Rate Filing: Commission’s Rules of Practice and Preservation at 36 CFR 800.2. Removal of Expiring Newfield Procedure, 18 CFR 385.214 (2017), l. The Town of Bedford filed a Pre- Agreements to be effective 8/1/2018. within 21 days of the date of issuance Application Document (PAD; including Filed Date: 6/20/18. of the order. a proposed process plan and schedule) Accession Number: 20180620–5017. Dated: June 21, 2018. with the Commission, pursuant to 18 Comments Due: 5 p.m. ET 7/2/18. Nathaniel J. Davis, Sr., CFR 5.6 of the Commission’s Docket Numbers: RP18–901–000. Deputy Secretary. regulations. Applicants: El Paso Natural Gas Company, L.L.C. [FR Doc. 2018–13849 Filed 6–26–18; 8:45 am] m. A copy of the PAD is available for Description: § 4(d) Rate Filing: BILLING CODE 6717–01–P review at the Commission in the Public Negotiated Rate Agreement Update Reference Room or may be viewed on (Pioneer July–Sept 2018) to be effective the Commission’s website (http:// DEPARTMENT OF ENERGY 7/1/2018. www.ferc.gov), using the eLibrary link. Filed Date: 6/20/18. Federal Energy Regulatory Enter the docket number, excluding the Accession Number: 20180620–5091. Commission last three digits in the docket number Comments Due: 5 p.m. ET 7/2/18. field to access the document. For Docket Numbers: RP18–902–000. [Project No. 5596–019] assistance, contact FERC Online Applicants: El Paso Natural Gas Support at FERCOnlineSupport@ Town of Bedford; Notice of Intent To Company, L.L.C. ferc.gov, (866) 208–3676 (toll free), or File License Application, Filing of Pre- Description: § 4(d) Rate Filing: Tariff Application Document, and Approving (202) 502–8659 (TTY). A copy is also Merger Filing—June 18 to be effective Use of the Traditional Licensing available for inspection and 7/21/2018. Filed Date: 6/20/18. Process reproduction at the address in paragraph h. Accession Number: 20180620–5093. Comments Due: 5 p.m. ET 7/2/18. a. Type of Filing: Notice of Intent to n. The Town of Bedford states its File License Application and Request to unequivocal intent to submit an Docket Numbers: RP18–903–000. Applicants: Dauphin Island Gathering Use the Traditional Licensing Process. application for a new license for Project b. Project No.: 5596–019. Partners. No. 5596. Pursuant to 18 CFR 16.8, 16.9, c. Date Filed: April 30, 2018. Description: § 4(d) Rate Filing: and 16.10 each application for a new d. Submitted By: Town of Bedford. Negotiated Rate Filing 6–21–2018 to be e. Name of Project: Bedford license and any competing license effective 6/21/2018. Hydroelectric Project. applications must be filed with the Filed Date: 6/20/18. f. Location: On the James River, in Commission at least 24 months prior to Accession Number: 20180620–5117. Amherst and Bedford Counties, the expiration of the existing license. Comments Due: 5 p.m. ET 7/2/18. Virginia. The project does not occupy All applications for license for this The filings are accessible in the federal lands. project must be filed by April 30, 2021. Commission’s eLibrary system by g. Filed Pursuant to: 18 CFR 5.3 of the o. Register online at http:// clicking on the links or querying the Commission’s regulations. www.ferc.gov/docs-filing/ docket number. h. Applicant Contact: M. Scott esubscription.asp to be notified via Any person desiring to intervene or Salmon, Electrical Department, Town of email of new filing and issuances protest in any of the above proceedings Bedford, 877 Monroe Street, Bedford, related to this or other pending projects. must file in accordance with Rules 211 Virginia 24523, (540) 587–6022; or Jot For assistance, contact FERC Online and 214 of the Commission’s Splenda at (919) 866–4417; email— Support. Regulations (18 CFR 385.211 and [email protected]. 385.214) on or before 5:00 p.m. Eastern i. FERC Contact: Allyson Conner at Dated: June 21, 2018. time on the specified comment date. (202) 502–6082; or email at Nathaniel J. Davis, Sr., Protests may be considered, but [email protected]. Deputy Secretary. intervention is necessary to become a j. The Town of Bedford filed its [FR Doc. 2018–13855 Filed 6–26–18; 8:45 am] party to the proceeding. request to use the Traditional Licensing BILLING CODE 6717–01–P eFiling is encouraged. More detailed Process on April 30, 2018. The Town of information relating to filing Bedford provided public notice of its requirements, interventions, protests, request on May 23, 2018. In a letter service, and qualifying facilities filings dated June 21, 2018, the Director of the can be found at: http://www.ferc.gov/ Division of Hydropower Licensing docs-filing/efiling/filing-req.pdf. For

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other information, call (866) 208–3676 The final EIS addresses the potential In addition, the Commission offers a (toll free). For TTY, call (202) 502–8659. environmental effects of the free service called eSubscription, which Dated: June 21, 2018. construction and operation of the allows you to keep track of all formal Nathaniel J. Davis, Sr., following proposed project facilities in issuances and submittals in specific Oklahoma: dockets. This can reduce the amount of Deputy Secretary. • 199.7 miles of new 36-inch- time you spend researching proceedings [FR Doc. 2018–13847 Filed 6–26–18; 8:45 am] diameter natural gas pipeline in by automatically providing you with BILLING CODE 6717–01–P Kingfisher, Canadian, Grady, Garvin, notification of these filings, document Stephens, Carter, Johnston, and Bryan summaries, and direct links to the Counties; documents. Go to www.ferc.gov/docs- DEPARTMENT OF ENERGY • 20.5 miles of new 30-inch-diameter filing/esubscription.asp. Federal Energy Regulatory pipeline lateral in Kingfisher County; Dated: June 21, 2018. • Commission 13.8 miles of new 16-inch-diameter Nathaniel J. Davis, Sr., pipeline lateral in Stephens, Carter, and Deputy Secretary. [Docket No. CP17–458–000] Garvin Counties; • [FR Doc. 2018–13852 Filed 6–26–18; 8:45 am] Midship Pipeline Company, LLC; 0.1 mile of new 24-inch-diameter tie-in piping in Canadian County; BILLING CODE 6717–01–P Notice of Availability of the Final • Environmental Impact Statement for three new compressor stations and the Proposed Midcontinent Supply one new booster station in Canadian, DEPARTMENT OF ENERGY Header Interstate Pipeline Project Garvin, Bryan, and Stephens Counties; and Federal Energy Regulatory The staff of the Federal Energy • eight new receipt meters, two new Commission Regulatory Commission (FERC or receipt taps, four new delivery meters, Commission) has prepared a final and appurtenant facilities. Combined Notice of Filings #1 environmental impact statement (EIS) The FERC staff mailed copies of the Take notice that the Commission for the Midcontinent Supply Header EIS to federal, state, and local received the following electric corporate Interstate Pipeline Project, proposed by government representatives and filings: Midship Pipeline Company, LLC agencies; elected officials; (Midship Pipeline) in the above- environmental and public interest Docket Numbers: EC18–105–000. Applicants: GenOn Energy referenced docket. Midship Pipeline groups; Native American tribes; Management, LLC, GenOn Mid-Atlantic, requests authorization to construct and potentially affected landowners and LLC, NRG REMA LLC. operate approximately 234.1 miles of other interested individuals and groups; Description: Joint Application of new pipeline, three compressor stations, and newspapers and libraries in the GenOn Energy Management, LLC, et al. a booster station, and accompanying project area. Paper copy versions of for Approval Under Section 203 of the facilities in Oklahoma. The project Volume I of the EIS were mailed to Federal Power Act and Request for would deliver an additional 1,440 those specifically requesting them; all Expedited Action. million standard cubic feet per day of recipients received a CD version Filed Date: 6/20/18. year-round firm transportation capacity containing both Volumes I and II of the Accession Number: 20180620–5120. from Kingfisher County, Oklahoma to EIS. In addition, the EIS is available for Comments Due: 5 p.m. ET 7/11/18. existing natural gas pipelines near public viewing on the FERC’s website Bennington, Oklahoma for transport to (www.ferc.gov) using the eLibrary link. Docket Numbers: EC18–106–000. Applicants: Colorado Green Holdings growing Gulf Coast and Southeast A limited number of copies are available LLC. Markets. for distribution and public inspection Description: Application for Approval The final EIS assesses the potential at: Federal Energy Regulatory Pursuant to Section 203 of the Federal environmental effects of the Commission, Public Reference Room, Power Act, and Requests for Waivers, construction and operation of the 888 First Street NE, Room 2A, Privileged Treatment and Expedited project in accordance with the Washington, DC 20426, (202) 502–8371. requirements of the National Consideration of Colorado Green Environmental Policy Act (NEPA). The Questions? Holdings LLC. Filed Date: 6/21/18. FERC staff concludes that approval of Additional information about the Accession Number: 20180621–5077. the project would result in some adverse project is available from the Comments Due: 5 p.m. ET 7/12/18. environmental impacts; however, these Commission’s Office of External Affairs, impacts would be reduced to less-than- at (866) 208–FERC, or on the FERC Take notice that the Commission significant levels with the website (www.ferc.gov) using the received the following exempt implementation of Midship Pipeline’s eLibrary link. Click on the eLibrary link, wholesale generator filings: proposed mitigation and the additional click on General Search, and enter the Docket Numbers: EG18–102–000. measures recommended in the final EIS. docket number in the Docket Number Applicants: Holloman Lessee LLC. The U.S. Environmental Protection field excluding the last three digits (i.e., Description: Notice of Self- Agency participated as a cooperating CP17–458). Be sure you have selected Certification of Exempt Wholesale agency in the preparation of the EIS. an appropriate date range. For Generator Status of Holloman Lessee Cooperating agencies have jurisdiction assistance, please contact FERC Online LLC. by law or special expertise with respect Support at [email protected] Filed Date: 6/21/18. to resources potentially affected by the or toll free at (866) 208–3676; for TTY, Accession Number: 20180621–5057. proposal and participate in the NEPA contact (202) 502–8659. The eLibrary Comments Due: 5 p.m. ET 7/12/18. analysis. The U.S. Environmental link also provides access to the texts of Take notice that the Commission Protection Agency provided input to the all formal documents issued by the received the following electric rate conclusions and recommendations Commission, such as orders, notices, filings: presented in the final EIS. and rulemakings. Docket Numbers: ER13–1667–003.

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Applicants: Battery Utility of Ohio, and 214 of the Commission’s 989–1205, or by email at LLC. Regulations (18 CFR 385.211 and [email protected]. Description: Notice of Change in 385.214) on or before 5:00 p.m. Eastern Any person or the Commission’s staff Status of Battery Utility of Ohio, LLC. time on the specified comment date. may, within 60 days after issuance of Filed Date: 6/20/18. Protests may be considered, but the instant notice by the Commission, Accession Number: 20180620–5118. intervention is necessary to become a file pursuant to Rule 214 of the Comments Due: 5 p.m. ET 7/11/18. party to the proceeding. Commission’s Procedural Rules (18 CFR Docket Numbers: ER17–469–002. eFiling is encouraged. More detailed 385.214) a motion to intervene or notice Applicants: Southwest Power Pool, information relating to filing of intervention and pursuant to Section Inc. requirements, interventions, protests, 157.205 of the regulations under the Description: Compliance filing: service, and qualifying facilities filings NGA (18 CFR 157.205), a protest to the Midwest Energy Formula Rate Revisions can be found at: http://www.ferc.gov/ request. If no protest is filed within the Compliance Filing to be effective docs-filing/efiling/filing-req.pdf. For time allowed therefore, the proposed 1/1/2017. other information, call (866) 208–3676 activity shall be deemed to be Filed Date: 6/21/18. (toll free). For TTY, call (202) 502–8659. authorized effective the day after the Accession Number: 20180621–5025. Dated: June 21, 2018. time allowed for filing a protest. If a Comments Due: 5 p.m. ET 7/12/18. Nathaniel J. Davis, Sr., protest is filed and not withdrawn within 30 days after the allowed time Docket Numbers: ER18–1703–001. Deputy Secretary. for filing a protest, the instant request Applicants: Entergy Arkansas, Inc., [FR Doc. 2018–13846 Filed 6–26–18; 8:45 am] Entergy Mississippi, Inc., Entergy New shall be treated as an application for BILLING CODE 6717–01–P Orleans, LLC, Entergy Texas, Inc., authorization pursuant to section 7 of Entergy Louisiana, LLC. the NGA. Description: Tariff Amendment: DEPARTMENT OF ENERGY Pursuant to section 157.9 of the Entergy OpCos Reactive Power Update Commission’s rules, 18 CFR 157.9, Errata (ER18–1703) to be effective Federal Energy Regulatory within 90 days of this Notice the 6/1/2018. Commission Commission staff will either: Complete Filed Date: 6/21/18. its environmental assessment (EA) and [Docket No. CP18–502–000] Accession Number: 20180621–5075. place it into the Commission’s public Comments Due: 5 p.m. ET 7/12/18. Panhandle Eastern Pipe Line record (eLibrary) for this proceeding, or Docket Numbers: ER18–1811–000. Company, LP; Notice of Request Under issue a Notice of Schedule for Applicants: Southwest Power Pool, Blanket Authorization Environmental Review. If a Notice of Inc. Schedule for Environmental Review is Description: § 205(d) Rate Filing: Take notice that on June 11, 2018, issued, it will indicate, among other 1276R17 KCPL NITSA NOA to be Panhandle Eastern Pipe Line, LP milestones, the anticipated date for the effective 9/1/2018. (Panhandle), P.O. Box 4967, Houston, Commission staff’s issuance of the final Filed Date: 6/21/18. Texas 77210–4967, filed a prior notice environmental impact statement (FEIS) Accession Number: 20180621–5033. application pursuant to sections or EA for this proposal. The filing of the Comments Due: 5 p.m. ET 7/12/18. 157.205, and 157.208(f)(2) of the Federal EA in the Commission’s public record for this proceeding or the issuance of a Docket Numbers: ER18–1812–000. Energy Regulatory Commission’s Notice of Schedule for Environmental Applicants: Midcontinent (Commission) regulations under the Review will serve to notify federal and Independent System Operator, Inc. Natural Gas Act (NGA), and Panhandle’s state agencies of the timing for the Description: § 205(d) Rate Filing: blanket certificate issued in Docket No. completion of all necessary reviews, and 2018–06–21 SA 3126/3127 ATC– CP83–83–000. Panhandle requests the subsequent need to complete all WEPCo Project Commitment Agrmts authorization to decrease the maximum federal authorizations within 90 days of Juneautown to be effective 8/21/2018. allowable operating pressure (MAOP) of the date of issuance of the Commission Filed Date: 6/21/18. a segment of its State Line Lateral staff’s FEIS or EA. Accession Number: 20180621–5054. located in Johnson County, Kansas and Comments Due: 5 p.m. ET 7/12/18. Jackson County, Missouri, due to the Persons who wish to comment only recent compliance testing results in on the environmental review of this Take notice that the Commission accordance with U.S. Department of project should submit an original and received the following electric securities Transportation regulations, all as more two copies of their comments to the filings: fully set forth in the application, which Secretary of the Commission. Docket Numbers: ES18–41–000. is open to the public for inspection. The Environmental commenters will be Applicants: Northern Pass filing may also be viewed on the web at placed on the Commission’s Transmission LLC. http://www.ferc.gov using the eLibrary environmental mailing list, will receive Description: Application for link. Enter the docket number excluding copies of the environmental documents, Authority to Issue Debt Securities of the last three digits in the docket and will be notified of meetings Northern Pass Transmission LLC. number field to access the document. associated with the Commission’s Filed Date: 6/20/18. For assistance, contact FERC at environmental review process. Accession Number: 20180620–5131. [email protected] or call Environmental commenters will not be Comments Due: 5 p.m. ET 7/11/18. toll-free, (866) 208–3676 or TTY, (202) required to serve copies of filed The filings are accessible in the 502–8659. documents on all other parties. Commission’s eLibrary system by Any questions regarding this However, the non-party commenter will clicking on the links or querying the application should be directed to Blair not receive copies of all documents filed docket number. Lichtenwalter, Senior Director of by other parties or issued by the Any person desiring to intervene or Certificates, Panhandle Eastern Pipe Commission (except for the mailing of protest in any of the above proceedings Line Company, LP, 1300 Main Street, environmental documents issued by the must file in accordance with Rules 211 Houston, Texas 77002 or phone (713) Commission) and will not have the right

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to seek court review of the I. General Information Century Act amended TSCA (15 U.S.C. Commission’s final order. 2601 et seq.), the nation’s primary A. Does this action apply to me? The Commission strongly encourages chemicals management law. Along with electronic filings of comments, protests You may be potentially affected by new requirements and deadlines for and interventions in lieu of paper using this action if you are required to actions related to the regulation of new the eFiling link at http://www.ferc.gov. conduct testing of chemical substances and existing chemicals in the U.S., the Persons unable to file electronically under the Toxic Substances Control Act new law includes changes to TSCA should submit an original and 5 copies (TSCA). Since other entities may also be section 4 (Testing of Chemical of the protest or intervention to the interested, the Agency has not Substances and Mixtures). Specifically, Federal Energy Regulatory Commission, attempted to describe all the specific a new TSCA section 4(h) has been 888 First Street NE, Washington, DC entities that may be affected by this added entitled Reduction of Testing on 20426. action. The following list of North Vertebrates. TSCA section 4(h)(2)(A) Dated: June 21, 2018. American Industrial Classification states that EPA shall ‘‘. . ., not later Nathaniel J. Davis, Sr., System (NAICS) codes is not intended than 2 years after June 22, 2016, develop Deputy Secretary. to be exhaustive, but rather provides a a strategic plan to promote the guide to help readers determine whether development and implementation of [FR Doc. 2018–13853 Filed 6–26–18; 8:45 am] this document applies to them. alternative test methods and strategies BILLING CODE 6717–01–P Potentially affected entities may to reduce, refine, or replace vertebrate include: animal testing and provide information • Basic Chemical Manufacturers of equivalent or better scientific quality ENVIRONMENTAL PROTECTION (NAICS code 3251); and relevance for assessing risks of AGENCY • Resin, Synthetic Rubber, and injury to health or the [EPA–HQ–OPPT–2017–0559; FRL–9978–62] Artificial Synthetic Fibers and Filament environment. . .’’. (15 U.S.C. Manufacturers (NAICS code 3252); 2603(h)(2)(A)). Final Strategic Plan To Promote the • Pesticide, Fertilizer, and Other D. What action is the Agency taking? Development and Implementation of Agricultural Chemical Manufacturers Alternative Test Methods Supporting (NAICS code 3255); In fulfillment of the requirements in the Toxic Substances Control Act • Paint, Coating, and Adhesive TSCA section 4(h)(2)(A), EPA has (TSCA); Notice of Availability Manufacturers (NAICS code 3255); prepared a final Strategic Plan to • Other Chemical Product and ‘‘promote the development and AGENCY: Environmental Protection Preparation Manufacturers (NAICS code implementation of alternative test Agency (EPA). 3259); and Petroleum Refineries (NAICS methods and strategies to reduce, refine ACTION: Notice. code 32411); or replace vertebrate animal testing and • Animal Welfare Groups; provide information of equivalent or SUMMARY: As required by TSCA, which • was amended by the Frank R. Environmental non-governmental better scientific quality and relevance organizations; for assessing risks of injury to health or Lautenberg Chemical Safety for the 21st • Century Act in June 2016, EPA is Toxicity testing laboratories the environment of chemical substances (contract labs); or mixtures . . .’’. The Strategic Plan is announcing the availability of a • document entitled: Strategic Plan to Academic/non-profit groups being made available in both the docket Promote the Development and involved in developing and using and on the EPA website. Implementation of Alternative Test alternative toxicity test methods. In addition, making available a response to comments document that Methods Supporting the Toxic B. How can I get copies of this document addresses comments on the draft Substances Control Act (TSCA). EPA is and other related information? Strategic Plan received through May 11, also making available a response to The docket for this action, identified comments document that addresses 2018. The response to comment by docket identification (ID) number document is available in the docket. comments received on the draft EPA–HQ–OPPT–2017–0559, is available Strategic Plan. (http://www.regulations.gov; docket ID at http://www.regulations.gov or at the number HQ–OPPT–2017–0559) FOR FURTHER INFORMATION CONTACT: Office of Pollution Prevention and For technical information contact: Toxics Docket (OPPT Docket), II. Background Louis Scarano, Risk Assessment Environmental Protection Agency OPPT hosted a public meeting on Division, Office of Pollution Prevention Docket Center (EPA/DC), West William November 2, 2017, in which a and Toxics, Environmental Protection Jefferson Clinton Bldg., Rm. 3334, 1301 conceptual approach to this final Agency, 1200 Pennsylvania Ave. NW, Constitution Ave. NW, Washington, DC. Strategic Plan was presented. Meeting Washington, DC 20460–0001; telephone The Public Reading Room is open from materials and public comments received number: 202–564–2851, email address: 8:30 a.m. to 4:30 p.m., Monday through through January 10, 2018, can be found [email protected]. In addition, Friday, excluding legal holidays. The in the docket (http:// progress on this activity will be telephone number for the Public www.regulations.gov; docket ID number periodically updated at the following Reading Room is (202) 566–1744, and HQ–OPPT–2017–0559). page on the OPPT website at https:// the telephone number for the OPPT A draft Strategic Plan was published www.epa.gov/assessing-and-managing- Docket is (202) 566–0280. Please review on March 12, 2018, along with a chemicals-under-tsca. the visitor instructions and additional response to comments document that For general information contact: The information about the docket available addressed the comments received TSCA-Hotline, ABVI-Goodwill, 422 at http://www.epa.gov/dockets. through January 10, 2018. OPPT hosted South Clinton Ave., Rochester, NY a second public meeting on April 10, 14620; telephone number: (202) 554– C. What is the Agency’s authority for 2018, to receive input from the public 1404; email address: TSCA-Hotline@ this action? on the draft Strategic Plan. A docket was epa.gov. On June 22, 2016, the Frank R. made available with the meeting SUPPLEMENTARY INFORMATION: Lautenberg Chemical Safety for the 21st materials and allowed for comments to

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be received through May 11, 2018 I. General Information chemical substance is protected from (http://www.regulations.gov; docket ID disclosure.’’ 15 U.S.C. 2613(g)(4). A. Does this action apply to me? number HQ–OPPT–2017–0559). B. EPA Sought Public Comment Authority: 15 U.S.C. 2601 et seq. You may be affected by this action if you have submitted or expect to submit The requirements to assign a UID and Dated: June 21, 2018. information to EPA under TSCA. the unreconciled requirements E. Scott Pruitt, Persons who would use UIDs assigned concerning application of the UID and Administrator. by the Agency to seek information may protection of CBI are more fully [FR Doc. 2018–13833 Filed 6–26–18; 8:45 am] also be affected by this action. The discussed in a document that published BILLING CODE 6560–50–P following list of North American in the Federal Register on May 8, 2017. Industrial Classification System (See 82 FR 21386; May 8, 2017; (NAICS) codes is not intended to be hereafter ‘‘May 2017 Federal Register ENVIRONMENTAL PROTECTION exhaustive, but rather provides a guide document’’.) EPA noted drawbacks to AGENCY to help readers determine whether this each of the two alternative approaches [EPA–HQ–OPPT–2017–0144; FRL–9979–59] document applies to them. Potentially discussed in the May 2017 Federal affected entities may include: Register document, and subsequently TSCA Chemical Substances; Unique • Manufacturers, importers, or developed a third alternative approach Identifier Assignment and Application processors of chemical substances for reconciling the competing Policy; Notice of Availability (NAICS codes 325 and 324110), e.g., requirements of TSCA section 14(g), on chemical manufacturing and petroleum which it requested comment in the AGENCY: Environmental Protection refineries. Federal Register on February 8, 2018. Agency (EPA). (See 83 FR 5623; hereafter ‘‘February B. How can I get copies of this document ACTION: Notice. 2018 Federal Register document’’). and other related information? SUMMARY: As amended in 2016, the The docket for this action, identified III. Policy Toxic Substances Control Act (TSCA) by docket identification (ID) number A. UIDs Will Be a Numerical Identifier requires EPA to develop a system to EPA–HQ–OPPT–2017–0144, is available The UID cannot be the specific assign a unique identifier (UID) at http://www.regulations.gov or at the chemical identity, or a structurally whenever it approves a confidential Office of Pollution Prevention and descriptive generic term. TSCA section business information (CBI) claim for the Toxics Docket (OPPT Docket), 14(a)(4)(A)(i). Consequently, EPA has specific chemical identity of a chemical Environmental Protection Agency developed a system to assign UIDs for substance, to apply this UID to other Docket Center (EPA/DC), West William each substance for which it makes a information concerning the same Jefferson Clinton Bldg., Rm. 3334, 1301 final determination approving a CBI chemical substance, and to ensure that Constitution Ave. NW, Washington, DC. claim for specific chemical identity. The any non-confidential information The Public Reading Room is open from UID is a number that incorporates the received by the Agency identifies the 8:30 a.m. to 4:30 p.m., Monday through year that the claim was asserted (e.g., chemical substance using the UID while Friday, excluding legal holidays. The the first approved claim asserted in the specific chemical identity of the telephone number for the Public 2019 would be UID–2019–00001). chemical substance is protected from Reading Room is (202) 566–1744, and Including this date will facilitate disclosure. EPA previously requested the telephone number for the OPPT tracking of the expiration of the CBI comment on several approaches for Docket is (202) 566–0280. Please review claims for specific chemical identity assigning and applying UIDs. EPA has the visitor instructions and additional made in that document, pursuant to determined that it will use a numerical information about the docket available TSCA section 14(e). The reasons for not identifier that incorporates the year the at http://www.epa.gov/dockets. CBI claim was asserted, and will apply using a preexisting identifier, such as this UID to non-confidential information II. Background the accession number, are further explained in the May 2017 Federal related to the chemical substance, A. What is the authority for this action? except where the Agency’s act of Register document. Note that in the May applying the UID would itself disclose The June 22, 2016, amendments to 2017 Federal Register document, it was to the public the confidential specific TSCA by the Frank R. Lautenberg suggested that the UID year would be chemical identity that the UID was Chemical Safety for the 21st Century based on year the claim was approved. assigned to protect. Act added a requirement in TSCA See 82 FR at 21387. However, because section 14(g)(4) for EPA to, among other the year of approval may be different FOR FURTHER INFORMATION CONTACT: things, ‘‘assign a unique identifier to from the year the claim was asserted For technical information contact: each specific chemical identity for (e.g., claims made in December may not Jessica Barkas, Environmental which the Administrator approves a be approved until the following Assistance Division, Office of Pollution request for protection from disclosure.’’ February), and because the initial Prevention and Toxics, Environmental EPA is required to use the ‘‘unique expiration date of the claim runs from Protection Agency, 1200 Pennsylvania identifier assigned under this paragraph the point that the claim was asserted, Ave. NW, Washington, DC 20460–0001; to protect the specific chemical identity EPA determined that the date would telephone number: (202) 250–8880; in information that the Administrator better facilitate claim expiration email address: [email protected]. has made public’’ and to ‘‘apply that tracking if it were based on the year the For general information contact: The identifier consistently to all information claim was asserted. TSCA-Hotline, ABVI-Goodwill, 422 relevant to the applicable chemical South Clinton Ave. Rochester, NY substance,’’ including ‘‘any non- B. EPA Will Apply UIDs to Related 14620; telephone number: (202) 554– confidential information received by the Documents, Except Where It Discloses 1404; email address: TSCA-Hotline@ Administrator with respect to a Confidential Chemical Identity epa.gov. chemical substance . . . while the EPA is adopting the ‘‘third alternative SUPPLEMENTARY INFORMATION: specific chemical identity of the approach,’’ as described in the February

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2018 Federal Register document. Under linkage between documents concerning commenters responded to both this approach, EPA will assign one UID the same chemical, while at least requests). per chemical substance. In most cases, superficially maintaining the In response to the first request for EPA will apply the UID to all non- confidentiality of the CBI claim for comment (May 2017 Federal Register confidential information relevant to the chemical identity, but would require document), most commenters, including applicable chemical substance, from any withholding or withdrawing seven of eight industry or trade group company. However, in a small number information that would otherwise be (or commenters, and one non-governmental of cases, EPA will not apply the UID to was previously) public. Moreover, organization (NGO) commenter, some non-confidential documents, in because many related documents may preferred the one UID per company- order to preserve approved, still-valid already have long been made public, chemical combination approach CBI claims for specific chemical removing chemical identities from these (‘‘second alternative approach’’). No identity. These would be cases in which documents would have been ineffectual commenter supported the ‘‘first the non-confidential document itself in some cases (such as when the older, alternative approach.’’ One NGO does not undermine the CBI claim, but complete version of a document can be commenter argued that assigning more EPA’s application of the UID to that compared with the newer version with than one UID to any given chemical was document would result in a linkage that specific chemical identity redacted). contrary to the purpose and would undermine the CBI claim and In the ‘‘second alternative approach,’’ requirements of the UID provisions. One reveal the CBI. The criterion for whereby a UID would be assigned to trade association argued for an even application of the UID to submissions each chemical-company combination more complex system of UIDs (the made by different submitters is that the (different companies submitting ‘‘parent-daughter identifier approach’’), Agency’s act of applying the UID must information on the same substance whereby even submissions from the not disclose to the public the would be assigned different UIDs for same company may be assigned confidential specific chemical identity that substance), the CBI protection goal different UIDs, and would involve that the UID was assigned to protect. would at least initially be met, but only assigning additional UIDs for EPA- EPA believes that this is the best of at considerable expense to the other goal generated documents and other third- the approaches considered because it of the UID provisions—to provide the party submissions—none of which most appropriately balances the two public with links between related would be linkable by the public. purposes of the UID provisions: to documents. In addition, this approach In response to the second request for provide public linkages between related would have raised its own comment (February 2018 Federal non-confidential information administrative issues, such as what to Register document), most commenters concerning a particular confidential do with the UID in the case that a expressed support for the ‘‘third chemical substance (i.e., to promote company or parts of a company changes alternative approach’’—applying the transparency), and to protect ownership; how such UIDs would be UID to all related information, but with information that EPA has determined to applied to EPA-generated documents some exceptions to preserve approved be entitled to confidential treatment. It that are relevant to a substance that is and still-valid CBI claims for chemical does so by providing linkages to the referenced in multiple submissions from identity, as explained above. maximum extent possible while still different companies; or how the Commenters supporting the third preserving valid claims of CBI for multiple UIDs would be handled in the alternative approach included three chemical identity. The third alternative case that one company withdraws or trade groups that had previously supported the one UID per company- approach also has the advantage of permits its CBI claim to expire while the chemical combination approach, and being more straightforward to other does not. Finally, this approach two more trade groups that had not administer than the other two seems unreconciled with the TSCA previously commented. One NGO alternative approaches considered. Most section 8(b)(7) requirement to publish commenter maintained the position that public commenters supported this UIDs alongside other identifiers for the they had taken in their earlier comment, approach over the other alternatives for same chemical—accession number, in response to the first request for similar reasons. generic name, and PMN number, where By contrast, the other two alternative comment, that EPA should apply the applicable. Any list that includes all of approaches (described more fully in the UID to all related documents, regardless this information for each chemical May 2017 Federal Register document) of the effect on approved CBI claims for would automatically link submissions would not provide this balance, and chemical identity. This same from different companies by including would have other significant commenter indicated, however, that the all of the UIDs and/or by using the same disadvantages. The ‘‘first alternative third alternative approach was an accession number for multiple listings approach’’ would have construed improvement over, and would be on the same chemical. (For example, if section 14(g)(4)(C) as instructing EPA to preferred to, the other two alternatives. Chemical X has three UIDs, assigned to ensure that any non-confidential One trade group maintained its three different company claims, they information received by EPA concerning preference for a ‘‘parent-daughter would all be linked on this list, because a confidential chemical substance identifier’’ approach. Two commenters Chemical X only has one accession should identify the substance using only did not express a preference or position number, and the list is supposed to the UID, for so long as the confidential with respect to approach, but requested include both accession number and identity remained protected from clarification regarding EPA’s CBI review UID.) disclosure. This approach would have procedures or commented in general involved carefully searching for and IV. Public Comments support of balancing public removing specific chemical identifying transparency with CBI protections. information from all documents relating A. Summary of Public Comments to the applicable chemical, even where In response to the two requests for B. Response to Comments that information was not claimed as comment, in the May 2017 and February EPA has prepared a separate response CBI, in order to replace that specific 2018 Federal Register documents, EPA to comments document, a copy of which information with the UID. This received a total of 20 comments from 14 is available in the docket for this action approach would have provided a identified commenters (some (Ref. 1), and is also including the

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following summary response to selected that approved, valid CBI claims should included this circumstance in the list in comments. be disregarded as UIDs are applied to section 14(g)(4)(D). 1. ‘‘Parent-daughter identifier’’ related documents. As is noted in the The approach suggested by the approach. One commenter proposed May 2017 Federal Register document, commenter might also tend to increase that EPA adopt a system of document EPA understands the UID as having two CBI claims for chemical identity. Many identifiers, such that documents purposes: providing a public linkage TSCA section 8(e) filings, for example, concerning the same substance would between information on the same concern chemicals that are in the use several different identifiers, the chemical substance, and protecting research and development (R&D) stage. relationship between which only EPA approved CBI claims for specific At this early stage, not all companies would be aware. Documents concerning chemical identity. Under the claim the chemical identity as CBI. the same substance, submitted by ‘‘straightforward’’ approach, those two Under the ‘‘straightforward’’ approach, different companies, and even purposes would conflict with each other any time a company chooses to not documents submitted by the same in certain circumstances, while the third claim an R&D chemical identity as CBI, company, would or could have different alternative approach selected by EPA they would foreclose any chance (of identifiers. The public would be able to balances the two purposes without this theirs, or of a competitor’s) to maintain link together only those documents that conflict. a successful CBI claim for the specific are submitted by the same person, and The UID is specifically described in identity of that substance in the future. that have the same CBI status (CBI vs. the statute as an identifier assigned ‘‘to This is because even if such a claim were made and approved in, for non-CBI). The commenter explained protect the specific chemical identity’’ that this system would provide more example, a section 5 Notice of of the subject chemical. Section protection to CBI information than Commencement, the confidential 14(g)(4)(D). It would plainly undermine would be provided by using one chemical identity, and the fact the that Congressional purpose if chemical identity per company, as in substance is in commerce in the United application of the UID itself were the the second alternative approach. States, would be revealed as soon as means by which an otherwise valid This approach would be largely EPA applied the UID to the related R&D chemical identity CBI claim was inconsistent with both the letter of 8(e) submission and made the labeled disclosed. Congress’ intention that the TSCA section 14(g)(4) and the intent of submission public. In order to avoid this UID preserve valid CBI claims is further setting up a UID system. EPA interprets foreclosure of opportunity, TSCA TSCA section 14(g)(4)(A)(i) (requiring evidenced by the requirement that the section 8(e) submitters may feel the Agency to ‘‘assign a unique UID ‘‘shall not be . . . the specific compelled to claim more R&D chemical identifier to each specific chemical chemical identity.’’ Section identities as CBI. identity’’ (emphasis added)), to indicate 14(g)(4)(A)(i). Similarly, section EPA believes that section 14(g)(4) is that the UID was intended to be a single 14(g)(4)(B) requires EPA to publish an best read as instructing EPA to provide identifier for each chemical. Moreover, annual list of confidential chemical a public linkage of non-confidential as noted in the February 2018 Federal substances ‘‘referred to by their unique information that concerns each Register document, the reason for identifiers . . . including the expiration confidential chemical substance, while assigning multiple UIDs per chemical date for each such claim.’’ This further simultaneously protecting approved and (CBI protection) is not possible to reflects Congress’ understanding that valid CBI claims. It is both appropriate reconcile with the TSCA section 8(b)(7) the duration of a valid CBI claim would and lawful for EPA to interpret requirement that for each confidential be determined by its expiration date and conflicting requirements of a provision chemical substance, EPA ‘‘shall make that the UID would serve to link in a manner that minimizes those available to the public . . . the unique documents pertaining to a confidential conflicts, because provisions of a text identifier assigned under [section 14], chemical during that period, not to should be interpreted in a way that accession number, generic name, and, if terminate the period. Section 14(g)(4)(C) renders them compatible and not applicable, premanufacture notice case in turn instructs EPA to ensure that any contradictory. Accordingly, EPA is number.’’ The publication of the UIDs non-confidential information received acting consistent with TSCA by alongside their corresponding accession by EPA regarding a chemical substance attempting to balance two requirements number (for which there is generally ‘‘on the list published under paragraph that occasionally conflict with one only one per chemical) would cause all (B)’’ while the specific identity is another. of the UIDs for a given substance to be protected from disclosure identifies the 3. UID application procedure. Several linked together. The approach chemical using the UID. It is apparent commenters urged EPA to develop advocated in this comment would also that Congress intended the UID to serve procedures to assure that confidential largely defeat one of the two purposes the function of enabling the public to chemical identities are not of the UID provision—to provide a link such non-confidential information inappropriately disclosed as EPA publicly-accessible link between to other documents pertaining to the applies UIDs to related non-confidential information concerning the same same confidential chemical during the documents. Some commenters also substance. life of the valid CBI claim as reflected requested clarification on how 2. ‘‘Straightforward’’ approach. One on the list under paragraph (B), not to exceptions to UID application will commenter asserted that the text of terminate the period of protection. occur. section 14(g)(4) is plain about EPA’s Finally, section 14(g)(4)(D) requires EPA EPA has developed procedures for obligations to apply the UID uniformly, to link the specific identity of a applying UIDs to related documents, regardless of consequence for approved chemical substance to the prior to releasing those labeled CBI claims, and thus advocated for a corresponding UID in three documents to the public. EPA will reading of the statute where one UID is circumstances: where the claim has search its records and screen incoming assigned to each chemical, and making been denied, has expired, or has been submissions for non-confidential no exceptions in applying UIDs to withdrawn. If Congress had intended for information that relates to the related information (i.e., the the application of the UID itself to applicable confidential chemical ‘‘straightforward’’ approach). EPA reveal the confidential chemical identity (using CASRN, accession disagrees that Congress plainly intended identity, it presumably would have number, PMN number, specific name,

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and/or other identifiers). These the first annual list on EPA’s internet South Clinton Ave., Rochester, NY documents would be reviewed for site in November of 2018. 14620; telephone number: (202) 554– relevance (i.e., to ensure that they are 1404; email address: TSCA-Hotline@ VI. References not mislabeled with the wrong CASRN epa.gov. The following is a listing of the or PMN number), then searched for SUPPLEMENTARY INFORMATION: mention of the confidential specific documents that are specifically chemical identity that is protected by referenced in this document. The docket I. Executive Summary includes these documents and other the UID (e.g., CASRN and/or specific A. What action is EPA taking? chemical name). information considered by EPA, Any relevant documents that do not including documents that are referenced As directed by TSCA, EPA has reveal the confidential specific chemical within the documents that are included developed guidance for each of three identity in the public version would be in the docket, even if the referenced new expanded TSCA CBI access labeled with the UID. Any relevant document is not physically located in provisions. The guidance documents documents that mention this the docket. For assistance in locating cover the content and form of the confidential specific chemical identity these other documents, please consult agreements and statements of need in the public version would be set aside the person listed under FOR FURTHER required under each provision, and for additional screening. EPA INFORMATION CONTACT. include some basic logistical anticipates that documents in the latter 1. EPA. 2018. Response to Comment information on where and how to category will be fairly rare. Documents Document for Unique Identifier submit requests to EPA. subject to additional screening would be Assignment and Application Policy. EPA maintains a list of Significant Guidance Documents at http:// examined for information indicating Authority: 15 U.S.C. 2613. that the confidential TSCA Inventory www.epa.gov/regulations/guidance/ as status may no longer be warranted (e.g., Dated: June 21, 2018. called for by the Office of Management if the document reveals to the public E. Scott Pruitt, and Budget’s (OMB) Final Bulletin for that the chemical substance is offered Administrator, Environmental Protection Agency Good Guidance Practices for commercial distribution in the Agency. (https://www.gpo.gov/fdsys/pkg/FR- United States for TSCA uses). If there is [FR Doc. 2018–13829 Filed 6–26–18; 8:45 am] 2007-01-25/pdf/E7-1066.pdf). Please be no such public information BILLING CODE 6560–50–P aware that the EPA list of Significant undermining the approved CBI claim, Guidance Documents does not include then the UID would not be applied to every guidance document issued by this document. The document would ENVIRONMENTAL PROTECTION EPA and only encompasses those continue to be available to the public, AGENCY documents that are ‘‘significant’’ as and continue to include reference to the [EPA–HQ–OPPT–2017–0652; FRL–9979–75] defined by OMB’s Bulletin. confidential chemical identity, but it These final documents have been would not be labeled with the UID. Guidance on Expanded Access to determined to be EPA Significant If the result of the additional TSCA Confidential Business Guidance Documents per the OMB screening is that the chemical identity Information; Notice of Availability Bulletin definition and are included on CBI claim appears no longer valid (i.e., the EPA list of significant guidance EPA develops a reasonable basis to AGENCY: Environmental Protection documents. OMB’s Bulletin directs believe that the information no longer Agency (EPA). agencies to allow for the public to qualifies for protection from disclosure) ACTION: Notice. submit comments on any Significant or appears to have been withdrawn (for Guidance Document that appears on the SUMMARY: The amendments to the Toxic example, where a subsequent Agency’s list of significant guidance Substances Control Act in June 2016 submission by the original claimant documents. EPA allows for public expanded the categories of people to does not claim the specific chemical comments to be submitted through the whom EPA may disclose TSCA identity as CBI), EPA will proceed in Agency’s electronic docket and confidential business information (CBI) accordance with section 14(f)(2)(B) and/ commenting system at http:// by specifically authorizing EPA to or 14(e)(1)(B)(ii), as appropriate. www.regulations.gov. Please note that disclose TSCA CBI to state, tribal, and Consistent with section 14(g)(4)(D), although you may receive an local governments; environmental, whenever a claim for protection of a acknowledgement that EPA has received health, and medical professionals; and specific chemical identity for which a your comment, you may not receive a emergency responders, under certain UID has been assigned is subsequently detailed response to your comment. conditions, including consistency with denied by EPA, is withdrawn by the Your feedback is nevertheless important guidance that EPA is required to claimant, or expires, EPA will, to the to EPA and will be forwarded to the develop. This document announces the extent practicable, clearly link the appropriate program for consideration. specific chemical identity to the UID in availability of three guidance information that EPA has made public. documents that address this B. What is the Agency’s authority for requirement. taking this action? V. Annual UID List FOR FURTHER INFORMATION CONTACT: TSCA section 14(c)(4)(B) requires that Under TSCA section 14(g)(4)(B), EPA For technical information contact: EPA develop guidance concerning the is required to ‘‘annually publish and Jessica Barkas, Environmental ‘‘content and form of the statements of update a list of chemical substances, Assistance Division, Office of Pollution need and agreements required’’ under referred to by their unique identifiers, Prevention and Toxics, Environmental TSCA section 14(d)(4), (5), and (6). 15 for which claims to protect the specific Protection Agency, 1200 Pennsylvania U.S.C. 2613. chemical identity from disclosure have Ave. NW, Washington, DC 20460–0001; been approved, including the expiration telephone number: (202) 250–8880; C. Does this action apply to me? date for each such claim.’’ EPA will be email address: [email protected]. You may be potentially affected by using the approach announced in this For general information contact: The this action if you are a state, tribal, or document and anticipates publishing TSCA-Hotline, ABVI-Goodwill, 422 local government, or are employed by a

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government (federal, state, local, or tribal government, or to a first responder document is available in the docket for tribal) or in the private sector and your (including any individual duly this action. duties concern: Chemical regulation; authorized by a Federal agency, state, IV. References chemical-related law enforcement; political subdivision of a state, or tribal diagnosing or treating chemical government who is trained in urgent The following is a listing of the exposures; and/or chemical spill, medical care or other emergency documents that are specifically incident, accident, or emergency procedures, including a police officer, referenced in this document. The docket response, including injury to humans or firefighter, or emergency medical includes these documents and other the environment. You may also be technician). information considered by EPA, affected by this action if you have or The conditions for access vary under including documents that are referenced may in the future submit information to each of the new provisions, but within the documents that are included EPA that you claim as TSCA CBI. generally include the following; in the docket, even if the referenced • The requester must show that he or document is not physically located in D. What are the potential incremental the docket. For assistance in locating economic impacts of taking this action? she has a need for the information related to their employment, these other documents, please consult The potential incremental economic professional, or legal duties; the person listed under FOR FURTHER impacts that are associated with the • The recipient of TSCA CBI is INFORMATION CONTACT. information collection activities prohibited from disclosing or permitting EPA. 2018. Response to Comment Document contained in the guidance documents further disclosure of the information to for TSCA Section 14(d) Guidance are enumerated in the Information individuals not authorized to receive it Documents. Collection Request (ICR) entitled (physicians/nurses may disclose the ‘‘Guidance on Expanded Access to V. Statutory and Executive Order information to their patient or person TSCA Confidential Business Reviews authorized to make medical or health Information’’ (EPA ICR No. 2570.01 and care decisions on behalf of the patient); Additional information about these OMB Control No. 2070-(new)), which and statutes and Executive Orders can be published in the Federal Register on found at https://www.epa.gov/laws- • EPA generally must notify the March 12, 2018 (83 FR 10719) (FRL– regulations/laws-and-executive-orders. 9975–24). The annual public reporting entity that made the CBI claim at least and recordkeeping burden for this 15 days prior to disclosing the CBI. A. Executive Order 12866: Regulatory collection of information is estimated to There is an exception for disclosures in Planning and Review and Executive average 14.8 hours and cost about $868 emergency situations, which require Order 13563: Improving Regulation and per response. The comment period that EPA make the notification as soon Regulatory Review closed on May 11, 2018. No comments as practicable (see TSCA section OMB has determined that these were received. 14(g)(2)(C)(ii)). guidance documents qualify as In addition, under these new significant under Executive Order 12866 II. Background provisions, requesters are generally (58 FR 51735, October 4, 1993). As such, Enacted on June 22, 2016, the Frank required to sign an agreement and may the documents were submitted to OMB R. Lautenberg Chemical Safety for the be required to submit a statement of for review under Executive Orders 21st Century Act (Pub. L. 114–182), need to EPA. Emergency requestors only 12866 and 13563 (76 FR 3821, January changed and expanded many parts of need to sign an agreement and submit 21, 2011). Any changes to the TSCA (15 U.S.C. 2601 et seq.). Among a statement of need if the person who documents that were made in response these changes, TSCA section 14(d) as made the claim so requests, following to OMB recommendations have been amended expands the categories of the notification required under TSCA documented in the docket for this action people who may now access TSCA CBI. section 14(g)(2)(C)(ii). as required by section 6(a)(3)(E) of TSCA CBI is information submitted to III. Response to Public Comments Executive Order 12866. EPA under TSCA, for which a business has made a claim of business EPA previously collected public B. Paperwork Reduction Act (PRA) confidentiality which has not been comment on draft versions of the three In the Federal Register on March 12, withdrawn by the business, expired, or guidance documents (83 FR 11748 2018 (83 FR 10719) (FRL–9975–24), denied by EPA. There are three new (March 16, 2018)). Thirteen relevant EPA announced the availability of and provisions expanding access to CBI, comments were received, from state solicited comment on the draft ICR each under certain conditions: governments and government entitled ‘‘Guidance on Expanded Access • Under TSCA section 14(d)(4), 15 organizations (3), tribal governments (2), to TSCA Confidential Business U.S.C. 2613(d)(4), EPA may disclose CBI industry (3), a utility group (1), a fire Information’’ (EPA ICR No. 2570.01 and to state, tribal, and local governments; fighters’ organization (1), and medical, OMB Control No. 2070-(new)). The ICR • Under TSCA section 14(d)(5), 15 health and environmental groups (3). identifies the information collection U.S.C. 2613(d)(5), EPA may, in non- Most commentary on the guidance activities contained in the guidance and emergency situations, disclose CBI to a documents concerned EPA’s request provides EPA’s estimates for the related health or environmental professional processing time; the scope of some burden and costs. The comment period employed by a Federal or state agency definitions in the 14(d)(5) and (d)(6) closed on May 11, 2018. No comments or tribal government, or to a treating documents; requested additional means were received. The final ICR will be physician or nurse; and through which to request or access submitted to OMB for review and • Under TSCA section 14(d)(6), 15 information; suggested revisions to a approval under the PRA, 44 U.S.C. 3501 U.S.C. 2613(d)(6), EPA may, in the event provision in the confidentiality et seq. of an emergency, disclose CBI to a agreements included in the 14(d)(5) and treating or responding physician, nurse, (d)(6) documents; or requested that EPA C. Regulatory Flexibility Act (RFA) agent of a poison control center, public establish a contact available for This action is not subject to the RFA, health or environmental official of a emergency requests after business 5 U.S.C. 601 et seq. The RFA applies state, political subdivision of a state, or hours. A Response to Comments only to rules subject to notice and

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comment rulemaking requirements environmental health risks or safety SUMMARY: EPA is announcing the under the Administrative Procedure Act risks. availability of the following guidance (APA), 5 U.S.C. 553, or any other document: ‘‘Guidance for Creating H. Executive Order 13211: Actions statute. This action is not subject to the Generic Names for Confidential Concerning Regulations That APA but is subject to TSCA, which does Chemical Substance Identity Reporting Significantly Affect Energy Supply, not require notice and comment under TSCA.’’ This guidance document, Distribution, or Use rulemaking to take this action. which is required by the Toxic This action is not a ‘‘significant Substances Control Act (TSCA), as D. Unfunded Mandates Reform Act energy action’’ as defined in Executive amended in 2016 by the Frank R. (UMRA) Order 13211 (66 FR 28355, May 22, Lautenberg Chemical Safety for the 21st This action does not contain an 2001), because it is not likely to have a Century Act, provides information to unfunded mandate of $100 million or significant adverse effect on energy assist companies in creating structurally more as described in UMRA, 2 U.S.C. supply, distribution, or use. This action descriptive generic names for chemical 1531–1538, and does not significantly or is announcing the availability of substances whose specific chemical uniquely affect small governments. As guidance concerning obtaining access to identities are claimed confidential, for such, the requirements of UMRA CBI under TSCA, which will not have the purposes of protecting the specific sections 202, 203, 204, or 205, 2 U.S.C. a significant effect on the supply, chemical identities from disclosure 1531–1538, do not apply to this action. distribution or use of energy. while describing the chemical substance as specifically as practicable, and for E. Executive Order 13132: Federalism I. National Technology Transfer and Advancement Act (NTTAA) listing substances on the TSCA This action does not have federalism Chemical Substance Inventory. implications. It will not have substantial Since this action does not involve any DATES: Submit comments on or before direct effects on the States, on the technical standards, NTTAA section August 27, 2018. 12(d) (15 U.S.C. 272 note) does not relationship between the national ADDRESSES: Submit your comments, government and the States, or on the apply to this action. identified by docket identification (ID) distribution of power and J. Executive Order 12898: Federal number EPA–HQ–OPPT–2018–0292, by responsibilities among the various Actions To Address Environmental one of the following methods: levels of government, as specified in Justice in Minority Populations and • Federal eRulemaking Portal: http:// Executive Order 13132 (64 FR 43255, Low-Income Populations www.regulations.gov. Follow the online August 10, 1999). instructions for submitting comments. EPA believes that this action does not Do not submit electronically any F. Executive Order 13175: Consultation have disproportionately high and information you consider to be and Coordination With Indian Tribal adverse human health or environmental Confidential Business Information (CBI) Governments effects on minority populations, low- or other information whose disclosure is income populations and/or indigenous Consistent with the EPA Policy on restricted by statute. peoples, as specified in Executive Order Consultation and Coordination with • Mail: Document Control Office 12898 (59 FR 7629, February 16, 1994). Indian Tribes, the EPA consulted with (7407M), Office of Pollution Prevention This action does not affect the level of tribal officials during the development and Toxics (OPPT), Environmental protection provided to human health or of this action. EPA coordinated and Protection Agency, 1200 Pennsylvania the environment. engaged with tribal partners early in the Ave. NW, Washington, DC 20460–0001. process during the development of the VI. Congressional Review Act • Hand Delivery: To make special guidance documents as well as arrangements for hand delivery or The Congressional Review Act, 5 delivery of boxed information, please continued to conduct outreach to tribes U.S.C. 801 et seq. does not apply during the release of the draft guidance follow the instructions at http:// because this action is not a rule as that www.epa.gov/dockets/contacts.html. documents. In addition, EPA held a term is defined in 5 U.S.C. 804(3). tribal consultation with tribes that Additional instructions on requested further information. The Authority: 15 U.S.C. 2613(c). commenting or visiting the docket, Agency plans to continue to work with Dated: June 21, 2018. along with more information about our tribal partners to introduce the E. Scott Pruitt, dockets generally, is available at http:// www.epa.gov/dockets. guidance and provide a forum for open Administrator. dialogue with tribes. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–13828 Filed 6–26–18; 8:45 am] For technical information contact: G. Executive Order 13045: Protection of BILLING CODE 6560–50–P Tracy Williamson, Chemistry, Children From Environmental Health Economics, and Sustainable Strategies Risks and Safety Risks ENVIRONMENTAL PROTECTION Division (Mailcode 7406M), Office of EPA interprets Executive Order 13045 AGENCY Pollution Prevention and Toxics, (62 FR 19885, April 23, 1997), as Environmental Protection Agency, 1200 applying only to those regulatory [EPA–HQ–OPPT–2018–0292; FRL–9979–02] Pennsylvania Ave. NW, Washington, DC actions that concern environmental 20460–0001; telephone number: (202) health or safety risks that EPA has Guidance for Creating Generic Names 564–8569; email address: reason to believe may for Confidential Chemical Substance [email protected]. disproportionately affect children, per Identity Reporting Under the Toxic For general information contact: The the definition of ‘‘covered regulatory Substances Control Act; Notice of TSCA-Hotline, ABVI-Goodwill, 422 action’’ in section 2–202 of Executive Availability South Clinton Ave., Rochester, NY Order 13045. This action is not subject 14620; telephone number: (202) 554– AGENCY: Environmental Protection 1404; email address: TSCA-Hotline@ to Executive Order 13045 because it Agency (EPA). does not establish an environmental epa.gov. ACTION: Notice. standard intended to mitigate SUPPLEMENTARY INFORMATION:

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I. General Information legal holidays. The telephone number replaces the 1985 guidance. Consistent for the Public Reading Room is (202) with TSCA section 14(c)(1)(C) and A. Does this action apply to me? 566–1744, and the telephone number for 14(c)(4) requirements, the updated You may be potentially affected by the OPPT Docket is (202) 566–0280. guidance document provides more this action if you are a company needing Please review the visitor instructions detail and clarity to companies assistance in creating structurally and additional information about the regarding the approach for creating descriptive generic names for chemical docket that is available at http:// structurally descriptive generic names. substances whose specific chemical www.epa.gov/dockets. You also will As a nonbinding guidance document, identities are claimed confidential, for find this document and the ‘‘Guidance this updated guidance document is a purposes of protecting the specific for Creating Generic Names for living document which may be revised chemical identities from disclosure and Confidential Chemical Substance periodically and without notice. In listing the substances on the TSCA Identity Reporting under TSCA’’ at addition to seeking comments within Chemical Substance Inventory. This http://www.epa.gov/tsca-inventory. the next 60 days, EPA welcomes public action may be of particular interest to input on this guidance document at any II. What is the Agency’s authority for entities that are regulated under TSCA time in the future. this action? (e.g., entities identified under North Authority: 15 U.S.C. 2613(c)(4). American Industrial Classification As amended by the Frank R. System (NAICS) codes 324, 325, and Lautenberg Chemical Safety for the 21st Dated: June 21, 2018. 324110, among others). Since other Century Act in June 2016, TSCA section E. Scott Pruitt, entities also may be interested, the 14(c)(4), 15 U.S.C. 2613(c)(4), requires Administrator. Agency has not attempted to describe all that EPA develop guidance regarding [FR Doc. 2018–13832 Filed 6–26–18; 8:45 am] the specific entities and corresponding the determination of structurally BILLING CODE 6560–50–P NAICS codes for entities that may be descriptive generic names provided for interested in or affected by this action. chemical substances whose specific chemical identities have been claimed B. What should I consider as I prepare FEDERAL COMMUNICATIONS confidential in a TSCA notice. TSCA COMMISSION my comments for EPA? section 14(c)(1)(C) was amended to 1. Submitting CBI. Do not submit this require submitters who assert a [OMB 3060–0349] information to EPA through confidentiality claim for specific Information Collection Being Reviewed regulations.gov or email. Clearly mark chemical identity to include a by the Federal Communications the part or all of the information that structurally descriptive generic name for Commission you claim to be CBI. For CBI the chemical substance that EPA may information in a disk or CD–ROM that disclose to the public. The generic name AGENCY: Federal Communications you mail to EPA, mark the outside of the must be consistent with EPA’s guidance, Commission. disk or CD–ROM as CBI and then and should describe the chemical ACTION: Notice and request for identify electronically within the disk or structure of the substance as specifically comments. CD–ROM the specific information that as practicable while protecting those is claimed as CBI. In addition to one features of the chemical structure that SUMMARY: As part of its continuing effort complete version of the comment that are claimed as confidential and the to reduce paperwork burdens, and as includes information claimed as CBI, a disclosure of which would be likely to required by the Paperwork Reduction copy of the comment that does not cause substantial harm to the Act of 1995 (PRA), the Federal contain the information claimed as CBI competitive position of the claimant. Communications Commission (FCC or must be submitted for inclusion in the Commission) invites the general public III. What action is the Agency taking? public docket. Information so marked and other Federal agencies to take this will not be disclosed except in EPA is announcing the availability of opportunity to comment on the accordance with procedures set forth in the following guidance document: following information collections. 40 CFR part 2. ‘‘Guidance for Creating Generic Names Comments are requested concerning: 2. Tips for preparing your comments. for Confidential Chemical Substance Whether the proposed collection of When preparing and submitting your Identity Reporting under TSCA.’’ This information is necessary for the proper comments, see the commenting tips at guidance document is intended to assist performance of the functions of the http://www.epa.gov/dockets/ companies in creating structurally Commission, including whether the comments.html. descriptive generic names for chemical information shall have practical utility; substances whose specific chemical the accuracy of the Commission’s C. How can I get copies of this identities are claimed confidential, for burden estimate; ways to enhance the document and other related purposes of protecting the specific quality, utility, and clarity of the information? chemical identities from disclosure information collected; ways to minimize The docket for this action, identified while describing the chemical substance the burden of the collection of by docket identification (ID) number as specifically as practicable, and for information on the respondents, EPA–HQ–OPPT–2018–0292, is available listing substances on the TSCA including the use of automated online at http://www.regulations.gov or Chemical Substance Inventory. collection techniques or other forms of in person at the Office of Pollution EPA previously published guidance to information technology; and ways to Prevention and Toxics Docket (OPPT assist companies in creating structurally further reduce the information Docket), Environmental Protection descriptive generic names in an collection burden on small business Agency Docket Center (EPA/DC), West appendix to the 1985 publication of the concerns with fewer than 25 employees. William Jefferson Clinton Bldg., Rm. TSCA Inventory (Appendix B, ‘‘Generic The FCC may not conduct or sponsor 3334, 1301 Constitution Ave. NW, Names for Confidential Chemical a collection of information unless it Washington, DC. The Public Reading Substance Identities,’’ in the ‘‘TSCA displays a currently valid Office of Room is open from 8:30 a.m. to 4:30 Inventory, 1985 Edition’’). The new Management and Budget (OMB) control p.m., Monday through Friday, excluding guidance document updates and number. No person shall be subject to

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any penalty for failing to comply with assure equal opportunity in every aspect FEDERAL COMMUNICATIONS a collection of information subject to the of a broadcast station’s policy and COMMISSION PRA that does not display a valid OMB practice. These same requirements also [OMB 3060–0824] control number. apply to Satellite Digital Audio Radio DATES: Written PRA comments should Service (‘‘SDARS’’) licensees. In 1997, Information Collection Being Reviewed be submitted on or before August 27, the Commission determined that by the Federal Communications 2018. If you anticipate that you will be SDARS licensees must comply with the Commission submitting comments, but find it Commission’s EEO requirements. See AGENCY: Federal Communications difficult to do so within the period of Establishment of Rules and Policies for Commission. time allowed by this notice, you should the Digital Audio Radio Satellite Service advise the contact listed below as soon in the 2310–2360 MHz Frequency Band, ACTION: Notice and request for as possible. 12 FCC Rcd 5754, 5791,) 91 (1997) comments. ADDRESSES: Direct all PRA comments to (‘‘1997 SDARS Order’’), FCC 97–70. In SUMMARY: As part of its continuing effort Cathy Williams, FCC, via email to PRA@ 2008, the Commission clarified that to reduce paperwork burdens, and as fcc.gov and to [email protected]. SDARS licensees must comply with the required by the Paperwork Reduction FOR FURTHER INFORMATION CONTACT: For Commission’s EEO broadcast rules and Act (PRA) of 1995, the Federal additional information about the policies, including the same Communications Commission (FCC or information collection, contact Cathy recruitment, outreach, public file, the Commission) invites the general Williams at (202) 418–2918. website posting, record-keeping, public and other Federal agencies to SUPPLEMENTARY INFORMATION: reporting, and self-assessment take this opportunity to comment on the OMB Control Number: 3060–0349. obligations required of broadcast following information collection. Title: Equal Employment Opportunity licensees, consistent with 47 CFR Comments are requested concerning: (‘‘EEO’’) Policy, 47 CFR Sections 73.2080, as well as any other Whether the proposed collection of 73.2080, 76.73, 76.75, 76.79 and Commission EEO policies. See information is necessary for the proper 76.1702. Applications for Consent to the Transfer performance of the functions of the Form Number: N/A. of Control of Licenses, SM Satellite Commission, including whether the Type of Review: Extension of a Radio Holdings Inc., Transferor, to information shall have practical utility; currently approved collection. Sirius Satellite Radio Inc., Transferee, the accuracy of the Commission’s Respondents: Business or other for- burden estimate; ways to enhance the 23 FCC Rcd 12348, 12426,) 174, and profit entities; not for profit institutions. quality, utility, and clarity of the note 551 (2008) (‘‘XM-Sirius Merger Number of Respondents and information collected; ways to minimize Responses: 14,179 respondents; 14,179 Order’’). the burden of the collection of responses. 47 CFR Section 76.73 provides that information on the respondents, Estimated Time per Response: 42 equal opportunity in employment shall including the use of automated hours. be afforded by all multichannel video collection techniques or other forms of Frequency of Response: program distributors (‘‘MVPD’’) to all information technology; and ways to Recordkeeping requirement; annual qualified persons and no person shall be further reduce the information reporting requirement; five year discriminated against in employment by collection burden on small business reporting requirement. such entities because of race, color, concerns with fewer than 25 employees. Obligation To Respond: Required to religion, national origin, age or sex. The FCC may not conduct or sponsor a obtain or retain benefits. The statutory collection of information unless it Section 76.75 requires that each authority which covers this information displays a currently valid control MVPD employment unit employing six collection is contained in Section 154(i) number. No person shall be subject to and 303 of the Communications Act of or more full-time employees shall any penalty for failing to comply with 1934, as amended, and Section 634 of establish, maintain and carry out a a collection of information subject to the the Cable Communications Policy Act of program to assure equal opportunity in PRA that does not display a valid Office 1984. every aspect of a cable entity’s policy of Management and Budget (OMB) Total Annual Burden: 595,518 hours. and practice. control number. Total Annual Cost: No cost. Section 76.79 requires that every DATES: Written PRA comments should Nature and Extent of Confidentiality: MVPD employment unit employing six be submitted on or before August 27, There is no need for confidentiality with or more full-time employees maintain, 2018. If you anticipate that you will be this collection of information. Privacy Impact Assessment: No for public inspection, a file containing submitting comments, but find it impact(s). copies of all annual employment reports difficult to do so within the period of Needs and Uses: The information and related documents. time allowed by this notice, you should collection requirements approved under Section 76.1702 requires that every advise the contact listed below as soon as possible. this collection are as follows: 47 CFR MVPD employment unit employing six Section 73.2080 provides that equal or more full-time employees place ADDRESSES: Direct all PRA comments to opportunity in employment shall be certain information concerning its EEO Nicole Ongele, FCC, via email PRA@ fcc.gov and to [email protected]. afforded by all broadcast stations to all program in its public inspection file. qualified persons and no person shall be FOR FURTHER INFORMATION CONTACT: For discriminated against in employment by Federal Communications Commission. additional information about the such stations because of race, color, Marlene Dortch, information collection, contact Nicole religion, national origin or sex. Section Secretary, Office of the Secretary. Ongele at (202) 418–2991. 73.2080 requires that each broadcast [FR Doc. 2018–13756 Filed 6–26–18; 8:45 am] SUPPLEMENTARY INFORMATION: As part of station employment unit with 5 or more BILLING CODE 6712–01–P its continuing effort to reduce full-time employees shall establish, paperwork burdens, and as required by maintain and carry out a program to the Paperwork Reduction Act (PRA) of

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1995 (44 U.S.C. 3501–3520), the Federal numbers or routing information, shall including the use of automated Communications Commission (FCC or remain confidential. collection techniques or other forms of Commission) invites the general public Needs and Uses: One of the functions information technology; and ways to and other Federal agencies to take this of the Universal Service Administrative further reduce the information opportunity to comment on the Company (USAC) is to provide a means collection burden on small business following information collections. for the billing, collection and concerns with fewer than 25 employees. Comments are requested concerning: disbursement of funds for the universal The FCC may not conduct or sponsor Whether the proposed collection of service support mechanisms. On a collection of information unless it information is necessary for the proper October 1998, the OMB approved FCC displays a currently valid Office of performance of the functions of the Form 498, the ‘‘Service Provider Management and Budget (OMB) control Commission, including whether the Information Form’’ to enable USAC to number. No person shall be subject to information shall have practical utility; collect service provider name and any penalty for failing to comply with the accuracy of the Commission’s address, telephone number, Federal a collection of information subject to the burden estimate; ways to enhance the Employer Identification Number (EIN), PRA that does not display a valid OMB quality, utility, and clarity of the contact names, contact telephone control number. information collected; ways to minimize numbers, and remittance information. DATES: Written PRA comments should the burden of the collection of FCC Form 498 enables participants to be submitted on or before August 27, information on the respondents, request a Service Provider Identification 2018. If you anticipate that you will be including the use of automated Number (SPIN) and provides the official submitting comments, but find it collection techniques or other forms of record for participation in the universal difficult to do so within the period of information technology; and ways to service support mechanisms. The time allowed by this notice, you should further reduce the information remittance information provided by advise the contact listed below as soon collection burden on small business participants on FCC Form 498 enables as possible. concerns with fewer than 25 employees. USAC to make payments to participants ADDRESSES: Direct all PRA comments to OMB Control Number: 3060–0824. in the universal service support Cathy Williams, FCC, via email to PRA@ Title: Service Provider and Billed mechanisms. fcc.gov and to [email protected]. Entity Identification Number and Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: For Contact Information Form. additional information about the Form Number: FCC Form 498. Marlene Dortch, Secretary, Office of the Secretary. information collection, contact Cathy Type of Review: Extension of a Williams at (202) 418–2918. currently approved collection. [FR Doc. 2018–13754 Filed 6–26–18; 8:45 am] SUPPLEMENTARY INFORMATION: Respondents: Business or other for- BILLING CODE 6712–01–P OMB Control Number: 3060–1212. profit and Not-for-profit institutions. Title: SDARS Political Broadcasting Number of Respondents and FEDERAL COMMUNICATIONS Requirements. Responses: 26,000 respondents; 26,000 Form Number: N/A. COMMISSION responses. Type of Review: Extension of a Estimated Time per Response: 0.75 [OMB 3060–1065, OMB 3060–1212] currently approved collection. hours. Respondents: Business or other for- Frequency of Response: On occasion Information Collections Being profit entities. reporting requirements and third party Reviewed by the Federal Number of Respondents and disclosure requirements. Communications Commission Under Responses: 1 respondent; 1 response. Obligation To Respond: Required to Delegated Authority Estimated Time per Response: 10 obtain or retain benefits. Statutory hours. authority for this information collection AGENCY: Federal Communications Frequency of Response: is contained in 47 U.S.C. 151–154 and Commission. Recordkeeping requirement; On 254 the Communications Act of 1934, as ACTION: Notice and request for occasion reporting requirements; Third amended. comments. party disclosure requirement. Total Annual Burden: 19,500 hours. Obligation to Respond: Required to Total Annual Cost: No cost. SUMMARY: As part of its continuing effort obtain or retain benefits. The statutory Privacy Act Impact Assessment: No to reduce paperwork burdens, and as authority which covers this information impact(s). required by the Paperwork Reduction collection is contained in 47 U.S.C. Nature and Extent of Confidentiality: Act of 1995 (PRA), the Federal 309(a) and 307(a) of the The Commission notes that the Communications Commission (FCC or Communications Act of 1934, as Universal Service Administrative Commission) invites the general public amended. Company (USAC) who administers the and other Federal agencies to take this Total Annual Burden: 20 hours. universal service program must preserve opportunity to comment on the Total Annual Cost: No cost. the confidentiality of all data obtained following information collections. Nature and Extent of Confidentiality: from respondents and contributors to Comments are requested concerning: Although the Commission does not the universal service programs, must not whether the proposed collection of believe that any confidential use the data except for purposes of information is necessary for the proper information will need to be disclosed in administering the universal service performance of the functions of the order to comply with the information programs, and must not disclose data in Commission, including whether the collection requirements, applicants are company-specific form unless directed information shall have practical utility; free to request that materials or to do so by the Commission. With the accuracy of the Commission’s information submitted to the respect to the FCC Form 498, USAC burden estimate; ways to enhance the Commission be withheld from public shall publish each participant’s name, quality, utility, and clarity of the inspection. (See 47 CFR 0.459 of the SPIN, and contact information via information collected; ways to minimize Commission’s Rules.) USAC’s website. All other information, the burden of the collection of Privacy Impact Assessment: No including financial institution account information on the respondents, impact(s).

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Needs and Uses: In 1997, the occasion reporting requirement; one 47 CFR 25.701(c)(1)(i)(D) states DBS Commission imposed political time reporting requirement; annual providers may establish reasonable broadcasting requirements on Satellite reporting requirement; Third party classes of preemptible with notice time Digital Audio Broadcasting Service disclosure requirement. so long as they clearly define all such (‘‘SDARS’’) licensees. See Establishment Obligation to Respond: Required to classes, fully disclose them and make of Rules and Policies for the Digital obtain or retain benefits. The statutory them available to candidates. Audio Radio Satellite Service in the authority which covers this information 47 CFR 25.701(c)(1)(i)(E) states DBS 2310–2360 MHz Frequency Band, 12 collection is contained in Section 335 of providers may treat non preemptible FCC Rcd 5754, 5792, para. 92 (1997) the Communications Act of 1934, as and fixed position as distinct classes of (‘‘1997 SDARS Order’’), FCC 97–70. The amended. time provided that they articulate Commission stated that SDARS Total Annual Burden: 50 hours. clearly the differences between such licensees should comply with the same Total Annual Cost: No cost. classes, fully disclose them, and make substantive political debate provisions Nature and Extent of Confidentiality: them available to candidates. as broadcasters: the federal candidate Although the Commission does not 47 CFR 25.701(c)(1)(i)(I) states DBS access provision (47 U.S.C. Section believe that any confidential providers shall review their advertising 312(a)(7)) and the equal opportunities information will need to be disclosed in records periodically throughout the provision (47 U.S.C. Section 315). The order to comply with the information election period to determine whether 1997 SDARS Order imposes the collection requirements, applicants are compliance with this section requires following requirements on SDARS free to request that materials or that candidates receive rebates or licensees: information submitted to the credits. Where necessary, DBS providers Lowest Unit Charge: Similar to Commission be withheld from public shall issue such rebates or credits broadcasters, SDARS licensees must inspection. (See 47 CFR 0.459 of the promptly. disclose any practices offered to Commission’s Rules). 47 CFR 25.701(c)(1)(i)(M) states DBS commercial advertisers that enhance the Privacy Impact Assessment: No providers must disclose and make value of advertising spots and different impact(s). available to candidates any make good classes of time. SDARS licensees must Needs and Uses: The Commission policies provided to commercial also calculate the lowest unit charge and vacated an Order on Reconsideration, In advertisers. If a DBS provider places a are required to review their advertising the Matter of Implementation Of Section make good for any commercial records throughout the election period 25 Of The Cable Television Consumer advertiser or other candidate in a more to determine whether compliance with Protection And Competition Act Of valuable program or daypart, the value this rule section requires that candidates 1992, Direct Broadcast Satellite Public of such make good must be included in receive rebates or credits. See 47 CFR Interest Obligations, MM No. Docket the calculation of the lowest unit charge Section 73.1942. 93–25 FCC 03–78, adopted April 9, 2003 for that program or daypart. Political File: Similar to broadcasters, and adopted in its place, in the same 47 CFR 25.701(c)(1)(ii) states at any SDARS licensees must also keep and proceeding, a Second Order on time other than the respective periods permit public inspection of a complete Reconsideration of the First Report and set forth in paragraph (c)(1)(i) of this record (political file) of all requests for Order, Sua Sponte Order on section, DBS providers may charge SDARS origination time made by or on Reconsideration (‘‘Second Order’’) and legally qualified candidates for public behalf of candidates for public office, accompanying rules FCC 04–44, office no more than the charges made together with an appropriate notation released March 25, 2004. The Second for comparable use of the facility by showing the disposition made by the Order differs from the Order on commercial advertisers. The rates, if system of such requests, and the charges Reconsideration with respect to two any, charged all such candidates for the made, if any, if the request is granted. issues: (1) The political broadcasting same office shall be uniform and shall The disposition includes the schedule requirements, and (2) the guidelines not be rebated by any means, direct or of time purchased, when the spots concerning commercialization of indirect. A candidate shall be charged actually aired, the rates charged, and the children’s programming. no more than the rate the DBS provider classes of time purchased. Also, when The information collection would charge for comparable free time is provided for use by or on requirements approved under this commercial advertising. All discount behalf of candidates, a record of the free collection are as follows: privileges otherwise offered by a DBS time provided is to be placed in the 47 CFR 25.701(c)(1)(i)(C) states DBS provider to commercial advertisers must political file as soon as possible and providers may establish and define their be disclosed and made available upon maintained for a period of two years. own reasonable classes of immediately equal terms to all candidates for public See 47 CFR 73.1943. preemptible time so long as the office. OMB Control Number: 3060–1065. differences between such classes are 47 CFR 25.701(d) states each DBS Title: Section 25.701 of the based on one or more demonstrable provider shall keep and permit public Commission’s Rules, Direct Broadcast benefits associated with each class and inspection of a complete and orderly Satellite Public Interest Obligations. are not based solely upon price or political file and shall prominently Form Number: N/A. identity of the advertiser. Such disclose the physical location of the file, Type of Review: Extension of a demonstrable benefits include, but are and the telephonic and electronic means currently approved collection. not limited to, varying levels of to access the file. Respondents: Business or other for- preemption protection, scheduling (1) The political file shall contain, at profit entities. flexibility, or associated privileges, such a minimum: Number of Respondents and as guaranteed time sensitive make (i) A record of all requests for DBS Responses: 2 respondents; 2 responses. goods. DBS providers may not use class origination time, the disposition of Estimated Time per Response: 1–10 distinctions to defeat the purpose of the those requests, and the charges made, if hours. lowest unit charge requirement. All any, if the request is granted. The Frequency of Response: classes must be fully disclosed and ‘‘disposition’’ includes the schedule of Recordkeeping requirement; on made available to candidates. time purchased, when spots actually

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aired, the rates charged, and the classes FEDERAL RESERVE SYSTEM DEPARTMENT OF HEALTH AND of time purchased; and HUMAN SERVICES (ii) A record of the free time provided Formations of, Acquisitions by, and if free time is provided for use by or on Mergers of Bank Holding Companies Agency for Toxic Substance and behalf of candidates. Disease Registry (2) DBS providers shall place all The companies listed in this notice [60Day-18–18AJA; Docket No. ATSDR– records required by this section in a file have applied to the Board for approval, 2018–0005] available to the public as soon as pursuant to the Bank Holding Company possible and shall be retained for a Act of 1956 (12 U.S.C. 1841 et seq.) Proposed Data Collection Submitted period of four years until December 31, (BHC Act), Regulation Y (12 CFR part for Public Comment and 2006, and thereafter for a period of two 225), and all other applicable statutes Recommendations years. and regulations to become a bank AGENCY: Agency for Toxic Substances 47 CFR 25.701(e)(3) requires DBS holding company and/or to acquire the providers airing children’s programming and Disease Registry (ATSDR), assets or the ownership of, control of, or Department of Health and Human must maintain records sufficient to the power to vote shares of a bank or verify compliance with this rule and Services (HHS). bank holding company and all of the make such records available to the ACTION: Notice with comment period. banks and nonbanking companies public. Such records must be owned by the bank holding company, maintained for a period sufficient to SUMMARY: The Agency for Toxic cover the limitations period specified in including the companies listed below. Substances and Disease Registry 47 U.S.C. 503(b)(6)(B). The applications listed below, as well (ATSDR), as part of its continuing effort 47 CFR 25.701(f)(6) states that each as other related filings required by the to reduce public burden and maximize DBS provider shall keep and permit Board, are available for immediate the utility of government information, public inspection of a complete and inspection at the Federal Reserve Bank invites the general public and other orderly record of: indicated. The applications will also be Federal agencies the opportunity to (A) Quarterly measurements of available for inspection at the offices of comment on a proposed and/or channel capacity and yearly average the Board of Governors. Interested continuing information collection, as required by the Paperwork Reduction calculations on which it bases its four persons may express their views in Act of 1995. This notice invites percent reservation, as well as its writing on the standards enumerated in comment on a proposed information response to any capacity changes; the BHC Act (12 U.S.C. 1842(c)). If the collection project titled ‘‘Environmental (B) A record of entities to whom proposal also involves the acquisition of noncommercial capacity is being Health and Land Reuse Certification’’ a nonbanking company, the review also provided, the amount of capacity being This certification is a joint collaboration includes whether the acquisition of the provided to each entity, the conditions with National Environmental Health nonbanking company complies with the under which it is being provided and Association (NEHA); ATSDR will jointly the rates, if any, being paid by the standards in section 4 of the BHC Act co-produce the course with NEHA. (12 U.S.C. 1843). Unless otherwise entity; DATES: Written comments must be (C) A record of entities that have noted, nonbanking activities will be received on or before August 27, 2018. conducted throughout the United States. requested capacity, disposition of those ADDRESSES: You may submit comments, requests and reasons for the disposition. Unless otherwise noted, comments identified by Docket No. ATSDR–2018– (ii) All records required by this regarding each of these applications 0005 by any of the following methods: paragraph shall be placed in a file must be received at the Reserve Bank • Federal eRulemaking Portal: available to the public as soon as indicated or the offices of the Board of Regulations.gov. Follow the instructions possible and shall be retained for a Governors not later than July 17, 2018. for submitting comments. period of two years. • A. Federal Reserve Bank of Mail: Jeffrey M. Zirger, Information The statutory authority which covers Collection Review Office, Centers for this information collection is contained Philadelphia (William Spaniel, Senior Vice President) 100 North 6th Street, Disease Control and Prevention, 1600 in 47 U.S.C. 335 of the Communications Clifton Road NE, MS–D74, Atlanta, Act of 1934, as amended. Philadelphia, Pennsylvania 19105– 1521. Comments can also be sent Georgia 30329. Instructions: All submissions received Revised Information Collection electronically to must include the agency name and Requirements [email protected]: Docket Number. ATSDR will post, The Commission is reinstating this 1. LinkBancorp, Inc., Camp Hill, without change, all relevant comments collection into the Office of Pennsylvania; to acquire voting shares to Regulations.gov. Management and Budget’s (OMB’s) of Stonebridge Bank, West Chester, Please note: Submit all Federal inventory because after further Pennsylvania. comments through the Federal evaluation the Commission has eRulemaking portal (regulations.gov) or determined that this collection is still Board of Governors of the Federal Reserve by U.S. mail to the address listed above. needed by the Commission because DBS System, June 21, 2018. providers make up the majority of their Ann Misback, FOR FURTHER INFORMATION CONTACT: To request more information on the universe of respondents. Since this is Secretary of the Board. proposed project or to obtain a copy of the case, OMB approval is still needed [FR Doc. 2018–13733 Filed 6–26–18; 8:45 am] for this collection. the information collection plan and BILLING CODE P instruments, contact Jeffrey M. Zirger, Federal Communications Commission. Information Collection Review Office, Marlene Dortch, Centers for Disease Control and Secretary, Office of the Secretary. Prevention, 1600 Clifton Road NE, MS– [FR Doc. 2018–13755 Filed 6–26–18; 8:45 am] D74, Atlanta, Georgia 30329; phone: BILLING CODE 6712–01–P 404–639–7570; Email: [email protected].

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SUPPLEMENTARY INFORMATION: Under the a three-year Paperwork Reduction Act components of the certification course, Paperwork Reduction Act of 1995 (PRA) (PRA) Clearance for a new Information and a one-time collection of feedback (44 U.S.C. 3501–3520), Federal agencies Collection Request (ICR) entitled (e.g., within 6–11 months after must obtain approval from the Office of ‘‘Environmental Health and Land Reuse participation) on use of the certification Management and Budget (OMB) for each Certification.’’ The specific activities of materials and resources to build their collection of information they conduct the ICR request are for a course capacity and skills in environmental or sponsor. In addition, the PRA also registration process and one-time health and land reuse. requires Federal agencies to provide a participant follow up. This information The respondents for the certification collection is funded through a contract 60-day notice in the Federal Register course will largely be environmental with the National Environmental Health concerning each proposed collection of professionals; students of environmental Association (NEHA), number 200–2013– information, including each new science, public health, or planning; and 57475. proposed collection, each proposed local or state health agency extension of existing collection of The purpose of the information collection is to allow environmental professionals. ATSDR may use Excel or information, and each reinstatement of other spreadsheet software to previously approved information health professionals to register for courses and evaluate the impact of characterize certification course collection before submitting the participants (e.g., by job title) and to collection to OMB for approval. To certification program in environmental summarize their feedback on the course comply with this requirement, we are health and land reuse work. The content and effectiveness. publishing this notice of a proposed certification is geared to meet the following objectives: In summary, the registration and data collection as described below. • The OMB is particularly interested in Increase participant awareness and feedback information will help ATSDR comments that will help: knowledge of environmental health and determine impacts of the certification 1. Evaluate whether the proposed land reuse; course in building capacity and skills in • collection of information is necessary Increase skills and capacity of environmental health and land reuse. for the proper performance of the participants to engage in environmental Without this information, ATSDR will health and land reuse work; and functions of the agency, including • not be able to assess the effectiveness of whether the information will have Assess participant feedback and the certification in terms of building practical utility; assessment of their own increased participants’ capacity in environmental 2. Evaluate the accuracy of the awareness, skills, and knowledge in health and land reuse activities. In environmental health and land reuse. agency’s estimate of the burden of the addition, ATSDR can generalize proposed collection of information, ATSDR will use data from this information collection to assess the feedback from course participants to including the validity of the impact of participating in the create new materials that can support methodology and assumptions used; certification, such as increased capacity additional capacity-building for health 3. Enhance the quality, utility, and agencies to increase their involvement clarity of the information to be to perform their work. Ultimately, ATSDR is interested in long-term in environmental health and land reuse collected; and activities. 4. Minimize the burden of the benefits of the certification, such as state collection of information on those who health partners engaging more This information collection will occur are to respond, including through the frequently in land reuse and through an ongoing, online portal use of appropriate automated, redevelopment projects. The hosted by NEHA’s standardized course electronic, mechanical, or other certification consists of online learning registration process and their technological collection techniques or content in NEHA’s Learning standardized feedback using Survey other forms of information technology, Management System. The content Monkey one time within a 12-month e.g., permitting electronic submissions includes topics in Risk Assessment, period. NEHA will collect feedback data of responses. Risk Communication, Epidemiology, about the certification course. The 5. Assess information collection costs. Toxicology, and Land Reuse and feedback data will center around Redevelopment. participant’s assessment of their own Proposed Project Through this information collection, potentially increased skills in Environmental Health and Land ATSDR would like to determine the environmental health and land reuse as Reuse Certification—New—ICR— utility and effectiveness of the a result of the certification and use of Agency for Toxic Substances and certification course content. subsequent certification components. Disease Registry (ATSDR). Subsequently, ATSDR will analyze the Participation in this proposed data provided by NEHA regarding information collection is voluntary. Background and Brief Description participants’ job titles (e.g., LHD staff, There is no cost to respondents other The Agency for Toxic Substances and environmental consultant, or other), the than their time. The total burden is Disease Registry (ATSDR) is requesting pre- and post-testing built-in estimated to be 100 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Environmental health professionals Online Regis-tration Survey ...... 200 1 10/60 33 and graduate students. Environmental health professionals Follow-up Survey ...... 200 1 20/60 67 and graduate students.

Total ...... 100

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Jeffrey M. Zirger, coordinate at least one community DC 20201, attention: Cecelia Aldridge or Acting Chief, Information Collection Review announcement and at least one by calling (202) 795–7293 or by email Office, Office of Scientific Integrity, Office community outreach event to inform [email protected]. of the Associate Director for Science, Office and assist eligible American Indian, Dated: June 20, 2018. of the Director, Centers for Disease Control Alaska Native or Native Hawaiian elders Mary Lazare, and Prevention. about the benefits available to them Principal Deputy Administrator. [FR Doc. 2018–13793 Filed 6–26–18; 8:45 am] through Medicare Part D, the Low BILLING CODE 4163–18–P Income Subsidy, the Medicare Savings [FR Doc. 2018–13811 Filed 6–26–18; 8:45 am] Program or Medicare prevention BILLING CODE 4154–01–P benefits and screenings and counsel DEPARTMENT OF HEALTH AND those who are eligible. HUMAN SERVICES DEPARTMENT OF HEALTH AND II. Award Information HUMAN SERVICES Administration for Community Living ACL/AoA has a total budget of Food and Drug Administration Availability of Program Application $270,000 for the Tribes and will provide [Docket No. FDA–2018–N–2381] Instructions for Tribal MIPPA Program a grant of at least $1,000 to each Older Funds Americans Act Title VI Native American grantee. ACL reserves the right to adjust The Food and Drug Administration’s Title: Medicare Beneficiary Outreach funding levels subject to the number of Comprehensive, Multi-Year Nutrition and Assistance Program: Funding for applications received and availability of Innovation Strategy; Public Meeting; Title VI Native American Programs. funds. ACL/AoA will award grants of at Request for Comments Announcement Type: Initial. least $1,000 to each Title VI Native AGENCY: Food and Drug Administration, Funding Opportunity Number: HHS– American grantee for a period of 12 HHS. 2018–ACL–MITRB–1802. months. The example of at least $1,000 Statutory Authority: The statutory ACTION: Notice of public meeting; per event is for illustrative purposes request for comments. authority for grants under this program only. All expenditures must be properly announcement is contained in documented and allowable per the SUMMARY: The Food and Drug Subsection (a)(1)(B) of section 119 of the terms and conditions of the grant award. Administration (FDA or we) is Medicare Improvements for Patients and The anticipated award date is on or announcing the following public Providers Act of 2008, as amended by before September 30, 2018. meeting entitled ‘‘FDA’s section 3306 of the Patient Protection Comprehensive, Multi-Year Nutrition III. Eligibility Criteria and Other and Affordable Care Act, section 610 of Innovation Strategy.’’ The purpose of Requirements the American Taxpayer Relief Act of the public meeting is to give interested 2012, section 1110 of the Pathway for Only current Older Americans Act persons an opportunity to discuss FDA’s SGR Reform Act of 2013, and section Title VI Native American Program nutrition innovation strategy, including: 110 of the Protecting Access to Medicare grantees are eligible to apply for this A standard icon or symbol for the claim Act of 2014, and section 208 of the funding opportunity. Cost Sharing or ‘‘healthy’’; a more efficient review Medicare Access and CHIP Matching is not required. strategy for evaluating qualified health Reauthorization Act of 2015 (MACRA). IV. Submission Information claims; statements or claims that could Catalog of Federal Domestic facilitate innovation to promote Assistance (CFDA) Number: 93.071. The program instructions and one- healthful eating patterns; approaches for Dates: The deadline date for the page application template for this modernizing standards of identity; submission of applications is 11:59PM funding opportunity are available at possible changes that could make EST August 17, 2018. www.grants.gov. At the website, search ingredient information more consumer I. Funding Opportunity Description for HHS–2018–ACL–MITRB–1802. friendly; and FDA’s educational To receive consideration, signed Section 110 of the Protecting Access campaign for consumers about the applications must be submitted by 11:59 updated Nutrition Facts Label that to Medicare Act of 2014 extended p.m. Eastern time on August 17, 2018. funding for outreach and assistance for consumers will be seeing in the No applications will be accepted after marketplace. low income programs under the this date. Submit your signed Medicare Improvements for Patients and application via: DATES: The public meeting will be held Providers Act (MIPPA). Older (1) Email to MIPPA.Grants@ on July 26, 2018, from 8:30 a.m. until Americans Act (OAA) Title VI Native acl.hhs.gov. Include the State, Name of 5:30 p.m. Eastern Time. Submit either American Programs can fill an Tribe, and Title VI Part A Grant Number electronic or written comments on this important role in providing valuable and the words ‘‘MIPPA Application’’ in public meeting by August 27, 2018. See support to help eligible Native the subject line; or the SUPPLEMENTARY INFORMATION section American elders in accessing the Low (2) Overnight mail (FedEx, UPS, or for registration date and information. Income Subsidy program (LIS), USPS) to: Administration for ADDRESSES: The public meeting will be Medicare Savings Program (MSP), Community Living, Office of Grants held at the Hilton Washington DC/ Medicare Part D, Medicare prevention Management, 330 C Street SW, Suite Rockville Hotel, 1750 Rockville Pike, benefits and screenings and in assisting 1136B, Washington, DC 20201; Rockville, MD 20852. For more beneficiaries in applying for benefits. Attention: Yi-Hsin Yan. information on the hotel see http:// The purpose of these MIPPA grants will www3.hilton.com/en/hotels/maryland/ be to help inform eligible Native V. Agency Contacts hilton-washington-dc-rockville-hotel- American elders about these benefits. Direct inquiries regarding this funding and-executive-meeting-ctr-IADMRHF/ The Administration for Community opportunity to U.S. Department of index.html. Living (ACL) seeks certification from Health and Human Services, You may submit comments as OAA Title VI Native American Administration for Community Living, follows. Please note that late, untimely programs that they will use the funds to Administration on Aging, Washington, filed comments will not be considered.

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Electronic comments must be submitted Submissions,’’ publicly viewable at I. Background on or before August 27, 2018. The https://www.regulations.gov or at the https://www.regulations.gov electronic Dockets Management Staff between 9 FDA plays a critical role in promoting filing system will accept comments a.m. and 4 p.m., Monday through public health by, among other things, until midnight Eastern Time at the end Friday. ensuring that food labeling provides of August 27, 2018. Comments received • Confidential Submissions—To consumers with reliable, evidence-based by mail/hand delivery/courier (for submit a comment with confidential information so that they can make written/paper submissions) will be information that you do not wish to be informed choices about the foods they considered timely if they are made publicly available, submit your purchase in order to maintain and postmarked or the delivery service comments only as a written/paper improve their health through diet and acceptance receipt is on or before that submission. You should submit two nutrition. On January 11, 2018, FDA date. copies total. One copy will include the released its 2018 Strategic Policy information you claim to be confidential Roadmap (https://www.fda.gov/ Electronic Submissions with a heading or cover note that states AboutFDA/ReportsManualsForms/ Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS Reports/ucm591993.htm), which following way: CONFIDENTIAL INFORMATION.’’ We focuses, in part, on efforts to empower • Federal eRulemaking Portal: will review this copy, including the consumers to make better and more https://www.regulations.gov. Follow the claimed confidential information, in our informed decisions about their diets and instructions for submitting comments. consideration of comments. The second health, foster the development of Comments submitted electronically, copy, which will have the claimed healthier food options, and expand the including attachments, to https:// confidential information redacted/ opportunities to use nutrition to reduce www.regulations.gov will be posted to blacked out, will be available for public morbidity and mortality due to chronic the docket unchanged. Because your viewing and posted on https:// disease. The roadmap highlights FDA’s comment will be made public, you are www.regulations.gov. Submit both commitment to finding approaches to solely responsible for ensuring that your copies to the Dockets Management Staff. advance policies that better achieve comment does not include any If you do not wish your name and these goals. confidential information that you or a contact information to be made publicly On March 29, 2018, FDA third party may not wish to be posted, available, you can provide this Commissioner Dr. Scott Gottlieb, M.D. such as medical information, your or information on the cover sheet and not anyone else’s Social Security number, or announced a comprehensive, multi-year in the body of your comments and you FDA Nutrition Innovation Strategy confidential business information, such must identify this information as as a manufacturing process. Please note (hereinafter the ‘‘FDA Nutrition ‘‘confidential.’’ Any information marked Innovation Strategy’’) (to access the that if you include your name, contact as ‘‘confidential’’ will not be disclosed information, or other information that speech, visit https://www.fda.gov/ except in accordance with 21 CFR 10.20 NewsEvents/Speeches/ucm603057.htm). identifies you in the body of your and other applicable disclosure law. For comments, that information will be The Nutrition Innovation Strategy seeks more information about FDA’s posting to promote public health through posted on https://www.regulations.gov. of comments to public dockets, see 80 • improved nutrition, encourage industry If you want to submit a comment FR 56469, September 18, 2015, or access with confidential information that you innovation to create healthy products the information at: https://www.gpo.gov/ that consumers seek, and address ways do not wish to be made available to the fdsys/pkg/FR-2015-09-18/pdf/2015- public, submit the comment as a for consumers to identify those 23389.pdf. products. In implementing the Nutrition written/paper submission and in the Docket: For access to the docket to Innovation Strategy, FDA is committed manner detailed (see ‘‘Written/Paper read background documents or the to providing opportunities for public Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments input to help with these initiatives. received, go to https:// Written/Paper Submissions Early and active engagement from www.regulations.gov and insert the Submit written/paper submissions as stakeholders and the public will help to docket number, found in brackets in the follows: inform FDA’s thinking and policy heading of this document, into the • Mail/Hand delivery/Courier (for actions. written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts Management Staff (HFA–305), Food and and/or go to the Dockets Management II. Topics for Discussion at the Public Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, Meeting Rockville, MD 20852. Lane, Rm. 1061, Rockville, MD 20852. FDA will host a 1-day meeting to • For written/paper comments FOR FURTHER INFORMATION CONTACT: provide stakeholders and other submitted to the Dockets Management For questions about registering for the interested persons an opportunity to Staff, FDA will post your comment, as meeting or to register by phone: Melissa have an in-depth discussion on various well as any attachments, except for Schroeder, SIDEM, 1775 Eye St, NW, aspects of the FDA Nutrition Innovation information submitted, marked and Suite 1150, Washington, DC 20006, identified, as confidential, if submitted 240–393–4496, EventSupport@ Strategy and to provide input on ways as detailed in ‘‘Instructions.’’ Sidemgroup.com. to modernize FDA’s approach to better Instructions: All submissions received For general questions about the protect public health while removing must include the Docket No. FDA– meeting or for special accommodations barriers to industry innovation. FDA 2018–N–2381 for ‘‘FDA’s due to a disability: Juanita Yates, Center expects that the topics addressed at the Comprehensive, Multi-Year Nutrition for Food Safety and Applied Nutrition meeting will include the following (a Innovation Strategy.’’ Received (HFS–009), Food and Drug more detailed agenda will be made comments, those filed in a timely Administration, 5001 Campus Dr., available prior to the meeting): manner (see ADDRESSES), will be placed College Park, MD 20740, 240–402–1731, • Considering using a standard icon in the docket and, except for those email: [email protected]. to denote the claim ‘‘healthy’’ on food submitted as ‘‘Confidential SUPPLEMENTARY INFORMATION: labels.

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• Creating a more efficient review Registration is free and based on received by July 12, 2018, midnight strategy for evaluating qualified health space availability, with priority given to Eastern Time. We will determine the claims on food labels. early registrants. Persons interested in amount of time allotted to each • Discussing new or enhanced attending this public meeting must presenter and the approximate time labeling statements or claims that could register by July 19, 2018, midnight each oral presentation is to begin, and facilitate innovation to produce more Eastern Time. Early registration is will select and notify participants by healthful foods and more healthful recommended because seating is July 16, 2018. Speakers will be limited consumer food choices. limited; therefore, FDA may limit the to making oral remarks; there will not be • Modernizing the standards of number of participants from each an opportunity to display materials such identity to provide more flexibility for organization. Registrants will receive as slide shows, videos, or other media the development of healthier products, confirmation when they have been during the meeting. No commercial or while making sure consumers have accepted. promotional material will be permitted accurate information about these food If you need special accommodations to be presented or distributed at the products. due to a disability, please contact public meeting. • Providing opportunities to make Juanita Yates (see FOR FURTHER Streaming Webcast of the Public ingredient information more helpful to INFORMATION CONTACT) no later than July Meeting: This public meeting will also consumers. be webcast. Webcast participants are • FDA’s educational campaign for 12, 2018. asked to preregister at https:// consumers about the updated Nutrition Requests for Oral Presentations: www.fda.gov/Food/NewsEvents/ Facts Label. During online registration you may We invite interested parties to provide indicate if you wish to present during a WorkshopsMeetingsConferences/ information on the above and other public comment session or participate default.htm. topics related to the FDA Nutrition in a specific session, and which topic(s) Transcripts: Please be advised that as Innovation Strategy. you wish to address. We will do our soon as a transcript of the public best to accommodate requests to make meeting is available, it will be accessible III. Participating in the Public Meeting public comments and requests to at https://www.regulations.gov. It may Registration: To register for the public participate in the focused sessions. be viewed at the Dockets Management meeting, please visit the following Individuals and organizations with Staff (see ADDRESSES). A link to the website: https://www.fda.gov/Food/ common interests are urged to transcript will also be available on the NewsEvents/WorkshopsMeetings consolidate or coordinate their internet at https://www.fda.gov/Food/ Conferences/default.htm. Please provide presentations, and request time for a NewsEvents/WorkshopsMeetings complete contact information for each joint presentation, or submit requests for Conferences/default.htm. attendee, including name, title, designated representatives to participate Other Issues for Consideration: A affiliation, address, email, and in the focused sessions. All requests to summary of key information on telephone. make oral presentations must be participating in the meeting follows: TABLE 1—INFORMATION ON PARTICIPATION IN THE MEETING

Request to make Special Submit either electronic or Date Address Preregister Electronic address an oral presentation accommodations written comments

July 26, 2018 from Hilton Washington July 19, 2018: Clos- https://www.fda.gov/ July 12, 2018 ...... July 12, 2018: clos- Submit Comments to: https:// 8:30 a.m. until DC/Rockville ing date for reg- Food/ ing date to re- www.regulations.gov, or 5:30 p.m. EDT. Hotel, 1750 istration. NewsEvents/ quest special ac- Dockets Management Staff Rockville Pike, WorkshopsMeeti- commodations (HFA–305), Food and Drug Rockville, MD ngsConferences/ due to a disability. Administration, 5630 Fish- 20852. default.htm. ers Lane, Rm. 1061, Rock- ville, MD 20852.

Dated: June 22, 2018. seventh meeting of the Tick-Borne www.hhs.gov/ash/advisory-committees/ Leslie Kux, Disease Working Group (Working tickbornedisease/meetings/index.html. Associate Commissioner for Policy. Group) on July 24, 2018, from 10:00 a.m. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–13831 Filed 6–26–18; 8:45 am] to 4:00 p.m., Eastern Time. The seventh James Berger, Office of HIV/AIDS and BILLING CODE 4164–01–P meeting will be an on-line meeting held Infectious Disease Policy, Office of the via webcast. The Working Group will Assistant Secretary for Health, review and vote on the content of the Department of Health and Human DEPARTMENT OF HEALTH AND five chapters that will be included in Services; via email at tickbornedisease@ HUMAN SERVICES the Working Group’s Report to hhs.gov or by phone at 202–795–7697. Congress. SUPPLEMENTARY INFORMATION: The Meeting of the Tick-Borne Disease Working Group invites public comment Working Group DATES: The on-line meeting will be held on issues related to the Working Group’s AGENCY: Office of HIV/AIDS and on July 24, 2018, from 10:00 a.m. to 4:00 charge. Comments may be provided Infectious Disease Policy, Office of the p.m. Eastern Time. over the phone during the meeting or in writing. Persons who wish to provide Assistant Secretary for Health, Office of ADDRESSES: This will be an on-line comments by phone should review the Secretary, Department of Health and meeting that is held via webcast. directions at https://www.hhs.gov/ash/ Human Services. Members of the public may attend the ACTION: Notice. advisory-committees/tickbornedisease/ meeting via webcast. Instructions for meetings/index.html before submitting a SUMMARY: The Department of Health and attending this virtual meeting will be request via email at tickbornedisease@ Human Services (HHS) announces the posted prior to the meeting at: https:// hhs.gov on or before July 19, 2018.

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Phone comments will be limited to The meeting will be closed to the would constitute a clearly unwarranted three minutes each to accommodate as public in accordance with the invasion of personal privacy. many speakers as possible. A total of 30 provisions set forth in sections Name of Committee: National Eye Institute minutes will be allocated to public 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Special Emphasis Panel; NEI Pathways To comments. If more requests are received as amended. The contract proposals and Independence (K99) and Conference (R13) than can be accommodated, speakers the discussions could disclose Grant Applications. will be randomly selected. The nature of confidential trade secrets or commercial Date: July 23–24, 2018. the comments will not be considered in property such as patentable material, Time: 10:00 a.m. to 6:00 p.m. Agenda: To review and evaluate grant making this selection. Public comments and personal information concerning applications. may also be provided in writing. individuals associated with the contract Place: National Institutes of Health, 5635 Individuals who would like to provide proposals, the disclosure of which Fishers Lane, Bethesda, MD 20892. written comment should review would constitute a clearly unwarranted Contact Person: Zhihong Shan, MD, Ph.D., directions at https://www.hhs.gov/ash/ invasion of personal privacy. Scientific Review Officer (Contractor), Division of Extramural Activities, National advisory-committees/tickbornedisease/ Name of Committee: National Institute of Eye Institute, National Institute of Health, meetings/index.html before sending Child Health and Human Development 5635 Fishers Lane, Suite 1300, Bethesda, MD their comments to tickbornedisease@ Special Emphasis Panel; Multiple Study Data 20892, 301–435–1779, zhihong.shan@ hhs.gov on or before July 19, 2018. Coordinating Centers for Division of nih.gov. During the meeting, the Working Intramural Population Health Research Group will review and vote on the (DIPHR). (Catalogue of Federal Domestic Assistance Date: July 30, 2018. Program Nos. 93.867, Vision Research, content of the five draft chapters that National Institutes of Health, HHS) will be included in the Working Group’s Time: 1:00 p.m. to 4:00 p.m. Agenda: To review and evaluate contract Report to Congress. Persons who wish to proposals. Dated: June 22, 2018. receive the draft chapters should email Place: National Institutes of Health, 6710 B Natasha M. Copeland, the [email protected] and Rockledge Drive, Bethesda, MD 20892, Program Analyst, Office of Federal Advisory request a copy. The chapters will be (Telephone Conference Call). Committee Policy. Contact Person: Sathasiva B. Kandasamy, available prior to the meeting. [FR Doc. 2018–13844 Filed 6–26–18; 8:45 am] Background and Authority: The Tick- Ph.D., Scientific Review Administrator, BILLING CODE 4140–01–P Borne Disease Working Group was Division of Scientific Review. National established on August 10, 2017, in Institute of Child Health and Human accordance with section 2062 of the 21st Development, 6710B Rockledge Drive, Bethesda, MD 20892, (301) 435–6680, DEPARTMENT OF HEALTH AND Century Cures Act, and the Federal [email protected]. HUMAN SERVICES Advisory Committee Act, 5 U.S.C. App., (Catalogue of Federal Domestic Assistance as amended, to provide expertise and Program Nos. 93.864, Population Research; National Institutes of Health review all HHS, DoD and VA efforts 93.865, Research for Mothers and Children; related to tick-borne diseases to help 93.929, Center for Medical Rehabilitation National Center for Complementary & ensure interagency coordination and Research; 93.209, Contraception and Integrative Health; Notice of Meeting minimize overlap, examine research Infertility Loan Repayment Program, National Pursuant to section 10(d) of the Institutes of Health, HHS) priorities, and identify and address Federal Advisory Committee Act, as unmet needs. In addition, the Working Dated: June 21, 2018. amended, notice is hereby given of a Group is required to submit a report to Michelle D. Trout, meeting of the National Advisory the Secretary and Congress on their Program Analyst, Office of Federal Advisory Council for Complementary and findings and any recommendations for Committee Policy. Integrative Health. improving the federal response to tick- [FR Doc. 2018–13788 Filed 6–26–18; 8:45 am] The meeting will be closed to the borne disease prevention, treatment and BILLING CODE 4140–01–P public in accordance with the research, and addressing gaps in those provisions set forth in sections areas. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dated: June 22, 2018. DEPARTMENT OF HEALTH AND as amended. The grant applications and James Berger, HUMAN SERVICES the discussions could disclose Designated Federal Officer, Office of HIV/ confidential trade secrets or commercial AIDS and Infectious Disease Policy, Tick- National Institutes of Health property such as patentable material, Borne Disease Working Group. and personal information concerning National Eye Institute; Notice of Closed [FR Doc. 2018–13812 Filed 6–26–18; 8:45 am] individuals associated with the grant Meeting BILLING CODE 4150–28–P applications, the disclosure of which Pursuant to section 10(d) of the would constitute a clearly unwarranted Federal Advisory Committee Act, as invasion of personal privacy. DEPARTMENT OF HEALTH AND amended, notice is hereby given of the Name of Committee: National Advisory HUMAN SERVICES following meeting. Council for Complementary and Integrative The meeting will be closed to the Health. National Institutes of Health public in accordance with the Date: August 15, 2018. Closed: 1:00 p.m. to 2:00 p.m. Eunice Kennedy Shriver National provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant Institute of Child Health & Human applications. Development; Notice of Closed as amended. The grant applications and the discussions could disclose Place: National Institutes of Health, Two Meeting Democracy Plaza, 6707 Democracy confidential trade secrets or commercial Boulevard, Bethesda, MD 20892, (Virtual Pursuant to section 10(d) of the property such as patentable material, Meeting). Federal Advisory Committee Act, as and personal information concerning Contact Person: Partap Singh Khalsa, amended, notice is hereby given of the individuals associated with the grant Ph.D., DC, Director, Division of Extramural following meeting. applications, the disclosure of which Activities, National Center for

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Complementary and Integrative Health, NIH, Agenda: To review and evaluate Name of Committee: National Institute of National Institutes of Health, 6707 cooperative agreement applications. Allergy and Infectious Diseases Special Democracy Blvd., Ste. 401, Bethesda, MD Place: National Institutes of Health, Emphasis Panel, AIDSRRC Independent SEP. 20892–5475, (301) 594–3462, khalsap@ Neuroscience Center, 6001 Executive Date: July 17, 2018. mail.nih.gov. Boulevard, Rockville, MD 20852 (Telephone Time: 10:00 a.m. to 12:00 p.m. Information is also available on the Conference Call). Agenda: To review and evaluate grant Institute’s/Center’s home page: https:// Contact Person: Julia Berzhanskaya, Ph.D., applications. nccih.nih.gov/about/naccih/, where an Scientific Review Officer, Office of Place: National Institutes of Health, 5601 agenda and any additional information for Extramural Policy and Review, Division of Fishers Lane, Rockville, MD 20892 the meeting will be posted when available. Extramural Research, National Institute on (Telephone Conference Call). Contact Person: Audrey O. Lau, Ph.D., (Catalogue of Federal Domestic Assistance Drug Abuse, NIH, DHHS, 6001 Executive Boulevard, Room 4234, MSC 9550, Bethesda, MPH, Scientific Review Officer, AIDS Program Nos. 93.213, Research and Training Review Branch SRP, Rm. 3E70, National in Complementary and Integrative Health, MD 20892, 301–827–5840, [email protected]. Institutes of Health, NIAID, 5601 Fishers National Institutes of Health, HHS). Lane, MSC 9834, Rockville, MD 20852–9834, (Catalogue of Federal Domestic Assistance Dated: June 21, 2018. 240–669–2081, [email protected]. Program Nos.: 93.279, Drug Abuse and Michelle D. Trout, Addiction Research Programs, National (Catalogue of Federal Domestic Assistance Program Analyst, Office of Federal Advisory Institutes of Health, HHS) Program Nos. 93.855, Allergy, Immunology, Committee Policy. and Transplantation Research; 93.856, Dated: June 21, 2018. Microbiology and Infectious Diseases [FR Doc. 2018–13786 Filed 6–26–18; 8:45 am] Natasha M. Copeland, Research, National Institutes of Health, HHS) BILLING CODE 4140–01–P Program Analyst, Office of Federal Advisory Dated: June 21, 2018. Committee Policy. Natasha M. Copeland, DEPARTMENT OF HEALTH AND [FR Doc. 2018–13789 Filed 6–26–18; 8:45 am] Program Analyst, Office of Federal Advisory HUMAN SERVICES BILLING CODE 4140–01–P Committee Policy. [FR Doc. 2018–13787 Filed 6–26–18; 8:45 am] National Institutes of Health BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND National Institute on Drug Abuse; HUMAN SERVICES Notice of Closed Meetings DEPARTMENT OF HEALTH AND National Institutes of Health Pursuant to section 10(d) of the HUMAN SERVICES Federal Advisory Committee Act, as National Institute of Allergy and National Institutes of Health amended, notice is hereby given of the Infectious Diseases; Notice of Closed following meetings. Meetings Center for Scientific Review; Notice of The meetings will be closed to the Closed Meeting public in accordance with the Pursuant to section 10(d) of the provisions set forth in sections Federal Advisory Committee Act, as Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended, notice is hereby given of the Federal Advisory Committee Act, as as amended. The grant applications and following meetings. amended, notice is hereby given of the following meeting. the discussions could disclose The meetings will be closed to the confidential trade secrets or commercial The meeting will be closed to the public in accordance with the public in accordance with the property such as patentable material, provisions set forth in sections and personal information concerning provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., individuals associated with the grant as amended. The grant applications and applications, the disclosure of which as amended. The grant applications and the discussions could disclose the discussions could disclose would constitute a clearly unwarranted confidential trade secrets or commercial invasion of personal privacy. confidential trade secrets or commercial property such as patentable material, property such as patentable material, Name of Committee: National Institute on and personal information concerning and personal information concerning Drug Abuse Special Emphasis Panel; R13 individuals associated with the grant individuals associated with the grant Conference Grant Review. applications, the disclosure of which Date: July 19, 2018. applications, the disclosure of which Time: 8:00 a.m. to 10:00 p.m. would constitute a clearly unwarranted would constitute a clearly unwarranted Agenda: To review and evaluate grant invasion of personal privacy. invasion of personal privacy. applications. Name of Committee: National Institute of Name of Committee: Center for Scientific Place: National Institutes of Health, Allergy and Infectious Diseases Special Review Special Emphasis Panel; PAR18–411: Neuroscience Center, 6001 Executive Emphasis Panel, HIV Vaccine Research and Understanding HIV Viral Suppression and Boulevard, Rockville, MD 20852 (Virtual Design (HIVRAD) Program (P01 Clinical Trial Transmission in the United States. Meeting). Not Allowed). Date: July 6, 2018. Contact Person: Susan O. McGuire, Ph.D., Date: July 16–17, 2018. Time: 12:00 p.m. to 4:00 p.m. Scientific Review Officer, Office of Time: 9:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant Extramural Policy and Review, National Agenda: To review and evaluate grant applications. Institute on Drug Abuse, National Institutes applications. Place: National Institutes of Health, 6701 of Health, DHHS, 6001 Executive Blvd., Place: National Institutes of Health, 5601 Rockledge Drive, Bethesda, MD 20892 Room 4245, Rockville, MD 20852, (301) 827– Fishers Lane, Rockville, MD 20892 (Telephone Conference Call). 5817, [email protected]. (Telephone Conference Call). Contact Person: Jose H Guerrier, Ph.D., Name of Committee: National Institute on Contact Person: Jay R. Radke, Ph.D., Scientific Review Officer, Center for Drug Abuse Special Emphasis Panel; Scientific Review Officer Scientific Review Scientific Review, National Institutes of Evaluating the NIDA Standardized Research Program, Division of Extramural Activities, Health, 6701 Rockledge Drive, Room 5218, E-Cigarette in Risk Reduction and Related Room #3G11B, National Institutes of Health, MSC 7852, Bethesda, MD 20892, 301–435– Studies (U01). NIAID, 5601 Fishers Lane, MSC–9823, 1137, [email protected]. Date: July 20, 2018. Bethesda, MD 20892–9823, (240) 669–5046, This notice is being published less than 15 Time: 11:00 a.m. to 2:00 p.m. [email protected]. days prior to the meeting due to the timing

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limitations imposed by the review and Contact Person: Sudha Veeraraghavan, Centers of Research Excellence (SCORE) on funding cycle. Ph.D., Scientific Review Officer, Center for Sex Differences. (Catalogue of Federal Domestic Assistance Scientific Review, National Institutes of Date: July 24–26, 2018. Program Nos. 93.306, Comparative Medicine; Health, 6701 Rockledge Drive, Bethesda, MD Time: 10:00 a.m. to 6:00 p.m. 93.333, Clinical Research, 93.306, 93.333, 20892, 301–435–1504, Agenda: To review and evaluate grant 93.337, 93.393–93.396, 93.837–93.844, [email protected]. applications. 93.846–93.878, 93.892, 93.893, National Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Institutes of Health, HHS) Review Special Emphasis Panel; PAR Panel: Rockledge Drive, Bethesda, MD 20892. Multidisciplinary Studies of HIV/AIDS and Contact Person: Elaine Sierra-Rivera, Ph.D., Dated: June 22, 2018. Aging. Scientific Review Officer, EMNR IRG, Center Natasha M. Copeland, Date: July 20, 2018. for Scientific Review, National Institutes of Program Analyst, Office of Federal Advisory Time: 10:00 a.m. to 4:00 p.m. Health, 6701 Rockledge Drive, Room 6182, Committee Policy. Agenda: To review and evaluate grant MSC 7892, Bethesda, MD 20892, 301 435– 2514, [email protected]. [FR Doc. 2018–13842 Filed 6–26–18; 8:45 am] applications. Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific BILLING CODE 4140–01–P Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel; Nephrology (Virtual Meeting). Small Business Review. Contact Person: Barna Dey, Ph.D., Date: July 25, 2018. DEPARTMENT OF HEALTH AND Scientific Review Officer, Center for Time: 9:00 a.m. to 6:00 p.m. HUMAN SERVICES Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3184, applications. National Institutes of Health Bethesda, MD 20892, 301–451–2796, bdey@ Place: National Institutes of Health, 6701 mail.nih.gov. Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). Center for Scientific Review; Notice of Name of Committee: Center for Scientific Contact Person: Atul Sahai, Ph.D., Closed Meetings Review Special Emphasis Panel; RFA–DK– Scientific Review Officer, Center for 17–038: HIV-Associated Digestive and Liver Scientific Review, National Institutes of Pursuant to section 10(d) of the Diseases. Health, 6701 Rockledge Drive, Room 2188, Federal Advisory Committee Act, as Date: July 20, 2018. MSC 7818, Bethesda, MD 20892, 301–435– amended, notice is hereby given of the Time: 10:30 a.m. to 5:00 p.m. 1198, [email protected]. following meetings. Agenda: To review and evaluate grant Name of Committee: Center for Scientific The meetings will be closed to the applications. Place: National Institutes of Health, 6701 Review Special Emphasis Panel; Toxicology public in accordance with the Rockledge Drive, Bethesda, MD 20892 and Digestive, Kidney and Urological provisions set forth in sections (Telephone Conference Call). Systems AREA Review. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Jingsheng Tuo, Ph.D., Date: July 25, 2018. as amended. The grant applications and Scientific Review Officer, Center for Time: 9:00 a.m. to 6:00 p.m. the discussions could disclose Scientific Review, National Institutes of Agenda: To review and evaluate grant confidential trade secrets or commercial Health, 6701 Rockledge Drive, Room 5207, applications. Place: National Institutes of Health, 6701 property such as patentable material, Bethesda, MD 20892, 301–451–8754, tuoj@ nei.nih.gov. Rockledge Drive, Bethesda, MD 20892 and personal information concerning (Virtual Meeting). individuals associated with the grant Name of Committee: Center for Scientific Contact Person: Aiping Zhao, MD, applications, the disclosure of which Review Special Emphasis Panel; Member Scientific Review Officer, Center for would constitute a clearly unwarranted Conflict: Molecular, Cellular and Biophysical Scientific Review, National Institutes of Neuroscience. invasion of personal privacy. Health, 6701 Rockledge Drive, Room 2188, Date: July 20, 2018. MSC 7818, Bethesda, MD 20892–7818, (301) Name of Committee: Center for Scientific Time: 1:00 p.m. to 5:00 p.m. 435–0682, [email protected]. Review Special Emphasis Panel; Special: Agenda: To review and evaluate grant Name of Committee: Center for Scientific AIDS and Related Research. applications. Review Special Emphasis Panel; Biological Date: July 6, 2018. Place: National Institutes of Health, 6701 Chemistry and Macromolecular Biophysics Time: 1:30 p.m. to 4:00 p.m. Rockledge Drive, Bethesda, MD 20892 Member Conflict. Agenda: To review and evaluate grant (Telephone Conference Call). Date: July 25, 2018. applications. Contact Person: Christine A. Piggee, Ph.D., Time: 10:00 a.m. to 4:00 p.m. Scientific Review Officer, Center for Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant Rockledge Drive, Bethesda, MD 20892 Scientific Review, National Institutes of applications. (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 4186, Place: National Institutes of Health, 6701 Contact Person: Mark P. Rubert, Ph.D., MSC 7850, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892 Scientific Review Officer, Center for 0657, [email protected]. (Virtual Meeting). Scientific Review, National Institutes of Name of Committee: Center for Scientific Contact Person: Mike Radtke, Ph.D., Health, 6701 Rockledge Drive, Room 5218, Review Special Emphasis Panel; PAR–17– Scientific Review Officer, Center for MSC 7852, Bethesda, MD 20892, 301–435– 316: Biomedical Technology Research Scientific Review, National Institutes of 1775, [email protected]. Resource (P41). Health, 6701 Rockledge Drive, Room 4176, This notice is being published less than 15 Date: July 24, 2018. MSC 7806, Bethesda, MD 20892, 301–435– days prior to the meeting due to the timing Time: 10:00 a.m. to 6:00 p.m. 1728, [email protected]. limitations imposed by the review and Agenda: To review and evaluate grant Name of Committee: Center for Scientific funding cycle. applications. Review Special Emphasis Panel; Member Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Conflict: Pharmacology. Review Special Emphasis Panel; Maximizing Rockledge Drive, Bethesda, MD 20892. Date: July 25, 2018. Investigators’ Research Award (R35). Contact Person: Joseph Thomas Peterson, Time: 11:00 a.m. to 1:00 p.m. Date: July 19–20, 2018. Ph.D., Scientific Review Officer, Center for Agenda: To review and evaluate grant Time: 8:00 a.m. to 5:00 p.m. Scientific Review, National Institutes of applications. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4118, Place: National Institutes of Health, 6701 applications. MSC 7814, Bethesda, MD 20892, 301–408– Rockledge Drive, Bethesda, MD 20892 Place: Embassy Suites at the Chevy Chase 9694, [email protected]. (Telephone Conference Call). Pavilion, 4300 Military Road NW, Name of Committee: Center for Scientific Contact Person: Richard D. Crosland, Washington, DC 20015. Review Special Emphasis Panel; Specialized Ph.D., Scientific Review Officer, Center for

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Scientific Review, National Institutes of Scientific Review, National Institutes of Date: July 18, 2018. Health, 6701 Rockledge Drive, Room 4190, Health, 6701 Rockledge Drive, Room 5222, Time: 10:00 a.m. to 5:00 p.m. MSC 7850, Bethesda, MD 20892, 301–694– MSC 7852, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant 7084, [email protected]. 1137, [email protected]. applications. Name of Committee: AIDS and Related Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Research Integrated Review Group; AIDS Review Special Emphasis Panel; Small Rockledge Drive, Bethesda, MD 20892 Discovery and Development of Therapeutics Business: Disease Prevention and (Virtual Meeting). Study Section. Management, Risk Reduction and Health Contact Person: Mike Radtke, Ph.D., Date: July 26, 2018. Behavior Change. Scientific Review Officer, Center for Time: 8:00 a.m. to 6:00 p.m. Date: July 12–13, 2018. Scientific Review, National Institutes of Agenda: To review and evaluate grant Time: 8:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 4176, applications. Agenda: To review and evaluate grant MSC 7806, Bethesda, MD 20892, 301–435– Place: Washington Marriott at Metro applications. 1728, [email protected]. Center, 775 12th Street NW, Washington, DC Place: Wyndham Grand Chicago Name of Committee: Center for Scientific 20005. Riverfront, 71 E Upper Wacker Dr., Chicago, Review Special Emphasis Panel; PAR Panel: Contact Person: Shiv A. Prasad, Ph.D., IL 60601. Mechanisms of Disparities in Chronic Liver Scientific Review Officer, Center for Contact Person: Michael John McQuestion, Diseases and Cancer. Scientific Review, National Institutes of Ph.D., Scientific Review Officer, Center for Date: July 18, 2018. Health, 6701 Rockledge Drive, Room 5220, Scientific Review, National Institutes of Time: 11:00 a.m. to 5:00 p.m. MSC 7852, Bethesda, MD 20892, 301–443– Health, 6701 Rockledge Drive, Room 3114, Agenda: To review and evaluate grant 5779, [email protected]. Bethesda, MD 20892, 301–480–1276, applications. [email protected]. (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, 6701 Program Nos. 93.306, Comparative Medicine; Name of Committee: AIDS and Related Rockledge Drive, Bethesda, MD 20892 93.333, Clinical Research, 93.306, 93.333, Research Integrated Review Group; AIDS (Virtual Meeting). 93.337, 93.393–93.396, 93.837–93.844, Molecular and Cellular Biology Study Contact Person: Lisa Steele, Ph.D., 93.846–93.878, 93.892, 93.893, National Section. Scientific Review Officer, PSE IRG, Center for Institutes of Health, HHS) Date: July 16, 2018. Scientific Review, National Institutes of Time: 8:00 a.m. to 5:00 p.m. Health, 6701 Rockledge Drive, Room 3139, Dated: June 22, 2018. Agenda: To review and evaluate grant MSC 7770, Bethesda, MD 20892, 301–594– Melanie J. Pantoja, applications. 6594, [email protected]. Program Analyst, Office of Federal Advisory Place: Residence Inn Bethesda, 7335 Name of Committee: Center for Scientific Committee Policy. Wisconsin Avenue, Bethesda, MD 20814. Review Special Emphasis Panel; Member Contact Person: Kenneth A. Roebuck, [FR Doc. 2018–13841 Filed 6–26–18; 8:45 am] Conflicts: Stress, Sleep, and Psychopathy. Ph.D., Scientific Review Officer, Center for Date: July 18, 2018. BILLING CODE 4140–01–P Scientific Review, National Institutes of Time: 2:00 p.m. to 4:30 p.m. Health, 6701 Rockledge Drive, Room 5214, Agenda: To review and evaluate grant MSC 7852, Bethesda, MD 20892, (301) 435– applications. DEPARTMENT OF HEALTH AND 1166, [email protected]. Place: National Institutes of Health, 6701 HUMAN SERVICES Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel; PAR 16– (Virtual Meeting). National Institutes of Health 121: Early-Stage Preclinical Validation of Contact Person: Andrea B. Kelly, Ph.D., Therapeutic Leads for Diseases of Interest to Scientific Review Officer, Center for Center for Scientific Review Notice of the NIDDK. Scientific Review, National Institutes of Closed Meetings Date: July 17, 2018. Health, 6701 Rockledge Drive, Room 3182, Time: 10:00 a.m. to 6:00 p.m. MSC 7770, Bethesda, MD 20892, (301) 455– Pursuant to section 10(d) of the Agenda: To review and evaluate grant 1761, [email protected]. Federal Advisory Committee Act, as applications. (Catalogue of Federal Domestic Assistance amended, notice is hereby given of the Place: National Institutes of Health, 6701 Program Nos. 93.306, Comparative Medicine; following meetings. Rockledge Drive, Bethesda, MD 20892 93.333, Clinical Research, 93.306, 93.333, The meetings will be closed to the (Virtual Meeting). 93.337, 93.393–93.396, 93.837–93.844, public in accordance with the Contact Person: Antonello Pileggi, MD, 93.846–93.878, 93.892, 93.893, National Ph.D., Scientific Review Officer, Center for Institutes of Health, HHS) provisions set forth in sections Scientific Review, National Institutes of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health, 6701 Rockledge Drive, Room 6166, Dated: June 21, 2018. as amended. The grant applications and Bethesda, MD 20892–7892, (301) 402–6297, Natasha M. Copeland, the discussions could disclose [email protected]. Program Analyst, Office of Federal Advisory confidential trade secrets or commercial Name of Committee: Center for Scientific Committee Policy. property such as patentable material, Review Special Emphasis Panel; Member [FR Doc. 2018–13785 Filed 6–26–18; 8:45 am] Conflict: Normal Aging and and personal information concerning BILLING CODE 4140–01–P individuals associated with the grant Neurodegenerative Disorders. applications, the disclosure of which Date: July 18, 2018. Time: 10:00 a.m. to 3:00 p.m. would constitute a clearly unwarranted Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND invasion of personal privacy. applications. HUMAN SERVICES Name of Committee: AIDS and Related Place: National Institutes of Health, 6701 Research Integrated Review Group; Rockledge Drive, Bethesda, MD 20892 National Institutes of Health Behavioral and Social Science Approaches to (Virtual Meeting). Preventing HIV/AIDS Study Section. Contact Person: Samuel C. Edwards, Ph.D., National Institute of Mental Health; Date: July 11–12, 2018. Chief, Center for Scientific Review, National Notice of Closed Meeting Time: 8:00 a.m. to 5:00 p.m. Institutes of Health, 6701 Rockledge Drive, Agenda: To review and evaluate grant Room 5210, MSC 7846, Bethesda, MD 20892, Pursuant to section 10(d) of the applications. (301) 435–1246, [email protected]. Federal Advisory Committee Act, as Place: The Fairmont Washington, DC, 2401 Name of Committee: Center for Scientific amended, notice is hereby given of the M Street NW, Washington, DC 20037. Review Special Emphasis Panel; following meeting. Contact Person: Jose H. Guerrier, Ph.D., Fellowships: Biological Chemistry and The meeting will be closed to the Scientific Review Officer, Center for Macromolecular Biophysics. public in accordance with the

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provisions set forth in sections SUMMARY: New or modified Base section 206 of the Flood Disaster 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., (1-percent annual chance) Flood Protection Act of 1973, 42 U.S.C. 4105, as amended. The grant applications and Elevations (BFEs), base flood depths, and are in accordance with the National the discussions could disclose Special Flood Hazard Area (SFHA) Flood Insurance Act of 1968, 42 U.S.C. confidential trade secrets or commercial boundaries or zone designations, and/or 4001 et seq., and with 44 CFR part 65. property such as patentable material, regulatory floodways (hereinafter For rating purposes, the currently and personal information concerning referred to as flood hazard effective community number is shown individuals associated with the grant determinations) as shown on the and must be used for all new policies applications, the disclosure of which indicated Letter of Map Revision and renewals. would constitute a clearly unwarranted (LOMR) for each of the communities The new or modified flood hazard invasion of personal privacy. listed in the table below are finalized. information is the basis for the Name of Committee: National Institute of Each LOMR revises the Flood Insurance floodplain management measures that Mental Health Special Emphasis Panel; Rate Maps (FIRMs), and in some cases the community is required either to Member Conflicts: Mental Health Services the Flood Insurance Study (FIS) reports, adopt or to show evidence of being Research. currently in effect for the listed already in effect in order to remain Date: July 23, 2018. communities. The flood hazard qualified for participation in the Time: 11:00 a.m. to 1:00 p.m. determinations modified by each LOMR National Flood Insurance Program Agenda: To review and evaluate grant will be used to calculate flood insurance (NFIP). applications. premium rates for new buildings and This new or modified flood hazard Place: National Institutes of Health, Neuroscience Center, 6001 Executive their contents. information, together with the Boulevard, Rockville, MD 20852 (Telephone DATES: Each LOMR was finalized as in floodplain management criteria required Conference Call). the table below. by 44 CFR 60.3, are the minimum that Contact Person: Karen Gavin-Evans, Ph.D., ADDRESSES: Each LOMR is available for are required. They should not be Scientific Review Officer, Division of inspection at both the respective construed to mean that the community Extramural Activities, National Institute of Community Map Repository address must change any existing ordinances Mental Health, NIH, Neuroscience Center, listed in the table below and online that are more stringent in their 6001 Executive Boulevard, Room 6153, MSC through the FEMA Map Service Center floodplain management requirements. 9606, Bethesda, MD 20892, 301–451–2356, The community may at any time enact [email protected]. at https://msc.fema.gov. FOR FURTHER INFORMATION CONTACT: Rick stricter requirements of its own or (Catalogue of Federal Domestic Assistance pursuant to policies established by other Program No. 93.242, Mental Health Research Sacbibit, Chief, Engineering Services Grants, National Institutes of Health, HHS) Branch, Federal Insurance and Federal, State, or regional entities. This new or modified flood hazard Dated: June 22, 2018. Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, determinations are used to meet the Melanie J. Pantoja, (202) 646–7659, or (email) floodplain management requirements of Program Analyst, Office of Federal Advisory [email protected]; or visit the NFIP and are used to calculate the Committee Policy. the FEMA Map Information eXchange appropriate flood insurance premium [FR Doc. 2018–13845 Filed 6–26–18; 8:45 am] (FMIX) online at https:// rates for new buildings, and for the BILLING CODE 4140–01–P www.floodmaps.fema.gov/fhm/fmx_ contents in those buildings. The main.html. changes in flood hazard determinations are in accordance with 44 CFR 65.4. SUPPLEMENTARY INFORMATION: The Interested lessees and owners of real DEPARTMENT OF HOMELAND Federal Emergency Management Agency property are encouraged to review the SECURITY (FEMA) makes the final flood hazard final flood hazard information available determinations as shown in the LOMRs at the address cited below for each Federal Emergency Management for each community listed in the table Agency community or online through the FEMA below. Notice of these modified flood Map Service Center at https:// hazard determinations has been msc.fema.gov. [Docket ID FEMA–2018–0002] published in newspapers of local circulation and 90 days have elapsed (Catalog of Federal Domestic Assistance No. Changes in Flood Hazard since that publication. The Deputy 97.022, ‘‘Flood Insurance.’’) Determinations Associate Administrator for Insurance David I. Maurstad, AGENCY: Federal Emergency and Mitigation has resolved any appeals Deputy Associate Administrator for Insurance Management Agency, DHS. resulting from this notification. and Mitigation, Department of Homeland The modified flood hazard ACTION: Notice. Security, Federal Emergency Management determinations are made pursuant to Agency.

Location and Chief executive Community map Date of Community State and county case No. officer of community repository modification No.

Arizona: Maricopa (FEMA City of Goodyear The Honorable Georgia Lord, Mayor, City Engineering Department, 14455 May 4, 2018 ...... 040046 Docket No.: B– (17–09–1851P). of Goodyear, 190 North Litchfield Road, West Van Buren Street, Good- 1805). Goodyear, AZ 85338. year, AZ 85338. Maricopa (FEMA Unincorporated Areas The Honorable Denny Barney, Chairman, Flood Control District of Maricopa May 4, 2018 ...... 040037 Docket No.: B– of Maricopa County Board of Supervisors, Maricopa County, County, 2801 West Durango 1805). (17–09–1851P). 301 West Jefferson Street, 10th Floor, Street, Phoenix, AZ 85009. Phoenix, AZ 85003. California: Alameda (FEMA Unincorporated Areas The Honorable Wilma Chan, President, Alameda County Public Works May 7, 2018 ...... 060001 Docket No.: B– of Alameda County Board of Supervisors, Alameda County, Agency, 399 Elmhurst Street, 1805). (17–09–2355P). 1221 Oak Street, Suite 536, Oakland, Hayward, CA 94544. CA 94612.

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Location and Chief executive Community map Date of Community State and county case No. officer of community repository modification No.

Los Angeles City of Agoura Hills The Honorable William D. Koehler, Mayor, City Hall, 30001 Ladyface Court, May 18, 2018 ...... 065072 (FEMA Docket (18–09–0469P). City of Agoura Hills, 30001 Ladyface Agoura Hills, CA 91301. No.: B–1809). Court, Agoura Hills, CA 91301. Riverside (FEMA Unincorporated Areas The Honorable John F. Tavaglione, Chair- Riverside County, Flood Control Apr. 10, 2018 ...... 060245 Docket No.: B– of Riverside Coun- man, Board of Supervisors, Riverside and Water Conservation District, 1809). ty (17–09–1273P). County, 4080 Lemon Street, 5th Floor, 1995 Market Street, Riverside, Riverside, CA 92501. CA 92502. Ventura (FEMA City of Simi Valley The Honorable Bob Huber, Mayor, City of City Hall, 2929 Tapo Canyon Apr. 30, 2018 ...... 060421 Docket No.: B– (17–09–2603P). Simi Valley, 2929 Tapo Canyon Road, Road, Simi Valley, CA 93063. 1805). Simi Valley, CA 93063. Hawaii: Hawaii (FEMA Hawaii County (17– The Honorable Harry Kim, Mayor, County Department of Public Works, 101 Apr. 12, 2018 ...... 155166 Docket No.: B– 09–1339P). of Hawaii, 25 Aupuni Street, Hilo, HI Pauahi Street, Suite 7, Hilo, HI 1805). 96720. 96720. Honolulu (FEMA City and County of The Honorable Kirk Caldwell, Mayor, City Department of Planning and Per- Apr. 26, 2018 ...... 150001 Docket No.: B– Honolulu (17–09– and County of Honolulu, 530 South King mitting, 650 South King Street, 1805). 2310P). Street Room 306, Honolulu, HI 96813. Honolulu, HI 96813. Maui (FEMA Maui County (17–09– The Honorable Alan M. Arakawa, Mayor, County of Maui Planning Depart- May 9, 2018 ...... 150003 Docket No.: B– 1464P). Maui County, 200 South High Street, ment, 2200 Main Street Suite 1809). Kalana O Maui Building, 9th Floor, 315, Wailuku, HI 96793. Wailuku, HI 96793. Idaho: Ada (FEMA Unincorporated Areas The Honorable David L. Case, Chairman, Ada County Courthouse, 200 Apr. 20, 2018 ...... 160001 Docket No.: B– of Ada County (17– Ada County Board of Commissioners, West Front Street, Boise, ID 1805). 10–1683P). 200 West Front Street, 3rd Floor, Boise, 83702. ID 83702. Illinois: Adams (FEMA City of Quincy (17– The Honorable Kyle A. Moore, Mayor, City City Hall, 730 Maine Street, Quin- Apr. 19, 2018 ...... 170003 Docket No.: B– 05–2795P). of Quincy, 730 Maine Street, Quincy, IL cy, IL 62301. 1805). 62301. Adams (FEMA Unincorporated Areas The Honorable Les Post, Chairman, Adams County Courthouse, 101 Apr. 19, 2018 ...... 170001 Docket No.: B– of Adams County Adams County Board, Adams County North 54th Street, Quincy, IL 1805). (17–05–2795P). Courthouse, 101 North 54th Street, 62305. Quincy, IL 62305. Indiana: Bartholomew City of Columbus The Honorable James D. Lienhoop, Mayor, Bartholomew County Planning De- Apr. 17, 2018 ...... 180007 (FEMA Docket (17–05–4165P). City of Columbus, City Hall, 123 Wash- partment, 123 Washington No.: B–1805). ington Street, Columbus, IN 47201. Street, Suite B, Columbus, IN 47201. Bartholomew Unincorporated Areas Mr. Carl Lienhoop, Chairman, Bartholomew Bartholomew County Planning De- Apr. 17, 2018 ...... 180006 (FEMA Docket of Bartholomew County Commissioners, 440 3rd Street, partment, 123 Washington No.: B–1805). County (17–05– Columbus, IN 47201. Street, Suite B, Columbus, IN 4165P). 47201. Oregon: Marion (FEMA City of Salem (17– The Honorable Chuck M. Bennett, Mayor, Public Works Department, 555 Apr. 11, 2018 ...... 410167 Docket No.: B– 10–1190P). City of Salem, 555 Liberty Street South- Liberty Street Southeast, Room 1805). east, Room 220, Salem, OR 97301. 325, Salem, OR 97301. Marion (FEMA City of Turner (17– The Honorable Gary Tiffin, Mayor, City of City Hall, 7250 3rd Street South- Apr. 11, 2018 ...... 410171 Docket No.: B– 10–1190P). Turner, 5255 Chicago Street Southeast, east, Turner, OR 97392. 1805). Turner, OR 97392. Marion (FEMA Unincorporated Areas Mr. Sam Brentano, Commissioner, Marion Marion County Department of Apr. 11, 2018 ...... 410154 Docket No.: B– of Marion County County, 555 Court Street Northeast, Planning, 3150 Lancaster Drive 1805). (17–10–1190P). Suite 5232, Salem, OR 97309. Northeast, Salem, OR 97305.

[FR Doc. 2018–13741 Filed 6–26–18; 8:45 am] Special Flood Hazard Area (SFHA) Community Map Repository address BILLING CODE 9110–12–P boundaries or zone designations, and/or listed in the table below and online regulatory floodways (hereinafter through the FEMA Map Service Center referred to as flood hazard at https://msc.fema.gov. DEPARTMENT OF HOMELAND determinations) as shown on the FOR FURTHER INFORMATION CONTACT: Rick SECURITY indicated Letter of Map Revision Sacbibit, Chief, Engineering Services (LOMR) for each of the communities Branch, Federal Insurance and Federal Emergency Management listed in the table below are finalized. Mitigation Administration, FEMA, 400 Agency Each LOMR revises the Flood Insurance C Street SW, Washington, DC 20472, Rate Maps (FIRMs), and in some cases (202) 646–7659, or (email) [Docket ID FEMA–2018–0002] the Flood Insurance Study (FIS) reports, [email protected]; or visit currently in effect for the listed Changes in Flood Hazard communities. The flood hazard the FEMA Map Information eXchange Determinations (FMIX) online at https:// determinations modified by each LOMR _ will be used to calculate flood insurance www.floodmaps.fema.gov/fhm/fmx AGENCY: Federal Emergency main.html. Management Agency, DHS. premium rates for new buildings and their contents. ACTION: Notice. SUPPLEMENTARY INFORMATION: The DATES: Each LOMR was finalized as in Federal Emergency Management Agency SUMMARY: New or modified Base (1- the table below. (FEMA) makes the final flood hazard percent annual chance) Flood ADDRESSES: Each LOMR is available for determinations as shown in the LOMRs Elevations (BFEs), base flood depths, inspection at both the respective for each community listed in the table

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below. Notice of these modified flood the community is required either to floodplain management requirements of hazard determinations has been adopt or to show evidence of being the NFIP and are used to calculate the published in newspapers of local already in effect in order to remain appropriate flood insurance premium circulation and 90 days have elapsed qualified for participation in the rates for new buildings, and for the since that publication. The Deputy National Flood Insurance Program contents in those buildings. The Associate Administrator for Insurance (NFIP). changes in flood hazard determinations and Mitigation has resolved any appeals This new or modified flood hazard are in accordance with 44 CFR 65.4. resulting from this notification. information, together with the Interested lessees and owners of real The modified flood hazard floodplain management criteria required property are encouraged to review the determinations are made pursuant to by 44 CFR 60.3, are the minimum that final flood hazard information available section 206 of the Flood Disaster are required. They should not be at the address cited below for each Protection Act of 1973, 42 U.S.C. 4105, construed to mean that the community community or online through the FEMA and are in accordance with the National must change any existing ordinances Map Service Center at https:// Flood Insurance Act of 1968, 42 U.S.C. that are more stringent in their msc.fema.gov. (Catalog of Federal 4001 et seq., and with 44 CFR part 65. For rating purposes, the currently floodplain management requirements. Domestic Assistance No. 97.022, ‘‘Flood effective community number is shown The community may at any time enact Insurance.’’) stricter requirements of its own or and must be used for all new policies David I. Maurstad, and renewals. pursuant to policies established by other Federal, State, or regional entities. Deputy Associate Administrator for Insurance The new or modified flood hazard and Mitigation, Department of Homeland information is the basis for the This new or modified flood hazard Security, Federal Emergency Management floodplain management measures that determinations are used to meet the Agency.

Location and Date of Community State and county case No. Chief executive officer of community Community map repository modification No.

Arkansas: Benton City of Rogers (17– The Honorable Greg Hines, Mayor, City of City Hall, 301 West Chestnut May 14, 2018 ...... 050013 (FEMA Docket No.: 06–4054P). Rogers, 301 West Chestnut Street, Rog- Street, Rogers, AR 72756. B–1810). ers, AR 72756. Colorado: Boulder (FEMA City of Boulder (17– Ms. Jane S. Brautigam, Manager, City of City Hall, 1739 Broadway, 3rd May 31, 2018 ...... 080024 Docket No.: B– 08–0797P). Boulder, P.O. Box 791, Boulder, CO Floor, Boulder, CO 80306. 1810). 80306. Douglas (FEMA Town of Parker (17– The Honorable Mike Waid, Mayor, Town of Town Hall, 20120 East Main May 18, 2018 ...... 080310 Docket No.: B– 08–1041P). Parker, 20120 East Main Street, Parker, Street, Parker, CO 80138. 1810). CO 80138. Douglas (FEMA Unincorporated areas The Honorable Roger Partridge, Chairman, Douglas County Planning Division, May 18, 2018 ...... 080049 Docket No.: B– of Douglas County Douglas County Board of Commis- 100 3rd Street, Castle Rock, CO 1810). (17–08–1041P). sioners, 100 3rd Street, Castle Rock, CO 80104. 80104. El Paso (FEMA City of Colorado The Honorable John Suthers, Mayor, City City Hall, 30 South Nevada Ave- May 17, 2018 ...... 080060 Docket No.: B– Springs (17–08– of Colorado Springs, 30 South Nevada nue, Colorado Springs, CO 1810). 1081P). Avenue, Suite 601, Colorado Springs, 80903. CO 80903. Connecticut:, Fairfield City of Stamford (18– The Honorable David Martin, Mayor, City City Hall, 888 Washington Boule- May 24, 2018 ...... 090015 (FEMA Docket No.: 01–0055P). of Stamford, 888 Washington Boulevard, vard, Stamford, CT 06904. B–1816). Stamford, CT 06904. Florida: Charlotte (FEMA Unincorporated areas The Honorable Bill Truex, President, Char- Charlotte County Community De- May 25, 2018 ...... 120061 Docket No.: B– of Charlotte County lotte County Board of Commissioners, velopment Department, 18500 1816). (17–04–7102P). 18500 Murdock Circle, Suite 536, Port Murdock Circle, Port Charlotte, Charlotte, FL 33948. FL 33948. Hillsborough Unincorporated areas The Honorable Sandra Murman, Chair, Hillsborough County Building May 21, 2018 ...... 120112 (FEMA Docket of Hillsborough Hillsborough County Board of Commis- Services Division, 601 East No.: B–1816). County (17–04– sioners, 601 East Kennedy Boulevard, Kennedy Boulevard, Tampa, FL 5216P). Tampa, FL 33602. 33602. Lee (FEMA Dock- City of Sanibel (17– The Honorable Kevin Ruane, Mayor, City Planning and Code Enforcement May 10, 2018 ...... 120402 et No.: B– 04–6485P). of Sanibel, 800 Dunlop Road, Sanibel, Department, 800 Dunlop Road, 1810). FL 33957. Sanibel, FL 33957. Orange (FEMA City of Orlando (17– The Honorable Buddy Dyer, Mayor, City of City Hall, 400 South Orange Ave- May 16, 2018 ...... 120186 Docket No.: B– 04–3609P). Orlando, P.O. Box 4990, Orlando, FL nue, Orlando, FL 32801. 1810). 32802. Polk (FEMA City of Lakeland (17– The Honorable William Mutz, Mayor, City Public Works Department, 407 May 31, 2018 ...... 120267 Docket No.: B– 04–7441P). of Lakeland, 228 South Massachusetts Fairway Avenue, Lakeland, FL 1810). Avenue, Lakeland, FL 33801. 33801. Sarasota (FEMA Unincorporated areas The Honorable Nancy Detert, Chair, Sara- Sarasota County Planning and May 24, 2018 ...... 125144 Docket No.: B– of Sarasota County sota County Board of Commissioners, Development Services Depart- 1816). (18–04–0312P). 1660 Ringling Boulevard, Sarasota, FL ment, 1001 Sarasota Center 34236. Boulevard, Sarasota, FL 34240. Georgia: Floyd (FEMA City of Cave Spring The Honorable Dennis Shoaf, Mayor, City City Hall, 10 Georgia Avenue, May 11, 2018 ...... 130080 Docket No.: B– (17–04–3382P). of Cave Spring, 10 Georgia Avenue, Cave Spring, GA 30124. 1810). Cave Spring, GA 30124. Floyd (FEMA Unincorporated areas The Honorable Rhonda Wallace, Chair, Floyd County Building Inspections May 11, 2018 ...... 130079 Docket No.: B– of Floyd County Floyd County Board of Commissioners, Department, 12 East 4th Ave- 1810). (17–04–3382P). 12 East 4th Avenue, Rome, GA 30161. nue, Rome, GA 30161. Richmond (FEMA Augusta-Richmond The Honorable Hardie Davis, Jr., Mayor, Augusta-Richmond County Plan- May 25, 2018 ...... 130158 Docket No.: B– County (17–04– Augusta-Richmond County, 535 Telfair ning and Development Depart- 1816). 3443P). Street, Augusta, GA 30901. ment, 535 Telfair Street, Au- gusta, GA 30901.

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Location and Date of Community State and county case No. Chief executive officer of community Community map repository modification No.

Kentucky: Fayette Lexington-Fayette The Honorable Jim Gray, Mayor, Lex- Planning Division, 101 East Vine May 16, 2018 ...... 210067 (FEMA Docket No.: Urban County Gov- ington-Fayette Urban County Govern- Street, Lexington, KY 40507. B–1810). ernment (17–04– ment, 200 East Main Street, Lexington, 5322P). KY 40507. Maine: Oxford (FEMA Town of Hartford The Honorable Lee Holman, Chair, Town Town Hall, 1196 Main Street, May 10, 2018 ...... 230334 Docket No.: B– (18–01–0057P). of Hartford Board of Selectmen, 1196 Hartford, ME 04220. 1810). Main Street, Hartford, ME 04220. Montana: Ravalli Unincorporated areas The Honorable Greg Chilcott, Chairman, Ravalli County Planning Depart- May 14, 2018 ...... 300061 (FEMA Docket No.: of Ravalli County Ravalli County Board of Commissioners, ment, 215 S 4th Street, Suite F, B–1810). (17–08–0795P). 215 South 4th Street, Suite A, Hamilton, Hamilton, MT 59840. MT 59840. North Carolina: Meck- Town of Huntersville The Honorable John Aneralla, Mayor, Planning Department, 105 Gilead May 18, 2018 ...... 370478 lenburg (FEMA (17–04–6264P). Town of Huntersville, P.O. Box 664, Road, 3rd Floor, Huntersville, Docket No.: B– Huntersville, NC 28070. NC 28078. 1810). South Carolina: Jas- City of Hardeeville The Honorable Harry Williams, Mayor, City Building Department, 205 Main May 24, 2018 ...... 450113 per (FEMA Docket (17–04–7055P). of Hardeeville, 205 Main Street, Street, Hardeeville, SC 29927. No.: B–1816). Hardeeville, SC 29927. Texas: Collin (FEMA City of McKinney The Honorable George Fuller, Mayor, City Engineering Department, 221 May 21, 2018 ...... 480135 Docket No.: B– (17–06–4217P). of McKinney, P.O. Box 517, McKinney, North Tennessee Street, McKin- 1816). TX 75070. ney, TX 75069. Collin (FEMA City of Plano (17–06– The Honorable Harry LaRosiliere, Mayor, Engineering Department, 1520 K May 21, 2018 ...... 480140 Docket No.: B– 4151P). City of Plano, 1520 K Avenue, Plano, TX Avenue, Plano, TX 75074. 1816). 75074. Collin (FEMA City of Richardson The Honorable Paul Voelker, Mayor, City Capital Projects Department, 411 May 21, 2018 ...... 480184 Docket No.: B– (17–06–4151P). of Richardson, 411 West Arapaho Road, West Arapaho Road, Richard- 1816). Richardson, TX 75080. son, TX 75080. Denton (FEMA City of Carrollton The Honorable Kevin Falconer, Mayor, City City Hall, 1945 East Jackson May 10, 2018 ...... 480167 Docket No.: B– (17–06–2506P). of Carrollton, P.O. Box 110535, Street, Carrollton, TX 75006. 1810). Carrollton, TX 75011. Denton (FEMA City of The Colony The Honorable Joe McCourry, Mayor, City City Hall, 6800 Main Street, The May 10, 2018 ...... 481581 Docket No.: B– (17–06–2506P). of The Colony, 6800 Main Street, The Colony, TX 75056. 1810). Colony, TX 75056. Rockwall (FEMA City of Rockwall (17– The Honorable Jim Pruitt, Mayor, City of Public Works Department, 385 May 14, 2018 ...... 480547 Docket No.: B– 06–3552P). Rockwall, 385 South Goliad Street, South Goliad Street, Rockwall, 1810). Rockwall, TX 75087. TX 75087. Smith (FEMA City of Tyler (17–06– The Honorable Martin Heines, Mayor, City Development Services Depart- May 10, 2018 ...... 480571 Docket No.: B– 1762P). of Tyler, P.O. Box 2039, Tyler, TX ment, 423 West Ferguson 1810). 75710. Street, Tyler, TX 75702. Tarrant (FEMA City of Fort Worth The Honorable Betsy Price, Mayor, City of Department of Transportation and May 17, 2018 ...... 480596 Docket No.: B– (17–06–2261P). Fort Worth, 200 Texas Street, Fort Public Works, 200 Texas Street, 1810). Worth, TX 76102. Fort Worth, TX 76102. Tarrant (FEMA City of Fort Worth The Honorable Betsy Price, Mayor, City of Department of Transportation and May 24, 2018 ...... 480596 Docket No.: B– (17–06–4076P). Fort Worth, 200 Texas Street, Fort Public Works, 200 Texas Street, 1810). Worth, TX 76102. Fort Worth, TX 76102. Tarrant (FEMA City of Fort Worth The Honorable Betsy Price, Mayor, City of Department of Transportation and May 24, 2018 ...... 480596 Docket No.: B– (17–06–4079P). Fort Worth, 200 Texas Street, Fort Public Works, 200 Texas Street, 1810). Worth, TX 76102. Fort Worth, TX 76102. Tarrant (FEMA City of Haltom City The Honorable David Averitt, Mayor, City Public Works Services Depart- May 14, 2018 ...... 480599 Docket No.: B– (17–06–4081P). of Haltom City, 5024 Broadway Avenue, ment, 4200 Hollis Street, Haltom 1810). Haltom City, TX 76117. City, TX 76111. Utah: Washington City of St. George The Honorable Jon Pike, Mayor, City of St. City Hall, 175 East 200 North, St. May 25, 2018 ...... 490177 (FEMA Docket No.: (17–08–0793P). George, 175 East 200 North, St. George, George, UT 84770. B–1810). UT 84770. Virginia: Louisa (FEMA Unincorporated areas Mr. Christian Goodwin, Louisa County Ad- Louisa County Department of May 14, 2018 ...... 510092 Docket No.: B– of Louisa County ministrator, P.O. Box 160, Louisa, VA Community Development, 1 1803). (17–03–2337P). 23093. Woolfolk Avenue, Louisa, VA 23093. Orange (FEMA Unincorporated areas Mr. R. Bryan David, Orange County Ad- Orange County Department of May 14, 2018 ...... 510203 Docket No.: B– of Orange County ministrator, P.O. Box 111, Orange, VA Planning and Zoning, 128 West 1803). (17–03–2337P). 22960. Main Street, Orange, VA 22960. Spotsylvania Unincorporated areas Mr. Mark B. Taylor, Spotsylvania County Spotsylvania County Zoning De- May 14, 2018 ...... 510308 (FEMA Docket of Spotsylvania Administrator, 9104 Courthouse Road, partment, 9019 Old Battlefield No.: B–1803). County (17–03– Spotsylvania, VA 22553. Boulevard, Suite 300, Spotsyl- 2337P). vania, VA 22553.

[FR Doc. 2018–13744 Filed 6–26–18; 8:45 am] BILLING CODE 9110–12–P

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DEPARTMENT OF THE INTERIOR our implementing regulations in the ESA. We will also conduct an intra- Code of Federal Regulations (CFR) at 50 Service consultation to evaluate Fish and Wildlife Service CFR part 17 prohibit the ‘‘take’’ of fish whether issuance of the ITP would [FWS–R4–ES–2018–N046; and wildlife species listed as comply with section 7 of the ESA. We FXES11130400000EA–123–FF04EF1000] endangered or threatened. Take of listed will use the results of this consultation, fish or wildlife is defined under the ESA in combination with the above findings, Endangered and Threatened Wildlife as ‘‘to harass, harm, pursue, hunt, shoot, in our final analysis to determine and Plants; Availability of Proposed wound, kill, trap, capture, or collect, or whether or not to issue the ITP. If the Low-Effect Habitat Conservation Plan to attempt to engage in any such requirements are met, we will issue ITP for the Sand Skink, Lake, County, FL conduct’’ (16 U.S.C. 1532(19)). number TE69161C–0 to the applicant. However, under limited circumstances, AGENCY: Fish and Wildlife Service, we issue permits to authorize incidental Public Availability of Comments Interior. take, i.e., take that is incidental to, and Before including your address, phone ACTION: Notice of availability; request not the purpose of, the carrying out of number, email address, or other for comment/information. an otherwise lawful activity. personal identifying information in your Regulations governing incidental take comment, you should be aware that SUMMARY: We, the Fish and Wildlife permits for endangered and threatened your entire comment—including your Service (Service), have received an species are at 50 CFR 17.22 and 17.32, personal identifying information—may application for an incidental take permit respectively. In addition to meeting be made publicly available at any time. (ITP) under the Endangered Species Act other criteria, an incidental take While you can ask us in your comment of 1973, as amended. The City of permit’s proposed actions must not to withhold your personal identifying Groveland is requesting a 10-year ITP jeopardize the existence of federally information from public review, we for take of the sand skink. We request listed fish, wildlife, or plants. cannot guarantee that we will be able to public comment on the permit do so. application, which includes the Applicant’s Proposal proposed habitat conservation plan, as The City of Groveland is requesting a Authority well as on our preliminary 10-year ITP to take approximately 1.57 We provide this notice under section determination that the plan qualifies as acres (ac) of occupied sand skink 10 of the ESA and NEPA regulation 40 low-effect under the National (Neoseps reynoldsi) foraging and CFR 1506.6. Environmental Policy Act. To make this sheltering habitat incidental to determination, we used our construction of a fire station. The 5.0-ac Jay B. Herrington, environmental action statement and project site is parcel Number 19–22–25– Field Supervisor, Jacksonville Field Office, low-effect screening form, which are 000100005200, located within Section Southeast Region. also available for review. 19, Township 22 South, Range 25 East [FR Doc. 2018–13799 Filed 6–26–18; 8:45 am] DATES: To ensure consideration, please in Lake County, Florida. The project BILLING CODE 43133–15–P send your written comments by July 27, includes the clearing, infrastructure 2018. building, and landscaping associated DEPARTMENT OF THE INTERIOR ADDRESSES: If you wish to review the with construction. The applicant application, including the HCP, as well proposes to mitigate for the take of the Bureau of Land Management as our environmental action statement threatened sand skink by purchasing 3.14 mitigation credits within Backbone [18X.LLID957000 or low-effect screening form, you may .L14400000.BJ0000.241A.X.4500121930] request the documents by email, U.S. Conservation Bank or another Service- approved sand skink conservation bank. mail, or phone. These documents are Filing of Plats of Survey: Idaho also available for public inspection by Our Preliminary Determination appointment during normal business AGENCY: Bureau of Land Management, We have determined that the hours at the office below. Send your Interior. applicant’s proposal, including the comments or requests by any one of the ACTION: Notice. proposed mitigation and minimization following methods. measures, would have minor or Email: [email protected]. Use SUMMARY: The plats of survey of the negligible effects on the species covered ‘‘Attn: TE69161C–0.’’ following described lands are scheduled in the HCP. Therefore, we have Fax: Field Supervisor, (904) 731– to be officially filed in the Bureau of determined that the incidental take 3191, ‘‘Attn: TE69161C–0.’’ Land Management, Idaho State Office, permit for this project would be ‘‘low U.S. mail: Field Supervisor, Boise, Idaho, in 30 days from the date effect’’ and qualify for categorical Jacksonville Ecological Services Field of this publication. exclusion under the National Office, Attn: TE69161C–0, U.S. Fish and Environmental Policy Act (NEPA), as Boise Meridian, Idaho Wildlife Service, 7915 Baymeadows provided by 43 CFR 46.205 and 43 CFR T. 3 N., R. 18 E., Sections 10, 15 and 22, Way, Suite 200, Jacksonville, FL 32256. 46.210. A low-effect HCP is one accepted May 24, 2018 In-person drop-off: You may drop off involving (1) minor or negligible effects T. 8 N., R. 5 W., Section 12, accepted May information during regular business 24, 2018 on federally listed or candidate species hours at the above office address. and their habitats, and (2) minor or ADDRESSES: A copy of the plats may be FOR FURTHER INFORMATION CONTACT: Erin negligible effects on other obtained from the Public Room at the M. Gawera, telephone: (904) 731–3121; environmental values or resources. Bureau of Land Management, Idaho email: [email protected]. State Office, 1387 S. Vinnell Way, Boise, SUPPLEMENTARY INFORMATION: Next Steps Idaho 83709, upon required payment. We will evaluate the HCP and FOR FURTHER INFORMATION CONTACT: Background comments we receive to determine Timothy A. Quincy, 208–373–3981 Section 9 of the Endangered Species whether the ITP application meets the Branch of Cadastral Survey, Bureau of Act (ESA; 16 U.S.C. 1531 et seq.) and requirements of section 10(a) of the Land Management, 1387 South Vinnell

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Way, Boise, Idaho 83709–1657. Persons ACTION: Notice of official filing. T. 23 N, R. 13 E, dependent resurvey and who use a telecommunications device subdivision of sections, accepted for the deaf (TDD) may call the Federal SUMMARY: The plats of survey of lands September 27, 2017. Relay Service (FRS) at 1–800–877–8339 described in this notice are scheduled to T. 12 S, R. 22 E, dependent resurvey, be officially filed in the Bureau of Land subdivision of sections and metes-and- to contact the above individual during bounds survey, accepted December 5, normal business hours. The FRS is Management (BLM), California State Office, Sacramento, California 30 2017. available 24 hours a day, 7 days a week, T. 28 S, R. 42 E, dependent resurvey, survey to leave a message or question with Mr. calendar days from the date of this and metes-and-bounds survey, accepted Quincy. You will receive a reply during publication. The surveys, which were January 19, 2018. normal business hours. executed at the request of U.S. Forest T. 29 S, R. 42 E, dependent resurvey and Service, U.S. Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: A person metes-and-bounds survey, accepted or party who wishes to protest one or Bureau of Reclamation, Department of January 19, 2018. T. 29 S, R. 43 E, dependent resurvey, more plats of survey identified above Defense, Bureau of Indian Affairs and Bureau of Land Management, are accepted January 19, 2018. must file a written notice with the Chief T. 19 S, R. 29 E, dependent resurvey and Cadastral Surveyor for Idaho, Bureau of necessary for the management of these lands. subdivision of section 9, accepted Land Management. The protest must February 21, 2018. identify the plat(s) of survey that the DATES: Unless there are protests to this T. 30 S, R. 44 E, dependent resurvey, survey person or party wishes to protest and action, the plats described in this notice and metes-and-bounds survey, accepted contain all reasons and evidence in will be filed on July 27, 2018. February 26, 2018. support of the protest. The protest must ADDRESSES: You may submit written T. 42 N, R. 16 E, dependent resurvey, be filed before the scheduled date of protests to the BLM California State subdivision and metes-and-bounds survey, accepted March 12, 2018. official filing for the plat(s) of survey Office, Cadastral Survey, 2800 Cottage T. 30 S, R. 42 E, dependent resurvey, being protested. Any protest filed after Way W–1623, Sacramento, CA 95825. A subdivision and metes-and-bounds the scheduled date of official filing will copy of the plats may be obtained from survey, accepted April 30, 2018. be untimely and will not be considered. the BLM, California State Office, 2800 T. 30 S, R. 43 E, dependent resurvey and A protest is considered filed on the date Cottage Way W–1623, Sacramento, metes-and-bounds survey, accepted it is received by the Chief Cadastral California 95825, upon required April 30, 2018. Surveyor for Idaho during regular payment. T. 31 S, R. 43 E, dependent resurvey and subdivision, accepted April 30, 2018. business hours; if received after regular FOR FURTHER INFORMATION CONTACT: Jon business hours, a protest will be T. 19 N, R. 1 W, dependent resurvey, metes- Kehler, Chief, Branch of Cadastral and-bounds survey, meander survey and considered filed the next business day. Survey, Bureau of Land Management, informative traverse, accepted May 14, If a protest against a plat of survey is California State Office, 2800 Cottage 2018. received prior to the scheduled date of Way W–1623, Sacramento, California T. 8 S, R. 33 E, dependent resurvey and official filing, the official filing of the 95825; 1–916–978–4323; jkehler@ subdivision, accepted May 17, 2018. plat of survey identified in the protest blm.gov. Persons who use a San Bernardino Meridian, California will be stayed pending consideration of telecommunications device for the deaf T. 5 N, R. 3 E, metes-and-bounds survey, the protest. A plat of survey will not be may call the Federal Relay Service (FRS) officially filed until the next business accepted December 22, 2017. at 1–800–877–8339 to contact the above T. 5 N, R. 5 E, dependent resurvey and metes- day following dismissal or resolution of individual during normal business and-bounds survey, accepted December all protests of the plat. hours. The Service is available 24 hours 22, 2017. Before including your address, phone a day, 7 days a week, to leave a message T. 3 S, R. 23 E, supplemental plat of the SE number, email address, or other or question with the above individual. 1⁄4 of section 35, accepted April 19, 2018. personal identifying information in a You will receive a reply during normal T. 4 S, R. 23 E, supplemental plat of section 2, accepted April 19, 2018. protest, you should be aware that the business hours. documents you submit, including your T. 4 S, R. 23 E, supplemental plat of section personal identifying information, may SUPPLEMENTARY INFORMATION: The lands 11, accepted April 19, 2018. surveyed are: be made publicly available in their A person or party who wishes to entirety at any time. While you can ask Mount Diablo Meridian, California protest one or more plats of survey must us to withhold your personal identifying T. 34 N, R. 9 W, dependent resurvey and file a written notice of protest within 30 information from public review, we subdivision of section 31, accepted calendar days from the date of this cannot guarantee that we will be able to August 2, 2017. publication at the address listed in the do so. T. 25 S, R. 22 E, dependent resurvey, ADDRESSES section of this notice. Any accepted August 7, 2017. Timothy A. Quincy, notice of protest received after the due T. 26 N, R. 9 E, dependent resurvey, accepted date will be untimely and will not be Chief Cadastral Surveyor for Idaho. August 15, 2017. considered. A written statement of [FR Doc. 2018–13796 Filed 6–26–18; 8:45 am] T. 33 N, R. 10 W, dependent resurvey and metes-and-bounds survey, accepted reasons in support of a protest, if not BILLING CODE 4310–AK–P August 23, 2017. filed with the notice of protest, must be T. 2 N, R. 26 E, metes-and-bounds survey, filed within 30 calendar days after the accepted August 30, 2017. notice of protest is filed. If a protest DEPARTMENT OF THE INTERIOR T. 2 N, R. 17 E, corrective dependent against the survey is received prior to Bureau of Land Management resurvey, dependent resurvey and the date of official filing, the filing will subdivision, accepted August 30, 2017. be stayed pending consideration of the [LLCA942000 L57000000.BX0000 17X T. 8 S, R. 9 E, dependent resurvey, protest. A plat will not be officially filed L5017AR; MO#4500122014] subdivision of section 13 and metes-and- bounds survey, accepted September 6, until the day after all protests have been Filing of Plats of Survey: California 2017. dismissed or otherwise resolved. T. 2 S, R. 26 E, dependent resurvey and Before including your address, phone AGENCY: Bureau of Land Management, subdivision of sections, accepted number, email address, or other Interior. September 25, 2017. personal identifying information in your

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comment, you should be aware that the respondent interested party group rules. The Commission’s rules with your entire comment—including your response was inadequate. The respect to filing were revised effective personal identifying information—may Commission did not find any other July 25, 2014. See 79 FR 35920 (June 25, be made publicly available at any time. circumstances that would warrant 2014), and the revised Commission While you can ask the BLM in your conducting full reviews.1 Accordingly, Handbook on E-filing, available from the comment to withhold your personal the Commission determined that it Commission’s website at https:// identifying information from public would conduct expedited reviews edis.usitc.gov. review, we cannot guarantee that we pursuant to section 751(c)(3) of the In accordance with sections 201.16(c) will be able to do so. Tariff Act of 1930 (19 U.S.C. and 207.3 of the rules, each document 2 Authority: 43 U.S.C., Chapter 3. 1675(c)(3)). filed by a party to the reviews must be For further information concerning served on all other parties to the reviews Jon L. Kehler, the conduct of these reviews and rules (as identified by either the public or BPI Chief Cadastral Surveyor. of general application, consult the service list), and a certificate of service [FR Doc. 2018–13797 Filed 6–26–18; 8:45 am] Commission’s Rules of Practice and must be timely filed. The Secretary will BILLING CODE 4310–40–P Procedure, part 201, subparts A and B not accept a document for filing without (19 CFR part 201), and part 207, a certificate of service. subparts A, D, E, and F (19 CFR part Determination—The Commission has INTERNATIONAL TRADE 207). determined these reviews are Staff report—A staff report containing COMMISSION extraordinarily complicated and information concerning the subject therefore has determined to exercise its [Investigation Nos. 701–TA–489 and 731– matter of the reviews will be placed in authority to extend the review period by TA–1201 (Review)] the nonpublic record on June 29, 2018, up to 90 days pursuant to 19 U.S.C. and made available to persons on the 1675(c)(5)(B). Drawn Stainless Steel Sinks From Administrative Protective Order service Authority: This review is being conducted China; Scheduling of Expedited Five- list for this review. A public version Year Reviews under authority of title VII of the Tariff Act will be issued thereafter, pursuant to of 1930; this notice is published pursuant to AGENCY: United States International section 207.62(d)(4) of the section 207.62 of the Commission’s rules. Trade Commission. Commission’s rules. Written submissions—As provided in By order of the Commission. ACTION: Issued: June 21, 2018. Notice. section 207.62(d) of the Commission’s Katherine Hiner, SUMMARY: rules, interested parties that are parties The Commission hereby gives Supervisory Attorney. notice of the scheduling of expedited to the reviews and that have provided reviews pursuant to the Tariff Act of individually adequate responses to the [FR Doc. 2018–13775 Filed 6–26–18; 8:45 am] 1930 (‘‘the Act’’) to determine whether notice of institution,3 and any party BILLING CODE 7020–02–P revocation of the antidumping duty and other than an interested party to the countervailing duty orders on drawn reviews may file written comments with stainless steel sinks from China would the Secretary on what determination the JOINT BOARD FOR THE be likely to lead to continuation or Commission should reach in the review. ENROLLMENT OF ACTUARIES recurrence of material injury within a Comments are due on or before July 10, Meeting of the Advisory Committee; reasonably foreseeable time. 2018 and may not contain new factual information. Any person that is neither Meeting DATES: June 4, 2018. a party to the five-year reviews nor an FOR FURTHER INFORMATION CONTACT: AGENCY: Joint Board for the Enrollment interested party may submit a brief of Actuaries. Drew Dushkes ((202) 205–3229), Office written statement (which shall not ACTION: Notice of Federal Advisory of Investigations, U.S. International contain any new factual information) Committee meeting. Trade Commission, 500 E Street SW, pertinent to the reviews by July 10, Washington, DC 20436. Hearing- 2018. However, should the Department SUMMARY: The Joint Board for the impaired persons can obtain of Commerce (‘‘Commerce’’) extend the Enrollment of Actuaries gives notice of information on this matter by contacting time limit for its completion of the final a meeting of the Advisory Committee on the Commission’s TDD terminal on 202– results of its review, the deadline for Actuarial Examinations (portions of 205–1810. Persons with mobility comments (which may not contain new which will be open to the public) at the impairments who will need special factual information) on Commerce’s Internal Revenue Service, 1111 assistance in gaining access to the final results is three business days after Constitution Avenue NW, Washington, Commission should contact the Office the issuance of Commerce’s results. If DC, on July 12 and 13, 2018. of the Secretary at 202–205–2000. comments contain business proprietary DATES: Thursday, July 12, 2018, from General information concerning the information (BPI), they must conform Commission may also be obtained by 9:00 a.m. to 5:00 p.m., and Friday, July with the requirements of sections 201.6, 13, 2018, from 8:30 a.m. to 5:00 p.m. accessing its internet server (https:// 207.3, and 207.7 of the Commission’s www.usitc.gov). The public record for ADDRESSES: The meeting will be held at the Internal Revenue Service; 1111 this review may be viewed on the 1 A record of the Commissioners’ votes, the Commission’s electronic docket (EDIS) Commission’s statement on adequacy, and any Constitution Avenue NW, Washington, at https://edis.usitc.gov. individual Commissioner’s statements will be DC 20224. available from the Office of the Secretary and at the SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Ms. Commission’s website. Elizabeth Van Osten, Designated Federal Background—On June 4, 2018, the 2 Commissioner Jason E. Kearns did not Commission determined that the participate. Officer, Advisory Committee on domestic interested party group 3 The Commission has found the response Actuarial Examinations, (703) 414– submitted by Elkay Manufacturing Company to be 2163. response to its notice of institution (83 individually adequate. Comments from other FR 8887, March 1, 2018) of the subject interested parties will not be accepted (see 19 CFR SUPPLEMENTARY INFORMATION: Notice is five-year reviews was adequate and that 207.62(d)(2)). hereby given that the Advisory

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Committee on Actuarial Examinations Dated: June 20, 2018. materials will be made available in will meet at the Internal Revenue Thomas V. Curtin, Jr., alternative formats to accommodate Service; 1111 Constitution Avenue NW, Executive Director, Joint Board for the individuals with disabilities. Washington, DC 20224, on Thursday, Enrollment of Actuaries. Individuals needing other July 12, 2018, from 9:00 a.m. to 5:00 [FR Doc. 2018–13746 Filed 6–26–18; 8:45 am] accommodations due to disability in p.m., and Friday, July 13, 2018, from BILLING CODE 4830–01–P order to attend the meeting in person or 8:30 a.m. to 5:00 p.m. telephonically should contact Katherine The purpose of the meeting is to Ward, at (202) 295–1500 or FR_ _ discuss topics and questions that may LEGAL SERVICES CORPORATION NOTICE [email protected], at least be recommended for inclusion on future 2 business days in advance of the Joint Board examinations in actuarial Sunshine Act Meeting meeting. If a request is made without mathematics and methodology referred advance notice, LSC will make every to in 29 U.S.C. 1242(a)(1)(B) and to DATE AND TIME: The Legal Services effort to accommodate the request but review the May 2018 Pension (EA–2L) Corporation’s Finance Committee will cannot guarantee that all requests can be and Basic (EA–1) Examinations in order meet telephonically on July 12, 2018. fulfilled. to make recommendations relative The meeting will commence at 4:00 Dated: June 25, 2018. thereto, including the minimum p.m., EDT, and will continue until the Katherine Ward, acceptable pass scores. Topics for conclusion of the Committee’s agenda. Executive Assistant to the Vice President for inclusion on the syllabus for the Joint LOCATION: John N. Erlenborn Conference Legal Affairs and General Counsel. Board’s examination program for the Room, Legal Services Corporation [FR Doc. 2018–13920 Filed 6–25–18; 4:15 pm] November 2018 Pension (EA–2F) Headquarters, 3333 K Street NW, BILLING CODE 7050–01–P Examination will be discussed. Washington DC 20007. A determination has been made as PUBLIC OBSERVATION: Members of the required by section 10(d) of the Federal public who are unable to attend in Advisory Committee Act, 5 U.S.C. App., NATIONAL ARCHIVES AND RECORDS person but wish to listen to the public ADMINISTRATION that the portions of the meeting dealing proceedings may do so by following the with the discussion of questions that telephone call-in directions provided Information Security Oversight Office may appear on the Joint Board’s below. examinations and the review of the May [NARA–2018–045] CALL-IN DIRECTIONS FOR OPEN SESSIONS: 2018 EA–2L and EA–1 Examinations • Call toll-free number: 1–866–451– fall within the exceptions to the open National Industrial Security Program 4981; meeting requirement set forth in 5 Policy Advisory Committee (NISPPAC) • When prompted, enter the U.S.C. 552b(c)(9)(B), and that the public following numeric pass code: AGENCY: Information Security Oversight interest requires that such portions be 5907707348; Office (ISOO), National Archives and closed to public participation. • When connected to the call, please Records Administration (NARA). The portion of the meeting dealing immediately ‘‘MUTE’’ your telephone. ACTION: Notice of Advisory Committee with the discussion of the other topics Members of the public are asked to meeting. will commence at 1:00 p.m. on July 12, keep their telephones muted to 2018, and will continue for as long as eliminate background noises. To avoid SUMMARY: In accordance with the necessary to complete the discussion, disrupting the meeting, please refrain Federal Advisory Committee Act and but not beyond 3:00 p.m. Time from placing the call on hold if doing so implementing regulations, NARA permitting, after the close of this will trigger recorded music or other announces a meeting of the National discussion by Committee members, sound. From time to time, the Chair may Industrial Security Program Policy interested persons may make statements solicit comments from the public. Advisory Committee. germane to this subject. Persons wishing STATUS OF MEETING: Open. DATES: The meeting will be on July 19, to make oral statements should notify 2018, from 10:00 a.m. to 12:00 p.m. the Joint Board in writing prior to the 1. Approval of agenda meeting in order to aid in scheduling 2. Discussion regarding ADDRESSES: National Archives and the time available and should submit recommendations for LSC’s Fiscal Records Administration, 700 the written text, or at a minimum, an Year (FY) 2020 budget request Pennsylvania Avenue NW, Archivist’s outline of comments they propose to 3. Public comment regarding FY 2020 Reception Room, Room 105, make orally. Such comments will be budget request Washington, DC 20408. limited to 10 minutes in length. All 4. Consider and act on FY 2020 Budget FOR FURTHER INFORMATION CONTACT: persons planning to attend the public Request Resolution 2018–XXX Robert Tringali, Program Analyst, by session should notify the Joint Board in 5. Additional public comment mail at ISOO, National Archives writing to obtain building entry. 6. Consider and act on other business Building, 700 Pennsylvania Avenue Notifications of intent to make an oral 7. Consider and act on adjournment of NW, Washington, DC 20408, by statement or to attend must be sent meeting. telephone at 202.357.5335, or by email electronically, by no later than July 5, CONTACT PERSON FOR INFORMATION: at [email protected]. Contact 2018, to [email protected]. In addition, Katherine Ward, Executive Assistant to ISOO at [email protected] and the any interested person may file a written the Vice President & General Counsel, at NISPPAC at [email protected]. statement for consideration by the Joint (202) 295–1500. Questions may be sent SUPPLEMENTARY INFORMATION: The Board and the Committee by sending it by electronic mail to FR_NOTICE_ purpose of this meeting is to discuss to: Ms. Elizabeth Van Osten; Joint Board [email protected]. National Industrial Security Program for the Enrollment of Actuaries SE:RPO; ACCESSIBILITY: LSC complies with the policy matters. The meeting will be Internal Revenue Service; 1111 Americans with Disabilities Act and open to the public. However, due to Constitution Avenue NW, Room 1551; Section 504 of the 1973 Rehabilitation space limitations and access procedures, Washington, DC 20224. Act. Upon request, meeting notices and you must submit the name and

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telephone number of individuals • Evaluate the accuracy of the hard copies of each presentation or planning to attend to the Information agency’s estimate of the burden of the handout should be provided to the DFO Security Oversight Office (ISOO) no proposed collection of information, thirty minutes before the meeting. In later than Friday, July 13, 2018. ISOO including the validity of the addition, one electronic copy of each will provide additional instructions for methodology and assumptions used; presentation should be emailed to the accessing the meeting’s location. • Enhance the quality, utility, and DFO one day before the meeting. If an clarity of the information to be electronic copy cannot be provided Patrice Little Murray, collected; and within this timeframe, presenters Alternate Committee Management Officer. • Can help the agency minimize the should provide the DFO with a CD [FR Doc. 2018–13399 Filed 6–26–18; 8:45 am] burden of the collection of information containing each presentation at least BILLING CODE 7515–01–P on those who are to respond, including thirty minutes before the meeting. through the electronic submission of Electronic recordings will be permitted responses. only during those portions of the NATIONAL FOUNDATION ON THE ADDRESSES: Send comments to Sunil meeting that are open to the public. ARTS AND THE HUMANITIES Iyengar, National Endowment for the Detailed procedures for the conduct of and participation in ACRS meetings National Endowment for the Arts Arts, 400 7th Street SW, Washington, DC 20506–0001, Telephone (202) 682– were published in the Federal Register on October 4, 2017 (82 FR 46312). 60-Day Notice for the ‘‘Final 5424 (this is not a toll-free number), Fax Information regarding changes to the Descriptive Reports for Recipients of (202) 682–5677, or send via email to agenda, whether the meeting has been the National Endowment for the Arts [email protected]. canceled or rescheduled, and the time Grant Awards’’ FOR FURTHER INFORMATION CONTACT: Sunil Iyengar, Research & Analysis allotted to present oral statements can AGENCY: National Endowment for the Director, National Endowment for the be obtained by contacting the identified Arts, National Foundation On the Arts Arts, at (202) 682–5424 or research@ DFO. Moreover, in view of the and the Humanities. arts.gov. possibility that the schedule for ACRS ACTION: Notice of proposed collection; meetings may be adjusted by the Dated: June 21, 2018. comment request. Chairman as necessary to facilitate the Jillian LeHew Miller, conduct of the meeting, persons SUMMARY: The National Endowment for Director, Office of Guidelines and Panel planning to attend should check with the Arts (NEA), as part of its continuing Operations, Administrative Services, National the DFO if such rescheduling would effort to reduce paperwork and Endowment for the Arts. result in a major inconvenience. respondent burden, conducts a [FR Doc. 2018–13777 Filed 6–26–18; 8:45 am] If attending this meeting, please enter preclearance consultation program to BILLING CODE 7537–01–P through the One White Flint North provide the general public and federal building, 11555 Rockville Pike, agencies with an opportunity to Rockville, Maryland 20852. After comment on proposed and/or NUCLEAR REGULATORY registering with Security, please contact continuing collections of information in COMMISSION Mr. Theron Brown at 301–415–6702 to accordance with the Paperwork be escorted to the meeting room. Reduction Act of 1995. This program Advisory Committee on Reactor Kent Howard, helps to ensure that requested data is Safeguards (ACRS); Meeting of the provided in the desired format; ACRS Subcommittee on Planning and Acting Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards. reporting burden (time and financial Procedures; Notice of Meeting resources) is minimized; collection [FR Doc. 2018–13778 Filed 6–26–18; 8:45 am] The ACRS Subcommittee on Planning BILLING CODE 7590–01–P instruments are clearly understood; and and Procedures will hold a meeting on the impact of collection requirements on July 10, 2018, 11545 Rockville Pike, respondents is properly assessed. Room T–2B3, Rockville, Maryland NUCLEAR REGULATORY Currently, the National Endowment for 20852. COMMISSION the Arts is soliciting comments The meeting will be open to public concerning the proposed information attendance. [Docket Nos. 52–025 and 52–026; NRC– 2018–0125] collection of Final Descriptive Reports The agenda for the subject meeting for recipients of the National shall be as follows: Southern Nuclear Operating Company, Endowment for the Arts grant awards. A Tuesday, July 10, 2018—12:00 p.m. copy of the information collection Inc.; Vogtle Electric Generating Plant, until 1:00 p.m. Unit Nos. 3 and 4 request can be obtained by contacting The Subcommittee will discuss the office listed below in the address proposed ACRS activities and related AGENCY: Nuclear Regulatory section of this notice. matters. The Subcommittee will gather Commission. DATES: Written comments must be information, analyze relevant issues and ACTION: License amendment request; submitted to the office listed in the facts, and formulate proposed positions notice of opportunity to comment, address section below within 60 days and actions, as appropriate, for request a hearing, and petition for leave from the date of this publication in the deliberation by the Full Committee. to intervene. Federal Register. We are particularly Members of the public desiring to interested in comments that: provide oral statements and/or written SUMMARY: On June 19, 2018, the U.S. • Evaluate whether the proposed comments should notify the Designated Nuclear Regulatory Commission (NRC) collection of information is necessary Federal Official (DFO), Quynh Nguyen published a biweekly notice providing for the proper performance of the (Telephone 301–415–5844 or Email: the public with the opportunity to functions of the agency, including [email protected]) five days prior comment, request a hearing, and whether the information will have to the meeting, if possible, so that petition for leave to intervene. Due to a practical utility; arrangements can be made. Thirty-five publication error, which was corrected

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by the Office of the Federal Register on select ‘‘Begin Web-based ADAMS intervene on this license amendment June 22, 2018, incorrect information Search.’’ For problems with ADAMS, request. about a license amendment request please contact the NRC’s Public Pursuant to Section 189a.(2) of the submitted to the NRC on April 13, 2018, Document Room (PDR) reference staff at Atomic Energy Act of 1954, as amended by Southern Nuclear Operating 1–800–397–4209, 301–415–4737, or by (the Act), the NRC is publishing this Company, Inc., regarding Vogtle Electric email to [email protected]. The notice. The Act requires the Generating Plant, Unit Nos. 3 and 4, was ADAMS accession number for each Commission to publish notice of any published in the biweekly notice. The document referenced (if it is available in amendments issued, or proposed to be NRC is issuing this notice to provide ADAMS) is provided the first time that issued, and grants the Commission the adequate time for members of the public it is mentioned in this document. authority to issue and make to submit comments, request a hearing, • NRC’s PDR: You may examine and immediately effective any amendment and petition for leave to intervene on purchase copies of public documents at to an operating license or combined this license amendment request. the NRC’s PDR, Room O1–F21, One license, as applicable, upon a DATES: Comments must be filed by July White Flint North, 11555 Rockville determination by the Commission that 27, 2018. A request for a hearing must Pike, Rockville, Maryland 20852. such amendment involves no significant be filed by August 27, 2018. hazards consideration, notwithstanding B. Submitting Comments the pendency before the Commission of ADDRESSES: You may submit comments Please include Docket ID NRC–2018– a request for a hearing from any person. by any of the following methods: The Commission has made a • Federal Rulemaking website: Go to 0125, facility name, unit number(s), plant docket number, application date, proposed determination that this http://www.regulations.gov and search amendment request involves no for Docket ID NRC–2018–0125. Address and subject in your comment submission. significant hazards consideration. Under questions about NRC dockets to Jennifer the Commission’s regulations in section The NRC cautions you not to include Borges; telephone: 301–287–9127; 50.92 of title 10 of the Code of Federal identifying or contact information that email: [email protected]. For Regulations (10 CFR), this means that you do not want to be publicly technical questions, contact the operation of the facility in accordance disclosed in your comment submission. individual listed in the FOR FURTHER with the proposed amendment would INFORMATION CONTACT section of this The NRC will post all comment not (1) involve a significant increase in document. submissions at http:// the probability or consequences of an • Mail comments to: May Ma, Office www.regulations.gov as well as enter the accident previously evaluated, or (2) of Administration, Mail Stop: TWFN–7– comment submissions into ADAMS. create the possibility of a new or A60M, U.S. Nuclear Regulatory The NRC does not routinely edit different kind of accident from any Commission, Washington, DC 20555– comment submissions to remove accident previously evaluated; or (3) 0001. identifying or contact information. involve a significant reduction in a For additional direction on obtaining If you are requesting or aggregating margin of safety. The basis for this information and submitting comments, comments from other persons for proposed determination for the see ‘‘Obtaining Information and submission to the NRC, then you should amendment request is shown below. Submitting Comments’’ in the inform those persons not to include The Commission is seeking public SUPPLEMENTARY INFORMATION section of identifying or contact information that comments on this proposed this document. they do not want to be publicly determination. Any comments received FOR FURTHER INFORMATION CONTACT: disclosed in their comment submission. within 30 days after the date of Peter C. Hearn, Office of New Reactors, Your request should state that the NRC publication of this notice will be U.S. Nuclear Regulatory Commission, does not routinely edit comment considered in making any final Washington DC 20555–0001; telephone: submissions to remove such information determination. 301–415–1189, email: Peter.Hearn@ before making the comment Normally, the Commission will not NRC.gov. submissions available to the public or issue the amendment until the entering the comment into ADAMS. expiration of 60 days after the date of SUPPLEMENTARY INFORMATION: publication of this notice. The II. Discussion I. Obtaining Information and Commission may issue the license Submitting Comments On June 19, 2018, the NRC published amendment before expiration of the 60- a biweekly notice providing the public day period provided that its final A. Obtaining Information with the opportunity to comment, determination is that the amendment Please refer to Docket ID NRC–2018– request a hearing, and petition for leave involves no significant hazards 0125, when contacting the NRC about to intervene (83 FR 28456). Due to a consideration. In addition, the the availability of information for this publication error, which was corrected Commission may issue the amendment action. You may obtain publicly- by the Office of the Federal Register in prior to the expiration of the 30-day available information related to this a Federal Register notice published on comment period if circumstances action by any of the following methods: June 22, 2018, incorrect information change during the 30-day comment • Federal Rulemaking website: Go to about a license amendment request period such that failure to act in a http://www.regulations.gov and search submitted to the NRC on April 13, 2018, timely way would result, for example in for Docket ID NRC–2018–0125. by Southern Nuclear Operating derating or shutdown of the facility. If • NRC’s Agencywide Documents Company, Inc., regarding Vogtle Electric the Commission takes action prior to the Access and Management System Generating Plant, Unit Nos. 3 and 4 expiration of either the comment period (ADAMS): You may obtain publicly- (ADAMS Accession No. ML18103A252), or the notice period, it will publish in available documents online in the was published in the biweekly notice. the Federal Register a notice of ADAMS Public Documents collection at The NRC is issuing this notice to issuance. If the Commission makes a http://www.nrc.gov/reading-rm/ provide adequate time for members of final no significant hazards adams.html. To begin the search, select the public to submit comments, request consideration determination, any ‘‘ADAMS Public Documents’’ and then a hearing, and petition for leave to hearing will take place after issuance.

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The Commission expects that the need limited to matters within the scope of The petition must be filed in accordance to take this action will occur very the proceeding. The contention must be with the filing instructions in the infrequently. one which, if proven, would entitle the ‘‘Electronic Submissions (E-Filing)’’ petitioner to relief. A petitioner who section of this document, and should A. Opportunity To Request a Hearing fails to satisfy the requirements at 10 meet the requirements for petitions set and Petition for Leave To Intervene CFR 2.309(f) with respect to at least one forth in this section, except that under Within 60 days after the date of contention will not be permitted to 10 CFR 2.309(h)(2) a State, local publication of this notice, any persons participate as a party. governmental body, or Federally- (petitioner) whose interest may be Those permitted to intervene become recognized Indian Tribe, or agency affected by this action may file a request parties to the proceeding, subject to any thereof does not need to address the for a hearing and petition for leave to limitations in the order granting leave to standing requirements in 10 CFR intervene (petition) with respect to the intervene. Parties have the opportunity 2.309(d) if the facility is located within action. Petitions shall be filed in to participate fully in the conduct of the its boundaries. Alternatively, a State, accordance with the Commission’s hearing with respect to resolution of local governmental body, Federally- ‘‘Agency Rules of Practice and that party’s admitted contentions, recognized Indian Tribe, or agency Procedure’’ in 10 CFR part 2. Interested including the opportunity to present thereof may participate as a non-party persons should consult a current copy evidence, consistent with the NRC’s under 10 CFR 2.315(c). of 10 CFR 2.309. The NRC’s regulations regulations, policies, and procedures. If a hearing is granted, any person are accessible electronically from the Petitions must be filed no later than who is not a party to the proceeding and NRC Library on the NRC’s website at 60 days from the date of publication of is not affiliated with or represented by http://www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for a party may, at the discretion of the collections/cfr/. Alternatively, a copy of leave to file new or amended presiding officer, be permitted to make the regulations is available at the NRC’s contentions that are filed after the a limited appearance pursuant to the Public Document Room, located at One deadline will not be entertained absent provisions of 10 CFR 2.315(a). A person White Flint North, Room O1–F21, 11555 a determination by the presiding officer making a limited appearance may make Rockville Pike (first floor), Rockville, that the filing demonstrates good cause an oral or written statement of his or her Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR position on the issues but may not the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition otherwise participate in the proceeding. will rule on the petition and, if must be filed in accordance with the A limited appearance may be made at appropriate, a notice of a hearing will be filing instructions in the ‘‘Electronic any session of the hearing or at any issued. Submissions (E-Filing)’’ section of this prehearing conference, subject to the As required by 10 CFR 2.309(d), the document. limits and conditions as may be petition should specifically explain the If a hearing is requested, and the imposed by the presiding officer. Details reasons why intervention should be Commission has not made a final regarding the opportunity to make a permitted with particular reference to determination on the issue of no limited appearance will be provided by the following general requirements for significant hazards consideration, the the presiding officer if such sessions are standing: (1) The name, address, and Commission will make a final scheduled. telephone number of the petitioner; (2) determination on the issue of no the nature of the petitioner’s right under significant hazards consideration. The B. Electronic Submissions (E-Filing) the Act to be made a party to the final determination will serve to All documents filed in NRC proceeding; (3) the nature and extent of establish when the hearing is held. If the adjudicatory proceedings, including a the petitioner’s property, financial, or final determination is that the request for hearing and petition for other interest in the proceeding; and (4) amendment request involves no leave to intervene (petition), any motion the possible effect of any decision or significant hazards consideration, the or other document filed in the order which may be entered in the Commission may issue the amendment proceeding prior to the submission of a proceeding on the petitioner’s interest. and make it immediately effective, request for hearing or petition to In accordance with 10 CFR 2.309(f), notwithstanding the request for a intervene, and documents filed by the petition must also set forth the hearing. Any hearing would take place interested governmental entities that specific contentions which the after issuance of the amendment. If the request to participate under 10 CFR petitioner seeks to have litigated in the final determination is that the 2.315(c), must be filed in accordance proceeding. Each contention must amendment request involves a with the NRC’s E-Filing rule (72 FR consist of a specific statement of the significant hazards consideration, then 49139; August 28, 2007, as amended at issue of law or fact to be raised or any hearing held would take place 77 FR 46562; August 3, 2012). The E- controverted. In addition, the petitioner before the issuance of the amendment Filing process requires participants to must provide a brief explanation of the unless the Commission finds an submit and serve all adjudicatory bases for the contention and a concise imminent danger to the health or safety documents over the internet, or in some statement of the alleged facts or expert of the public, in which case it will issue cases to mail copies on electronic opinion which support the contention an appropriate order or rule under 10 storage media. Detailed guidance on and on which the petitioner intends to CFR part 2. making electronic submissions may be rely in proving the contention at the A State, local governmental body, found in the Guidance for Electronic hearing. The petitioner must also Federally-recognized Indian Tribe, or Submissions to the NRC and on the NRC provide references to the specific agency thereof, may submit a petition to website at http://www.nrc.gov/site-help/ sources and documents on which the the Commission to participate as a party e-submittals.html. Participants may not petitioner intends to rely to support its under 10 CFR 2.309(h)(1). The petition submit paper copies of their filings position on the issue. The petition must should state the nature and extent of the unless they seek an exemption in include sufficient information to show petitioner’s interest in the proceeding. accordance with the procedures that a genuine dispute exists with the The petition should be submitted to the described below. applicant or licensee on a material issue Commission no later than 60 days from To comply with the procedural of law or fact. Contentions must be the date of publication of this notice. requirements of E-Filing, at least 10

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days prior to the filing deadline, the submittals.html, by email to limited excerpts that serve the purpose participant should contact the Office of [email protected], or by a toll- of the adjudicatory filings and would the Secretary by email at free call at 1–866–672–7640. The NRC constitute a Fair Use application, [email protected], or by telephone Electronic Filing Help Desk is available participants are requested not to include at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern copyrighted materials in their identification (ID) certificate, which Time, Monday through Friday, submission. allows the participant (or its counsel or excluding government holidays. For further details with respect to this representative) to digitally sign Participants who believe that they license amendment application, see the submissions and access the E-Filing have a good cause for not submitting application for amendment which is system for any proceeding in which it documents electronically must file an available for public inspection in is participating; and (2) advise the exemption request, in accordance with ADAMS and at the NRC’s PDR. For Secretary that the participant will be 10 CFR 2.302(g), with their initial paper additional direction on accessing submitting a petition or other filing stating why there is good cause for information related to this document, adjudicatory document (even in not filing electronically and requesting see the ‘‘Obtaining Information and instances in which the participant, or its authorization to continue to submit Submitting Comments’’ section of this counsel or representative, already holds documents in paper format. Such filings document. an NRC-issued digital ID certificate). must be submitted by: (1) First class Based upon this information, the mail addressed to the Office of the Southern Nuclear Operating Company, Secretary will establish an electronic Secretary of the Commission, U.S. Docket Nos. 52–025 and 52–026, Vogtle docket for the hearing in this proceeding Nuclear Regulatory Commission, Electric Generating Plant, Unit Nos. 3 if the Secretary has not already Washington, DC 20555–0001, Attention: and 4, Burke County, Georgia established an electronic docket. Rulemaking and Adjudications Staff; or Date of amendment request: April 13, Information about applying for a (2) courier, express mail, or expedited 2018. A publicly-available version is in digital ID certificate is available on the delivery service to the Office of the ADAMS under Accession No. NRC’s public website at http:// Secretary, 11555 Rockville Pike, ML18103A252. www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: Description of amendment request: getting-started.html. Once a participant Rulemaking and Adjudications Staff. The amendment request proposes to has obtained a digital ID certificate and Participants filing adjudicatory change Technical Specifications (TSs) a docket has been created, the documents in this manner are Limiting Condition for Operation 3.5.5 participant can then submit responsible for serving the document on to not require the Passive Residual Heat adjudicatory documents. Submissions all other participants. Filing is Removal Heat Exchanger to be operable must be in Portable Document Format considered complete by first-class mail in Mode 5 during vacuum fill (PDF). Additional guidance on PDF as of the time of deposit in the mail, or operations. Additionally, the requested submissions is available on the NRC’s by courier, express mail, or expedited amendment proposes to change public website at http://www.nrc.gov/ delivery service upon depositing the Surveillance Requirement (SR) 3.5.7.1 site-help/electronic-sub-ref-mat.html. A document with the provider of the regarding operability requirements for filing is considered complete at the time service. A presiding officer, having the In-containment Refueling Water the document is submitted through the granted an exemption request from Storage Tank and associated flow paths NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant and proposes to add an additional SR electronic filing must be submitted to or party to use E-Filing if the presiding 3.5.7.2 to address operability the E-Filing system no later than 11:59 officer subsequently determines that the requirements that are not required p.m. Eastern Time on the due date. reason for granting the exemption from during vacuum fill operations. Finally, Upon receipt of a transmission, the E- use of E-Filing no longer exists. the requested amendment proposes Filing system time-stamps the document Documents submitted in adjudicatory conforming changes to the Updated and sends the submitter an email notice proceedings will appear in the NRC’s Final Safety Analysis Report, Appendix confirming receipt of the document. The electronic hearing docket which is 19E, Subsection 2.3.2.4. E-Filing system also distributes an email available to the public at https:// Basis for proposed no significant notice that provides access to the adams.nrc.gov/ehd, unless excluded hazards consideration determination: document to the NRC’s Office of the pursuant to an order of the Commission As required by 10 CFR 50.91(a), the General Counsel and any others who or the presiding officer. If you do not licensee has provided its analysis of the have advised the Office of the Secretary have an NRC-issued digital ID certificate issue of no significant hazards that they wish to participate in the as described above, click cancel when consideration, which is presented proceeding, so that the filer need not the link requests certificates and you below: serve the document on those will be automatically directed to the NRC’s electronic hearing dockets where 1. Does the proposed amendment involve participants separately. Therefore, a significant increase in the probability or applicants and other participants (or you will be able to access any publicly consequences of an accident previously their counsel or representative) must available documents in a particular evaluated? apply for and receive a digital ID hearing docket. Participants are Response: No. certificate before adjudicatory requested not to include personal The proposed changes do not affect the documents are filed so that they can privacy information, such as social operation of any systems or equipment that obtain access to the documents via the security numbers, home addresses, or initiate an analyzed accident or alter any E-Filing system. personal phone numbers in their filings, structures, systems, and components (SSC) A person filing electronically using unless an NRC regulation or other law accident initiator or initiating sequence of the NRC’s adjudicatory E-Filing system requires submission of such events. The proposed changes do not affect the may seek assistance by contacting the information. For example, in some physical design and operation of the Passive NRC’s Electronic Filing Help Desk instances, individuals provide home Residual Heat Removal Heat Exchanger through the ‘‘Contact Us’’ link located addresses in order to demonstrate (PRHR HX) or In-containment Refueling on the NRC’s public website at http:// proximity to a facility or site. With Water Storage Tank (IRWST) as described in www.nrc.gov/site-help/e- respect to copyrighted works, except for the Updated Final Safety Analysis Report

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(UFSAR). The proposed changes do not affect review, it appears that the three individual listed in the FOR FURTHER the probability of inadvertent operation or standards of 10 CFR 50.92(c) are INFORMATION CONTACT section of this failure. Therefore, the probabilities of the satisfied. Therefore, the NRC staff document. accidents previously evaluated in the UFSAR proposes to determine that the • Mail comments to: May Ma, Office are not affected. The proposed changes do not affect the amendment request involves no of Administration, Mail Stop: TWFN–7– ability of the PRHR HX and IRWST to significant hazards consideration. A60, U.S. Nuclear Regulatory perform their design functions. The designs Attorney for licensee: M. Stanford Commission, Washington, DC 20555– of the PRHR HX and IRWST continue to meet Blanton, Balch & Bingham LLP, 1710 0001. the same regulatory acceptance criteria, Sixth Avenue North, Birmingham, AL For additional direction on obtaining codes, and standards as required by the 35203–2015. information and submitting comments, UFSAR. In addition, the proposed changes NRC Branch Chief: Jennifer L. Dixon- see ‘‘Obtaining Information and maintain the capabilities of the PRHR HX Herrity. Submitting Comments’’ in the and IRWST to mitigate the consequences of SUPPLEMENTARY INFORMATION section of an accident and to meet the applicable Dated at Rockville, Maryland, this 21st day regulatory acceptance criteria. of June, 2018. this document. The proposed changes do not affect the For the Nuclear Regulatory Commission. FOR FURTHER INFORMATION CONTACT: Paul prevention and mitigation of other abnormal Jennifer L. Dixon-Herrity, B. Kallan, Office of New Reactors, U.S. events (e.g., anticipated operational Nuclear Regulatory Commission, occurrences, earthquakes, floods and turbine Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors. Washington, DC 20555–000; telephone: missiles), or their safety or design analyses. 301–415–2809; email: Paul.Kallan@ [FR Doc. 2018–13736 Filed 6–26–18; 8:45 am] Therefore, the consequences of the accidents nrc.gov. evaluated in the UFSAR are not affected. BILLING CODE 7590–01–P Therefore, the proposed amendment does SUPPLEMENTARY INFORMATION: not involve a significant increase in the I. Obtaining Information and probability or consequences of an accident NUCLEAR REGULATORY Submitting Comments previously evaluated. COMMISSION 2. Does the proposed amendment create A. Obtaining Information the possibility of a new or different kind of [Docket Nos. 052–00025 and 052–00026; accident from any accident previously NRC–2008–0252] Please refer to Docket ID NRC–2008– evaluated? 0252 when contacting the NRC about Response: No. Southern Nuclear Operating Company, the availability of information for this The proposed changes do not affect the Inc.; Vogtle Electric Generating Plant, action. You may obtain publicly- operation of any systems or equipment that Units 3 and 4; Changes to available information related to this may initiate a new or different kind of Construction Fitness-for-Duty action by any of the following methods: accident, or alter any SSC such that a new Commitments • accident initiator or initiating sequence of Federal Rulemaking website: Go to http://www.regulations.gov and search events is created. AGENCY: Nuclear Regulatory for Docket ID NRC–2008–0252. The proposed changes do not affect any Commission. other SSC design functions or methods of • NRC’s Agencywide Documents operation in a manner that results in a new ACTION: License amendment application; Access and Management System failure mode, malfunction, or sequence of opportunity to comment, request a (ADAMS): You may obtain publicly- events that affect safety-related or nonsafety hearing, and petition for leave to available documents online in the related equipment. Therefore, this activity intervene. ADAMS Public Documents collection at does not allow for a new fission product release path, result in a new fission product SUMMARY: The U.S. Nuclear Regulatory http://www.nrc.gov/reading-rm/ barrier failure mode, or create a new Commission (NRC) is considering adams.html. To begin the search, select sequence of events that result in significant issuance of an amendment to Combined ‘‘ADAMS Public Documents’’ and then fuel cladding failures. Licenses (NPF–91 and NPF–92), issued select ‘‘Begin Web-based ADAMS Therefore, the requested amendment does to Southern Nuclear Operating Search.’’ For problems with ADAMS, not create the possibility of a new or different Company, Inc. (SNC), and Georgia please contact the NRC’s Public type of accident from any accident Document Room (PDR) reference staff at previously evaluated. Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC, 1–800–397–4209, 301–415–4737, or by 3. Does the proposed amendment involve email to [email protected]. The a significant reduction in a margin of safety? MEAG Power SPVJ, LLC, MEAG Power Response: No. SPVP, LLC, Authority of Georgia, and application for amendment, dated June The proposed changes maintain existing the City of Dalton, Georgia (together 15, 2018, is available in ADAMS under safety margins. The proposed changes verify ‘‘the licensees’’), for construction and Accession No. ML18166A347. • NRC’s PDR: You may examine and and maintain the capabilities of the PRHR operation of the Vogtle Electric HX and IRWST to perform their design purchase copies of public documents at Generating Plant (VEGP), Units 3 and 4, functions. Therefore, the proposed changes the NRC’s PDR, Room O1–F21, One located in Burke County, Georgia. satisfy the same design functions in White Flint North, 11555 Rockville accordance with the same codes and DATES: Submit must be filed by July 27, Pike, Rockville, Maryland 20852. standards as stated in the UFSAR. These 2018. Requests for a hearing or petition changes do not affect any design code, for leave to intervene must be filed by B. Submitting Comments function, design analysis, safety analysis August 27, 2018. input or result, or design/safety margin. Please include Docket ID NRC–2008– No safety analysis or design basis ADDRESSES: You may submit comments 0252 in your comment submission. acceptance limit/criterion is challenged or by any of the following methods: The NRC cautions you not to include exceeded by the proposed changes, and no • Federal Rulemaking website: Go to identifying or contact information that margin of safety is reduced. http://www.regulations.gov and search you do not want to be publicly Therefore, the requested amendment does for Docket ID NRC–2008–0252. Address disclosed in your comment submission. not involve a significant reduction in a questions about NRC dockets to Jennifer The NRC posts all comment margin of safety. Borges; telephone: 301–287–9127; submissions at http:// The NRC staff has reviewed the email: [email protected]. For www.regulations.gov as well as entering licensee’s analysis and, based on this technical questions, contact the the comment submissions into ADAMS.

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The NRC does not routinely edit Response: No. construction worker FFD program do not comment submissions to remove The proposed changes to the Vogtle alter any safety-related equipment, applicable identifying or contact information. Electric Generating Plant (VEGP) 3 and 4 design codes, code compliance, design If you are requesting or aggregating Updated Final Safety Analysis Report function, or safety analysis. Consequently, no comments from other persons for (UFSAR) commitment related to the safety analysis or design basis acceptance construction worker Fitness-for-Duty (FFD) limit/criterion is challenged or exceeded by submission to the NRC, then you should program do not affect the design of a system, the proposed changes, thus the margin of inform those persons not to include structure, or component (SSC) used to meet safety is not reduced. identifying or contact information that the design bases of the nuclear plant. Nor do Therefore, the proposed amendment does they do not want to be publicly the changes affect the construction or not involve a significant reduction in a disclosed in their comment submission. operation of the nuclear plant itself, so there margin of safety. Your request should state that the NRC is no change to the probability or The NRC staff has reviewed the does not routinely edit comment consequences of an accident previously licensee’s analysis and, based on this submissions to remove such information evaluated. Changing the VEGP 3 and 4 FFD program commitments do not affect review, it appears that the three before making the comment prevention and mitigation of abnormal events standards of 10 CFR 50.92(c) are submissions available to the public or (e.g., accidents, anticipated operational satisfied. Therefore, the NRC staff entering the comment submissions into occurrences, earthquakes, floods, or turbine proposes to determine that the license ADAMS. missiles) or their safety or design analyses. No safety-related SSC or function is amendment request involves no II. Introduction adversely affected. The changes neither significant hazards consideration. The NRC is considering issuance of an involve nor interface with any SSC accident The NRC is seeking public comments amendment to Combined License Nos. initiator or initiating sequence of events, so on this proposed determination that the NPF–91 and NPF–92, issued to SNC and the probabilities of the accidents evaluated in license amendment request involves no the UFSAR are not affected. Because the Georgia Power Company for operation significant hazards consideration. Any changes do not involve any safety-related comments received within 30 days after of the VEGP, Units 3 and 4, located in SSC or function used to mitigate an accident, Burke County, Georgia. the consequences of the accidents evaluated the date of publication of this notice The proposed changes would revise in the UFSAR are not affected. will be considered in making any final commitments related to the construction Therefore, the proposed amendment does determination. fitness-for-duty (FFD) program not involve a significant increase in the Normally, the Commission will not described in the VEGP, Units 3 and 4 probability or consequences of an accident issue the amendment until the Updated Final Safety Analysis Report previously evaluated. expiration of 60 days after the date of 2. Does the proposed amendment create publication of this notice. The (UFSAR). Specifically, the change the possibility of a new or different kind of would involve the creation of a new accident from any accident previously Commission may issue the license type of FFD Authorization that would evaluated? amendment before expiration of the 60- allow construction workers temporary The proposed changes to the VEGP 3 and day notice period if the Commission access to the construction site pending 4 UFSAR commitment related to the concludes the amendment involves no completion of all pre-access FFD construction worker FFD program do not significant hazards consideration. In requirements. The individual will not affect the operation of any systems or addition, the Commission may issue the be given assignments to work on safety equipment that may initiate a new or amendment prior to the expiration of different kind of accident or alter any SSC the 30-day comment period should or security-related structures, systems, such that a new accident initiator or and components prior to the completion initiating sequence of events is created. The circumstances change during the 30-day of the FFD requirements. changes do not affect the design of an SSC comment period such that failure to act Before any issuance of the proposed used to meet the design bases of the nuclear in a timely way would result, for license amendment, the NRC will need plant. Nor do the changes affect the example, in derating or shutdown of the to make the findings required by the construction or operation of the nuclear facility. Should the Commission take Atomic Energy Act of 1954, as amended plant. Consequently, there is no new or action prior to the expiration of either (the Act), and NRC’s regulations. different kind of accident from any accident the comment period or the notice The NRC has made a proposed previously evaluated. The changes do not period, the Commission will publish a determination that the license affect safety-related equipment, nor do they notice of issuance in the Federal affect equipment that, if it failed, could amendment request involves no initiate an accident or a failure of a fission Register. Should the Commission make significant hazards consideration. Under product barrier. In addition, the changes do a final no significant hazards the NRC’s regulations in 10 CFR 50.92, not result in a new failure mode, consideration determination, any this means that operation of the facility malfunction, or sequence of events that could hearing will take place after issuance. in accordance with the proposed affect safety or safety-related equipment. The Commission expects that the need amendment would not (1) involve a No analysis is adversely affected. No to take this action will occur very significant increase in the probability or system or design function or equipment infrequently. consequences of an accident previously qualification is adversely affected by the changes. This activity will not allow for a III. Opportunity To Request a Hearing evaluated; or (2) create the possibility of new fission product release path, nor will it and Petition for Leave To Intervene a new or different kind of accident from result in a new fission product barrier failure any accident previously evaluated; or mode, nor create a new sequence of events Within 60 days after the date of (3) involve a significant reduction in a that would result in significant fuel cladding publication of this notice, any persons margin of safety. As required by 10 CFR failures. (petitioner) whose interest may be 50.91(a), the licensee has provided its Therefore, the proposed amendment does affected by this action may file a request analysis of the issue of no significant not create the possibility of a new or different for a hearing and a petition to intervene hazards consideration, which is kind of accident from any accident (petition) with respect to the action. previously evaluated. Petitions shall be filed in accordance presented below: 3. Does the proposed amendment involve 1. Does the proposed amendment involve a significant reduction in a margin of safety? with the Commission’s ‘‘Agency Rules a significant increase in the probability or Response: No. of Practice and Procedure’’ in 10 CFR consequences of an accident previously The proposed changes to the VEGP 3 and part 2. Interested persons should evaluated? 4 UFSAR commitment related to the consult a current copy of 10 CFR 2.309,

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which is available at the NRC’s PDR, not be permitted to participate as a 2.309(d) if the facility is located within located at One White Flint North, Room party. its boundaries. A State, local O1–F21, 11555 Rockville Pike (first Those permitted to intervene become governmental body, Federally- floor), Rockville, Maryland 20852. The parties to the proceeding, subject to any recognized Indian Tribe, or agency NRC’s regulations are accessible limitations in the order granting leave to thereof may also have the opportunity to electronically from the NRC Library on intervene, and have the opportunity to participate under 10 CFR 2.315(c). the NRC’s website at http:// participate fully in the conduct of the If a hearing is granted, any person www.nrc.gov/reading-rm/doc- hearing with respect to resolution of who does not wish, or is not qualified, collections/cfr/. If a petition is filed that person’s admitted contentions to become a party to the proceeding within 60 days, the Commission or a consistent with the NRC’s regulations, may, in the discretion of the presiding presiding officer designated by the policies, and procedures. officer, be permitted to make a limited Commission or by the Chief Petitions for leave to intervene must appearance pursuant to the provisions Administrative Judge of the Atomic be filed no later than 60 days from the of 10 CFR 2.315(a). A person making a Safety and Licensing Board Panel, will date of publication of this notice. limited appearance may make an oral or rule on the petition; and the Secretary Requests for hearing, petitions for leave written statement of position on the or the Chief Administrative Judge of the to intervene, and motions for leave to issues, but may not otherwise Atomic Safety and Licensing Board file new or amended contentions that participate in the proceeding. A limited Panel will issue a notice of a hearing or are filed after the 60-day deadline will appearance may be made at any session an appropriate order. not be entertained absent a of the hearing or at any prehearing As required by 10 CFR 2.309, a determination by the presiding officer conference, subject to the limits and petition shall set forth with particularity that the filing demonstrates good cause conditions as may be imposed by the the interest of the petitioner in the by satisfying the three factors in 10 CFR presiding officer. Details regarding the proceeding, and how that interest may 2.309(c)(1)(i) through (iii). opportunity to make a limited be affected by the results of the If a hearing is requested, and the appearance will be provided by the proceeding. The petition should Commission has not made a final presiding officer if such sessions are specifically explain the reasons why determination on the issue of no scheduled. intervention should be permitted with significant hazards consideration, the IV. Electronic Submissions (E-Filing) particular reference to the following Commission will make a final general requirements: (1) The name, determination on the issue of no All documents filed in NRC address, and telephone number of the significant hazards consideration. The adjudicatory proceedings, including a petitioner; (2) the nature of the final determination will serve to decide request for hearing, a petition for leave petitioner’s right under the Act to be when the hearing is held. If the final to intervene, any motion or other made a party to the proceeding; (3) the determination is that the amendment document filed in the proceeding prior nature and extent of the petitioner’s request involves no significant hazards to the submission of a request for property, financial, or other interest in consideration, the Commission may hearing or petition to intervene the proceeding; and (4) the possible issue the amendment and make it (hereinafter ‘‘petition’’), and documents effect of any decision or order which immediately effective, notwithstanding filed by interested governmental entities may be entered in the proceeding on the the request for a hearing. Any hearing participating under 10 CFR 2.315(c), petitioner’s interest. The petition must held would take place after issuance of must be filed in accordance with the also set forth the specific contentions the amendment. If the final NRC’s E-Filing rule (72 FR 49139; which the petitioner seeks to have determination is that the amendment August 28, 2007, as amended at 77 FR litigated at the proceeding. request involves a significant hazards 46562, August 3, 2012). The E-Filing Each contention must consist of a consideration, then any hearing held process requires participants to submit specific statement of the issue of law or would take place before the issuance of and serve all adjudicatory documents fact to be raised or controverted. In any amendment unless the Commission over the internet, or in some cases to addition, the petitioner shall provide a finds an imminent danger to the health mail copies on electronic storage media. brief explanation of the bases for the or safety of the public, in which case it Participants may not submit paper contention and a concise statement of will issue an appropriate order or rule copies of their filings unless they seek the alleged facts or expert opinion under 10 CFR part 2. an exemption in accordance with the which support the contention and on A State, local governmental body, procedures described below. which the petitioner intends to rely in Federally-recognized Indian Tribe, or To comply with the procedural proving the contention at the hearing. agency thereof, may submit a petition to requirements of E-Filing, at least 10 The petitioner must also provide the Commission to participate as a party days prior to the filing deadline, the references to those specific sources and under 10 CFR 2.309(h)(1). participant should contact the Office of documents of which the petitioner is The petition should state the nature the Secretary by email at aware and on which the petitioner and extent of the petitioner’s interest in [email protected], or by telephone intends to rely to establish those facts or the proceeding. The petition should be at 301–415–1677, to request (1) a digital expert opinion to support its position on submitted to the Commission by August identification (ID) certificate, which the issue. The petition must include 27, 2018. The petition must be filed in allows the participant (or its counsel or sufficient information to show that a accordance with the filing instructions representative) to digitally sign genuine dispute exists with the in the ‘‘Electronic Submissions (E- documents and access the E-Submittal applicant on a material issue of law or Filing)’’ section of this document, and server for any proceeding in which it is fact. Contentions shall be limited to should meet the requirements for participating; and (2) advise the matters within the scope of the petitions set forth in this section, except Secretary that the participant will be proceeding. The contention must be one that under 10 CFR 2.309(h)(2) a State, submitting a petition (even in instances which, if proven, would entitle the local governmental body, or Federally- in which the participant, or its counsel petitioner to relief. A petitioner who recognized Indian Tribe, or agency or representative, already holds an NRC- fails to satisfy these requirements with thereof does not need to address the issued digital ID certificate). Based upon respect to at least one contention will standing requirements in 10 CFR this information, the Secretary will

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establish an electronic docket for the Time, Monday through Friday, Sixth Avenue North, Birmingham, AL hearing in this proceeding if the excluding government holidays. 35203–2015. Secretary has not already established an Participants who believe that they NRC Branch Chief: Jennifer Dixon- electronic docket. have a good cause for not submitting Herrity. Information about applying for a documents electronically must file an Dated at Rockville, Maryland, this 21st day digital ID certificate is available on the exemption request, in accordance with of June, 2018. NRC’s public website at http:// 10 CFR 2.302(g), with their initial paper For the Nuclear Regulatory Commission. www.nrc.gov/site-help/e-submittals/ filing stating why there is good cause for Jennifer L. Dixon-Herrity, getting-started.html. System not filing electronically and requesting Chief, Licensing Branch 4, Division of requirements for accessing the E- authorization to continue to submit Licensing, Siting, and Environmental Submittal server are available on the documents in paper format. Such filings Analysis, Office of New Reactors. NRC’s public website at http:// must be submitted by: (1) First class [FR Doc. 2018–13757 Filed 6–26–18; 8:45 am] www.nrc.gov/site-help/e-submittals/ mail addressed to the Office of the BILLING CODE 7590–01–P adjudicatory-sub.html. Participants may Secretary of the Commission, U.S. attempt to use other software not listed Nuclear Regulatory Commission, on the website, but should note that the Washington, DC 20555–0001, Attention: POSTAL REGULATORY COMMISSION NRC’s E-Filing system does not support Rulemaking and Adjudications Staff; or unlisted software, and the NRC (2) courier, express mail, or expedited [Docket Nos. MC2018–184 and CP2018–258; Electronic Filing Help Desk will not be delivery service to the Office of the MC2018–185 and CP2018–259] able to offer assistance in using unlisted Secretary, 11555 Rockville Pike, software. Rockville, Maryland 20852, Attention: New Postal Products Once a participant has obtained a Rulemaking and Adjudications Staff. AGENCY: Postal Regulatory Commission. digital ID certificate and a docket has Participants filing a document in this ACTION: Notice. been created, the participant can then manner are responsible for serving the submit a petition. Submissions should document on all other participants. SUMMARY: The Commission is noticing a be in Portable Document Format (PDF). Filing is considered complete by first- recent Postal Service filing for the Additional guidance on PDF class mail as of the time of deposit in Commission’s consideration concerning submissions is available on the NRC’s the mail, or by courier, express mail, or negotiated service agreements. This public website at http://www.nrc.gov/ expedited delivery service upon notice informs the public of the filing, site-help/electronic-sub-ref-mat.html. A depositing the document with the invites public comment, and takes other filing is considered complete at the time provider of the service. A presiding administrative steps. officer, having granted an exemption the documents are submitted through DATES: Comments are due: June 29, request from using E-Filing, may require the NRC’s E-Filing system. To be timely, 2018. an electronic filing must be submitted to a participant or party to use E-Filing if the E-Filing system no later than 11:59 the presiding officer subsequently ADDRESSES: Submit comments p.m. Eastern Time on the due date. determines that the reason for granting electronically via the Commission’s Upon receipt of a transmission, the E- the exemption from use of E-Filing no Filing Online system at http:// Filing system time-stamps the document longer exists. www.prc.gov. Those who cannot submit and sends the submitter an email notice Documents submitted in adjudicatory comments electronically should contact confirming receipt of the document. The proceedings will appear in the NRC’s the person identified in the FOR FURTHER E-Filing system also distributes an email electronic hearing docket which is INFORMATION CONTACT section by notice that provides access to the available to the public at http:// telephone for advice on filing document to the NRC’s Office of the ehd1.nrc.gov/ehd/, unless excluded alternatives. General Counsel and any others who pursuant to an order of the Commission, FOR FURTHER INFORMATION CONTACT: have advised the Office of the Secretary or the presiding officer. Participants are David A. Trissell, General Counsel, at that they wish to participate in the requested not to include personal 202–789–6820. proceeding, so that the filer need not privacy information, such as social SUPPLEMENTARY INFORMATION: serve the documents on those security numbers, home addresses, or participants separately. Therefore, home phone numbers in their filings, Table of Contents applicants and other participants (or unless an NRC regulation or other law I. Introduction their counsel or representative) must requires submission of such II. Docketed Proceeding(s) apply for and receive a digital ID information. However, in some certificate before a hearing petition to instances, a request to intervene will I. Introduction intervene is filed so that they can obtain require including information on local The Commission gives notice that the access to the document via the E-Filing residence in order to demonstrate a Postal Service has filed request(s) for the system. proximity assertion of interest in the Commission to consider matters related A person filing electronically using proceeding. With respect to copyrighted to negotiated service agreement(s). The the NRC’s adjudicatory E-Filing system works, except for limited excerpts that requests(s) may propose the addition or may seek assistance by contacting the serve the purpose of the adjudicatory removal of a negotiated service NRC Electronic Filing Help Desk filings and would constitute a Fair Use agreement from the market dominant or through the ‘‘Contact Us’’ link located application, participants are requested the competitive product list, or the on the NRC’s public website at http:// not to include copyrighted materials in modification of an existing product www.nrc.gov/site-help/e- their submission. currently appearing on the market submittals.html, by email to For further details with respect to this dominant or the competitive product [email protected], or by a toll- action, see the application for license list. free call at 1–866–672–7640. The NRC amendment dated June 15, 2018. Section II identifies the docket Electronic Filing Help Desk is available Attorney for licensee: Mr. M. Stanford number(s) associated with each Postal between 9 a.m. and 7 p.m., Eastern Blanton, Balch & Bingham LLP, 1710 Service request, the title of each Postal

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Service request, the request’s acceptance SECURITIES AND EXCHANGE maintain a record of all electronic date, and the authority cited by the COMMISSION written communications between Postal Service for each request. For each associated persons (‘‘APs’’) and [Release No. 34–83490; File No. SR–NFA– customers or potential customers, request, the Commission appoints an 2018–02] officer of the Commission to represent including but not limited to, email, text the interests of the general public in the Self-Regulatory Organizations; messages, instant messages, and any proceeding, pursuant to 39 U.S.C. 505 National Futures Association; Notice other communication that occurs in a (Public Representative). Section II also of Filing and Immediate Effectiveness chat room or on any social media establishes comment deadline(s) of Proposed Change to the Interpretive platform. The proposed rule change also pertaining to each request. Notice to NFA Compliance Rule 2–9: requires all Member firms subject to the Enhanced Supervisory Requirements: Requirements of the Interpretive Notice The public portions of the Postal to prepare a catalog of electronic written Service’s request(s) can be accessed via Requiring NFA Members To Maintain a Record of All Electronic Written communications and for APs to the Commission’s website (http:// Communications maintain a log of those written www.prc.gov). Non-public portions of electronic communications. The text of the Postal Service’s request(s), if any, June 21, 2018. the proposed rule change to the can be accessed through compliance Pursuant to Section 19(b)(7) of the Interpretive Notice is found in Exhibit 4. with the requirements of 39 CFR Securities Exchange Act of 1934 II. Self-Regulatory Organization’s 3007.40. 1 (‘‘Exchange Act’’), and Rule 19b–7 Statement of the Purpose of, and 2 The Commission invites comments on under the Exchange Act, notice is Statutory Basis for the Proposed Rule whether the Postal Service’s request(s) hereby given that on June 12, 2018, Change in the captioned docket(s) are consistent National Futures Association (‘‘NFA’’) filed with the Securities and Exchange In its filing with the Commission, with the policies of title 39. For NFA included statements concerning request(s) that the Postal Service states Commission (‘‘SEC’’ or ‘‘Commission’’) the proposed rule change described in the purpose of and basis for the concern market dominant product(s), proposed rule change and discussed any applicable statutory and regulatory Items I, II, and III below, which Items have been prepared by NFA. The comments it received on the proposed requirements include 39 U.S.C. 3622, 39 rule change. The text of these statements U.S.C. 3642, 39 CFR part 3010, and 39 Commission is publishing this notice to solicit comments on the proposed rule may be examined at the places specified CFR part 3020, subpart B. For request(s) change from interested persons. in Item IV below. NFA has prepared that the Postal Service states concern On November 27, 2017, NFA filed this summaries, set forth in sections A, B, competitive product(s), applicable proposed rule change with the and C below, of the most significant statutory and regulatory requirements Commodity Futures Trading aspects of such statements. include 39 U.S.C. 3632, 39 U.S.C. 3633, Commission (‘‘CFTC’’) and requested A. Self-Regulatory Organization’s 39 U.S.C. 3642, 39 CFR part 3015, and that the CFTC make a determination Statement of the Purpose of, and 39 CFR part 3020, subpart B. Comment that review of the proposed rule change Statutory Basis for the Proposed Rule deadline(s) for each request appear in of NFA is not necessary. By letter dated Change section II. December 11, 2017, the CFTC notified 1. Purpose II. Docketed Proceeding(s) NFA of its determination not to review the proposed rule change.3 Section 15A(k) of the Exchange Act 4 1. Docket No(s).: MC2018–184 and The text of the proposed rule change makes NFA a national securities CP2018–258; Filing Title: USPS Request is available at the self-regulatory association for the limited purpose of to Add Priority Mail Contract 451 to organization’s office, on the NFA’s regulating the activities of NFA Competitive Product List and Notice of website at www.nfa.futures.org, and at Members who are registered as brokers Filing Materials Under Seal; Filing the SEC’s Public Reference Room. or dealers in security futures products Acceptance Date: June 21, 2018; Filing under Section 15(b)(11) of the Exchange I. Self-Regulatory Organization’s 5 Authority: 39 U.S.C. 3642 and 39 CFR Act. NFA’s Interpretive Notice applies Description and Text of the Proposed to all NFA Members who meet the 3020.30 et seq.; Public Representative: Rule Change criteria in the Interpretive Notice, Lawrence Fenster; Comments Due: June including those that are registered as 29, 2018. NFA’s Interpretive Notice to NFA Compliance Rule 2–9 entitled ‘‘NFA security futures brokers or dealers under 2. Docket No(s).: MC2018–185 and Compliance Rule 2–9: Enhanced Section 15(b)(11) of the Exchange Act. CP2018–259; Filing Title: USPS Request Supervisory Requirements’’ NFA’s Interpretive Notice to to Add Priority Mail Contract 452 to (‘‘Interpretive Notice’’) requires NFA Compliance Rule 2–9(b) authorizes Competitive Product List and Notice of Member (‘‘Member’’) firms that meet NFA’s Board to require Members to Filing Materials Under Seal; Filing certain criteria identified by NFA’s adopt certain enhanced supervisory Acceptance Date: June 21, 2018; Filing Board of Directors (‘‘Board’’) to comply requirements based upon the regulatory Authority: 39 U.S.C. 3642 and 39 CFR with specific enhanced supervisory background of either its APs or 3020.30 et seq.; Public Representative: requirements (‘‘Requirements’’) that are principals. The Interpretive Notice is Lawrence Fenster; Comments Due: June designed to prevent abusive sales designed to, among other things, 29, 2018. practices. NFA’s Board is amending the minimize the likelihood of a Member engaging in deceptive sales practices. This notice will be published in the Interpretive Notice to require all Members subject to the Requirements to One of the more important Federal Register. Requirements with respect to Stacy L. Ruble, 1 15 U.S.C. 78s(b)(7). minimizing sales practice problems is 2 the requirement that firms make audio Secretary. 17 CFR 240.19b–7. 3 See letter from Matthew Kulkin, Director CFTC, [FR Doc. 2018–13819 Filed 6–26–18; 8:45 am] to Carol A. Wooding, General Counsel, NFA 4 15 U.S.C. 78o–3(k). BILLING CODE 7710–FW–P (‘‘Letter’’). 5 15 U.S.C. 78o(b)(11).

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recordings of all telephone 02, Exchange Act Release No. 34–58709 maintain records of electronic written conversations between APs and (Oct. 1, 2008), 73 FR 59011 (Oct. 8, communications may reduce the customers. At the time this Interpretive 2008); SR–NFA–2010–04, Exchange Act likelihood of deceptive sales practices. Notice was adopted, telephone Release No. 34–63602 (Dec. 22, 2010), Therefore, this burden is necessary and communications were the most common 76 FR 202 (Jan. 3, 2011); and SR–NFA– appropriate to help minimize deceptive method that APs used to solicit 2014–05, Exchange Act Release No. 34– sales solicitations. customers. However, since that time, 72514 (July 2, 2014), 79 FR 39046 (July Additionally, the other portion of the other electronic written 9, 2014). proposed rule change—the cataloging communications, such as text or instant 2. Statutory Basis and AP log requirement for electronic messages, have become one of the written communication—poses minimal The proposed rule change is primary methods of communication burden on impacted firms because it authorized by, and consistent with, between APs and customers. NFA’s merely parallels the current cataloging Section 15A(k)(2)(B) of the Exchange Interpretive Notice, however, does not and AP log requirement for telephone Act.6 That Section requires NFA to have specifically require a Member firm sales solicitations. This minimal burden rules that are designed to prevent subject to the Requirements to maintain is necessary and appropriate to a record of electronic written fraudulent and manipulative acts and practices, to promote just and equitable minimize the likelihood of abusive sales communications, prepare a catalog of practices. electronic written communications, or principles of trade, and, in general, to require its APs to maintain a log of those protect investors and the public interest, C. Self-Regulatory Organization’s communications. NFA relies on the including rules governing sales Statement on Comments on the catalog of communications and the AP practices and advertising of security Proposed Rule Change Received From sales solicitation logs when examining a futures products. The proposed rule Members, Participants, or Others Member for compliance with the change accomplishes this by imposing Requirements. enhanced supervisory requirements on NFA worked with Member Given the popularity of electronic Member firms that meet certain criteria Committees in developing the proposed written communications, NFA’s Board that NFA’s Board has determined rule change. NFA did not, however, is amending the Interpretive Notice to indicates a greater potential for sales publish the proposed rule change to the explicitly state that all Members subject practice fraud to occur. membership for comment. NFA did not to the Requirements are required to receive comment letters concerning the B. Self-Regulatory Organization’s maintain a record of all electronic rule change. Statement on Burden on Competition written communications, including but III. Date of Effectiveness of the not limited to, emails, text messages, At first glance, the proposed rule Proposed Rule Change and Timing for instant messages, and any other change appears to impose additional Commission Action communication that occurs in a chat burdens on NFA Members subject to the room or on any social media platform. Requirements. In practice, however, On December 11, 2017, the CFTC NFA’s Board is also amending the CFTC Regulation 1.35 7 requires Futures notified NFA of its determination not to Interpretive Notice to require Member Commission Merchants (‘‘FCMs’’), review the proposed rule change.8 The firms subject to the Requirements to Retail Foreign Exchange Dealers proposed rule change became effective prepare a catalog of electronic written (‘‘RFEDs’’), and Introducing Brokers on January 31, 2018. communications and require APs to (‘‘IBs’’), as well as Commodity Pool At any time within 60 days of the date maintain a log of those written Operators (‘‘CPOs’’) and Commodity of effectiveness of the proposed rule electronic communications. This Trading Advisors (‘‘CTAs’’) that are change, the Commission, after modification to the Interpretive Notice members of a designated contract consultation with the CFTC, may merely parallels the current cataloging market (‘‘DCM’’) or swaps execution summarily abrogate the proposed rule and AP log requirement for telephone facility (‘‘SEF’’) to maintain a record of change and require that the proposed sales solicitations and ensures that, for electronic written communications. rule change be refiled in accordance firms subject to the Requirements, all Therefore, the proposed rule imposes no with the provisions of Section 19(b)(1) sales solicitations—regardless of the new or additional requirements on of the Exchange Act.9 method by which they occur—are FCMs, RFEDs and IBs as well as CTAs maintained, cataloged, and logged by and CPOs that are Members of a SEF or IV. Solicitation of Comments the firm’s APs. DCM. Interested persons are invited to Amendments to the Interpretive However, CFTC Regulation 1.35 does submit written data, views, and Notice were previously filed with the not apply to CPOs and CTAs that are not arguments concerning the foregoing, SEC in SR–NFA–2002–07, Exchange Act a member of a DCM or SEF. NFA and including whether the proposed rule Release No. 34–47147 (Jan. 9, 2003), 68 NFA’s Member Committees realize that change is consistent with the Exchange FR 2383 (Jan. 16, 2003); SR–NFA–2003– this proposed rule would impose an Act. Comments may be submitted by 01, Exchange Act Release No. 34–47533 additional recordkeeping requirement any of the following methods: (Mar. 19, 2003), 68 FR 14733 (March 26, and additional costs to CPOs and CTAs 2003); SR–NFA–2005–01, Exchange Act that are not a member of a DCM or a Electronic Comments Release No. 34–52808 (Nov. 18, 2005), SEF. However, NFA and NFA’s Member • 70 FR 71347 (Nov. 28, 2005); SR–NFA– Committees believe that this Use the Commission’s internet 2006–01 Exchange Act Release No. 34– consideration is outweighed by the fact comment form (http://www.sec.gov/ 53568 (Mar. 29, 2006), 71 FR 16850 that, in NFA’s experience, firms that rules/sro.shtml); or (Apr. 4, 2006); SR–NFA–2007–03, qualify to adopt the Requirements are • Send an email to rule-comments@ Exchange Act Release No. 34–55710 more likely to engage in deceptive sales sec.gov. Please include File Number SR– (May 4, 2007), 72 FR 26858 (May 11, solicitations and requiring these firms to NFA–2018–02 on the subject line. 2007); SR–NFA–2007–07, Exchange Act Release No. 34–57142 (Jan. 14, 2008), 73 6 15 U.S.C. 78o–3(k). 8 See Letter, Supra note 3. FR 3502 (Jan. 18, 2008); SR–NFA–2008– 7 17 CFR 1.35. 9 15 U.S.C. 78s(b)(1).

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Paper Comments SECURITIES AND EXCHANGE administration of the Nasdaq/UTP Plan and as a ‘‘Ministerial Amendment’’ • COMMISSION Send paper comments in triplicate under Section XVI of the Plan. As a [Release No. 34–83493; File No. S7–24–89] to Secretary, Securities and Exchange result, the Amendment was effective Commission, 100 F Street NE, Joint Industry Plan; Notice of Filing upon filing and was submitted by the Washington, DC 20549–1090. and Immediate Effectiveness of the Chairman of the Plan’s Operating All submissions should refer to File Forty-Third Amendment to the Joint Committee. The Commission is Number SR–NFA–2018–02. This file Self-Regulatory Organization Plan publishing this notice to solicit number should be included on the Governing the Collection, comments from interested persons on the proposed Amendment. Set forth in subject line if email is used. To help the Consolidation and Dissemination of Sections I and II is the statement of the Commission process and review your Quotation and Transaction Information for Nasdaq-Listed Securities Traded on purpose and summary of the comments more efficiently, please use Amendment, along with the information only one method. The Commission will Exchanges on an Unlisted Trading Privileges Basis required by Rules 608(a) and 601(a) post all comments on the Commission’s under the Act, prepared and submitted internet website (http://www.sec.gov/ June 21, 2018. by the Participants to the Commission. rules/sro.shtml). Copies of the Pursuant to Section 11A of the I. Rule 608(a) submission, all subsequent Securities Exchange Act of 1934 amendments, all written statements (‘‘Act’’),1 and Rule 608 thereunder,2 A. Purpose of the Amendments with respect to the proposed rule notice is hereby given that on June 5, The Amendment effectuates changes change that are filed with the 2018, the Participants 3 in the Joint Self- that certain Participants have made to Commission, and all written Regulatory Organization Plan Governing their names and addresses, as set forth communications relating to the the Collection, Consolidation and in Section I(A) of the UTP Plan and proposed rule change between the Dissemination of Quotation and updates the listing of Participant Commission and any person, other than Transaction Information for Nasdaq- identifying codes set forth in Section those that may be withheld from the Listed Securities Traded on Exchanges VIII(C) of the UTP Plan. public in accordance with the on an Unlisted Trading Privileges Basis provisions of 5 U.S.C. 552, will be (‘‘NASDAQ/UTP Plan,’’ ‘‘UTP Plan’’ or B. Governing or Constituent Documents available for website viewing and ‘‘Plan’’) filed with the Securities and Not applicable. Exchange Commission (‘‘Commission’’) printing in the Commission’s Public C. Implementation of the Amendments Reference Room, 100 F Street NE, a proposal to amend the NASDAQ/UTP Washington, DC 20549, on official Plan.4 The amendment represents Because the Amendment constitutes a business days between the hours of Amendment No. 43 to the NASDAQ/ ‘‘Ministerial Amendment’’ under Section XVI of the UTP Plan, the 10:00 a.m. and 3:00 p.m. Copies of such UTP Plan (‘‘Amendment’’). The Chairman of the UTP Plan’s Operating filing also will be available for Amendment seeks to effectuate changes Committee may submit the Amendment inspection and copying at the principal that certain Participants have made to their names and addresses, as set forth to the Commission on behalf of the office of NFA. All comments received in Section I(A) of the Nasdaq/UTP Plan Participants in the UTP Plan. Because will be posted without change. Persons and to update the listing of Participant the Participants have designated the submitting comments are cautioned that identifying codes set forth in Section Amendment as concerned solely with we do not redact or edit personal VIII(C) of the Plan. the administration of the Plan, the identifying information from comment Pursuant to Rule 608(b)(3)(ii) under Amendment is effective upon filing submissions. You should submit only Regulation NMS,5 the Participants have with the Commission. information that you wish to make designated the Amendment as D. Development and Implementation publicly available. All submissions concerned solely with the should refer to File Number SR–NFA– Phases 2018–02 and should be submitted on or 1 15 U.S.C. 78k–1. Not applicable. before July 18, 2018. 2 17 CFR 242.608. E. Analysis of Impact on Competition 3 The Participants are: Cboe BYX Exchange, Inc.; For the Commission, by the Division of Cboe BZX Exchange, Inc.; Cboe EDGA Exchange, The Participants assert that the Trading and Markets, pursuant to delegated Inc.; Cboe EDGX Exchange, Inc.; Cboe Exchange, Amendment does not impose any authority.10 Inc.; Chicago Stock Exchange, Inc.; Financial burden on competition because it Industry Regulatory Authority, Inc.; Investors Eduardo A. Aleman, Exchange LLC; Nasdaq BX, Inc.; Nasdaq ISE, LLC; simply effectuates a change in the Assistant Secretary. Nasdaq PHLX LLC; The Nasdaq Stock Market LLC; names and addresses of certain [FR Doc. 2018–13763 Filed 6–26–18; 8:45 am] New York Stock Exchange LLC; NYSE Arca, Inc.; Participants. For the same reasons, the NYSE American LLC; and NYSE National, Inc. Participants do not believe that the BILLING CODE 8011–01–P (collectively, the ‘‘Participants’’). 4 The Plan governs the collection, processing, and Amendment introduces terms that are dissemination on a consolidated basis of quotation unreasonably discriminatory for information and transaction reports in Eligible purposes of Section 11A(c)(1)(D) of the Securities for each of its Participants. This Exchange Act. consolidated information informs investors of the current quotation and recent trade prices of Nasdaq F. Written Understanding or Agreements securities. It enables investors to ascertain from one Relating to Interpretation of, or data source the current prices in all the markets trading Nasdaq securities. The Plan serves as the Participation in, Plan required transaction reporting plan for its Not applicable. Participants, which is a prerequisite for their trading Eligible Securities. See Securities Exchange G. Approval by Sponsors in Accordance Act Release No. 55647 (April 19, 2007), 72 FR With Plan 20891 (April 26, 2007). 10 17 CFR 200.30–3(a)(73). 5 17 CFR 242.608(b)(3)(ii). See Item I.C. above.

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H. Description of Operation of Facility • Send an email to rule-comments@ CONTACT PERSON FOR MORE INFORMATION: Contemplated by the Proposed sec.gov. Please include File Number S7– For further information and to ascertain Amendments 24–89 on the subject line. what, if any, matters have been added, Not applicable. Paper Comments deleted or postponed, please contact the Office of the Secretary at (202) 551– • I. Terms and Conditions of Access Send paper comments in triplicate 5400. Not applicable. to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street Dated: June 22, 2018. J. Method of Determination and NE, Washington, DC 20549–1090. Jill M. Peterson, Imposition, and Amount of, Fees and All submissions should refer to File Assistant Secretary. Charges Number File No. S7–24–89. This file [FR Doc. 2018–13888 Filed 6–25–18; 11:15 am] Not applicable. number should be included on the BILLING CODE 8011–01–P subject line if email is used. To help the K. Method and Frequency of Processor Commission process and review your Evaluation comments more efficiently, please use SECURITIES AND EXCHANGE Not applicable. only one method. The Commission will COMMISSION L. Dispute Resolution post all comments on the Commission’s website (http://www.sec.gov/rules/ Not applicable. [Release No. 34–83491; File No. SR–NFA– sro.shtml). Copies of the submission, all 2018–01] II. Rule 601(a) written statements with respect to the proposed Amendment that are filed A. Equity Securities for Which Self-Regulatory Organizations; with the Commission, and all written National Futures Association; Notice Transaction Reports Shall be Required communications relating to the by the Plan of Filing and Immediate Effectiveness proposed Amendment between the of Proposed Technical Amendment to Not applicable. Commission and any person, other than the Interpretive Notice to NFA B. Reporting Requirements those that may be withheld from the Compliance Rule 2–9: Special public in accordance with the Not applicable. Supervisory Requirements for provisions of 5 U.S.C. 552, will be Members Registered as Broker-Dealers C. Manner of Collecting, Processing, available for website viewing and Under Section 15(b)(11) of the Sequencing, Making Available and printing in the Commission’s Public Securities Exchange Act of 1934 Disseminating Last Sale Information Reference Room, 100 F Street NE, Washington, DC 20549, on official Not applicable. June 21, 2018. business days between the hours of D. Manner of Consolidation 10:00 a.m. and 3:00 p.m. Copies of the Pursuant to Section 19(b)(7) of the filing also will be available for website Securities Exchange Act of 1934 Not applicable. 1 viewing and printing at the principal (‘‘Exchange Act’’), and Rule 19b–7 2 E. Standards and Methods Ensuring office of the Plans. under the Exchange Act, notice is Promptness, Accuracy and All comments received will be posted hereby given that on June 14, 2018, Completeness of Transaction Reports without change. Persons submitting National Futures Association (‘‘NFA’’) Not applicable. comments are cautioned that we do not filed with the Securities and Exchange redact or edit personal identifying Commission (‘‘SEC’’ or ‘‘Commission’’) F. Rules and Procedures Addressed to information from comment submissions. the proposed rule change described in Fraudulent or Manipulative You should submit only information Items I, II, and III below, which Items Dissemination that you wish to make available have been prepared by NFA. The Not applicable. publicly. All submissions should refer Commission is publishing this notice to to File Number S7–24–89 and should be solicit comments on the proposed rule G. Terms of Access to Transaction submitted on or before July 18, 2018. change from interested persons. Reports By the Commission. On August 30, 2017, NFA also filed Not applicable. Eduardo A. Aleman, this proposed rule change with the H. Identification of Marketplace of Assistant Secretary. Commodity Futures Trading Execution [FR Doc. 2018–13767 Filed 6–26–18; 8:45 am] Commission (‘‘CFTC’’) and requested that the CFTC make a determination Not applicable. BILLING CODE 8011–01–P that review of the proposed rule change III. Solicitation of Comments of NFA is not necessary. By letter dated The Commission seeks general SECURITIES AND EXCHANGE September 15, 2017, the CFTC notified comments on the Amendment. COMMISSION NFA of its determination not to review Interested persons are invited to submit the proposed rule change.3 written data, views, and arguments Sunshine Act Meetings The text of the proposed rule change concerning the foregoing, including is available at the self-regulatory whether the proposed Amendment is FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: To be published. organization’s office, on the NFA’s consistent with the Act. Comments may website at www.nfa.futures.org, and at PREVIOUSLY ANNOUNCED TIME AND DATE OF be submitted by any of the following the SEC’s Public Reference Room. methods: THE MEETING: Thursday, June 28, 2018. CHANGES IN THE MEETING: The following 1 15 U.S.C. 78s(b)(7). Electronic Comments matter will also be considered during 2 17 CFR 240.19b–7. • Use the Commission’s internet the 2 p.m. Closed Meeting scheduled for 3 See letter from Eileen T. Flaherty, Director, comment form (http://www.sec.gov/ Thursday, June 28, 2018: CFTC to Carol A. Wooding, General Counsel, NFA rules/sro.shtml); or Report on an investigation. (‘‘Letter’’).

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I. Self-Regulatory Organization’s online Forms 7–R and 8–R can be Act. Comments may be submitted by Description and Text of the Proposed updated directly in NFA’s Online any of the following methods: Rule Change Registration System and automatically Electronic Comments The technical amendment to NFA’s create a record of changes equivalent to Interpretive Notice entitled ‘‘NFA a completed Form 3–R. This • Use the Commission’s internet Compliance Rule 2–9: Special amendment removes the Form 3–R comment form (http://www.sec.gov/ Supervisory Requirements for Members reference and replaces it with the rules/sro.shtml); or direction to report updates and file Registered as Broker-Dealers’’ • Send an email to rule-comments@ (‘‘Interpretive Notice’’) references the changes to registration information by, ‘‘. . . an update to the Form 7–R.’’ sec.gov. Please include File Number SR– Form 3–R. The amendment eliminates NFA–2018–01 on the subject line. the reference to the Form 3–R. The text Amendments to the Interpretive of the proposed technical amendment to Notice were previously filed with the Paper Comments the Interpretive Notice is found in SEC in SR–NFA–2007–07, Exchange Act • Exhibit 4. Release No. 34–57142 (Jan. 14, 2008). Send paper comments in triplicate to Secretary, Securities and Exchange 2. Statutory Basis II. Self-Regulatory Organization’s Commission, 100 F Street NE, Statement of the Purpose of, and The rule change is authorized by, and Washington, DC 20549–1090. Statutory Basis for the Proposed Rule consistent with, Section 15A(k) of the Change Exchange Act.6 The proposed changes All submissions should refer to File are nothing more than technical Number SR–NFA–2018–01. This file In its filing with the Commission, number should be included on the NFA included statements concerning amendments to remove a reference to the Form 3–R. subject line if email is used. To help the the purpose of and basis for the Commission process and review your proposed rule change and discussed any B. Self-Regulatory Organization’s comments more efficiently, please use comments it received on the proposed Statement on Burden on Competition only one method. The Commission will rule change. The text of these statements The proposed rule change will have post all comments on the Commission’s may be examined at the places specified internet website (http://www.sec.gov/ in Item IV below. NFA has prepared little or no impact on competition. The proposed amendment to the Interpretive rules/sro.shtml). Copies of the summaries, set forth in sections A, B, submission, all subsequent and C below, of the most significant Notice does not impose new requirements on Members. amendments, all written statements aspects of such statements. with respect to the proposed rule A. Self-Regulatory Organization’s C. Self-Regulatory Organization’s change that are filed with the Statement of the Purpose of, and Statement on Comments on the Commission, and all written Statutory Basis for the Proposed Rule Proposed Rule Change Received From communications relating to the Change Members, Participants, or Others proposed rule change between the Commission and any person, other than 1. Purpose NFA did not publish the rule change to the membership for comment. NFA those that may be withheld from the Section 15A(k) of the Exchange Act 4 did not receive comment letters public in accordance with the makes NFA a national securities concerning the rule change. provisions of 5 U.S.C. 552, will be association for the limited purpose of available for website viewing and regulating the activities of NFA III. Date of Effectiveness of the printing in the Commission’s Public Members (‘‘Members’’) who are Proposed Rule Change and Timing for Reference Room, 100 F Street NE, registered as brokers or dealers in Commission Action Washington, DC 20549, on official security futures products under Section The CFTC notified NFA of its business days between the hours of 15(b)(11) of the Exchange Act.5 NFA’s determination not to review the 10:00 a.m. and 3:00 p.m. Copies of such Interpretive Notice applies to all proposed rule change.7 The proposed filing also will be available for Members who meet the criteria in the rule change became effective on inspection and copying at the principal Interpretive Notice and could apply to September 15, 2017. office of NFA. All comments received Members registered under Section At any time within 60 days of the date will be posted without change. Persons 15(b)(11) of the Exchange Act. of effectiveness of the proposed rule submitting comments are cautioned that NFA’s registration rules need to be change, the Commission, after we do not redact or edit personal amended to implement the CFTC’s consultation with the CFTC, may identifying information from comment retiring of the Form 3–R, which had summarily abrogate the proposed rule submissions. You should submit only been used to report changes to change and require that the proposed information that you wish to make registration information. The CFTC rule change be refiled in accordance publicly available. All submissions eliminated the Form 3–R recognizing with the provisions of Section 19(b)(1) should refer to File Number SR–NFA– that in the electronic era, changes are of the Exchange Act.8 2018–01 and should be submitted on or made directly to the registration before July 18, 2018. IV. Solicitation of Comments information rather than via filing a Form For the Commission, by the Division of 3–R. Interested persons are invited to Trading and Markets, pursuant to delegated In August 2012, the CFTC eliminated submit written data, views, and authority.9 the requirement that registrants and arguments concerning the foregoing, Eduardo A. Aleman, individuals use CFTC Form 3–R to including whether the proposed rule Assistant Secretary. update and file changes to their change is consistent with the Exchange registration information because the [FR Doc. 2018–13764 Filed 6–26–18; 8:45 am] 6 15 U.S.C. 78o–3(k). BILLING CODE 8011–01–P 4 15 U.S.C. 78o–3(k). 7 See Letter, Supra note 3. 5 15 U.S.C. 78o(b)(11). 8 15 U.S.C. 78s(b)(1). 9 17 CFR 200.30–3(a)(73).

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SECURITIES AND EXCHANGE be issued unless the Commission orders shares will be purchased and redeemed COMMISSION a hearing. Interested persons may at their NAV in Creation Units only. All request a hearing by writing to the orders to purchase Creation Units and [Investment Company Act Release No. 33134; 812–14846] Commission’s Secretary and serving all redemption requests will be placed applicants with a copy of the request, by or through an ‘‘Authorized Impact Shares Trust I, et al. personally or by mail. Hearing requests Participant,’’ which will have signed a should be received by the Commission participant agreement with the June 21, 2018. by 5:30 p.m. on July 16, 2018, and Distributor. Shares will be listed and AGENCY: Securities and Exchange should be accompanied by proof of traded individually on a national Commission (‘‘Commission’’). service on applicants, in the form of an securities exchange, where share prices ACTION: Notice. affidavit, or for lawyers, a certificate of will be based on the current bid/offer service. Pursuant to rule 0–5 under the market. Certain Funds may operate as Notice of an application for an order Act, hearing requests should state the Feeder Funds in a master-feeder under section 6(c) of the Investment nature of the writer’s interest, any facts structure. Any order granting the Company Act of 1940 (the ‘‘Act’’) for an bearing upon the desirability of a requested relief would be subject to the exemption from sections 2(a)(32), hearing on the matter, the reason for the terms and conditions stated in the 5(a)(1), 22(d), and 22(e) of the Act and request, and the issues contested. application. rule 22c–1 under the Act, under Persons who wish to be notified of a 2. Each Fund will hold investment sections 6(c) and 17(b) of the Act for an hearing may request notification by positions selected to correspond exemption from sections 17(a)(1) and writing to the Commission’s Secretary. generally to the performance of an 17(a)(2) of the Act, and under section Underlying Index. In the case of Self- 12(d)(1)(J) for an exemption from ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street NE, Indexing Funds, an affiliated person, as sections 12(d)(1)(A) and 12(d)(1)(B) of defined in section 2(a)(3) of the Act the Act. The requested order would Washington, DC 20549–1090; Applicants: Impact Shares, Corp., 2189 (‘‘Affiliated Person’’), or an affiliated permit (a) index-based series of certain person of an Affiliated Person (‘‘Second- open-end management investment Broken Bend, Frisco, Texas 75034, Impact Shares Trust I, Corporation Trust Tier Affiliate’’), of the Trust or a Fund, companies (‘‘Funds’’) to issue shares of the Adviser, of any sub-adviser to or redeemable in large aggregations only Center, 1209 Orange Street, Wilmington, Delaware 19801, and SEI Investments promoter of a Fund, or of the Distributor (‘‘Creation Units’’); (b) secondary market will compile, create, sponsor or transactions in Fund shares to occur at Distribution Co., 1 Freedom Valley Drive, Oaks, Pennsylvania 19456. maintain the Underlying Index.2 negotiated market prices rather than at 3. Shares will be purchased and FOR FURTHER INFORMATION CONTACT: Erin net asset value (‘‘NAV’’); (c) certain redeemed in Creation Units and C. Loomis, Senior Counsel, at (202) 551– Funds to pay redemption proceeds, generally on an in-kind basis. Except 6721, or Parisa Haghshenas, Branch under certain circumstances, more than where the purchase or redemption will Chief, at (202) 551–6723 (Division of seven days after the tender of shares for include cash under the limited Investment Management, Chief redemption; (d) certain affiliated circumstances specified in the Counsel’s Office). persons of a Fund to deposit securities application, purchasers will be required into, and receive securities from, the SUPPLEMENTARY INFORMATION: The to purchase Creation Units by Fund in connection with the purchase following is a summary of the depositing specified instruments and redemption of Creation Units; (e) application. The complete application (‘‘Deposit Instruments’’), and certain registered management may be obtained via the Commission’s shareholders redeeming their shares investment companies and unit website by searching for the file will receive specified instruments investment trusts outside of the same number, or for an applicant using the (‘‘Redemption Instruments’’). The group of investment companies as the Company name box, at http:// Deposit Instruments and the Funds (‘‘Funds of Funds’’) to acquire www.sec.gov/search/search.htm or by Redemption Instruments will each shares of the Funds; and (f) certain calling (202) 551–8090. correspond pro rata to the positions in Funds (‘‘Feeder Funds’’) to create and Summary of the Application the Fund’s portfolio (including cash redeem Creation Units in-kind in a positions) except as specified in the master-feeder structure. 1. Applicants request an order that would allow Funds to operate as index application. Applicants: Impact Shares, Corp. (the 4. Because shares will not be exchange traded funds (‘‘ETFs’’).1 Fund ‘‘Initial Adviser’’), a nonprofit individually redeemable, applicants corporation formed under the laws of request an exemption from section 1 Applicants request that the order apply to the the State of Texas that is registered as 5(a)(1) and section 2(a)(32) of the Act an investment adviser under the initial series of the Trust (‘‘Initial Funds’’) and any additional series of the Trust, and any other existing that would permit the Funds to register Investment Advisers Act of 1940, or future open-end management investment as open-end management investment Impact Shares Trust I, (the ‘‘Trust’’), a company or existing or future series thereof companies and issue shares that are (‘‘Future Funds’’ and together with the Initial Delaware statutory trust registered redeemable in Creation Units only. under the Act as an open-end Funds, ‘‘Funds’’), each of which will operate as an ETF and will track a specified index comprised of 5. Applicants also request an management investment company with domestic and/or foreign equity securities and/or exemption from section 22(d) of the Act multiple series, and SEI Investments domestic and/or foreign fixed income securities and rule 22c–1 under the Act as Distribution Co., a broker-dealer (each, an ‘‘Underlying Index’’). Any Fund will (a) secondary market trading in shares will registered under the Securities be advised by the Initial Adviser or an entity controlling, controlled by, or under common Exchange Act of 1934. control with the Initial Adviser (each of the 2 Each Self-Indexing Fund will post on its website Filing Dates: The application was foregoing and any successor thereto, an ‘‘Adviser’’) the identities and quantities of the investment filed on November 28, 2017, and and (b) comply with the terms and conditions of the positions that will form the basis for the Fund’s amended on March 21, 2018, May 16, application. For purposes of the requested order, a calculation of its NAV at the end of the day. ‘‘successor’’ is limited to an entity or entities that Applicants believe that requiring Self-Indexing 2018 and May 24, 2018. result from a reorganization into another Funds to maintain full portfolio transparency will Hearing or Notification of Hearing: An jurisdiction or a change in the type of business help address, together with other protections, order granting the requested relief will organization. conflicts of interest with respect to such Funds.

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take place at negotiated prices, not at a the same for all purchases and For the Commission, by the Division of current offering price described in a redemptions, and Deposit Instruments Investment Management, under delegated Fund’s prospectus, and not at a price and Redemption Instruments will be authority. based on NAV. Applicants state that (a) valued in the same manner as those Eduardo A. Aleman, secondary market trading in shares does investment positions currently held by Assistant Secretary. not involve a Fund as a party and will the Funds. Applicants also seek relief [FR Doc. 2018–13762 Filed 6–26–18; 8:45 am] not result in dilution of an investment from the prohibitions on affiliated BILLING CODE 8011–01–P in shares, and (b) to the extent different transactions in section 17(a) to permit a prices exist during a given trading day, Fund to sell its shares to and redeem its or from day to day, such variances occur shares from a Fund of Funds, and to SECURITIES AND EXCHANGE as a result of third-party market forces, engage in the accompanying in-kind COMMISSION such as supply and demand. Therefore, transactions with the Fund of Funds.3 [Release No. 34–83492; File No. SR–CTA/ applicants assert that secondary market The purchase of Creation Units by a CQ–2018–02] transactions in shares will not lead to Fund of Funds directly from a Fund will discrimination or preferential treatment be accomplished in accordance with the Consolidated Tape Association; Notice among purchasers. Finally, applicants policies of the Fund of Funds and will of Filing and Immediate Effectiveness represent that share market prices will be based on the NAVs of the Funds. of the Twenty-Ninth Substantive be disciplined by arbitrage 9. Applicants also request relief to Amendment to the Second opportunities, which should prevent permit a Feeder Fund to acquire shares Restatement of the CTA Plan and the shares from trading at a material of another registered investment Twenty-First Amendment to the discount or premium from NAV. company managed by the Adviser Restated CQ Plan 6. With respect to Funds that effect having substantially the same creations and redemptions of Creation investment objectives as the Feeder June 21, 2018. Units in kind and that are based on Fund (‘‘Master Fund’’) beyond the Pursuant to Section 11A of the certain Underlying Indexes that include limitations in section 12(d)(1)(A) and Securities Exchange Act of 1934 foreign securities, applicants request permit the Master Fund, and any (‘‘Act’’),1 and Rule 608 thereunder,2 relief from the requirement imposed by principal underwriter for the Master notice is hereby given that on June 5, section 22(e) in order to allow such Fund, to sell shares of the Master Fund 2018, the Consolidated Tape Funds to pay redemption proceeds to the Feeder Fund beyond the Association (‘‘CTA’’) Plan participants within fifteen calendar days following limitations in section 12(d)(1)(B). (‘‘Participants’’) 3 filed with the the tender of Creation Units for 10. Section 6(c) of the Act permits the Securities and Exchange Commission redemption. Applicants assert that the Commission to exempt any persons or (‘‘Commission’’) a proposal to amend requested relief would not be transactions from any provision of the the Second Restatement of the CTA Plan inconsistent with the spirit and intent of Act if such exemption is necessary or and the Restated Consolidated section 22(e) to prevent unreasonable, appropriate in the public interest and Quotation (‘‘CQ’’) Plan (‘‘Plans’’).4 undisclosed or unforeseen delays in the consistent with the protection of These amendments represent the actual payment of redemption proceeds. investors and the purposes fairly Twenty-Ninth Substantive Amendment 7. Applicants request an exemption to intended by the policy and provisions of to the CTA Plan and the Twenty-First permit Funds of Funds to acquire Fund the Act. Section 12(d)(1)(J) of the Act Amendment to the CQ Plan shares beyond the limits of section provides that the Commission may (‘‘Amendments’’). The Amendments 12(d)(1)(A) of the Act; and the Funds, exempt any person, security, or seek to effectuate changes that certain and any principal underwriter for the transaction, or any class or classes of Participants have made to their names Funds, and/or any broker or dealer persons, securities, or transactions, from and addresses, as set forth in Sections registered under the Exchange Act, to any provision of section 12(d)(1) if the sell shares to Funds of Funds beyond exemption is consistent with the public 1 15 U.S.C. 78k–1. the limits of section 12(d)(1)(B) of the interest and the protection of investors. 2 17 CFR 242.608. Act. The application’s terms and Section 17(b) of the Act authorizes the 3 The Participants are: Cboe BYX Exchange, Inc.; conditions are designed to, among other Commission to grant an order Cboe BZX Exchange, Inc.; Cboe EDGA Exchange, things, help prevent any potential (i) permitting a transaction otherwise Inc.; Cboe EDGX Exchange, Inc.; Cboe Exchange, Inc.; Chicago Stock Exchange, Inc.; Financial undue influence over a Fund through prohibited by section 17(a) if it finds Industry Regulatory Authority, Inc.; Investors control or voting power, or in that (a) the terms of the proposed Exchange LLC; Nasdaq BX, Inc.; Nasdaq ISE, LLC; connection with certain services, transaction are fair and reasonable and Nasdaq PHLX LLC; The Nasdaq Stock Market LLC; transactions, and underwritings, (ii) do not involve overreaching on the part New York Stock Exchange LLC; NYSE Arca, Inc.; NYSE American LLC; and NYSE National, Inc. excessive layering of fees, and (iii) of any person concerned; (b) the (collectively, the ‘‘Participants’’). overly complex fund structures, which proposed transaction is consistent with 4 See Securities Exchange Act Release Nos. 10787 are the concerns underlying the limits the policies of each registered (May 10, 1974), 39 FR 17799 (May 20, 1974) in sections 12(d)(1)(A) and (B) of the investment company involved; and (c) (declaring the CTA Plan effective); 15009 (July 28, Act. the proposed transaction is consistent 1978), 43 FR 34851 (August 7, 1978) (temporarily authorizing the CQ Plan); and 16518 (January 22, 8. Applicants request an exemption with the general purposes of the Act. 1980), 45 FR 6521 (January 28, 1980) (permanently from sections 17(a)(1) and 17(a)(2) of the authorizing the CQ Plan). The most recent Act to permit persons that are Affiliated 3 The requested relief would apply to direct sales restatement of both Plans was in 1995. The CTA Persons, or Second Tier Affiliates, of the of shares in Creation Units by a Fund to a Fund of Plan, pursuant to which markets collect and Funds and redemptions of those shares. Applicants, disseminate last sale price information for non- Funds, solely by virtue of certain moreover, are not seeking relief from section 17(a) NASDAQ listed securities, is a ‘‘transaction ownership interests, to effectuate for, and the requested relief will not apply to, reporting plan’’ under Rule 601 under the Act, 17 purchases and redemptions in-kind. The transactions where a Fund could be deemed an CFR 242.601, and a ‘‘national market system plan’’ deposit procedures for in-kind Affiliated Person, or a Second-Tier Affiliate, of a under Rule 608 under the Act, 17 CFR 242.608. The Fund of Funds because an Adviser or an entity CQ Plan, pursuant to which markets collect and purchases of Creation Units and the controlling, controlled by or under common control disseminate bid/ask quotation information for listed redemption procedures for in-kind with an Adviser provides investment advisory securities, is a ‘‘national market system plan’’ under redemptions of Creation Units will be services to that Fund of Funds. Rule 608 under the Act, 17 CFR 242.608.

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I(q), III(a), and VIII(a) of the CTA Plan discriminatory for purposes of Section Interested persons are invited to submit and Section III(a) of the CQ Plan. 11A(c)(1)(D) of the Exchange Act. written data, views, and arguments Pursuant to Rule 608(b)(3)(ii) under concerning the foregoing, including F. Written Understanding or Agreements Regulation NMS,5 the Participants have whether the proposed Amendments are Relating to Interpretation of, or designated the Amendments as consistent with the Act. Comments may Participation in, Plan concerned solely with the be submitted by any of the following administration of the Plans and as Not applicable. methods: ‘‘Ministerial Amendments’’ under both G. Approval by Sponsors in Accordance Electronic Comments Section IV(b) of the CTA Plan and With Plan Section IV(c) of the CQ Plan. As a result, • See Item I.C. above. Use the Commission’s internet the Amendments were effective upon comment form (http://www.sec.gov/ filing and were submitted by the H. Description of Operation of Facility rules/sro.shtml); or Chairman of the Plan’s Operating Contemplated by the Proposed • Send an email to rule-comments@ Committee. The Commission is Amendments publishing this notice to solicit sec.gov. Please include File Number SR– Not applicable. comments from interested persons on CTA/CQ–2018–02 on the subject line. the proposed Amendments. Set forth in I. Terms and Conditions of Access Paper Comments Sections I and II is the statement of the Not applicable. purpose and summary of the • Send paper comments in triplicate Amendments, along with the J. Method of Determination and to Brent J. Fields, Secretary, Securities information required by Rules 608(a) Imposition, and Amount of, Fees and and Exchange Commission, 100 F Street and 601(a) under the Act, prepared and Charges NE, Washington, DC 20549–1090. submitted by the Participants to the Not applicable. Commission. All submissions should refer to File K. Method and Frequency of Processor Number SR–CTA/CQ–2018–02. This file I. Rule 608(a) Evaluation number should be included on the subject line if email is used. To help the A. Purpose of the Amendments Not applicable. Commission process and review your The Amendments effectuate changes L. Dispute Resolution comments more efficiently, please use that certain Participants have made to Not applicable. only one method. The Commission will their names and addresses, as set forth post all comments on the Commission’s in Sections I(q), III(a), and VIII(a) of the II. Rule 601(a) website (http://www.sec.gov/rules/ CTA Plan and Section III(a) of the CQ A. Equity Securities for Which sro.shtml). Copies of the submission, all Plan. Transaction Reports Shall Be Required written statements with respect to the B. Governing or Constituent Documents by the Plan proposed Amendments that are filed with the Commission, and all written Not applicable. Not applicable. communications relating to the C. Implementation of the Amendments B. Reporting Requirements proposed Amendments between the Commission and any person, other than Not applicable. Because the Amendments constitute those that may be withheld from the ‘‘Ministerial Amendments’’ under both C. Manner of Collecting, Processing, public in accordance with the Section IV(b) of the CTA Plan and Sequencing, Making Available and provisions of 5 U.S.C. 552, will be Section IV(c) under the CQ Plan, the Disseminating Last Sale Information available for website viewing and Chairman of the Plan’s Operating printing in the Commission’s Public Committee may submit the Not applicable. Reference Room, 100 F Street NE, Amendments to the Commission on D. Manner of Consolidation Washington, DC 20549, on official behalf of the Participants in the Plans. business days between the hours of Because the Participants have Not applicable. 10:00 a.m. and 3:00 p.m. Copies of the designated the Amendments as E. Standards and Methods Ensuring filing also will be available for website concerned solely with the Promptness, Accuracy and viewing and printing at the principal administration of the Plans, the Completeness of Transaction Reports Amendments become effective upon office of the Plans. All comments Not applicable. filing with the Commission. received will be posted without change. F. Rules and Procedures Addressed to Persons submitting comments are D. Development and Implementation Fraudulent or Manipulative cautioned that we do not redact or edit Phases Dissemination personal identifying information from Not applicable. comment submissions. You should Not applicable. submit only information that you wish E. Analysis of Impact on Competition G. Terms of Access to Transaction to make available publicly. The Participants assert that the Reports All submissions should refer to File Amendments do not impose any burden Not applicable. Number SR–CTA/CQ–2018–02 and on competition because they simply should be submitted on or before July effectuate a change in the names and H. Identification of Marketplace of 18, 2018. addresses of certain Participants. For the Execution By the Commission. same reasons, the Participants do not Not applicable. believe that the Amendments introduce Eduardo A. Aleman, terms that are unreasonably III. Solicitation of Comments Assistant Secretary. The Commission seeks general [FR Doc. 2018–13766 Filed 6–26–18; 8:45 am] 5 17 CFR 242.608(b)(3)(ii). comments on the Amendments. BILLING CODE 8011–01–P

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DEPARTMENT OF STATE • Estimated Number of Responses: SURFACE TRANSPORTATION BOARD 13,500. [Public Notice 10120] [Docket No. AB 55 (Sub-No. 778X)] • Average Time per Response: 5 60-Day Notice of Proposed Information minutes. CSX Transportation, Inc.— Collection: Request for Department of • Total Estimated Burden Time: 1,125 Abandonment Exemption—in Fulton State Personal Identification Card County, Ga. hours. ACTION: Notice of request for public • Frequency: On occasion (when new CSX Transportation, Inc. (CSXT) has comment. badge is required or badge expires). filed a verified notice of exemption under 49 CFR pt. 1152 subpart F— • Obligation to Respond: Mandatory. SUMMARY: The Department of State is Exempt Abandonments to abandon an seeking Office of Management and We are soliciting public comments to approximately 2.04-mile rail line Budget (OMB) approval for the permit the Department to: referred to as the Kudzu Line in its information collection described below. • Evaluate whether the proposed Southern Region, Atlanta Division, In accordance with the Paperwork information collection is necessary for Atlanta Terminal Subdivision between Reduction Act of 1995, we are the proper functions of the Department. milepost ANB 862.66 and milepost ANB requesting comments on this collection • 862.95 and between milepost ANB from all interested individuals and Evaluate the accuracy of our 862.66 and former milepost ANB organizations. The purpose of this estimate of the time and cost burden for 863.94, including any industry leads or notice is to allow 60 days for public this proposed collection, including the spur tracks, in Fulton County, Ga. (the comment preceding submission of the validity of the methodology and Line). The Line traverses United States collection to OMB. assumptions used. Postal Service Zip Code 30318. DATES: The Department will accept • Enhance the quality, utility, and CSXT has certified that: (1) No local comments from the public up to August clarity of the information to be traffic has moved over the Line for at 27, 2018. collected. least two years; (2) any overhead traffic on the Line can be rerouted; (3) no ADDRESSES: You may submit comments • Minimize the reporting burden on by any of the following methods: formal complaint filed by a user of rail • those who are to respond, including the service on the Line (or by a state or local Web: Persons with access to the use of automated collection techniques internet may comment on this notice by government entity acting on behalf of or other forms of information going to www.Regulations.gov. You can such user) regarding cessation of service technology. search for the document by entering over the Line either is pending with the ‘‘Docket Number: DOS–2017–0037’’ in Please note that comments submitted Surface Transportation Board (Board) or the Search field. Then click the in response to this Notice are public any U.S. District Court or has been ‘‘Comment Now’’ button and complete record. Before including any detailed decided in favor of a complainant the comment form. personal information, you should be within the two-year period; and (4) the • Regular Mail: Send written aware that your comments as submitted, requirements at 49 CFR 1105.12 comments to: DS/DO/DFP, Harry S. including your personal information, (newspaper publication), 49 CFR Truman, 2201 C St. NW, Washington, will be available for public review. 1152.50(d)(1) (notice to governmental DC 20520–0000, Room B237. agencies), 49 CFR 1105.11 (transmittal You must include the DS form Abstract of Proposed Collection letter), and 49 CFR 1105.7 and 1105.8 number (if applicable), information (environment and historic report), have The collection of the information collection title, and the OMB control been met. requested on the DS–1838 and DS–7783 number in any correspondence. As a condition to this exemption, any is necessary for all Department non- FOR FURTHER INFORMATION CONTACT: employee adversely affected by the employees who need a PIV. They are Direct requests for additional abandonment shall be protected under required to submit an application for a information regarding the collection Oregon Short Line Railroad— Personal Identification Card (DS–1838 listed in this notice, including requests Abandonment Portion Goshen Branch for copies of the proposed collection domestically or DS–7783 overseas) at Between Firth & Ammon, in Bingham & instrument and supporting documents, the time of hire. The information Bonneville Counties, Idaho, 360 I.C.C. to John Ferguson, who may be reached collected on the form is necessary to 91 (1979). To address whether this on 202–647–3854 or at FergusonJM3@ verify personal identity as required by condition adequately protects affected State.Gov. the Federal Information Processing employees, a petition for partial Standard Publication 201 (FIPS 201) revocation under 49 U.S.C. 10502(d) SUPPLEMENTARY INFORMATION: and Homeland Security Presidential must be filed. • Title of Information Collection: Directive 12 (HSPD 12). Provided no formal expression of Request for Department of State intent to file an offer of financial Personal Identification Card. Methodology 1 • assistance (OFA) has been received, OMB Control Number: None. this exemption will be effective on July • Type of Request: Existing Collection Information is collected by a form or 27, 2018, unless stayed pending without OMB Control Number. automated badge request (ABR) online. reconsideration. Formal expressions of • Originating Office: Office of Domestic Facilities Protection (DS/DO/ Timothy Thomas, 1 The Board modified its OFA procedures DFP). Division Chief, Security Support Division, Bureau of Diplomatic Security, Department effective July 29, 2017. Among other things, the • Form Number: DS–1838 and DS– OFA process now requires potential offerors, in 7783. of State. their formal expression of intent, to make a • Respondents: Non-employees who [FR Doc. 2018–13806 Filed 6–26–18; 8:45 am] preliminary financial responsibility showing based on a calculation using information contained in the need Personal Identification Cards. BILLING CODE 4710–43–P • carrier’s filing and publicly available information. Estimated Number of Respondents: See Offers of Financial Assistance, EP 729 (STB 13,500. served June 29, 2017); 82 FR 30,997 (July 5, 2017).

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intent to file an OFA under 49 CFR Decided: June 20, 2018. described in the system of records 1152.27(c)(2) 2 must be filed by July 6, By the Board, Scott M. Zimmerman, Acting notice (DOT/ALL–14 FDMS), which can 2018. Petitions to stay that do not Director, Office of Proceedings. be reviewed at http://www.dot.gov/ involve environmental issues 3 and Marline Simeon, privacy. interim trail use/rail banking requests Clearance Clerk. Docket: Background documents or under 49 CFR 1152.29 must be filed by [FR Doc. 2018–13791 Filed 6–26–18; 8:45 am] comments received may be read at July 9, 2018. Petitions to reopen or BILLING CODE 4915–01–P http://www.regulations.gov at any time. requests for public use conditions under Follow the online instructions for 49 CFR 1152.28 must be filed by July 17, accessing the docket or go to the Docket 2018, with the Surface Transportation DEPARTMENT OF TRANSPORTATION Operations in Room W12–140 of the Board, 395 E Street SW, Washington, DC West Building Ground Floor at 1200 20423–0001. Federal Aviation Administration New Jersey Avenue SE, Washington, DC A copy of any petition filed with the 20590–0001, between 9 a.m. and 5 p.m., Board should be sent to CSXT’s [Summary Notice No. 2018–58] Monday through Friday, except Federal representative, Louis Gitomer, Law Petition for Exemption; Summary of holidays. Offices of Louis E. Gitomer, LLC, 600 Petition Received: PlaneSense, Inc. FOR FURTHER INFORMATION CONTACT: Baltimore Avenue, Suite 301, Towson, Brenda Robeson, Office of Rulemaking, MD 21204. AGENCY: Federal Aviation Federal Aviation Administration, 800 If the verified notice contains false or Administration (FAA), Department of Independence Avenue SW, Washington, misleading information, the exemption Transportation (DOT). DC 20591, (202) 267–4712. is void ab initio. ACTION: Notice. This notice is published pursuant to CSXT has filed a combined 14 CFR 11.85. environmental and historic report that SUMMARY: This notice contains a addresses the effects, if any, of the summary of a petition seeking relief Issued in Washington, DC, on June 21, abandonment on the environment and from specified requirements of Federal 2018. historic resources. OEA will issue an Aviation Regulations. The purpose of Dale Bouffiou, environmental assessment (EA) by July this notice is to improve the public’s Deputy Executive Director, Office of 2, 2018. Interested persons may obtain awareness of, and participation in, the Rulemaking. a copy of the EA by writing to OEA FAA’s exemption process. Neither Petition for Exemption (Room 1100, Surface Transportation publication of this notice nor the Board, Washington, DC 20423–0001) or inclusion or omission of information in Docket No.: FAA–2018–0524. by calling OEA at (202) 245–0305. the summary is intended to affect the Petitioner: PlaneSense, Inc. Assistance for the hearing impaired is legal status of the petition or its final Section(s) of 14 CFR Affected: available through the Federal disposition. 91.23(c)(3). Information Relay Service at (800) 877– Description of Relief Sought: The DATES: Comments on this petition must petitioner is requesting an exemption 8339. Comments on environmental and identify the petition docket number and historic preservation matters must be from the requirement of 14 CFR must be received on or before July 17, 91.23(c)(3) that, when a large civil filed within 15 days after the EA 2018. becomes available to the public. aircraft of U.S. registry is subject to a Environmental, historic preservation, ADDRESSES: Send comments identified lease or conditional contract of sale, public use, or trail use/rail banking by docket number FAA–2018–0524 notice containing certain information be using any of the following methods: provided to the FAA Flight Standards conditions will be imposed, where • appropriate, in a subsequent decision. Federal eRulemaking Portal: Go to district office (FSDO). In addition, such Pursuant to the provisions of 49 CFR http://www.regulations.gov and follow notice must be given at least 48 hours 1152.29(e)(2), CSXT shall file a notice of the online instructions for sending your prior to the first flight under the lease. comments electronically. The petitioner seeks an exemption consummation with the Board to signify • that it has exercised the authority Mail: Send comments to Docket changing the FSDO to be notified to the granted and fully abandoned the Line. If Operations, M–30; U.S. Department of cognizant FSDO responsible for consummation has not been effected by Transportation, 1200 New Jersey surveillance and supervision of the CSXT’s filing of a notice of Avenue SE, Room W12–140, West petitioner’s fractional program, and to consummation by June 27, 2019, and Building, Ground Floor, Washington, allow that FSDO to determine the DC 20590–0001. required timing and content of the there are no legal or regulatory barriers • to consummation, the authority to Hand Delivery or Courier: Take notice required. abandon will automatically expire. comments to Docket Operations in [FR Doc. 2018–13769 Filed 6–26–18; 8:45 am] Room W12–140 of the West Building Board decisions and notices are BILLING CODE 4910–13–P available on our website at Ground Floor at 1200 New Jersey WWW.STB.GOV. Avenue SE, Washington, DC 20590– 0001, between 9 a.m. and 5 p.m., DEPARTMENT OF TRANSPORTATION 2 Each OFA must be accompanied by the filing Monday through Friday, except Federal fee, which currently is set at $1,800. See 49 CFR holidays. Federal Aviation Administration 1002.2(f)(25). • Fax: Fax comments to Docket 3 The Board will grant a stay if an informed Operations at (202) 493–2251. [Summary Notice No. 2018–55] decision on environmental issues (whether raised Privacy: In accordance with 5 U.S.C. by a party or by the Board’s Office of Environmental Petition for Exemption; Summary of Analysis (OEA) in its independent investigation) 553(c), DOT solicits comments from the Petition Received; Tarrant County cannot be made before the exemption’s effective public to better inform its rulemaking College date. See Exemption of Out-of-Serv. Rail Lines, 5 process. DOT posts these comments, I.C.C.2d 377 (1989). Any request for a stay should AGENCY: be filed as soon as possible so that the Board may without edit, including any personal Federal Aviation take appropriate action before the exemption’s information the commenter provides, to Administration (FAA), Department of effective date. http://www.regulations.gov, as Transportation (DOT).

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ACTION: Notice. This notice is published pursuant to property owner. Proceeds would be 14 CFR 11.85. deposited in the airport account, SUMMARY: This notice contains a thereby serving the interests of civil summary of a petition seeking relief Issued in Washington, DC, on June 21, 2018. aviation. from specified requirements of Federal Aviation Regulations. The purpose of Dale Bouffiou, DATES: Comments must be received on this notice is to improve the public’s Deputy Executive Director, Office of the proposed land release request from awareness of, and participation in, the Rulemaking. federal obligations on or before July 27, 2018. FAA’s exemption process. Neither Petition for Exemption publication of this notice nor the FOR FURTHER INFORMATION CONTACT: Docket No.: FAA–2018–0434. Comments on the request may be mailed inclusion or omission of information in Petitioner: Tarrant County College. the summary is intended to affect the or delivered to the FAA at the following Section(s) of 14 CFR Affected: address: Katherine Kennedy, Federal legal status of the petition or its final 61.160(c)(3)(i). disposition. Aviation Administration, San Francisco Description of Relief Sought: The Airports District Office, Federal Register DATES: Comments on this petition must petitioner is requesting an exemption to Comment, 1000 Marina Boulevard, identify the petition docket number and allow specific current students and Suite 220, Brisbane, CA 94005–1835, must be received on or before July 17, graduates of the petitioner to be eligible telephone (650) 827–7611, facsimile 2018. to obtain their Restricted Airline (650) 817–7634. In addition, one copy of ADDRESSES: Send comments identified Transport Pilot certificates who have the comment submitted to the FAA by docket number FAA–2018–0434 otherwise met the requirements of 14 must be mailed or delivered Mr. Philip using any of the following methods: CFR part 61.160(c), with the exception M. D’Acri, Real Property Manager, • Federal eRulemaking Portal: Go to of (3)(i). Section 61.160(c)(3)(i) states County of San Luis Obispo Central http://www.regulations.gov and follow that the required ground training must Services Department, San Luis Obispo, the online instructions for sending your be completed as part of an approved CA 93408, telephone (805) 781–5206, comments electronically. part 141 curriculum at the institution of facsimile (805) 781–1364. • Mail: Send comments to Docket higher education. For the students and SUPPLEMENTARY INFORMATION: In Operations, M–30; U.S. Department of graduates who would be covered by this accordance with the Wendell H. Ford Transportation (DOT), 1200 New Jersey exemption, they completed their part Aviation Investment and Reform Act for Avenue SE, Room W12–140, West 141 Instrument Ground and/or the 21st Century (AIR 21), Public Law Building, Ground Floor, Washington, Commercial Ground course 106–181 (Apr. 5, 2000; 114 Stat. 61), DC 20590–0001. requirements under the FAA approved this notice must be published in the • Hand Delivery or Courier: Take part 141 Air Agency Certificate of U.S. Federal Register 30 days before the comments to Docket Operations in Aviation Academy, the petitioner’s Secretary may waive any condition Room W12–140 of the West Building contractor. imposed on a federally obligated airport Ground Floor at 1200 New Jersey [FR Doc. 2018–13770 Filed 6–26–18; 8:45 am] by surplus property conveyance deeds Avenue SE, Washington, DC 20590– BILLING CODE 4910–13–P or grant agreements. 0001, between 9 a.m. and 5 p.m., Following is a brief overview of the Monday through Friday, except Federal request: holidays. DEPARTMENT OF TRANSPORTATION The County of San Luis Obispo, • Fax: Fax comments to Docket California, the owner and operator of Operations at (202) 493–2251. Federal Aviation Administration the San Luis Obispo Airport, requested Privacy: In accordance with 5 U.S.C. a release from grant assurance Notice of Release From Federal Grant 553(c), DOT solicits comments from the obligations for approximately 27,443 Assurance Obligations for San Luis public to better inform its rulemaking square feet (approximately 0.63 acres) of Obispo Airport (SBP), San Luis process. DOT posts these comments, airport property. The property was Obispo, California without edit, including any personal acquired with local funds in 1991 for information the commenter provides, to AGENCY: Federal Aviation runway approach protection. However, http://www.regulations.gov, as Administration, DOT. in 2007, the Runway 7–25 threshold described in the system of records ACTION: Notice of request to release was shifted to the west side of Runway notice (DOT/ALL–14 FDMS), which can airport land. 11–29. After this shift, the property was be reviewed at http://www.dot.gov/ no longer necessary for approach privacy. SUMMARY: The Federal Aviation protection. Docket: Background documents or Administration (FAA) proposes to rule Due to the property’s landlocked comments received may be read at and invites public comments on the location and current condition, it has http://www.regulations.gov at any time. application for a release of 27,443 not been used for aeronautical purposes. Follow the online instructions for square feet (approximately 0.63 acres) of A major highway (HWY 227) separates accessing the docket or go to the Docket airport property at San Luis Obispo the property from the rest of the airport. Operations in Room W12–140 of the Airport, San Luis Obispo, California Because the property lacks direct West Building Ground Floor at 1200 from all conditions contained in the ingress and egress, attempts to lease the New Jersey Avenue SE, Washington, DC Grant Assurances. This land is not property have been unsuccessful. This 20590–0001, between 9 a.m. and 5 p.m., needed for airport purposes. The non-contiguous property continues to Monday through Friday, except Federal property consists of land that is vacant, remain unused and unimproved. This holidays. unimproved, and landlocked. It is portion of land is not suitable for future FOR FURTHER INFORMATION CONTACT: separated from the airport operations airport development and is identified on Brenda Robeson, Office of Rulemaking, area by a public highway. The land sat the airport’s FAA-approved Airport Federal Aviation Administration, 800 idle and unused for over 25 years. The Layout Plan for future disposal. Release Independence Avenue SW, Washington, property would be sold at an appraised and sale of the land would not DC 20591, (202) 267–4712. fair market value to the adjacent negatively impact airport operations.

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The sales price would be based on an (DOT) Docket Operations Facility, 1200 DEPARTMENT OF TRANSPORTATION appraised market value. Sale proceeds New Jersey Avenue SE, W12–140, would be deposited in the airport Washington, DC 20590. The Docket Maritime Administration account to be solely expended for the Operations Facility is open from 9 a.m. capital and operating costs of the San to 5 p.m., Monday through Friday, Notice of Funding Opportunity for Luis Obispo Airport, thereby serving the except Federal Holidays. America’s Marine Highway Projects interests of civil aviation. Interested parties are invited to AGENCY: Maritime Administration, DOT. participate in these proceedings by Issued in Brisbane, California, on June 21, ACTION: Notice of funding opportunity. 2018. submitting written views, data, or Patrick Magnotta, comments. FRA does not anticipate SUMMARY: The Consolidated Acting Manager, San Francisco Airports scheduling a public hearing in Appropriations Act, 2018, signed by the District Office, Western-Pacific Region. connection with these proceedings since President on March 23, 2018, [FR Doc. 2018–13839 Filed 6–26–18; 8:45 am] the facts do not appear to warrant a appropriated $7,000,000 to the Short hearing. If any interested parties desire BILLING CODE 4910–13–P Sea Transportation Program, commonly an opportunity for oral comment and a referred to as the America’s Marine public hearing, they should notify FRA, Highway Program (AMHP). The purpose DEPARTMENT OF TRANSPORTATION in writing, before the end of the of the appropriation is to make grants to comment period and specify the basis previously designated Marine Highway Federal Railroad Administration for their request. Projects that support the development All communications concerning these [Docket Number FRA–2001–10660] and expansion of documented vessels, proceedings should identify the or of port and landside infrastructure. Petition for Waiver of Compliance appropriate docket number and may be This notice announces the availability submitted by any of the following of funding for grants and establishes Under part 211 of Title 49 Code of methods: selection criteria and application Federal Regulations (CFR), this • Website: http:// document provides the public notice requirements. www.regulations.gov. Follow the online The Secretary of the U.S. Department that on May 29, 2018, BNSF Railway instructions for submitting comments. (BNSF) petitioned the Federal Railroad • of Transportation (Department) will Fax: 202–493–2251. award Marine Highway Grants to Administration (FRA) for a waiver of • Mail: Docket Operations Facility, compliance from certain provisions of implement projects or components of U.S. Department of Transportation, 1200 projects previously designated by the the Federal railroad safety regulations New Jersey Avenue SE, W12–140, contained at 49 CFR part 218. FRA Secretary of Transportation (Secretary) Washington, DC 20590. under AMHP. Only Marine Highway assigned the petition Docket Number • Hand Delivery: 1200 New Jersey projects designated by the Secretary are FRA–2001–10660. Avenue SE, Room W12–140, eligible for funding as described in this FRA granted BNSF a waiver of certain Washington, DC 20590, between 9 a.m. notice. provisions of 49 CFR part 218 on May and 5 p.m., Monday through Friday, 6, 2002. Subsequently, FRA extended except Federal Holidays. DATES: Applications must be received the waiver in 2007 and 2012. BNSF is Communications received by August by the Maritime Administration by 5 currently petitioning for a renewal of 13, 2018 will be considered by FRA p.m. EDT on October 5, 2018. this waiver for relief from the before final action is taken. Comments ADDRESSES: Grant applications must be requirements in 49 CFR 218.22(c)(5). received after that date will be submitted electronically using Specifically, BNSF seeks to permit train considered if practicable. Grants.gov (https://www.grants.gov). crew members, yard crew members, and Anyone can search the electronic Please be aware that you must complete utility employees to remove and replace form of any written communications the Grants.gov registration process batteries in two-way end-of-train (EOT) and comments received into any of our before submitting your application, and devices, while the EOT device is in dockets by the name of the individual that the registration process usually place on the rear of the train to which submitting the comment (or signing the takes 2 to 4 weeks to complete. the individual has been assigned, document, if submitted on behalf of an Applicants are strongly encouraged to without establishing any blue signal association, business, labor union, etc.). make submissions in advance of the protection. Under 5 U.S.C. 553(c), DOT solicits deadline. In its petition, BNSF states such relief comments from the public to better FOR FURTHER INFORMATION CONTACT: For would provide several safety benefits. inform its processes. DOT posts these First, BNSF contends the safety of train further information concerning this comments, without edit, including any Notice, please contact Tori Collins, service employees and utility employees personal information the commenter will be enhanced by reducing the time Office of Ports & Waterways Planning, provides, to www.regulations.gov, as Room W21–315, Maritime such employees are performing a safety described in the system of records sensitive task by eighty percent. Second, Administration, U.S. Department of notice (DOT/ALL–14 FDMS), which can Transportation, 1200 New Jersey Ave. train service employees and utility be reviewed at https:// employees will lift and handle SE, Washington, DC 20590, phone 202– www.transportation.gov/privacy. See 366–0795 or email [email protected]. significantly lighter loads. The also https://www.regulations.gov/ ‘‘Smartpack’’ batteries currently used by privacyNotice for the privacy notice of SUPPLEMENTARY INFORMATION: Each BNSF weigh 10.1 pounds or less as regulations.gov. section of this Notice contains opposed to a PULSE EOT device unit information and instructions relevant to weighing 32–34 pounds. Issued in Washington, DC. the application process for these Marine A copy of the petition, as well as any Robert C. Lauby, Highway Grants, and all applicants written communications concerning the Associate Administrator for Railroad Safety, should read this Notice in its entirety so petition, is available for review online at Chief Safety Officer. that they have the information they www.regulations.gov and in person at [FR Doc. 2018–13826 Filed 6–26–18; 8:45 am] need to submit eligible and competitive the U.S. Department of Transportation’s BILLING CODE 4910–06–P applications. Applications received after

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the deadline will not be considered public entity or a private-sector entity components, including planning except in the case of unforeseen who has been referred to the Program studies, that the Secretary has technical difficulties as outlined below Office, with written explanation, as part previously designated as Marine in Section D.4. of the application). Grant applicants Highway Projects are eligible for this must have operations, or administrative round of grant funding, and they must Table of Contents areas of responsibility, that are adjacent support the development and expansion A. Program Description to or near the relevant designated of documented vessels or of port and B. Federal Award Information Marine Highway Project. Eligible grant landside infrastructure. The current list C. Eligibility Information applicants include State governments of designated Marine Highway Projects D. Application and Submission Information E. Application Review Information (including State departments of can be found on the Marine Highway F. Federal Award Administration transportation), metropolitan planning website at: https://www.marad.dot.gov/ Information organizations, port authorities, and wp-content/uploads/pdf/Click-here-for- G. Federal Awarding Agency Contacts tribal governments, or private sector Marine-Highway-Project-Designations- operators of marine highway services 1.pdf. A. Program Description within designated Marine Highway D. Application and Submission Section 55601 of Title 46, United Projects. Information States Code, directs the Secretary to Project applicants are encouraged to establish a short sea transportation grant develop coalitions and public/private 1. Address To Request Application program to implement projects or partnerships, which might include Package components of designated marine vessel owners and operators; third-party highway projects. The grant funds logistics providers; trucking companies; Applications may be found at and currently available are for projects shippers; railroads; port authorities; must be submitted through Grants.gov. related to documented vessels and to state, regional, and local transportation Applications must include the Standard port and landside infrastructure. planners; environmental organizations; Form 424 (Application for Federal Assistance), which is available on the B. Federal Award Information impacted communities; or any combination of entities working in Grants.gov website at https:// The Secretary, through the Maritime collaboration on a single grant www.grants.gov/web/grants/forms/sf- Administration (MARAD), intends to application that can be submitted by the 424-family.html. award $6,790,000 through grants to the original project applicant or their 2. Content and Form of Application extent that there are qualified designated substitute with written Submission applications. MARAD will seek to referral from the original project obtain the maximum benefit from the applicant. Original project applicants In addition to the SF–424, the available funding by awarding grants to are defined as those public entities application should include all the as many qualified projects as possible; named by the Secretary in the original information requested below. MARAD however, MARAD reserves the right to designated project. All successful grant reserves the right to ask any applicant award all funds to just one project. applicants, whether they are public or for supplemental data but expects MARAD may partially fund applications private entities, must comply with all applications to be complete upon by selecting discrete components of Federal requirements. submission. Incomplete applications projects. The start date and period of If multiple project applicants submit may not be considered for award. performance for each award will depend a joint grant application, they must Applicants are strongly encouraged to on the specific project to which MARAD identify a lead grant applicant as the provide quantitative information, must agree. MARAD will administer primary point of contact. Joint grant including baseline information, that each Marine Highway Grant pursuant to applications must include a description demonstrates the project’s merits and a grant agreement with the Marine of the roles and responsibilities of each economic viability. Highway Grant recipient. applicant and must be signed by each a. Length of Application. The Recipients of prior Marine Highway applicant. Although we encourage a narrative portion of the application Grants in earlier rounds of this program single award recipient, where should be in the standard academic may apply for funding to support circumstances require more than one format (i.e., 12 pt. font, double-spaced) additional phases of a designated award recipient, the application must and must not exceed ten pages. project. However, to be competitive, the identify the recipients of the award. Documentation supporting assertions applicant should demonstrate the extent made in the narrative portion must also 2. Cost Sharing or Matching to which the previously funded project be provided but should be limited to phase has met estimated project An applicant must provide at least 20 relevant information. Website links to schedules and budget, as well as the percent of project costs from non- supporting documentation may be ability to realize the benefits expected Federal sources. The application should provided instead of copies of these for the new award. demonstrate, such as through a letter or materials, though it is important to C. Eligibility Information other documentation, the sources of ensure that the website links are these funds. Preference will be given to currently active and working. At the To be selected for a Marine Highway those projects that provide a larger Grant, an applicant must be an Eligible applicant’s discretion, relevant percentage of costs from non-Federal materials provided previously in Applicant, and the project must be an sources. Eligible Project. support of a Marine Highway Project 3. Other application may be referenced, updated, 1. Eligible Applicants or described as unchanged. To the Eligible grant applicants should be the Eligible Projects extent referenced, this information need original Project Applicant of a project The purpose of this grant program is not be resubmitted in support of a that the Secretary has previously to create new marine highway services Marine Highway Grant application. designated as a Marine Highway Project or to expand existing marine highway b. First Page of Application Narrative. or a substitute (which can be either a services. Only projects or their The first page of the narrative portion of

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the application should provide the g. Certification Requirements. For an generally accepted accounting following items of information: application to be considered for a grant principles (not tax-based accounting (i) Marine Highway Project name (as award, the Chief Executive Officer, or financial statements). If CPA prepared stated on the Marine Highway Program’s equivalent, of the applicant is required financial statements are not available, list of Designated Projects); to certify, in writing, the following: provide the most recent financial (ii) Primary point of contact for (i) That, except as noted in this grant statement for the entity. Do not provide applicant; application, nothing has changed from tax returns. (iii) Total amount of the project cost the original application for formal (v) Statement regarding the in dollars and the amount of grant funds designation as a Marine Highway relationship between applicants and any the applicant is seeking, along with Project; and parents, subsidiaries or affiliates, if any sources and share of matching funds; (ii) The grant applicant will such entity is going to provide a portion (iv) Summary statement of how the administer the project and any funds of the match. grant funding will be applied; received will be spent efficiently and (vi) Evidence documenting (v) Project parties; and effectively; and applicant’s ability to make proposed (vi) Unique Entity Identifier (e.g., (iii) The grant applicant will provide matching requirement (loan agreement, DUNS) number. Recipients of Marine information, data, and reports as commitment from investors, cash on Highway Grants and their first-tier sub- required. balance sheet, etc.). h. Protection of Confidential awardees must have Unique Entity (vii) Pro-forma financial statements Commercial Information. Applicants Identifier numbers (https:// reflecting (a) financial condition should submit, as part of or in support fedgov.dnb.com/webform) and current beginning of period; (b) effect on of an application, publicly available registrations in the System for Award balance sheet of grant and matching data or data that can be made public and Management (https://www.SAM.gov). funds (e.g., a decrease in cash or methodologies that are accepted by c. Contact Information. An increase in debt, additional equity and industry practice and standards to the application must include the name, an increase in fixed assets); and (c) extent possible. If the application phone number, email address, and impact on company’s projected includes information that the applicant business address of the primary point of financial condition (balance sheet) of considers to be a trade secret or contact for the applicant. MARAD will completion of project, showing that confidential commercial or financial use this information to inform company will have sufficient financial information, the applicant should do the applicants of our decision regarding resources to remain in business. following: (1) Note on the front cover selection of grant recipients, as well as (viii) Statement whether during the that the submission contains to contact them if we need additional or past five years, the applicant or any ‘‘Confidential Commercial Information supplemental information regarding an predecessor or related company has (CCI)’’; (2) mark each affected page application. been in bankruptcy or in reorganization ‘‘CCI’’; and (3) highlight or otherwise under Chapter 11 of the Bankruptcy d. Grant Funds and Sources and Uses denote the CCI portions. MARAD will Code, or in any insolvency or of Project Funds. An application should protect such information from reorganization proceedings, and include specific information about the disclosure to the extent allowed under whether any substantial property of the amount of grant funding requested, applicable law. In the event MARAD applicant or any predecessor or related sources and uses of all project funds, receives a Freedom of Information Act company has been acquired in any such total project costs, the percentage of (FOIA) request for the information, proceeding or has been subject to project costs that would be paid with procedures described in the foreclosure or receivership during such Marine Highway Grant funds as well as Department’s FOIA regulation at 49 CFR period. If so, give details. from other Federal sources, and the 7.29 will be followed. Only information (ix) Additional information may be identity and percentage shares of all that is ultimately determined to be requested as deemed necessary by the parties providing funds for the project. confidential under that procedure will Maritime Administration to facilitate e. National Environmental Policy Act be exempt from disclosure under FOIA. and complete its review of the (NEPA) Requirement. Projects selected i. Additional Application Information application. If such information is not for grant award must comply with Needed From Private-Sector Applicants: provided, the Maritime Administration NEPA and any other applicable (i) Written referral from the original may deem the application incomplete environmental laws. If the successful project applicant stating that and cease processing it. environmental review process is the private entity has been referred by (x) Company Officer’s certification of underway but not complete at the time the original project applicant for the each of the following: of the application, the application must relevant designated Marine Highway 1. That the company operates in the detail where the project is in the Project. geographic location of the designated process, indicate the anticipated date of (ii) A description of the entity Marine Highway Project; completion, and provide a website link including (A) location of the 2. That the applicant has the authority or other reference to copies of any headquarters; (B) a description of the to carry out the proposed project: environmental documents prepared. company assets (tugs, barges, etc.); (C) 3. That the applicant has not, and will f. Other Federal, State, and Local years in operation; (D) ownership; (E) not make any prohibited payments out Actions. An application must indicate customer base; and (F) website address, of the requested grant, in accordance whether the proposed project is likely to if any. with the Department of Transportation’s require actions by other agencies (e.g., (iii) Unique entity identifier of parent regulation restricting lobbying, 49 CFR permits or Buy America waivers), company (when applicable): Data part 20. indicate the status of such actions, Universal Numbering System (DUNS + provide a website link or other reference 4 number) (when applicable). 3. Unique Entity Identifier and System to materials submitted to the other (iv) The most recent year-end audited, for Award Management (SAM) agencies, and demonstrate compliance reviewed or compiled financial MARAD will not make an award to an with other Federal, state, or local statements, prepared by a certified applicant until the applicant has regulations and permits as applicable. public accountant (CPA), per U.S. complied with all applicable Unique

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Entity Identifier and SAM requirements. and any of the following criteria found in the designated integrity and Each applicant must be registered in at 46 U.S.C. 55601(g)(2)(B): performance system accessible through SAM before applying, provide a valid (i) The project is financially viable; SAM (currently FAPIIS) (see 41 U.S.C. Unique Entity Identifier number in its (ii) The funds received will be spent 2313). An applicant, at its option, may application, and maintain an active efficiently and effectively; and review information in the designated SAM registration with current (iii) A market exists for the services of integrity and performance systems information throughout the period of the proposed project as evidenced by accessible through SAM and comment the award. Applicants may register with contracts or written statements of intent on any information about itself that a the SAM at www.SAM.gov. Applicants from potential customers. Federal awarding agency previously can obtain a Unique Entity Identifier After applying the above preferences, entered and is currently in the number at http://fedgov.dnb.com/ MARAD will consider the following key designated integrity and performance webform. If an applicant has not fully Departmental objectives: system accessible through SAM. The complied with the requirements by the (A) Supporting economic vitality at Maritime Administration will consider time MARAD is ready to make an the national and regional level; any comments by the applicant, in award, MARAD may determine that the (B) Utilizing alternative funding addition to the other information in the applicant is not qualified to receive a sources and innovative financing designated integrity and performance Federal award under this program. models to attract non-Federal sources of system, in making a judgment about the infrastructure investment; 4. Submission Dates and Times applicant’s integrity, business ethics, (C) Accounting for the life-cycle costs and record of performance under Applications must be received by 5 of the project to promote the state of Federal awards when completing the p.m. EDT on October 5, 2018. Late good repair; review of risk posed by applicants. applications that are the result of failure (D) Using innovative approaches to to register or comply with Grants.gov improve safety and expedite project F. Federal Award Administration application requirements in a timely delivery; and, Information manner will not be considered. (E) Holding grant recipients 1. Federal Award Notices Applicants experiencing technical accountable for their performance and issues with Grants.gov that are beyond achieving specific, measurable Following the evaluation outlined in the applicant’s control must contact outcomes identified by grant applicants. Section E, we will announce the [email protected] or Tim Pickering at 202– In awarding grants under the program, selected grant award recipients on the 366–0704 prior to the deadline with the MARAD will give preference to those MARAD website (https:// user name of the registrant and details projects or components that present the www.marad.dot.gov). of the technical issue experienced. The most financially viable marine highway 2. Administrative and National Policy applicant must provide: (1) Details of transportation services and require the Requirements the technical issue experienced; (2) lowest total percentage Federal share of screen capture(s) of the technical issue the costs. MARAD will also give special All awards must be administered experienced along with the consideration to projects which pursuant to the ‘‘Uniform corresponding ‘‘Grant tracking number’’ emphasize improved infrastructure Administrative Requirements, Cost that is provided via Grants.gov; (3) the condition, or facilitate economic or Principles and Audit Requirements for ‘‘Legal Name’’ for the applicant that was competitiveness in rural areas. Federal Awards’’ found at 2 CFR part provided in the SF–424; (4) the name 200, as adopted by the Department at 2 and contact information for the person 2. Review and Selection Process CFR part 1201. Additionally, all to be contacted on matters involving Upon receipt, MARAD will evaluate applicable Federal laws and regulations submission that is included on the SF– the application using the criteria will apply to projects that receive 424; (5) the Unique Entity Identifier outlined above. Upon completion of the Marine Highway Grants. The period number (e.g., DUNS) associated with the technical review, MARAD will forward following award that a project is application; and (6) the Grants.gov Help the applications to a Department inter- expected to expend grant funds and Desk Tracking Number. agency review team (Intermodal Review start construction, acquisition, or Team). The Intermodal Review Team procurement will be considered on a 5. Funding Restrictions will include members of MARAD, other case-by-case basis and will be specified MARAD will not allow Operating Administrations, and in the project-specific grant agreement. reimbursement of any pre-Federal representatives from the Office of the We reserve the right to revoke any award costs that may have been Secretary of Transportation. The award of Marine Highway Grant funds incurred by an applicant. Intermodal Review Team will assign and to award such funds to another Grant funds may only be used for the ratings of ‘‘highly recommended,’’ project to the extent that such funds are purposes described in 46 U.S.C. ‘‘recommended,’’ ‘‘not recommended,’’ not expended in a timely or acceptable 55601(b)(1) and (3) and may not be used ‘‘incomplete,’’ or ‘‘not eligible’’ for each manner and in accordance with the as an operating subsidy. application based on the criteria set project schedule. Federal wage rate 6. Other Submission Requirements forth above. The Intermodal Review requirements included at 40 U.S.C. Team will provide their findings to the 3141–3148 apply to all projects Grant applications must be submitted Program Office. The Program Office will receiving funds under this program and electronically using Grants.gov https:// use those findings to inform the apply to all parts of the project, whether www.grants.gov). recommendations that will be made to funded with other Federal funds or non- E. Application Review Information the Maritime Administrator and the Federal funds. Secretary. 1. Selection Criteria 3. Reporting When reviewing grant applications, 3. FAPIIS Check Award recipients are required to MARAD will consider how the The Maritime Administration is submit quarterly reports, signed by an proposed service could satisfy, in whole required to review and consider any officer of the recipient, to the Program or in part, 46 U.S.C. 55601(b)(1) and (3) information about the applicant that is Office to keep MARAD informed of all

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activities during the reporting period. foreign content is granted an exception on August 29, 2017, for a decision that The reports will indicate progress made, or waiver from Buy American or Buy the subject noncompliance, present in planned activities for the next period, America requirements, a Cargo each model, is inconsequential as it and a listing of any purchases made Preference requirement may apply. relates to motor vehicle safety. with grant funds during the reporting Applications should expressly address FOR FURTHER INFORMATION CONTACT: period. In addition, the report will how the applicant plans to comply with Joshua Campbell, Office of Vehicle include an explanation of any deviation domestic-preference requirements and Safety Compliance, NHTSA, telephone from the projected budget and timeline. whether there are any potential foreign- (202) 366–5307, facsimile (202) 366– Quarterly status reports will also content issues with their proposed 3081. contain, at a minimum, the following: project. In accord with the Executive SUPPLEMENTARY INFORMATION: (1) A statement as to whether the award Order 13788, applications that use grant recipient has used the grant funds funds for domestic-content purchases I. Overview consistent with the terms contemplated will be viewed favorably. Autocar has determined that certain in the grant agreement; (2) if applicable, G. Federal Awarding Agency Contacts MY 2014–2018 Autocar Xspotter and a description of the budgeted activities Xpeditor trucks do not fully comply not procured by recipient; (3) if For further information concerning with Table 2 of FMVSS No. 101, applicable, the rationale for recipient’s this notice, please contact Tori Collins, Controls and Displays (49 CFR 571.101). failure to execute the budgeted Office of Ports & Waterways Planning, Autocar filed noncompliance reports activities; (4) if applicable, an Room W21–315, Maritime dated June 12, 2017; June 14, 2017; and explanation as to how and when Administration, U.S. Department of later revised one of their reports on recipient intends to accomplish the Transportation, 1200 New Jersey Ave. August 29, 2017, pursuant to 49 CFR purposes of the grant agreement; and (5) SE, Washington, DC 20590, phone 202– part 573, Defect and Noncompliance a budget summary showing funds 366–0795 or email [email protected]. Responsibility and Reports. Autocar also expended since commencement, To ensure applicants receive accurate submitted two petitions to NHTSA on anticipated expenditures for the next information about eligibility, the June 19, 2017, and submitted reporting period, and expenditures program, or in response to other supplemental petitions on August 29, compared to overall budget. questions, applicants are encouraged to 2017, for an exemption from the For all non-planning grants, grant contact MARAD directly, rather than notification and remedy requirements of award recipients will also collect through intermediaries or third parties. 49 U.S.C. Chapter 301 on the basis that information and report on the project’s * * * * * this noncompliance is inconsequential observed performance with respect to Dated: June 22, 2018. as it relates to motor vehicle safety, the relevant long-term outcomes that are pursuant to 49 U.S.C. 30118(d) and expected to be achieved through the By Order of the Maritime Administrator. 30120(h) and 49 CFR part 556. project. Performance indicators will not T. Mitchell Hudson, Jr., Notices of receipt of the petitions include formal goals or targets, but will Secretary, Maritime Administration. were published with a 30-day public include observed measures under [FR Doc. 2018–13798 Filed 6–26–18; 8:45 am] comment period, on August 16, 2017, in baseline (pre-project) as well as post- BILLING CODE 4910–81–P the Federal Register (82 FR 38995) and implementation outcomes for an agreed- (82 FR 38999). No comments were upon timeline, and will be used to received. evaluate and compare projects and DEPARTMENT OF TRANSPORTATION monitor the results that grant funds II. Vehicles Involved achieve to the intended long-term National Highway Traffic Safety Approximately 644 MY 2014–2018 outcomes of the AMHP. Performance Administration Autocar Xspotter trucks, manufactured reporting continues for several years [Docket No. NHTSA–2017–0063; Notice 2; between September 12, 2013 and after project construction is completed, Docket No. NHTSA–2017–0065; Notice 2] August 4, 2017, and approximately and MARAD does not provide 5,545 MY 2014–2018 Autocar Xpeditor America’s Marine Highway funding Autocar Industries, LLC and Autocar, trucks, manufactured between specifically for performance reporting. LLC, Grant of Petitions for Decision of September 3, 2013, and June 2, 2017, are 4. Requirements for Domestic Content Inconsequential Noncompliance potentially involved. (‘‘Buy American,’’ ‘‘Buy America,’’ and AGENCY: National Highway Traffic III. Noncompliance ‘‘Cargo Preference’’) Safety Administration (NHTSA), Autocar explains that the Consistent with the requirements of Department of Transportation (DOT). noncompliance is that the low brake air section 410 of Title IV of Division L, ACTION: Grant of petitions. pressure telltale for air brake systems Transportation, Housing and Urban displays the word ‘‘BRAKE PRESSURE’’ Development, and Related Agencies SUMMARY: Autocar Industries, LLC and along with a symbol specified in Appropriations Act, 2018, of the Autocar, LLC (collectively referred to as Canadian Motor Vehicle Safety Consolidated Appropriations Act, 2018 ‘‘Autocar’’), have determined that Standard (CMVSS) 101 rather than the (Pub. L. 115–141), the Buy American certain model year (MY) 2014–2018 words ‘‘Brake Air’’ as specified in Table requirements of Chapter 83 of Title 41 Autocar Xspotter and Xpeditor trucks 2 of FMVSS No. 101. Autocar states that U.S.C. apply to funds made available do not fully comply with Federal Motor the telltale is accompanied by an under this Notice of Funding Vehicle Safety Standard (FMVSS) No. audible alert and pressure gauges. Opportunity. Depending on other 101, Controls and Displays. Autocar funding streams, the project may be filed noncompliance reports dated June IV. Rule Requirements subject to ‘‘Buy America’’ requirements. 12, 2017; June 14, 2017; and later Paragraphs S5 and S5.2.1 of FMVSS If a project intends to use any product revised one of their reports on August No. 101, include the requirements with foreign content or of foreign origin, 29, 2017. Autocar also submitted two relevant to this petition: this information should be listed and petitions to NHTSA on June 19, 2017, • Each passenger car, multipurpose addressed in the application. If certain and submitted supplemental petitions passenger vehicle, truck and bus that is

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fitted with a control, a telltale, or an indicating the level of air pressure in 1. When a low air pressure situation indicator listed in Table 1 or Table 2 the system exists, for both a parked or moving must meet the requirements of FMVSS • Red contrasting color on the air vehicle, the ‘‘BRAKE PRESSURE’’ No. 101 for the location, identification, gauges indicating pressure below 60 telltale will activate in red letters with color, and illumination of that control, PSI a black background. There are no telltale or indicator. requirements in FMVSS No. 101 for the • The functionality of both the parking Each control, telltale and indicator brake system and the service brake color of the telltale, but Autocar’s use of that is listed in column 1 of Table 1 or system remains unaffected by using red, which is an accepted color Table 2 must be identified by the ‘‘BRAKE PRESSURE’’ instead of ‘‘Brake representing an urgent condition, symbol specified for it in column 2 or Air’’ for the telltale in the subject provides a definitive indication of a the word or abbreviation specified for it vehicles. situation that needs attention. in column 3 of Table 1 or Table 2. (d) NHTSA Precedents—Autocar 2. Simultaneous to illumination of the ‘‘BRAKE PRESSURE’’ telltale is V. Summary of Petition notes that NHTSA has previously granted petitions for inconsequential activation of an audible alert, further Autocar described the subject noncompliance for similar brake telltale notifying the operator that a noncompliance and stated it believes issues. See Docket No. NHTSA–2012– malfunction exists requiring corrective that the noncompliance is 0004, 78 FR 69931 (November 21, 2013) action. Although the alert would not in inconsequential as it relates to motor (grant of petition for Ford Motor and of itself identify the problem, a vehicle safety. Company); Docket No. NHTSA–2014– driver would be prompted by the In support of Autocar’s petitions, the 0046, 79 FR 78559 (December 30, 2014) warning tone to heed the telltale (i.e., company submitted the following (grant of petition for Chrysler Group, ‘‘BRAKE PRESSURE’’). arguments: 3. In a low-pressure situation, the (a) Autocar notes that the purpose of LLC); and Docket No. NHTSA–2016– 0103, 82 Federal Register 17084 (April operator is provided additional feedback the low brake air pressure telltale is to by the primary and secondary alert the driver to a low air condition, 7, 2017) (grant of petition for Daimler Trucks North America). In all of these instrument cluster air gauges which are consistent with the requirements of instances, the vehicles at issue did not marked with numerical values in PSI FMVSS No. 121, S5.1.5 (warning meet the exact requirements listed in units along with red contrasting colors signal). The words ‘‘BRAKE FMVSS No. 101, Table 2. The available on the gauges during a low-pressure PRESSURE’’ instead of ‘‘Brake Air,’’ warnings, however, were deemed condition. together with display of the CMVSS sufficient to provide the necessary 4. Further, NHTSA agrees with required symbol and sounding of an driver warning. Autocar respectfully Autocar’s contention that the audible alert that occurs inside the suggests that the same is true for the functionality of the parking brake subject vehicles would alert the driver subject vehicles: the red ‘‘BRAKE system and the braking performance of to an air pressure issue with the brake PRESSURE’’ telltale, the audible alert, the service brake system remain system. Once alerted, the driver can and the contrasting colors on the air unaffected by use of the telltale wording check the actual air pressure by reading pressure gauges are fully sufficient to ‘‘BRAKE PRESSURE’’ instead of ‘‘Brake the primary and secondary air gauges warn the driver of a low brake air Air’’ on the subject vehicles. 5. Lastly, NHTSA believes that, as the and by observing the contrasting color pressure situation. on the gauges indicating low pressure. Autocar concluded by expressing affected trucks are predominately used (b) NHTSA stated in a 2005 FMVSS their belief that the subject as commercial vehicles with No. 101 rulemaking that the reason for noncompliance is inconsequential as it professional drivers, operators will including vehicles over 10,000 pounds relates to motor vehicle safety, and that monitor their vehicle’s condition and GVWR in the application of the NHTSA should grant Autocar’s petitions take note of any warning signs and standard is that drivers of heavier to be exempted from providing gauge readings to ensure proper vehicles need to see and identify their notification of the noncompliance, as functionality of all systems. Autocar displays, just like drivers of lighter required by 49 U.S.C. 30118, and a states, and the agency agrees, that vehicles. See 70 FR 48295, 48298 (Aug. remedy for the noncompliance, as professional drivers will be familiar 17, 2005). Drivers of commercial required by 49 U.S.C. 30120. with the meaning of telltales and other vehicles conduct pre-trip daily Autocar’s petitions and all supporting warnings, and that the feedback inspections. For vehicles with documents are available by logging onto provided to the driver in these vehicles pneumatic brake systems, the in-cab the Federal Docket Management System if a low brake pressure condition exists checks of the air-brake warning light (FDMS) website at: https:// would be well understood. and buzzer would familiarize the driver www.regulations.gov and following the NHTSA concludes that simultaneous with the specific telltale display and online search instructions to locate the activation of the red ‘‘BRAKE audible warning in the event a low-air docket numbers listed in the title of this PRESSURE’’ telltale with a black condition was to occur during notice. contrasting background, an audible alert operation. for a low air pressure condition, along (c) There are two scenarios when a VI. NHTSA’s Analysis with the primary and secondary air low brake air pressure condition would NHTSA has considered the arguments gauge indicators, and the reduced exist: a parked vehicle and a moving presented in Autocar’s petitions and has drivability of the vehicles under a low vehicle. In both conditions, the driver determined that the subject air pressure condition, provide adequate would be alerted to a low-air condition noncompliance is inconsequential to notification to the operator that a brake by the following means: motor vehicle safety. NHTSA believes malfunction exists. NHTSA further • Red contrasting color of the telltale that the subject noncompliance poses no concludes that the discrepancy with the indicating ‘‘BRAKE PRESSURE’’ risk to motor vehicle safety because telltale requirement is unlikely to lead • Audible alert to the driver as long as multiple sources of information, as to any misunderstanding since other the vehicle has low air described in the petition and discussed sources of correct information beyond • Air pressure gauges for the primary below, are simultaneously activated to the ‘‘BRAKE PRESSURE’’ telltale are and secondary air reservoirs clearly warn the driver of a low air condition. always provided.

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VII. NHTSA’s Decision collection as required by the Paperwork Review’’ section heading, from the drop- In consideration of the foregoing, Reduction Act of 1995 (PRA). down menu, select ‘‘Department of In accordance with the requirements NHTSA finds that Autocar has met its Treasury’’ and then click ‘‘submit.’’ This of the PRA, the OCC may not conduct burden of persuasion that the FMVSS information collection can be located by or sponsor, and the respondent is not No. 101 noncompliance is, in each case, searching by OMB control number required to respond to, an information ‘‘1557–0326’’ or ‘‘Loans in Areas Having inconsequential as it relates to motor collection unless it displays a currently Special Flood Hazards.’’ Upon finding vehicle safety. Accordingly, Autocar’s valid Office of Management and Budget the appropriate information collection, petitions are hereby granted, and (OMB) control number. click on the related ‘‘ICR Reference Autocar is consequently exempted from The OCC is soliciting comment Number.’’ On the next screen, select the obligation to provide notification of, concerning the renewal of its ‘‘View Supporting Statement and Other and remedy for, the subject information collection titled ‘‘Loans in Documents’’ and then click on the link noncompliance in the affected vehicles Areas Having Special Flood Hazards.’’ to any comment listed at the bottom of under 49 U.S.C. 30118 and 30120. The OCC also is giving notice that the the screen. NHTSA notes that the statutory information collection has been • For assistance in navigating provisions (49 U.S.C. 30118(d) and submitted to OMB for review. www.reginfo.gov, please contact the 30120(h)) that permit manufacturers to DATES: Regulatory Information Service Center file petitions for a determination of Comments must be received by July 27, 2018. at (202) 482–7340. inconsequentiality allow NHTSA to • Viewing Comments Personally: You exempt manufacturers only from the ADDRESSES: Commenters are encouraged to submit comments by email, if may personally inspect comments at the duties found in sections 30118 and OCC, 400 7th Street SW, Washington, 30120, respectively, to notify owners, possible. You may submit comments by any of the following methods: DC. For security reasons, the OCC purchasers, and dealers of a defect or • requires that visitors make an noncompliance and to remedy the Email: [email protected]. • Mail: Legislative and Regulatory appointment to inspect comments. You defect or noncompliance. Therefore, this Activities Division, Office of the may do so by calling (202) 649–6700 or, decision only applies to the subject Comptroller of the Currency, Attention: for persons who are deaf or hearing vehicles that Autocar no longer 1557–0326, 400 7th Street SW, suite 3E– impaired, TTY, (202) 649–5597. Upon controlled at the time it determined that 218, Washington, DC 20219. arrival, visitors will be required to the noncompliance existed. However, • Hand Delivery/Courier: 400 7th present valid government-issued photo the granting of these petitions does not Street SW, Suite 3E–218, Washington, identification and submit to security relieve vehicle distributors and dealers DC 20219. screening in order to inspect comments. of the prohibitions on the sale, offer for • Fax: (571) 465–4326. FOR FURTHER INFORMATION CONTACT: sale, or introduction or delivery for Instructions: You must include Sharon A. Johnson, OCC Clearance introduction into interstate commerce of ‘‘OCC’’ as the agency name and ‘‘1557– Officer, (202) 649–5490 or, for persons the noncompliant vehicles under their 0326’’ in your comment. In general, the who are deaf or hearing impaired, TTY, control after Autocar notified them that OCC will publish your comment on (202) 649–5597, Legislative and the subject noncompliance existed. www.reginfo.gov without change, Regulatory Activities Division, Office of Authority: 49 U.S.C. 30118, 30120: including any business or personal the Comptroller of the Currency, 400 7th delegations of authority at 49 CFR 1.95 and information that you provide, such as Street SW, Suite 3E–218, Washington, 501.8. name and address information, email DC 20219. Michael A. Cole, addresses, or phone numbers. SUPPLEMENTARY INFORMATION: Under the Acting Director, Office of Vehicle Safety Comments received, including PRA (44 U.S.C. 3501–3520), federal Compliance. attachments and other supporting agencies must obtain approval from the materials, are part of the public record OMB for each collection of information [FR Doc. 2018–13830 Filed 6–26–18; 8:45 am] and subject to public disclosure. Do not that they conduct or sponsor. BILLING CODE 4910–59–P include any information in your ‘‘Collection of information’’ is defined comment or supporting materials that in 44 U.S.C. 3502(3) and 5 CFR you consider confidential or 1320.3(c) to include agency requests or DEPARTMENT OF THE TREASURY inappropriate for public disclosure. requirements that members of the public Additionally, please send a copy of submit reports, keep records, or provide Office of the Comptroller of the your comments by mail to: OCC Desk information to a third party. The OCC Currency Officer, 1557–0326, U.S. Office of asks OMB to extend its approval of the Management and Budget, 725 17th following information collection. Agency Information Collection Street NW, #10235, Washington, DC Title: Loans in Areas Having Special Activities: Information Collection 20503 or by email to oira_submission@ Flood Hazards. Renewal; Submission for OMB Review; omb.eop.gov. OMB Control No.: 1557–0326. Loans in Areas Having Special Flood You may review comments and other Type of Review: Regular. Hazards related materials that pertain to this Description: This information information collection 1 following the collection is required to evidence AGENCY: Office of the Comptroller of the close of the 30-Day comment period for compliance with the requirements of the Currency (OCC), Treasury. this notice by any of the following federal flood insurance statutes with ACTION: Notice and request for comment. methods: respect to lenders and servicers and set • Viewing Comments Electronically: forth in OCC regulations at 12 CFR part SUMMARY: The OCC, as part of its Go to www.reginfo.gov. Click on the 22. These provisions are required by the continuing effort to reduce paperwork ‘‘Information Collection Review’’ tab. National Flood Insurance Act of 1968 and respondent burden, invites the Underneath the ‘‘Currently under and the Flood Disaster Protection Act of general public and other federal 1973, as amended.2 The information agencies to take this opportunity to 1 On April 3, 2018, the OCC published a 60-Day comment on a continuing information notice for this information collection. 2 42 U.S.C. 4001–4129.

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collection requirements in part 22 are as flood insurance on the property (c) Ways to enhance the quality, follows: securing the loan is required. Among utility, and clarity of the information to • 12 CFR 22.5—Escrow other things, the borrower notice be collected; Requirements—With certain exceptions includes a description of the flood (d) Ways to minimize the burden of with respect to types of loans and size insurance purchase requirements and the collection on respondents, including of institution, national banks and states that flood insurance is available through the use of automated collection federal savings associations, and their under the National Flood Insurance techniques or other forms of information servicers, must escrow flood insurance Program, where applicable, that flood technology; and premiums and fees for all loans secured insurance may be available from private (e) Estimates of capital or start-up by properties located in a Special Flood insurance companies, and that federal costs and costs of operation, Hazard Area made, increased, extended, disaster relief assistance may be maintenance, and purchase of services or renewed on or after January 1, 2016. available in the event of a declared to provide information. Written notice must be provided federal flood disaster. Dated: June 20, 2018. informing the borrower that the • 12 CFR 22.9(d) and (e)—Record of Karen Solomon, institution is required to escrow all Borrower and Servicer Receipt of Notice premiums and fees for required flood Acting Senior Deputy Comptroller and Chief and Alternate Method of Notice—A Counsel. insurance. national bank or federal savings • [FR Doc. 2018–13745 Filed 6–26–18; 8:45 am] 12 CFR 22.6—Required Use of association must retain a record of the Standard Flood Hazard Determination receipt of the borrower notice by the BILLING CODE 4810–33–P Form—A national bank or federal borrower and the loan servicer for the savings association must use the period of time the bank or savings DEPARTMENT OF THE TREASURY Standard Flood Hazard Determination association owns the loan. In lieu of Form developed by FEMA. providing the borrower notice, a • 12 CFR 22.6(b)—Retention of Internal Revenue Service national bank or federal savings Standard Flood Hazard Determination association may obtain a satisfactory Proposed Collection; Comment Form—A national bank or federal written assurance from a seller or lessor Request for Regulation Project savings association must retain a copy that, within a reasonable time before of the completed Standard Flood Hazard AGENCY: Internal Revenue Service (IRS), completion of the sale or lease Determination Form for the period of Treasury. transaction, the seller or lessor has time the bank or savings association provided such notice to the purchaser or ACTION: Notice and request for owns the loan. comments. • 12 CFR 22.7—Notice of Forced lessee. The bank or savings association must retain a record of the written Placement of Flood Insurance—If a SUMMARY: The Internal Revenue Service, national bank, federal savings assurance from the seller or lessor for as part of its continuing effort to reduce association, or its loan servicer the period of time the bank or savings paperwork and respondent burden, determines during the period of time the association owns the loan. • invites the general public and other bank or savings association owns the 12 CFR 22.10—Notices to FEMA— Federal agencies to take this loan that the property securing the loan A national bank or federal savings opportunity to comment on proposed is not covered by adequate flood association making, increasing, and/or continuing information insurance, the national bank, federal extending, renewing, selling, or collections, as required by the savings association, or its loan servicer transferring a loan secured by property Paperwork Reduction Act of 1995. The must notify the borrower that the located in a special flood hazard area IRS is soliciting comments concerning borrower should obtain adequate flood must notify the Administrator of FEMA Revenue Procedure 2015–41—Section insurance coverage (forced placement (or FEMA’s designee) of the identity of 482—Allocation of Income and notice). The forced placement notice the loan servicer (notice of servicer) and Deductions Among Taxpayers. must notify the Administrator of FEMA informs the borrower of the amount of DATES: Written comments should be flood insurance to purchase. If the of any change in the loan servicer (notice of servicer transfer) within 60 received on or before August 27, 2018 borrower fails to purchase insurance, to be assured of consideration. the bank, savings association, or its days of such change. ADDRESSES: servicer must purchase insurance on the Affected Public: Businesses or other Direct all written comments borrower’s behalf and may charge the for-profit. to Laurie Brimmer, Internal Revenue borrower for the premiums and fees. Estimated Number of Respondents: Service, Room 6526, 1111 Constitution The insurance provider must be notified 1,550. Avenue NW, Washington, DC 20224. to terminate any insurance purchased Estimated Total Annual Burden: FOR FURTHER INFORMATION CONTACT: by an institution or servicer within 30 106,951. Requests for additional information or days of receipt of confirmation of a Frequency of Response: On occasion. copies of the regulation should be borrower’s existing flood insurance The OCC issued a notice for 60 days directed to Sara Covington, at (202) coverage. of comment regarding this collection on 317–6038, Internal Revenue Service, • 12 CFR 22.9—Notice to Borrower April 2, 2018, 83 FR 14314. No Room 6526, 1111 Constitution Avenue and Servicer—A national bank or comments were received. Comments NW, Washington, DC 20224, or through federal savings association making, continue to be invited on: the internet at [email protected]. extending, increasing, or renewing a (a) Whether the collection of SUPPLEMENTARY INFORMATION: loan secured by property located in a information is necessary for the proper Title: Revenue Procedure 2015–41 special flood hazard area must provide performance of the functions of the (Formerly 2006–9)—Section 482— a notice to the borrower and loan OCC, including whether the information Allocation of Income and Deductions servicer (borrower notice). The borrower has practical utility; Among Taxpayers. notice advises the borrower that the (b) The accuracy of the OCC’s OMB Number: 1545–1503. property securing the loan is located in estimate of the burden of the collection Regulation Project Number: Revenue a special flood hazard area and that of information; Procedure 2015–41.

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Abstract: This revenue procedure DEPARTMENT OF THE TREASURY Estimated Number of Responses: provides guidance on the process of 40,000. requesting and obtaining advance Internal Revenue Service Estimated Average Time per pricing agreements from the advance Response: 42.96 hours. pricing agreement and mutual Proposed Collection; Comment Estimated Total Annual Burden agreement program (‘‘APMA’’), to Request for Forms 5310 and 6088 Hours: 1,718,300. The following paragraph applies to all process applications, negotiate AGENCY: Internal Revenue Service (IRS), of the collections of information covered agreements, and to verify compliance Treasury. with agreements and whether by this notice: ACTION: Notice and request for agreements require modification. An agency may not conduct or Current Actions: There are no changes comments. sponsor, and a person is not required to respond to, a collection of information being made to the revenue procedure at SUMMARY: The Internal Revenue Service, unless the collection of information this time. as part of its continuing effort to reduce Type of Review: Extension of a displays a valid OMB control number. paperwork and respondent burden, Books or records relating to a currently approved collection. invites the general public and other Affected Public: Business or other for- collection of information must be Federal agencies to take this retained as long as their contents may profit; individuals or households. opportunity to comment on proposed Estimated Number of Respondents: become material in the administration and/or continuing information 390. of any internal revenue law. Generally, collections, as required by the Estimated Time per Respondent: 27.9 tax returns and tax return information Paperwork Reduction Act of 1995. The hours. are confidential, as required by 26 Estimated Total Annual Burden IRS is soliciting comments concerning U.S.C. 6103. Hours: 10,900. Form 5310, Application for Request for Comments: Comments The following paragraph applies to all Determination for Terminating Plan, submitted in response to this notice will of the collections of information covered and Form 6088, Distributable Benefits be summarized and/or included in the by this notice: from Employee Pension Benefit Plans. request for OMB approval. All An agency may not conduct or DATES: Written comments should be comments will become a matter of sponsor, and a person is not required to received on or before August 27, 2018 public record. Comments are invited on: respond to, a collection of information to be assured of consideration. (a) Whether the collection of unless the collection of information ADDRESSES: Direct all written comments information is necessary for the proper displays a valid OMB control number. to Laurie Brimmer, Internal Revenue performance of the functions of the Books or records relating to a Service, Room 6526, 1111 Constitution agency, including whether the collection of information must be Avenue NW, Washington, DC 20224. information shall have practical utility; retained as long as their contents may FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the agency’s estimate become material in the administration Requests for additional information or of the burden of the collection of of any internal revenue law. Generally, copies of the forms and instructions information; (c) ways to enhance the tax returns and tax return information should be directed to Sara Covington, at quality, utility, and clarity of the are confidential, as required by 26 Internal Revenue Service, Room 6526, information to be collected; (d) ways to U.S.C. 6103. 1111 Constitution Avenue NW, minimize the burden of the collection of Request for Comments: Comments Washington, DC 20224, or at (202) 317– information on respondents, including submitted in response to this notice will 6038, or through the internet, at through the use of automated collection be summarized and/or included in the [email protected]. techniques or other forms of information request for OMB approval. All technology; and (e) estimates of capital SUPPLEMENTARY INFORMATION: comments will become a matter of or start-up costs and costs of operation, Title: Form 5310, Application for public record. Comments are invited on: maintenance, and purchase of services Determination for Terminating Plan, (a) Whether the collection of to provide information. information is necessary for the proper and Form 6088, Distributable Benefits Approved: June 18, 2018. performance of the functions of the from Employee Pension Benefit Plans. agency, including whether the OMB Number: 1545–0202. Laurie Brimmer, information shall have practical utility; Form Number: Forms 5310 and 6088. Senior Tax Analyst. (b) the accuracy of the agency’s estimate Abstract: Employers who have [FR Doc. 2018–13749 Filed 6–26–18; 8:45 am] of the burden of the collection of qualified deferred compensation plans BILLING CODE 4830–01–P information; (c) ways to enhance the can take an income tax deduction for quality, utility, and clarity of the contributions to their plans. Form 5310 information to be collected; (d) ways to is used to request an IRS determination DEPARTMENT OF THE TREASURY minimize the burden of the collection of letter about the plan’s qualification Internal Revenue Service information on respondents, including status (qualified or non-qualified) under through the use of automated collection Internal Revenue Code sections 401(a) or 403(a) of a pension. Form 6088 is Proposed Collection; Comment techniques or other forms of information Request for Regulation Project technology; and (e) estimates of capital used by the IRS to analyze an or start-up costs and costs of operation, application for a determination letter on AGENCY: Internal Revenue Service (IRS), maintenance, and purchase of services the qualification of the plan upon Treasury. to provide information. termination. ACTION: Notice and request for Current Actions: There are no changes comments. Approved: June 18, 2018. being made to the forms at this time. Laurie Brimmer, Type of Review: Extension of a SUMMARY: The Internal Revenue Service, Senior Tax Analyst. currently approved collection. as part of its continuing effort to reduce [FR Doc. 2018–13748 Filed 6–26–18; 8:45 am] Affected Public: Business or other for- paperwork and respondent burden, BILLING CODE 4830–01–P profit organizations. invites the general public and other

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Federal agencies to take this tax returns and tax return information 20503, or email at OIRA_Submission@ opportunity to comment on proposed are confidential, as required by 26 OMB.EOP.gov and (2) Treasury PRA and/or continuing information U.S.C. 6103. Clearance Officer, 1750 Pennsylvania collections, as required by the Request for Comments: Comments Ave. NW, Suite 8142, Washington, DC Paperwork Reduction Act of 1995. submitted in response to this notice will 20220, or email at [email protected]. Currently, the IRS is soliciting be summarized and/or included in the FOR FURTHER INFORMATION CONTACT: comments concerning requirements request for OMB approval. All Copies of the submissions may be respecting the adoption or change of comments will become a matter of obtained from Jennifer Quintana by accounting method; extensions of time public record. Comments are invited on: emailing [email protected], calling to make elections. (a) Whether the collection of (202) 622–0489, or viewing the entire DATES: Written comments should be information is necessary for the proper information collection request at received on or before August 27, 2018 performance of the functions of the www.reginfo.gov. agency, including whether the to be assured of consideration. SUPPLEMENTARY INFORMATION: ADDRESSES: Direct all written comments information shall have practical utility; to Laurie Brimmer, Internal Revenue (b) the accuracy of the agency’s estimate Bureau of the Fiscal Service (FS) of the burden of the collection of Service, Room 6526, 1111 Constitution Title: Schedule of Excess Risks. Avenue NW, Washington, DC 20224. information; (c) ways to enhance the OMB Control Number: 1530–0062. quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: Type of Review: Extension without information to be collected; (d) ways to Requests for additional information or change of a currently approved minimize the burden of the collection of copies of the regulation should be collection. information on respondents, including directed to LaNita Van Dyke at (202) Abstract: Listing of Excess Risks through the use of automated collection 317–6009, at Internal Revenue Service, written or assumed by Treasury techniques or other forms of information Room 6526, 1111 Constitution Avenue Certified Companies for compliance technology; and (e) estimates of capital NW, Washington, DC 20224, or through with Treasury Regulations to assist in or start-up costs and costs of operation, the internet, at [email protected]. determination of solvency of Certified maintenance, and purchase of services companies for the benefit of writing SUPPLEMENTARY INFORMATION: to provide information. Title: Requirements Respecting the Federal surety bonds. Adoption or Change of Accounting Approved: June 20, 2018. Form: FS Form 285–A. Method; Extensions of Time to Make Laurie Brimmer, Affected Public: Businesses or other Elections. Senior Tax Analyst. for-profits. OMB Number: 1545–1488. [FR Doc. 2018–13750 Filed 6–26–18; 8:45 am] Estimated Total Annual Burden Regulation Project Number: TD 8742. BILLING CODE 4830–01–P Hours: 5,800. Abstract: This final regulation Title: Implementing Regulations: provides the procedures for requesting Government Securities Act of 1986, as an extension of time to make certain DEPARTMENT OF THE TREASURY amended. elections, including changes in OMB Control Number: 1530–0064. accounting method and accounting Agency Information Collection Type of Review: Revision of a period. In addition, the regulation Activities; Submission for OMB currently approved collection. provides the standards that the IRS will Review; Comment Request; Multiple Abstract: The regulations require use in determining whether to grant Fiscal Service Information Collection government securities broker and taxpayers extensions of time to make Requests dealers to make and keep certain these elections. records concerning their business AGENCY: Departmental Offices, U.S. Current Actions: There is no change to activities and their holdings of Department of the Treasury. this existing regulation. government securities, to submit Type of Review: Extension of ACTION: Notice. financial reports, and to make certain disclosures to investors. The regulations currently approved collection. SUMMARY: The Department of the also require depository institutions to Affected Public: Business or other for- Treasury will submit the following profit organizations, individuals, not- keep certain records of non-fiduciary information collection requests to the custodial holdings of government for-profit institutions, and farms. Office of Management and Budget Estimated Number of Respondents: securities. The regulations and (OMB) for review and clearance in 500. associated collections are fundamental accordance with the Paperwork Estimated Time per Respondent: 10 to customer protection and dealer Reduction Act of 1995, on or after the hours. financial responsibility. date of publication of this notice. The Estimated Total Annual Burden Form: G–FIN–4, G–FIN–5, G–405. public is invited to submit comments on Hours: 5,000. Affected Public: Businesses or other The following paragraph applies to all these requests. for-profits. of the collections of information covered DATES: Comments should be received on Estimated Total Annual Burden by this notice: or before July 27, 2018 to be assured of Hours: 224,592. An agency may not conduct or consideration. Title: Subscription for Purchase and sponsor, and a person is not required to ADDRESSES: Send comments regarding Issue of U.S. Treasury Securities—State respond to, a collection of information the burden estimate, or any other aspect and Local Government Series. unless the collection of information of the information collection, including OMB Control Number: 1530–0065. displays a valid OMB control number. suggestions for reducing the burden, to Type of Review: Revision of a Books or records relating to a (1) Office of Information and Regulatory currently approved collection. collection of information must be Affairs, Office of Management and Abstract: The information is retained as long as their contents may Budget, Attention: Desk Officer for necessary to establish and maintain the become material in the administration Treasury, New Executive Office accounts for owners of securities of of any internal revenue law. Generally, Building, Room 10235, Washington, DC State and Local Government Series.

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Form: FS Form 4144 series, 5237, Type of Review: Extension without approved regulations provide reporting 5238 & 5377. change of a currently approved and recordkeeping requirements related Affected Public: State and Local collection. to return, payments, and deposits of tax Governments. Abstract: Internal Revenue Code for excise taxes currently reportable on Estimated Total Annual Burden section 108 allows taxpayers to exclude Form 720. Hours: 2,578. from gross income amounts attributable Form: None. Affected Public: Businesses or other Authority: 44 U.S.C. 3501 et seq. to discharge of indebtedness in title 11 cases, insolvency, or qualified farm for-profits. Dated: June 21, 2018. indebtedness. Code section 1081(b) Estimated Total Annual Burden Spencer W. Clark, allows corporations to exclude from Hours: 242,350. Treasury PRA Clearance Officer. gross income amounts attributable to Title: Revenue Procedure 2000–12, [FR Doc. 2018–13779 Filed 6–26–18; 8:45 am] certain transfers of property. The data is Application Procedures for Qualified BILLING CODE 4810–AS–P used to verify adjustments to basis of Intermediary Status under Section 1441; property and reduction of tax attributes. Final Qualified Intermediary Form: Form 982. Withholding Agreement. DEPARTMENT OF THE TREASURY Affected Public: Businesses or other OMB Control Number: 1545–1597. for-profits. Type of Review: Extension without Agency Information Collection Estimated Total Annual Burden change of a currently approved Activities; Submission for OMB Hours: 7,491. collection. Review; Comment Request; Multiple Title: Declaration and Signature for Abstract: Previously approved, IRS Information Collection Requests Electronic and Magnetic Media Filing Revenue Procedure 2000–12 describes Forms: F–8453–EMP, F–8453–FE, F– application procedures for becoming a AGENCY: Departmental Offices, U.S. 8879–EMP and F–8879–F. qualified intermediary and the requisite Department of the Treasury. OMB Control Number: 1545–0967. agreement that a qualified intermediary ACTION: Notice. Type of Review: Revision of a must execute with the IRS. The currently approved collection. information will be used by the IRS to SUMMARY: The Department of the Abstract: Form 8453–EMP is used to ensure compliance with the U.S. Treasury will submit the following authenticate an electronic return withholding system under the 1441 information collection requests to the originator (ERO), if any, to transmit by regulations (especially proper Office of Management and Budget way of third-party. entitlement to treaty benefits). Revenue (OMB) for review and clearance in Form 8453–FE is used to authenticate Procedure 2003–64 amends Revenue accordance with the Paperwork the electronic Form 1041, U.S. Income Procedure 2000–12. Revenue Procedure Reduction Act of 1995, on or after the Tax Return for Estates and Trusts, 2014–39 modifies Revenue Procedure date of publication of this notice. The authorize the electronic filer to transmit 2000–12. Revenue Procedure 2014–47 public is invited to submit comments on via a third-party transmitter, and modifies Revenue Procedure 2003–64. these requests. authorize an electronic fund withdrawal Form: 15345. DATES: Comments should be received on for payment of federal taxes owed. Affected Public: Businesses or other or before July 27, 2018 to be assured of Form 8879–EMP is used if a taxpayer for-profits. consideration. and the electronic return originator Estimated Total Annual Burden ADDRESSES: Send comments regarding (ERO) want to use a personal Hours: 301,018. the burden estimate, or any other aspect identification number (PIN) to Title: Credits for Affected Disaster of the information collection, including electronically sign an electronic Area Employers. suggestions for reducing the burden, to employment tax return. OMB Control Number: 1545–1978. (1) Office of Information and Regulatory Form 8879–F is used by an electronic Type of Review: Extension without Affairs, Office of Management and return originator when the fiduciary change of a currently approved Budget, Attention: Desk Officer for wants to use a personal identification collection. Treasury, New Executive Office number to electronically sign an estate’s Abstract: Form 5884–A is used to Building, Room 10235, Washington, DC or trust’s electronic income tax return, figure the employee retention credit that 20503, or email at OIRA_Submission@ and if applicable consent to electronic an eligible employer who conducted an OMB.EOP.gov and (2) Treasury PRA funds withdrawal. active trade or business in the Hurricane Clearance Officer, 1750 Pennsylvania Forms: 8879–F, 8453–FE, 8453–EMP, Harvey, Irma, or Maria disaster zones Ave. NW, Suite 8142, Washington, DC 8879–EMP. may claim. The credit is equal to 40 20220, or email at [email protected]. Affected Public: Businesses or other percent of qualified wages for each for-profits. eligible employee (up to a maximum of FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden $6,000 in qualified wages per Copies of the submissions may be Hours: 53,783,747. employee). Public Law 115–63, section obtained from Jennifer Quintana by Title: PS–27–91 (TD 8442) Procedural 503 was enacted 9–29–17 and is the emailing [email protected], calling Rules for Excise Taxes Currently authorizing statute for this collection. (202) 622–0489, or viewing the entire Reportable on Form 720; PS–8–95 (TD Form: 5884–A. information collection request at 8685) Deposits of Excise Taxes. Affected Public: Businesses or other www.reginfo.gov. OMB Control Number: 1545–1296. for-profits. SUPPLEMENTARY INFORMATION: Type of Review: Extension without Estimated Total Annual Burden change of a currently approved Hours: 760,000. Internal Revenue Service (IRS) collection. Title: TD 9451—Guidance Necessary Title: Form 982—Reduction of Tax Abstract: Internal Revenue Code To Facilitate Business Election Filing; Attributes Due to Discharge of section 6302(c) authorizes the use of Finalization of Controlled Group Indebtedness (and Section 1082 Basis Government depositaries for the receipt Qualification Rules, TD 9759– Adjustment). of taxes imposed under the internal Limitations on the Importation of Net OMB Control Number: 1545–0046. revenue laws. These previously Built-In Losses.

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OMB Control Number: 1545–2019. assist in timely determination of DEPARTMENT OF VETERANS Type of Review: Revision of a acceptance into the Voluntary AFFAIRS currently approved collection. Disclosure Program. Taxpayers with Abstract: This document contains a undisclosed foreign accounts or entities [OMB Control No. 2900–0791] previously approved final regulation should make a voluntary disclosure Agency Information Collection Activity that provides guidance to taxpayers for because it enables them to become determining which corporations are Under OMB Review: Notice of compliant, avoid substantial civil Disagreement included in a controlled group of penalties and generally eliminate the corporations. REG–161948–05 contains risk of criminal prosecution, including AGENCY: Veterans Benefits proposed regulations under sections penalty sections 6651, 6035, 6038, 6046, Administration, Department of Veterans 334(b)(1)(B) and 362(e)(1) of the Internal 6048, 6651, and 6662. Affairs. Revenue Code of 1986 (Code). The Forms: 14467, 14708, 14654, 14653, ACTION: Notice. proposed regulations apply to certain 15023. non-recognition transfers of loss Affected Public: Individuals or SUMMARY: In compliance with the property to corporations that are subject households. Paperwork Reduction Act (PRA) of to Federal income tax. The proposed Estimated Total Annual Burden 1995, this notice announces that the regulations affect the corporations Hours: 863,638. Veterans Benefits Administration, receiving the loss property. Title: 2018–2021 IRS Customer Department of Veterans Affairs, will Form: None. Satisfaction Surveys. submit the collection of information Affected Public: Businesses or other OMB Control Number: 1545–2250. abstracted below to the Office of for-profits. Type of Review: Extension without Management and Budget (OMB) for Estimated Total Annual Burden change of a currently approved review and comment. The PRA Hours: 375,000. submission describes the nature of the Title: Form 14095—The Health collection. information collection and its expected Coverage Tax Credit (HCTC) Abstract: Surveys conducted under cost and burden and it includes the Reimbursement Request Form. this clearance are used by the Internal OMB Control Number: 1545–2152. Revenue Service to determine levels of actual data collection instrument. Type of Review: Extension without customer satisfaction as well as DATES: Comments must be submitted on change of a currently approved determining issues that contribute to or before July 27, 2018. collection. customer burden. This information will ADDRESSES: Submit written comments Abstract: This form will be used by be used to make quality improvements on the collection of information through HCTC participants to request to products and services. Collecting, www.Regulations.gov, or to Office of reimbursement for health plan analyzing, and using customer opinion Information and Regulatory Affairs, premiums paid prior to the data is a vital component of IRS’s Office of Management and Budget, Attn: commencement of advance payments. Balanced Measures Approach, as VA Desk Officer; 725 17th St. NW, Form: 14095. mandated by Internal Revenue Service Washington, DC 20503 or sent through Affected Public: Individuals or Reform and Restructuring Act of 1998 electronic mail to oira_submission@ households. and Executive Order 12862. omb.eop.gov. Please refer to ‘‘OMB Estimated Total Annual Burden Form: None. Control No. 2900–0791’’ in any Hours: 2,039. Affected Public: Individuals or correspondence. Title: Form 8038–TC—Information households. Return for Tax Credit Bonds. Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: OMB Control Number: 1545–2160. Hours: 35,550. Cynthia Harvey-Pryor, Enterprise Type of Review: Extension without Title: Form 8904—Credit for Oil and Records Service (005R1B), Department change of a currently approved Gas Production from Marginal Wells. of Veterans Affairs, 811 Vermont collection. OMB Control Number: 1545–2278. Avenue NW, Washington, DC 20420, Abstract: Form 8038–TC will be used Type of Review: Extension without (202) 461–5870 or email cynthia.harvey- by issuers of qualified tax-exempt credit change of a currently approved [email protected]. Please refer to ‘‘OMB bonds, including tax credit bonds collection. Control No. 2900–0791’’ in any enacted under the American Recovery Abstract: Public Law 108–357, Title correspondence. and Reinvestment Act of 2009, to III, Subtitle C, section 341(a) has caused SUPPLEMENTARY INFORMATION: capture information required by IRC IRS to develop a credit for oil and gas Authority: 44 U.S.C. 3501–21. section 149(e) using a schedule production from marginal wells, which Title: Notice of Disagreement (VA approach. For applicable types of bond is reflected on Form 8904 and its Form 21–0958). issues, filers will use this form instead instructions. Tax year 2017 will be the OMB Control Number: 2900–0791. of Form 8038, Information Return for first year Form 8904 and its instructions Type of Review: Revision of a Tax-Exempt Private Activity Bond will be released. currently approved collection. Issues. Form: 8904. Form: 8038–TC. Abstract: Veterans use VA Form 21– Affected Public: State, Local, and Affected Public: Businesses or other 0958 to indicate disagreement with a Tribal Governments. for-profits. decision issued by a Regional Office Estimated Total Annual Burden Estimated Total Annual Burden (RO) in order to initiate an appeal. This Hours: 20,294. Hours: 59,200. form is the first step in the appeal Title: Offshore Voluntary Disclosure Authority: 44 U.S.C. 3501 et seq. process. An agency may not conduct or Program (OVDP). Dated: June 21, 2018. OMB Control Number: 1545–2241. sponsor, and a person is not required to Type of Review: Revision of a Spencer W. Clark, respond to a collection of information currently approved collection. Treasury PRA Clearance Officer. unless it displays a currently valid OMB Abstract: The information provided [FR Doc. 2018–13780 Filed 6–26–18; 8:45 am] control number. The Federal Register on the submission form will be used to BILLING CODE 4830–01–P Notice with a 60-day comment period

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soliciting comments on this collection Please refer to ‘‘OMB Control No. collection of information should be of information was published at 83 FR 2900–0695’’ in any correspondence. received on or before August 27, 2018. 75 on April 18, 2018, page 17223. SUPPLEMENTARY INFORMATION: ADDRESSES: Submit written comments Affected Public: Individuals or Authority: Title V of Public Law 110– on the collection of information through Households. 252. Federal Docket Management System Estimated Annual Burden: 36,000 Title: Application for Reimbursement (FDMS) at www.Regulations.gov or to hours. of Licensing or Certification Test Fees. Nancy Kessinger, Veterans Benefits Estimated Average Burden per OMB Control Number: 2900–0695. Administration, Department of Veterans Respondent: 15 minutes. Type of Review: Revision of a Affairs, 810 Vermont Avenue NW, Frequency of Response: One time. currently approved collection. Washington, DC 20420 or email to Estimated Number of Respondents: Abstract: Claimants complete VA [email protected]. Please refer to 144,000. Form 22–0803 to request reimbursement ‘‘OMB Control No. 2900–0740’’ in any By direction of the Secretary. of licensing or certification fees paid. correspondence. During the comment An agency may not conduct or Cynthia D. Harvey-Pryor, period, comments may be viewed online sponsor, and a person is not required to Department Clearance Officer, Office of through FDMS. respond to a collection of information Quality, Privacy and Risk, Department of FOR FURTHER INFORMATION CONTACT: Veterans Affairs. unless it displays a currently valid OMB control number. The Federal Register Cynthia Harvey-Pryor at (202) 461– [FR Doc. 2018–13742 Filed 6–26–18; 8:45 am] Notice with a 60-day comment period 5870. BILLING CODE 8320–01–P soliciting comments on this collection SUPPLEMENTARY INFORMATION: Under the of information was published at 83 FR PRA of 1995, Federal agencies must DEPARTMENT OF VETERANS 36 on February, 22, 2018, pages 7849 obtain approval from the Office of AFFAIRS and 7850. Management and Budget (OMB) for each Affected Public: Individuals or collection of information they conduct [OMB Control No. 2900–0695] Households. or sponsor. This request for comment is Estimate: Annual Burden: 660 hours. being made pursuant to Section Agency Information Collection Activity Estimated Average Burden per 3506(c)(2)(A) of the PRA. Under OMB Review: Application for Respondent: 15 minutes. With respect to the following Reimbursement of Licensing or Frequency of Response: Annually. collection of information, VBA invites Certification Test Fees Estimated Number of Respondents: comments on: (1) Whether the proposed 2,641. AGENCY: Veterans Benefits collection of information is necessary Administration, Department of Veterans By direction of the Secretary. for the proper performance of VBA’s Affairs. Cynthia D. Harvey-Pryor, functions, including whether the ACTION: Notice. Department Clearance Officer, Office of information will have practical utility; Quality, Privacy and Risk, Department of (2) the accuracy of VBA’s estimate of the SUMMARY: In compliance with the Veterans Affairs. burden of the proposed collection of Paperwork Reduction Act (PRA) of [FR Doc. 2018–13816 Filed 6–26–18; 8:45 am] information; (3) ways to enhance the 1995, this notice announces that the BILLING CODE 8320–01–P quality, utility, and clarity of the Veterans Benefits Administration information to be collected; and (4) (VBA), Department of Veterans Affairs, ways to minimize the burden of the will submit the collection of DEPARTMENT OF VETERANS collection of information on information abstracted below to the AFFAIRS respondents, including through the use Office of Management and Budget [OMB Control No. 2900–0740] of automated collection techniques or (OMB) for review and comment. The the use of other forms of information PRA submission describes the nature of Agency Information Collection technology. the information collection and its Activity: Request for Substitution of Authority: 38 U.S.C. 5121(a). expected cost and burden; it includes Claimant Upon Death of Claimant Title: Request for Substitution of the actual data collection instrument. Claimant Upon Death of Claimant. AGENCY: Veterans Benefits DATES: Comments must be submitted on OMB Control Number: 2900–0740. or before July 27, 2018. Administration, Department of Veterans Type of Review: Extension without Affairs. change of a currently approved ADDRESSES: Submit written comments ACTION: Notice. collection. on the collection of information through Abstract: The Department of Veterans www.Regulations.gov, or to Office of SUMMARY: Veteran’s Benefits Affairs (VA), through its Veterans Information and Regulatory Affairs, Administration (VBA), Department of Benefits Administration (VBA), Office of Management and Budget, Attn: Veterans Affairs (VA), is announcing an administers an integrated program of VA Desk Officer; 725 17th St. NW, opportunity for public comment on the benefits and services established by law Washington, DC 20503 or sent through proposed collection of certain for veterans, service personnel, and electronic mail to oirasubmission@ information by the agency. Under the their dependents and/or beneficiaries. omb.eop.gov. Please refer to ‘‘OMB Paperwork Reduction Act (PRA) of Information requested by this form is Control No. 2900–0695’’ in any 1995, Federal agencies are required to authorized under the authority of 38 correspondence. publish notice in the Federal Register U.S.C. 5121A, Payment of Certain FOR FURTHER INFORMATION CONTACT: concerning each proposed collection of Accrued Benefits Upon Death of a Cynthia Harvey-Pryor, Office of Quality, information, including each proposed Beneficiary. Privacy and Risk (OQPR), Department of extension of a currently approved VA Form 21P–0847, Application for Veterans Affairs, 810 Vermont Avenue collection, and allow 60 days for public Request to Substitute Claimant, will be NW, Washington, DC 20420, (202) 461– comment in response to the notice. used to allow claimants to request 5870 or email Cynthia.Haryey-Pryor@ DATES: Written comments and substitution for a claimant who passed va.gov. recommendations on the proposed away prior to VA processing a claim to

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completion. This is only allowed when Federal Docket Management System however, they disproportionately a claimant dies while a claim or appeal (FDMS) at www.Regulations.gov or to impact women. Third, our aims address for any benefit under a law Brian McCarthy, Office of Regulatory the recommendations of the 2012 administered by the VA is pending. The and Administrative Affairs (10B4), Women Veterans Task Force to resolve substitute claimant would be eligible to Department of Veterans Affairs, 810 gaps in serving women Veterans. receive accrued benefits due a deceased Vermont Avenue NW, Washington, DC Further, Legal authority for this data claimant under Section 5121(a). The 20420 or email to Brian.McCarthy4@ collection is found under 38 U.S.C., Part substitute claim must be filed no later va.gov. Please refer to ‘‘OMB Control I, Chapter 5, Section 527 that authorizes than one year after the date of the death No. 2900—NEW’’ in any the collection of data that will allow of the claimant. By law, VA must have correspondence. During the comment measurement and evaluation of the a claimant’s or beneficiary’s written period, comments may be viewed online Department of Veterans Affairs permission (an ‘‘authorization’’) to be a through FDMS. Programs, the goal of which is improved substitute claimant. The claimant or FOR FURTHER INFORMATION CONTACT: health care for Veterans. beneficiary may revoke the Brian McCarthy at (202) 615–9241. Affected Public: Individuals and authorization at any time, except if VA SUPPLEMENTARY INFORMATION: Under the households. has already acted based on the PRA of 1995, Federal agencies must Estimated Annual Burden: permission. obtain approval from the Office of Risk and Protective Factors for Eating Affected Public: Individuals and Management and Budget (OMB) for each Disorders and Healthcare Use Survey— households. collection of information they conduct 1,750 hours. Estimated Annual Burden: 1,557 or sponsor. This request for comment is Eating Disorder Examination—480 hours. being made pursuant to Section hours. Estimated Average Burden per 3506(c)(2)(A) of the PRA. Estimated Average Burden per Respondent: 5 minutes. With respect to the following Respondent: Frequency of Response: Once. Risk and Protective Factors for Eating Estimated Number of Respondents: collection of information, VHA invites Disorders and Healthcare Use Survey— 20,000. comments on: (1) Whether the proposed collection of information is necessary 50 minutes. By direction of the Secretary. for the proper performance of VHA’s Eating Disorder Examination—120 Cynthia D. Harvey-Pryor, functions, including whether the minutes. Department Clearance Officer, Office of information will have practical utility; Frequency of Response: Annually. Quality, Privacy and Risk, Department of (2) the accuracy of VHA’s estimate of Estimated Number of Respondents: Veterans Affairs. the burden of the proposed collection of Risk and Protective Factors for Eating [FR Doc. 2018–13817 Filed 6–26–18; 8:45 am] information; (3) ways to enhance the Disorders and Healthcare Use Survey— BILLING CODE 8320–01–P quality, utility, and clarity of the 2,100. information to be collected; and (4) Eating Disorder Examination—240. ways to minimize the burden of the By direction of the Secretary. DEPARTMENT OF VETERANS collection of information on Cynthia D. Harvey-Pryor, AFFAIRS respondents, including through the use Department Clearance Officer, Office of [OMB Control No. 2900—NEW] of automated collection techniques or Quality, Privacy and Risk, Department of the use of other forms of information Veterans Affairs. Agency Information Collection technology. [FR Doc. 2018–13815 Filed 6–26–18; 8:45 am] Authority: 38 U.S.C., Part I, Chapter 5, Activity: Eating Disorders in Veterans: BILLING CODE 8320–01–P Prevalence, Comorbidity, Risk, and Section 527. Healthcare Use Title: Eating Disorders in Veterans: Prevalence, Comorbidity, Risk, and DEPARTMENT OF VETERANS AGENCY: Veterans Health Healthcare Use. AFFAIRS Administration, Department of Veterans OMB Control Number: 2900—NEW. Affairs. Type of Review: New collection. [OMB Control No. 2900–0744] ACTION: Notice. Abstract: Eating disorders (EDs), including anorexia nervosa, bulimia Agency Information Collection Activity SUMMARY: Veterans Health nervosa, and binge eating disorder, are Under OMB Review: VBA Call Center Administration, Department of Veterans deadly conditions that can be difficult Satisfaction Survey Affairs (VA), is announcing an to detect and treat. EDs are typically not AGENCY: Veterans Benefits opportunity for public comment on the screened for or treated within the VA Administration, Department of Veterans proposed collection of certain healthcare system, possibly because Affairs. information by the agency. Under the many people believe that since Veterans ACTION: Notice. Paperwork Reduction Act (PRA) of are mostly male, they are not affected by 1995, Federal agencies are required to these disorders. The Department of SUMMARY: In compliance with the publish notice in the Federal Register Defense recently put out a call for grants Paperwork Reduction Act (PRA) of concerning each proposed collection of to investigate EDs in military service 1995, this notice announces that the information, including each new members and Veterans, and our Veterans Benefits Administration collection, and allow 60 days for public proposal is currently under review. Our (VBA), Department of Veterans Affairs, comment in response to the notice. proposal also aligns with VA Health will submit the collection of DATES: Written comments and Services Research & Development information abstracted below to the recommendations on the proposed funding Priority F (Women’s Health) for Office of Management and Budget collection of information should be Investigator-Initiated Research, which (OMB) for review and comment. The received on or before August 27, 2018. emphasizes investigating the unique PRA submission describes the nature of ADDRESSES: Submit written comments needs of female Veterans. EDs are an the information collection and its on the collection of information through issue for male and female Veterans; expected cost and burden and it

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includes the actual data collection By direction of the Secretary. OMB Control Number: 2900–0843. instrument. Cynthia D. Harvey-Pryor, Type of Review: Revision of a DATES: Comments must be submitted on Department Clearance Officer, Office of currently approved collection. or before July 27, 2018. Quality, Privacy and Risk, Department of Abstract: In 1993 the Department of Veterans Affairs. Veterans Affairs (VA) launched Project ADDRESSES: Submit written comments [FR Doc. 2018–13818 Filed 6–26–18; 8:45 am] CHALENG (Community Homelessness on the collection of information through BILLING CODE 8320–01–P Assessment, Local Education and www.Regulations.gov, or to Office of Networking Groups) for Veterans in Information and Regulatory Affairs, response to Public Law 102–405 which Office of Management and Budget, Attn: DEPARTMENT OF VETERANS required VA to make an assessment of VA Desk Officer; 725 17th St. NW, AFFAIRS the needs of homeless Veterans in Washington, DC 20503 or send through coordination with other Federal electronic mail to oira_submission@ [OMB Control No. 2900–0843] departments, state and local government omb.eop.gov . Please refer to ‘‘OMB agencies, and nongovernmental agencies Control No. 2900–0744’’ in any Agency Information Collection with experience working with homeless correspondence. Activity: VHA Homeless Programs Project CHALENG (Community persons. Since 1993, VA has FOR FURTHER INFORMATION CONTACT: Homelessness Assessment, Local administered a needs assessment in Cynthia Harvey-Pryor, Enterprise Education and Networking Groups) for accordance with guidance in Public Law Records Service (005R1B), Department Veterans 103–446 and Public Law 105–114. of Veterans Affairs, 810 Vermont This collection of information is Avenue NW, Washington, DC 20420, AGENCY: Veterans Health necessary to ensure that VA and (202) 461–5870 or email Administration, Department of Veterans community partners are developing [email protected] . Please Affairs. services that are responsive to the needs refer to ‘‘OMB Control No. 2900–0744’’ ACTION: Notice. of local homeless Veterans, in order to in any correspondence. end homelessness and prevent new SUMMARY: In compliance with the SUPPLEMENTARY INFORMATION: Veterans from experiencing Paperwork Reduction Act (PRA) of Authority: The Government homelessness. Over the years, data from 1995, this notice announces that the Performance and Results Act of 1993, CHALENG has assisted VA in Veterans Health Administration, Public Law 103–62, August 3, 1993 and developing new services for Veterans Department of Veterans Affairs, will Title 38 U.S.C., subsection 527, such as the Homeless Veteran Dental submit the collection of information Evaluation and Data Collection; 44 Program (HVDP), the expansion of the abstracted below to the Office of U.S.C. 3501–3521. Department of Housing and Urban Management and Budget (OMB) for Title: VBA Call Center Satisfaction Development-VA Supportive Housing review and comment. The PRA Survey. (HUD–VASH) Program, the Veterans submission describes the nature of the OMB Control Number: 2900–0744. Justice Programs and Supportive information collection and its expected Type of Review: Revision of a Services for Veteran Families (SSVF). In cost and burden and it includes the currently approved collection. addition, community organizations use actual data collection instrument. Abstract: VBA maintains a CHALENG data in grant applications to commitment to improve the overall DATES: Comments must be submitted on support services for homeless Veterans; quality of service for Veterans. Feedback or before July 27, 2018. grant applications are for VA, other from Veterans regarding their recent ADDRESSES: Submit written comments Federal, local government, and experience to the VA call centers will on the collection of information through community foundation dollars, which provide VBA with three key benefits to: www.Regulations.gov, or to Office of maximize community participation in (1) Identify what is most important to Information and Regulatory Affairs, serving homeless Veterans. Veterans; (2) determine what to do to Office of Management and Budget, Attn: An agency may not conduct or improve the call center experience; and VA Desk Officer; 725 17th St. NW, sponsor, and a person is not required to (3) serve to guide training and/or Washington, DC 20503 or sent through respond to a collection of information operational activities aimed at electronic mail to oira_submission@ unless it displays a currently valid OMB enhancing the quality of service omb.eop.gov. Please refer to ‘‘OMB control number. The Federal Register provided to Veterans and active duty Control No. 2900–0843’’ in any Notice with a 60-day comment period personnel. correspondence. soliciting comments on this collection An agency may not conduct or of information was published at 83 FR sponsor, and a person is not required to FOR FURTHER INFORMATION CONTACT: 12847 on March 23, 2018 pages 12847– respond to a collection of information Cynthia Harvey-Pryor, Office of Quality, 12848. unless it displays a currently valid OMB Privacy and Risk (OQPR), Department of Affected Public: Individuals and control number. The Federal Register Veterans Affairs, 810 Vermont Avenue households. Notice with a 60-day comment period NW, Washington, DC 20420, (202) 461– Estimated Annual Burden: soliciting comments on this collection 5870 or email cynthia.harvey-pryor@ of information was published at 83 FR va.gov. Please refer to ‘‘OMB Control Veteran Survey—10–10161—500 hours. 7949 on April 17, 2018. No. 2900–0843’’ in any correspondence. Provider Assessment—10–10162—705 Affected Public: Individuals or SUPPLEMENTARY INFORMATION: hours. households. Authority: Public Law 102–405, Estimated Average Burden per Estimated Annual Burden: 3,600 Public Law 103–446 and Public Law Respondent: 105–114. hours. Veteran Survey—10–10161—6 minutes. Estimated Average Burden per Title: VHA Homeless Programs, Provider Assessment—10–10162—9 Respondent: 6 minutes. Project CHALENG (Community minutes. Frequency of Response: On occasion. Homelessness Assessment, Local Estimated Number of Respondents: Education and Networking Groups) for Frequency of Response: Annually. 36,000. Veterans. Estimated Number of Respondents:

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Veteran Survey—10–10161—5,000. By direction of the Secretary. Provider Assessment—10–10162— Cynthia D. Harvey-Pryor, 4,700. Department Clearance Officer, Office of Quality, Privacy and Risk, Department of Veterans Affairs. [FR Doc. 2018–13814 Filed 6–26–18; 8:45 am] BILLING CODE 8320–01–P

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Part II

Department of Transportation

Federal Aviation Administration 14 CFR Parts 1, 60, 61, et al. Regulatory Relief: Aviation Training Devices; Pilot Certification, Training, and Pilot Schools; and Other Provisions; Final Rule

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DEPARTMENT OF TRANSPORTATION and other information related to this 2. LODAs for Training and Testing for final rule, see ‘‘How to Obtain Certification Federal Aviation Administration Additional Information’’ in the 3. Economic Burden 4. Operations for Compensation or Hire SUPPLEMENTARY INFORMATION section of 14 CFR Parts 1, 60, 61, 63, 65, 91, 121, 5. Exemptions this document. 6. FAA Interpretation of § 91.313 135, and 141 FOR FURTHER INFORMATION CONTACT: K. Single Pilot Operations of Former [Docket No.: FAA–2016–6142; Amdt. Nos. Marcel Bernard, Airmen Certification Military Airplanes and Other Airplanes 1–73, 60–6, 61–142, 63–41, 65–58, 91–351, and Training Branch, Flight Standards With Special Airworthiness Certificates 121–381, 135–140, 141–20] Service, Federal Aviation L. Technical Corrections and Nomenclature Change RIN 2120–AK28 Administration, 55 M Street SE, 8th Floor, Washington, DC 20003–3522; IV. Discussion of Effective Dates for Rule Provisions Regulatory Relief: Aviation Training telephone (202) 267–1100; email V. Advisory Circulars and Other Guidance Devices; Pilot Certification, Training, [email protected]. Materials and Pilot Schools; and Other SUPPLEMENTARY INFORMATION: VI. Section-By-Section Discussion of the Provisions Final Rule Contents VII. Regulatory Notices and Analyses AGENCY: Federal Aviation List of Abbreviations Frequently Used in A. Regulatory Evaluation Administration (FAA), DOT. This Document B. Regulatory Flexibility Determination C. International Trade Impact Assessment ACTION: Final rule. I. Executive Summary II. Authority for This Rulemaking D. Unfunded Mandates Assessment SUMMARY: This rulemaking relieves III. Discussion of the Final Rule E. Paperwork Reduction Act A. Aviation Training Devices F. International Compatibility and burdens on pilots seeking to obtain Cooperation aeronautical experience, training, and 1. Definition of Aviation Training Device 2. Instructor Requirement When Using a G. Environmental Analysis certification by increasing the allowed Full Flight Simulator, Flight Training VIII. Executive Order Determinations use of aviation training devices. Use of Device, or Aviation Training Device To A. Executive Order 13132, Federalism these training devices has proven to be Complete Instrument Recency B. Executive Order 13211, Regulations an effective, safe, and affordable means Experience That Significantly Affect Energy Supply, of obtaining pilot experience. This 3. Instrument Recency Experience Distribution, or Use rulemaking also addresses changing Requirements C. Executive Order 13609, Promoting B. Second in Command Time in Part 135 International Regulatory Cooperation technologies by accommodating the use D. Executive Order 13771, Reducing of technically advanced airplanes as an Operations 1. Airplane Requirements Regulation and Controlling Regulatory alternative to the use of older complex 2. Part 135 Flight Instructors Costs single engine airplanes for the 3. Logging Requirements IX. Additional Information commercial pilot training and testing 4. Miscellaneous Comments on the SIC A. Availability of Rulemaking Documents requirements. Additionally, this PDP B. Small Business Regulatory Enforcement rulemaking broadens the opportunities 5. Effective Date and Implementation Fairness Act for military instructor pilots or pilot C. Instrument Recency Experience for SICs List of Abbreviations Frequently Used Serving in Part 135 Operations examiners to obtain civilian ratings in This Document based on military experience, expands D. Completion of Commercial Pilot opportunities for logging pilot time, and Training and Testing in Technically AATD—Advanced aviation training device Advanced Airplanes removes a burden from sport pilot AC—Advisory Circular 1. Definition of Technically Advanced ATD—Aviation training device instructors by permitting them to serve Airplane ATP—Airline transport pilot as safety pilots. Finally, this rulemaking 2. Amendment to Aeronautical Experience BATD—Basic aviation training device includes changes to some of the Requirement for Commercial Pilots CFI—Certificated flight instructor provisions established in an August 3. Amendments to Commercial Pilot and FFS—Full flight simulator 2009 final rule. These actions are Flight Instructor Practical Test Standards FTD—Flight training device necessary to bring the regulations in line E. Flight Instructors With Instrument FSTD—Flight simulation training device with current needs and activities of the Ratings Only ICAO—International Civil Aviation general aviation training community F. Light-Sport Aircraft Pilots and Flight Organization Instructors and pilots. IFR—Instrument flight rules 1. Sport Pilot Flight Instructor Training IPC—Instrument proficiency check DATES: This rule is effective July 27, Privilege LOA—Letter of authorization 2018, except for the amendments to 2. Credit for Training Obtained as a Sport LODA—Letter of deviation authority §§ 61.31(e)(2) and (f)(2), 61.129(a)(3)(ii), Pilot MFD—Multi-function display (b)(3)(ii) and (j), 61.197, 61.199, 61.412, G. Pilot School Use of Special Curricula NPRM—Notice of proposed rulemaking 61.415, 91.109, and appendix D to part Courses for Renewal of Certificate PFD—Primary flight display 141, which are effective August 27, H. Temporary Validation of Flightcrew PIC—Pilot in command Members’ Certificates by Part 119 2018; the amendments to §§ 61.1 SIC—Second in command Certificate Holders Conducting TAA—Technically advanced airplane (amendatory instruction 10 revising the Operations Under Part 121 or 135 and by VFR—Visual flight rules definition of ‘‘Pilot time’’), 61.39, Fractional Ownership Program Managers 61.51(e) and (f), 61.57(c), 61.159(a), (c), Conducting Operations Under Part 91, I. Executive Summary (d), (e), and (f), 61.161(c), (d), and (e), Subpart K On May 12, 2016, the FAA published 135.99, and 141.5(d) which are effective I. Military Competence for Flight a notice of proposed rulemaking November 26, 2018; and the Instructors (NPRM) titled ‘‘Regulatory Relief: J. Use of Aircraft Certificated in the amendments to §§ 61.3, 63.3, 63.16, Aviation Training Devices; Pilot 91.313, 91.1015, 121.383, and 135.95, Restricted Category for Pilot Flight Training and Checking Certification, Training, and Pilot which are effective December 24, 2018. 1. Flights Necessary To Accomplish Work Schools; and Other Provisions.’’ 1 In the ADDRESSES: For information on where to Activity Directly Associated With the obtain copies of rulemaking documents Special Purpose 1 81 FR 29720.

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NPRM, the FAA proposed amendments allowed an alternative to the complex relieving, no person affected is to reduce or relieve existing burdens on airplane requirement for commercial anticipated to incur any costs associated the general aviation community. Several pilot training; and permitted pilots to with the relieving nature of the of the proposed changes resulted from credit some of their sport pilot training provision. The FAA assumes that as suggestions from the general aviation toward a higher certificate. these provisions are relieving, all community through petitions for Table 1 summarizes the provisions persons affected will use the provisions rulemaking, industry/agency meetings, proposed in the NPRM, the changes as they will be beneficial. For those and requests for legal interpretation. being made to those provisions in this provisions that are voluntary, persons The proposed changes would have final rule, the Code of Federal who wish to use the new provisions will increased the use of aviation training Regulations sections affected, and the do so only if the benefit they would devices (ATDs), flight training devices total cost savings (benefits) for a 5-year accrue from their use exceeds any cost (FTDs), and full flight simulators (FFSs); analysis period. All of the provisions in they might incur to comply with the expanded opportunities for pilots in this rule are either relieving or part 135 operations to log flight time; voluntary. For those provisions that are new provision.

TABLE 1—SUMMARY OF PROPOSED PROVISIONS AND CHANGES FROM NPRM

Significant Provision Summary of changes from 14 CFR §§ affected Summary of NPRM provision NPRM costs/benefits

Aviation Training Devices

Instructor requirement Remove the requirement to have No longer describes the training 61.51(g) ...... 2016$–$12.5M. when using an an instructor present when ac- devices as ‘‘approved’’. PV = Present Value. FFS, FTD, or ATD complishing flight experience re- PV-3%—$11.4M. to complete instru- quirements for instrument PV-7%—$10.3M. ment recency. recency in an FAA-approved FFS, FTD, or ATD. Instrument recency Reduce frequency of instrument Allows any combination of aircraft, 61.57(c) ...... 2016$–83.1M. experience require- recency flight experience accom- FFS, FTD, or ATD to satisfy the PV-3%—$76.1M. ments. plished exclusively in ATDs from instrument recency requirements. PV-7%—68.2M. every two months to every six No longer describes the training months. devices as ‘‘approved’’. Reduce number of tasks and re- move three-hour flight time re- quirement when accomplishing instrument recency flight experi- ence in ATDs.

Pilot Certification, Training, and Pilot Schools

Second in command Allow a pilot to log SIC flight time Adds the option to use a single-en- 61.1; 61.39(a); Minimal Cost Sav- for part 135 oper- in a multiengine airplane in a gine turbine-powered airplane in 61.51(e), (f); ings—Not Quan- ations. part 135 operation that does not an approved SIC PDP. 61.159; 61.161(c), tified. require an SIC. No longer requires the PIC to be a (d), (e); 135.99(c), part 135 flight instructor. (d). Adds crew pairing requirements to ensure the PIC is qualified and has completed mentoring train- ing. Allows a pilot to log SIC time ob- tained in part 91 operations con- ducted in accordance with the certificate holder’s OpSpec. Allows pilots to credit SIC time logged under a SIC PDP toward the specific flight time require- ments for ATP certification. Instrument recency Remove the reference to part 61 in Allows any combination of aircraft 135.245 ...... Minimal Cost Sav- experience for § 135.245(a) and add the current and FSTD to satisfy the SIC in- ings—Not Quan- SICs serving in instrument experience require- strument recent experience re- tified. Part 135 operations. ments in § 61.57(c)(1) and (2) to quirements. new § 135.245(c). Includes an option for part 135 SICs to reestablish instrument recency.

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TABLE 1—SUMMARY OF PROPOSED PROVISIONS AND CHANGES FROM NPRM—Continued

Significant Provision Summary of changes from 14 CFR §§ affected Summary of NPRM provision NPRM costs/benefits

Completion of com- Allow TAA to be used to meet Includes a general definition of 61.1; 61.129(a)(3)(ii), 2016$–$3.1M. mercial pilot train- some or all of the currently re- TAA in § 61.1, and relocates the (j); appendix D to PV-3%—$2.8M. ing and testing in quired 10 hours of training that TAA requirements from the pro- part 141 61.31(e) PV-7%—$2.6M. technically ad- must be completed in a complex posed definition to new and (f). vanced airplanes or turbine-powered airplane for § 61.129(j). (TAA). the single engine commercial Revises the proposed require- pilot certificate. TAA could be ments for TAAs to accommodate used in combination with, or in- existing and new technology. stead of, a complex or turbine- Allows a person to use any com- powered airplane to meet the bination of turbine-powered, aeronautical experience require- complex or technically advanced ment and could be used to com- airplanes to satisfy the training plete the practical test. requirement. Clarifies that the option to use a TAA applies to all commercial pilot applicants for a single-en- gine class rating (land and sea). Adds an exception to § 61.31(e) and (f) to allow a competency check under part 135 to meet the requirements for training in complex or high performance airplanes facilitating PIC oper- ations. In Notice N 8900.463, Use of a Complex Airplane During a Commercial Pilot or Flight In- structor Practical Test, the FAA implemented a policy change that allows any single engine air- plane to be used for the com- mercial pilot and flight instructor practical tests. Flight instructors with Remove the requirement that in- Requires an instrument only in- 61.195(b), (c) ...... Minimal Cost Sav- instrument ratings strument only instructors have structor to possess an airplane ings—Not Quan- only. category and class ratings on category multiengine class rating tified. their flight instructor certificates on his or her flight instructor cer- to provide instrument training. tificate when providing instru- ment training in a multiengine airplane. Sport pilot flight in- Allow a sport pilot only instructor to Allows sport pilot instructors to re- 61.412; 61.415(h); Minimal Cost Sav- structor training provide training on control and ceive the training required by 91.109(c). ings—Not Quan- privilege. maneuvering solely by reference § 61.412 in an ATD. tified. to the flight instruments (for Allows instrument only instructors sport pilot students only). to provide the training and en- dorsement required by § 61.412 to sport pilot instructors. Credit for training ob- Allow a portion of sport pilot train- Allows all training received from a 61.99; 61.109(l) ...... 2016$–$14.0M. tained as a sport ing to be credited for certain sport pilot instructor to be cred- PV-3%—$13.3M. pilot. aeronautical experience require- ited towards a higher certificate PV-7%—$12.3M. ments for a higher certificate or or rating. rating. Allows training received from a sport pilot instructor on the con- trol and maneuvering of an air- craft solely by reference to the instruments to be credited to- wards a private pilot certificate, provided the sport pilot instructor satisfies § 61.412. Include special cur- Allow part 141 pilot schools to No changes ...... 141.5(d) ...... Minimal Cost Sav- ricula courses in count FAA approved ‘‘special ings—Not Quan- renewal of pilot curricula’’ course completions tified. school certificate. (graduates of these courses) to- ward certificate renewal require- ments.

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TABLE 1—SUMMARY OF PROPOSED PROVISIONS AND CHANGES FROM NPRM—Continued

Significant Provision Summary of changes from 14 CFR §§ affected Summary of NPRM provision NPRM costs/benefits

Other Provisions

Temporary validation Allow a confirmation document Adds language to also allow part 61.3; 63.3; 63.16; Minimal Cost Sav- of flightcrew mem- issued by a part 119 certificate 91, subpart K program man- 91.1015(h); ings—Not Quan- bers’ certificates. holder authorized to conduct op- agers to issue temporary 121.383; 135.95. tified. erations under part 121 or 135 verification documents. to serve as a temporary verification of the airman certifi- cate and/or medical certificate during operations within the United States for up to 72 hours. Military competence Allow the addition of a flight in- Revises reinstatement require- 61.197; 61.199 ...... Minimal Cost Sav- for Flight Instruc- structor rating based on military ments to accurately reflect the ings—Not Quan- tors. competency to ‘‘simultaneously process by which a military in- tified. qualify’’ for the reinstatement of structor pilot acquires an addi- an expired FAA flight instructor tional aircraft rating qualification. certificate. Provides military instructor pilots two options for reinstatement, consistent with the reinstatement requirements for civilian holders of expired flight instructor certifi- cates. Restricted Category Allow an operator to request and Removes proposed requirement 91.313 ...... Minimal Cost Sav- Aircraft type train- obtain a letter of deviation au- that personnel receiving flight ings—Not Quan- ing and testing al- thority to conduct training and crewmember training in special tified. lowances. testing and other directly related purpose operations be employed activities for employees to obtain by the operator providing the a type rating in a restricted cat- training. egory aircraft. Specifies that relocation flights in- clude delivery and repositioning flights. Single Pilot Oper- Allow pilots to operate certain Revised to accommodate the new 91.531 ...... Minimal Cost Sav- ations of Former large and turbojet-powered air- airplane certification levels ings—Not Quan- Military Airplanes planes (specifically former mili- adopted in the part 23 final rule. tified. and Other Air- tary and some airplanes not type planes with Special certificated in the standard cat- Airworthiness Cer- egory) without a pilot who is tificates. designated as SIC.

II. Authority for This Rulemaking individual is qualified for, and was opposition to some provisions, no The FAA’s authority to issue rules on physically able to perform the duties commenters opposed the NPRM in its aviation safety is found in Title 49 of the related to, the position authorized by entirety. United States Code (49 U.S.C.). Subtitle the certificate. Because of the specific nature of each I, section 106 describes the authority of III. Discussion of the Final Rule provision, the FAA discusses each the FAA Administrator. Subtitle VII, provision separately. On May 12, 2016, the FAA published Aviation Programs, describes in more A. Aviation Training Devices detail the scope of the agency’s a NPRM proposing a variety of authority. provisions intended to provide relief This final rule amends the regulations This rulemaking is promulgated from regulatory burdens to the general governing the use of aviation training under the authority described in 49 aviation community, commercial pilots, devices (ATDs). As stated in the U.S.C. 106(f), which establishes the military flight instructors, and those NPRM,2 the FAA approves ATDs for use authority of the Administrator to using new technology in aviation. The in pilot certification training under the promulgate regulations and rules; 49 FAA proposed changes in 12 different authority provided in 14 CFR 61.4(c). U.S.C. 44701(a)(5), which requires the subject areas to 14 CFR parts 61, 63, 91, Title 14 of the Code of Federal Administrator to promote safe flight of 121, 135, and 141. Regulations (14 CFR) part 60 governs civil aircraft in air commerce by The FAA received and considered a the qualification of flight simulation prescribing regulations and setting total of 100 comments to the NPRM. training devices (FSTD), which include minimum standards for other practices, Commenters included 63 individuals, full flight simulators (FFSs) levels A methods, and procedures necessary for 15 aviation-related companies, and 12 through D and flight training devices safety in air commerce and national aviation-related organizations. Several (FTDs) levels 4 through 7. As discussed security; and 49 U.S.C. 44703(a), which commenters provided more than one in the following sections, the FAA is: (1) requires the Administrator to prescribe comment. The majority of commenters Adding a definition of ATD in § 61.1; (2) regulations for the issuance of airman supported various proposed provisions, removing the requirement for an certificates when the Administrator and many recommended changes to the finds, after investigation, that an proposed rule language. While there 2 81 FR at 29723.

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instructor to be present when a pilot production of additional identical In commenting on the ATD definition, accomplishes his or her instrument models by the manufacturer. However, AOPA noted that the definition of flight recency in an FFS, FTD, or ATD; and (3) the FAA reserves the right to re-evaluate simulation training device (FSTD) is amending the regulations to allow pilots any ATD used to meet pilot certification inconsistent between part 1 and part 60. to accomplish instrument recency or experience requirements.5 Additional AOPA recommended revising the part 1 experience in ATDs at the same interval conditions and limitations in the LOAs definition to conform with the part 60 allowed for FFSs and FTDs. explain that any changes or definition by adding the word ‘‘full’’ modifications made to the ATD that before ‘‘flight simulator.’’ 1. Definition of Aviation Training have not been approved in writing by The FAA is adopting AOPA’s Device the General Aviation and Commercial recommendation, which is consistent The FAA proposed to define ATD as Division may terminate the LOA. with the FAA’s proposal to replace the a training device, other than a FFS or An individual commenter asked the words ‘‘flight simulator’’ with the words FTD, that has been evaluated, qualified, FAA to clarify whether the definition ‘‘full flight simulator’’ wherever they and approved by the Administrator.3 eliminates the basic ATD and advanced appear in the sections the FAA The FAA proposed to add this ATD categories described in Advisory determined needed to be revised.8 definition to § 61.1 to differentiate ATDs Circular (AC) 61–136. The individual 2. Instructor Requirement When Using a from FFSs and FTDs qualified under also asked the FAA to update the related Full Flight Simulator, Flight Training part 60 and to establish that an ATD guidance and advisory materials with Device, or Aviation Training Device To must be evaluated, qualified, and this clarification. Complete Instrument Recency approved by the Administrator to be The ATD definition does not Experience used to meet aeronautical experience eliminate the qualification of an ATD as requirements under part 61. basic or advanced. The FAA is adding In the NPRM, the FAA proposed to The FAA received 3 comments on the a general definition of ATD to § 61.1 to amend § 61.51(g) by revising paragraph proposed definition of ‘‘aviation differentiate ATDs from FFSs and FTDs (g)(4) and adding a new paragraph (g)(5) training device.’’ qualified under part 60 and to establish to allow a pilot to accomplish The Society of Aviation and Flight that an ATD must be evaluated, instrument recency experience when Educators (SAFE) concurred with the qualified, and approved by the using a FFS, FTD, or ATD without an proposal. The Aircraft Owners and Administrator. The FAA will continue instructor present, provided a logbook Pilots Association (AOPA), however, to provide guidance in AC 61–136, as or training record is maintained to recommended removing the words amended, to qualify an ATD as basic or specify the approved training device, ‘‘evaluated’’ and ‘‘qualified’’ from the advanced. Comparatively, the definition time, and the content as appropriate.9 proposed definition because they are in part 1 for a FTD does not delineate Under the proposal, a pilot would still redundant with ‘‘approved’’ and qualification levels.6 have been required to have an instructor because the FAA may, at times, only The FAA notes that current present when using time in a FFS, FTD, need to ‘‘approve’’ a previously regulations in parts 61 and 141 or ATD to acquire instrument approved ATD model. expressly differentiate instrument aeronautical experience for a pilot The FAA is retaining the terms training time allowances for ‘‘basic’’ certificate or rating. ‘‘evaluated’’ and ‘‘qualified’’ because the verses ‘‘advanced’’ ATDs.7 FAA Order The FAA received 27 comments, 9 evaluation and qualification of an ATD 8900.1, Volume 11, Chapter 10, Section from organizations and 18 from are important parts of the approval 1, Aviation Training Device also individuals. The majority of process. An ATD is evaluated and describes different allowances for basic commenters overwhelmingly supported qualified before it is approved under and advanced ATDs. The FAA provides the proposal noting various benefits, § 61.4(c).4 Evaluating and qualifying an LOA for each training device that including reduced costs for pilots, less ATDs validates their effectiveness for specifies the level of approval (i.e., basic time commitment, reduced airspace use successful training. In response to or advanced) for the ATD and the and congestion, increased number of AOPA’s comment regarding previously allowable credits, thereby mitigating instrument current pilots, and increased approved ATD models, the FAA finds any concern about understanding the pilot proficiency and safety. Several that defining an ATD, in part, as different allowances. commenters noted how the use of FFSs, ‘‘evaluated, qualified, and approved’’ The FAA is adopting the definition of FTDs, and ATDs enhances training by will not adversely affect the use of ATD ATD in § 61.1 as proposed. allowing more opportunities to practice models that have been previously important skills and experience a approved. Unlike FSTD which must be 5 See FAA Order 8900.1, Vol. 11, Ch. 10, Sec. 1, variety of approaches, conditions, and individually qualified under part 60, the Para. 11–10–1–19 Inspector Oversight (explaining equipment failures. FAA has permitted the use of ATDs that how the jurisdictional FSDO may conduct an As stated in the NPRM,10 because have been produced identical to the inspection or surveillance of any FAA-approved ATD located within its geographical area that an instrument recency experience is not model evaluated, qualified, and owner or operator uses to satisfy experience or training, the FAA no longer believes it approved utilizing a standard letter of training requirements for pilot certificates or is necessary to have an instructor authorization (LOA) for over 12 years. ratings). present when instrument recency After the FAA provides initial approval 6 14 CFR part 1 defines ‘‘flight training device’’ as a replica of aircraft instruments, equipment, panels, experience is accomplished in an FSTD of a specific model, that approval covers and controls in an open flight deck area or an enclosed aircraft cockpit replica. It includes the 8 81 FR at 29745. 3 Prior to this final rule, an ATD was defined in equipment and computer programs necessary to 9 Prior to this final rule, § 61.51(g)(4) required a FAA guidance but not in the regulations. AC 61– represent aircraft (or set of aircraft) operations in pilot accomplishing instrument recency experience 136A defines ATD as a training device, other than ground and flight conditions having the full range in an FFS, FTD, or ATD to have an authorized a FFS or FTD, that has been evaluated, qualified, of capabilities of the systems installed in the device instructor present to observe the time and sign the and approved by the Administrator. This final rule as described in part 60 of the chapter and the pilot’s logbook. The FAA notes that a pilot who codifies the definition in § 61.1. qualification performance standard (QPS) for a performs instrument recency in an aircraft, 4 See AC–61–136A, FAA Approval of Aviation specific FTD qualification level. however, is not required to have an instructor Training Devices and Their Use for Training and 7 See 14 CFR 61.65(h)(2)(i), 141.41(b), and present to observe the time. Experience (November 17, 2014). appendix C to part 141. 10 81 FR at 29724.

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or ATD. The FAA is therefore removing The Aircraft Owners and Pilots a criminal violation of 18 U.S.C. 1001.20 the requirement for an authorized Association (AOPA), National Air Given the deterrence that is currently in instructor to be present when a pilot Transportation Association (NATA), place for the falsification of records, the accomplishes his or her instrument Redbird, Society of Aviation and Flight FAA finds it unnecessary to require recency experience in an FFS, FTD, or Educators (SAFE), and four individuals, instructor supervision when a pilot ATD, as proposed. The FAA is, who identified as either pilots or satisfies the instrument recency however, slightly revising the proposed instructors, generally commented that experience in an FFS, FTD, or ATD. rule language by removing the word bringing FFS, FTD, and ATD instrument Furthermore, the FAA is not requiring ‘‘approved’’ because an FFS or FTD recency requirements in line with the the FFS, FTD, or ATD to produce a used to satisfy § 61.51(g)(5) is qualified, requirements when using an actual flight track and log pilot activities as not approved, by the National Simulator aircraft makes sense. These commenters proof of performing the required tasks Program under part 60.11 Furthermore, indicated that if a pilot can be trusted for maintaining instrument recency; nor § 61.51(g)(4) retains the requirement for to log instrument recency in an aircraft is the FAA imposing more stringent an authorized instructor to be present in without an instructor present, then he or recordkeeping requirements on the an FSTD or ATD when a pilot is logging she should be trusted to do the same in flight schools who own such FFS, FTD, training time to meet the aeronautical an FFS, FTD, or ATD. or ATDs or on the pilots who use the experience requirements for a certificate Four commenters expressed concern, FFS, FTD, or ATD to maintain or rating.12 however, that there is potential for instrument recency. These suggestions As with instrument recency falsification of logbook entries by pilots are outside the scope of this rulemaking. experience accomplished in an aircraft, if they are not supervised when using an American Flyers and several § 61.57(c) requires the pilot to log the FFS, FTD, or ATD to satisfy instrument individuals asserted that using an FFS, required tasks in his or her logbook and recency requirements. To reduce the FTD, or ATD to satisfy instrument § 61.51(b) requires certain information risk of falsification, one individual recency requirements, particularly to be logged, including the type and recommended that FAA require the without an instructor present, is not identification of the FSTD or ATD.13 simulator to produce a flight track and comparable to operating an aircraft. The Additionally, § 61.51(g)(5) requires the log all pilot activities and actions during individual commenters noted that with pilot to maintain a logbook or training the simulator session. The commenter FFSs, FTDs, or ATDs, there is no spatial record 14 that specifies the training recommended that the flight school disorientation, nothing truly device, time, and content. The FAA keep this documentation, and the pilot unexpected, no other aircraft, no therefore emphasizes the importance of retain a copy of this simulator session equipment problems, no approach clearly documenting in one’s logbook to support the logbook entry to satisfy changes, no interaction from air traffic the type and identification of the FFS, the instrument recency experience control, no threat to life, and rules can FTD, or ATD used to maintain recency requirement. be violated. Two individuals noted that Because instructor supervision is not and a detailed record of the specific an instructor could introduce some of required when a pilot satisfies the tasks completed.15 For ATDs, the FAA these variables in an FSTD or ATD. One instrument recency experience in an recommends retaining a copy of the individual recommended the FAA aircraft,17 similarly, it should not be FAA Letter of Authorization (LOA) for require a flight instructor to introduce required when a pilot satisfies the same the ATD used because the LOA contains real-world scenarios in an ATD as part instrument recency experience in a FFS, the type and model of the ATD that of the instrument recency requirements. FTD, or ATD. A pilot must perform and must be documented in the pilot’s The FAA finds that satisfying log the required tasks regardless of logbook.16 instrument recency experience whether the tasks are accomplished in an aircraft, FFS, FTD, or ATD.18 As requirements in an FFS, FTD or ATD is 11 FFSs and FTDs are qualified by the National several commenters noted, pilots who as beneficial as satisfying the Simulator Program under part 60. FFSs and FTDs requirements in an aircraft regardless of are subsequently approved by a principal satisfy the instrument recency operations inspector (POI) or training center experience in an FFS, FTD, or ATD whether an instructor is present. FFSs, program manager (TCPM) for use in a training should be trusted in the same fashion as FTDs, and ATDs are specifically program. When an FFS or FTD is used outside of those pilots who satisfy the designed to allow a person to replicate a training program, an FFS or FTD is not approved and execute instrument tasks just as by the FAA; it is only qualified by the National requirements in an aircraft. While there Simulator Program under part 60. Therefore, not all is a potential for falsification in both they would in an aircraft. The FAA FSTDs used to satisfy § 61.51(g)(5) will be scenarios, the FAA finds that the qualifies FFSs and FTDs under 14 CFR approved. ATDs are approved by letter of current penalties for falsifying pilot part 60, and the FAA evaluates, authorization from AFS–800, The General Aviation qualifies and approves ATDs under the and Commercial Division. logbooks and records, which include 12 14 CFR 61.51(g)(4), 61.65, 61.129. suspension or revocation of one’s authority provided in 14 CFR 61.4(c) 13 14 CFR 61.51(b)(1)(iv). airman certificate, are a sufficient using specific standards and criteria 14 Although recent flight experience is not deterrent to falsifying the logging described in AC 61–136 (as amended) as training, the required maneuvers may be requirements.19 The FAA notes that one means of compliance. Additionally, accomplished as part of a training program. As the FAA accomplishes on site such, the experience may be logged in a training falsifying a logbook entry would also be record rather than a logbook. functional evaluations of ATDs 15 14 CFR 61.51(b) and (g)(5). For ATDs, the type 17 As discussed further in this section, the verifying that they successfully emulate and identification of the device will be the purpose of the instrument recency experience instrument tasks accurately.21 The FAA manufacturer name and model, which is identified requirement is to ensure the pilot maintains his or further notes that the regulations do not on the LOA for the ATD approval. All qualified her instrument proficiency by performing and require a pilot to experience the FFSs and FTDs will have an FAA identification logging the required instrument experience. A pilot number. who accomplishes instrument recency experience is variables mentioned by the commenters 16 The FAA notes that FFSs and FTDs are not already instrument-rated. Therefore, the FAA issued LOAs. Rather, an FFS or FTD is issued a expects pilots accomplishing the instrument 20 Sec. 1001 prescribes penalties for falsification Statement of Qualification (SOQ), which will recency experience to already be at an acceptable offenses. contain the FAA identification number. 14 CFR level of proficiency. 21 FAA Order 8900.1, Vol. 11, Ch. 10 Aviation 60.15(g). The SOQ must be posted in or adjacent to 18 14 CFR 61.57(c)(1). Training Device, Sec. 1 Approval, Oversight, and the FSTD. 14 CFR 60.9(b)(2). 19 14 CFR 61.59. Authorized Use Under 14 CFR parts 61 and 141.

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as part of the required tasks for instructor to be present in an FSTD or and would potentially benefit from this maintaining instrument recency.22 The ATD will result in a decrease in safety. rule provision. At an average instructor variables identified by the commenters Pilots may accomplish the required rate of $24 per hour for an estimated 4 consist of conditions and events that are tasks under § 61.57(c) in an aircraft in hours per year, the FAA estimated that more specific to training, a practical actual instrument conditions without an it would cost about 2.4 million dollars test, or an instrument proficiency check. instructor present. Allowing pilots to per year for 25,194 pilots to complete Several commenters, including the accomplish the same tasks in an FSTD the recency requirement. These Lancair Owners and Builders or ATD without an instructor present estimates indicate that only 12.5 percent Organization (LOBO), stated that having does not reduce the level of safety. of instrument rated pilots (excluding air an instructor present in the FSS, FTD or LOBO questioned the accuracy of the carrier pilots) would benefit from this ATD improves the pilot’s proficiency. A FAA’s estimates of cost savings, noting rule provision. The FAA finds this to be few individuals stated that a pilot may that the FAA may be overestimating the a reasonably conservative estimate. need additional training and not realize number of pilots that use an FFS, FTD, it without an instructor present. or ATD, to maintain instrument recency. Furthermore, FAA notes that LOBO However, one individual asserted that if LOBO claimed that although the did not provide any alternative a pilot has obtained a certificate after percentage of pilots who possess estimates, LOBO relied on non-scientific completing the minimum hours with an instrument ratings is quite high, non- polling from AOPA, and LOBO failed to instructor and remains current, there is scientific polling by AOPA indicates provide any substantiated statistics. The no requirement for additional training. many of them are not instrument FAA believes new § 61.51(g)(5) will Section 61.57(c) requires a pilot to current. LOBO noted that the FAA significantly reduce cost to the public. perform and log minimum tasks to estimated that removing the As described in the NPRM, the FAA maintain instrument recency; § 61.57(c) requirement for a flight instructor to be believes that new § 61.51(g)(5) will does not impose training or proficiency present would generate a total savings of likely increase the public’s use of FFSs, requirements. An instrument-rated pilot $10.6 million (present value), or $2.4 FTDs or ATDs and notes that the has already demonstrated his or her million annually, all other factors majority of comments supported this proficiency during a practical test with remaining the same. Given there has conclusion. Because the FAA is an examiner. The purpose of the been no polling of the U.S. pilot adopting § 61.51(g)(4) and (5) as instrument recency experience population for training, experience, etc. proposed and no alternative estimates requirement is to ensure the pilot by the FAA since 1990, LOBO were provided, there will be no change maintains his or her instrument questioned the accuracy of these to the NPRM methodology used for this proficiency by performing and logging estimates. estimate. the required instrument experience. The Regulatory Evaluation in the As a general matter, the FAA notes Therefore, the FAA expects pilots NPRM estimated that implementation of that ATDs allow programming and accomplishing the instrument recency this rule provision would result in experience to already be at an present value cost savings of $10.6 practice of many instrument situations, acceptable level of proficiency. The million over a five-year period at a 7 scenarios, and procedures. The current FAA recommends, however, that a pilot percent discount rate. Because the FAA capabilities of ATDs, FTDs, and FFSs seek additional training if he or she is does not require pilots to report allow an instrument rated pilot to uncomfortable with his or her instrument experience data and program and successfully practice performance of the required tasks under capturing such data is difficult if not simulated low visibility weather § 61.57(c). impossible, the FAA made a conditions, multiple approaches in a LOBO recommended requiring pilots conservative estimate of the cost shorter period of time, emergency to complete an annual instrument savings. This is a conservative estimate procedures, equipment failures, and proficiency check with an instrument because it reflects that a significant other various flight scenarios that flight instructor. number of pilots do not maintain cannot necessarily be accomplished in The FAA requires an instrument instrument recency in general. The FAA an aircraft safely. Allowing the use of proficiency check only when a pilot has estimated the number of pilots who ATDs, FTDs and FFSs without the failed to meet the recent instrument might benefit from this rule provision requirement (and therefore the cost) of experience requirements for more than by starting with the total number of having an instructor present can result six calendar months.23 The instrument rated pilots in the United in more pilots being better prepared. recommendation to require an States as of June 30, 2015. This was This benefit could include executing instrument proficiency check every year 305,976 instrument rated pilots. This flight scenarios they may not normally is beyond the scope of this rulemaking number included airline transport pilots experience when accomplishing and unnecessary if the pilot is (ATPs). However, under § 61.57(e), instrument recency in an aircraft, or in maintaining his or her instrument pilots employed by part 119 certificate locations where they do not normally recency in accordance with the holders conducting operations under fly, or when practicing emergency regulations. part 121 or part 135 are excepted from procedures that are likely too dangerous Two individuals asserted that there is the instrument recency experience to accomplish in an aircraft. This no cost savings when one takes into requirement in § 61.57(c). As of June 23, includes the unique capability of 2015, the FAA estimated that 104,424 account the cost of a crash, including practicing identical instrument air carrier pilots were excepted. This left the cost of a human life, property approach procedures to an airport the 201,552 instrument rated pilots that damage, and medical treatment for pilot may not have otherwise flown to could potentially benefit from this rule survivors. before. For the reasons stated above, the FAA provision. Of these pilots, the FAA disagrees with the assertion that estimated that only approximately 50 Other than removing the term removing the requirement for an percent (100,776) were maintaining ‘‘approved’’ from the proposed rule their recency. Of this group, the FAA language, as explained above, 22 14 CFR 61.57. estimated that only 25 percent (25,194) § 61.51(g)(4) and (5) remain unchanged 23 14 CFR 61.57(d). used an FFS, FTD, or ATD for recency from the proposal.

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3. Instrument Recency Experience Society of Aviation and Flight Educators aircraft to maintain instrument recency. Requirements (SAFE), and one individual asked the The FAA recognizes the importance of In the NPRM, the FAA proposed to FAA to revise the proposed rule familiarity with these conditions and amend § 61.57(c) to allow pilots to language to expressly allow a pilot to events; however, they are more accomplish instrument experience in meet the requirements for instrument attributable to training. An instrument- ATDs at the same 6-month interval recency experience in any combination rated pilot maintaining instrument allowed for FFSs and FTDs.24 of aircraft, FFS, FTD, or ATD. recency under § 61.57(c) has already While the FAA stated in the NPRM Additionally, for pilots who opt to use accomplished the required instrument that a pilot would be permitted to training and has already demonstrated ATDs exclusively to accomplish complete instrument recency experience his or her proficiency during a practical instrument recency experience, the FAA in any combination of aircraft, FFS, test with an examiner. proposed to no longer require an FTD, or ATD, the proposed rule would Furthermore, the FAA disagrees with additional 3 hours of instrument not have expressly allowed this. The the comment that requiring more flight experience and additional tasks to 25 FAA is therefore adding language to time in an aircraft will result in fewer remain current. The FAA also proposed § 61.57(c)(2) to expressly state accidents. The FAA finds that allowing proposed to allow completion of that a person may complete the a pilot to accomplish instrument instrument recency experience in any instrument recency experience in any recency requirements in an ATD or combination of aircraft, FFS, FTD, or combination of aircraft, FFS, FTD, or FSTD encourages more pilots to remain ATD. ATD. Furthermore, consistent with the instrument current and provides the Ten commenters, including Redbird, changes made in § 61.51(g)(5), the FAA necessary experience to enable safe American Flyers, and Eagle Sport, is removing the word ‘‘approved’’ from operation of an aircraft in instrument supported the proposal without change proposed § 61.57(c)(1) because an FFS meteorological conditions (IMC). As the noting the anticipated cost savings that or FTD used to satisfy § 61.57(c)(1) is FAA explained in the final rule, may encourage pilots to stay current, the qualified, not approved, by the National ‘‘Aviation Training Device Credit for ability for ATDs to enhance skills and Simulator Program under part 60. Pilot Certification,’’ 28 the FAA believes improve proficiency, and the simplified Two individuals opposed the that training in FSTDs and ATDs in rule language that will facilitate provision. One individual believed that combination with training in an aircraft compliance. experience in an ATD cannot replicate reinforces the necessary pilot skill to The Aircraft Owners and Pilots that of an actual aircraft because rely solely on the flight instruments to Association (AOPA) and an individual piloting an aircraft involves many successfully operate an aircraft in IMC. commented that ATDs are much more unexpected elements and stresses not This mitigates any reliance on postural advanced than they were at the time of present in an ATD. The other individual senses, sounds, or feelings that can the 2009 final rule, and that with these asserted that the instrument recency otherwise lead to loss of control. The advances, it makes sense to allow the requirements are bare minimums and do FAA further described that training use of ATDs to meet instrument recency not demonstrate proficiency, and that devices do not require motion to be requirements in the same manner as requiring more flight time would result approved and that training devices with FFSs, FTDs, or aircraft. in fewer accidents. cannot completely train the pilot to As discussed in the NPRM, the FAA The FAA disagrees with requiring a ignore certain erroneous sensory believes that the current design and pilot to accomplish the instrument perceptions, but pilots develop this skill technology of ATDs has advanced and recency experience in an aircraft. The during the flight portion of their provides a greater opportunity for the FAA has allowed the instrument instrument training. Consistent with the advancement of instrument skills and recency tasks to be accomplished in an final rule, ‘‘Aviation Training Device improved proficiency, as well as a wider FFS, FTD, or ATD since 2009.27 The Credit for Pilot Certification,’’ 29 the range of experiences and scenarios, FAA did not propose to change the FAA believes that instrument which justifies their increased use in allowance of an ATD to satisfy experience accomplished in ATDs is an § 61.57(c)(2). This is also reflected in the instrument recency experience. Rather, effective procedural review and final rule, ‘‘Aviation Training Device given the technological advancements reinforces the necessary skills to Credit for Pilot Certification,’’ published that have occurred in ATDs since 2009, properly interpret the aircraft’s flight on April 12, 2016,26 which increased the FAA proposed to align ATD use to instruments, allowing successful the ATD credit allowances for the 6-month task completion interval operation of an aircraft in IMC. instrument rating certification and the required tasks consistent with The Lancair Owners and Builders requirements. FSTDs and aircraft. As previously Organization (LOBO) asserted that the AOPA, General Aviation explained in section III.A.2. of the FAA did not make a safety case to Manufacturers Association (GAMA), preamble, ATDs are specifically reduce the recency requirements. LOBO designed to allow a person to replicate believed that the NPRM did not explain 24 Prior to this final rule, § 61.57(c)(3) required and execute instrument tasks just as how this proposed provision would persons using an ATD to establish instrument they would in an aircraft. Therefore, the improve safety, and that to do so, the experience to complete the required tasks within the preceding 2 calendar months. Persons using an FAA finds that an ATD adequately FAA needs more information, which aircraft, FFS, FTD, or a combination, however, were replicates an aircraft for purposes of was not presented. LOBO claimed the required to establish instrument experience within maintaining instrument recency. FAA should gather data regarding the the preceding 6 calendar months. 14 CFR Section 61.57(c) does not require a pilot following: How many instrument pilots 61.57(c)(1) and (2). to experience variables and additional 25 Prior to this final rule, for persons using an are instrument current; how many pilots ATD for maintaining instrument experience, stressors that one may experience in an use an instrument proficiency check to § 61.57(c)(3) required an additional 3 hours of maintain recency; how many pilots use instrument experience and two unusual attitude 27 Final Rule, ‘‘Pilot, Flight Instructor, and Pilot an FFS, FTD, or ATD to maintain recoveries while in a descending, Vne airspeed School Certification,’’ 74 FR 42500, 42516–42517 instrument recency; how many of those condition and two unusual attitude recoveries (Aug. 21, 2009) (amending § 61.57(c) to allow the while in an ascending, stall speed condition. use of aviation training devices, flight simulators, 26 Final Rule, ‘‘Aviation Training Device Credit and flight training devices for maintaining 28 81 FR at 21456 (Apr. 12, 2016). for Pilot Certification,’’ 81 FR 21449 (Apr. 12, 2016). instrument recent flight experience). 29 Id.

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pilots that use an FFS, FTD, or ATD to of experience the FAA now has requirements in this final rule would be maintain instrument recency have been evaluating and approving ATDs and the out of scope. involved in an aircraft accident while significant advancements in ATD Lastly, the FAA does not find that flying under instrument flight rules; and technology, the FAA has no reason to aligning the instrument experience how many more instrument rated pilots believe the rule change would result in requirements in an ATD with the would maintain proficiency if the a decrease in safety. As explained in the instrument experience requirements in proposal were implemented. LOBO NPRM, the FAA imposed more stringent an FSTD or aircraft will result in an pointed out that AOPA polling indicates instrument experience requirements on increased accident rate. Rather, this the average general aviation pilot is pilots satisfying instrument recency in ATD allowance should lower the flying less than 100 hours per year. ATDs because, in 2009, ATDs accident rate by allowing pilots to LOBO indicated that its own data represented new technology. The FAA regularly practice instrument tasks and indicates their average member is flying finds that significant improvements in maneuvers in a hazard free approximately 50 hours per year in a current ATD technology have made it environment. The FAA believes that Lancair. Given these statistics, LOBO possible to allow pilots to use ATDs for new § 61.57(c)(2) will increase the questioned whether instrument instrument recency experience at the opportunities for pilots to maintain proficiency is possible for pilots who fly same frequency and task level as FSTDs. recency, reduce cost, and generally so few hours annually. LOBO also The FAA believes this rule change is promote maintaining instrument questioned whether reducing recency further supported by the recent ATD recency. requirements for low activity instrument rule published on April 12, 2016, which The Regional Air Cargo Carriers pilots would affect accident rates. Based recognized ATD capabilities and Association (RACCA) provided several on all of these comments, LOBO increased the ATD credit allowances for recommendations concerning FTDs, recommended the FAA research general instrument rating certification including expanding the allowable aviation pilot training and experience, requirements. Furthermore, in 2014, the instrument recency experience, training, including instrument recency training FAA revised AC 61–136A, ‘‘FAA and limited checking elements from FFS methods, to better understand the Approval of Aviation Training Devices to include Level 3 and 4 FTDs; allowing impact on general aviation safety— and Their Use for Training and credit for circling approaches in Level 3 positive or negative—of the NPRM. Experience’’ to include stricter approval and 4 FTDs with sophisticated, wide- The FAA is aligning the requirements criteria for ATDs. The FAA also revised angle visual systems but no motion for accomplishing instrument FAA Order 8900.1 Volume 11, Chapter system; and expanding the allowable experience in an ATD with the 10 ‘‘AVIATION TRAINING DEVICE’’, credit in FFSs with the motion system requirements for accomplishing Section 1 ‘‘Approval, Oversight, and turned off. RACCA further instrument experience in an FSTD or Authorized Use Under 14 CFR parts 61 recommended reviewing current FAA aircraft. Prior to this final rule, a person and 141,’’ to improve FAA surveillance FTD and simulator approval protocols accomplishing instrument recency and oversight for the use of ATDs and to make them simpler and less labor- experience in an aircraft, FFS, FTD, or to otherwise ensure their proper use. intensive for the FAA, operators, and a combination, was required to, within The stricter approval criteria and contract training providers. the preceding 6 months, have increased FAA oversight for ATDs The FAA is not adopting RACCA’s performed: (1) Six instrument ensures they are qualified and capable recommendations because they are approaches; (2) holding procedures and for pilots to successfully accomplish the outside the scope of this rulemaking. tasks; and (3) intercepting and tracking instrument tasks described in As discussed above, the FAA is courses through the use of navigational § 61.57(c)(1). adding language to the proposed electronic systems. Persons In response to LOBO’s concerns about provision to make clear that a person accomplishing instrument recency the proficiency of low activity may complete the instrument experience exclusively in an ATD, instrument pilots, as previously stated, experience in any combination of an however, were required to have instrument-rated pilots have already aircraft, FFS, FTD, or ATD. Other than performed, within the preceding 2 demonstrated proficiency during their this additional language, § 61.57(c)(2) months, the same tasks and maneuvers practical test. Instrument proficiency is remains unchanged from the NPRM. listed above plus ‘‘two unusual attitude considered ongoing unless one fails to B. Second in Command Time in Part recoveries while in a descending V maintain instrument recency in the ne 135 Operations airspeed condition and two unusual previous 12 calendar months. In that attitude recoveries while in an scenario, one would be required to In the NPRM, the FAA proposed to ascending, stall speed condition’’ and a complete an instrument proficiency amend § 135.99 by adding paragraph (c) minimum of three hours of instrument check (IPC) in accordance with to allow a certificate holder to receive recency experience. This final rule § 61.57(d) to exercise instrument rating approval of a second in command (SIC) amends § 61.57(c) to allow pilots to privileges. While instrument-rated professional development program (SIC accomplish instrument experience in pilots may have a low number of annual PDP) via operations specifications (Ops ATDs by performing the same tasks flight hours, so long as they are Specs) to allow the certificate holder’s required for FSTDs and aircraft, and at complying with the instrument pilots to log SIC time in operations the same 6-month interval allowed for experience and instrument proficiency conducted under part 135 in an airplane FSTDs and aircraft. check requirements, they may exercise or operation that does not otherwise While the data sought by LOBO their instrument rating privileges. The require a SIC.31 As explained in the would be useful, it does not currently FAA did not propose to change these NPRM, the FAA believes that a exist.30 However, based on the12 years requirements; any change to these comprehensive SIC PDP will provide

30 The FAA referenced two studies in the final Computer-Based Single Pilot Resource Management 31 Prior to this final rule, a person serving as SIC rule titled ‘‘Aviation Training Device Credit for (SRM) Training,’’ Ph.D. Dissertation (Capella in a part 135 operation could log SIC time only if Pilot Certification,’’ which was published on April University 2007); Carretta, Thomas R., and Dunlap, more than one pilot was required under the type 12, 2016, that supported the use of simulation for Ronald D., ‘‘Transfer of Training Effectiveness in certification of the aircraft or the regulations under flight training. 81 FR 21449. See Kearns, Suzanne Flight Simulation: 1986–1997,’’ United States Air which the flight was being conducted. 14 CFR ‘‘The Effectiveness of Guided Mental Practice in a Force Research Laboratory (1998). 61.51(f)(2).

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opportunities for beneficial flight flight experience and training for an SIC 2. Part 135 Flight Instructors experience that may not otherwise exist than other general aviation operations. and also provide increased safety in RACCA, Tradewind Aviation, and one In the NPRM, proposed § 135.99(c)(4) operations for those flights conducted in individual explained that these types of would have required the assigned PIC in a multicrew environment. The FAA airplanes can provide applicable an operation conducted under an proposed requirements in § 135.99(c) for experience using ‘‘glass cockpit’’ and approved SIC PDP to be an authorized certificate holders, airplanes, and flight management systems in real- part 135 flight instructor for the flightcrew members during operations world IFR, weather, cross-country, and certificate holder. conducted under an approved SIC PDP. night flight in an airline-like Bemidji Aviation Services, NATA, The FAA also proposed changes to environment. and RACCA did not support proposed certain logging requirements to enable Further, AOPA, RACCA, and one § 135.99(c)(4), asserting that there is no the logging of SIC time obtained under individual stated the SIC PDP would rationale to support the requirement for a SIC PDP. The FAA proposed to revise provide opportunities for pilots to gain the PIC to be a qualified part 135 flight § 61.159(c)(1) to contain the flight hours. As proposed, these flight instructor. Bemidji noted that training requirements for logging SIC pilot time hours could be used toward an airline PICs to be flight instructors would be in an operation conducted under part transport pilot (ATP) certificate. time consuming and of little value 135 that does not require an SIC by type Increasing the types of aircraft permitted because a new SIC under an SIC PDP certification of the aircraft or the to be used for an SIC PDP would will be in need of mentoring and real- regulations under which the flight is provide even more opportunities for this world experience, rather than the type being conducted. The FAA proposed to professional growth. of training a part 135 flight instructor revise the aeronautical experience In light of these comments, the FAA provides. Bemidji further contended requirements of §§ 61.159 and 61.161 to is revising proposed § 135.99(c)(2) to that this requirement indicates that allow a pilot to credit SIC time logged allow multiengine airplanes or single- revenue flights are training flights rather under an SIC PDP towards the total time engine turbine-powered airplanes to be than operations as a crew. However, as a pilot requirements. The FAA also used in an approved SIC PDP. In Public Bemidji stated it would support certain proposed to revise the definition of pilot Law 111–216, Congress directed the crew pairing requirements. NATA time in § 61.1, the prerequisites for FAA to ensure applicants for an ATP believed that this requirement could practical test in § 61.39(a)(3), and the certificate have received flight training, limit operators from implementing a SIC logging requirements of § 61.51(f) to academic training, or operational PDP. RACCA stated that requiring the reflect the allowance for SICs to log experience that will prepare the pilot to, PIC to be a part 135 flight instructor is flight time in part 135 operations when among other things, function effectively not necessary; however, initial operating not serving as required flightcrew in a multi-pilot environment, in adverse experience (OE) under supervision by a members under the type certificate or weather conditions, and during high flight instructor, additional line checks, the regulations. altitude operations, and to adhere to the or other intermittent quality assurance Airlines for America (A4A) and two highest professional standards. The verifications are appropriate. RACCA individuals supported the proposed SIC FAA finds that pilots can obtain the stated that it appeared the FAA’s intent PDP without change. They noted the operational experience described in was, from SIC initial qualification until benefits of mentoring, crew resource section 217 of Public Law 111–216 the SIC was qualified to serve as PIC in management training, and the overall using either a multiengine airplane or a part 135, an SIC logging flight time experience gained by accumulating single-engine turbine-powered airplane under an SIC PDP would be required to more flight time in a complex under an approved SIC PDP. The FAA fly with a PIC who was a part 135 flight environment. is revising proposed § 135.99(c)(2) instructor. RACCA believed that the Several commenters suggested accordingly. ‘‘professional development’’ element of changes to proposed §§ 135.99, 61.159 The FAA is adopting the proposed the SIC PDP needs to be concentrated in and 61.51, which are discussed below. requirement for the airplane to have an the initial training, checking, and OE 1. Airplane Requirements independent set of controls for the phases and that once the SIC has In the NPRM, proposed § 135.99(c)(2) second pilot flightcrew member, which successfully completed that portion, he/ would have required the aircraft may not include a throwover control she can continue to gain experience operated under an approved SIC PDP to wheel. The FAA also notes that the having completed that part of the be a multiengine airplane. equipment and independent program except for a possibility of more The Aircraft Owners and Pilots instrumentation requirements for the frequent quality assurance checks or Association (AOPA), Baron Aviation second pilot in § 135.99(c)(2)(i) through proficiency checks in operators’ Services, National Air Transportation (viii) remain unchanged from the programs than otherwise required for Association (NATA), Regional Air Cargo proposal.32 33 SICs in part 135. However, RACCA also Carriers Association (RACCA), stated the SIC flight time in revenue Tradewind Aviation, and two 32 A cockpit voice recorder (CVR) is not required operations under the mentoring and individuals commented that single- for operations conducted under an approved SIC supervision of an experienced part 135 PDP. In accordance with § 135.151, no person may PIC is more directly applicable to engine turbine-powered airplanes operate a multiengine, turbine-powered airplane or should be included for use in an SIC rotorcraft having a passenger seating configuration further career flying than hours in the PDP. These commenters asserted that of six or more and for which two pilots are required following types of operations, which are single-engine turbine-powered airplanes by certification or operating rules unless it is currently acceptable: VFR flight equipped with an approved CVR that meets certain instruction, pipeline patrol, banner are equal to or more complex than requirements. However, the FAA notes that an certain multiengine airplanes. These operation under an approved SIC PDP is not towing, traffic watch flying, and light commenters indicated that high considered an operation for which two pilots are sport flying. RACCA further asserted performance single engine turbo- required by operating rules. that because the SIC PDP is restricted to 33 The FAA notes that the airplane is still less risky cargo operations, this propeller airplanes such as the Pilates required to comply with the equipment PC–12, Socata TBM 700, and Cessna requirements of §§ 135.89 and 135.157, as requirement only increases complexity Caravan can provide more beneficial applicable. and cost without any risk mitigation

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benefit.34 One individual asserted that a highest standards of technical in the new Advisory Circular as possible low time pilot could benefit under the performance, airmanship, and data collection methods. The FAA notes supervision of a seasoned PIC while professionalism. Part 135 regulations that the data provided to the FAA by the receiving real-world experience in a require pilots to complete recurrent certificate holder may be de-identified. crew environment. training to ensure that pilots remain The FAA further notes that records used Upon review of these comments competent in the performance of their for the data collection and analysis submitted by Bemidji, NATA, RACCA, assigned duties. The FAA has process will still be subject to record and individuals, the FAA has decided to previously recognized that the necessary requirements, such as the Pilot Records withdraw the proposed requirement for frequency for recurrent training is not Improvement Act of 1996 (PRIA).37 assigned PICs in a SIC PDP to be the same for all subject areas. The FAA Lastly, contrary to RACCA’s qualified part 135 flight instructors. expects that PICs serving in an approved statement, the SIC PDP is not restricted Under this proposed requirement, every SIC PDP will use mentoring skills to cargo-only operations. Except as operation conducted under an approved regularly and consequently these skills provided in § 135.99(d), any part 135 SIC PDP would have been required to are less susceptible to degradation. operator meeting the requirements of have a qualified part 135 flight Therefore, the FAA has determined that § 135.99(c) may voluntarily choose to instructor assigned as the PIC. This recurrent mentoring training must be seek approval of an SIC PDP. Section proposed requirement was intended to completed at least every 36 calendar 135.99(d) prohibits certificate holders create the appropriate training and months. The FAA will include who are authorized to operate as a basic mentoring environment to enable the recommended topics for mentoring operator, single PIC operator, or single proposed SIC PDP to support the training in a new Advisory Circular (AC pilot operator from obtaining approval Congressional directive and provide an 135–43) on obtaining authorization of to conduct an SIC PDP.38 Section effective method to acquire experience an SIC PDP. 135.99(d) remains unchanged from the for ATP certification. In the NPRM, the As indicated by commenters, proposal. FAA explained that the experience mentoring should be provided by an The requirements for certificate gained from working with and learning experienced PIC. For mentoring to be holders in §§ 135.99(c)(1)(i), (ii), and from a part 135 flight instructor in a effective, the FAA believes that the (iii) also remain unchanged from the crew configuration would have mentor (i.e., the PIC) must have a proposal. However, because the FAA is provided valuable experience. However, minimum level of experience and withdrawing the proposed requirement commenters suggested alternatives to knowledge of the certificate holder’s for assigned PICs to be qualified part the requirement for the PIC to be a part operations. Therefore, prior to 135 flight instructors, the FAA is also 135 flight instructor. Upon review of assignment as a PIC in an operation withdrawing proposed these suggestions, the FAA has conducted under an SIC PDP, the PIC § 135.99(c)(1)(iv), which would have determined that a combination of these must have been fully qualified to serve required flight instructor alternatives will be an equally effective as a PIC for the certificate holder for at standardization meetings. method to support the Congressional least the previous six calendar months. The FAA further notes that the directive while ensuring these SICs are The FAA believes that in six months, requirements for persons serving as SIC gaining valuable experience for ATP the PIC would have conducted in § 135.99(c)(3)(i) through (iv) remain certification. numerous flights with various unchanged from the proposal. The FAA agrees with Bemidji, environmental and operational factors 3. Logging Requirements RACCA, and the individual commenter which would have allowed the PIC to that a new SIC needs mentoring and effectively consolidate his/her In the NPRM, the FAA proposed to real-world experience.35 The FAA finds knowledge and skills of operations at revise § 61.159(c) to set forth the this objective could be accomplished by that certificate holder. Certificate requirements for logging SIC pilot time requiring the assigned PIC to have a holders should encourage PICs serving in a part 135 operation that does not certain amount of experience and in an operation conducted under an SIC require an SIC by type certification of mentoring training, rather than PDP to provide observations and the aircraft or the regulations under requiring him or her to meet the full comments to be used in the data which the flight is being conducted. training and qualification requirements collection and analysis process. Proposed § 61.159(c) would have for a part 135 flight instructor. As proposed in the NPRM, allowed a commercial pilot to log SIC In new § 135.99(c)(4)(i) and (ii),36 the § 135.99(c)(1)(iii) requires the certificate pilot time toward the hours of total time FAA is including crew pairing holder with an approved SIC PDP to as a pilot required by §§ 61.159(a) and requirements for flights conducted establish and maintain a data collection 61.160, provided the SIC pilot time was under an SIC PDP. Prior to assignment and analysis process that will enable the obtained in part 135 operations as a PIC in an operation conducted certificate holder and the FAA to conducted under a SIC PDP in under an SIC PDP, the PIC must determine whether the professional accordance with § 135.99 and the PIC complete mentoring training and have development program is accomplishing certified in the SIC’s logbook that the minimum experience at that certificate its objectives. Regarding RACCA’s holder. The mentoring training must recommendations for initial OE, 37 49 U.S.C. 44703(h). 38 include techniques for reinforcing the additional line checks, or other As further explained in the NPRM, these certificate holders—either by regulation or intermittent quality assurance deviation—are not required to develop and 34 RACCA’s comments on this issue were verifications, the FAA agrees these types maintain manuals that describe the procedures and submitted as to the regulatory evaluation. However, of events could be valuable components policies to be used by the flight, ground and the FAA has included the comments here because of an effective data collection and maintenance personnel. 14 CFR 135.21. they are related to the proposal and not specifically Additionally, these certificate holders are not the cost/benefit analysis. analysis process. In addition to the required to establish and maintain an approved 35 Section 135.99(c)(3) contains the requirements recommendations from RACCA, there pilot training program under § 135.341 or employ for a pilot serving as SIC under an approved SIC may be other suitable methods to obtain certain management personnel under § 119.69. PDP. relevant data for the data collection and Because of the limited size and scope of these 36 Section 135.99(c)(4) contains the requirements certificate holders’ operations, the FAA does not for a pilot assigned to serve as PIC under an analysis process. Therefore, the FAA believe that they would provide the environment approved SIC PDP. will include RACCA’s recommendations necessary to foster an SIC PDP.

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SIC pilot time was accomplished under As proposed, the FAA maintains in experience for the SIC while also § 61.159(c). The FAA also proposed that the final rule that a SIC logging flight increasing safety in these part 91 flights. the SIC pilot time obtained pursuant to time under § 61.159(c) is not permitted Furthermore, to log SIC flight time § 61.159(c) may not be logged as PIC to log this flight time as PIC time even during a part 91 flight operation time even if the SIC were the sole when he or she is the sole manipulator conducted for the certificate holder manipulator of the controls and may not of the controls. If the SIC time were to under an approved SIC PDP, the be used to meet the aeronautical count toward the requirements of requirements of § 135.99(c) must be experience requirements in § 61.159(a)(5), a pilot could meet the satisfied. Therefore, the aircraft is still § 61.159(a)(1) through (5) (e.g., cross- ATP aeronautical experience required to have an independent set of country flight time, night flight time). requirements and transition to a part controls for the SIC, which may not RACCA suggested the FAA allow a 121 SIC position directly from a SIC include a throwover control wheel, and pilot to use the time logged under a SIC PDP, without serving as a part 135 PIC— the minimum necessary equipment and PDP toward the more specific flight time which was not the FAA’s intent. As independent instrumentation for the requirements for ATP certification set explained in the NPRM, the FAA second pilot.40 These equipment and forth in § 61.159(a)(1) through (5), intended for § 61.159(c) to promote an instrumentation requirements ensure instead of only the 1,500 hours of total environment in which a pilot’s career that the SIC will be actively engaged as time as a pilot required by § 61.159(a). follows a progression within part 135 a pilot flying and pilot monitoring in RACCA asserted that there is little that includes the pilot serving as a PIC both VFR and IFR conditions while quantifiable difference in the value of in part 135 operations before conducting an operation under part 91 experience between aircraft that require transitioning to an SIC position in a part for the certificate holder. The flight time a two pilot crew and aircraft authorized 121 operation. The FAA finds that and duty period limitations and rest to utilize a two pilot crew in specific allowing the SIC time to be used only requirements in subpart F of part 135 circumstances. RACCA further asserted toward the total time as a pilot will also still apply. Additionally, the that experience obtained by a properly requirements of § 61.159(a) and the pilot serving as PIC in a part 91 flight trained and checked SIC is more specific flight time requirements of operation under an approved SIC PDP directly applicable to IFR complex § 61.159(a)(1) through (4) is consistent must be qualified and trained in airplane operations and subsequent with the proposal’s objective. A pilot accordance with § 135.99(c)(4). The career flying than hours in the following may use the time accrued under a SIC FAA finds that a pilot may obtain the types of operations, which are currently PDP to meet the time requirements of operational experience described in acceptable: VFR flight instruction, § 135.243 to serve as a PIC under part section 217 of Public Law 111–216 pipeline patrol, banner towing, traffic 135; then, as a required flightcrew during part 91 flights conducted for a watch flying, and light sport flying. member in part 135, that pilot may certificate holder when the operation is In response to RACCA’s comments, accrue the required PIC airplane time conducted in accordance with the FAA is revising proposed § 61.159(c) for an ATP certificate before § 135.99(c) and the certificate holder’s to allow pilots to credit time logged transitioning to a part 121 operation. operations specification for the SIC PDP. Consistent with the changes to For the reasons discussed above, the under a SIC PDP not only for total time proposed § 61.159(c), the FAA is also FAA is revising the proposed as a pilot, but also toward the specific revising proposed § 61.161(c) to allow amendments to §§ 61.159(c) and flight time requirements for ATP pilots to credit time logged under a SIC 135.99(c) to allow the logging of SIC certification set forth in § 61.159(a)(1) PDP toward both the total time as a pilot flight time in operations conducted through (4) (e.g., cross-country flight required by § 61.161(a) and the specific under parts 91 and 135,41 provided the time, night flight time, flight time in flight time requirements for ATP flight operation is conducted in class of airplane, and instrument flight certification set forth in § 61.161(a)(1), accordance with the certificate holder’s time). Under the proposal, the time (2), and (4) (e.g., cross-country flight operations specification for the SIC logged under a SIC PDP would have time, night flight time, and instrument PDP.42 The FAA notes that to ensure the counted toward the flight time flight time), except for the specific flight part 91 flights under an SIC PDP are requirements to serve as a PIC in part time that must be obtained in a conducted in a similar manner to part 135, which are located in § 135.243. helicopter. 135 flights, the operations specification Section 135.243 categorizes the flight Upon further review, the FAA has for the SIC PDP will include specific time requirements the same as decided to also allow SIC flight time to requirements for these part 91 flights § 61.159(a). Because the SIC time logged be logged during part 91 flight such as use of SOP, operational control, under the SIC PDP may be used toward operations (e.g., repositioning flights) and recordkeeping. the total time, cross-country time, conducted for the certificate holder RACCA and AOPA both instrument time, and night time when the operation is conducted in recommended additional revisions to requirements of § 135.243, the FAA accordance with the certificate holder’s proposed § 61.159(c)(1). AOPA asserted finds that it should also count toward operations specification for the SIC PDP. that the FAA’s proposed change to the same categories of flight time under The FAA has determined that these part § 61.159(c)(1) eliminates the ability of a § 61.159(a). However, as explained 91 flights share similar characteristics to required SIC to use logged SIC flight below, the FAA maintains that the PIC the part 135 flights, such as multi-pilot flight time requirements in environment, adverse weather 40 14 CFR 135.99(c)(2). § 61.159(a)(5), including the PIC cross- conditions, and high altitude 41 The FAA is also revising proposed § 61.51(e)(5) and (f)(3) and the definition of ‘‘pilot time’’ in § 61.1 country flight time and PIC night flight operations. The FAA has determined time, must be met as a required pilot to reflect this allowance. that if the certificate holder conducts 42 39 The FAA is adding new § 61.159(c)(2), which flightcrew member. these part 91 flights in a similar manner requires the flight operation to be conducted in to its part 135 flights, these part 91 accordance with the certificate holder’s operations 39 As proposed, the FAA is revising § 61.159(a)(5) specification for the second-in-command to clarify that to credit SIC time toward the 250 flights can provide beneficial flight professional development program. Consequently, hours of PIC flight time required by paragraph proposed paragraph (c)(2) is now paragraph (c)(3), (a)(5), the SIC must be a ‘‘required’’ flightcrew the supervision of a PIC. Under a SIC PDP, the SIC and proposed paragraph (c)(3) is now paragraph member performing the duties of PIC while under is not a required flightcrew member. (c)(4).

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time toward the total time requirement the time of application for the practical under an SIC PDP to meet the minimum for an ATP certificate in § 61.159(a). test. Due to the reorganization of experience requirements for the ATP RACCA recommended the FAA revise proposed § 61.159(c), the FAA is certificate. The proposed requirements the former language of § 61.159(c)(1)(iii) referencing § 61.159(c), instead of for the SIC PDP did not include ATP to ensure a required SIC can log flight § 61.159(c)(1), in the definition of ‘‘pilot training. A certificate holder is not time toward the total time requirements time,’’ and in §§ 61.51(f)(3) and required to have an SIC PDP. The FAA for an ATP certificate in § 61.159(a). 61.39(a)(3). Other than updating the emphasizes that an SIC PDP is voluntary Revisions to proposed § 61.159(c)(1) cross-reference to § 61.159(c), the and would impose no new requirements are not needed to allow a required SIC definition of ‘‘pilot time’’ and the on certificate holders conducting to log flight time toward the revisions to §§ 61.51(f) and 61.39(a)(3) operations under part 135 if they choose requirements for an ATP certificate in remain unchanged from the proposal. not to seek approval of an SIC PDP. Any § 61.159(a). Section 61.51(a) establishes The FAA also proposed to revise the certificate holders who choose to have the requirement for persons to logging requirements of § 61.51(e) to an SIC PDP would expect the benefits of document and record training and allow the part 135 flight instructor the SIC PDP to exceed their costs of the aeronautical experience used to meet serving as PIC in an operation SIC PDP. the requirements for a certificate or conducted under an approved SIC PDP One individual opposed the proposed rating under part 61. Section 61.51(f)(2) to log all of the flight time as PIC flight SIC PDP, indicating the proposal was a allows a person to log SIC flight time time even when the PIC is not the sole money-making scheme that does not when that person holds the appropriate manipulator of the controls. As consider the negative consequences. category, class, and instrument rating previously explained, the FAA is This individual cited previous negative and more than one pilot is required withdrawing the proposed requirement experience with non-required pilots in under the type certification of the that the assigned PIC be a part 135 flight the right seat of the aircraft stating these aircraft or the regulations under which instructor. The FAA is therefore revising unqualified non-essential pilots caused the flight is being conducted. Further, proposed § 61.51(e) to reflect the § 61.1(b) defines pilot time as including requirements the FAA adopted in distractions for the PIC. Additionally, time in which a person serves as a § 135.99(c). Accordingly, § 61.51(e)(5) this commenter did not agree that a non- required flightcrew member. now allows a commercial pilot or airline required SIC should be able to log flight Collectively, these regulations allow transport pilot to log all flight time time equal to the PIC unless the type flight time logged as a required SIC to while acting as an assigned PIC of an certification requires an SIC. be used toward the aeronautical operation conducted in accordance with Without additional information, the experience requirements for an ATP an approved SIC PDP that meets the FAA cannot address the specific certificate as delineated in § 61.159(a). requirements of § 135.99(c). circumstances presented by the Therefore, the FAA is not revising individual commenter. However, the 4. Miscellaneous Comments on the SIC proposed § 61.159(c)(1), as SIC PDP requires pilots assigned as a PDP recommended by commenters, because non-required SIC to meet the same the former language in § 61.159(c)(1), RACCA noted that the regulatory training and qualification requirements which allowed a person to credit SIC evaluation accompanying the NPRM as a required SIC. More specifically, flight time toward the total time stated ‘‘This proposal would provide an § 135.99(c)(3) requires the assigned SIC requirements in § 61.159(a), was additional option for commercial pilots to meet the SIC qualifications in redundant and unnecessary. seeking to meet the minimum § 135.245, the flight time and duty The FAA notes that proposed aeronautical experience requirements period limitations and rest requirements § 61.159(c) would have contained for the ATP certificate while also in subpart F of part 135, and the logging requirements for both SICs and providing a strong foundational crewmember testing and training flight engineers, similar to former experience for a developing professional requirements for SIC in subparts G and § 61.159(c). Upon further reflection, the pilot. For a commercial pilot to utilize H of part 135.43 The FAA notes that FAA has decided to restructure this option, an operator would have to these requirements remain unchanged § 61.159(c), (d) and (e) for clarity. The meet the additional requirements from the proposal. The FAA concludes FAA is relocating the flight engineer proposed in the NPRM. Any operators, that any concerns about unqualified logging requirements, which were who chose to do so, would expect their pilots have been alleviated. formerly in § 61.159(c)(2) and (3), to benefits to exceed their costs.’’ RACCA Additionally, the FAA notes that § 61.159(d). Thus, § 61.159(c) will believed this statement implies an although these non-required SICs will contain only the SIC logging additional, optional training be able to log SIC flight time under an requirements under the SIC PDP. The requirement for the SIC to count flight SIC PDP, there are restrictions. As FAA is redesignating former § 61.159(d) time under the SIC PDP toward the ATP described in the section on logging as § 61.159(e) and former § 61.159(e) as experience requirements. RACCA noted flight time, even if the SIC is the sole new § 61.159(f). that there is no requirement for an ATP manipulator of the controls, the SIC In addition to proposed § 61.159(c), certificate in part 135 cargo-only cannot log PIC time. Additionally, pilots the FAA proposed to revise the operations and therefore additional who use time logged under an SIC PDP definition of ‘‘pilot time’’ in § 61.1 and training for an ATP certificate imposes to meet the aeronautical experience the logging requirements in § 61.51(f) to an economic burden by requiring requirements for an ATP certificate will reflect the allowances for SICs to log training not applicable to the operation have a limitation on their certificate flight time in part 135 operations when for which the SIC is being qualified. indicating that the pilot does not meet not serving as required flightcrew Neither the NPRM, nor the regulatory the PIC aeronautical experience members under the type certificate or evaluation, proposed to require ATP requirements of the International Civil regulations. The FAA also proposed to training for an SIC to be able to log flight Aviation Organization (ICAO). revise § 61.39(a)(3) to require a pilot time under an SIC PDP. The statement who has logged flight time under the in the regulatory evaluation was 43 The assigned SIC is also required to meet the SIC PDP to present a copy of the records referencing the proposed new option for hazardous material training requirements in subpart required by § 135.63(a)(4)(vi) and (x) at commercial pilots to log flight time K, if applicable.

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5. Effective Date and Implementation holder must submit a revised training to meet the proposed instrument In the NPRM, the FAA proposed that program to the POI for approval. The recency requirements. the amendments to §§ 61.39, 61.51(e) revised training and qualification The FAA did not intend to foreclose the option of using a combination of and (f), 61.159(a) and (c), 61.161, and program must include (1) curricula for aircraft and FSTD to accomplish SIC 135.99(c) regarding logging flight time SICs that will serve in an SIC PDP, (2) instrument recent experience as a second in command in part 135 curricula for PICs that will serve in an requirements. The FAA is adding operations would be made effective 180 SIC PDP to include mentoring training language to proposed § 135.245(c)(2) to days after publication of any final rule and CRM training for two pilot flight clarify that a combination of aircraft and associated with the NPRM. In the crew operations, (3) curricula for flight instructors that will conduct the FSTD may be used. NPRM, the FAA acknowledged that AOPA also recommended that the these provisions affect part 119 training of PICs and SICs in an SIC PDP, and (4) curricula for check pilots that FAA withdraw proposed § 135.245(c) certificate holders conducting and retain the current § 135.245(a) operations under part 135 and will take will conduct the checking of PICs and SICs in an SIC PDP. In accordance with language to enable persons serving as more coordination and review by both SIC in a part 135 operation under IFR certificate holders and the FAA. §§ 135.21 and 135.23, the certificate holder must also submit a revised to use ATDs for instrument recency. The FAA recognizes, however, that Because § 61.57(c)(3) and (4) allow the the coordination and review timeframe manual to the POI for acceptance, which must include (1) standard operating use of ATDs to satisfy instrument will vary among certificate holders. recency requirements in part 61, AOPA Certain certificate holders’ manuals and procedures for operations with a two pilot flight crew, (2) duties and believed the requirements of current training programs may already include § 135.245(a) may be satisfied by the use some of the components of an SIC PDP, responsibilities of an SIC, and procedures to comply with the crew of ATDs. AOPA also believed that, such as SOP for conducting operations rather than eliminating the use of ATDs with a two pilot flightcrew, approved pairing requirements of § 135.99. The certificate holder must also submit for SICs serving in part 135, the FAA SIC training curriculums, and approved should add a limitation to specific CRM training for operations with a two procedures for the data collection and analysis process required by Letters of Authorization (LOA) if the use pilot flightcrew. In these instances, the of a particular ATD is not appropriate. FAA anticipates the development of the § 135.99(c)(1)(iii). The POI will review the documentation submitted by the As noted in the NPRM, the FAA does remaining components of an SIC PDP to not permit the use of ATDs to satisfy take less time than for certificate holders certificate holder. Once the documentation meets the requirements flight training, checking, and recency who must develop all components of an requirements in part 135. In accordance SIC PDP. for approval or acceptance, as applicable, the POI may authorize the with § 61.4, the Administrator may Therefore, in the final rule, the approve an ATD for specific purposes. SIC PDP via a new operations amendments to §§ 61.39, 61.51(e) and The FAA has never issued a LOA specification. The FAA will be issuing (f), 61.159(a) and (c), 61.161, and authorizing an ATD to be used to meet a new Advisory Circular to provide 135.99(c) will be effective 150 days after the qualification requirement of more detailed guidance to certificate publication of this final rule. This § 135.245.45 The FAA acknowledges the holders on obtaining authorization of an change in effective date will allow confusion created by referencing part 61 SIC PDP. certificate holders and pilots to benefit in § 135.245(a).46 The reference to from these provisions sooner than C. Instrument Recency Experience for ‘‘recent instrument experience proposed, provided the certificate SICs Serving in Part 135 Operations requirements of part 61’’ in § 135.245 holder has developed all components of Prior to this final rule, § 135.245(a) refers to § 61.57(c)(1) and (2) and (d). an SIC PDP and the certificate holder’s required a person serving as second-in- Therefore, the FAA is clarifying the SIC principal operations inspector (POI) has command (SIC) in a part 135 operation qualification requirements by including authorized use of the SIC PDP in the conducted under IFR to ‘‘meet the the express requirements of § 61.57(c)(1) certificate holder’s operations recent instrument experience and (2) and (d) in § 135.245(c) and (d) specifications. The FAA notes that requirements of part 61.’’ The FAA and by eliminating the reference to part review and acceptance or approval of proposed to remove the reference to part 61. the various components of an SIC PDP 61 in § 135.245(a) and move the current AOPA also recommended that the by the certificate holder’s POI is still instrument experience requirements in FAA withdraw the proposal in required prior to authorization in the § 61.57(c)(1) and (2) to new § 135.245(c). § 135.245(c)(2) for an instructor to be operations specifications. As such, As explained in the NPRM,44 it is more present when a part 135 SIC conducts certificate holders should plan appropriate for the express requirement instrument recency in a FSTD. AOPA accordingly to allow sufficient time for for instrument recency experience to be noted that, when the FAA modified the FAA acceptance or approval. listed in part 135 rather than by instrument recency requirements for As previously discussed, § 135.99 reference to another rule part. part 61 in 2009, the FAA indicated that allows a certificate holder to obtain The FAA received comments from it did not want to require an instructor authorization of an SIC PDP, which will two organizations regarding this to be present when using an approved be granted via a new operations provision. The Aircraft Owners and specification (A062). To be eligible for 45 Pilots Association (AOPA) and General Advisory Circular AC 61–136A, FAA Approval approval of a SIC PDP, a certificate of Aviation Training Devices and Their Use for Aviation Manufacturers Association holder must be authorized to conduct Training and Experience, explains that the FAA (GAMA) recommended the FAA revise will issue an LOA which will specify the part 61 IFR operations with a multiengine proposed § 135.245(c) to allow a pilot or part 141 provision(s) for which the specific ATD airplane or a single-engine turbine- serving as SIC in a part 135 operation to is approved for use. Further, the AC states that powered airplane, that meets the pilots may use ATDs in accordance with the LOA use a combination of aircraft and FSTD aircraft, equipment, and to meet the aeronautical experience requirements of part 61. instrumentation requirements of 44 NPRM, ‘‘Regulatory Relief: Aviation Training 46 See Legal Interpretation to Mr. Gerald Naekel § 135.99(c)(2). In accordance with Devices; Pilot Certification, Training, and Pilot from Mr. Donald P. Byrne, Assistant Chief Counsel §§ 135.323 and 135.325, the certificate Schools; and Other Provisions,’’ 81 FR at 29725. (June 18, 1991).

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training device, but the change was not under § 135.338 or a check pilot TAA instead of a complex or turbine- reflected in the regulatory language.47 If qualified under § 135.337. powered airplane. In addition to these the FAA’s intent had been Upon further consideration, the FAA regulatory changes, the FAA proposed implemented, AOPA asserted, an has decided to also include the to revise the practical test standards for instructor would not currently need to instrument proficiency check (IPC) commercial pilot applicants and flight be present for a SIC in a part 135 requirements of § 61.57(d) in § 135.245. instructor applicants seeking an operation to maintain instrument Because a person who fails to satisfy the airplane category single engine class recency in a FSTD. AOPA stated that instrument experience requirements of rating to allow the use of a TAA on the the FAA has failed to explain why an § 61.57(c) for more than six calendar practical tests. instructor must be present for SICs in a months may reestablish instrument The FAA received 35 comments on part 135 operation, but not for all other recency only by completing an IPC in these proposed changes. Twenty-seven pilots maintaining compliance with accordance with § 61.57(d), the FAA commenters generally supported the part 61. finds that the reference to ‘‘recent proposal. LOBO and 6 individuals did The SIC instrument experience instrument experience requirements of not support the proposal. One requirements were added to part 135 on part 61’’ in § 135.245 referred to the individual commenter did not opine, October 10, 1978, when the FAA instrument experience requirements of but asked for clarification regarding the published the ‘‘Regulatory Review § 61.57(c)(1) and (2) and the IPC definition of TAA. The following Program: Air Taxi Operators and requirements of § 61.57(d). The FAA sections respond to these comments. Commercial Operations’’ final rule, recognizes that proposed § 135.245 did not include the option to reestablish 1. Definition of Technically Advanced which substantially revised the Airplane requirements for operations under part instrument recency through an IPC. 135.48 In the final rule, the FAA stated However, the FAA did not intend to The FAA proposed to define that the primary objective was to eliminate this option for SICs in part ‘‘technically advanced airplane’’ in upgrade the level of safety by providing 135. The FAA intended only for § 61.1 based on the common and passengers traveling on a flight proposed § 135.245 to list the express essential components of advanced conducted under part 135 with a level requirements for instrument recency avionics systems equipped in an of safety comparable to part 121, rather than reference the requirements airplane, including a primary flight considering the differences between the of another part. Because the express display (PFD), a multifunction flight requirements for instrument recency operations. Further, the FAA stated that display (MFD) and an integrated two includes the IPC requirements of the final rule upgraded training, testing, axis autopilot. The FAA proposed that § 61.57(d), the FAA is including the IPC and proficiency requirements to ensure a TAA must include a PFD that is an requirements in new § 135.245(d). that passengers on aircraft operated electronic display integrating all of the However, to avoid confusion with under part 135 are flown by well following flight instruments together: § 135.297, which contains separate and qualified crewmembers. Specifically, An airspeed indicator, turn coordinator, unique instrument proficiency check the FAA stated that, ‘‘[s]ection 135.245 attitude indicator, heading indicator, requirements for PICs, the FAA is not not only contributes to raising the level altimeter, and vertical speed indicator. using the term ‘‘instrument proficiency of safety in part 135, but also enhances Additionally, the FAA proposed that an check’’ in § 135.245(d). Instead, the FAA crewmember qualifications.’’ 49 The independent MFD must be installed that is using the term ‘‘reestablish provides a GPS with moving map FAA’s position has not changed; instrument recency’’ for SICs.50 operations under part 135 require a navigation system and an integrated two The FAA notes that § 135.245(a) and 52 higher level of safety than operations axis autopilot. The proposed (c)(1) remain unchanged from the definition of TAA would have applied under part 91 including a higher level proposal. of crewmember qualifications than to permanently-installed equipment. required under part 61. Consistent with D. Completion of Commercial Pilot GAMA suggested the FAA work with the higher level of safety required for Training and Testing in Technically industry in refining the definition of part 135 operations, the FAA is Advanced Airplanes TAA to ensure that it is appropriately flexible to accommodate future retaining the requirement for an Prior to this final rule, a pilot seeking instructor to observe the tasks and technologies. a commercial pilot certificate with an The FAA recognizes that the proposed iterations conducted in an FSTD. The airplane single-engine class rating was definition would have been too FAA notes that this requirement has required to complete 10 hours of prescriptive. As explained throughout been relocated to § 135.245(c)(2)(iii). training in either a complex or turbine- this section, the FAA has revised the However, the FAA is no longer using 51 powered airplane. In the NPRM, the proposed language in response to the term ‘‘authorized instructor’’ as FAA proposed to add a definition of industry’s concerns to make it more proposed in the NPRM. The term technically advanced airplane (TAA) to flexible and accommodating of new ‘‘authorized instructor’’ is defined in § 61.1 and amend the training technologies. Furthermore, the FAA § 61.1; it is not defined in part 135. requirements to allow a pilot seeking a recognizes that the definition of TAA Therefore, for consistency with part 135 commercial pilot certificate with an would have inappropriately embedded requirements, the FAA is revising airplane single-engine class rating to requirements, which may have inhibited proposed § 135.245(c)(2)(iii) to clarify complete the 10 hours of training in a future technologies from falling under that the tasks and iterations must be the definition of a TAA.53 The FAA is observed by a flight instructor qualified 50 Consistent with the technical amendment to § 61.57(d), which is explained in section III.L. of this preamble, the FAA is not using the term 52 The MFD may also include additional 47 Legal Interpretation to Mr. Terrence K. Keller, ‘‘practical test standards’’ in the regulatory text of capabilities such as depicting weather, traffic, Jr. from Rebecca B. MacPherson, Assistant Chief § 135.245(d). Rather, for the reasons explained in terrain, navigation aids and airport information, but Counsel for Regulations (Aug. 6, 2010). section III.L., the FAA is codifying in § 135.245(d) these capabilities would not have been necessary to 48 Final Rule, ‘‘Regulatory Review Program: Air the areas of operation required to reestablish meet the proposed definition. Taxi Operators and Commercial Operations,’’ 43 FR instrument recency. 53 If the FAA were to adopt requirements in the 46742 (Oct. 10, 1978). 51 14 CFR 61.129(a)(3)(ii) and appendix D to part definition of TAA, the FAA would not be able to 49 43 FR at 46773. 141. grant an exemption from those requirements in the

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therefore revising the definition of TAA Aeronautical Knowledge defines a PFD split-screen display or two independent in § 61.1 to contain a more general and MFD in the glossary. PFD is defined screens for the PFD and MFD provided description of a TAA. TAA is now as ‘‘a display that provides increased the displays contain the minimum defined as an airplane equipped with an situational awareness to the pilot by elements required for each. electronically advanced avionics replacing the traditional six instruments Furthermore, in response to Twin City’s system. The FAA is relocating the used for instrument flight with an easy- comment, the FAA is clarifying the requirements regarding what a TAA to-scan display that provides the MFD requirements by first describing must contain to § 61.129 by adding new horizon, airspeed, altitude, vertical what the display shows (i.e., a moving paragraph (j). The FAA is also adding speed, trend, trim, and rate of turn map) and then describing how the language to § 61.129(j) to allow the FAA among other key relevant indications.’’ display is facilitated (i.e., using GPS to authorize the use of an airplane that MFD is defined as a ‘‘small screen (CRT navigation). Accordingly, § 61.129(j)(2) may not otherwise meet the or LCD) in an aircraft that can be used now requires the MFD to include, at a requirements of a TAA. This additional to display information to the pilot in minimum, a moving map using GPS language is intended to provide numerous configurable ways. Often an navigation. The FAA believes this flexibility by allowing the FAA to MFD will be used in concert with a revision to the proposed language accommodate future technologies that primary flight display.’’ clarifies that a system with a moving do not necessarily meet the confines of The FAA believes the terms PFD and map display common to GPS/WAAS the regulatory requirements for a TAA MFD add clarity to the TAA navigators would satisfy the MFD in § 61.129(j).54 requirements by describing and requirement. Additionally, the FAA is AOPA stated that the terms ‘‘Primary prioritizing the display features and requiring the aircraft position to be Flight Display (PFD)’’ and elements for TAA avionics and their displayed on the moving map. The FAA ‘‘Multifunction Display (MFD),’’ which respective functions. For example, the finds this additional language adds are not defined anywhere, will cause term PFD is specific to the use of the clarity to the MFD requirement and confusion. AOPA further noted that the primary flight controls to maintain ensures that existing equipment, such as same argument applies to removing aircraft attitude and positive control. the systems identified by Twin City, ‘‘advanced’’ from ‘‘electronically The PFD is used by the pilot to execute would satisfy the MFD requirement for advanced avionics system.’’ The appropriate use of the control stick or a TAA. addition of ‘‘advanced,’’ without any yoke for pitch and bank, rudder pedals Several commenters noted ambiguity clarification, will generate questions for yaw, and throttle for engine power. with requiring the MFD to include an over whether a particular system The PFD is designed specific to ‘‘integrated two axis autopilot.’’ Garmin qualifies as advanced or not. AOPA controlling the aircraft attitude and noted that the G500 and G600 have commented that if a particular airplane altitude relative to the horizon and the autopilot mode control and is equipped with the items in proposed surface of the earth, especially when annunciations capabilities for select paragraphs (i) and (ii), then the airplane outside visibility is poor or unavailable. autopilots on the PFD, not the MFD should be considered equipped as a The MFD has a different priority; its portion of the display. Therefore, the TAA with the appropriate electronic function is secondary to the PFD. The autopilot function itself is provided in avionics system. MFD is designed for navigational use a separate piece of equipment and not The FAA is retaining the terms and position awareness information, included in the MFD. Garmin also noted even though it may include some PFD that equipment, such as Garmin’s ‘‘Primary Flight Display,’’ features for redundancy. Furthermore, GTN650 and GTN750, could be ‘‘Multifunction Display,’’ and the FAA is requiring certain minimum considered an independent additional ‘‘advanced’’ in the TAA requirements. display elements for both a PFD and MFD that includes GPS with moving The FAA disagrees that the terms PFD MFD, respectively, thereby clarifying map navigation but the autopilot and MFD will cause confusion. These what will be considered a PFD or MFD. function and related mode control and terms are currently used and described As for the term ‘‘advanced,’’ the FAA annunciations are provided in separate in several FAA publications that are finds it necessary to describe the pieces of equipment. Twin City recognized by the aviation industry, avionics system of a TAA as suggested the FAA remove ‘‘integrated’’ including the Airplane Flying ‘‘advanced’’ to differentiate current new from the description of the autopilot, Handbook (FAA–H–8083–3B), the glass cockpit aircraft designs from older allowing the use of independent/ Pilot’s Handbook of Aeronautical aircraft that used six independent aftermarket autopilot systems. Knowledge (FAA–H–8083–25), the mechanical dial/analog style flight In response to these comments, the Aviation Instructors Handbook (FAA– instruments. FAA did not intend to exclude systems H–8083–9A), the Instrument Flying Twin City suggested the FAA clarify that provide autopilot functions Handbook (FAA–H–8083–15B), and the whether the MFD requirement may be separate from the MFD. The FAA is FAA/Industry Training Standards satisfied by a split-screen display (e.g., therefore separating the ‘‘two-axis (FITS). The Pilot’s Handbook of Dynon Skyview) or two independent autopilot’’ requirement from the MFD screens (e.g., Garmin G500) contained requirement. Accordingly, under new future because the FAA’s regulations describe an within a single physical unit. Twin City § 61.129(j)(3), the two axis autopilot is exemption as a request for relief from the requirements of a regulation. 14 CFR 11.15. also asked whether the moving map no longer required to be included as 54 The FAA will revise Order 8900.1, Flight display of common GPS/WAAS part of the MFD. This change from what Standards Information Management System, Vol. 5, navigators (e.g., Garmin GTN650/750, was proposed allows the use of Chapter 1, Sec. 4, Considerations for the Practical Avidyne IFD 440/540) would meet the independent/aftermarket autopilot Test, 5–85 AIRCRAFT AND EQUIPMENT USED DURING PRACTICAL TESTS to describe the MFD requirement. systems. process for obtaining an authorization that Section 61.129(j)(2) requires only the Twin City also asked the FAA to designates an aircraft as a TAA in accordance with minimum elements of a MFD; it does specify whether the integrated autopilot § 61.129(j). The FAA will also revise AC 61–65 to not preclude the use of a split-screen must include GPS roll steering (GPSS). provide guidance on how to submit a request to the Administrator to gain approval of an airplane as a display or two independent screens Furthermore, Twin City asked whether TAA, if the airplane does not already meet the contained within a single physical unit. the proposed two-axis requirement express requirements of § 61.129(j). Therefore, a manufacturer may use a would have been satisfied by autopilots

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with altitude hold function only, or if minimum, a Global Positioning System GPS navigation with the aircraft vertical navigation (altitude preselect, (GPS) with moving map navigation and position displayed. glideslope tracking, etc.) is required. an integrated two axis autopilot’’ is GAMA commented that the FAA In response to Twin City’s comments, problematic. Garmin explained that the should consider whether it is the TAA requirements of § 61.129(j) do MFD portion of the G500 and G600 has appropriate to evaluate designating not require the autopilot to have GPSS. a moving map that is driven by GPS but certain rotorcraft as technically However, § 61.129(j) specifies only the the GPS is a separate piece of equipment advanced for certain training and testing minimum requirements for a TAA. and not included in the MFD portion of related initiatives in the future, noting Therefore, an autopilot may have the display. several benefits. additional features, including GPSS. In reference to the G500 and G600 The FAA appreciates GAMA’s The ‘‘two axis’’ requirement refers to the equipment identified by Garmin, the comments. However, the FAA finds it lateral and longitudinal axes. The FAA understands that the PFD and MFD unnecessary to designate a rotorcraft as autopilot at a minimum must be able to can be driven or supported by other technically advanced at this time track a predetermined GPS course or pieces of equipment to provide for its because there are no regulatory heading selection, and also be able to required functionality. Many of the requirements to obtain training in a hold a selected altitude. The autopilot is display features for the PFD and MFD technically advanced rotorcraft. not, however, required to control can be driven by separate pieces of 2. Amendment to Aeronautical vertical navigation other than holding a equipment that are connected to the Experience Requirement for Commercial selected altitude. The FAA is revising display. The TAA requirements in no Pilots the proposed language for clarity and to way restrict the use of peripheral or accommodate future advancements in supporting equipment that enables the The FAA proposed to amend technology. Rather than requiring the display functionality described for the § 61.129(a)(3)(ii) and appendix D to part MFD to have an integrated two axis PFD and MFD in the TAA requirements. 141 to allow a pilot seeking a autopilot, the FAA is requiring the TAA Therefore, the FAA finds that the G500 commercial pilot certificate with an to have a two axis autopilot integrated and G600 equipment identified by airplane category single engine class with the navigation and heading Garmin likely satisfies the requirements rating to complete the 10 hours of guidance system. The FAA believes this for an MFD. training in a complex airplane, turbine- revision from what was proposed Garmin also commented that the powered airplane, or a TAA, or any 57 clarifies the minimum requirements for phrase ‘‘Global Positioning System combination of these three airplanes. the two axis autopilot and also allows (GPS) with moving map navigation’’ AOPA, American Flyers, Bemidji, for flexibility in autopilot design and inappropriately mixes ‘‘GPS’’, ‘‘moving Eagle Flight Centre, UND, NATA, Twin installation. map’’, and ‘‘navigation’’ functionality. City, and nine individuals, supported AOPA, Garmin, and GAMA Garmin noted that FAA has separate the proposal, noting that it would recommended that the FAA not require TSOs for these functions, including for provide training alternatives to aging the MFD to be an ‘‘independent GPS sensors: TSO–C145 (GPS with complex airplanes and reduce costs. additional’’ piece of equipment because SBAS), TSO–C161 (GPS with GBAS), Several commenters noted that allowing this requirement would preclude a and TSO–C196 (GPS only); for moving TAAs in place of complex airplanes single display that features the required map: TSO–C165, and for navigation: would introduce commercial pilot information of both a PFD and a MFD TSO–C146 (standalone navigation candidates to risk management and from qualifying as a TAA. equipment using GPS/SBAS sensor) and increase pilot proficiency in systems The FAA agrees that the proposed TSO–C115d (required navigation management, integration, and use of definition of TAA would have been performance (RNP) equipment using glass cockpit instrumentation, which unintentionally restrictive and would multi-sensor inputs). Garmin added that would result in a safer, more valuable have excluded some qualifying aircraft it would be better to list these functions training experience. Commenters unnecessarily with its use of the phrase separately to allow for avionics explained the costs and maintenance ‘‘independent additional.’’ The architectures that provide these issues associated with aging complex proposed requirement for an MFD to be functions in different equipment that airplanes, and stated that allowing an independent additional piece of still supports the concept of a TAA. TAAs to be used as a replacement equipment was intended to ensure that In response to Garmin’s concern with would address the lack of availability of the minimum display elements are the use of the terms GPS, moving map, complex airplanes. Furthermore, several visible at all times. The FAA is not and navigation, the FAA is only commenters believed the proposal opposed to an aircraft having one describing the display functionality would enhance safety, while others display or piece of hardware that meets requirements of the PFD and MFD commented that any potential risk to the overall definition requirements of equipment. The FAA is not adopting safety would be mitigated by the § 61.129(j). The FAA is therefore any requirements for the underlying requirement in § 61.31(e) that a pilot removing the phrase ‘‘independent architecture or supporting equipment receive training and an endorsement additional’’ from the proposed language that would provide for the display from an instructor prior to acting as PIC to allow a single piece of equipment or functions or capabilities.56 Therefore, in a complex airplane. single display to satisfy the requirement while there may be different TSOs for As commenters noted, there are for both a PFD and MFD. However, to the various functions of GPS, moving several benefits associated with ensure that both displays are visible at map, and navigation resulting in allowing TAAs to be used in place of the same time, the FAA is requiring the separate pieces of underlying complex airplanes. For these reasons display elements for both the PFD and equipment, this equipment can support and for the reasons explained in the MFD (paragraphs (j)(1) and (2)) to be the MFD requirements so long as the 55 57 continuously visible. MFD includes a moving map that uses As previously stated, prior to this final rule, a Garmin noted that the proposed pilot seeking a commercial pilot certificate with an airplane single-engine class rating was required to phrase ‘‘(MFD) that includes, at a 56 The FAA notes that any installed equipment complete 10 hours of training in either a complex must meet the appropriate regulatory requirements or turbine-powered airplane. 14 CFR 61.129(a)(3)(ii) 55 14 CFR 61.129(j)(4) and standards. and appendix D to part 141.

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NPRM, the FAA is amending the applicant was seeking a land or sea Bemidji added that the current language § 61.129(a)(3)(ii) and appendix D to part rating. The FAA recognizes, however, in § 61.31(e) may become an issue in the 141 to allow a pilot seeking a that proposed § 61.129(a)(3)(ii) did not typical flight training environment if the commercial pilot certificate with an accurately reflect this intent as it complex airplane is no longer needed airplane category single engine class applied to commercial pilot applicants for the commercial certificate, and if rating to complete the 10 hours of for single-engine sea ratings. Rather, fixed gear multiengine aircraft become training in a complex airplane, turbine- proposed § 61.129(a)(3)(ii) would have more popular in the flight training powered airplane, or a TAA.58 allowed a commercial pilot applicant environment. AOPA recommended the FAA revise for a single-engine sea rating to use only the proposed rule language of a complex airplane. Therefore, The FAA agrees with revising § 61.129(a)(3)(ii) and appendix D of part consistent with its intent, the FAA is § 61.31(e) and (f) to allow a competency 141 to clarify that the combined use of revising proposed § 61.129(a)(3)(ii) to check under part 135 to meet the complex, turbine-powered, and allow applicants for a commercial pilot requirements for training in complex or technically advanced airplanes is certificate with a single-engine class high performance airplanes. However, permitted. rating (including both land and sea) to the FAA is not providing an exception As evident from the NPRM, the FAA complete the 10 hours of training in a for part 121 or 125 operators. The intended to allow a pilot seeking a complex, turbine-powered, or change to the commercial pilot training commercial pilot certificate with a technically advanced airplane, or any requirements to allow use of a TAA single engine class rating to complete combination thereof. The FAA is instead of a complex airplane for the the 10 hours of training in any specifying in § 61.129(a)(3)(ii), however, airplane single-engine class rating could combination of complex, turbine- that the airplane must be appropriate to require a part 135 air carrier or operator powered, and technically advanced land or sea depending on the rating to provide this training to newly airplanes. However, the proposed rule sought, which is consistent with the employed pilots who may not have language did not reflect this intent. The requirement in § 61.129(a)(3)(ii) as it previous experience in complex FAA is therefore adding language to existed prior to this final rule. The FAA airplanes. The FAA understands § 61.129(a)(3)(ii) and appendix D to part is also adding language to appendix D Bemidji’s comment to indicate that this 141 to clarify that any combination of a to part 141 to clarify that the airplane change could also require a part 135 air complex airplane, turbine-powered used to satisfy the 10 hours of training carrier or operator to provide high- airplane, or TAA may be used. For in a complex, turbine-powered, or TAA performance airplane training to newly consistency, the FAA is also adding must be appropriate to land or sea employed pilots. The FAA infers this language to § 61.129(b)(3)(ii) and depending on the rating sought.59 suggestion from Bemidji’s comment appendix D to part 141 to clarify that a Bemidji suggested the FAA add an because many complex airplanes are pilot seeking a commercial pilot exception to § 61.31(e), which also high-performance airplanes. As a certificate with a multiengine class prescribes additional training for result, many pilots complete complex rating may complete the 10 hours of operating complex airplanes, and and high-performance training using the training using any combination of § 61.31(f), which prescribes additional same airplane. Therefore, since a multiengine complex airplanes or training for operating high-performance complex airplane is no longer required multiengine turbine-powered airplanes. airplanes, to allow a part 135 flight Furthermore, as explained in the instructor without a current flight for the commercial certificate with an NPRM, the FAA proposed to amend instructor certificate/flight instructor airplane single-engine class rating, it is § 61.129(a)(3)(ii) and appendix D to part instrument certificate to satisfy the more likely that a newly-employed pilot 141 to allow an applicant for a training and endorsement requirements at a part 135 air carrier or operator commercial pilot certificate with a of paragraphs (e) and (f). Bemidji might not have previous experience in single-engine class rating to complete 10 recommended an exception similar to a high-performance airplane. hours of training in a complex, turbine- § 61.31(g)(3)(iv), which excepts from the In accordance with § 135.323, a part powered or technically advanced training and endorsements requirements 135 air carrier or operator is currently airplane. The FAA explained how of paragraphs (g)(1) and (2) persons who required to establish and implement an demonstration of proficiency in an can document satisfactory completion of approved training program that ensures airplane that is electronically complex a PIC proficiency check under part 121, that each pilot, flight instructor, and will be comparable to the demonstration 125, or 135 conducted by the check pilot is adequately trained to of proficiency in an airplane that is Administrator or by an approved pilot perform his or her assigned duties. mechanically complex. Thus, based on check airman. Bemidji noted that Therefore, a part 135 approved training the FAA’s proposal, the option to use a complex airplane training is becoming program for an airplane that meets the TAA was intended to apply to all difficult for new pilots to receive in both definition of complex or high- commercial pilot applicants for a single- part 61 and part 141 flight school performance will include the required engine class rating regardless of whether environments and that an increasing ground and flight training necessary to number of part 135 instructors do not meet the intent of § 61.31(e)(1)(i) and 58 General Aviation Airplane Shipment Report, maintain a current flight instructor (f)(1)(i), as applicable. All part 135 End-of-Year 2006 (Washington, DC: General certificate because it is not required. Aviation Manufacturers Association, 2007) pilots are required to complete a indicates that 92 percent of the 2,540 piston § 135.293 competency check every 12 airplanes delivered during 2006 were equipped 59 Under appendix D to part 141, each approved with glass cockpit electronic flight displays. An course must include flight training on the approved calendar months. Therefore, the FAA Aircraft Owners and Pilots Association Air Safety areas of operation listed in section 4, paragraph (d) agrees with Bemidji that it is Foundation Special Report titled ‘‘Technically that are appropriate to the aircraft category and appropriate to include an exception in Advanced Aircraft—Safety and Training’’ states class rating for which the course applies. For an ‘‘virtually every newly designed transportation airplane single-engine course, paragraph (d) § 61.31(e) and (f) for persons who have airplane is a TAA, including Lancair, Cirrus, requires training on airport and seaplane base successfully completed a § 135.293 Diamond, and the Adam 500 * * * Many owners operations. Therefore, the FAA finds that the ten competency check in a complex or high are retrofitting their classic aircraft to convert them hours of training in a complex, TAA, or turbine- performance airplane, or in an FSTD to TAA with IFR-certified GPS navigators and powered airplane should be appropriate to land or multifunction displays.’’ sea depending on the rating sought. that is representative of a complex or

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high performance airplane.60 The FAA with respect to commercial pilot valuable experience in cockpit is adding these exceptions to certification. management procedures and complex § 61.31(e)(2)(ii) and (f)(2)(ii).61 The FAA Similarly, SAFE and one individual systems operations, not provided by notes that, in accordance with these recommended the FAA require a TAA. Specifically, LOBO noted that the exceptions, the competency check must commercial pilot to have at least 10 perception that an FAA checkride in a be documented in the pilot’s logbook or hours of PIC time in a complex airplane single engine TAA will produce a training record. Because part 125 prior to exercising commercial commercial pilot with the same skills as operators are not required to have privileges in a complex airplane. one who had to learn complex airplane approved training programs, persons The FAA is not adding additional operations is false. One individual will not have received the required training or experience requirements to noted that training in a complex ground and flight training specific to the § 61.31(e). Adding the option to train in airplane provides the proper mindset operation of complex and high a TAA at the commercial pilot level and cockpit management procedures performance airplanes in accordance does not change the FAA’s safety needed in order to be successful long with an approved training program prior assessment that a person who complies term pilots. Additionally, one to completing a part 125 competency with § 61.31(e), which requires training individual, identified as an instructor, check. Therefore, the FAA is not and an endorsement from an authorized noted that the original purpose of the providing an exception for part 125 instructor certifying that the person is regulation was to ensure pilot operators. Furthermore, the FAA finds it proficient to operate a complex airplane, demonstration and mastery of both the unnecessary to include a part 121 is sufficient. technical aspects of the system LOBO and four individuals, including proficiency check as an exception to operation and incorporating that one who identified himself as an § 61.31(e) and (f). Section 121.159 understanding into the safe and efficient instructor, opposed the provision, prohibits certificate holders from operation of the airplane. This asserting that the proposed amendments operating a single-engine airplane under individual further believed that the FAA would provide for a commercial pilot part 121. To obtain a commercial has lost sight of that purpose in seeking certificate without experience operating certificate with an airplane multiengine to substitute a TAA in place of complex the controls of a mechanically complex land class rating, § 61.129 requires a or turbine powered airplanes. airplane. LOBO stated that as proposed, The FAA disagrees with comments pilot to have received training in a training will result in a pilot who can multiengine complex airplane. suggesting that TAA skills are not as operate TAA, but will know nothing significant or as necessary as complex Furthermore, § 121.436 requires pilots about systems and procedures on serving in part 121 operations to hold an airplane skills. The FAA does not complex airplanes such as controllable suggest that this is the same skill set ATP certificate and an appropriate type pitch propellers and retractable landing required for operating a complex rating, and § 61.159(a)(3) requires an gear systems. LOBO further stated that airplane, but an appropriate experience applicant for an ATP certificate with a many of these commercial pilots will go requirement for a commercial pilot multiengine rating to have 50 hours of on to get flight instructor certificates applicant. This final rule allows the flight time in a multiengine airplane (of and teach in single engine airplanes, combined use of a turbine-powered, which 25 hours may be completed in a again without having to demonstrate complex, or TAA for satisfying the FFS). As a result, the FAA expects that complex system operations. The experience requirements. In fact, most, pilots will receive the training and individual, who identified himself as an if not all, production aircraft currently endorsements required by § 61.31(e) and instructor, stated that it is the produced now have glass cockpits (f) prior to obtaining employment at a degradation in physical pilot skills that utilizing advanced LCD displays for part 121 air carrier. has been noticed over time as having aircraft control and navigation. These An individual, who identified himself become problematic to the FAA and advanced flight information systems are as a pilot, suggested that to mitigate the National Transportation Safety Board. becoming mainstream equipment in risk of gear up landings for students that This commenter noted the importance both general and commercial aviation did not receive training in complex of demonstrated skill with learning, aircraft operations, and many older airplane it may be appropriate to amend understanding and demonstrating a aircraft are being retrofitted with this the requirements of 14 CFR 61.31(e). complicated aircraft system in the new instrument glass cockpit This individual suggested requiring performance of flight duties. Another technology. additional experience and/or training individual noted that the proposal The FAA emphasizes that prior to prior to receiving the complex would provide the pilot with no acting as PIC of a complex airplane, a endorsement, rather than keeping the experience in the flight dynamics commercial pilot (or any other requirement under § 61.129(a)(3)(ii) (changing pitch and drag) when certificated pilot) must receive and log operating landing gear, flaps and a additional ground and flight training in 60 In accordance with § 135.341, part 135 air controllable propeller. a complex airplane and receive an carriers or operators with only one pilot employee LOBO and three individuals, one of endorsement from an authorized are not required to have an approved training whom identified himself as an instructor certifying that the person is program. While these pilots are still required to instructor, noted that a combination of proficient to operate a complex have satisfactorily completed a § 135.293 62 competency check every 12 calendar months, the complex airplane and TAA for use airplane. This final rule does not FAA finds that they may only be excepted under during training and checking would be remove or amend that requirement in new § 61.31(e)(2)(ii) and (f)(2)(ii) if they have a better choice. Specifically, LOBO any way. The FAA does not dispute that received ground and flight training under an suggested that commercial pilot proficiency in a complex airplane is a approved training program. 61 To add the exceptions to paragraphs (e)(2) and applicants should have to demonstrate necessary skill for a commercial pilot (f)(2), the FAA had to reorganize the paragraphs. proficiency with both glass cockpit who intends to operate as PIC in such Accordingly, the exceptions that were provided in technology and complex system airplanes. Authorized flight instructors former paragraphs (e)(2) and (f)(2) are now in operations, including use of the landing who provide these complex airplane paragraphs (e)(2)(i) and (f)(2)(i), respectively. The new exception for persons who have satisfactorily gear. endorsements have a responsibility to completed a competency check under § 135.293 are LOBO and three individuals generally now in § 61.31(e)(2)(ii) and (f)(2)(ii). noted that current requirements provide 62 14 CFR 61.31(e).

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ensure the pilot is proficient and United States.’’ (Turner, 2015). LOBO commercial pilot experience competent before providing the stated that Turner also stated that requirement. endorsement. Therefore, pilots will landing gear related mishaps cost the LOBO disagreed with the FAA’s continue to be formally trained and insurance industry (and the owners who position that there are certain challenges required to demonstrate competency pay premiums) nearly $1 million per with availability, maintenance and cost and proficiency in a complex airplane month in claims or $12 million per year, of complex airplanes. Specifically, prior to receiving an endorsement far more than the $1.6 million per year LOBO stated that the FAA’s position authorizing a pilot to operate and act as 65 in savings proposed by the NPRM. that airplanes with retractable landing PIC in a complex airplane.63 The FAA The FAA reviewed the gear up gear are unavailable for purchase, further emphasizes that a fixed amount landing statistics referenced by LOBO of time or experience in an aircraft does expensive to maintain, and are not and has determined, with the assistance equipped with glass cockpits, is false. not guarantee pilot proficiency. Training of the National Transportation Safety time requirements leading to pilot LOBO noted that it is aware of at least Board, that the gear up landing statistics one retractable gear airplane with a proficiency can vary from one are significantly less than described, Garmin G500 cockpit and that there are individual to another. A flight instructor representative of mostly private single engine retractable gear airplanes is expected to provide a sufficient operators, and the majority of them not suitable for flight training available at amount of training time as necessary to engaged in commercial operations. The affordable prices, but did not provide verify proficiency before providing a NTSB reported to the FAA that between any specific data. One individual pilot operating privileges and January 2013 and June 2016 there were endorsements.64 a total of 59 gear-up incidents and acknowledged the higher maintenance LOBO and two individuals believed accidents reported, and all but one was costs for complex airplanes, but also that the proposal would increase the operating under part 91 operating noted the higher acquisition costs for risk of gear up landings. LOBO asserted rules.66 Additionally, of the 59 reports, TAAs. This individual explained that that the number one cause of all Lancair half were private pilots acting as PIC there is little cost difference to the accidents and incidents is failure to and 93% reported no injuries. This student because the equally high follow proper procedures. An information suggests that the cost of maintenance and acquisition costs are individual explained the need for pilots such incidents or accidents is much passed on to the renter. Another to be trained on operations of retractable lower and contradicts the LOBO’s individual believed that the initial landing gear and the associated position and referenced data. This acquisition costs for TAAs makes the emergency procedures. This individual would also reduce the insurance costs cost of training in TAA far greater than emphasized that training in a TAA estimates that LOBO references from in complex airplanes. cannot serve as a substitute. This final rule does not eliminate the Turner, and suggests that those costs are Based on public comment, the GAMA requirement for a pilot to receive also significantly lower. LOBO failed to shipment database, and discussion with training in complex airplane operations provide how this third party statistical large general aviation organizations, the prior to acting as PIC of a complex data is captured, substantiated, or current fleet of available complex airplane. The amendment to verified. In the NPRM, the FAA airplanes is decreasing. Many § 61.129(a)(3)(ii) allows a pilot to use a determined that the cost savings commenters describe limited or no TAA as an alternative to a complex benefits allowing the use of TAA would availability of complex airplanes for airplane to satisfy the aeronautical be about $9.7 million or $8 million in rent. New production of these types of experience specified in paragraph present value at a 7 percent discount complex airplanes used for initial flight (a)(3)(ii). However, under § 61.31(e), a rate. This was based on half of all initial training is at an all-time low,68 and pilot is still required to receive training single engine commercial pilot maintenance costs for many of those in a complex airplane and an applicants (based on the number of older complex airplanes is steadily endorsement from the authorized certificates issued in previous years) increasing. As noted previously, other instructor certifying that the pilot is using a TAA aircraft for training and on commenters discussed the difficulty of proficient to operate a complex airplane the practical test. This also included obtaining parts and the associated cost. prior to acting as PIC of a complex cost savings associated with those who Additionally, the FAA never stated that airplane. An authorized instructor is would train and use a TAA for the flight complex airplanes do not have glass 67 responsible for providing as much instructor airplane practical test. The cockpits. The LOBO statement training time as necessary to ensure a FAA believes this is a very conservative describing a new complex airplane with person is proficient before providing a estimate and it is likely that more than a G500 glass cockpit at an affordable complex airplane endorsement. half will take advantage of using a less cost is contradictory to the current Therefore, the FAA does not expect the expensive TAA airplane for the understanding of the high cost for such final rule to result in an increase in gear complex airplanes. Also, the up landings. 65 In the NPRM, the FAA proposed that the cost commenter’s reference to higher LOBO cited a report by Tom Turner savings benefits allowing the use of TAAs would be about $9.7 million or $8 million in present value acquisition costs for TAA fails to take of the American Bonanza Society that at a 7 percent discount rate. While the commenter into account that the acquisition cost for noted ‘‘Tracking accident reports did not explain where he came up with $1.6 a retractable gear airplane of the same through other sources, I’ve found that million, the FAA assumes that the commenter year of production as a TAA aircraft, is nearly 20 percent of all accidents in divided $8 million by 5 years because the FAA estimated the net quantifiable present value benefits also equally expensive if not more so piston-powered, retractable gear over a 5 year analysis period. aeroplanes are gear-up landings. The 66 NTSB data available at https://app.ntsb.gov/ 68 The General Aviation Manufacturers U.S. Federal Aviation Administration avdata/ or contact the National Transportation Association website shows Cessna has not (FAA) tells us there is an average of Safety Board at 202–314–6000 and ask to be produced a piston engine retractable gear airplane three gear-up landings every week in the transferred to the Safety Research and Statistical since 1985 and Piper has produced only 28 piston Analysis Division and request a query of the engine airplanes with retractable gear since 2008 database. (16 being the Piper Arrow model). Production for 63 14 CFR 61.31(f) and (i). 67 81 FR 29719, May 12, 2016 (and the associated Beechcraft is also at an all-time low for piston single 64 14 CFR 61.31(e)(1). regulatory evaluation). engine airplanes with retractable gear.

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than a TAA.69 It may be true that there seaplane have flaps and a controllable include the option to use a TAA during are older less expensive complex pitch propeller has not been updated to the commercial pilot (single-engine airplanes available, but again, the reflect the revised definition of airplane) or flight instructor (single- limited availability, difficulty of ‘‘complex airplane’’ in § 61.1. In 2011, engine airplane) practical tests.72 obtaining parts and the cost associated the FAA amended the definition of Instead, the FAA removed from the with maintenance and refurbishing ‘‘complex airplane’’ to include airplanes commercial pilot ACS the requirement these older aircraft, makes their use cost and seaplanes equipped with a full to provide a complex or turbine prohibitive. authority digital engine control powered airplane for the initial practical The FAA also received comments on (FADEC).70 The FAA is, therefore, test.73 Additionally, the FAA removed ensuring the flight instructor providing adding language to § 61.129(b)(3)(ii) to from the flight instructor PTS the the training in a complex airplane or accommodate seaplanes equipped with requirement to provide a complex TAA is qualified to provide the training. a FADEC consistent with the definition airplane for the practical test.74 Specifically, SAFE recommended the of complex airplane in § 61.1. As explained in the NPRM, there are FAA amend § 61.195 to require a flight far fewer single engine complex instructor to have at least 10 hours of 3. Amendments to Commercial Pilot airplanes available to meet the ACS PIC time in a complex airplane prior to and Flight Instructor Practical Test requirement, and the single engine giving instruction in a complex airplane Standards complex airplanes that are available are and at least 10 hours of PIC time in a In the NPRM, the FAA proposed to older aircraft that are expensive to TAA prior to giving instruction in a revise the commercial pilot single maintain. Revising the airmen TAA. An individual also recommended engine airplane practical test standards certification standards to include the requiring flight instructors to have 10 (PTS) to permit the use of a TAA in option to use a TAA for the commercial hours of PIC time in a complex airplane. place of a complex or turbine-powered pilot and flight instructor practical tests The FAA is not requiring a flight airplane during the initial practical would have alleviated some of the cost, instructor to obtain a minimum of 10 test.71 The FAA also proposed to revise maintenance and production issues hours as PIC in a complex airplane prior the flight instructor single engine associated with single engine complex to instructing in a complex airplane. As airplane PTS to permit the flight airplanes. However, the FAA found that discussed previously, the FAA finds instructor applicant to use a TAA removing the ACS requirements to that the current training and during the initial practical test. furnish a complex or turbine powered endorsement requirement to act as PIC AOPA supported the proposed airplane achieves the same objectives. of a complex airplane as set forth in changes to the commercial pilot and Additionally, the FAA determined that § 61.31, in conjunction with the flight flight instructor PTS because they are removing these ACS/PTS requirements, instructor’s demonstrated knowledge of necessary to carry out the proposed rather than adding the option to use a the fundamentals of instruction, is amendments to § 61.129(c)(3)(ii) and TAA, more significantly reduces costs sufficient to ensure that this type of appendix D to part 141. for persons pursuing a commercial pilot training is provided effectively. UND recommended the FAA not or flight instructor certificate by Furthermore, the ability to provide require an applicant to use a TAA for allowing applicants to utilize less training in a complex airplane without the flight instructor practical test. UND expensive airplanes on the practical test having been evaluated on a practical test described that, according to the flight that are not turbine driven, complex, or is consistent with other § 61.31 instructor single engine airplane PTS, technically advanced. Furthermore, the endorsements, including high the TAA would be needed for ‘‘takeoff FAA found that no longer requiring a performance aircraft, tailwheel aircraft, and landing maneuvers as well as complex airplane to be furnished for the and high altitude operations. appropriate emergency procedures’’ and initial commercial pilot or flight Additionally, the FAA is not requiring questioned why a two axis autopilot is instructor practical test will not result in a flight instructor to obtain 10 hours as needed to demonstrate proficiency for a decreased level of safety. Airplanes PIC in a TAA prior to instructing in a takeoff and landings in a VFR traffic provided for the practical test will be TAA. The proposal was intended only pattern. UND suggested that this PTS less complex, newer, and not as likely to introduce commercial pilot requirement should be removed from a to fail due to mechanical and candidates to TAAs. Flight instructors PTS that focuses on VFR maneuvers. maintenance issues associated with are currently permitted to provide flight UND requested the removal of both the older single engine complex airplanes. training in airplanes with glass-cockpits complex airplane and the TAA airplane Additionally, prior to operating as PIC without having to receive any specific requirement from the flight instructor of a complex airplane, a pilot is still amount of training in the aircraft. single engine airplane PTS. required to receive flight training and an Therefore, allowing a flight instructor to Upon further review, the FAA endorsement from an authorized provide flight instruction in a TAA decided not to revise the commercial without first receiving extensive 72 pilot airman certification standards The FAA is in the process of replacing the training in the TAA will not result in a practical test standards (PTS) with the airman (ACS) and flight instructor PTS to decreased level of safety. Flight certification standards (ACS). instructors have the responsibility of 73 Notice N 8900.463, Use of a Complex Airplane 70 Final Rule, ‘‘Pilot in Command Proficiency During a Commercial Pilot or Flight Instructor ensuring their familiarity with an Check and Other Changes to the Pilot and Pilot Practical Test (Apr. 24, 2018) (outlining a change aircraft prior to providing flight School Certification Rules, 76 FR 54095, 54101 in policy regarding the testing of applicants for a instruction in that aircraft. (Aug. 31, 2011). commercial pilot or flight instructor certificate), Furthermore, since the NPRM, the 71 Prior to this final rule, the commercial pilot available at https://www.faa.gov/documentLibrary/ _ FAA has determined that the PTS for airplane required a pilot to use a complex media/Notice/N 8900.463.pdf. The FAA no longer or turbine-powered airplane for takeoff and landing requires applicants for a commercial pilot requirement in § 61.129(b)(3)(ii) that a maneuvers and appropriate emergency tasks for the certificate with an airplane single-engine rating to initial practical test for a commercial pilot provide a complex or turbine-powered airplane for 69 See www.controller.com (listing the price of a certificate with an airplane category. Similarly, the the associated practical test. Id. 2017 C–172 with G1000 equipment (non-complex) flight instructor PTS for airplane required an 74 The FAA no longer requires applicants for a at $403,295 on June 15, 2017); SkyTech Piper instructor candidate to use a complex airplane for flight instructor certificate with an airplane single- Dealer (quoting the price of a 2017 Piper Arrow the performance of takeoff and landing maneuvers engine rating to provide a complex airplane for the (complex) at $466,880 on June 15, 2017). as well as appropriate emergency procedures. practical test. Id.

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instructor certifying his or her believed that removing the requirement multiengine airplane to include these proficiency in a complex airplane.75 of category and class for instrument one-engine inoperative tasks. The FAA concluded that any airplane instructors makes absolute sense and In the interest of safety, the FAA has may be used to accomplish the tasks instrument flying and the regulations determined that, in order to provide described in the commercial pilot are the same no matter what aircraft is instrument instruction in a multiengine (single-engine) ACS or flight instructor being flown. airplane competently and safely, the (single-engine) PTS, provided that The FAA recognizes that instrument flight instructor must have been trained aircraft is capable of accomplishing all procedures are fundamentally and tested on giving instruction in a areas of operation required for the consistent within a particular category multiengine airplane including practical test and is the appropriate of aircraft and that the same instrument instruction on one-engine inoperative category and class for the rating flight rules apply in the NAS regardless tasks. Any task required for the sought.76 Therefore, the aircraft used for of what aircraft is being flown. multiengine airplane rating has the the practical test must still meet the However, upon further review, the FAA potential for becoming a single engine requirements specified in § 61.45. has determined that a flight instructor operation. Verification of flight E. Flight Instructors With Instrument who does not possess an airplane instructor proficiency in teaching Ratings Only category multiengine class rating on his emergency scenarios such as a loss of an engine during multiengine operations In the NPRM, the FAA proposed to or her flight instructor certificate has not been trained and tested on giving ensures that flight instructors can revise § 61.195(b) and (c) to allow a successfully mitigate such risk and flight instructor who holds only an instruction in a multiengine airplane, specifically instruction on one-engine safely provide instrument training in instrument-airplane or instrument- multiengine airplanes. helicopter rating on his or her flight inoperative tasks. The Flight Instructor instructor certificate to conduct Instrument Practical Test Standards Therefore, the FAA is revising instrument training.77 As proposed, the (PTS) are not the same for single-engine proposed § 61.195(c) by adding new flight instructor and the pilot receiving and multiengine airplanes because the paragraph (c)(2), which requires a flight instrument training would both have PTS contains two tasks that are specific instructor who possesses an instrument 78 been required to hold category and class to multiengine airplanes. If an rating on his or her flight instructor ratings on their pilot certificates that are applicant is completing the flight certificate to also possess an airplane applicable to the aircraft in which the instructor instrument practical test in a category multiengine class rating on his instrument training is accomplished. multiengine airplane, the standards or her flight instructor certificate when direct the examiner to have the conducting instrument training in a Therefore, under this proposal, the 80 flight instructor would no longer have applicant perform at least one of the multiengine airplane. Section been required to hold the appropriate following tasks: (1) An engine failure 61.195(c)(1) contains the proposed category and class ratings in addition to during straight-and-level flight and requirement, which has been revised to the instrument rating on his or her flight turns (Task IX. C); or (2) an instrument apply only to flight instructors giving instructor certificate. approach with one engine inoperative instrument instruction in aircraft other 79 The FAA received four comments on (Task IX. D). Similarly, the Flight than multiengine airplanes. Thus, this proposal. Three commenters Instructor Airplane PTS contains § 61.195(c)(1) allows an instrument-only supported the proposed changes to additional tasks for persons completing flight instructor to conduct instrument § 61.195(b) and (c); one individual the practical test in a multiengine training in an aircraft (other than opposed them. airplane, including tasks related to multiengine airplanes) provided the American Flyers stated that if an operating a multiengine airplane with instructor and the pilot receiving instrument instructor holds the one engine inoperative. Therefore, a instrument training hold category and appropriate category and class on his or flight instructor who holds an class ratings on their pilot certificates her commercial pilot certificate, he or instrument rating and an airplane that are applicable to the aircraft in she has already demonstrated category multiengine class rating on his which the instrument training is 81 proficiency on the tasks required for the or her flight instructor certificate has accomplished. commercial practical test. Eagle Sport been trained and tested on conducting The FAA is also revising § 61.195(e) stated that instrument procedures are training in a multiengine airplane to to clarify that a flight instructor may not standard across the board and include one-engine inoperative give instrument training in an aircraft instrument instructors should be maneuvers and/or approaches. The FAA that requires the PIC to hold a type qualified to teach them. One individual emphasizes that an initial flight rating unless the flight instructor holds instructor candidate who completes a a type rating for that aircraft on his or 75 14 CFR 61.31(e). flight instructor instrument-airplane her pilot certificate. While this revision 76 14 CFR 61.45. rating practical test in a single engine was not proposed in the NPRM, flight 77 Section 61.195 sets forth the limitations and airplane has not been trained and tested instruction includes instrument qualifications for flight instructors. Prior to this on providing instruction in a training; 82 therefore, former § 61.195(e) final rule, under § 61.195(b), an instructor could not conduct flight training in any aircraft for which the instructor did not hold a pilot certificate and flight 78 FLIGHT INSTRUCTOR INSTRUMENT 80 Section 61.195(c)(2) requires a flight instructor instructor certificate with the applicable category Practical Test Standards for AIRPLANE and conducting instrument training in a multiengine and class ratings for the aircraft in which the HELICOPTER, FAA–S–8081–9D with Changes 1 & airplane to meet the requirements of § 61.195(b), training was provided. Additionally, under 2, U.S. Department of Transportation, Federal which requires the flight instructor to hold the § 61.195(c), a flight instructor who provided Aviation Administration (July 2010). In ‘‘IX. Area applicable category and class rating on his or her instrument training for the issuance of an of Operation: Emergency Operations,’’ the FAA flight instructor certificate. instrument rating, a type rating not limited to VFR, notes that ‘‘[t]he examiner shall omit TASKS C and 81 As the FAA noted in the NPRM, the powered- or the instrument training required for commercial D unless the applicant furnishes a multiengine lift category does not contain any corresponding pilot and ATP certificates was required to hold an airplane for the practical test, then TASK C or D is class ratings, on either a pilot certificate or flight instrument rating on his or her pilot certificate and mandatory.’’ instructor certificate. flight instructor certificate that was appropriate to 79 The Flight Instructor Instrument PTS does not 82 Under § 61.1, ‘‘Instrument training’’ means that the category and class of aircraft used for the contain separate tasks for applicants completing the time in which instrument training is received from training. practical test in a multiengine helicopter. Continued

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would have applied to flight instructors final rule, § 61.195(b) required a flight sport pilot rating to receive a minimum conducting instrument training under instructor to hold a type rating only if of 1 hour of ground training and 3 hours paragraph (c). The FAA is revising appropriate. The FAA did not propose of flight training in an airplane with a paragraph (e) only for clarity. to change this requirement. Therefore, Vh greater than 87 knots CAS or in a FFS One individual, who is identified as the FAA is revising proposed or FTD that replicates an airplane with 87 a flight instructor, believed that an § 61.195(b) to require the flight a Vh greater than 87 knots CAS. instrument-only flight instructor may instructor to hold a flight instructor The FAA also proposed to revise not possess the skills necessary to certificate appropriate to category and § 61.415 by adding a new paragraph (h) manipulate the aircraft if the pilot flying class; to hold a pilot certificate; and to to clarify that a flight instructor with a loses control of the aircraft. The meet the requirements of § 61.195(e), if sport pilot rating may not conduct flight commenter further stated that applicable. Section 61.195(e) requires a training on control and maneuvering an instrument-only flight instructors do not flight instructor to hold a type rating on aircraft solely by reference to the have to demonstrate stalls or spin his or her pilot certificate if the aircraft instruments in an airplane that has a Vh proficiency on the practical test, and requires the PIC to hold a type rating. greater than 87 knots CAS without described observing many pilots on The FAA will revise FAA Order meeting the requirements in proposed instrument proficiency checks 8900.1 to be consistent with the flight § 61.412. Additionally, the FAA incorrectly recovering from an unusual instructor privileges and limitations proposed to revise § 91.109(c) to permit attitude training event pushing the associated with this rule. Additionally, a flight instructor with a sport pilot aircraft closer to a stall/spin scenario. these instructor privileges and rating who has obtained the For the reasons explained above, the limitations described for instrument endorsement proposed in § 61.412 to FAA agrees that an instrument-only training in an aircraft will also be serve as a safety pilot only for the flight instructor may not possess the applicable to training credits permitted purpose of providing flight training on skills needed to conduct instrument when using an FFS, FTD, or ATD.84 control and maneuvering solely by training in a multiengine airplane and is reference to the instruments to a sport F. Light-Sport Aircraft Pilots and Flight revising proposed § 61.195(c) pilot applicant seeking a solo cross Instructors accordingly. However, the FAA believes country endorsement in an airplane that a flight instructor with only an 1. Sport Pilot Flight Instructor Training with a Vh greater than 87 knots CAS. instrument-airplane rating or Privilege The FAA received six comments instrument-helicopter rating possesses In the NPRM, the FAA proposed to regarding this proposal. All commenters the skills necessary to conduct add new § 61.412 to authorize a flight supported the FAA allowing flight instrument training in an aircraft (other instructor with a sport pilot rating to instructors with a sport pilot rating to than a multiengine airplane). The Flight provide training on control and provide training to sport pilot Instructor Instrument Airplane and maneuvering solely by reference to the applicants on control and maneuvering Helicopter PTS states that examiners instruments to sport pilot applicants solely by reference to the flight shall place special emphasis upon areas receiving flight training for the purpose instruments. However, each commenter of aircraft operations considered critical of solo cross-country requirements in an expressed concern and offered revisions to flight safety, including positive airplane that has a V greater than 87 to proposed § 61.412. h AOPA, Chesapeake Sport Pilot (2 aircraft control, stall/spin awareness, knots CAS.85 Because a flight instructor individuals), and one individual and other areas deemed appropriate to with a sport pilot rating is not evaluated 83 recommended the FAA except flight any phase of the practical test. on this instructional knowledge, the instructors with a sport pilot rating who Additionally, because § 61.195(c)(1) FAA proposed to require a flight also hold at least a private pilot requires the flight instructor and the instructor with a sport pilot rating to certificate with a single-engine airplane pilot receiving the instrument training receive training and an endorsement rating from the proposed § 61.412 to hold on their pilot certificates the from a flight instructor certificated training requirement. appropriate category and class ratings in under subpart H that affirms the flight The FAA is not providing an advance of the instrument training, both instructor with a sport pilot rating has exception to the training and the instructor and the applicant will been found competent and is qualified endorsement requirements of § 61.412 have already been found proficient in to provide flight training on tasks and for flight instructors with a sport pilot stall prevention, recognition, and maneuvers performed solely by rating who also possess a private pilot recovery for the aircraft in which the reference to the flight instruments.86 certificate or higher. As the FAA instrument training will be Proposed § 61.412(b) would have explained in the NPRM, § 61.412(b) accomplished. required the flight instructor with a Furthermore, the FAA is revising and involves flight training for the purpose of giving instruction on control and restructuring proposed § 61.195(b) for 84 14 CFR 61.65(h) and (i). clarity. Proposed § 61.195(b)(2) would 85 Prior to this final rule, a flight instructor with maneuvering solely by reference to the have required the flight instructor to a sport pilot rating was not allowed to provide instruments. While a person who holds hold a pilot certificate with a type training on control and maneuvering solely by at least a private pilot certificate with a reference to the instruments. However, sport pilot single-engine airplane rating has rating, if appropriate. The FAA finds applicants are required to receive this training for that this language could have been the purpose of solo cross-country requirements in received three hours of flight training in interpreted as requiring the flight an airplane that has a Vh greater than 87 knots CAS. a single-engine airplane on the control instructor to hold a type rating, which 14 CFR 61.93(e)(12). Therefore, prior to this final was not the FAA’s intent. Prior to this rule, sport pilot applicants were required to obtain 87 Private pilot applicants have a similar this training from a flight instructor certificated requirement under § 61.109(a)(3) that requires 3 under subpart H of part 61. hours of flight training in a single-engine airplane an authorized instructor under actual or simulated 86 A flight instructor with a sport pilot rating is on the control and maneuvering of an airplane conditions. not required to receive this endorsement. The solely by reference to instruments, including 83 FLIGHT INSTRUCTOR INSTRUMENT endorsement will only be required if the flight straight and level flight, constant airspeed climbs Practical Test Standards for AIRPLANE and instructor with a sport pilot rating seeks the and descents, turns to a heading, recovery from HELICOPTER, FAA–S–8081–9D with Changes 1 & privilege of providing training to sport pilot unusual flight altitudes, radio communications, and 2, U.S. Department of Transportation, Federal applicants on maneuvering solely by reference to the use of navigation systems/facilities and radar Aviation Administration (July 2010). the flight instruments. services appropriate to instrument flight.

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and maneuvering of an airplane solely tasks described in the Private Pilot ACS continued review of the NPRM, the FAA by reference to the instruments pursuant Area VIII, Task F. discovered that the express language of to § 61.109(a)(3), he or she has not The FAA disagrees with SAFE’s § 61.195(c) would have prohibited an received training specific to ‘‘giving assertion. The training and subsequent instrument-only flight instructor from instruction’’ on control and endorsement that will be provided to providing flight training on the control maneuvering solely by reference to the the flight instructor with a sport pilot and maneuvering of an airplane solely instruments. Therefore, the training rating is not meant to be a practical test by reference to the flight instruments. requirements of § 61.412(b) are not and should not be treated as such. The As explained in the NPRM, a subpart H duplicative to § 61.109(a)(3). instructor providing the training can instructor is instrument rated and Eagle Sport LLC commented that make the determination of competency knowledgeable on the appropriate requiring a flight instructor with a sport without referencing the PTS standards. techniques for safely accomplishing pilot rating to obtain additional The training and endorsement required flight by reference to the flight instruction and an endorsement in order under § 61.412 is similar in nature to the instruments. Because flight training on to provide training on control and other training and endorsements the control and maneuvering of an maneuvering solely by reference to the instructors provide, such as for high airplane solely by reference to the flight flight instruments is needlessly performance, complex, or tailwheel instruments is not instrument training, cumbersome. One individual airplanes. it may be provided by a flight instructor commenter suggested that an SAFE also stated that it is unclear who does not hold an instrument rating endorsement may be sufficient (without what ‘‘use of radio aids and ATC on his or her flight instructor the need for a specific training time directives’’ means under proposed certificate.92 The FAA, therefore, requirement). § 61.412(c). To more clearly define it, concludes that a flight instructor who The FAA is requiring a flight SAFE suggested referencing the ‘‘Private holds an instrument rating on his or her instructor with a sport pilot rating to Pilot ACS Area VIII, Task F, Radio flight instructor certificate that is receive and log a minimum of one hour Communications, Navigation Systems/ appropriate to the aircraft in which the of ground training and three hours of Facilities, and Radar Services’’ instead. training is provided should also be flight training, as proposed. As stated in Because § 61.412(c) requires the flight allowed to provide flight training on the the NPRM,88 the basic instrument flight instructor with a sport pilot rating to control and maneuvering of an airplane training should involve flight training receive an endorsement certifying that solely by reference to the flight for the purpose of giving instruction on the instructor is proficient in providing instruments. Accordingly, the FAA is control and maneuvering solely by the flight training specified in adding new paragraph (l) to § 61.195 to reference to the flight instruments, § 61.93(e)(12), the FAA is describing the expressly allow an instrument-only including straight and level flight, turns, flight training in § 61.412(c) by using instructor to provide this training descents, climbs, use of radio aids, and language that mirrors the language of notwithstanding § 61.195(c). air traffic control directives.89 § 61.93(e)(12). Thus, the language ‘‘use The FAA understands that a flight Therefore, § 61.412(c) requires a flight of radio aids and ATC directives’’ does instructor with a sport pilot rating has instructor with a sport pilot rating to not introduce a new concept into the already demonstrated proficiency in the receive training for the purpose of regulations. It has been used in 14 CFR fundamentals of instruction and course giving instruction on the tasks specified 61.93 since 1997.91 Flight instructors development. A flight instructor with a in § 61.93(e)(12), as proposed. The FAA authorized under subpart H of part 61 sport pilot rating is evaluated and then believes that a minimum amount of have been conducting the flight training qualified on the fundamentals of flight training time on the tasks specified in required by § 61.93, which includes instruction before receiving a flight § 61.412(c) and an endorsement ‘‘use of radio aids and ATC directives,’’ instructor certificate.93 That same flight certifying proficiency in those tasks are for over 20 years. The FAA believes the instructor with a sport pilot rating will necessary to ensure that a flight phrase ‘‘use of radio aids and ATC then receive additional training from a instructor with only a sport pilot rating directives’’ is sufficiently clear. flight instructor authorized under has the experience, proficiency, and SAFE also stated that it is unclear subpart H, specific to giving instruction skills necessary to provide his or her what type of instructor would be on control and maneuvering solely by sport pilot students with the training authorized under subpart H. SAFE reference to the instruments. The FAA and skills required to safely operate a questioned if this should be any flight believes this will enable the flight light-sport aircraft solely by reference to instructor that meets the appropriate instructor with a sport pilot rating to the flight instruments.90 category and class requirement, an provide the training under § 61.93(e)(12) SAFE agreed that a one-time instrument flight instructor, or an effectively and safely. endorsement is appropriate, but asserted instructor who meets the requirements AOPA recommended the FAA revise that the minimum training requirement to provide instruction for an initial proposed § 61.412(b) to allow flight is insufficient. SAFE recommended that flight instructor certificate applicant. instructors with a sport pilot rating to the flight instructor with a sport pilot SAFE suggested the training be receive the required three hours of flight rating be required to demonstrate all the provided by an instructor with training in an ATD. AOPA explained substantial experience who also meets 88 81 FR at 29734. the requirements to provide training for 92 Legal Interpretation, Letter to Scott Rohlfing 89 14 CFR 61.93(e)(12). the initial flight instructor certificate. from Lorelei Peter, Acting Assistant Chief Counsel 90 Section 61.315 prescribes the privileges and for Regulations (Feb 24, 2016); Legal Interpretation, limitations of a person who holds a sport pilot The FAA intended for any flight Letter to Taylor Grayson from Rebecca B. certificate. Under § 61.315(c), a person who holds instructor authorized under subpart H to MacPherson, Assistant Chief Counsel for a sport pilot certificate may not act as PIC of a light provide the requisite training and Regulations (Jan. 4, 2010); Legal Interpretation, sport aircraft when the flight or surface visibility is endorsement to a flight instructor with Letter to Taylor Grayson from Rebecca B. less than 3 statute miles, or without visual reference MacPherson, Assistant Chief Counsel for to the surface. The FAA notes that receiving flight a sport pilot rating. However, in its own Regulations (July 6, 2010). instruction on control and maneuvering solely by 93 FAA–S–8081–29 SPORT PILOT Practical Test reference to the flight instruments does not give a 91 Final Rule, ‘‘Pilot, Flight Instructor, Ground Standards for Flight Instructor Pg. 4–13, I. AREA sport pilot privileges to operate contrary to the Instructor, and Pilot School Certification Rules,’’ 62 OF OPERATION: FUNDAMENTALS OF limitations established in § 61.315(c). FR 16220 (Apr. 4, 1997). INSTRUCTING.

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that a flight instructor with a sport pilot pilot certificate’’ is also consistent with any training received from a sport pilot rating who holds an endorsement under the terminology that exists in current instructor that would be credited must § 61.327(b) has already been found § 61.93(e)(12). Furthermore, the FAA is be completed in an aircraft appropriate proficient in an airplane with a Vh referencing § 61.327(b) for the reasons to the category and class rating for the greater than 87 knots CAS. Additionally, identified by AOPA. recreational or private pilot certificate because the flight instructor with a sport Eagle Sport LLC expressed concern sought.97 pilot rating and the sport pilot student with requiring student pilots seeking a As an alternative, the FAA considered will not be rated to fly under IFR, all the sport pilot certificate to receive training allowing all training received from a training to be conducted under on flight solely by reference to the flight sport pilot instructor to be credited by proposed §§ 61.412 and 61.93(e)(12) instruments as part of training for cross- an applicant seeking a recreational or will be performed under simulated country flight if operating a light sport private pilot certificate. An applicant instrument meteorological conditions, airplane that has a Vh greater than 87 would still be required to obtain a not actual instrument meteorological knots CAS. minimum of three hours of training in conditions. Lastly, AOPA also stated This requirement has existed since preparation for the practical test (within that limitations on the use of certain February 1, 2010.94 The NPRM did not the preceding 2 calendar months) from ATDs being used for this type of flight propose any changes to this a flight instructor under subpart H,98 as training can be imposed by the LOA requirement; therefore, Eagle Sport well as be endorsed by a flight process when the FAA evaluates and LLC’s comments on this provision are instructor under subpart H as being approves an ATD. outside the scope of this rulemaking. prepared for the required practical test. The FAA recognizes that proposed One commenter recommended the The FAA sought public comment, and § 61.412(b) would have allowed the FAA add instrument time to the any associated data, on this alternative. three hours of flight training to be requirements for flight instructors with The FAA received 13 comments on conducted in an airplane with a Vh a sport pilot rating. The FAA is not this proposal. Twelve commenters greater than 87 knots CAS, or in a FFS adopting this recommendation. The supported the proposed rule changes; or FTD that replicated an airplane with FAA finds it unnecessary to require a one commenter opposed them. a Vh greater than 87 knots CAS. The flight instructor with a sport pilot rating EAA, AOPA, one individual, and two FAA did not intend to preclude the use to obtain instrument training because a commenters writing on behalf of of ATDs under this provision. Because sport pilot may not operate when the Chesapeake Sport Pilot recommended ATDs are currently permitted to satisfy flight or surface visibility is less than 3 that all the training time received from training requirements for the instrument statute miles, or without visual a flight instructor with a sport pilot rating and recency, the FAA finds that reference to the surface.95 rating be allowed for credit for the they should also be allowed to satisfy The FAA notes that §§ 61.415 and recreational or private pilot certificate. the flight training requirements of 91.109 remain unchanged from the Both EAA and AOPA indicated that the § 61.412(b). Accordingly, the FAA is NPRM. The FAA also notes that it will same fundamental knowledge is revising proposed § 61.412(b) to also revise AC 61–65F to include the required for the sport pilot certificate as allow the use of ATDs, as AOPA appropriate endorsement language that other pilot certificates, that many of the recommended. can be used when authorizing a flight flight training requirements and tasks AOPA also recommended clarifying instructor with a sport pilot rating. changes to proposed § 61.412. First, 61.413. Therefore, prior to this final rule, under AOPA recommended revising the 2. Credit for Training Obtained as a § 61.51(h), a pilot could not count flight training Sport Pilot received from a flight instructor with only a sport proposed rule language to clarify that pilot rating (subpart K instructor) towards the the solo cross-country endorsement is In the NPRM, the FAA proposed to training requirements for a recreational pilot not issued pursuant to § 61.93(e)(12). revise § 61.99 and add new § 61.109(l) to certificate or private pilot certificate with category Rather, the required flight training allow a portion of the flight training ratings other than powered parachute and weight- maneuvers and procedures are listed shift control aircraft. received from a sport pilot instructor 97 For the airplane category single engine class, under § 61.93(e)(12). Second, AOPA who does not also hold a flight the FAA proposed to allow 10 hours of sport pilot stated that § 61.327 requires two instructor certificate issued under the training to be credited toward the 15 hours of different endorsements. AOPA requirements in subpart H to be credited training required for a recreational pilot certificate recommended referencing § 61.327(b), and toward the 20 hours of training required for the toward a portion of the flight training private pilot certificate. For the rotorcraft category rather than § 61.327 in its entirety, requirements for a recreational or gyroplane class, the FAA proposed to allow 10 because paragraph (b) requires the private pilot certificate with airplane, hours of sport pilot training to be credited toward endorsement for sport pilots who want rotorcraft, or lighter-than-air the 15 hours of training required for the recreational to operate a light-sport aircraft that has 96 pilot certificate and toward the 20 hours of training categories. The FAA proposed that required for the private pilot certificate. For the a Vh greater than 87 knots CAS. lighter-than-air category airship class, the FAA The FAA is revising proposed 94 Certification of Aircraft and Airmen for the proposed to allow 12.5 hours of sport pilot training § 61.412 to clarify that the flight training Operation of Light-Sport Aircraft; Modifications to to be credited toward the 25 hours of training on control and maneuvering an aircraft Rules for Sport Pilot, 75 FR 5204 (Feb. 1, 2010). The required for the private pilot certificate. For the solely by reference to the instruments is FAA removed the training requirement for student lighter-than-air category balloon class, the FAA pilots seeking a sport pilot certificate to receive proposed to allow 5 hours of sport pilot training, provided under § 61.93(e)(12), and the training in the control and maneuvering of an including 3 training flights with an authorized solo cross-country endorsement is airplane solely by reference to flight instruments instructor, to be credited toward the 10 hours of issued under § 61.93(c)(1). Additionally, prior to conducting solo cross-country flight in an flight training, including 6 training flights with an the FAA is using the phrase ‘‘student aircraft other than airplanes with a VH greater than authorized instructor, required for a private pilot 87 knots CAS. 75 FR at 5211. certificate. pilot seeking a sport pilot certificate,’’ 95 14 CFR 61.315(c). 98 14 CFR 61.109(a)(4), (d)(3), and (g)(3). The FAA rather than the proposed term ‘‘sport 96 Under § 61.51(h), a person may log training notes, however, that a person who applies for a pilot applicant,’’ because it more time when that person receives training from an private pilot certificate with a lighter-than-air accurately describes the pilots who authorized instructor in an aircraft, FFS, or FTD. A category and balloon class rating is required to sport pilot instructor is not authorized to conduct obtain a minimum of 2 hours in preparation for the must obtain the solo-cross country training for a recreational pilot certificate or a practical test within the preceding 2 calendar endorsement under § 61.93(c)(1). The private pilot certificate with airplane, rotorcraft, months from the month of the test. 14 CFR phrase ‘‘student pilot seeking a sport glider, or lighter-than-air category ratings. 14 CFR 61.109(h)(1) and (2).

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are the same, and that the credit limit pilots pursuing a sport pilot (in instrument maneuvers during the sport 104 does not provide a safety benefit. AOPA airplanes with a Vh greater than 87 knots pilot practical test. However, the stated there are sufficient safeguards in calibrated airspeed (KCAS)), holder of a sport pilot certificate who place, including subpart H instructor recreational pilot, or private pilot seeks a private pilot certificate will be training and endorsements, to ensure certificate in a single engine airplane required under § 61.109(a)(4) to receive that a sport pilot will be properly must receive the training specified in 3 hours of flight training in a single- qualified for the recreational or private § 61.93(e)(12) that includes control and engine airplane with a flight instructor pilot certificate and to ensure there is maneuvering solely by reference to authorized under subpart H in not a reduction in proficiency or safety. flight instruments, including straight preparation for the private pilot EAA and one individual stated that a and level flight, turns, descents, climbs, practical test. Because a large portion of flight instructor with a sport pilot rating use of radio aids, and ATC directives. In the Private Pilot ACS requires a is equally capable of providing recognition that these training tasks are demonstration of basic instrument flight instruction on the areas common to the similar to the ones described in maneuvers, a flight instructor under sport, recreational, and private pilot § 61.109(a)(3), which requires ‘‘control subpart H must observe an applicant’s certificates as a subpart H instructor. and maneuvering of an airplane solely proficiency before endorsing the student Several commenters, including EAA, by reference to instruments, including pilot for the private pilot practical noted how the proposal would lower straight and level flight, constant test.105 As such, even though a sport the cost and provide a viable path for airspeed climbs and descents, turns to a pilot may credit basic instrument flight those pursuing higher certificates. One heading, recovery from unusual flight training received from a flight instructor individual supported the proposal, attitudes, radio communications, and with a sport pilot rating toward noting how the current regulations the use of navigation systems/facilities § 61.109(a)(3), an applicant for a private imply that a flight instructor with a and radar services’’, the FAA will allow pilot certificate will likely receive as sport pilot rating is less qualified than training tasks described in § 61.93(e)(12) part of the training required by a subpart H instructor. provided to a sport pilot candidate by a § 61.109(a)(4) a substantial amount of After review of the comments and flight instructor with a sport pilot rating, flight training from a subpart H flight further analysis, the FAA has decided to to be credited toward the private pilot instructor on basic instrument flight allow all training received from a flight training requirements specified in maneuvers, including straight and level instructor with a sport pilot rating to be § 61.109(a)(3). This training credit will flight, constant airspeed climbs and credited by an applicant seeking a only be applicable if the training was descents, turns to a heading, recovery recreational or private pilot certificate. provided by a flight instructor with a from unusual flight attitudes, radio The FAA recognizes that an applicant sport pilot rating who has received the communications, and the use of for a sport pilot certificate must training and endorsement required by navigation systems/facilities and radar complete flight training on many of the § 61.412.103 However, the FAA has services appropriate to instrument same areas of operation required for a identified that the requirement for flight. Furthermore, a designated pilot 99 recreational or private pilot certificate. training specific to ‘‘recovery from examiner (DPE) will observe and test the Additionally, as explained in the unusual attitudes’’ specified in private pilot candidate on these basic NPRM, many of the tasks and § 61.109(a)(3) must be accomplished by instrument maneuvers according to the maneuvers outlined in the practical test a subpart H instructor. Sport pilot proficiency standards in the private standards for a sport pilot are the same candidates are not required to receive pilot ACS. as those outlined in the practical test training on recovery from unusual The FAA agrees with AOPA that standards for recreational or private sufficient safeguards are in place to 100 attitudes under § 61.93(e)(12). pilot. In fact, these areas of operation Therefore, § 61.412, which allows flight prevent any reduction in safety, must be performed to identical including the additional training and 101 instructors with a sport pilot rating to 106 proficiency standards. Therefore, the provide the flight training under recommendations required and FAA believes that all training received § 61.93(e)(12) provided the training and provided by a subpart H instructor and as a sport pilot candidate is relative to endorsement requirements are satisfied, the requirement for the applicant to pass the aeronautical experience required for a knowledge test and practical test to does not require flight instructors with a higher certificate. Accordingly, the the standards specified for that grade of a sport pilot rating to receive training FAA is not going to limit the sport pilot certificate. These safeguards would also from a subpart H instructor on recovery training that may be credited toward a include any additional training not from unusual attitudes. higher certificate to a prescriptive A student pilot seeking a sport pilot provided by a flight instructor with a number of hours. The FAA notes, certificate is not tested on basic sport pilot rating that is explicit to the however, that sport pilots applying for recreational or private pilot 107 a higher certificate are still required to 103 The FAA is adopting new § 61.412 in this final certificate. As previously stated, an complete all the requirements for the rule. Section 61.412 allows a flight instructor with applicant is also required to receive at specific certificate or rating sought, a sport pilot rating to provide flight training under least 3 hours of training in preparation which includes additional training § 61.93(e)(12) on control and maneuvering an for the practical test (within 2 calendar provided by a subpart H instructor and aircraft solely by reference to the flight instruments for the purpose of issuing a solo cross-country 104 successful completion of the knowledge endorsement under § 61.93(c)(1) to a student pilot Sport Pilot Practical Test Standards (FAA–S– test and practical test.102 seeking a sport pilot certificate, provided the flight 8081–29 Change 1, 2 and 3). Additionally, before receiving solo instructor with a sport pilot rating holds an 105 14 CFR 61.103(f), and Private Pilot cross-country privileges, all student endorsement required by § 61.327(b), has received Certification Standards (FAA–S–ACS–6A Change and logged the required training specified in 1). § 61.412(b) from an authorized instructor, and has 106 Authorized instructor recommendations 99 81 FR at 29735. received a one-time endorsement from a flight include signing the applicant’s pilot logbook record 100 Id. instructor authorized under subpart H who certifies and airman application certifying he or she is 101 Id. that the person is proficient in providing training prepared and qualified for the test. 102 Sections 61.99 and 61.109 contain the on control and maneuvering solely by reference to 107 For example, an applicant for a private pilot aeronautical experience requirements for the instruments in an airplane with a Vh greater certificate will still be required to receive night recreational and private pilot certificates, than 87 knots CAS. See Section III.E.1. Sport Pilot training and additional cross-country training respectively. Flight Instructor Training Privilege of this final rule. requirements. 14 CFR 61.109.

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months preceding the month of that flight instructors with a sport pilot SAFE commented that pilot application) from a flight instructor rating are still subject to the privileges certification under part 61 is based on qualified under subpart H.108 This and limitations of their flight instructor demonstrated performance. Therefore, if includes an endorsement from the flight certificate.112 Therefore, a flight a sport pilot meets the required instructor certifying that the applicant instructor with a sport pilot certificate is performance standards, the pilot should received training on the applicable areas not authorized to provide flight training not have to accomplish additional of operation for the certificate sought under subpart H to a recreational or training just because the previous and is prepared for the practical test. private pilot candidate. Lastly, training was provided by a subpart K For the reasons discussed above, the paragraph (l)(3) requires the flight instructor. FAA is revising § 61.99 and adding new training to include either: (i) Training The FAA notes that pilot certification paragraph (l) to § 61.109 to allow all on areas of operation that are required under part 61 is based on more than flight training received from a flight for both a sport pilot certificate and a flight proficiency. An applicant for a instructor with a sport pilot rating to be private pilot certificate; or (ii) training pilot certificate must meet all the credited toward the aeronautical on the control and maneuvering of an applicable aeronautical knowledge, experience requirements of §§ 61.99 and airplane solely by reference to the flight flight proficiency, and aeronautical 61.109, provided certain conditions are instruments, provided the training was experience requirements. Sections 61.99 met. The FAA notes that proposed received from a flight instructor with a and 61.109, which contain the § 61.109(l) would have allowed only a sport pilot rating who holds an aeronautical experience requirements certain amount of sport pilot training to endorsement required by § 61.412(c). for a person who applies for a be credited toward the private pilot The FAA finds that new paragraph recreational or private pilot certificate, certificate based on the specific aircraft (l)(3)(i) is consistent with the NPRM, respectively, prescribes flight training category and class rating sought. which explained that the FAA was and experience requirements above Because the FAA is now allowing all proposing to allow sport pilot training those that are required for a sport pilot 115 sport pilot training to be credited, the to be credited toward the flight training certificate. Therefore, while this FAA is revising proposed § 61.109(l) to requirements of a recreational or private rulemaking allows a sport pilot to credit no longer differentiate credit based on pilot certificate because of the common flight training received from a flight specific aircraft categories and classes areas of operation and proficiency instructor with a sport pilot rating and to clarify the conditions under standards in flight training for sport toward the flight training requirements which a sport pilot may credit sport pilots, recreational pilots, and private for a recreational or private pilot pilot training toward a private pilot pilots.113 As explained above, the FAA certificate, that pilot is still required to certificate. Therefore, new § 61.109(l) is adding new § 61.109(l)(3)(ii) because accomplish additional flight training allows the holder of a sport pilot new § 61.412 of this final rule will allow and experience requirements that certificate to credit flight training sport pilots to receive the training exceed those required for a sport pilot received from a flight instructor with a specified in § 61.93(e)(12) from flight certificate. These additional sport pilot rating toward the instructors with a sport pilot rating if requirements include additional aeronautical experience requirements of the training and endorsement training (e.g. night training), verification § 61.109 if the conditions specified in requirements of § 61.412 are met.114 of proficiency, and a recommendation paragraphs (l)(1) through (3) are The FAA is revising proposed from a flight instructor (qualified under satisfied. § 61.99(b) to be consistent with the subpart H) that the applicant is prepared reorganization of proposed § 61.109(l). for the practical test for the recreational Section 61.109(l)(1) requires the flight or private pilot certificate. training to be accomplished in the same One individual suggested that if a category and class of aircraft for which training for cross-country flight in an airplane that private pilot candidate can credit time the rating is sought. This requirement is has a Vh greater than 87 knots CAS. 112 Section 61.413 prescribes the privileges of a in a light sport aircraft, then the FAA consistent with the NPRM, which stated flight instructor certificate with a sport pilot rating. should allow a sport pilot candidate to that any training received from a sport Section 61.415 prescribes the limits of a flight credit his or her sport pilot training pilot instructor that would be credited instructor certificate with a sport pilot rating. toward the private pilot certificate in the under this rule must be completed in an Section 61.315 prescribes the privileges and limits of a sport pilot certificate. More specifically, the future. aircraft appropriate to the category and FAA notes that § 61.315(c) prohibits a sport pilot This final rule allows an applicant for class rating for the recreational or from acting as PIC of a light sport aircraft at night, a higher pilot certificate who receives private pilot certificate sought.109 and § 61.415(c) prohibits a flight instructor with a flight training from a flight instructor Section 61.109(l)(2) requires the flight sport pilot rating from providing training to operate a light sport aircraft in Class B, C, and D airspace, with a sport pilot rating, to credit that instructor with a sport pilot rating to be at an airport located in Class B, C, or D airspace, pilot time toward the aeronautical authorized to provide the flight training. and to, from, through, or at an airport having an experience requirements for a This requirement is consistent with the operational control tower, unless the instructor has recreational or private pilot certificate. NPRM, which explained that the FAA the endorsement specified in § 61.325, or is otherwise authorized to conduct operations in this This can include training accomplished was not proposing to expand the airspace and at these airports. Therefore, a flight in a Light Sport Aircraft (LSA). privileges of a flight instructor who instructor with a sport pilot rating is not authorized 110 holds only a sport pilot rating, other to provide flight training at night and may not be 115 For example, §§ 61.99(a)(2) and 61.109 require than as discussed in section III.E.1 of authorized to provide flight training at an airport a person to receive 3 hours of flight training with this preamble.111 The FAA emphasizes with an operating control tower. an authorized instructor in the aircraft for the rating 113 81 FR at 29735. sought in preparation for the practical test within 114 Under § 61.93(e)(2), when a student pilot the preceding 2 calendar months. Section 61.109 108 14 CFR 61.109(a)(4), (d)(3), (g)(3). seeking a sport pilot certificate receives training for also requires 3 hours of night training, 3 hours of 109 81 FR at 29735. cross-country flight in an airplane that has a Vh flight by reference to instruments, operations at an 110 81 FR at 29735. greater than 87 knots CAS, that student pilot must airport with an operating control tower, and some 111 As explained in section III.E.1 of this receive and log flight training in a single-engine additional cross-country time requirements. The preamble, new § 61.412 authorizes flight instructors airplane on control and maneuvering solely by FAA notes that night and instrument time are not with sport pilot ratings to provide training on reference to flight instruments, including straight required for balloon, powered parachute, or weight- control and maneuvering solely by reference to the and level flight, turns, descents, climbs, use of radio shift control aircraft at the private pilot certification instruments to sport pilot applicants receiving flight aids, and ATC directives. level.

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Both EAA and Chesapeake Sport Pilot recommended referencing the ACS same tasks and maneuvers as subpart H discussed that allowing only partial instead of the PTS to help facilitate the instructors because many of the training credit would have placed undue burden proposed changes in this rule. requirements and practical test on designated pilot examiners when The FAA implemented the ACS for standards for the recreational and trying to differentiate training provided Private Pilot Airplane on June 15, 2016, private pilot certificates are identical to by a subpart K instructor verses a subsequent to the publication of the those required for the sport pilot subpart H instructor since this time is NPRM. Because the Private Pilot ACS certificate. For example, as stated in the documented as ‘‘dual’’ instruction in a for Airplane superseded the Private NPRM, ten of the twelve areas of person’s logbook. Pilot PTS for Airplane,118 this final rule operation required in the airplane Because the FAA is allowing full preamble refers to the Private Pilot ACS practical test standards for private pilot credit for training received as a sport rather than the PTS. However, the FAA are also listed in the airplane practical pilot applicant, this alleviates concerns will continue to refer to the Sport Pilot test standards for sport pilot.121 These with differentiating training received PTS until it is replaced by the areas of operation must be performed to from a subpart H instructor versus applicable ACS.119 identical standards. Furthermore, sport training received from a flight instructor One individual commenter opposed pilots who pursue a recreational or with a sport pilot rating, when recording the provision. The commenter stated private pilot certificate will still be flight instruction in a person’s logbook. that a sport pilot instructor only has to required to receive additional training Flight instructors provide additional have a private pilot certificate and no and endorsements from a subpart H details in the applicant’s logbook other instrument rating. The commenter flight instructor and meet the additional than just describing dual instruction. A suggested that a sport pilot instructor experience and proficiency subpart H instructor is required to does not have the appropriate requirements for that certificate. For provide a recommendation in the pilot experience and background to provide example, an applicant for a recreational applicant’s logbook certifying that he or ‘‘airline discipline,’’ and claimed that or private pilot certificate will still be she has provided the required sport pilot ratings are sought due to a required to receive a minimum of three additional training referencing non-requirement for a medical hours of training within 2 calendar §§ 61.103(f), 61.107(b), and 61.109, for certificate. The individual claimed the months of the practical test from a flight 116 the private pilot certificate. This ‘‘general aviation safety record shows instructor certificated under subpart same flight instructor will certify flight the need for rigorous, standardized H.122 A flight instructor certificated training entries, in which he or she was training from the student’s first flight.’’ under subpart H is still required to the instructor providing the training, in Additionally, this individual asserted conduct training on all the areas of the student’s logbook with a signature, that the private pilot certificate requires operation and certify that the applicant 20 hours of instruction from an flight instructor certificate number, and is prepared for the practical test.123 authorized instructor who has a vastly expiration date. This allows an Thus, only a subpart H flight instructor superior background than a sport pilot examiner to verify that the additional may recommend an applicant for a flight training provided qualifies for the instructor. A flight instructor with a sport pilot recreational or private pilot practical higher certificate. test. The FAA notes that currently rating is not required to possess a The fact that a flight instructor with examiners are not required to verify the private pilot certificate. He or she is a sport pilot rating does not have an credentials of the recommending required to hold at least a sport pilot instrument rating on his or her pilot instructor unless there are extenuating certificate with the category and class certificate is not relevant because all the circumstances such as ensuring the ratings or privileges, appropriate to the training that he or she provides must be flight instructor meets the requirements flight instructor certificate held.120 The accomplished under visual flight rules. of § 61.195(h). Section 61.59 provides commenter’s reference to ‘‘airline This fact is also true for the majority of safeguards to ensure that the training discipline’’ is irrelevant since those who the flight training that a student receives flight instructors provide is appropriate possess a flight instructor certificate are in pursuit of a recreational or private to the certificate or rating for which a not held to airline standards. Only those pilot certificate.124 student is applying.117 Applicants have pursuing an airline transport pilot (ATP)

a responsibility to understand and be certificate with an airplane category and 121 familiar with the qualifications of the 81 FR at 29735. multiengine class rating are required by 122 See 14 CFR 61.99(a)(2) and 61.109(a)(4), (b)(4), person providing them training and regulation to be trained on air carrier (c)(3), (d)(3), (g)(3). recommendations. The FAA expects operations as outlined in § 61.156. 123 14 CFR 61.96(b)(5) and 61.103(f). applicants to provide additional There is no doubt that a subpart H 124 The FAA also notes that, similar to a subpart scrutiny to their own pilot records instructor must meet higher experience H instructor providing flight training to a before providing them to an examiner or recreational or private pilot applicant, a flight requirements than a flight instructor instructor with a sport pilot rating is not required inspector, who will verify the with a sport pilot rating. However, flight to have an instrument rating on his or her flight applicant’s experience and instructors with a sport pilot rating are instructor certificate. As noted in several legal qualifications. trained and tested on the same interpretations, a flight instructor who provides GAMA stated that since the flight training on the ‘‘control and maneuvering of fundamentals of instruction as a subpart an airplane solely by reference to the instruments’’ publication of the proposed rule, the H instructor. Additionally, flight is not required to hold an instrument rating on his FAA replaced the PTS for private and instructors with a sport pilot rating or her flight instructor certificate. Legal sport pilots with the Airman provide flight training on many of the Interpretation, Letter to Scott Rohlfing from Lorelei Certification Standards (ACS), which Peter, Acting Assistant Chief Counsel for Regulations (Feb. 24, 2016); Legal Interpretation, became effective in June 2016. GAMA 118 The Private Pilot PTS for Airplane was Letter to Taylor Grayson from Rebecca B. cancelled as of June 15, 2016. MacPherson, Assistant Chief Counsel for 116 AC 61–65F Certification: Pilots and Flight and 119 In light of GAMA’s comment, however, the Regulations (Jan. 4, 2010); Legal Interpretation, Ground Instructors provides recommended FAA has decided to update its terminology in 14 Letter to Taylor Grayson from Rebecca B. endorsements and rule references. CFR to reflect the transition from the PTS to the MacPherson, Assistant Chief Counsel for 117 Section 61.59 governs the falsification, ACS. For further explanation, see section III.L. of Regulations (July 6, 2010). Under § 61.65(d)(2), ‘‘the reproduction, or alteration of applications, this final rule preamble. required instrument time other than instrument certificates, logbooks, reports, or records. 120 14 CFR 61.403(c) Continued

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The FAA notes that the commenter’s and subsequent technical amendment, H. Temporary Validation of Flightcrew statement about persons seeking sport the FAA made changes to § 141.5(d); 128 Members’ Certificates by Part 119 pilot ratings due to the ability to fly however, the FAA explained that the Certificate Holders Conducting without a medical certificate is not changes were intended to clarify, not Operations Under Part 121 or 135 and relevant to the FAA’s proposal because alter, the existing rule requirements.129 by Fractional Ownership Program the proposal was not specific to medical In a legal interpretation dated July 1, Managers Conducting Operations Under certification requirements. Furthermore, 2011, the FAA stated that ‘‘the quality Part 91, Subpart K BasicMed now allows certain pilots to of training requirement under § 141.5(d) In the NPRM, the FAA proposed to operate without a medical certificate, is calculated based on the percentage of amend §§ 121.383(c) and 135.95 to provided certain conditions and successful first attempts on all allow part 119 certificate holders limitations are met.125 knowledge tests, practical tests, and conducting operations under part 121 or end-of-course tests for appendix K G. Pilot School Use of Special Curricula 135 to provide their flightcrew members courses.’’ 130 Because the FAA never Courses for Renewal of Certificate a temporary verification document intended to alter the requirement that (valid for 72 hours) without the need of In the NPRM, the FAA proposed to ‘‘at least 80 percent of all tests an FAA exemption.131 The FAA also amend § 141.5(d) to allow the FAA to administered be passed on the first proposed to amend §§ 61.3(a) and issue or renew a pilot school certificate attempt,’’ the FAA finds that proposed 63.3(a) to permit the documents to a part 141 pilot school that holds a § 141.5(d) was accurately worded. provided by certificate holders to be training course approval for special Section 141.5(d) remains unchanged carried as an airman certificate or curricula courses based on their from the NPRM. The FAA expects that medical certificate, as appropriate.132 students’ successful completion of end- a pilot school will utilize special The FAA proposed that a certificate of-course tests for these FAA approved curricula course graduations when 126 holder would be required to obtain courses. applying for or renewing a pilot school approval from the Principal Operations AOPA supported this proposal noting certificate on or after the effective date Inspector to exercise this privilege. The that it could benefit the flight training of this provision, even if those special FAA also proposed to establish a community by encouraging the curricula course graduations occurred process to facilitate approval of a development of more FAA-approved before the effective date of this new rule Certificate Verification Plan via courses by part 141 schools and by provision. Therefore, effective July 27, Operations Specifications (A063).133 encouraging existing flight schools to 2018, pilot schools will be able to The FAA received five comments pursue part 141 certificates. immediately utilize graduates from from organizations and two comments SAFE believed the proposed language special curricula courses to qualify for from individuals. would have significantly changed the or renew their pilot school certificates Airlines for America (A4A), National effect § 141.5(d) has on pilot schools as described in § 141.5(d). Air Transportation Association (NATA), requesting approval or renewal of their and Regional Air Cargo Carriers certificates. SAFE asked the FAA to 128 Association (RACCA) recommended the reconsider its use of the words ‘‘all’’, After the 2009 final rule and subsequent technical amendment, § 141.5(d) stated: ‘‘Has FAA clarify what an acceptable form of ‘‘or’’, and ‘‘and,’’ and to reword the established a pass rate of 80 percent or higher on media is for the temporary validation proposed rule to ensure that the 80 the first attempt for all knowledge tests leading to a certificate or rating, practical tests leading to a document. A4A suggested revising percent or higher pass rate would be proposed § 121.383(c) to clarify that the computed properly. certificate or rating, or end-of-course tests for an approved training course specified in appendix K temporary document may be in either After reconsidering its use of the of this part.’’ ‘‘Pilot, Flight Instructor, and Pilot paper or electronic form. A4A noted words ‘‘all’’ and ‘‘and’’ in the proposed School Certification’’ Technical Amendment, 75 FR that this clarification would standardize rule, the FAA finds that proposed 56857 (Sep. 17, 2010); 14 CFR 141.5(d) (2011). 129 methods of documentation in the § 141.5(d), which would have required In 2009, the FAA sought to clarify the ‘‘quantity of training’’ requirement in § 141.5(d) by industry and, as more flight decks go an applicant for a pilot school certificate revising and relocating it to new paragraph (e). paperless, ensure that the airlines have to establish at least an 80 percent pass ‘‘Pilot, Flight Instructor, and Pilot School the ability to transmit the required rate on the first attempt for all tests Certification; Final Rule,’’ 74 FR 42500 (Aug. 21, administered, accurately reflects the 2009). As a result of the 2009 final rule, § 141.5(d) 131 Prior to this final rule, regulations required a 127 contained the ‘‘quality of training’’ requirement and FAA’s intent. Prior to 2009, § 141.5(e) contained the ‘‘quantity of training’’ person serving as a required flightcrew member of § 141.5(d) required at least 80 percent of requirement. The FAA explained in the preamble a United States civil aircraft to have his or her all tests administered to be passed on that the requirement that ‘‘at least 80 percent of airman certificate in his or her physical possession the first attempt. In the 2009 final rule those persons passed their test on the first attempt or readily accessible in the aircraft when exercising is not a change from the existing rule. The purpose the privileges of that certificate. 14 CFR 61.3(a) and of this change is clarifying the intent of the rule.’’ 63.3(a). The regulations also required a person training does not require the presence of a CFI but 74 FR 42500, 42538. The FAA issued a technical serving as a required flightcrew member to have an only the presence of an individual qualified to act amendment in 2010 to clarify § 141.5(d) and to appropriate medical certificate in his or her as a safety pilot or as a pilot in command of an reinsert language that was inadvertently removed as physical possession or readily accessible in the operation in actual instrument conditions.’’ Id. a result of the 2009 final rule. 75 FR 56857. In the aircraft. 14 CFR 61.3(c) and 63.3(a). 125 The Federal Aviation Administration (FAA) technical amendment, the FAA explained that it 132 If the flightcrew member’s airman or medical Extension, Safety, and Security Act of 2016, Public was revising the language of § 141.5(d) to clarify certificate remains unavailable after 72 hours, the Law 114–190, Section 2307 (2016); 14 CFR that in order to meet the quality of training standard flightcrew member would be required to comply 61.3(c)(2)(xiii), 61.23(a)(3), 61.101, 61.113(i). See for issuance or renewal of a pilot school certificate, with the requirements of § 61.29 or § 63.16, as also Final Rule, ‘‘Alternative Pilot Physical a pilot school must achieve a combined 80 percent applicable, and request a 60-day temporary Examination and Education Requirements,’’ 82 FR pass rate on the first attempt for all: (1) Knowledge confirmation document from the Airman 3149 (Jan. 11, 2017). tests and practical tests leading to a certificate or Certification Branch or the Aeromedical 126 Prior to this final rule, under § 141.5, the rating, and (2) end-of-course tests for appendix K Certification Branch until a replacement certificate graduates that completed special curricula courses courses. 75 FR 56857. The FAA adopted rule is issued and in the possession of that airman. could not be counted when calculating the 80 language, however, that appeared to be inconsistent 133 This would be in lieu of utilizing the FAA percent pass rate required for issuance or renewal with its intent given its use of the term ‘‘or’’ instead Airmen Online Services website that can provide of a pilot school certificate. of ‘‘and’’ in § 141.5(d). 14 CFR 141.5(d) (2011). temporary authority in the form of a fax or email. 127 ‘‘Pilot, Flight Instructor, Ground Instructor, 130 Legal Interpretation to Jared Testa from the This also would apply to the temporary authority and Pilot School Certification Rules; Final Rule,’’ 62 Assistant Chief Counsel, Regulations Division (July for the medical certificate provided by fax from the FR 16220 (Apr. 4, 1997); 14 CFR 141.5(d) (1998). 1, 2011). Aeromedical Branch.

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documentation to the pilot in a timely therefore unnecessary to make any AOPA recommended the FAA manner, thereby reducing stress and changes to the proposed rule language implement an online method to allow delays without compromising safety. in response to the individual’s all pilots and airmen to request and Similarly, NATA believed an electronic comment. The FAA notes, however, that obtain a temporary document document would be suitable. this term was used in Tables 1 and 3 of confirming medical certification. This The FAA finds it unnecessary to the NPRM,135 which summarized the comment is also outside the scope of specify in §§ 121.383(c) and 135.95(b) proposed provisions. To avoid any this rulemaking. The FAA notes, that the temporary verification confusion, the FAA is not using the however, that it is addressing AOPA’s document may be in either paper or term ‘‘domestic operations’’ in this final comment in a separate action.137 electronic form. Sections 121.383(c) and rule document. The FAA is amending §§ 121.383(c) 135.95(b) are intended to provide AOPA suggested a correction to and 135.95 as proposed. Furthermore, as flexibility and allow for advancements proposed § 63.3(a)(2), which would a result of the FAA’s own continued in technology regarding the method, have mistakenly referenced § 63.16(d) review of the proposal, the FAA has format or media by which the temporary instead of § 63.16(f). decided to also allow part 91, subpart K, document must be provided. The Section 63.3(a)(2) now references new program managers to issue temporary operations specification authorizing an § 63.16(f), as AOPA suggested because verification documents to flightcrew approved certificate verification plan the requirements that were previously members who do not have their airman will include the specific method or contained in § 63.16(d) have been or medical certificates in their personal format for each air carrier/operator. relocated to new § 63.16(f) and revised. possession for a particular flight. The Accordingly, the FAA is adopting One individual asked several FAA did not originally consider §§ 121.383(c) and 135.95(b) as proposed. clarifying questions regarding providing relief to part 91, subpart K, The FAA will be issuing a new limitations on the use of temporary program managers only because there Advisory Circular (AC 00–70) to provide validation documents. This individual were no current exemptions granted to guidance to air carriers/operators on asked how the program would keep these program managers. However, obtaining approval of a certificate track of the number of times a flightcrew upon further review, the FAA finds that verification plan, including the member loses, destroys, or otherwise it is appropriate to include part 91, necessary components for various fails to have their certificates in their subpart K, program managers because of methods and formats of issuing the possession. This individual also asked if the similarity of part 91, subpart K, temporary document. there was a limit to the number of operations compared to part 121 and A4A supported proposed temporary verification documents 135 operations. Many similarities exist §§ 121.383(c) and 135.95(b), which issued to an individual, and if so, how between part 91, subpart K, program would have allowed the use of those limitations would be enforced. managers and part 135 operators temporary validation documents for Keeping track of how many times a providing public air transportation, flights conducted ‘‘entirely within the crewmember loses their pilot or medical such as: Time, duty, and rest United States.’’ Unlike the current certificate, or any limitations regarding requirements, destination airport exemptions that limit the relief to the number of times a temporary analysis programs, minimum equipment ‘‘operations conducted entirely within verification document can be issued to lists, recordkeeping, pilot training and the District of Columbia and the 48 any one individual, can be managed checking, proving tests, approved contiguous States of the United States,’’ appropriately with FAA air carrier inspection programs, and drug and the proposed rule language would have oversight. In addition, conditions and alcohol misuse and prevention allowed persons to use the temporary limitations can be specified in an air programs. In some instances, a part 91, document on flights conducted entirely carrier’s certificate verification plan, subpart K, program manager is also within Alaska, Hawaii, Puerto Rico and within its operation specifications. certificated under part 119 to conduct other possessions. RACCA and Bemidji Aviation part 135 operations. The FAA is adopting §§ 121.383(c) Services, Inc. suggested incorporating Specifically, part 91, subpart K, and 135.95(b) as proposed.134 Article 29 similar allowances for aircraft fractional ownership programs are of the Convention on International Civil registration and airworthiness subject to FAA oversight similar to that Aviation requires that every aircraft certificates. provided to air carriers (parts 135 and engaged in international navigation These comments are outside the scope 121), with the exception of line checks shall carry ‘‘the appropriate licenses for of this rulemaking. The proposal was and en-route inspections. FAA aviation each member of the crew.’’ Thus, specific to certificates that an airman safety inspectors conduct scheduled and temporary verification documents must have in his or her possession to unscheduled inspections, and provided by the certificate holder from exercise his or her privileges. Unlike surveillance of personnel, aircraft, its records will not meet the airmen certificates that are carried on a records, and other documents to ensure requirements of the Convention. compliance with the regulations. Given One individual suggested the FAA person outside of the aircraft, the airworthiness and registration the similarities between parts 91, change ‘‘domestic operations’’ to subpart K, 121 and 135, the FAA finds ‘‘operations within the United States’’ to certificates are typically placed in a permanent location within the aircraft it appropriate to also prevent avoid confusion with the term cancelation of flights under part 91, ‘‘domestic operations’’ contained in 14 (usually visible to the operator) and are rarely removed from the aircraft.136 subpart K, in situations where a pilot CFR part 119, which defines a particular certificate or medical certificate is valid type of part 119 operation. The term ‘‘domestic operations’’ was 135 81 FR at 29722 and 29748. 136 The FAA also notes that Article 29 of the not meet the requirements of the Convention, the not proposed in regulatory text. It is Convention on International Civil Aviation requires FAA is only allowing the use of temporary that every aircraft of a contracting State, engaged in verification documents on flights conducted 134 In accordance with § 1.1 ‘‘United States, in a international navigation, shall carry in the aircraft entirely within the United States. geographical sense, means (1) the States, the District several documents, including its certificate of 137 Aerospace Medicine Safety Information of Columbia, Puerto Rico, and the possessions, registration, its certificate of airworthiness, and the System (AMSIS) will permit user(s) to print a valid including the territorial waters, and (2) the airspace appropriate licenses for each member of the crew. medical certificate. AMSIS is still in development of those areas.’’ Because temporary verification documents would and is anticipated to become available in 2020.

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but not physically available. Therefore, § 121.383(c).139 This change from what FAA proposed to add a new § 61.199(c) consistent with the amendments to was proposed is consistent with the as a temporary provision, which would §§ 121.383 and 135.95, the FAA is FAA’s proposal to add new have allowed military instructor pilots revising § 91.1015 by adding new § 61.3(a)(1)(v) to allow a person engaged who obtained their initial flight paragraph (h), which will allow a in flight operations within the United instructor certificate under subpart H to program manager to obtain approval to States for a part 119 certificate holder reinstate that instructor certificate based provide a temporary document verifying authorized to conduct operations under on military competence rather than by a flightcrew member’s airman certificate part 121, to hold a temporary completing a practical test. and medical certificate privileges under verification document in place of an The FAA received six comments on an approved certificate verification plan airman or medical certificate. The FAA these proposed amendments. Three set forth in the program manager’s will be issuing a new Advisory Circular commenters supported the proposal. management specifications. Consistent to provide guidance to certificate Two commenters recommended with the NPRM, the temporary holders/program managers on obtaining changes to the proposed rule language. verification document will remain a approval of a certificate verification One commenter opposed the proposal. short-term solution for a period not to plan. The FAA will continue to provide The Society of Aviation and Flight exceed 72 hours. The FAA is also relief through exemptions until June 27, Educators (SAFE) and Aircraft Owners revising § 61.3(a)(1) by adding new 2019 to allow sufficient time for and Pilots Association (AOPA) paragraph (vi) to permit flightcrew certificate holders to obtain authority concurred with the proposed members to carry temporary documents under the regulation from their amendments to § 61.199. AOPA also provided by a program manager only on Principal Operations Inspector. supported the proposed changes to flights conducted for the program § 61.197. One individual, identifying I. Military Competence for Flight manager under part 91, subpart K.138 himself as a retired U.S. Air Force Instructors This is consistent with the NPRM, instructor, supported having military which proposed to add new In the NPRM, the FAA proposed credentials recognized by the FAA and § 61.3(a)(1)(v) to allow flightcrew several changes to §§ 61.197 and 61.199 providing civilian equivalent instructor members to carry documents provided to accommodate renewal and ratings. by a certificate holder only on flights reinstatement of flight instructor One individual, identifying as a conducted for the part 119 certificate certificates by military instructors and military instructor with the National holder, including ferry flights to examiners.140 In § 61.197(a)(2)(iv), the Guard Bureau, agreed with changing the reposition aircraft. The FAA notes that FAA proposed to expand the 12- timeframe in § 61.197(a)(2)(iv) from 12 it is adopting § 61.3(a)(1)(v) as proposed. calendar-month timeframe to 24 calendar months to 24 calendar months. The FAA is also adopting the proposed calendar months. The FAA also However, the commenter suggested that revisions to current § 61.3(a)(1)(iv). proposed to clarify in § 61.197(a)(2)(iv) the FAA revise the proposed rule Furthermore, as a result of the FAA’s that a flight instructor would be able to language to require a record showing continued review of the proposal, the renew his or her certificate by providing that, within the preceding 24 months FAA is making several clarifying a record demonstrating that, within the from the month of application, the flight changes to allow for smooth previous 24 calendar months, the instructor passed an official U.S. Armed implementation of the final rule. instructor passed a military instructor Forces military instructor pilot Because the final rule allows a person pilot proficiency check for a rating that proficiency check equivalent to renewal to use a temporary verification the instructor already holds or for a new requirements as stated in the practical document as an airman certificate or rating. test standards (PTS) for the rating medical certificate, if certain conditions In § 61.199, the FAA proposed to sought. The commenter believed that are met, the inspection requirements of revise paragraph (a) to permit a military this would validate an equivalent level §§ 61.3(l), 63.3(e), and 121.383(b) would instructor pilot to reinstate his or her of flight proficiency. The commenter have applied to the temporary expired flight instructor certificate by explained that because some U.S. document. However, to avoid any providing a record showing that, within Armed Forces have instructors that only confusion, the FAA is revising the previous six calendar months, the train specific tasks such as formation §§ 61.3(l), 63.3(e), and 121.383(b) to instructor pilot passed a U.S. Armed flying or tactical operations, this type of expressly include the temporary Forces instructor pilot or pilot examiner instruction is not an equivalent level of verification document in the list of proficiency check for an additional flight proficiency as required for the documents that must be presented for military rating.141 Additionally, the renewal of a FAA flight instructor inspection upon request from the certificate. The commenter also Administrator. 139 In this final rule, the FAA is adding provided attachments described as § 121.383(c) to allow a certificate holder to obtain Additionally, the FAA is revising comparable military instructor pilot approval to provide a temporary document proficiency checks accomplished on an § 121.383(a) to clarify that an airman verifying a flightcrew memberr’s airman certificate engaged in part 121 operations must and medical certificate privileges under an annual basis in the U.S. Army. The have in his or her possession any approved certificate verification plan set forth in commenter asserted that these annual the certificate holder’s operations specifications. required appropriate current airman and checks are equivalent to or better than 140 Prior to this final rule, a person renewing his what would be necessary for the medical certificates or a temporary or her flight instructor certificate under verification document issued in § 61.197(a)(2)(iv) was required to submit a record renewal of a flight instructor rating. As stated in the NPRM, the FAA accordance with an approved certificate showing that, within the preceding 12 calendar months, the flight instructor passed an official U.S. proposed to clarify in § 61.197(a)(2)(iv) verification plan under new Armed Forces military instructor pilot proficiency that a flight instructor may renew his or check. Section 61.199 required the holder of an her certificate by providing a record 138 The FAA proposed to redesignate current expired flight instructor certificate to reinstate that § 61.3(a)(1)(v) as new § 61.3(a)(1)(vi). Now that the certificate by passing a practical test. demonstrating that, within the previous FAA is adding new § 61.3(a)(1)(vi) to extend the 141 As explained in the NPRM, the FAA has relief to part 91, subpart K operators, this final rule accepted a flight instructor or examiner proficiency initial flight instructor certificates, adding ratings to redesignates current § 61.3(a)(1)(v) as new check conducted by the military to be equivalent to existing flight instructor certificates, and renewing § 61.3(a)(1)(vii). an FAA practical test for the purposes of issuing flight instructor certificates.

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24 calendar months, the instructor Section 61.73(g)(3)(i) already requires instructor pilot can provide a record passed a ‘‘U.S. Armed Forces military the applicant to present a knowledge showing that, within the preceding 6 instructor pilot proficiency check’’ for a test report that shows the person passed calendar months from the date of rating that the instructor already holds a knowledge test on the aeronautical application for reinstatement, the pilot or for a new rating. As explained in the knowledge areas listed under passed a U.S. Armed Forces instructor NPRM, the FAA has accepted a flight § 61.185(a). Therefore, the FAA finds it pilot or pilot examiner proficiency instructor or examiner proficiency unnecessary to revise § 61.73(g)(3)(iv) to check. The FAA finds that a U.S. Armed check conducted by the military to be require the U.S. Armed Forces Forces instructor pilot or pilot examiner equivalent to an FAA practical test for proficiency check to meet requirements proficiency check is the military the purposes of issuing initial flight of § 61.185. equivalent of a flight instructor instructor certificates and adding ratings This commenter also recommended certification practical test. Therefore, to existing flight instructor the FAA revise proposed § 61.199(a)(3), this requirement is consistent with certificates.142 Upon further reflection, which would have required a military § 61.199(a)(1), which allows the FAA finds that the renewal instructor to show, within the preceding reinstatement of an expired flight requirements of § 61.197(a)(2)(iv) should 6 calendar months from the date of instructor certificate if the civilian pilot be consistent with § 61.73(g), which application for reinstatement, the satisfactorily completes a flight allows a person to apply for and be person passed a U.S. Armed Forces instructor practical test for one of the issued an initial flight instructor instructor pilot or pilot examiner ratings held on the expired flight certificate based on official U.S. military proficiency check for an additional instructor certificate. documentation of being a U.S. military military instructor rating. The Additionally, § 61.199(a)(3)(ii) now instructor pilot or U.S. military pilot commenter noted that additional allows reinstatement of an expired flight examiner. Therefore, the FAA is military ratings are not acquired through instructor certificate if the military revising proposed § 61.197(a)(2)(iv) to a ‘‘proficiency check.’’ The commenter, instructor pilot can provide a record allow renewal based on either ‘‘an therefore, recommended the FAA revise showing that, within the preceding 6 official U.S. Armed Forces military paragraph (a)(3) to require a record calendar months from the date of instructor pilot or pilot examiner showing that, within the previous six application for reinstatement, the pilot proficiency check.’’ calendar months, the instructor passed completed a U.S. Armed Forces However, the FAA disagrees with a U.S. Armed Forces instructor pilot or instructor pilot or pilot examiner referencing the PTS within pilot examiner qualification program for training course and received an § 61.197(a)(2)(iv) because it would be an additional military rating that results additional aircraft rating qualification as too prescriptive. The military typically in an additional rating to be added to a military instructor pilot or pilot does not perform all the tasks from the the airman certificate. The individual examiner that is appropriate to the flight PTS or Airman Certification Standards also recommended the FAA add a new instructor rating sought. The FAA finds (ACS), as appropriate, required for civil paragraph (a)(4) that would allow for that this requirement accurately reflects pilot certification during their military reinstatement of a flight instructor the process by which a military instructor pilot proficiency checks. certificate if the instructor can provide instructor pilot acquires an additional Rather, the military typically performs a record showing that, within the aircraft rating. The FAA is not using the tasks or maneuvers that are not outlined previous six calendar months, the terminology ‘‘qualification program,’’ as in the PTS and/or ACS. The FAA instructor passed a U.S. Armed Forces the commenter recommended, because believes that requiring a record showing instructor pilot or pilot examiner it is subject to interpretation. Instead, that, within the preceding 24 months proficiency check equivalent to the FAA is using language that is from the month of application, the flight reinstatement requirements as stated in consistent with the terminology of instructor passed an official U.S. Armed the PTS and/or ACS for the rating § 61.73(g)(3)(iii).143 The FAA notes that Forces military instructor pilot sought. The commenter explained this new § 61.199(a)(3)(ii) is consistent with proficiency check in an aircraft for provision would facilitate reinstatement § 61.199(a)(2), which allows a civilian which the military instructor already of an expired flight instructor certificate holder of an expired flight instructor holds a rating or in an aircraft for an through a U.S. Armed Forces certificate to reinstate that flight additional rating, is sufficient to proficiency check that would be instructor certificate by satisfactorily validate a flight instructor’s equivalent equivalent to the flight test described in completing a flight instructor level of competency. The FAA has long the PTS. certification practical test for an recognized and accepted military credit As the commenter pointed out, additional rating. without further review. additional military ratings are not One individual asserted that military The individual commenter further acquired through a proficiency check. instructor pilots who allow their FAA asserted that if a military proficiency Therefore, the FAA is revising proposed flight instructor rating to expire reflect check meets the requirements for flight § 61.199(a)(3) to more accurately reflect a lack of knowledge concerning 14 CFR instructor renewal or reinstatement as the process by which a military part 61 that is pervasive in the military. described in the PTS and/or ACS, the instructor pilot acquires an additional The FAA disagrees. There are many FAA should modify § 61.73(g)(3)(iv) to aircraft rating qualification. The FAA is possible scenarios other than ‘‘a lack of read: ‘‘An official U.S. Armed Forces also dividing proposed § 61.199(a)(3) knowledge’’ that may lead to someone record or order that shows the person into two subparagraphs to make the letting his or her flight instructor passed a U.S. Armed Forces instructor reinstatement requirements for a pilot or pilot examiner proficiency military instructor pilot more consistent 143 To be issued a flight instructor certificate with check in an aircraft as a military with the reinstatement requirements for the appropriate ratings, § 61.73(g) requires, in part, that the person present an official U.S. Armed instructor pilot or pilot examiner that is a civilian holder of an expired flight Forces record or order that shows the person appropriate to the flight instructor rating instructor certificate, which are found in completed a U.S. Armed Forces’ instructor pilot or sought that meets equivalent § 61.199(a)(1) and (2). pilot examiner training course and received an Accordingly, § 61.199(a)(3)(i) now aircraft rating qualification as a military instructor requirements of 14 CFR 61.185.’’ pilot or pilot examiner that is appropriate to the allows reinstatement of an expired flight flight instructor rating sought. 14 CFR 142 81 FR at 29740. instructor certificate if the military 61.73(g)(3)(iii).

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certificate expire. In some instances, it to accomplish the work activity directly they interpreted the proposal to allow may be intentional or an individual may associated with the special purpose. agricultural aviation operator be subject to events beyond his or her Under § 91.313(b), operating a restricted ‘‘sponsored’’ pilots to be able to attend control. As such, the commenter’s category civil aircraft to provide flight third party training facilities. assertion is speculative. The FAA has crewmember training in a special GAMA, NAAA, AOPA, and CAAA determined that this provision will purpose operation for which the aircraft suggested revisions to proposed provide an equitable method of renewal is certificated is an operation for that § 91.313(b) to ensure that training which or reinstatement for a FAA flight special purpose. The FAA recently is directly associated with the special instructor certificate similar to the clarified, however, that flight training purpose operation is permitted without allowances currently described in and testing for certification (e.g., for an employment relationship existing § 61.199(a)(1) and (2).144 type ratings) in restricted category between the trainee and the special One individual recommended the aircraft is not a special purpose purpose operator.146 FAA revise § 61.73 to add military operation under § 91.313.145 As such, Upon review of the extensive navigators and naval flight officers who these activities cannot be conducted in comments received, including a hold a FAA flight instructor certificate a restricted category aircraft. conference call with Air Force and who are military flight instructors representatives on December 13, 2016, to the list of persons eligible for an 1. Flights Necessary To Accomplish and a face-to-face meeting with instrument flight instructor certificate. Work Activity Directly Associated With representatives from the agricultural This commenter further asserted that the Special Purpose aviation industry during the comment there are numerous other military In the NPRM, the FAA proposed in period, the FAA agrees that the aeronautical specialties beyond pilots, § 91.313(b) to list the following proposed rule language would have navigators, and naval flight officers who operations in restricted category aircraft unnecessarily required all personnel have a skill set that may be valuable to as flights necessary to accomplish the receiving flight crewmember training in the civilian aviation community. The work activity directly associated with a a special purpose operation to be commenter recommended that any special purpose operation: employed by the operator providing the military member that can produce • Flights conducted for flight training.147 documentation of service instructing crewmember training in a special Flight crewmember training in a any aviation crew position be exempted purpose operation for which the aircraft special purpose operation has from the fundamentals of instruction is certificated provided the flight historically been conducted by flight written examination for a flight crewmember holds the appropriate schools. Appendix K of part 141 for instructor certificate in § 61.183(e) or for category, class, and type ratings and is pilot schools contains allowances for a ground instructor certificate in employed by the operator to perform the special curriculum courses for § 61.213(b). appropriate special purpose operation; agricultural and external load The FAA is not adopting these • Flights conducted to satisfy operations. The FAA did not intend to recommendations because they are proficiency check and recent flight end the longstanding practice of pilot outside the scope of this rulemaking. experience requirements under part 61 schools conducting flight crewmember Furthermore, the FAA disagrees with of this chapter provided the flight training in a special purpose operation. providing flight instructor equivalency crewmember holds the appropriate Flight crewmember training in a special for non-pilot instructor positions. category, class, and type ratings and is purpose operation for which the aircraft The FAA is adding new § 61.199(c) as employed by the operator to perform the is certificated is currently authorized in proposed. As previously stated, appropriate special purpose operation; accordance with § 91.313(b) and was not § 61.199(c) will allow military instructor and intended to be affected by this pilots who obtained their initial flight • Flights conducted to relocate a provision. It was the FAA’s intent only instructor certificate under subpart H to restricted category aircraft for to require pilot candidates to be an reinstate that flight instructor certificate maintenance. employee of the operator when based on military competence rather A number of commenters, including accomplishing training or practical tests than by completing a practical test. The Queen Bee Air Specialties, Inc., GAMA, specific to the requisite type rating, a FAA notes that § 61.199(c) is a Air Tractor, and the National proficiency check, or recent flight temporary provision that will expire on Agricultural Aviation Association experience requirements specified August 26, 2019. The FAA will revise (NAAA), noted that the proposed under part 61. The FAA has revised the FAA Order 8900.1 to provide guidance regulation would prohibit third-party language proposed in the NPRM to to designees and inspectors on how to training providers from conducting remove the employee requirement for facilitate instructor military competency flight crewmember training in a special approvals. purpose operation. The commenters 146 GAMA, Air Tractor, NAAA and Colorado J. Use of Aircraft Certificated in the Agricultural Aviation Association all cited a recent indicated that such a provision would survey conducted by the NAAA which found that Restricted Category for Pilot Flight eliminate agricultural aviation schools operators who conduct agricultural operations have Training and Checking and decrease safety. The commenters an average of 2.1 aircraft per operation, and that noted that training by experienced there was an average of 2.0 pilots per operation. Section 91.313(a) prohibits a person Texas State Technical College, GAMA, NAAA, from operating a restricted category instructors based on an approved Farm Air, Curless Flying Service and Colorado aircraft for other than the special curriculum in restricted category aircraft Agricultural Aviation Association all noted that purpose for which it is certificated or in under the oversight of FAA inspectors many of these small operators do not have capacity enhances safety. The NAAA and the to dedicate an aircraft to training. NAAA, Farm Air, any operation other than one necessary Curless Flying Service, Colorado Agricultural Colorado Agricultural Aviation Aviation Association and Queen Bee Air Specialties 144 (1) A flight instructor certification practical Association (CAAA) commented that specifically discussed the difficulty of maintaining test, as prescribed by § 61.183(h), for one of the a turbine aircraft and commented that most ratings held on the expired flight instructor 145 Several operators hold exemptions that permit operators rely on third party training providers to certificate. them to conduct pilot training for certification, provide instruction in a dual cockpit aircraft. (2) A flight instructor certification practical test practical tests (for type rating designations) in 147 A record of conversation was placed in the for an additional rating. aircraft certificated in the restricted category. docket for each of these meetings.

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flight crewmember training in a special directly associated with the special commence. The interpretation of this purpose operation. purpose operation.148 Any operation phrase could create the effect of The FAA is retaining the provision that does not meet this standard would ‘‘restricting’’ the aircraft from being proposed in § 91.313(b) that allows require an exemption from the used in agricultural aviation flight pilots employed by operators regulation. schools to conduct training of students performing special purpose operations planning to become agricultural pilots, to accomplish § 61.58 proficiency 2. LODAs for Training and Testing for by instructors employed by checks and recent flight experience Certification manufacturers and their dealers, or requirements set forth in § 61.57 in the In the NPRM, the FAA proposed in flight schools to perform pilot checkouts course of their employment provided § 91.313(h) to allow operators of and transitional training, such as the pilots hold the appropriate category, restricted category aircraft to apply for transitions from piston powered to class, and type ratings. When a pilot is deviation authority for the purpose of turbine powered aircraft and by third employed to perform a special purpose conducting the following operations in party training for firefighting or other operation, satisfying recent flight restricted category aircraft: restricted category operations. The U.S. experience and proficiency check • Flight training and the practical test Air Force commented that proposed requirements is necessary to accomplish for issuance of a type rating provided § 91.313(h) would prohibit commercial the work activity directly associated the pilot being trained and tested holds vendors from providing the required with a special purpose operation. When at least a commercial pilot certificate USAF flight crewmember training; a pilot is not employed to perform a with the appropriate category and class therefore, USAF flightcrew would not special purpose operation, these ratings for the aircraft type and is be able to receive training in restricted operations are neither a special purpose employed by the operator to perform a category aircraft. The USAF also operation nor an operation directly special purpose operation; and indicated that removing the associated with a special purpose • Flights to designate an examiner or employment requirement would allow operation and, therefore, are not qualify an FAA inspector in the aircraft training in aircraft where it is not permitted under § 91.313(a). type and flights necessary to provide practical to obtain a type rating in an The FAA is also retaining the continuing oversight and evaluation of aircraft with a standard airworthiness provision from the NPRM that adds an examiner. certificate. Queen Bee stated that the relocation flights for maintenance to the The FAA emphasized that the proposal limits ability for dealers to list of operations considered necessary proposed provision was intended to provide training that is crucial to to accomplish the work activity directly ensure that operators do not establish customers for their safety, success and associated with the special purpose training schools for the sole purpose of comfort. operation. issuing type ratings using restricted As noted previously, the FAA has GAMA, Air Tractor, NAAA, Thrush category aircraft. As proposed, operators removed the proposed employment Aircraft, Inc. and CAAA all noted that would only be granted deviation requirement for flight crewmember the FAA’s proposal to add this authority under proposed § 91.313(h) to training in a special purpose operation. provision could suggest that other conduct this training and testing for Third party training providers may essential types of flights necessary to pilots who are employed by the operator continue to provide training in special accomplish work directly associated and only when a type rating is required purpose operations (e.g. firefighting, with the special purpose, such as to complete the special purpose agricultural operations, and aerial positioning flights, flights to deliver operation for which the aircraft was advertising) absent an employment aircraft, and flights to trade shows, are certificated and the operator is actively relationship provided the operation is a excluded from expressly listed engaged in performing. special purpose operation for which the operations. GAMA stated that these A number of commenters opposed the aircraft is certificated.149 The LODA and flights are clearly within the scope of proposed provision in § 91.313(h) that employment requirements described in flights necessary to accomplish work limited the ability to obtain a LODA to § 91.319(h)(1)(i) is specific to training directly associated with the special an employer providing flight training to and testing to obtain a type rating and purpose, but that the industry could its employees who perform a special does not impede the special purpose benefit from explicit recognition that purpose operation for that employer. flight training identified by Thrush, the § 91.313(b) does not contain an Texas State Technical College, GAMA, USAF, and Queen Bee. exhaustive list of flights. L–3 Communications, and Queen Bee GAMA, L–3 Communications, and The FAA has modified the final rule all suggested that such a limitation AOPA all suggested that the FAA revise text to include flights to relocate a would result in a reduction in safety. the proposal to permit individuals or restricted category aircraft for delivery, More specifically, Thrush Aircraft, entities (instead of operators) to apply repositioning, or maintenance to be Inc. noted that the implication of the for deviation authority and require that considered as flights necessary to phrase ‘‘is employed by the operator’’ in the trainee is employed by ‘‘an’’ accomplish work activity directly proposed § 91.313(h)(1)(i) is that an operator to perform a special purpose associated with a special purpose employer/employee relationship must operation instead of ‘‘the’’ operator operation. This change in the final rule exist before any training may applying to conduct the training in permits many of the operations proposed § 91.313(h)(1). They noted that described by the commenters, such as 148 In the 1965 final rule, the FAA provided this would help to ensure that the type deliveries from an aircraft manufacturer, examples of operations necessary to accomplish the rating training is required for the special change in ownership deliveries, work activity directly associated with the special purpose operation in which the operator purpose operation which included allowing a relocation from one special purpose farmer to conduct a flight for the purpose of is actively engaged but allow flexibility operation to another, or repositioning showing which fields should be dusted or if the operator is unable to conduct the for the special purpose operation. The transportation of an insurance agent, surveyor, or training itself. GAMA noted, however, FAA notes that other types of flight inspector to the site of a special purpose operation. that this provision still would hinder The FAA would also consider a flight conducted to events not expressly allowed by the relocate an aircraft to an area of a special purpose training of pilots trying to enter the regulation may be permitted if they are operation to be an operation necessary to necessary to accomplish work activity accomplish the special purpose operation. 149 14 CFR 21.25(b).

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industry and not yet employed by a activity associated with a special accomplished by the employer as a special purpose operator. purpose operation. condition of the exemption. If anything L–3 Communications noted that the provision will be relieving in nature 3. Economic Burden modifying the proposal so that other to both operators and the FAA by entities could obtain a LODA would L–3 Communications, Air Tractor, eliminating the need for the exemption allow training of initial cadres of pilots NAAA, CAAA, and Queen Bee generally process. As discussed in the NPRM, the by an aircraft manufacturer or by a noted that the proposed rule would provision is not intended to allow properly certified training school with have a significant adverse effect on operators to establish training schools an authorization to conduct restricted businesses conducting operations with utilizing restricted category aircraft for category training. L–3 Communications restricted category aircraft since nearly the purpose of issuing type ratings. noted that such a change would still all of these businesses are small Queen Bee specifically noted that this achieve the FAA’s goal of limiting the businesses. Texas State Technical provision would limit its ability to vet training in restricted category aircraft for College, L–3 Communications, Air pilots for operators that do not have certification to only those pilots who are Tractor, NAAA and CAAA all noted that two-place, dual control aircraft and/or employed to perform a special purpose limiting the training and testing of pilots the expertise in training. Queen Bee operation. for the purpose of achieving a type indicated it currently provides this GAMA, Air Tractor, Queen Bee, and rating in a restricted category aircraft to training, which would be prohibited one individual generally noted that owners/operators will result in a major under the proposed requirements, for limiting the training and testing for the financial burden to certain entities. the U.S. company ARAMCO which purpose of achieving a type rating in a GAMA, L–3 Communications, Air responds to oil spills in the Red Sea restricted category aircraft to a pilot’s Tractor, Inc., and Queen Bee Air with U.S. citizens as pilots. employer will deny access to training Specialties generally noted that many L–3 Communications, Air Tractor, for pilots that are not currently agricultural aviation operators lack the NAAA, Farm Air, Curless Flying Service employed in a special purpose staff and aircraft to conduct training for and CAAA noted the effect on operation. Additionally, Air Tractor their employees. Texas State Technical manufacturers developing and selling noted the possible burden on students, College and GAMA both noted that new restricted category type designs. who must stay employed to finish flight many of these small operators do not L–3 Communications, Farm Air and training. GAMA also noted that some have in-house training staff. Texas State Curless Flying Service asserted that the insurance underwriters may require specifically noted that the cost of proposed rule would limit the ability of pilots to obtain training that is only providing its own training would be a manufacturers to develop and sell new available through third party training huge burden. Air Tractor commented restricted category type design aircraft. providers. Air Tractor, NAAA, CAAA, that the FAA should not place more According to the commenters, Queen Bee and one individual all noted burdens on these operators and reduce prospective buyers of new restricted that these types of barriers to training safety by requiring training in restricted category aircraft would not be able to will affect the ability to replace an aging aircraft to be conducted by the operator receive training for their pilot pilot community. and requiring the student to be an employees. A manufacturer would have As noted in the NPRM, the FAA has employee of the operator. no incentive to produce a new design historically placed operating limitations Most of the commenters concerned aircraft providing safety benefits and on the use of restricted category aircraft with the employment requirement have improvements based on new design because the airworthiness certification described training operations in which features and technology insertion standards for these aircraft are not restricted category aircraft are being because pilot employees of a designed to provide the same level of used for flightcrew member training in prospective buyer could not receive safety that is required for aircraft training. a special purpose operation rather than certificated in the standard category. Most restricted category aircraft do flight training to obtain a type rating. The operating limitations set forth in not require a type rating and would be § 91.313 are designed to compensate for The FAA has removed the proposed unaffected by this provision. the different standards and provide the employment requirement for special Additionally, a manufacturer of a new necessary level of safety for special purpose training in the final rule which large or turbojet powered aircraft could purpose operations. In the final rule, the may continue to be conducted without seek approval as a standard or transport FAA has retained the employment obtaining a LODA and without an category aircraft and, therefore, avoid requirement to prevent flight training employment relationship. As such, the any such ‘‘type rating’’ training and testing for the purpose of obtaining economic burden associated with this limitations. The FAA notes that the a type rating in restricted category provision would only affect operators level of safety for restricted category aircraft without an explicit employment who must obtain a LODA to conduct aircraft may be lower than the level of connection to special purpose flight training for certification. These are safety for standard category aircraft. operations. The operation of restricted very limited training operations, and However, the restricted category level of category aircraft has always been they are currently conducted by certification does not eliminate any type limited to special purpose operations operators using the exemption process. certification procedural requirements, and those operations necessary to The FAA has issued several exemptions such as the need to comply with 150 accomplish the work activity directly to facilitate this training. In all cases, continued airworthiness requirements. associated with a special purpose the FAA has required the training to be To maintain an equivalent level of operation. Providing flight training and safety for the public the FAA imposes 150 Aero Contractors Ltd., Exemption No. 14396; testing for certification to a pilot who Alaska Air Fuel, Inc., Exemption No. 14205; Sky certain operating restrictions for does not perform a special purpose Aviation Corporation, Exemption No. 12449; restricted category aircraft. This operation is not training in a special Columbia Helicopters, Exemption No. 11506; provision is specific to facilitate training purpose operation and the hope of Airborne Support, Inc., Exemption No. 11470; in restricted category aircraft requiring a Withrotor Aviation, Inc., Exemption No. 11427; CHI eventual employment in a special Aviation, Exemption No. 11383; Aero-Flite, Inc., type rating safely, not the promotion of purpose operation is too attenuated to Exemption No. 11276; Billings Flight Service, restricted category aircraft production be necessary to accomplish the work Exemption No. 11383. for public use.

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4. Operations for Compensation or Hire exempt from § 61.31 are also exempt category aircraft which are necessary for The FAA also proposed a change to from the LODA process as proposed in PICs to obtain type rating designations § 91.313(c) to ensure that instructors the new § 91.313(h). in that aircraft, as required under Section 91.313 requires an operator to providing flight training and designees § 61.31(a). AOPA did not believe that obtain a LODA to conduct training and conducting practical tests under a the LODA approach adds any increased testing for the purpose of obtaining a LODA may accept compensation for level of safety because the FAA has not type rating in a restricted category these operations. Likewise, the FAA articulated any reason for the recent aircraft. To the extent that some proposed to revise § 91.313(d) to permit reinterpretation of current § 91.313. operators may hold exemptions that persons to be carried on restricted AOPA also believed that the FAA has enable pilots to operate certain aircraft category aircraft if necessary to not explained why the past accepted as PIC without a type rating, then accomplish a flight authorized by LODA practice should not be codified. § 91.313 would be inapplicable. We under paragraph (h). The FAA Office of the Chief Counsel AOPA suggested revisions to note, however, that the general was asked by the Director of the Flight § 91.313(c) to eliminate confusion by provision limiting the operation of Standards Service to provide a legal breaking each of the operations restricted category aircraft to special interpretation on the scope of § 91.313 identified into three separate purpose operations and flights and whether the regulation permitted subparagraphs and provided specific necessary to accomplish the work operators to conduct training and testing revised rule language. The FAA is activity directly associated with a for certification in restricted category retaining the language in paragraph (c) special purpose operation remains aircraft. The Office of the Chief Counsel as it was proposed in the NPRM. The applicable to all operations conducted— concluded that the rule as written does FAA merely proposed to add operations even operations conducted under these not expressly permit this training and conducted under a LODA to the existing exemptions. No operator should utilize testing. As previously noted, the FAA list of operations involving the carriage a restricted category aircraft outside the has historically placed limitations on of persons and material that could be permitted operations in § 91.313. the use of restricted category aircraft conducted without violating the general 6. FAA Interpretation of § 91.313 because they do not meet the same rule prohibiting the carriage of persons standard as a standard category aircraft. Finally, AOPA commented that, for When restricted category aircraft are or property on restricted category the last 50 years, operators of restricted aircraft for compensation or hire. used solely for the purpose of providing category aircraft have been permitted to a type rating to a pilot who is not 5. Exemptions use such aircraft for type rating training, engaged in a special purpose operation, type rating practical tests, and PIC GAMA raised concerns about the the operation cannot meet the express proficiency checks per §§ 61.31 and relationship between § 61.31 and requirements of § 91.313(a). The 61.58. AOPA suggested that the FAA proposed § 91.313(h). GAMA noted that, previous history relative to this type of reversed long-standing precedent in if applicants requesting exemption from training does not change the identified 2015 when it concluded that this type § 61.31 type rating requirements also training limitation. Additionally, the rating training was not permissible must request exemption from § 91.313 FAA believes that this type rating under § 91.313. AOPA noted that new type rating training through this LODA training and testing needs FAA FAA guidance for conducting pilot process, they will be subject to an oversight and approval to ensure safe training and/or certification events in a employment requirement. GAMA operations. Restricted category aircraft restricted category aircraft was then suggested that the FAA clarify that were never intended or designed to be outlined in Notice N 8900.295 which aircraft operators who hold exemptions used for FAA pilot training and stated that flights necessary for PICs to from a type rating requirement do not certification. The FAA will retain the obtain type rating designations in the need to also request exemption from requirement for an operator to obtain an restricted category aircraft required § 91.313(h) per the proposed LODA LODA specific to training and testing in under § 61.31(a) are not permitted by process or revise the LODA process to restricted category aircraft that require a the operating limitations in § 91.313.151 permit third party training as discussed type rating when a standard category AOPA stated that none of the FAA’s previously. aircraft is not readily available or does documentation provides sufficient GAMA also noted that while the not exist and only when a pilot will be explanation as to the reason for the LODA process seems to provide a path performing a special purpose operation. recent change in interpretation of for training in restricted category aircraft AOPA noted that the FAA proposed current § 91.313(b). AOPA commented in pursuit of a type rating, they believe to implement the changes to § 91.313 that the FAA is now proposing to codify that this process will be burdensome to within 180 days of the final rule. AOPA this new interpretation and implement obtain and maintain. This process will further noted that if all of its a LODA process. AOPA added that be a barrier to a small business in that recommendations are adopted, the conducting type rating training and manufacturers that plan on building implementation time frame should be practical tests in restricted category larger restricted category aircraft, that reduced to 30 days. AOPA suggested aircraft under certain circumstances and may not be exempted from the type that the proposed changes would be less without a LODA has been an accepted rating requirement of § 61.31, will have complex to implement because the practice for at least several decades. a more difficult time getting training for LODA process is eliminated and less AOPA recommended that the FAA pilots. Air Tractor added that it and its coordination within the FAA is incorporate the operations from competitor Thrush Aircraft, Inc. required. proposed § 91.313(h)(1) into proposed manufacture airplanes that, by The FAA is not eliminating the LODA § 91.313(b). This approach would definition, are ‘‘large’’ (greater than process and will retain the 180-day permit, without having to obtain a 12,500 lbs. gross weight). These effective date after publication. This LODA, flight operations in restricted airplanes are operated under will allow the FAA and operators time exemptions from § 61.31. Air Tractor 151 N 8900.295 Pilot Training and/or Certification to become familiar with the guidance requested that the FAA consider Events Conducted in Restricted Category Aircraft and process documents associated with clarifying that large aircraft that are became effective 05/05/2015. the LODA requirements. The FAA has

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retained the provision as proposed in ‘‘large or turbojet-powered multiengine requirement any airplane that is the NPRM. airplane,’’ to prevent any confusion as certificated for single-pilot operation, to whether the paragraph applied to including any airplanes certificated K. Single Pilot Operations of Former ‘‘large airplanes’’ or ‘‘large multiengine under new part 23 and any large Military Airplanes and Other Airplanes airplanes.’’ airplanes certificated under SFAR 41. With Special Airworthiness Certificates The FAA agrees that proposed The FAA notes that the remaining In the NPRM, the FAA proposed to § 91.531(b)(3) may have caused requirements of § 91.531 remain revise § 91.531 to allow large airplanes, confusion specific to large airplanes. unchanged from the proposal. including former military aircraft and The FAA is adopting AOPA’s some experimental aircraft, to operate recommendation. L. Technical Corrections and without an SIC if they were originally Additionally, the FAA recognizes that Nomenclature Change designed for single pilot operations.152 § 91.531 has been amended since the In the NPRM, the FAA proposed a The FAA also proposed to reorganize FAA published the NPRM on May 12, technical correction in appendix I to § 91.531 by placing all affirmative 2016.154 Effective August 30, 2017, the part 141, Additional Aircraft Category requirements in paragraph (a) and all FAA amended its airworthiness and/or Class Rating Course. In exceptions thereto in paragraph (b).153 standards for normal, utility, acrobatic, paragraph 4.(k), course for an airplane The Aircraft Owners and Pilots and commuter category airplanes by additional multiengine class rating, Association (AOPA) expressed concern replacing the current prescriptive design subparagraph (2) discussing the that, if read in isolation, proposed requirements of part 23 with requirements for the commercial pilot § 91.531(b) could be interpreted as performance-based airworthiness certificate, the FAA noted that two providing an exhaustive list of airplanes standards.155 As part of the part 23 final paragraphs were designated as (k)(2)(iv). that may be operated without a SIC. rule, the FAA replaced the utility, The FAA proposed to redesignate the AOPA stated that this would be a acrobatic, and commuter categories in second paragraph (k)(2)(iv) as paragraph detrimental unintended consequence part 23 with new airplane certification (k)(2)(v). The FAA received no because airplanes type certificated for levels. As a result, the FAA amended comments on this correction. The FAA one required pilot are not listed in § 91.531(a)(1) and (3) to incorporate the is redesignating the second paragraph proposed § 91.531(b). AOPA new airplane certification levels to (k)(2)(iv) as paragraph (k)(2)(v) as recommended the FAA clarify that ensure airplanes certificated in the proposed. proposed § 91.531(b) is not an future under new part 23 airworthiness Additionally, to reflect the change in exhaustive list. standards would be addressed by nomenclature regarding flight Section 91.531(b) should not be read § 91.531. In this final rule, the FAA simulators, the FAA proposed to remove in isolation from the remainder of finds it unnecessary to expressly the words ‘‘flight simulator’’ wherever § 91.531. Section 91.531 prescribes SIC incorporate the new airplane they appear in the sections the FAA requirements under subpart F of part 91. certification levels in the reorganized determined needed to be revised and Subpart F of part 91 applies to large and rule language of § 91.531(a) because replace them with the words ‘‘full flight turbine-powered multiengine airplanes levels 3 and 4 airplanes are already simulator.’’ The Society of Aviation and and fractional ownership program covered by § 91.531(a)(1), which Flight Educators agreed with the aircraft. Section 91.531(b) should be requires a SIC for any airplane that is proposed changes of wording to ‘‘full read in context with paragraph (a), type certificated for more than one flight simulator.’’ The FAA is adopting which expressly states that exceptions required pilot. the changes as proposed. The following are provided in paragraph (b). The FAA Furthermore, the FAA is relocating sections are amended to reflect this finds that reading § 91.531 in its entirety the exception in proposed nomenclature change: §§ 61.31, 61.51, alleviates AOPA’s concern. The FAA is § 91.531(a)(2), which excepts from the 61.57, 61.109, 61.129, 61.159, 61.161, adopting § 91.531(b) as proposed. SIC requirement any large airplane that and section 4 of Appendix D to part 141. AOPA also recommended revising is type certificated for single-pilot Finally, as discussed in section III.F.2. proposed § 91.531(b)(3) to state ‘‘large operation, to § 91.531(b)(1). This change of this preamble, GAMA recommended airplane or turbojet-powered from what was proposed is consistent the FAA update its nomenclature to multiengine airplane,’’ rather than with the NPRM, which intended to reflect the new Airmen Certification place all affirmative requirements in Standards (ACS). The FAA began 152 Prior to this final rule, certain former military paragraph (a) and all exceptions in transitioning from the practical test aircraft and some experimental aircraft that were paragraph (b). The FAA notes that, standards (PTS) to the airmen designed to be flown by one pilot were required rather than providing an exception for under § 91.531(a) to have a SIC because they certification standards (ACS) on June qualified as a large airplane. These airplanes were any large airplane certificated under 15, 2016. The transition from the PTS to not eligible to obtain an LOA under § 91.531(b) SFAR 41 if that airplane is certificated the ACS is an ongoing process in which because they were not type certificated. Under for operation with one pilot, paragraph the FAA is enhancing the guidance it § 91.531(b), the Administrator was allowed only to (b)(1) excepts any airplane that is issue LOAs for the operation of an airplane without provides to applicants, instructors, and an SIC ‘‘if that airplane is designed for and type certificated for operation with one pilot. evaluators to better prepare applicants certificated with only one pilot station.’’ It is therefore unnecessary to expressly for knowledge and practical tests.156 153 As stated in the NPRM, the FAA also proposed reference the new airplane certification In light of GAMA’s comment, the to eliminate inconsistencies, redundancies, and levels in paragraph (b) because FAA recognized that the following obsolete provisions in § 91.531, including the § 91.531(b)(1) will except from the SIC language found in former paragraph (d). 81 FR at sections still referenced the practical 29744. The FAA notes that former § 91.531(d), test standards: §§ 61.43, 61.57, 65.59, 154 which applied to part 91, subpart K aircraft, was Regulatory Relief: Aviation Training Devices; appendix A to part 65, and appendices redundant to § 91.1049(d). Section 91.1049(d) Pilot Certification, Training, and Pilot Schools; and states, ‘‘[u]nless otherwise authorized by the Other Provisions, proposed rule, 81 FR 29720 (May A, B, C and D to part 60. The FAA has Administrator, when any program aircraft is flown 12, 2016). in program operations with passengers onboard, the 155 Revisions of Airworthiness Standards for 156 The ACS offers a more comprehensive and crew must consist of at least two qualified pilots Normal, Utility, Acrobatic, and Commuter Category integrated presentation of standards for the employed or contracted by the program manager or Airplanes, final rule, 81 FR 96572 (Dec. 30, 2016) knowledge and practical test for an airman the fractional owner.’’ (part 23 final rule). certificate or rating.

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decided to revise these sections to IV. Discussion of Effective Dates for • Substantive amendments to reflect the transition to the ACS. Rule Provisions § 61.129(a)(3)(ii) and (j) and appendix In § 61.57(d), the FAA is removing the In the NPRM, the FAA proposed three D to part 141 regarding the reference to the PTS. The FAA different effective dates for the various completion of commercial pilot recognizes that it was inappropriate for proposed amendments. The proposed training in technically advanced § 61.57(d) to state that the areas of amendments would have been effective airplanes and clarifying amendments operation and instrument tasks were to § 61.129(b)(3)(ii) either 30, 60 or 180 days after the date • required in the instrument rating PTS. of publication of the final rule in the Amendments to §§ 61.412, 61.415(h) The PTS and ACS do not contain Federal Register, depending on the type and 91.109(c) regarding sport pilot regulatory requirements. Therefore, flight instructor training privilege and scale of implementation needed for • rather than referencing the instrument persons to begin complying with the Amendments to §§ 61.197 and 61.199 rating ACS in § 61.57(d), the FAA is amended requirements. regarding military competence for codifying in § 61.57(d) the areas of Flight Instructors The FAA received no comments on • operation for an IPC. The FAA finds that the proposed effective dates. The Amendments to § 61.31 regarding the this revision is not a substantive change following discussion summarizes when allowance of a § 135.293 pilot-in- because the areas of operation and the various amendments included in command competency check in a instrument tasks required for an IPC this final rule will become effective. complex or high-performance airplane remain unchanged. Thus, an IPC is still to meet the training requirements for driven by the standards for the Provisions Effective 30 Days After Date a complex or high-performance instrument rating practical test.157 of Publication of Final Rule airplane, respectively In § 61.43(a)(1), the FAA is removing The following provisions will be Provisions Effective 150 Days After Date the reference to the PTS as unnecessary. effective 30 days after publication of the of Publication of Final Rule final rule: The FAA is also removing from § 65.59 The following provisions will be • The revised definition of ‘‘flight the reference to the aircraft dispatcher effective 150 days after publication of simulation training device’’ in § 1.1 PTS, to be consistent with editorial the final rule: changes made to other regulatory parts • All definitions added to § 61.1 and • Revisions to the definition of ‘‘pilot pertaining to certification of airmen. In revisions to the definition of ‘‘pilot time’’ in § 61.1 regarding the its place, the FAA is requiring an time’’ in § 61.1 regarding the reference allowance of SIC time obtained under applicant to demonstrate skill in to FFSs rather than flight simulators the SIC PDP in accordance with applying the areas of knowledge and the and the allowance for training § 135.99(c) topics outlined in appendix A of part 65 received or given in an ATD • • Amendments to § 61.57(c) regarding to preflight and all phases of flight, Substantive and clarifying amendments to § 61.51(g)(4) and (5) instrument experience requirements which must include abnormal and • emergency procedures. The FAA regarding instructor requirement Amendments to §§ 61.39, 61.51(e) and emphasizes that this is not a substantive when using an FFS, FTD, or ATD to (f), 61.159(a), (c), and (d)-(f), 61.161, change. The areas of operation in the complete instrument recency and 135.99(c) and (d) regarding aircraft dispatcher PTS are currently experience logging flight time as a second in • Amendment to § 61.51(h) to include command in part 135 operations based on an aircraft dispatcher’s duties • as they relate to the various phases of ATDs to accommodate the logging of Amendment to § 141.5(d) regarding flight, including preflight, en route, and training time in an ATD pilot school use of special curricula • post-flight, and abnormal and Amendments to § 135.245 regarding courses for renewal of certificate emergency situations that could occur. instrument experience requirements • Provisions Effective 180 Days After Date Therefore, the practical test will still be Amendments to § 61.195 regarding of Publication of Final Rule based on the aircraft dispatcher PTS on flight instructors with instrument The following provisions will be the items outlined in appendix A of part ratings only • effective 180 days after publication of 65. Additionally, the aircraft dispatcher Amendment to § 61.99 and addition the final rule: PTS will continue to provide direction of § 61.109(l) regarding credit for • to examiners on how to administer a training obtained as a sport pilot Amendments to §§ 61.3(a) and (l), • practical test. Substantive amendment to § 91.531 63.3, 63.16, 121.383(a) through (c), regarding single pilot operations of 91.1015 and 135.95 regarding Additionally, the FAA is removing former military airplanes and other temporary validation of flightcrew the references to the practical test airplanes with special airworthiness members’ certificates standards for FAA Publication FAA–S– certificates and clarifying • Amendments to § 91.313 regarding 8081 series (Practical Test Standards for amendments use of aircraft certificated in the Airline Transport Pilot Certificate, Type • Typographical correction to appendix restricted category for pilot flight Ratings, Commercial Pilot, and I to part 141 training, checking, and testing. Instrument Ratings) in appendices A, B, • Revisions related to the transition V. Advisory Circulars and Other C, and D to part 60. These references are from the practical test standards to the Guidance Materials replaced with ‘‘FAA Airman Testing airman certification standards in Standards for the Airline Transport Pilot §§ 61.43, 61.57, 65.59, appendix A to To further implement this final rule, Certificate, Type Ratings, Commercial part 65, and appendices A, B, C and the FAA is revising or creating the Pilot Certificate, and Instrument D to part 60 following Advisory Circulars and FAA Ratings.’’ Orders. Provisions Effective 60 Days After Date FAA Order 8900.1, Flight Standards 157 The areas of operation and instrument tasks of Publication of Final Rule Information Management System, Vol. are contained in new § 61.57(d)(1). The FAA notes 11, Chapter 10, Basic and Advanced that it is redesignating former § 61.57(d)(1) as new The following provisions will be § 61.57(d)(2), and former § 61.57(d)(2) as new effective 60 days after publication of the Aviation Training Device, Sec. 1, § 61.57(d)(3). final rule: Approval and Authorized Use under 14

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CFR parts 61 and 141 guidance flightcrew member’s airman certificate Section 61.3(a) is revised to permit a concerning ATD’s will be revised. and medical certificate privileges under pilot flightcrew member to carry a FAA Order 8900.1, Flight Standards an approved certificate verification plan temporary document as a required pilot Information Management System, Vol. 5 set forth in the certificate holder’s certificate for operating a civil aircraft of Airmen Certification, Chapter 1 operations specifications/management the United States. This document must Direction, Guidance, and Procedures for specifications. be provided under an approved Title 14 CFR parts 121/135 and General FAA Order 8900.1, Flight Standards certificate verification plan by a part 119 Aviation, Sec. 1, General Information, Information Management System, Vol. certificate holder conducting operations will be revised adding a new paragraph 5, Airman Certification, Chapter 2, Title under part 121 or 135 or a fractional to facilitate application to the General 14 CFR part 61 Certification of Pilots ownership program manager conducting Aviation and Commercial Division for and Flight Instructors, Sec. 15, Issue a operations under part 91, subpart K. new technology TAA designation. Title 14 CFR part 61 Pilot Certificate Section 61.3(l) is revised to require the The Commercial Pilot—Airplane ACS Based on Military Competence; and temporary document to be presented for will be revised to no longer require a FAA Order 8900.2, General Aviation inspection upon request of certain complex or turbine powered airplane to Airman Designee Handbook, Chapter 7, persons. be provided for part of the practical test, Designated Pilot Examiner Program, Section 61.31 is revised to add an and the Flight Instructor PTS for Sec. 19, Accomplish Designation/Issue exception in § 61.31(e) and (f) to allow Airplane will be revised to no longer Certificates as an ACR Employed Solely a § 135.293 pilot-in-command require a complex airplane to be by a FIRC Sponsor, Paragraph 121, competency check completed in a provided for part of the practical test. Flight Instructor Certificate and Ratings complex or high performance airplane AC 135–43: This document will be a Issued on the Basis of Military to meet the training requirements for a new AC (Part 135 SIC Professional Competence by an MCE and MC/FPE, complex or high performance airplane, Development Program) that will provide and Paragraph 122, Certification of respectively. part 135 operators guidance on Graduates; and Sec. 20, Accomplish Section 61.39 is revised to add a receiving FAA approval for training and Designation/Conduct Functions as an provision that requires a pilot who has qualifying pilots to act as an SIC and log MCE, FPE, MC/FPE, GIE, and FIRE, logged flight time under the SIC that time for the ATP flight time Paragraphs 123–127, Background, professional development program requirements. General Information for MCE, FPE, and requirements of § 61.159(c) to present a AC 61–65, Certification: Pilots and MC/FPE Designations, Issuance of a U.S. copy of the records required by Flight and Ground Instructors will be Private Pilot Certificate and Ratings § 135.63(a)(4)(vi) and (x) at the time of revised to include endorsements and Based on Foreign Pilot Licenses, Pilot application for the practical test. guidance pertaining to the sport pilot Certificates and Ratings Issued on the Section 61.43 is revised to remove the provisions. This will include the Basis of Military Competence by an reference to the practical test standards recommended endorsement for MCE and MC/FPE, and Compliance to reflect the transition to the airman qualifying a sport pilot only instructor with Other Provisions, respectively, certification standards. to give basic instrument flight guidance concerning flight instructor Section 61.51(e) is revised to allow a instruction to sport pilot candidates certificate renewal via military commercial pilot or ATP acting as PIC only. Additional guidance will be competence will be revised regarding of a part 135 operation to log all of the provided concerning reference to the the military flight instructor provisions flight time as PIC flight time even when General Aviation and Commercial included in this final rule. the SIC is the sole manipulator of the Division, to qualify aircraft as TAA that controls under an approved SIC PDP. otherwise do not meet the criteria VI. Section-By-Section Discussion of the Section 61.51(e) is also revised to defined in the rule definition. Final Rule prohibit an SIC from logging PIC time AC 141–1 Pilot School Certification In part 1, definitions and when the SIC is the sole manipulator of will be revised to reflect the allowance abbreviations, in § 1.1, the definition of the controls under an approved SIC to use graduates from special curricula ‘‘flight simulation training device’’ is PDP. Section 61.51(f) is revised to courses as a counter for those pilot revised. reflect the allowance for SICs to log schools obtaining initial or renewal In part 60, flight simulation training flight time in part 135 operations when pilot school certification. device initial and continuing not serving as required flightcrew AC 00–70: This document will be a qualification and use, appendices A, B, members under the type certificate or new AC (Flightcrew Member Certificate C, and D are revised to remove the regulations. Section 61.51(g) is revised Verification Plan) that will provide part references to the FAA Publication FAA– to allow a pilot to accomplish 121 air carriers, part 135 air carriers/ S–8081 series (Practical Test Standards instrument experience when using a operators, and part 91, subpart K, for Airline Transport Pilot Certificate, FFS, FTD, or ATD without an instructor program managers guidance on Type Ratings, Commercial Pilot, and present. Section 61.51(h) is revised to receiving FAA approval of a certificate Instrument Ratings) to reflect the include ATDs to accommodate the verification plan to provide a temporary transition to the airman certification logging of training time in an ATD. document verifying a flightcrew standards. These references are replaced Section 61.57(c) is revised to allow member’s airman certificate and with ‘‘FAA Airman Testing Standards pilots to accomplish instrument medical certificate privileges. for the Airline Transport Pilot experience in ATDs at the same 6- FAA Order 8900.1, Flight Standards Certificate, Type Ratings, Commercial month interval allowed for FFSs and Information Management System, Vol. Pilot Certificate, and Instrument FTDs. In addition, the section is revised 5, Airman Certification, Chapter 1, Ratings.’’ to no longer require pilots, who opt to Direction, Guidance and Procedures for In part 61, certification: Pilots, flight use ATDs for accomplishing instrument Parts 121/135 and General Aviation, instructors, and ground instructors, in experience, to complete a specific Sec. 7, Amendments to Certificates and § 61.1, the definition of ‘‘pilot time’’ is number of additional instrument Replacement of Lost Certificates will be revised. New definitions are added to experience hours or additional tasks. revised to provide guidance concerning § 61.1(b) for ‘‘aviation training device’’ Finally, § 61.57(d) is being revised to temporary documents verifying a and ‘‘technically advanced airplane.’’ remove the reference to the practical test

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standards and codifying the areas of instructor pilot proficiency check certificate and to add a process for operation and instrument tasks required within the 24 calendar months replacement of a lost or destroyed for an IPC. preceding the month of application to knowledge test report. Section 61.99 is revised to allow flight be eligible to renew his or her FAA In part 65, certification: Airmen other training received from a flight instructor flight instructor certificate based on that than flight crewmembers, § 65.59 and with a sport pilot rating who does not proficiency check. The section is appendix A are revised to update the also hold a flight instructor certificate clarified to indicate that a flight terminology to reflect the transition to issued under the requirements in instructor is able to renew his or her the airman certification standards. subpart H of part 61 to be credited certificate by providing a record In part 91, general operating and flight toward the flight training and demonstrating that, within the previous rules, § 91.109(c) is revised to permit a aeronautical experience requirements 24 calendar months, the instructor sport pilot instructor who has obtained for a recreational pilot certificate with passed a military instructor pilot the endorsement in § 61.412 to serve as airplane or rotorcraft categories. proficiency check for a rating that the a safety pilot only for the purpose of Section 61.109 is revised by adding instructor already holds or for a new providing flight training on control and paragraph (l) to allow flight training rating. maneuvering solely by reference to the received from a flight instructor with a Section 61.199 is revised to permit a instruments to a sport pilot applicant sport pilot rating who does not also hold military instructor to reinstate his or her seeking a solo endorsement in an a flight instructor certificate issued flight instructor certificate by providing airplane with a Vh greater than 87 knots under the requirements in subpart H of a record showing that, within the CAS. part 61 to be credited toward the flight previous six calendar months, the Section 91.313 is revised to permit training and aeronautical experience instructor passed a U.S. Armed Forces operators of aircraft certificated in the requirements for a private pilot instructor pilot or pilot examiner restricted category to operate those certificate with airplane, rotorcraft, or proficiency check for an additional aircraft for the purpose of providing lighter-than-air categories. military rating or completed a U.S. pilot training and testing, to pilots Section 61.129(a)(3)(ii) is revised to Armed Forces’ instructor pilot or pilot employed by the operator to perform the allow a pilot seeking an initial examiner training course and received special purpose operation, that leads to commercial pilot certificate with an an additional aircraft rating a type rating designation required by airplane single engine rating to qualification as a military instructor § 61.31(a) (and an ATP certificate complete 10 hours of training, currently pilot or pilot examiner. Section obtained concurrently with a type required in a complex or turbine- 61.199(c) is added as a temporary rating). The section is amended to allow powered airplane, to also be completed provision to provide a reinstatement flights to be conducted in restricted in a TAA or any combination thereof. method for military instructors and category aircraft for the purpose of Section 61.129(a)(3)(ii) is also revised to examiners who allowed their FAA designating examiners and qualifying include a reference to the requirements instructor certificates to expire before FAA inspectors in the aircraft type and of paragraph (j) because the FAA is the regulations allowed them to add a conducting oversight and observation of relocating the proposed requirements rating based on military instructor designated examiners. regarding what a TAA must contain to competence. Section 91.531 is revised to allow § 61.129(j). Coordinated revisions are Section 61.412 is added to establish certain large airplanes that are not type- made in § 61.129(b)(3)(ii) for clarity and training and endorsement requirements certificated to be operated without a consistency purposes only. for those sport pilot flight instructors pilot who is designated as SIC, provided Section 61.159 is revised to permit who want to provide training for sport- that those airplanes: (1) Were originally flight time logged under an approved pilot applicants on control and designed with only one pilot station; or SIC PDP to be used to meet certain flight maneuvering solely by reference to the (2) were originally designed with more time requirements for an ATP certificate flight instruments. than one pilot station for purposes of with an airplane category rating. Section 61.415 is revised by adding flight training or for other purposes, but Section 61.161 is revised to permit new paragraph (h) to clarify that a sport were operated by a branch of the United flight time logged under an approved pilot instructor may not conduct flight States armed forces or the armed forces SIC PDP to be used to meet certain flight training on control and maneuvering an of a foreign contracting State to the time requirements for an ATP certificate aircraft solely by reference to the Convention on International Civil with a rotorcraft category and helicopter instruments in an airplane that has a Vh Aviation with only one pilot. The class rating. greater than 87 knots CAS without section is revised to eliminate Section 61.195(b) and (c) are revised meeting the requirements in § 61.412. redundancies and reorganized for to permit a flight instructor who holds In part 63, certification: Flight purposes of clarification by placing all only an instrument rating to provide crewmembers other than pilots, § 63.3(a) affirmative requirements for a SIC in instrument training without being is revised to permit a flight engineer paragraph (a) and all exceptions thereto required to hold aircraft category and flightcrew member to carry a temporary in paragraph (b). class ratings on his or her flight verification document as an airman Section 91.1015 is revised to permit a instructor certificate if both the flight certificate or medical certificate, as fractional ownership program manager instructor and the pilot receiving appropriate. This document must be to obtain approval to provide a training hold a pilot certificate with the provided under an approved certificate temporary document verifying a appropriate category and class ratings. verification plan by a part 119 certificate flightcrew member’s airman certificate Flight instructors who wish to provide holder conducting operations under part and medical certificate privileges under instrument training in a multiengine 121. Section 63.3(e) is revised to require an approved certificate verification plan airplane must still have that additional the temporary document to be presented set forth in the program manager’s category and class on their flight for inspection upon request of certain management specifications. instructor certificate. persons. In part 121, operating requirements: Section 61.197(a)(2)(iv) is revised to Section 63.16 is revised to update the Domestic, flag, and supplemental allow a military instructor who has process for replacement of a lost or operations, § 121.383(b) is revised to passed a U.S. Armed Forces military destroyed airman certificate or medical require the temporary document to be

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presented for inspection upon request of rating to complete the 10 hours of Regulatory Policies and Procedures; (4) the Administrator. Section 121.383(c) is training in one, or a combination of, a will not result in a significant economic revised to permit a certificate holder to TAA, a complex airplane, or a turbine- impact on a substantial number of small obtain approval to provide a temporary powered airplane. entities, because this rule provides document verifying a flightcrew Appendix I to part 141, additional modest cost savings without imposing member’s airman certificate and aircraft category and/or class rating significant costs; (5) will not create medical certificate privileges under an course, section 4, paragraph (k)(2) is unnecessary obstacles to the foreign approved certificate verification plan set revised by redesignating the second commerce of the United States; and (6) forth in the certificate holder’s paragraph (k)(2)(iv) as paragraph will not impose an unfunded mandate operations specifications. (k)(2)(v). on state, local, or tribal governments, or In part 135, operating requirements: VII. Regulatory Notices and Analyses on the private sector by exceeding the Commuter and on demand operations threshold identified above. These and rules governing persons on board A. Regulatory Evaluation analyses are summarized below, and a such aircraft, § 135.95 is revised to Changes to Federal regulations must full discussion of the benefits and costs permit a certificate holder to obtain undergo several economic analyses. is provided in the regulatory evaluation approval to provide a temporary First, Executive Order 12866, and included in the docket for this document verifying a flightcrew Executive Order 13563, direct that each rulemaking. member’s airman certificate and Federal agency shall propose or adopt a Who is potentially affected by this rule? medical certificate privileges under an regulation only upon a reasoned approved certificate verification plan set determination that the benefits of the This final rule will provide regulatory forth in the certificate holder’s intended regulation justify its costs. relief and benefits to pilots, student operations specifications. Second, the Regulatory Flexibility Act pilots, flight instructors, military pilots Section 135.99 is revised to add of 1980 (Pub. L. 96–354) requires seeking civilian ratings, and pilot paragraph (c) to permit a certificate agencies to analyze the economic schools. holder conducting part 135 operations impact of regulatory changes on small to receive approval of an SIC PDP via entities. Third, the Trade Agreements Assumptions operations specifications (Ops Specs) in Act (Pub. L. 96–39) prohibits agencies 1. Analysis Time Period—5 Years order to allow their pilots to log time as from setting standards that create 2. Discount Rates—3% and 7% SICs in an operation that does not unnecessary obstacles to the foreign 3. Analysis Base Dollar Year—2016 require an SIC by type certification of commerce of the United States. In the aircraft or the regulations under developing U.S. standards, this Trade Summary of Cost Savings which the flight is being conducted. The Act requires agencies to consider paragraph includes requirements related international standards and, where The amendments in this final rule to the certificate holder, aircraft, and appropriate, that they be the basis of reduce or relieve existing burdens on pilots involved. Section 135.99(d) states U.S. standards. Fourth, the Unfunded the general aviation community and that certificate holders who have been Mandates Reform Act of 1995 (Pub. L. part 135 operators. Several of these approved to deviate from the 104–4) requires agencies to prepare a changes result from comments from the requirements in § 135.21(a), written assessment of the costs, benefits, general aviation community through § 135.341(a), or § 119.69(a) are not and other effects of proposed or final petitions for rulemaking, industry/ permitted to obtain approval to conduct rules that include a Federal mandate agency meetings, and requests for legal an SIC PDP. likely to result in the expenditure by interpretation. The changes include: Section 135.245 is revised to remove State, local, or tribal governments, in the reduction in time and flexibilities in the the reference to part 61 in § 135.245(a) aggregate, or by the private sector, of use of ATDs, FTDs, and FFSs; expanded and move the current instrument $100 million or more annually (adjusted opportunities for pilots in part 135 experience requirements in § 61.57(c) for inflation with base year of 1995). operations to log flight time; allowed and (d) to new § 135.245(c) and (d). This portion of the preamble alternatives to the complex airplane In part 141, pilot schools, § 141.5(d) is summarizes the FAA’s analysis of the requirement for commercial pilot revised to add an end-of-course test for economic impacts of this rule. We training; and, an allowance for pilots to a special curricula course approved suggest readers seeking greater detail credit some of their sport pilot training under § 141.57 to the list of activities a read the full regulatory evaluation, a toward a higher certificate. This final pilot school may use for the FAA to copy of which we have placed in the rule does not result in additional costs. issue or renew a pilot school certificate. docket for this rulemaking. The present value total cost savings Appendix D to part 141, commercial In conducting these analyses, FAA over the 5-year period of analysis is pilot certification course, is revised to has determined that this final rule: (1) about $93.1 million with an annualized allow commercial pilot certification Has benefits that justify its costs, (2) is cost savings of about $22.7 million at a courses to reflect the relief in not an economically ‘‘significant 7% discount rate. The following table § 61.129(a)(3)(ii) that permits a pilot regulatory action’’ as defined in section summarizes unquantified and seeking a commercial pilot certificate 3(f) of Executive Order 12866, (3) is not monetized cost savings over the 5-year with an airplane single engine class ‘‘significant’’ as defined in DOT’s period of analysis.

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TABLE 2—SUMMARY OF RULE PROVISIONS

Total 5-year cost savings Provision/area of regulatory relief (millions of $2016 dollars) * 2016$ PV at 3% PV at 7%

Allow a pilot to accomplish instrument recency experience in an FFS, FTD, or ATD without an instructor present ...... $12.5 $11.4 $10.3 Reduction in interval and time for pilots using ATDs ...... 83.1 76.1 68.2 Allowance to use less expensive basic airplanes for tests instead of more expensive complex airplanes ...... 3.1 2.8 2.6 Credit for training obtained as a sport pilot * ...... 14.0 13.3 12.3

5-Year Total ...... 113.5 104.0 93.1

Provisions With Unquantified Minimal Cost Savings

Second in Command for part 135 operations. Instrument recency experience for SICs serving in Part 135 operations. Flight instructors with instrument ratings only. Sport pilot flight instructor training privilege. Include special curricula courses in renewal of pilot school certificate. Temporary validation of flightcrew members’ certificates. Military competence for flight instructors. Restricted category aircraft training and testing allowances. Single pilot operations of former military airplanes and other airplanes with special airworthiness certificates. * Totals may not sum due to rounding.

The following table summarizes 3% discount rate are almost the same in comprises about 75% of the savings of annualized cost savings at a 7% this analysis). The reduction in interval this final rule. discount rate (annualized estaimtes at a and time for pilots using ATDs

TABLE 3—SUMMARY OF ANNUALIZED COST SAVINGS *

Annualized cost Provision/area of regulatory relief savings at 7% ($M)

Allow a pilot to accomplish instrument recency experience in an FFS, FTD, or ATD without an instructor present ...... $2.5 Reduction in interval and time for pilots using ATDs ...... 16.6 Allowance to use TAAs for training and less expensive basic airplanes for tests instead of more expensive complex air- planes ...... 6 Credit for training obtained as a sport pilot ...... 3.0

Total ...... 22.7 * Estimates may total due to rounding.

B. Regulatory Flexibility Determination significant economic impact on a 135 air carriers alone. The general lack The Regulatory Flexibility Act of 1980 substantial number of small entities. If of publicly available financial (Pub. L. 96–354) (RFA) establishes ‘‘as a the agency determines that it will, the information from these small businesses principle of regulatory issuance that agency must prepare a regulatory precludes a financial analysis of these agencies shall endeavor, consistent with flexibility analysis as described in the small businesses. the objectives of the rule and of RFA. This final rule will affect a substantial applicable statutes, to fit regulatory and However, if an agency determines that number of small entities. However, this informational requirements to the scale a rule is not expected to have a final rule will not impose a significant of the businesses, organizations, and significant economic impact on a impact on those entities because this governmental jurisdictions subject to substantial number of small entities, rule provides modest cost savings regulation. To achieve this principle, section 605(b) of the RFA provides that without imposing significant costs. agencies are required to solicit and the head of the agency may so certify Therefore, as provided in section consider flexible regulatory proposals and a regulatory flexibility analysis is 605(b), the head of the FAA certifies and to explain the rationale for their not required. The certification must that this final rule will not result in a actions to assure that such proposals are include a statement providing the significant economic impact on a given serious consideration.’’ The RFA factual basis for this determination, and substantial number of small entities, as covers a wide range of small entities, the reasoning should be clear. it imposes no new costs. including small businesses, not-for- Most of the parties affected by this C. International Trade Impact profit organizations, and small final rule will be small businesses such Assessment governmental jurisdictions. as flight instructors, aviation schools, Agencies must perform a review to fixed base operators, and small part 135 The Trade Agreements Act of 1979 determine whether a rule will have a air carriers. There are over 1,000 part (Pub. L. 96–39), as amended by the

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Uruguay Round Agreements Act (Pub. • Second in command for part 135 Standards and Recommended Practices L. 103–465), prohibits Federal agencies operations (information collection and has identified the following from establishing standards or engaging 2120–0021, 2120–0593, 2120–0039), differences with these proposed in related activities that create • Include special curricula courses in regulations. unnecessary obstacles to the foreign renewal of pilot school certificate The FAA notes that, under commerce of the United States. (information collection 2120–0009). § 61.159(c), pilots are permitted to log Pursuant to these Acts, the The FAA did not receive any second in command flight time in part establishment of standards is not comments regarding its proposed 135 operations when a second pilot is considered an unnecessary obstacle to revision to any of the listed information not required. ICAO standards do not the foreign commerce of the United collections. However, as the FAA was recognize the crediting of flight time States, so long as the standard has a developing this final rule, it recognized when a pilot is not required by the legitimate domestic objective, such as that it had not provided an opportunity aircraft certification or the operation the protection of safety, and does not for meaningful comment regarding the under which the flight is being operate in a manner that excludes proposed revisions to information conducted. Accordingly, all pilots who imports that meet this objective. The collections 2120–0021, 2120–0039 and log flight time under this provision and statute also requires consideration of 2120–0009.158 While the FAA had apply for an ATP certificate would have international standards and, where described the changes in burden it did a limitation on the certificate indicating appropriate, that they be the basis for not provide estimates of the total that the pilot does not meet the PIC U.S. standards. number of respondents affected by some aeronautical experience requirements of of the changes. To ensure transparency The FAA has assessed the potential ICAO. This limitation may be removed and a meaningful opportunity for when the pilot presents satisfactory effect of this final rule and determined comment, the FAA published three that it will have only a domestic impact evidence that he or she has met the notices seeking specific comment ICAO standards. and therefore would not create regarding the revisions being made to unnecessary obstacles to the foreign Additionally, the FAA is allowing each of these information collections as part 119 certificate holders conducting commerce of the United States. 159 part of this final rule. The revisions operations under parts 121 and 135 and D. Unfunded Mandates Assessment to these information collections will program managers conducting follow the notice and comment Title II of the Unfunded Mandates operations under part 91 subpart K to requirements of the Paperwork issue temporary verification documents Reform Act of 1995 (Pub. L. 104–4) Reduction Act and will be submitted to requires each Federal agency to prepare to flightcrew members who do not have OMB for review and approval. their airman certificates or medical a written statement assessing the effects The FAA notes that the effective dates certificates in their personal possession of any Federal mandate in a proposed or of the provisions of this final rule with for a particular flight. A temporary final agency rule that may result in an information collection revisions have verification document may be used for expenditure of $100 million or more (in been adjusted from the effective dates a period not to exceed 72 hours. Article 1995 dollars) in any one year by State, that were proposed to address the 29 of the Convention on International local, and tribal governments, in the Paperwork Reduction Act requirements Civil Aviation requires that every aggregate, or by the private sector; such for notice and OMB approval. a mandate is deemed to be a ‘‘significant aircraft engaged in international F. International Compatibility and regulatory action.’’ The FAA currently navigation shall carry ‘‘the appropriate Cooperation uses an inflation-adjusted value of licenses for each member of the crew.’’ $155.0 million in lieu of $100 million. In keeping with U.S. obligations Accordingly, the FAA is limiting the use of temporary verification documents to This final rule does not contain such under the Convention on International Civil Aviation, it is FAA policy to flights conducted entirely within the a mandate. Therefore, the requirements United States. of Title II of the Act do not apply. conform to ICAO Standards and Recommended Practices to the G. Environmental Analysis E. Paperwork Reduction Act maximum extent practicable. The FAA has reviewed the corresponding ICAO FAA Order 1050.1F identifies FAA The Paperwork Reduction Act of 1995 actions that are categorically excluded (44 U.S.C. 3507(d)) requires that the 158 The FAA notes that for one information from preparation of an environmental FAA consider the impact of paperwork collection, 2120–0593: Certification: Air Carriers assessment or environmental impact and other information collection and Commercial Operators, the FAA provided statement under the National burdens imposed on the public. estimates of the number of respondents and the Environmental Policy Act in the total burden. Therefore, the FAA provided adequate According to the 1995 amendments to notice and an opportunity for comment regarding absence of extraordinary circumstances. the Paperwork Reduction Act, (5 CFR the revisions to information collection 2120–0593 The FAA has determined this 1320.8(b)(2)(vi)), an agency may not in the NPRM. 81 FR 29749–52. The FAA further rulemaking action qualifies for the collect or sponsor the collection of notes that this information collection was submitted to OMB during the comment period for the NPRM. categorical exclusion identified in information, nor may it impose an OMB filed comment and continued the information paragraph 5–6.6f and involves no information collection requirement collection on January 2, 2017. extraordinary circumstances. unless it displays a currently valid 159 Agency Information Collection Activities: Office of Management and Budget Requests for Comments; Clearance of Renewed VIII. Executive Order Determinations Approval of Information Collection: Pilot Schools- (OMB) control number. FAR 141, 83 FR 27820 (Jun. 14, 2018); Agency A. Executive Order 13132, Federalism In the proposed rule the FAA Information Collection Activities: Requests for The FAA has analyzed this proposed identified three provisions with PRA Comments; Clearance of Renewed Approval of Information Collection: Certification: Pilots, Flight rule under the principles and criteria of implications that will require amended Instructors, and Ground Instructors, 83 FR 27821 Executive Order 13132, Federalism. The OMB supporting statements: (Jun. 14, 2018); Agency Information Collection agency has determined that this action • Activities: Requests for Comments; Clearance of a Instrument recency experience Revision to an Approval of an Existing Information would not have a substantial direct requirements (information collection Collection: Operating Requirements: Commuter and effect on the States, or the relationship 2120–0021), On-Demand Operation, 83 FR 27822 (Jun. 14, 2018). between the Federal Government and

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the States, or on the distribution of must identify the docket or notice PART 1—DEFINITIONS AND power and responsibilities among the number of this rulemaking. ABBREVIATIONS various levels of government, and, All documents the FAA considered in ■ therefore, would not have Federalism developing this proposed rule, 1. The authority citation for part 1 implications. including economic analyses and continues to read as follows: B. Executive Order 13211, Regulations technical reports, may be accessed from Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701. That Significantly Affect Energy Supply, the internet through the Federal Distribution, or Use eRulemaking Portal referenced above. ■ 2. In § 1.1, revise the definition of B. Small Business Regulatory ‘‘Flight simulation training device’’ to The FAA analyzed this proposed rule read as follows: under Executive Order 13211, Actions Enforcement Fairness Act Concerning Regulations that The Small Business Regulatory § 1.1 General definitions. Significantly Affect Energy Supply, Enforcement Fairness Act of 1996 * * * * * Distribution, or Use (May 18, 2001). The (SBREFA) requires FAA to comply with Flight simulation training device agency has determined that it would not small entity requests for information or (FSTD) means a full flight simulator or be a ‘‘significant energy action’’ under advice about compliance with statutes a flight training device. the executive order and would not be and regulations within its jurisdiction. * * * * * likely to have a significant adverse effect A small entity with questions regarding on the supply, distribution, or use of this document may contact its local PART 60—FLIGHT SIMULATION energy. FAA official, or the person listed under TRAINING DEVICE INITIAL AND CONTINUING QUALIFICATION AND C. Executive Order 13609, Promoting the FOR FURTHER INFORMATION CONTACT USE International Regulatory Cooperation heading at the beginning of the preamble. To find out more about Executive Order 13609, Promoting ■ 3. The authority citation for part 60 SBREFA on the internet, visit http:// continues to read as follows: International Regulatory Cooperation, www.faa.gov/regulations_policies/ (77 FR 26413, May 4, 2012) promotes rulemaking/sbre_act/. Authority: 49 U.S.C. 106(f), 106(g), 40113, international regulatory cooperation to and 44701; Pub. L. 111–216, 124 Stat. 2348 meet shared challenges involving List of Subjects (49 U.S.C. 44701 note). health, safety, labor, security, 14 CFR Part 1 ■ 4. In appendix A, revise paragraph environmental, and other issues and to 1.d.(27) to read as follows: reduce, eliminate, or prevent Air transportation. Appendix A to Part 60—Qualification unnecessary differences in regulatory 14 CFR Part 60 requirements. The FAA has analyzed Performance Standards for Airplane this action under the policies and Airmen, Aviation safety, Reporting Full Flight Simulators agency responsibilities of Executive and recordkeeping requirements. * * * * * Order 13609, and has determined that 1. * * * 14 CFR Part 61 this action would have no effect on d. * * * international regulatory cooperation. Aircraft, Airmen, Aviation safety, (27) FAA Airman Testing Standards for the Teachers. Airline Transport Pilot Certificate, Type D. Executive Order 13771, Reducing Ratings, Commercial Pilot Certificate, and Regulation and Controlling Regulatory 14 CFR Part 63 Instrument Ratings. Costs * * * * * Aircraft, Airman, Aviation safety. This final rule is considered an E.O. ■ 5. In appendix B, revise paragraph 13771 deregulatory action. Details on 14 CFR Part 65 1.d.(26) to read as follows: the estimated cost savings of this final Air traffic controllers, Aircraft, Appendix B to Part 60—Qualification rule can be found in the rule’s economic Airmen, Aviation safety, Reporting and Performance Standards for Airplane analysis. recordkeeping requirements. Flight Training Devices IX. Additional Information 14 CFR Part 91 * * * * * 1. * * * A. Availability of Rulemaking Aircraft, Airmen, Aviation safety. d. * * * Documents (26) FAA Airman Testing Standards for the 14 CFR Part 121 An electronic copy of rulemaking Airline Transport Pilot Certificate, Type Air carriers, Aircraft, Airmen, Ratings, Commercial Pilot Certificate, and documents may be obtained from the Instrument Ratings. internet by— Aviation safety. • * * * * * Searching the Federal eRulemaking 14 CFR Part 135 Portal (http://www.regulations.gov); ■ 6. In appendix C, revise paragraph • Visiting the FAA’s Regulations and Aircraft, Airmen, Aviation safety. 1.d.(25) to read as follows: Policies web page at http:// 14 CFR Part 141 Appendix C to Part 60—Qualification www.faa.gov/regulations_policies or Performance Standards for Helicopter • Accessing the Government Airmen, Educational facilities, Full Flight Simulators Publishing Office’s web page at http:// Reporting and recordkeeping www.fdsys.gov. requirements, Schools. * * * * * 1. * * * Copies may also be obtained by The Amendment d. * * * sending a request to the Federal (25) FAA Airman Testing Standards for the Aviation Administration, Office of In consideration of the foregoing, the Airline Transport Pilot Certificate, Type Rulemaking, ARM–1, 800 Independence Federal Aviation Administration Ratings, Commercial Pilot Certificate, and Avenue SW, Washington, DC 20591, or amends chapter I of title 14, Code of Instrument Ratings. by calling (202) 267–9677. Commenters Federal Regulations as follows: * * * * *

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■ 7. In appendix D, revise paragraph § 61.1 Applicability and definitions. ■ b. Effective August 27, 2018, revise 1.d.(28) to read as follows: * * * * * paragraphs (e)(2) and (f)(2). Appendix D to Part 60—Qualification (b) * * * The revisions read as follows: Pilot time *** Performance Standards for Helicopter (iii) Gives training as an authorized § 61.31 Type rating requirements, Flight Training Devices instructor in an aircraft, full flight additional training, and authorization requirements. * * * * * simulator, flight training device, or 1. * * * aviation training device; or * * * * * d. * * * (iv) Serves as second in command in (e) * * * (28) FAA Airman Testing Standards for the operations conducted in accordance (2) The training and endorsement Airline Transport Pilot Certificate, Type Ratings, Commercial Pilot Certificate, and with § 135.99(c) of this chapter when a required by paragraph (e)(1) of this Instrument Ratings. second pilot is not required under the section is not required if— * * * * * type certification of the aircraft or the (i) The person has logged flight time regulations under which the flight is as pilot in command of a complex PART 61—CERTIFICATION: PILOTS, being conducted, provided the airplane, or in a full flight simulator or FLIGHT INSTRUCTORS, AND GROUND requirements in § 61.159(c) are satisfied. flight training device that is INSTRUCTORS * * * * * representative of a complex airplane ■ 11. Effective December 24, 2018, in prior to August 4, 1997; or ■ 8. The authority citation for part 61 § 61.3, revise paragraph (a)(1)(iv), (ii) The person has received ground continues to read as follows: redesignate paragraph (a)(1)(v) as and flight training under an approved Authority: 49 U.S.C. 106(f), 106(g), 40113, paragraph (a)(1)(vii), add paragraphs training program and has satisfactorily 44701–44703, 44707, 44709–44711, 44729, (a)(1)(v) and (vi), and revise paragraph completed a competency check under 44903, 45102–45103, 45301–45302; Sec. (l) introductory text to read as follows: § 135.293 of this chapter in a complex 2307 Pub. L. 114–190, 130 Stat. 615 (49 airplane, or in a full flight simulator or U.S.C. 44703 note). § 61.3 Requirement for certificates, flight training device that is ■ 9. Amend § 61.1(b) as follows: ratings, and authorizations. representative of a complex airplane ■ a. Add a definition of ‘‘Aviation (a) * * * which must be documented in the training device’’ in alphabetical order. (1) * * * pilot’s logbook or training record. ■ b. Revise the definition of ‘‘Pilot (iv) A document conveying temporary (f) * * * time;’’ and, authority to exercise certificate (2) The training and endorsement ■ c. Add a definition of ‘‘Technically privileges issued by the Airmen required by paragraph (f)(1) of this advanced airplane’’ in alphabetical Certification Branch under § 61.29(e); section is not required if— order. (v) When engaged in a flight operation (i) The person has logged flight time The revisions and additions read as within the United States for a part 119 as pilot in command of a high- follows: certificate holder authorized to conduct performance airplane, or in a full flight operations under part 121 or 135 of this § 61.1 Applicability and definitions. simulator or flight training device that is chapter, a temporary document * * * * * representative of a high-performance provided by that certificate holder (b) * * * airplane prior to August 4, 1997; or Aviation training device means a under an approved certificate verification plan; (ii) The person has received ground training device, other than a full flight and flight training under an approved simulator or flight training device, that (vi) When engaged in a flight operation within the United States for a training program and has satisfactorily has been evaluated, qualified, and completed a competency check under approved by the Administrator. fractional ownership program manager authorized to conduct operations under § 135.293 of this chapter in a high * * * * * performance airplane, or in a full flight Pilot time means that time in which part 91, subpart K, of this chapter, a temporary document provided by that simulator or flight training device that is a person— representative of a high performance (i) Serves as a required pilot flight program manager under an approved certificate verification plan; or airplane which must be documented in crewmember; the pilot’s logbook or training record. (ii) Receives training from an * * * * * * * * * * authorized instructor in an aircraft, full (l) Inspection of certificate. Each flight simulator, flight training device, person who holds an airman certificate, ■ 13. Effective November 26, 2018, in or aviation training device; or temporary document in accordance with § 61.39, revise paragraph (a)(3) to read (iii) Gives training as an authorized paragraph (a)(1)(v) or (vi) of this section, as follows: instructor in an aircraft, full flight medical certificate, documents § 61.39 Prerequisites for practical tests. simulator, flight training device, or establishing alternative medical aviation training device. qualification under part 68 of this (a) * * * * * * * * chapter, authorization, or license (3) Have satisfactorily accomplished Technically advanced airplane (TAA) required by this part must present it and the required training and obtained the means an airplane equipped with an their photo identification as described aeronautical experience prescribed by electronically advanced avionics in paragraph (a)(2) of this section for this part for the certificate or rating system. inspection upon a request from: sought, and if applying for the practical * * * * * * * * * * test with flight time accomplished under § 61.159(c), present a copy of the ■ 10. Effective November 26, 2018, in ■ 12. Amend § 61.31 as follows: records required by § 135.63(a)(4)(vi) § 61.1(b), amend the definition of ‘‘Pilot ■ a. Effective July 27, 2018, in and (x) of this chapter; time’’ by removing the word ‘‘or’’ at the paragraphs (e)(1)(i), (f)(1)(i), (g)(2) and end of paragraph (ii), revising paragraph (3), and (h)(1), remove the words ‘‘flight * * * * * (iii), and adding paragraph (iv) to read simulator’’ and add in their place the ■ 14. In § 61.43, revise paragraph (a)(1) as follows: words ‘‘full flight simulator’’; and to read as follows:

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§ 61.43 Practical tests: General with § 135.99(c) of this chapter when a maintained and the pilot performs the procedures. second pilot is not required under the tasks and iterations in simulated (a) * * * type certification of the aircraft or the instrument conditions. A person may (1) Performing the tasks specified in regulations under which the flight is complete the instrument experience in the areas of operation for the airman being conducted, provided the any combination of an aircraft, full certificate or rating sought; requirements in § 61.159(c) are satisfied. flight simulator, flight training device, * * * * * (g) * * * or aviation training device. ■ 15. Amend § 61.51 as follows: (4) A person may use time in a full * * * * * ■ a. Effective July 27, 2018, in flight simulator, flight training device, (d) Instrument proficiency check. (1) paragraphs (b)(1)(iii) and (iv), (b)(2)(v), or aviation training device for acquiring Except as provided in paragraph (e) of (b)(3)(iii) and (iv), (k)(1)(ii), and instrument aeronautical experience for a this section, a person who has failed to (k)(2)(ii), remove the words ‘‘flight pilot certificate or rating provided an meet the instrument experience simulator’’ and add in their place the authorized instructor is present to requirements of paragraph (c) of this words ‘‘full flight simulator’’; observe that time and signs the person’s section for more than six calendar ■ b. Effective November 26, 2018, revise logbook or training record to verify the months may reestablish instrument paragraph (e)(1)(i); time and the content of the training currency only by completing an ■ c. Effective November 26, 2018, add session. instrument proficiency check. The paragraph (e)(5); (5) A person may use time in a full instrument proficiency check must ■ d. Effective November 26, 2018, revise flight simulator, flight training device, consist of at least the following areas of paragraphs (f)(1) and (2); or aviation training device for satisfying operation: ■ e. Effective November 26, 2018, add instrument recency experience (i) Air traffic control clearances and paragraph (f)(3); requirements provided a logbook or procedures; ■ f. Effective July 27, 2018, revise training record is maintained to specify (ii) Flight by reference to instruments; paragraph (g)(4); the training device, time, and the (iii) Navigation systems; ■ g. Effective July 27, 2018, add content. (iv) Instrument approach procedures; paragraph (g)(5); and (h) Logging training time. (1) A person (v) Emergency operations; and ■ h. Effective July 27, 2018, revise may log training time when that person (vi) Postflight procedures. paragraph (h)(1). receives training from an authorized * * * * * The revisions and additions read as instructor in an aircraft, full flight ■ 17. Revise § 61.99 to read as follows: follows: simulator, flight training device, or aviation training device. § 61.99 Aeronautical experience. § 61.51 Pilot logbooks. * * * * * (a) A person who applies for a * * * * * ■ recreational pilot certificate must (e) * * * 16. Amend § 61.57 as follows: ■ a. Effective July 27, 2018, in receive and log at least 30 hours of flight (1) * * * time that includes at least— (i) Except when logging flight time paragraphs (a)(3), (b)(2), (d)(1)(ii), (e)(4)(ii)(D), and (g) introductory text, (1) 15 hours of flight training from an under § 61.159(c), when the pilot is the authorized instructor on the areas of sole manipulator of the controls of an remove the words ‘‘flight simulator’’ and add in their place the words ‘‘full operation listed in § 61.98 that consists aircraft for which the pilot is rated, or of at least: has sport pilot privileges for that flight simulator’’; ■ b. Effective July 27, 2018, in paragraph (i) Except as provided in § 61.100, 2 category and class of aircraft, if the hours of flight training en route to an aircraft class rating is appropriate; (e)(4)(ii)(D), remove the words ‘‘flight simulator’s’’ and add in their place the airport that is located more than 25 * * * * * words ‘‘full flight simulator’s’’; nautical miles from the airport where (5) A commercial pilot or airline ■ c. Effective November 26, 2018, revise the applicant normally trains, which transport pilot may log all flight time paragraph (c)(2), remove paragraphs includes at least three takeoffs and three while acting as pilot in command of an (c)(3) through (5), and redesignate landings at the airport located more operation in accordance with § 135.99(c) paragraph (c)(6) as paragraph (c)(3); than 25 nautical miles from the airport of this chapter if the flight is conducted ■ d. Effective July 27, 2018, redesignate where the applicant normally trains; in accordance with an approved second- paragraphs (d)(1) and (2) as paragraphs and in-command professional development (d)(2) and (3), redesignate the (ii) Three hours of flight training with program that meets the requirements of introductory text of paragraph (d) as an authorized instructor in the aircraft § 135.99(c) of this chapter. paragraph (d)(1), and revise newly for the rating sought in preparation for (f) * * * redesignated paragraph (d)(1). the practical test within the preceding 2 (1) Is qualified in accordance with the The revisions read as follows: calendar months from the month of the second-in-command requirements of test. § 61.55, and occupies a crewmember § 61.57 Recent flight experience: Pilot in (2) Three hours of solo flying in the station in an aircraft that requires more command. aircraft for the rating sought, on the than one pilot by the aircraft’s type * * * * * areas of operation listed in § 61.98 that certificate; (c) * * * apply to the aircraft category and class (2) Holds the appropriate category, (2) Use of a full flight simulator, flight rating sought. class, and instrument rating (if an training device, or aviation training (b) The holder of a sport pilot instrument rating is required for the device for maintaining instrument certificate may credit flight training flight) for the aircraft being flown, and experience. A pilot may accomplish the received from a flight instructor with a more than one pilot is required under requirements in paragraph (c)(1) of this sport pilot rating toward the the type certification of the aircraft or section in a full flight simulator, flight aeronautical experience requirements of the regulations under which the flight is training device, or aviation training this section if the following conditions being conducted; or device provided the device represents are met: (3) Serves as second in command in the category of aircraft for the (1) The flight training was operations conducted in accordance instrument rating privileges to be accomplished in the same category and

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class of aircraft for which the rating is that meets the requirements of category and class rating must have at sought; paragraph (j) of this section, or any least 1,500 hours of total time as a pilot (2) The flight instructor with a sport combination thereof. The airplane must that includes at least: pilot rating was authorized to provide be appropriate to land or sea for the * * * * * the flight training; and rating sought; (5) 250 hours of flight time in an (3) The flight training included * * * * * airplane as a pilot in command, or when training on areas of operation that are (b) * * * serving as a required second in required for both a sport pilot certificate (3) * * * command flightcrew member and a recreational pilot certificate. (ii) 10 hours of training in a performing the duties of pilot in ■ 18. In § 61.109, amend paragraph (k) multiengine complex or turbine- command while under the supervision by removing the words ‘‘flight powered airplane; or for an applicant of a pilot in command, or any simulator’’ and adding in their place the seeking a multiengine seaplane rating, combination thereof, which includes at words ‘‘full flight simulator’’ and add 10 hours of training in a multiengine least— paragraph (l) to read as follows: seaplane that has flaps and a * * * * * controllable pitch propeller, including (c) A commercial pilot may log § 61.109 Aeronautical experience. seaplanes equipped with an engine second-in-command pilot time toward * * * * * control system consisting of a digital the aeronautical experience (l) Permitted credit for flight training computer and associated accessories for requirements of paragraph (a) of this received from a flight instructor with a controlling the engine and propeller, section and the aeronautical experience sport pilot rating. The holder of a sport such as a full authority digital engine requirements in § 61.160, provided the pilot certificate may credit flight control; pilot is employed by a part 119 training received from a flight instructor * * * * * certificate holder authorized to conduct with a sport pilot rating toward the operations under part 135 of this aeronautical experience requirements of (j) Technically advanced airplane. Unless otherwise authorized by the chapter and the second-in-command this section if the following conditions pilot time is obtained in operations are met: Administrator, a technically advanced airplane must be equipped with an conducted for the certificate holder (1) The flight training was under part 91 or 135 of this chapter accomplished in the same category and electronically advanced avionics system that includes the following installed when a second pilot is not required class of aircraft for which the rating is under the type certification of the sought; components: (1) An electronic Primary Flight aircraft or the regulations under which (2) The flight instructor with a sport the flight is being conducted, and the pilot rating was authorized to provide Display (PFD) that includes, at a minimum, an airspeed indicator, turn following requirements are met— the flight training; and (1) The experience must be coordinator, attitude indicator, heading (3) The flight training included accomplished as part of a second-in- indicator, altimeter, and vertical speed either— command professional development indicator; (i) Training on areas of operation that program approved by the Administrator (2) An electronic Multifunction are required for both a sport pilot under § 135.99 of this chapter; certificate and a private pilot certificate; Display (MFD) that includes, at a (2) The flight operation must be or minimum, a moving map using Global conducted in accordance with the Positioning System (GPS) navigation (ii) For airplanes with a VH greater certificate holder’s operations than 87 knots CAS, training on the with the aircraft position displayed; specification for the second-in- control and maneuvering of an airplane (3) A two axis autopilot integrated command professional development solely by reference to the flight with the navigation and heading program; instruments, including straight and guidance system; and (3) The pilot in command of the level flight, turns, descents, climbs, use (4) The display elements described in operation must certify in the pilot’s of radio aids, and ATC directives, paragraphs (j)(1) and (2) of this section logbook that the second-in-command provided the training was received from must be continuously visible. pilot time was accomplished under this a flight instructor with a sport pilot ■ 20. In § 61.159: section; and rating who holds an endorsement ■ a. Effective July 27, 2018, amend (4) The pilot time may not be logged required by § 61.412(c). paragraph (a)(4) by removing the words as pilot-in-command time even when ■ 19. In § 61.129: ‘‘flight simulator’’ and adding in their the pilot is the sole manipulator of the ■ a. Effective August 27, 2018, revise place the words ‘‘full flight simulator’’; controls and may not be used to meet paragraphs (a)(3)(ii) and (b)(3)(ii); and the aeronautical experience ■ b. Effective July 27, 2018, in ■ b. Effective November 26, 2018, revise requirements in paragraph (a)(5) of this paragraphs (c)(3)(i), (d) introductory the introductory text of paragraphs (a) section. text, (d)(3)(i), and (i), remove the words and (a)(5), revise paragraph (c), (d) A commercial pilot may log the ‘‘flight simulator’’ and add in their place redesignate paragraphs (d) and (e) as following flight engineer flight time the words ‘‘full flight simulator’’; and paragraphs (e) and (f), add new toward the 1,500 hours of total time as ■ c. Effective August 27, 2018, add paragraph (d), and revise newly a pilot required by paragraph (a) of this paragraph (j). redesignated paragraphs (e) and (f). section and the total time as a pilot The revisions and addition read as The revisions and addition read as required by § 61.160: follows: follows: (1) Flight-engineer time, provided the time— § 61.129 Aeronautical experience. § 61.159 Aeronautical experience: Airplane (i) Is acquired in an airplane required (a) * * * category rating. to have a flight engineer by the (3) * * * (a) Except as provided in paragraphs airplane’s flight manual or type (ii) 10 hours of training in a complex (b), (c), and (d) of this section, a person certificate; airplane, a turbine-powered airplane, or who is applying for an airline transport (ii) Is acquired while engaged in a technically advanced airplane (TAA) pilot certificate with an airplane operations under part 121 of this

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chapter for which a flight engineer is aeronautical experience requirements of (e) Training in an aircraft that required; ICAO,’’ as prescribed under Article 39 requires a type rating. A flight instructor (iii) Is acquired while the person is of the Convention on International Civil may not give flight instruction, participating in a pilot training program Aviation. including instrument training, in an approved under part 121 of this chapter; (e) An applicant is entitled to an aircraft that requires the pilot in and airline transport pilot certificate without command to hold a type rating unless (iv) Does not exceed more than 1 hour the ICAO limitation specified under the flight instructor holds a type rating for each 3 hours of flight engineer flight paragraph (d) of this section when the for that aircraft on his or her pilot time for a total credited time of no more applicant presents satisfactory evidence certificate. than 500 hours. of having met the ICAO requirements * * * * * (2) Flight-engineer time, provided the under paragraph (d) of this section and (l) Training on control and flight time— otherwise meets the aeronautical maneuvering an aircraft solely by (i) Is acquired as a U.S. Armed Forces’ experience requirements of this section. reference to the instruments. A flight flight engineer crewmember in an ■ 22. In § 61.195, revise paragraphs (b), instructor may conduct flight training airplane that requires a flight engineer (c), and (e) and add paragraph (l) to read on control and maneuvering an airplane crewmember by the flight manual; as follows: solely by reference to the flight (ii) Is acquired while the person is instruments, provided the flight participating in a flight engineer § 61.195 Flight instructor limitations and instructor— crewmember training program for the qualifications. (1) Holds a flight instructor certificate U.S. Armed Forces; and * * * * * with the applicable category and class (iii) Does not exceed 1 hour for each (b) Aircraft ratings. Except as rating; or 3 hours of flight engineer flight time for provided in paragraph (c) of this (2) Holds an instrument rating a total credited time of no more than section, a flight instructor may not appropriate to the aircraft used for the 500 hours. conduct flight training in any aircraft training on his or her flight instructor (e) An applicant who credits time unless the flight instructor: certificate, and holds a commercial pilot under paragraphs (b), (c), and (d) of this (1) Holds a flight instructor certificate certificate or airline transport pilot section is issued an airline transport with the applicable category and class certificate with the appropriate category pilot certificate with the limitation, rating; and class ratings for the aircraft in ‘‘Holder does not meet the pilot in (2) Holds a pilot certificate with the which the training is conducted command aeronautical experience applicable category and class rating; and provided the pilot receiving the training (3) Meets the requirements of requirements of ICAO,’’ as prescribed holds a pilot certificate with category paragraph (e) of this section, if under Article 39 of the Convention on and class ratings appropriate to the applicable. International Civil Aviation. aircraft in which the training is being (f) An applicant is entitled to an (c) Instrument rating. A flight instructor may conduct instrument conducted. airline transport pilot certificate without ■ 23. Effective August 27, 2018, in the ICAO limitation specified under training for the issuance of an instrument rating, a type rating not § 61.197, revise paragraphs (a)(2)(iv) and paragraph (e) of this section when the (c) to read as follows: applicant presents satisfactory evidence limited to VFR, or the instrument of having met the ICAO requirements training required for commercial pilot § 61.197 Renewal requirements for flight under paragraph (e) of this section and and airline transport pilot certificates if instructor certification. otherwise meets the aeronautical the following requirements are met: (a) * * * experience requirements of this section. (1) Except as provided in paragraph (2) * * * (c)(2) of this section, the flight instructor ■ 21. In § 61.161: (iv) A record showing that, within the must hold an instrument rating ■ a. Effective July 27, 2018, amend preceding 24 months from the month of appropriate to the aircraft used for the paragraph (b) by removing the words application, the flight instructor passed instrument training on his or her flight ‘‘flight simulator’’ and adding in their an official U.S. Armed Forces military instructor certificate, and— instructor pilot or pilot examiner place the words ‘‘full flight simulator’’; (i) Meet the requirements of paragraph and proficiency check in an aircraft for ■ (b) of this section; or which the military instructor already b. Effective November 26, 2018, add (ii) Hold a commercial pilot certificate paragraphs (c), (d), and (e). holds a rating or in an aircraft for an or airline transport pilot certificate with additional rating. The additions read as follows: the appropriate category and class * * * * * ratings for the aircraft in which the § 61.161 Aeronautical experience: (c) The practical test required by instrument training is conducted Rotorcraft category and helicopter class paragraph (a)(1) of this section may be rating. provided the pilot receiving instrument accomplished in a full flight simulator training holds a pilot certificate with * * * * * or flight training device if the test is category and class ratings appropriate to (c) Flight time logged under accomplished pursuant to an approved the aircraft in which the instrument § 61.159(c) may be counted toward the course conducted by a training center training is being conducted. 1,200 hours of total time as a pilot certificated under part 142 of this (2) If the flight instructor is required by paragraph (a) of this section chapter. conducting the instrument training in a and the flight time requirements of ■ 24. Effective August 27, 2018, in paragraphs (a)(1), (2), and (4) of this multiengine airplane, the flight instructor must hold an instrument § 61.199, add paragraphs (a)(3), (c) and section, except for the specific (d) to read as follows: helicopter flight time requirements. rating appropriate to the aircraft used (d) An applicant who credits time for the instrument training on his or her § 61.199 Reinstatement requirements of an under paragraph (c) of this section is flight instructor certificate and meet the expired flight instructor certificate. issued an airline transport pilot requirements of paragraph (b) of this (a) * * * certificate with the limitation, ‘‘Holder section. (3) For military instructor pilots, does not meet the pilot in command * * * * * provide a record showing that, within

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the preceding 6 calendar months from proficient in providing training on (c) When the aircraft is operated the date of application for control and maneuvering solely by within a foreign country, a current flight reinstatement, the person— reference to the flight instruments in an engineer certificate issued by the (i) Passed a U.S. Armed Forces airplane with a VH greater than 87 knots country in which the aircraft is instructor pilot or pilot examiner CAS. This flight training must include operated, with evidence of current proficiency check; or straight and level flight, turns, descents, medical qualification for that certificate, (ii) Completed a U.S. Armed Forces’ climbs, use of radio navigation aids, and may be used. Also, in the case of a flight instructor pilot or pilot examiner ATC directives. engineer certificate issued under training course and received an ■ 26. Effective August 27, 2018, in § 63.42, evidence of current medical additional aircraft rating qualification as § 61.415, redesignate paragraphs (h) and qualification accepted for the issue of a military instructor pilot or pilot (i) as paragraphs (i) and (j) and add that certificate is used in place of a examiner that is appropriate to the flight paragraph (h) to read as follows: medical certificate. instructor rating sought. (d) No person may act as a flight * * * * * § 61.415 What are the limits of a flight navigator of a civil aircraft of U.S. (c) Certain military instructors and instructor certificate with a sport pilot registry unless that person has in his or rating? examiners. The holder of an expired her physical possession a current flight flight instructor certificate issued prior * * * * * navigator certificate issued to him or her to October 20, 2009, may apply for (h) You may not provide training on under this part and a second-class (or reinstatement of that certificate by the control and maneuvering of an higher) medical certificate issued to him presenting the following: aircraft solely by reference to the or her under part 67 of this chapter (1) A record showing that, since the instruments in a light sport airplane within the preceding 12 months. date the flight instructor certificate was with a Vh greater than 87 knots CAS However, when the aircraft is operated issued, the person passed a U.S. Armed unless you meet the requirements in within a foreign country, a current flight Forces instructor pilot or pilot examiner § 61.412. navigator certificate issued by the proficiency check for an additional * * * * * country in which the aircraft is military rating; and operated, with evidence of current (2) A knowledge test report that PART 63—CERTIFICATION: FLIGHT medical qualification for that certificate, shows the person passed a knowledge CREWMEMBERS OTHER THAN may be used. test on the aeronautical knowledge areas PILOTS (e) Each person who holds a flight listed under § 61.185(a) appropriate to engineer or flight navigator certificate, ■ 27. The authority citation for part 63 the flight instructor rating sought and medical certificate, or temporary is revised to read as follows: the knowledge test was passed within document in accordance with paragraph the preceding 24 calendar months prior Authority: 49 U.S.C. 106(f), 106(g), 40113, (a)(3) of this section shall present it for to the month of application. 44701–44703, 44707, 44709–44711, 45102– inspection upon the request of the (d) Expiration date. The requirements 45103, 45301–45302. Administrator or an authorized of paragraph (c) of this section will ■ 28. Effective December 24, 2018, representative of the National expire on August 26, 2019. revise § 63.3 to read as follows: Transportation Safety Board, or of any ■ Federal, State, or local law enforcement 25. Effective August 27, 2018, add § 63.3 Certificates and ratings required. § 61.412 to read as follows: officer. (a) Except as provided in paragraph ■ 29. Effective December 24, 2018, § 61.412 Do I need additional training to (c) of this section, no person may act as revise § 63.16 to read as follows: provide instruction on control and a flight engineer of a civil aircraft of U.S. maneuvering an airplane solely by registry unless that person has in his or § 63.16 Change of name; replacement of reference to the instruments in a light-sport her physical possession or readily lost or destroyed certificate. aircraft based on VH? accessible in the aircraft: (a) An application for a change of To provide flight training under (1) A current flight engineer certificate name on a certificate issued under this § 61.93(e)(12) on control and with appropriate ratings issued to that part must be accompanied by the maneuvering an airplane solely by person under this part; applicant’s current certificate and the reference to the flight instruments for (2) A document conveying temporary marriage license, court order, or other the purpose of issuing a solo cross- authority to exercise certificate document verifying the change. The country endorsement under § 61.93(c)(1) privileges issued by the Airman documents are returned to the applicant to a student pilot seeking a sport pilot Certification Branch under § 63.16(f); or after inspection. certificate, a flight instructor with a (3) When engaged in a flight operation (b) A request for a replacement of a sport pilot rating must: within the United States for a part 119 lost or destroyed airman certificate (a) Hold an endorsement required by certificate holder authorized to conduct issued under this part must be made: § 61.327(b); operations under part 121 of this (1) By letter to the Department of (b) Receive and log a minimum of 1 chapter, a temporary document Transportation, Federal Aviation hour of ground training and 3 hours of provided by that certificate holder Administration, Airman Certification flight training from an authorized under an approved certificate Branch, Post Office Box 25082, instructor in an airplane with a VH verification plan. Oklahoma City, OK 73125 and must be greater than 87 knots CAS or in a full (b) A person may act as a flight accompanied by a check or money order flight simulator, flight training device, engineer of an aircraft only if that for the appropriate fee payable to the or aviation training device that person holds a current second-class (or FAA; or replicates an airplane with a VH greater higher) medical certificate issued to that (2) In any other form and manner than 87 knots CAS; and person under part 67 of this chapter, or approved by the Administrator (c) Receive a one-time endorsement in other documentation acceptable to the including a request to Airman Services his or her logbook from an instructor FAA, that is in that person’s physical at http://www.faa.gov, and must be authorized under subpart H of this part possession or readily accessible in the accompanied by acceptable form of who certifies that the person is aircraft. payment for the appropriate fee.

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(c) A request for the replacement of a been notified that the certificate has (1) The other control seat is occupied lost or destroyed medical certificate been suspended or revoked. by a safety pilot who possesses at least: must be made: (2) Request for such a document must (i) A private pilot certificate with (1) By letter to the Department of include the date on which a duplicate category and class ratings appropriate to Transportation, FAA, Aerospace certificate or knowledge test report was the aircraft being flown; or Medical Certification Division, P.O. Box previously requested. (ii) For purposes of providing training 26200, Oklahoma City, OK 73125, and for a solo cross-country endorsement must be accompanied by a check or PART 65—CERTIFICATION: AIRMEN under § 61.93 of this chapter, a flight money order for the appropriate fee OTHER THAN FLIGHT instructor certificate with an payable to the FAA; or CREWMEMBERS appropriate sport pilot rating and meets (2) In any other manner and form the requirements of § 61.412 of this ■ 30. The authority citation for part 65 approved by the Administrator and chapter. must be accompanied by acceptable is revised to read as follows: * * * * * form of payment for the appropriate fee. Authority: 49 U.S.C. 106(f), 106(g), 40113, (d) A request for the replacement of a 44701–44703, 44707, 44709–44711, 45102– ■ 35. Effective December 24, 2018, in lost or destroyed knowledge test report 45103, 45301–45302. § 91.313, revise paragraphs (b), (c), and (d)(3) and (4) and add paragraphs (d)(5) must be made: ■ 31. Revise § 65.59 to read as follows: (1) By letter to the Department of and (h) to read as follows: Transportation, FAA, Airmen § 65.59 Skill requirements. § 91.313 Restricted category civil aircraft: Certification Branch, P.O. Box 25082, An applicant for an aircraft dispatcher Operating limitations. Oklahoma City, OK 73125, and must be certificate must pass a practical test accompanied by a check or money order * * * * * given by the Administrator, with respect (b) For the purpose of paragraph (a) of for the appropriate fee payable to the to any one type of large aircraft used in FAA; or this section, the following operations air carrier operations. To pass the are considered necessary to accomplish (2) In any other manner and form practical test for an aircraft dispatcher approved by the Administrator and the work activity directly associated certificate, the applicant must with a special purpose operation: must be accompanied by acceptable demonstrate skill in applying the areas (1) Flights conducted for flight form of payment for the appropriate fee. of knowledge and topics specified in crewmember training in a special (e) The letter requesting replacement appendix A of this part to preflight and purpose operation for which the aircraft of a lost or destroyed airman certificate, all phases of flight, including abnormal is certificated. medical certificate, or knowledge test and emergency procedures. report must state: (2) Flights conducted to satisfy ■ (1) The name of the person; 32. Revise the introductory text of proficiency check and recent flight (2) The permanent mailing address appendix A to read as follows: experience requirements under part 61 (including ZIP code), or if the Appendix A to Part 65—Aircraft of this chapter provided the flight permanent mailing address includes a Dispatcher Courses crewmember holds the appropriate post office box number, then the category, class, and type ratings and is Overview person’s current residential address; employed by the operator to perform the (3) The certificate holder’s date and This appendix sets forth the areas of appropriate special purpose operation. knowledge necessary to perform dispatcher place of birth; and (3) Flights conducted to relocate the (4) Any information regarding the— functions. The items listed below indicate the minimum set of topics that must be aircraft for delivery, repositioning, or (i) Grade, number, and date of maintenance. issuance of the airman certificate and covered in a training course for aircraft dispatcher certification. The order of (c) No person may operate a restricted ratings, if appropriate; coverage is at the discretion of the approved category civil aircraft carrying persons (ii) Class of medical certificate, the school. or property for compensation or hire. place and date of the medical exam, For the purposes of this paragraph (c), name of the Airman Medical Examiner * * * * * a special purpose operation involving (AME), and the circumstances PART 91—GENERAL OPERATING AND the carriage of persons or material concerning the loss of the original FLIGHT RULES necessary to accomplish that operation, medical certificate, as appropriate; and such as crop dusting, seeding, spraying, (iii) Date the knowledge test was ■ 33. The authority citation for part 91 and banner towing (including the taken, if appropriate. continues to read as follows: (f) A person who has lost an airman carrying of required persons or material certificate, medical certificate, or Authority: 49 U.S.C. 106(f), 106(g), 1155, to the location of that operation), an 40101, 40103, 40105, 40113, 40120, 44101, knowledge test report may obtain in a operation for the purpose of providing 44111, 44701, 44704, 44709, 44711, 44712, flight crewmember training in a special form or manner approved by the 44715, 44716, 44717, 44722, 46306, 46315, Administrator, a document conveying purpose operation, and an operation 46316, 46504, 46506–46507, 47122, 47508, conducted under the authority provided temporary authority to exercise 47528–47531, 47534, Pub. L. 114–190, 130 certificate privileges from the FAA Stat. 615 (49 U.S.C. 44703 note); articles 12 in paragraph (h) of this section are not Aeromedical Certification Branch or the and 29 of the Convention on International considered to be the carriage of persons Airman Certification Branch, as Civil Aviation (61 Stat. 1180), (126 Stat. 11). or property for compensation or hire. (d) * * * appropriate, and the— ■ 34. Effective August 27, 2018, in (1) Document may be carried as an § 91.109, revise paragraph (c)(1) to read (3) Performs an essential function in airman certificate, medical certificate, or as follows: connection with a special purpose knowledge test report, as appropriate, operation for which the aircraft is for a period not to exceed 60 days § 91.109 Flight instruction; Simulated certificated; pending the person’s receiving a instrument flight and certain flight tests. (4) Is necessary to accomplish the duplicate under paragraph (b), (c), or (d) * * * * * work activity directly associated with of this section, unless the person has (c) * * * that special purpose; or

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(5) Is necessary to accomplish an station, but single pilot operations were (c) A certificate holder may obtain operation under paragraph (h) of this permitted by the airplane flight manual approval to provide a temporary section. or were otherwise permitted by a branch document verifying a flightcrew * * * * * of the United States Armed Forces or member’s airman certificate and (h)(1) An operator may apply for the armed forces of a foreign contracting medical certificate privileges under an deviation authority from the provisions State to the Convention on International approved certificate verification plan set of paragraph (a) of this section to Civil Aviation. forth in the certificate holder’s conduct operations for the following (c) No person may designate a pilot to operations specifications. A document purposes: serve as second in command, nor may provided by the certificate holder may (i) Flight training and the practical any pilot serve as second in command, be carried as an airman certificate or test for issuance of a type rating of an airplane required under this medical certificate on flights within the provided— section to have two pilots unless that United States for up to 72 hours. (A) The pilot being trained and tested pilot meets the qualifications for second * * * * * holds at least a commercial pilot in command prescribed in § 61.55 of certificate with the appropriate category this chapter. PART 135—OPERATING and class ratings for the aircraft type; ■ 37. Effective December 24, 2018, in REQUIREMENTS: COMMUTER AND (B) The pilot receiving flight training § 91.1015, add paragraph (h) to read as ON DEMAND OPERATIONS AND is employed by the operator to perform follows: RULES GOVERNING PERSONS ON a special purpose operation; and BOARD SUCH AIRCRAFT (C) The flight training is conducted by § 91.1015 Management specifications. the operator who employs the pilot to * * * * * ■ 40. The authority citation for part 135 perform a special purpose operation. (h) A program manager may obtain is revised to read as follows: (ii) Flights to designate an examiner approval to provide a temporary Authority: 49 U.S.C. 106(f), 106(g), 40113, or qualify an FAA inspector in the document verifying a flightcrew 41706, 44701–44702, 44705, 44709, 44711– aircraft type and flights necessary to member’s airman certificate and 44713, 44715–44717, 44722, 44730, 45101– provide continuing oversight and medical certificate privileges under an 45105; Pub. L. 112–95, 126 Stat. 58 (49 U.S.C. evaluation of an examiner. approved certificate verification plan set 44730). (2) The FAA will issue this deviation forth in the program manager’s ■ 41. Effective December 24, 2018, authority as a letter of deviation management specifications. A document revise § 135.95 to read as follows: authority. (3) The FAA may cancel or amend a provided by the program manager may be carried as an airman certificate or § 135.95 Airmen: Limitations on use of letter of deviation authority at any time. services. (4) An applicant must submit a medical certificate on flights within the United States for up to 72 hours. (a) No certificate holder may use the request for deviation authority in a form services of any person as an airman and manner acceptable to the PART 121—OPERATING unless the person performing those Administrator at least 60 days before the REQUIREMENTS: DOMESTIC, FLAG, services— date of intended operations. A request AND SUPPLEMENTAL OPERATIONS (1) Holds an appropriate and current for deviation authority must contain a airman certificate; and complete description of the proposed ■ 38. The authority citation for part 121 (2) Is qualified, under this chapter, for operation and justification that continues to read as follows: the operation for which the person is to establishes a level of safety equivalent to Authority: 49 U.S.C. 106(f), 106(g), 40103, be used. that provided under the regulations for (b) A certificate holder may obtain the deviation requested. 40113, 40119, 41706, 42301 preceding note added by Pub. L. 112–95, sec. 412, 126 Stat. approval to provide a temporary ■ 36. Revise § 91.531 to read as follows: 89, 44101, 44701–44702, 44705, 44709– document verifying a flightcrew 44711, 44713, 44716–44717, 44722, 44729, member’s airman certificate and § 91.531 Second in command 44732; 46105; Pub. L. 111–216, 124 Stat. requirements. medical certificate privileges under an 2348 (49 U.S.C. 44701 note); Pub. L. 112–95, approved certificate verification plan set (a) Except as provided in paragraph 126 Stat. 62 (49 U.S.C. 44732 note). forth in the certificate holder’s (b) of this section, no person may ■ operations specifications. A document operate the following airplanes without 39. Effective December 24, 2018, in provided by the certificate holder may a pilot designated as second in § 121.383, revise paragraphs (a)(2) and be carried as an airman certificate or command: (b) and add paragraph (c) to read as (1) Any airplane that is type follows: medical certificate on flights within the certificated for more than one required United States for up to 72 hours. § 121.383 Airman: Limitations on use of ■ 42. Effective November 26, 2018, in pilot. services. § 135.99, add paragraphs (c) and (d) to (2) Any large airplane. (a) * * * (3) Any commuter category airplane. read as follows: (b) A person may operate the (2) Has in his or her possession while § 135.99 Composition of flight crew. following airplanes without a pilot engaged in operations under this part— (i) Any required appropriate current designated as second in command: * * * * * (1) Any airplane certificated for airman and medical certificates; or (c) Except as provided in paragraph operation with one pilot. (ii) A temporary document issued in (d) of this section, a certificate holder (2) A large airplane or turbojet- accordance with paragraph (c) of this authorized to conduct operations under powered multiengine airplane that section; and instrument flight rules may receive holds a special airworthiness certificate, * * * * * authorization from the Administrator if: (b) Each airman covered by paragraph through its operations specifications to (i) The airplane was originally (a)(2) of this section shall present his or establish a second-in-command designed with only one pilot station; or her certificates or temporary document professional development program. As (ii) The airplane was originally for inspection upon request of the part of that program, a pilot employed designed with more than one pilot Administrator. by the certificate holder may log time as

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second in command in operations (i) Has been fully qualified to serve as (ii) The person performs the tasks and conducted under this part and part 91 a pilot in command for the certificate iterations in simulated instrument of this chapter that do not require a holder for at least the previous 6 conditions; and second pilot by type certification of the calendar months; and (iii) A flight instructor qualified under aircraft or the regulation under which (ii) Has completed mentoring training, § 135.338 or a check pilot qualified the flight is being conducted, provided including techniques for reinforcing the under § 135.337 observes the tasks and the flight operation is conducted in highest standards of technical iterations and signs the person’s logbook accordance with the certificate holder’s performance, airmanship and or training record to verify the time and operations specifications for second-in- professionalism within the preceding 36 content of the session. command professional development calendar months. (d) A second in command who has program; and— (d) The following certificate holders failed to meet the instrument experience (1) The certificate holder: are not eligible to receive authorization requirements of paragraph (c) of this (i) Maintains records for each for a second-in-command professional section for more than six calendar assigned second in command consistent development program under paragraph months must reestablish instrument with the requirements in § 135.63; (c) of this section: recency under the supervision of a flight (ii) Provides a copy of the records (1) A certificate holder that uses only instructor qualified under § 135.338 or a required by § 135.63(a)(4)(vi) and (x) to one pilot in its operations; and check pilot qualified under § 135.337. the assigned second in command upon To reestablish instrument recency, a (2) A certificate holder that has been request and within a reasonable time; second in command must complete at approved to deviate from the and least the following areas of operation requirements in § 135.21(a), (iii) Establishes and maintains a data required for the instrument rating § 135.341(a), or § 119.69(a) of this collection and analysis process that will practical test in an aircraft or FSTD that chapter. enable the certificate holder and the represents the category of aircraft for the FAA to determine whether the second- ■ 43. In § 135.245, revise paragraph (a) instrument experience requirements to in-command professional development and add paragraphs (c) and (d) to read be reestablished: program is accomplishing its objectives. as follows. (1) Air traffic control clearances and (2) The aircraft is a multiengine § 135.245 Second in command procedures; airplane or a single-engine turbine- qualifications. (2) Flight by reference to instruments; powered airplane. The aircraft must (3) Navigation systems; have an independent set of controls for (a) Except as provided in paragraph (4) Instrument approach procedures; a second pilot flightcrew member, (b) of this section, no certificate holder (5) Emergency operations; and which may not include a throwover may use any person, nor may any (6) Postflight procedures. control wheel. The aircraft must also person serve, as second in command of PART 141—PILOT SCHOOLS have the following equipment and an aircraft unless that person holds at least a commercial pilot certificate with independent instrumentation for a ■ appropriate category and class ratings 44. The authority citation for part 141 second pilot: continues to read as follows: (i) An airspeed indicator; and an instrument rating. (ii) Sensitive altimeter adjustable for * * * * * Authority: 49 U.S.C. 106(f), 106(g), 40113, barometric pressure; (c) No certificate holder may use any 44701–44703, 44707, 44709, 44711, 45102– 45103, 45301–45302. (iii) Gyroscopic bank and pitch person, nor may any person serve, as indicator; second in command under IFR unless ■ 45. Effective November 26, 2018, in (iv) Gyroscopic rate-of-turn indicator that person meets the following § 141.5, revise paragraph (d) to read as combined with an integral slip-skid instrument experience requirements: follows: indicator; (1) Use of an airplane or helicopter for § 141.5 Requirements for a pilot school (v) Gyroscopic direction indicator; maintaining instrument experience. certificate. (vi) For IFR operations, a vertical Within the 6 calendar months preceding speed indicator; * * * * * the month of the flight, that person (d) Has established a pass rate of 80 (vii) For IFR operations, course performed and logged at least the guidance for en route navigation and percent or higher on the first attempt for following tasks and iterations in-flight all: instrument approaches; and in an airplane or helicopter, as (viii) A microphone, transmit switch, (1) Knowledge tests leading to a appropriate, in actual weather certificate or rating; and headphone or speaker. conditions, or under simulated (3) The pilot assigned to serve as (2) Practical tests leading to a instrument conditions using a view- certificate or rating; second in command satisfies the limiting device: following requirements: (3) End-of-course tests for an (i) Six instrument approaches; (i) The second in command approved training course specified in qualifications in § 135.245; (ii) Holding procedures and tasks; and appendix K of this part; and (ii) The flight time and duty period (iii) Intercepting and tracking courses (4) End-of-course tests for special limitations and rest requirements in through the use of navigational curricula courses approved under subpart F of this part; electronic systems. § 141.57. (iii) The crewmember testing (2) Use of an FSTD for maintaining * * * * * requirements for second in command in instrument experience. A person may ■ 46. Effective August 27, 2018, in subpart G of this part; and accomplish the requirements in appendix D to part 141, section 4: (iv) The crewmember training paragraph (c)(1) of this section in an ■ a. Revise paragraphs (b)(1)(ii) and requirements for second in command in approved FSTD, or a combination of (b)(2)(ii); and subpart H of this part. aircraft and FSTD, provided: ■ b. Amend paragraphs (b)(3)(i) and (4) The pilot assigned to serve as pilot (i) The FSTD represents the category (b)(4)(i) by removing the words ‘‘flight in command satisfies the following of aircraft for the instrument rating simulator’’ and adding in their place the requirements: privileges to be maintained; words ‘‘full flight simulator’’.

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The revisions read as follows: be appropriate to land or sea for the rating Appendix I to Part 141—[Amended] sought; Appendix D to Part 141—Commercial ■ 47. In appendix I to part 141, section Pilot Certification Course * * * * * 4, redesignate the second paragraph (2) * * * (k)(2)(iv) as paragraph (k)(2)(v). * * * * * (ii) 10 hours of training in a multiengine 4. * * * complex or turbine-powered airplane, or any Issued in Washington, DC, under the (b) * * * combination thereof; authority of 49 U.S.C. 106(f), 44701(a)(5), and (1) * * * 44703(a), on June 6, 2018. * * * * * (ii) Ten hours of training in a complex Daniel K. Elwell, airplane, a turbine-powered airplane, or a technically advanced airplane that meets the Acting Administrator. requirements of § 61.129(j) of this chapter, or [FR Doc. 2018–12800 Filed 6–26–18; 8:45 am] any combination thereof. The airplane must BILLING CODE 4910–13–P

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Reader Aids Federal Register Vol. 83, No. 124 Wednesday, June 27, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

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. 319...... 25547 Presidential Documents 3 CFR 400...... 25361 Executive orders and proclamations 741–6000 Proclamations: 900...... 27681 The United States Government Manual 741–6000 9704 (Amended by 932...... 28521 Proc. 9758) ...... 25849 Other Services 981...... 28523 9705 (Amended by 1051...... 26547 741–6020 Electronic and on-line services (voice) Proc. 9759) ...... 25857 1200...... 27681 Privacy Act Compilation 741–6050 9710 (Amended by 1216...... 27683 Public Laws Update Service (numbers, dates, etc.) 741–6043 Proc. 9758) ...... 25849 Proposed Rules: 9711 (Amended by Subtitle A ...... 28550 Proc. 9759) ...... 25857 ELECTRONIC RESEARCH Subtitle B ...... 28550 9739 (Amended by 1...... 26865 World Wide Web Proc. 9758) ...... 25849 66...... 28547 9740 (Amended by 301...... 29465 Full text of the daily Federal Register, CFR and other publications Proc. 9759) ...... 25857 319...... 27918 is located at: www.fdsys.gov. 9756...... 25327 3555...... 28547 Federal Register information and research tools, including Public 9757...... 25545 9758...... 25849 Inspection List, indexes, and Code of Federal Regulations are 8 CFR located at: www.ofr.gov. 9759...... 25857 9760...... 25879 Proposed Rules: E-mail 9761...... 26197 103...... 25951 9762...... 26199 FEDREGTOC (Daily Federal Register Table of Contents Electronic 9763...... 26201 9 CFR Mailing List) is an open e-mail service that provides subscribers 9764...... 27887 1...... 25549 with a digital form of the Federal Register Table of Contents. The 9765...... 28967 digital form of the Federal Register Table of Contents includes 2...... 25549 Executive Orders: HTML and PDF links to the full text of each document. 3...... 25549 13547 (Revoked by 145...... 28351 To join or leave, go to https://public.govdelivery.com/accounts/ 13840) ...... 29431 146...... 28351 USGPOOFR/subscriber/new, enter your email address, then 13836...... 25329 147...... 28351 follow the instructions to join, leave, or manage your 13837...... 25335 subscription. Proposed Rules: 13838...... 25341 Ch. I ...... 28550 PENS (Public Law Electronic Notification Service) is an e-mail 13839...... 25343 Ch. II ...... 28550 service that notifies subscribers of recently enacted laws. 13840...... 29431 Ch. III ...... 28550 13841...... 29435 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html and select Join or leave the list (or change settings); then follow Administrative Orders: 10 CFR Memorandums: the instructions. Memorandum of May Ch. I ...... 29437 FEDREGTOC and PENS are mailing lists only. We cannot 16, 2018 ...... 28761 170...... 29622 respond to specific inquiries. Space Policy Directive 171...... 29622 Reference questions. Send questions and comments about the 3 of June 18, 745...... 28497 Federal Register system to: [email protected] 2018 ...... 28969 Proposed Rules: Notices: Ch. I ...... 26611 The Federal Register staff cannot interpret specific documents or Notice of June 8, 431...... 29048 regulations. 2018 ...... 27287 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Notice of June 22, 11 CFR longer appears in the Federal Register. This information can be 2018 ...... 29661 Proposed Rules: found online at http://bookstore.gpo.gov/. Notice of June 22, 100...... 29056 2018 ...... 29663 110...... 29056 FEDERAL REGISTER PAGES AND DATE, JUNE Presidential Determinations: 12 CFR 25327–25544...... 1 28351–28520...... 19 No. 2018–08 of May 25545–25848...... 4 28521–28760...... 20 14, 2018 ...... 26345 12...... 26347 151...... 26347 25849–26202...... 5 28761–28976...... 21 6 CFR 201...... 28526 26203–26346...... 6 28977–29434...... 22 Ch. I ...... 30031 204...... 28527 26347–26546...... 7 29435–29664...... 25 46...... 28497 344...... 26347 26547–26832...... 8 29665–30030...... 26 611...... 27486 26833–27286...... 11 30031–30284...... 27 7 CFR 615...... 27486 27287–27504...... 12 1c ...... 28497 702...... 25881 27505–27680...... 13 51...... 27289 723...... 25881 27681–27888...... 14 52...... 27289 Proposed Rules: 27889–28150...... 15 210...... 25349 612...... 27922 28151–28350...... 18 225...... 25349 701...... 25583

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13 CFR 201...... 25365 26 CFR 668...... 28177 Proposed Rules: 230...... 29158 1...... 26580 239...... 29158 36 CFR 107...... 26874, 26875 Proposed Rules: 240...... 29158 1...... 26594 1...... 27302, 28397 14 CFR 249...... 29158 4...... 26594 270...... 29158 301...... 29716 1...... 30232 274...... 29158 37 CFR 11...... 28528 29 CFR 202...... 25375 25...... 25361 Proposed Rules: 21...... 28497 1...... 27444 39 ...... 25363, 25556, 25882, 825...... 30035 Proposed Rules: 210...... 26891 201 ...... 26229, 28178, 28789 25885, 25891, 25894, 25898, 1614...... 30035 229...... 26891 26349, 26352, 26556, 26559, 202...... 28178, 28179 230...... 26788, 26891 1910...... 30035 26564, 26833, 26836, 27889, 232...... 26891 2510...... 28912 38 CFR 27891, 28151, 28528, 28763, 4022...... 27898 240...... 26891 16...... 28497 29665 4044...... 27898 242...... 26788 17...... 25915, 29447 60...... 30232 270...... 26788, 26891 Proposed Rules: 61...... 30232 274...... 26891 1910...... 25536 39 CFR 63...... 30232 1926...... 28562 Proposed Rules: 65...... 30232 18 CFR 30 CFR 265...... 27933 71 ...... 25558, 25901, 25902, 40...... 27505 266...... 27933 25904, 25905, 26203, 26566, 401...... 26354 901...... 28996 3050...... 26392, 27523 26568, 26838, 26839, 28356, 420...... 26354 Proposed Rules: 28977, 28978, 28980, 30031, 56...... 29716 40 CFR 19 CFR 30032 75...... 29716 26...... 28497 73 ...... 28981, 30033, 30034 12...... 27380 35...... 29691 31 CFR 91...... 30232 113...... 27380 52 ...... 25375, 25378, 25920, 95...... 29667 122...... 27380 592...... 28370 25922, 26221, 26222, 26596, 97 ...... 25907, 25909, 27686, 141...... 27380 Proposed Rules: 26597, 26598, 26599, 27901, 27688 178...... 27380 34...... 28563 27910, 28157, 28382, 28543, 121...... 30232 192...... 27380 29449, 29451, 29455, 29694, 135...... 30232 32 CFR 20 CFR 29696, 29698, 30048 141...... 30232 65...... 26840 55...... 30050 404...... 28992 404...... 28528 149...... 27704 60...... 25382, 25936 416...... 28992 405...... 28528 206...... 30036 61...... 25382, 25936 431...... 28497 420...... 28528 219...... 28497 62...... 26599, 29458 725...... 27690 431...... 28528 287...... 27290 63...... 25382, 25936 435...... 28528 Proposed Rules: 290...... 26840 70...... 26599 401...... 27728 437...... 28528 538...... 26841 81 ...... 25390, 25776, 28543 460...... 28528 21 CFR 706...... 26210, 28375 170...... 29013 1230...... 28497 736...... 29001 180 ...... 25936, 25944, 26369, 74...... 26356 Proposed Rules: 806...... 26361 27711, 29014, 29017, 29023, 101...... 27894 29...... 26225, 26226 29028, 29033, 29702 31...... 29472 862...... 25910 33 CFR 866 ...... 25910, 27699, 28994 228...... 29706 39 ...... 25405, 25408, 25410, 100 ...... 25366, 25561, 25563, 876 ...... 25910, 27702, 27895 372...... 27291 25412, 25415, 25417, 25419, 26361, 29438 878...... 26575 713...... 30054 25587, 25590, 25595, 26381, 117 ...... 25369, 25370, 25566, 880...... 25910 Proposed Rules: 26383, 26387, 26389, 26877, 26364, 26365, 26593, 26841, 884...... 25910 Ch. 1 ...... 27524 26880, 26882, 26884, 26887, 27704, 28153, 28154, 29001, 888...... 26577 26...... 28401 27718, 27721, 27724, 28171, 29438, 29440, 30036 Proposed Rules: 50...... 26752 28551, 28553, 28558, 29056, 155...... 26212 52 ...... 25604, 25608, 25615, 29059, 29061, 29474, 29476, 3...... 26392 165 ...... 25370, 25371, 25373, 892...... 25598 25617, 25975, 25977, 25979, 29479 25566, 25568, 25570, 25575, 1100...... 26617, 26618 25981, 26912, 27732, 27734, 71 ...... 25967, 25969, 25971, 25577, 25579, 26365, 26367, 1130...... 26619 27738, 27936, 27937, 27938, 25973, 26612, 26889, 29064, 26842, 26844, 27290, 27511, 1140...... 26617, 26618 28179, 28402, 28568, 28577, 29065, 29066 27513, 27704, 27706, 27707, 1143...... 26617, 26618 28582, 28789, 29483, 29486, 27709, 27899, 28154, 28155, 15 CFR 1308...... 27520 29723, 29727 28376, 28378, 28379, 28538, 55...... 28795 27...... 28497 22 CFR 28539, 28541, 28766, 28770, 60...... 28068 744...... 26204 225...... 28497 28771, 29002, 29003, 29005, 62...... 25633, 25983 748...... 25559 29007, 29011, 29440, 29442, 63...... 29085 23 CFR 29444, 29446, 29682, 29684, 80...... 27740 16 CFR Proposed Rules: 29686, 29687, 29689, 30039, 81 ...... 25422, 28402, 29486 1028...... 28497 635...... 29713 30041, 30044, 30046 151...... 29499 1112...... 28358, 29672 Proposed Rules: 180...... 27743, 27744 1220...... 26206 24 CFR 100...... 28173, 30089 271 ...... 25986, 26917, 29520 1231...... 28358 1...... 26359 105...... 29067 272...... 25986 1235...... 29672 8...... 26359 110...... 27932, 29081 300 ...... 25635, 28586, 29731 1252...... 28983 16...... 26359 117...... 27730, 28785 721...... 26922 Proposed Rules: 40...... 26359 165 ...... 28175, 28787, 29719, 1500...... 28591 Ch. II ...... 26228 60...... 28497 29721 1501...... 28591 1112...... 28390 1502...... 28591 Proposed Rules: 34 CFR 1238...... 28390 100...... 28560 1503...... 28591 97...... 28497 1504...... 28591 17 CFR 25 CFR 668...... 28543 1505...... 28591 49...... 27410 Proposed Rules: Proposed Rules: 1506...... 28591 200...... 25365, 29158 543...... 26620 Ch. III ...... 28566 1507...... 28591

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1508...... 28591 143...... 28592 Proposed Rules: 1804...... 28386 144...... 28592 67...... 27745, 27746 1815...... 28386 41 CFR 145...... 28592 1827...... 29039 45 CFR 300–3...... 30077 146...... 28592 1843...... 29040 301–11...... 30077 147...... 28592 46...... 28497 1852 ...... 28386, 29039, 29040 Ch. 301 App. B...... 30077 148...... 28592 690...... 28497 Proposed Rules: Ch. 301 App. D...... 30077 149...... 28592 15...... 27303 302–9...... 30077 150...... 28592 46 CFR 3019...... 25638 302–11...... 30077 151...... 28592 401...... 26162 3052...... 25638 Proposed Rules: 152...... 28592 404...... 26162 105...... 28592 153...... 28592 Proposed Rules: 106...... 28592 154...... 28592 10...... 26933 49 CFR 155...... 28592 107...... 28592 11...... 26933 11...... 28497 108...... 28592 156...... 28592 15...... 26933 172...... 28162 109...... 28592 157...... 28592 173...... 28162 110...... 28592 158...... 28592 47 CFR 159...... 28592 180...... 28162 111...... 28592 2...... 29710 160...... 28592 373...... 26374 112...... 28592 54...... 27515 113...... 28592 383...... 28774 42 CFR 64...... 30082 384...... 28774 114...... 28592 73...... 25949 115...... 28592 5a...... 30079 390...... 26846 90...... 29710 116...... 28592 10...... 25943 391...... 26846, 28774 300...... 28161 117...... 28592 23...... 30080 395...... 26374, 26377 Proposed Rules: 118...... 28592 130...... 30081 Proposed Rules: 1...... 26396, 27846 119...... 28592 405...... 27912 Ch. III ...... 26942 120...... 28592 414...... 25947 27...... 26396 121...... 28592 417...... 27912 54 ...... 27528, 27746, 30091 122...... 28592 422...... 27912 64...... 27746, 30091 50 CFR 123...... 28592 423...... 27912 73...... 27537 17...... 25392 124...... 28592 460...... 27912 74...... 26229 20...... 25738 125...... 28592 498...... 27912 48 CFR 216...... 29460 126...... 28592 510...... 26604 622 ...... 27297, 27300, 28169, 127...... 28592 Proposed Rules: Ch. 1...... 28140, 28149 28387, 29041, 29044 1...... 28141, 28145 128...... 28592 2...... 29736 648 ...... 27713, 28388, 28545 4...... 28141 129...... 28592 10...... 29736 655...... 27716 9...... 28145 130...... 28592 12...... 29736 660 ...... 25581, 28783, 29461 12...... 28145 131...... 28592 13...... 29736 679 ...... 27518, 28169, 29463 132...... 28592 18...... 29736 13...... 28141, 28145 133...... 28592 26...... 29736 39...... 28141 Proposed Rules: 134...... 28592 59...... 25502 52...... 28141, 28145 17...... 26623, 30091 135...... 28592 411...... 29524 222...... 26846 20...... 27836 136...... 28592 412...... 28603 237...... 26846 217...... 29212 137...... 28592 413...... 28603 252...... 26846 218...... 29872 138...... 28592 424...... 28603 1519...... 28772 300...... 27305 139...... 28592 495...... 28603 1552...... 28772 622...... 28797 140...... 28592 1801...... 28386 660...... 26640 141...... 28592 44 CFR 1802...... 29038 679...... 26237, 28604 142...... 28592 64...... 27915 1803...... 28386 697...... 27747

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Superintendent of Documents, Veterans Affairs in listserv.gsa.gov/archives/ U.S. Government Publishing Tallahassee, Florida, as the publaws-l.html LIST OF PUBLIC LAWS Office, Washington, DC 20402 Sergeant Ernest I. ‘‘Boots’’ (phone, 202–512–1808). The Thomas VA Clinic, and for Note: This service is strictly This is a continuing list of text will also be made other purposes. (June 25, public bills from the current available on the Internet from 2018; 132 Stat. 1505) for E-mail notification of new session of Congress which GPO’s Federal Digital System Last List June 26, 2018 laws. The text of laws is not have become Federal laws. (FDsys) at http://www.gpo.gov/ available through this service. This list is also available fdsys. Some laws may not yet PENS cannot respond to online at http:// be available. Public Laws Electronic specific inquiries sent to this www.archives.gov/federal- S. 1869/P.L. 115–192 Notification Service address. register/laws. Whistleblower Protection (PENS) The text of laws is not Coordination Act (June 25, published in the Federal 2018; 132 Stat. 1502) PENS is a free electronic mail Register but may be ordered S. 2246/P.L. 115–193 notification service of newly in ‘‘slip law’’ (individual To designate the health care enacted public laws. To pamphlet) form from the center of the Department of subscribe, go to http://

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