Vol. 83 Thursday, No. 71 April 12, 2018 Pages 15727–15936

Vol. 83 Thursday, No. 71 April 12, 2018

Pages 15727–15936

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 19:29 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\12APWS.LOC 12APWS sradovich on DSK3GMQ082PROD with FRONT MATTER WS II Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Email [email protected] Federal Register the day before they are published, unless the Phone 202–741–6000 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge at www.fdsys.gov, a service of the U.S. Government Publishing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, 1 (January 2, 1994) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 83 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

VerDate Sep 11 2014 19:29 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\12APWS.LOC 12APWS sradovich on DSK3GMQ082PROD with FRONT MATTER WS III

Contents Federal Register Vol. 83, No. 71

Thursday, April 12, 2018

Agriculture Department Education Department See Animal and Plant Health Inspection Service NOTICES NOTICES Privacy Act; Systems of Records, 15821–15823 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15784–15785 Energy Department Meetings: See Federal Energy Regulatory Commission Codex Alimentarius Commission, 15785–15786 Environmental Protection Agency Alcohol, Tobacco, Firearms, and Explosives Bureau RULES Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Agency Information Collection Activities; Proposals, Alaska; Regional Haze Progress Report, 15746–15748 Submissions, and Approvals: Illinois; Regional Haze Progress Report, 15744–15746 Report of Multiple Sale or Other Disposition of Pistols Pesticide Tolerances: and Revolvers, 15868–15869 Clethodim, 15748–15753 NOTICES Animal and Plant Health Inspection Service Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Branding Requirements for Bovines Imported Into the Voluntary Natural Gas STAR Methane Challenge United States from Mexico, 15756–15758 Program, 15835–15836 Funding Availability: Centers for Disease Control and Prevention Applications for Credit Assistance under the Water NOTICES Infrastructure Finance and Innovation Act Program, Agency Information Collection Activities; Proposals, 15828–15833 Submissions, and Approvals, 15839–15842 Meetings: Draft National Occupational Research Agenda for Public Environmental Modeling, 15836–15837 Safety, 15838–15839 Pesticide Product Registrations: Applications for New Uses, 15834–15835 Children and Families Administration New Active Ingredients, 15833–15834 NOTICES Federal Aviation Administration Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 15842–15843 Airworthiness Directives: Agency Information Collection Activities; Proposals, Austro Engine GmbH Engines, 15733–15736 Submissions, and Approvals: Safran Helicopter Engines, S.A., Turboshaft Engines, Tribal Maternal, Infant, and Early Childhood Home 15731–15733 Visiting Program; Guidance for Submitting an NOTICES Annual or Final Report to the Secretary, 15843– Meetings: 15844 Fifteenth RTCA SC–229 406 MHz ELT Joint Plenary with EUROCAE Working Group 98, 15894 Civil Rights Commission Fifth RTCA SC–236 Wireless Airborne Intra NOTICES Communications (WAIC) Joint Plenary with Meetings; Sunshine Act, 15786 EUROCAE Working Group 96, 15894–15895 Thirty Third RTCA SC–217 Aeronautical Databases Joint Coast Guard Plenary with EUROCAE Working Group 44, 15895– RULES 15896 Drawbridge Operations: Petitions for Exemptions; Summaries: Carquinez Strait, between Benicia and Martinez, CA, Cruiser Aircraft, Inc., 15893 15743 Embraer Executive Aircraft, Inc., 15893–15894 Sloop Channel, Nassau, NY, 15743 FlightScan Corp., 15892–15893 Special Local Regulations: Turtles Fly Too, Inc., 15895 Marine Events within the Captain of the Port Zone Federal Communications Commission Columbia River, 15741–15742 RULES Frequency Allocations and Radio Treaty Matters; CFR Commerce Department Correction, 15754 See International Trade Administration See National Oceanic and Atmospheric Administration Federal Emergency Management Agency NOTICES Defense Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings: FEMA Preparedness Grants: Transit Security Grant Strategic Command Strategic Advisory Group, 15821 Program, 15863–15864

VerDate Sep<11>2014 19:55 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\12APCN.SGM 12APCN sradovich on DSK3GMQ082PROD with FRONT MATTER CN IV Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Contents

Emergency Declarations: NOTICES California; Amendment No. 1, 15863 Agency Information Collection Activities; Proposals, Florida; Amendment No. 2, 15857 Submissions, and Approvals, 15852–15854 Flood Hazard Determinations; Changes, 15857–15863 Findings of Research Misconduct, 15851–15852 Major Disaster Declarations: Florida; Amendment No. 15, 15864 Health Resources and Services Administration Seminole Tribe of Florida; Amendment No. 2, 15864– NOTICES 15865 Meetings: National Advisory Council on Migrant Health, 15851 Federal Energy Regulatory Commission Homeland Security Department NOTICES Agency Information Collection Activities; Proposals, See Coast Guard Submissions, and Approvals, 15824–15826 See Federal Emergency Management Agency Institution of Section 206 Proceedings: See U.S. Customs and Border Protection Ontelaunee Power Operating Co., LLC, et al., 15826– See U.S. Immigration and Customs Enforcement NOTICES 15827 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Atmos Pipeline-Texas; Technical Conference, 15823– Department of Homeland Security, Science and 15824 Technology, Research and Development Partnerships Permit Applications: Group, Office of Public-Private Partnerships, 15865 Nushagak Cooperative, Inc., 15826 Staff Attendances, 15827–15828 Interior Department Terminations of Proceedings: See Fish and Wildlife Service Avocent Corp., 15827 See Land Management Bureau Fluke Corp., 15827 See National Park Service Tektronix, Inc., 15826 Internal Revenue Service Fish and Wildlife Service NOTICES PROPOSED RULES Applications: Endangered and Threatened Species: Community Volunteer Income Tax Assistance Matching Endangered Status for the Island Marble Butterfly and Grant Program; Federal Financial Assistance, 15897 Designation of Critical Habitat, 15900–15936 Tax Counseling for the Elderly Program, 15897 Removing the Kirtland’s Warbler from the Federal List of Nonconventional Source Production Credit Reference Price Endangered and Threatened Wildlife, 15758–15780 for Calendar Year 2017, 15897 Food and Drug Administration International Trade Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Antidumping or Countervailing Duty Investigations, Orders, Submissions, and Approvals: or Reviews: Food Allergen Labeling and Reporting, 15848–15850 Carbazole Violet Pigment 23 from India, 15788–15789 Guidance for Industry on Formal Dispute Resolution; Rubber Bands from Thailand and the People’s Republic Scientific and Technical Issues Related to of China, 15789–15790 Pharmaceutical Current Good Manufacturing Stainless Steel Flanges from the People’s Republic of Practice, 15845–15846 China, 15790–15791 Notification of the Intent to Use an Accredited Person Requests for Comments: Under the Accredited Persons Inspection Program, Strategy to Address Trade-Related Forced Localization 15846 Barriers Impacting the U.S. ICT Hardware Guidance: Manufacturing Industry, 15786–15788 Expansion of the Abbreviated 510(k) Program; Demonstrating Substantial Equivalence Through International Trade Commission Performance Criteria, 15847–15848 NOTICES Meetings: Complaints: Reagan-Udall Foundation, 15844–15845 Certain Radio Frequency Micro-Needle Dermatological Treatment Devices and Components Thereof, 15867– Government Ethics Office 15868 NOTICES Agency Information Collection Activities; Proposals, Joint Board for Enrollment of Actuaries Submissions, and Approvals: NOTICES Fast Track Generic Clearance for the Collection of Meetings: Qualitative Feedback on Agency Service Delivery, Advisory Committee, 15868 15837–15838 Justice Department Health and Human Services Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Centers for Disease Control and Prevention See Justice Programs Office See Children and Families Administration See Prisons Bureau See Food and Drug Administration NOTICES See Health Resources and Services Administration Proposed Consent Decrees under the Clean Water Act, See National Institutes of Health 15869–15870

VerDate Sep<11>2014 19:55 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\12APCN.SGM 12APCN sradovich on DSK3GMQ082PROD with FRONT MATTER CN Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Contents V

Justice Programs Office National Park Service NOTICES NOTICES Agency Information Collection Activities; Proposals, National Register of Historic Places: Submissions, and Approvals: Pending Nominations and Related Actions, 15866–15867 2018 Police Public Contact Survey, 15870 Nuclear Regulatory Commission Labor Department NOTICES Meetings; Sunshine Act, 15879 See Mine Safety and Health Administration Personnel Management Office Land Management Bureau NOTICES NOTICES Agency Information Collection Activities; Proposals, Requests for Nominations: Submissions, and Approvals: North Slope Science Initiative, Science Technical Representative Payee Survey, 15879–15880 Advisory Panel, Alaska, 15865–15866 Postal Regulatory Commission Maritime Administration NOTICES New Postal Product, 15880 NOTICES Requests for Nominations: Presidential Documents U.S. Maritime Transportation System National Advisory PROCLAMATIONS Committee, 15896–15897 Special Observances: National Crime Victims’ Rights Week (Proc. 9721), Mine Safety and Health Administration 15727–15728 NOTICES National Former Prisoner of War Recognition Day (Proc. Agency Information Collection Activities; Proposals, 9722), 15729–15730 Submissions, and Approvals: Mine Mapping and Records of Opening, Closing, and Prisons Bureau Reopening of Mines, 15875–15876 NOTICES Petitions for Modifications: Records of Decisions: Application of Existing Mandatory Safety Standards, Proposed United States Penitentiary and Federal Prison 15876–15879 Camp; Letcher County, KY, 15870–15875 Securities and Exchange Commission National Institutes of Health NOTICES NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Meetings: Nasdaq ISE, LLC, 15881–15883 Center for Scientific Review, 15855 Nasdaq PHLX LLC, 15889–15890 National Institute of Allergy and Infectious Diseases, The Nasdaq Stock Market LLC, 15883–15889 15856 The NASDAQ Stock Market LLC, 15880–15881 National Institute of Dental and Craniofacial Research, 15854–15855 Small Business Administration National Institute of Diabetes and Digestive and Kidney NOTICES Diseases, 15854 Disaster Declarations: National Institute of Environmental Health Sciences, California, 15891 15855 Michigan, 15890–15891 National Institute on Aging, 15855–15856 State Department National Oceanic and Atmospheric Administration RULES RULES Repeal of Benefits for Hostages in Iraq, Kuwait, or Lebanon, Fisheries of the Exclusive Economic Zone Off Alaska: 15740–15741 Sablefish in Central Regulatory Area of Gulf of Alaska, Surface Transportation Board 15755 NOTICES Fisheries of the Northeastern United States: Meetings: Northeast Skate Complex; Inseason Adjustment to Skate Rail Energy Transportation Advisory Committee, 15891– Wing Possession Limit, 15754–15755 15892 PROPOSED RULES Fisheries of the Northeastern United States: Trade Representative, Office of United States 2018–2020 Small-Mesh Multispecies Specifications, NOTICES 15780–15783 List of Countries Denying Fair Market Opportunities for NOTICES Government-Funded Airport Construction Projects, Applications for Exempted Fishing Permits, 15791–15795 15892 Magnuson-Stevens Act Provisions: General Provisions for Domestic Fisheries; Application Transportation Department for Exempted Fishing Permits, 15820–15821 See Federal Aviation Administration Takes of Marine Mammals: See Maritime Administration Incidental to Demolition and Reuse of the Original East Span of the San Francisco-Oakland Bay Bridge, Treasury Department 15795–15820 See Internal Revenue Service

VerDate Sep<11>2014 19:55 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\12APCN.SGM 12APCN sradovich on DSK3GMQ082PROD with FRONT MATTER CN VI Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Contents

NOTICES United States Institute of Peace Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 15897–15898 Meetings: United States Institute of Peace Board, 15898 U.S. Customs and Border Protection RULES Separate Parts In This Issue Definition of Importer Security Filing Importer, 15736– 15740 Part II NOTICES Interior Department, Fish and Wildlife Service, 15900– Program for the Private Sector to Participate in Trade- 15936 Related Training of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement Personnel; Correction, 15856 Reader Aids Consult the Reader Aids section at the end of this issue for U.S. Immigration and Customs Enforcement phone numbers, online resources, finding aids, and notice NOTICES of recently enacted public laws. Program for the Private Sector to Participate in Trade- To subscribe to the Federal Register Table of Contents Related Training of U.S. Customs and Border electronic mailing list, go to https://public.govdelivery.com/ Protection and U.S. Immigration and Customs accounts/USGPOOFR/subscriber/new, enter your e-mail Enforcement Personnel; Correction, 15856 address, then follow the instructions to join, leave, or manage your subscription.

VerDate Sep<11>2014 19:55 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\12APCN.SGM 12APCN sradovich on DSK3GMQ082PROD with FRONT MATTER CN Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 9721...... 15727 9722...... 15729 9 CFR Proposed Rules: 93...... 15756 14 CFR 39 (2 documents) ...... 15731, 15733 19 CFR 149...... 15736 22 CFR 193...... 15740 33 CFR 100...... 15741 117 (2 documents) ...... 15743 40 CFR 52 (2 documents) ...... 15744, 15746 180...... 15748 47 CFR 2...... 15754 50 CFR 648...... 15754 679...... 15755 Proposed Rules: 17 (2 documents) ...... 15758, 15900 648...... 15780

VerDate Sep 11 2014 19:22 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\12APLS.LOC 12APLS sradovich on DSK3GMQ082PROD with FRONT MATTER LS 15727

Federal Register Presidential Documents Vol. 83, No. 71

Thursday, April 12, 2018

Title 3— Proclamation 9721 of April 6, 2018

The President National Crime Victims’ Rights Week, 2018

By the President of the United States of America

A Proclamation Year after year, millions of violent and property crimes occur in the United States. Each of these crimes has a victim. These victims can be left with serious physical and emotional wounds, and often with long-lasting, significant financial challenges. Even when victims receive assistance in the aftermath of these crimes, they may live in perpetual fear for their safety or continue to suffer ongoing financial setbacks. During National Crime Victims’ Rights Week, we renew our determination to hold criminals accountable for their actions and to reassure all crime victims that they are not alone. Across our Nation, thousands of dedicated advocates, healthcare professionals, private citizens, and criminal justice personnel strive to help victims as they move toward recovery and return to their lives. The Department of Justice (DOJ), through its Office for Victims of Crime (OVC), supports thousands of these local victim assistance programs. These programs provide many services, including mental health counseling and real-time crisis assistance, such as temporary housing, transportation, and civil legal assistance. OVC also supports State crime victim compensation programs, which help reimburse victims for medical, mental health, funeral, burial, and other expenses resulting from their experiences as victims of crime. Yet, according to the National Crime Victimization Survey, only 42 percent of the victims of violent crime report the offense to police, and only 12 percent of victims of serious violence received services to assist them in the aftermath. Appro- priate victim services from trained and qualified providers can transform lives. All those who diligently endeavor to console, heal, and support victims of crime deserve our gratitude and continued support. My Administration will continue to take a strong stance against crime in the United States. For example, DOJ’s Project Safe Neighborhoods initiative has helped coordinate our efforts with State and local jurisdictions to restore public safety to our communities. In addition, earlier this year, I signed the SAFER Act of 2017, which strengthens and reauthorizes efforts to eliminate the nationwide rape kit backlog. If we can prosecute violent crimes more quickly and efficiently, we can help the victims of crime overcome their experiences and prevent others from suffering in the future. This week, we reaffirm our commitment to alleviate the burdens of crime victims, support those who serve these victims, and reduce the number of future victims by assisting law enforcement to keep our communities safe. Together, we can ensure a safe and prosperous future for all Americans. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 8 through 14, 2018, as National Crime Victims’ Rights Week. I urge all Americans, families, law enforcement, community and faith-based organizations, and private organizations to work together to support victims of crime and protect their rights.

VerDate Sep<11>2014 15:37 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\12APD0.SGM 12APD0 sradovich on DSK3GMQ082PROD with PRES DOCS 15728 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of April, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-second.

[FR Doc. 2018–07758 Filed 4–11–18; 8:45 am] Billing code 3295–F8–P

VerDate Sep<11>2014 15:37 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\12APD0.SGM 12APD0 sradovich on DSK3GMQ082PROD with PRES DOCS Trump.EPS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Presidential Documents 15729 Presidential Documents

Proclamation 9722 of April 6, 2018

National Former Prisoner of War Recognition Day, 2018

By the President of the United States of America

A Proclamation Since the days of the American Revolution, brave men and women have selflessly answered the call to protect and defend our great Nation. During the conflicts of the past two centuries, more than 500,000 United States service members have been captured and held as prisoners of war (POWs). National Former Prisoner of War Recognition Day honors these American patriots, who each paid an extraordinary price to help preserve our liberty. This year commemorates several significant military anniversaries, including the centennial observance of the Armistice that ended World War I, the 75th anniversary of the Battle of Kasserine Pass in World War II, the 65th anniversary of the Korean Armistice Agreement, the 50th anniversary of the Vietnam War’s Tet Offensive, and the 25th anniversary of the Battle of Mogadishu. Enemy forces captured and imprisoned American service members during each of these conflicts. During these battles, as with those throughout our Nation’s history, military personnel carried out their missions undaunted by risk of capture or loss of life, because of their love for each other and their devotion to the principles of duty, honor, and justice. On this day, we pay homage to the courageous warriors who endured time in enemy hands and returned with honor to their families. During their capture, they faced loneliness, torture, hardship, separation from loved ones, and uncertainty about the future. In spite of unimaginable tribulations, these patriots persevered and survived. They are American heroes. Former POWs remain actively engaged in communities throughout our country. Their efforts help fellow veterans and their families cope with life after military service. In addition, their stories are a source of inspiration for current and future generations. Former POWs and loved ones of military personnel who have not returned from past conflicts share a unique connection. Few people can comprehend the emotional toll, the loss, and the pain of uncertainty the families of the fallen or captured endure better than former POWs. Their encouragement, understanding, and outreach helps ensure that their fallen and unaccounted-for comrades are not forgotten. As President, I remain committed to honoring and caring for former POWs. They have persevered through the harshest of conditions and, thankfully, have returned home to their loving families and a grateful Nation. They deserve our utmost reverence and respect. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 9, 2018, as National Former Prisoner of War Recognition Day. I call upon Americans to observe this day by honoring the service and sacrifice of all our former prisoners of war and to express our Nation’s eternal gratitude for their sacrifice. I also call upon Federal, State, and local government officials and organizations to observe this day with appropriate ceremonies and activities.

VerDate Sep<11>2014 15:38 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\12APD1.SGM 12APD1 sradovich on DSK3GMQ082PROD with PRES DOCS 15730 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Presidential Documents

[FR Doc. 2018–07775 Filed 4–11–18; 8:45 am] Billing code 3295–F8–P

VerDate Sep<11>2014 15:38 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\12APD1.SGM 12APD1 sradovich on DSK3GMQ082PROD with PRES DOCS Trump.EPS 15731

Rules and Regulations Federal Register Vol. 83, No. 71

Thursday, April 12, 2018

This section of the FEDERAL REGISTER Room W12–140, 1200 New Jersey the exhaust pipe. Both engines were shut contains regulatory documents having general Avenue SE, Washington, DC 20590 down without further occurrences. applicability and legal effect, most of which • Hand Delivery: U.S. Department of Investigations at Safran Helicopter Engines are keyed to and codified in the Code of Transportation, Docket Operations, revealed that missing dampers on the PTW Federal Regulations, which is published under M–30, West Building Ground Floor, assembly caused rupture of PTW blades. 50 titles pursuant to 44 U.S.C. 1510. Room W12–140, 1200 New Jersey Further investigations identified a batch of potentially affected PTW. The Code of Federal Regulations is sold by Avenue SE, Washington, DC 20590, The dampers on the PTW blades reduce the Superintendent of Documents. between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. the mechanical stress exerted on the blades. For service information identified in With no dampers, mechanical stress on the DEPARTMENT OF TRANSPORTATION this final rule, contact Safran Helicopter blades can exceed the vibratory fatigue limit, eventually leading to rupture of the blades. Engines, S.A., 40220 Tarnos, France; Federal Aviation Administration This condition, if not corrected, could lead phone: (33) 05 59 74 40 00; fax: (33) 05 to In Flight Shut Down and release of low 59 74 45 15. You may view this service 14 CFR Part 39 energy debris through exhaust pipe, information at the FAA, Engine & potentially resulting in forced landing, [Docket No. FAA–2018–0184; Product Propeller Standards Branch, 1200 damage to the helicopter and injury to Identifier 2018–NE–07–AD; Amendment 39– District Avenue, Burlington, MA 01803. occupants. 19248; AD 2018–07–17] For information on the availability of To address this potential unsafe condition, RIN 2120–AA64 this material at the FAA, call 781–238– Safran Helicopter Engines issued the SB to 7759. It is also available on the internet provide instructions for inspection and PTW Airworthiness Directives; Safran at http://www.regulations.gov by replacement. Helicopter Engines, S.A., Turboshaft searching for and locating Docket No. For the reasons described above, this Engines FAA–2018–0184. [EASA] AD requires replacement of potentially affected PTWs with serviceable AGENCY: Federal Aviation Examining the AD Docket parts. Administration (FAA), DOT. You may examine the AD docket on You may obtain further information ACTION: Final rule; request for the internet at http:// comments. www.regulations.gov by searching for by examining the MCAI in the AD and locating Docket No. FAA–2018– docket on the internet at http:// SUMMARY: We are adopting a new 0184; or in person at Docket Operations www.regulations.gov by searching for airworthiness directive (AD) for certain between 9 a.m. and 5 p.m., Monday and locating Docket No. FAA–2018– Safran Helicopter Engines, S.A., Arrius through Friday, except Federal holidays. 0184. 2B1, 2B1A, 2B2, and 2K1 turboshaft The AD docket contains this final rule, Related Service Information Under 1 engines. This AD requires inspecting the the mandatory continuing airworthiness CFR Part 51 power turbine wheel (PTW) assembly information (MCAI), the regulatory and replacing the PTW if the turbine evaluation, any comments received, and We reviewed Safran Helicopter blade dampers are found missing. This other information. The street address for Engines Alert Mandatory Service AD was prompted by the manufacturer Docket Operations (phone: 800–647– Bulletin (MSB) No. A319 72 2854, reporting a number of PTW assemblies 5527) is listed above. Comments will be Version A, dated February 9, 2018. The may have been assembled without the available in the AD docket shortly after MSB describes procedures for replacing blade dampers. We are issuing this AD receipt. the PTW. This service information is to address the unsafe condition on these FOR FURTHER INFORMATION CONTACT: reasonably available because the products. Robert Green, Aerospace Engineer, ECO interested parties have access to it DATES: This AD becomes effective April Branch, FAA, 1200 District Avenue, through their normal course of business 27, 2018. Burlington, MA 01803; phone: 781– or by the means identified in the The Director of the Federal Register 238–7754; fax: 781–238–7199; email: ADDRESSES section. approved the incorporation by reference [email protected]. FAA’s Determination of a certain publication listed in this AD SUPPLEMENTARY INFORMATION: as of April 27, 2018. This product has been approved by We must receive comments on this Discussion France and is approved for operation in AD by May 29, 2018. The European Aviation Safety Agency the United States. Pursuant to our ADDRESSES: You may send comments, (EASA), which is the Technical Agent bilateral agreement with the European using the procedures found in 14 CFR for the Member States of the European Community, EASA has notified us of 11.43 and 11.45, by any of the following Community, has issued EASA AD 2018– the unsafe condition described in the methods: 0044, dated February 14, 2018 (referred MCAI and service information • Federal eRulemaking Portal: Go to to after this as the MCAI), to address an referenced above. We are issuing this http://www.regulations.gov. Follow the unsafe condition for the specified AD because we evaluated all the instructions for submitting comments. products. The MCAI states: relevant information provided by EASA • Fax: 202–493–2251. and determined the unsafe condition • During an ARRIUS 2B2 engine ground run Mail: U.S. Department of check, the ‘‘Degrade’’ indicator illuminated described previously is likely to exist or Transportation, Docket Operations, and unusual vibration occurred. At the same develop in other products of the same M–30, West Building Ground Floor, time, bluish smoke and debris came out of type design.

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES 15732 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

AD Requirements days. Therefore, we find good cause that comments on the overall regulatory, This AD requires inspecting the PTW notice and opportunity for prior public economic, environmental, and energy assembly and replacing the PTW if the comment are impracticable. In addition, aspects of this final rule. We will turbine blade dampers are found for the reason stated above, we find that consider all comments received by the missing. good cause exists for making this closing date and may amend this final amendment effective in less than 30 rule because of those comments. FAA’s Justification and Determination days. of the Effective Date We will post all comments we Comments Invited receive, without change, to http:// An unsafe condition exists that www.regulations.gov, including any requires the immediate adoption of this This AD is a final rule that involves personal information you provide. We AD without providing an opportunity requirements affecting flight safety and will also post a report summarizing each for public comments prior to adoption. was not preceded by notice and an substantive verbal contact we receive The FAA has found that the risk to the opportunity for public comment. about this final rule. flying public justifies waiving notice However, we invite you to send any and comment prior to adoption of this written data, views, or arguments about Costs of Compliance rule because the compliance time for the this final rule. Send your comments to action is less than the time required for an address listed under the ADDRESSES We estimate that this AD affects 46 public comment. EASA made a section. Include the docket number engines installed on helicopters of U.S. determination of an unsafe condition FAA–2018–0184 and Product Identifier registry. warranting regulatory action and 2018–NE–07–AD at the beginning of We estimate the following costs to compliance within 20 flight hours or 30 your comments. We specifically invite comply with this AD:

ESTIMATED COSTS

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

Records Search ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $3,910

We estimate the following costs to do be required based on the results of the of determining the number of aircraft any necessary replacements that would mandated inspection. We have no way that might need these replacements:

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

PTW replacement ...... 16 work-hours × $85 per hour = $1,360 ...... $16,500 $17,860

Authority for This Rulemaking In accordance with that order, issuance Procedures (44 FR 11034, February 26, Title 49 of the United States Code of ADs is normally a function of the 1979), specifies the FAA’s authority to issue Compliance and Airworthiness (3) Will not affect intrastate aviation rules on aviation safety. Subtitle I, Division, but during this transition in Alaska, and period, the Executive Director has section 106, describes the authority of (4) Will not have a significant the FAA Administrator. ‘‘Subtitle VII: delegated the authority to issue ADs applicable to engines, propellers, and economic impact, positive or negative, Aviation Programs,’’ describes in more on a substantial number of small entities detail the scope of the Agency’s associated appliances to Manager, Engine and Propeller Standards Branch, under the criteria of the Regulatory authority. Flexibility Act. We are issuing this rulemaking under Policy and Innovation Division. the authority described in Subtitle VII, Regulatory Findings List of Subjects in 14 CFR Part 39 Part A, Subpart III, Section 44701: Air transportation, Aircraft, Aviation ‘‘General requirements.’’ Under that This AD will not have federalism safety, Incorporation by reference, section, Congress charges the FAA with implications under Executive Order Safety. promoting safe flight of civil aircraft in 13132. This AD will not have a air commerce by prescribing regulations substantial direct effect on the States, on Adoption of the Amendment for practices, methods, and procedures the relationship between the national the Administrator finds necessary for government and the States, or on the Accordingly, under the authority safety in air commerce. This regulation distribution of power and delegated to me by the Administrator, is within the scope of that authority responsibilities among the various the FAA amends 14 CFR part 39 as because it addresses an unsafe condition levels of government. follows: that is likely to exist or develop on For the reasons discussed above, I PART 39—AIRWORTHINESS products identified in this rulemaking certify this AD: DIRECTIVES action. This AD is issued in accordance with (1) Is not a ‘‘significant regulatory authority delegated by the Executive action’’ under Executive Order 12866, ■ 1. The authority citation for part 39 Director, Aircraft Certification Service, (2) Is not a ‘‘significant rule’’ under continues to read as follows: as authorized by FAA Order 8000.51C. the DOT Regulatory Policies and Authority: 49 U.S.C. 106(g), 40113, 44701.

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations 15733

§ 39.13 [Amended] send it to the attention of the person DEPARTMENT OF TRANSPORTATION ■ 2. The FAA amends § 39.13 by adding identified in paragraph (j)(1) of this AD. You the following new airworthiness may email your request to: ANE-AD-AMOC@ Federal Aviation Administration directive (AD): faa.gov. (2) Before using any approved AMOC, 14 CFR Part 39 2018–07–17 Safran Helicopter Engines notify your appropriate principal inspector, [Docket No. FAA–2018–0153; Product (Type Certificate previously held by or lacking a principal inspector, the manager Turbomeca, S.A.): Amendment 39– Identifier 2018–NE–03–AD; Amendment 39– of the local flight standards district office/ 19248; Docket No. FAA–2018–0184; 19247; AD 2018–07–16] Product Identifier 2018–NE–07–AD. certificate holding district office. RIN 2120–AA64 (a) Effective Date (j) Related Information This AD is effective April 27, 2018. (1) For more information about this AD, Airworthiness Directives; Austro contact Robert Green, Aerospace Engineer, Engine GmbH Engines (b) Affected ADs ECO Branch, FAA, 1200 District Avenue, AGENCY: Federal Aviation None. Burlington, MA 01803; phone: 781–238– Administration (FAA), DOT. (c) Applicability 7754; fax: 781–238–7199; email: [email protected]. ACTION: Final rule; request for This AD applies to Safran Helicopter comments. Engines, S.A., Arrius 2B1, 2B1A, 2B2, and (2) Refer to European Aviation Safety Agency (EASA) AD 2018–0044, dated 2K1 turboshaft engines with a power turbine SUMMARY: We are adopting a new February 14, 2018, for more information. You wheel (PTW) assembly having a serial airworthiness directive (AD) for all number listed in Appendix 2.1 of Safran may examine the EASA AD in the AD docket Helicopter Engines Mandatory Service on the internet at http://www.regulations.gov Austro Engine GmbH model E4 and E4P Bulletin (MSB) No. A319 72 2854, Version A, by searching for and locating it in Docket No. diesel piston engines. This AD requires dated February 9, 2018. FAA–2018–0184. replacement of the waste gate controller and the control rod circlip. This AD was (d) Subject (k) Material Incorporated by Reference prompted by reports of broken or Joint Aircraft System Component (JASC) (1) The Director of the Federal Register disconnected turbocharger waste gate Code 7250, Turbine Section. approved the incorporation by reference control rods on some engines. We are (e) Unsafe Condition (IBR) of the service information listed in this issuing this AD to address the unsafe This AD was prompted by an engine paragraph under 5 U.S.C. 552(a) and 1 CFR condition on these products. failure caused by missing turbine blade part 51. DATES: This AD is effective April 27, dampers. We are issuing this AD to prevent (2) You must use this service information 2018. failure of a power turbine blade. The unsafe as applicable to do the actions required by The Director of the Federal Register condition, if not addressed, could result in this AD, unless the AD specifies otherwise. approved the incorporation by reference loss of engine power in flight and reduced (i) Safran Helicopter Engines Alert control of the helicopter. of a certain publication listed in this AD Mandatory Service Bulletin No. A319 72 as of April 27, 2018. (f) Compliance 2854, Version A, dated February 9, 2018. We must receive comments on this Comply with this AD within the (ii) Reserved. AD by May 29, 2018. (3) For Safran Helicopter Engines service compliance times specified, unless already ADDRESSES: You may send comments, information identified in this AD, contact done. using the procedures found in 14 CFR Safran Helicopter Engines, S.A., 40220 (g) Required Actions 11.43 and 11.45, by any of the following Tarnos, France; phone: (33) 05 59 74 40 00; methods: Within 20 flight hours or 30 days after the fax: (33) 05 59 74 45 15. • Federal eRulemaking Portal: Go to effective date of this AD, whichever occurs (4) You may view this service information first: at FAA, Engine & Propeller Standards http://www.regulations.gov. Follow the (1) Inspect the PTW in accordance with Branch, 1200 District Avenue, Burlington, instructions for submitting comments. paragraph 2.4.2.3 of Safran Helicopter • Fax: 202–493–2251. Engines MSB No. A319 72 2854, Version A, MA. For information on the availability of • this material at the FAA, call 781–238–7759. Mail: U.S. Department of dated February 9, 2018; and Transportation, Docket Operations, (2) If, as a result of the inspection required (5) You may view this service information by paragraph (g)(1) of this AD, any dampers that is incorporated by reference at the M–30, West Building Ground Floor, are found missing, replace the PTW with a National Archives and Records Room W12–140, 1200 New Jersey part eligible for installation before further Avenue SE, Washington, DC 20590. Administration (NARA). For information on • flight. the availability of this material at NARA, call Hand Delivery: U.S. Department of Transportation, Docket Operations, (h) Installation Prohibition 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibr- M–30, West Building Ground Floor, Do not install an engine with a PTW with locations.html. Room W12–140, 1200 New Jersey a serial number listed in Appendix 2.1 of Avenue SE, Washington, DC 20590, Safran Helicopter Engines MSB A319 72 Issued in Burlington, Massachusetts, on between 9 a.m. and 5 p.m., Monday 2854, Version A, dated February 9, 2018, April 6, 2018. unless all thirty-one blade dampers are through Friday, except Federal holidays. Robert J. Ganley, installed. For service information identified in Manager, Engine and Propeller Standards this final rule, contact Austro Engine (i) Alternative Methods of Compliance Branch, Aircraft Certification Service. GmbH, Rudolf-Diesel-Strasse 11, (AMOCs) [FR Doc. 2018–07541 Filed 4–11–18; 8:45 am] A–2700 Weiner Neustadt, Austria; (1) The Manager, ECO Branch, FAA, has BILLING CODE 4910–13–P phone: +43 2622 23000; fax: +43 2622 the authority to approve AMOCs for this AD, 23000–2711; internet: if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, www.austroengine.at. You may view send your request to your principal inspector this service information at the FAA, or local Flight Standards District Office, as Engine & Propeller Standards Branch, appropriate. If sending information directly 1200 District Avenue, Burlington, MA to the manager of the certification office, 01803. For information on the

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES 15734 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

availability of this material at the FAA, affected waste gate controllers and waste gate AD without providing an opportunity call 781–238–7759. It is also available control rod circlips. for public comments prior to adoption. on the internet at http:// For the reason described above, this The FAA has found that the risk to the www.regulations.gov by searching for [EASA] AD requires implementation of those flying public justifies waiving notice life limits, and prohibits reinstallation of non and locating Docket No. FAA–2018– spring loaded circlips. and comment prior to adoption of this 0153. rule because the compliance time for the You may obtain further information action is less than the time required for Examining the AD Docket by examining the MCAI in the AD public comment. The FAA has reviewed You may examine the AD docket on docket on the internet at http:// and agrees with EASA’s determination the internet at http:// www.regulations.gov by searching for that certain affected waste gate www.regulations.gov by searching for and locating Docket No. FAA–2018– controller and control rod circlip must and locating Docket No. FAA–2018– 0153. be replaced within 50 flight hours or 2 0153; or in person at Docket Operations Related Service Information Under 1 months. Failure to replace these parts between 9 a.m. and 5 p.m., Monday CFR Part 51 within the required compliance times through Friday, except Federal holidays. could lead to improper operation of the We reviewed Austro Engine The AD docket contains this final rule, waste gate controller with consequent Mandatory Service Bulletin (MSB) No. the regulatory evaluation, any engine power loss and reduced control MSB–E4–022/2, Rev. No. 2, November comments received, and other of the airplane. Therefore, we find good 27, 2017. The MSB describes procedures information. The street address for the cause that notice and opportunity for for replacement of the waste gate Docket Operations (phone: 800–647– prior public comment are impracticable. controller and the control rod circlip. 5527) is listed above. Comments will be In addition, for the reason stated above, This service information is reasonably available in the AD docket shortly after we find that good cause exists for available because the interested parties receipt. making this amendment effective in less have access to it through their normal than 30 days. FOR FURTHER INFORMATION CONTACT: course of business or by the means Robert Green, Aerospace Engineer, ECO identified in the ADDRESSES section. Comments Invited Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781– Other Related Service Information This AD is a final rule that involves requirements affecting flight safety and 238–7754; fax: 781–238–7199; email: We also reviewed Austro Engine was not preceded by notice and an [email protected]. GmbH MSB No. MSB–E4–002/2, Rev. opportunity for public comment. SUPPLEMENTARY INFORMATION: No. 2, dated April 1, 2015. This MSB However, we invite you to send any describes E4 and E4P model engine written data, views, or arguments about Discussion configurations. The European Aviation Safety Agency this final rule. Send your comments to FAA’s Determination ADDRESSES (EASA), which is the Technical Agent an address listed under the for the Member States of the European This product has been approved by section. Include the docket number Community, has issued EASA AD 2017– EASA, and is approved for operation in FAA–2018–0153 and Product Identifier 0250, dated December 18, 2017 (referred the United States. Pursuant to our 2018–NE–03–AD at the beginning of to after this as the MCAI), to address an bilateral agreement with the European your comments. We specifically invite unsafe condition for the specified Community, EASA has notified us of comments on the overall regulatory, products. The MCAI states: the unsafe condition described in the economic, environmental, and energy MCAI and service information aspects of this final rule. We will Occurrences have been reported where, on consider all comments received by the some engines, turbocharger waste gate referenced above. We are issuing this AD because we evaluated all the closing date and may amend this final control rods were found broken and/or rule because of those comments. disconnected. Investigation results indicate relevant information provided by EASA that these failures were due to insufficient and determined the unsafe condition We will post all comments we fatigue life or improper handling of the waste described previously is likely to exist or receive, without change, to http:// gate control rod and improper installation of develop in other products of the same www.regulations.gov, including any the non spring loaded waste gate control rod type design. personal information you provide. We circlip. will also post a report summarizing each These conditions, if not corrected, could AD Requirements substantive verbal contact we receive lead to improper operation of the waste gate This AD requires replacement of the about this final rule. with consequent engine power loss, possibly waste gate controller and the control rod resulting in reduced control of the aeroplane. Costs of Compliance To address these potential unsafe circlip. conditions, Austro Engine designed a new We estimate that this AD affects 211 FAA’s Justification and Determination engines installed on airplanes of U.S. spring loaded waste gate control rod circlip of the Effective Date and published Mandatory Service Bulletin registry. (MSB) MSB–E4–022, later revised, EASA AD An unsafe condition exists that We estimate the following costs to No. 2017–0250 introducing a life limit for the requires the immediate adoption of this comply with this AD:

ESTIMATED COSTS

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

Replace Turbocharger Waste Gate Controller and 1.5 work-hours × $85 per hour = $235 $362.50 $76,488 Circlip. $127.50.

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations 15735

Authority for This Rulemaking substantial direct effect on the States, on 2018–07–16 Austro Engine GmbH Engines: Title 49 of the United States Code the relationship between the national Amendment 39–19247; Docket No. FAA–2018–0153; Product Identifier specifies the FAA’s authority to issue government and the States, or on the 2018–NE–03–AD. rules on aviation safety. Subtitle I, distribution of power and section 106, describes the authority of responsibilities among the various (a) Effective Date levels of government. the FAA Administrator. ‘‘Subtitle VII: This AD is effective April 27, 2018. Aviation Programs,’’ describes in more For the reasons discussed above, I detail the scope of the Agency’s certify this AD: (b) Affected ADs (1) Is not a ‘‘significant regulatory authority. None. We are issuing this rulemaking under action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under (c) Applicability the authority described in Subtitle VII, the DOT Regulatory Policies and Part A, Subpart III, Section 44701: This AD applies to all Austro Engine Procedures (44 FR 11034, February 26, ‘‘General requirements.’’ Under that GmbH model E4 and E4P diesel piston 1979), engines. section, Congress charges the FAA with (3) Will not affect intrastate aviation promoting safe flight of civil aircraft in in Alaska, and (d) Subject air commerce by prescribing regulations (4) Will not have a significant Joint Aircraft System Component (JASC) for practices, methods, and procedures economic impact, positive or negative, Code 8560, Reciprocating Engine the Administrator finds necessary for on a substantial number of small entities Supercharger. safety in air commerce. This regulation under the criteria of the Regulatory (e) Unsafe Condition is within the scope of that authority Flexibility Act. because it addresses an unsafe condition This AD was prompted by reports of that is likely to exist or develop on List of Subjects in 14 CFR Part 39 broken or disconnected turbocharger waste products identified in this rulemaking Air transportation, Aircraft, Aviation gate control rods on some engines. We are action. safety, Incorporation by reference, issuing this AD to prevent failure of the This AD is issued in accordance with Safety. turbocharger waste gate control rod. The authority delegated by the Executive unsafe condition, if not addressed, could Director, Aircraft Certification Service, Adoption of the Amendment result in loss of engine thrust control and as authorized by FAA Order 8000.51C. Accordingly, under the authority reduced control of the airplane. In accordance with that order, issuance delegated to me by the Administrator, (f) Compliance of ADs is normally a function of the the FAA amends 14 CFR part 39 as Compliance and Airworthiness Comply with this AD within the follows: compliance times specified, unless already Division, but during this transition done. period, the Executive Director has PART 39—AIRWORTHINESS delegated the authority to issue ADs DIRECTIVES (g) Required Actions applicable to engines, propellers, and ■ 1. The authority citation for part 39 Within the compliance times identified in associated appliances to the Manager, Table 1 to paragraph (g) of this AD, and continues to read as follows: Engine and Propeller Standards Branch, thereafter at intervals not to exceed 250 flight Policy and Innovation Division. Authority: 49 U.S.C. 106(g), 40113, 44701. hours (FHs), replace the waste gate controller and control rod circlip in accordance with Regulatory Findings § 39.13 [Amended] the Accomplishment Instructions, Paragraph This AD will not have federalism ■ 2. The FAA amends § 39.13 by adding 2.1, of Austro Engine GmbH Mandatory implications under Executive Order the following new airworthiness Service Bulletin (MSB) No. MSB–E4–022/2, 13132. This AD will not have a directive (AD): Rev. No. 2, dated November 27, 2017.

(h) Installation Prohibition (i) Definitions (j) Credit for Previous Actions Do not install on any engine a non-spring For the purpose of this AD, a Group 1 You may take credit for replacement of the loaded waste gate control rod circlip, part engine is an Austro Engine GmbH model E4– waste gate controller and control rod circlip number DIN6799–5, after the effective date of B or E4–C engine installed on a DA 42 M– required by paragraph (g) of this AD if you this AD. NG airplane with external containers or an performed this action before the effective E4–A engine. A Group 2 engine is any other date of this AD using earlier versions of Austro Engine GmbH model E4 and E4P Austro Engine MSB No. MSB–E4–022. engine.

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES ER12AP18.002 15736 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

(k) Alternative Methods of Compliance DEPARTMENT OF HOMELAND (T&E) in-bond shipments, ISF Importers, (AMOCs) SECURITY or their agents, must submit five data (1) The Manager, ECO Branch, FAA, has elements to CBP See 19 CFR 149.3(b). the authority to approve AMOCs for this AD, U.S. Customs and Border Protection Currently, an ISF Importer is if requested using the procedures found in 14 generally defined as the party causing CFR 39.19. In accordance with 14 CFR 39.19, 19 CFR Part 149 goods to arrive within the limits of a send your request to your principal inspector port in the United States by vessel. See or local Flight Standards District Office, as [USCBP–2016–0040] 19 CFR 149.1. The regulation provides appropriate. If sending information directly RIN 1651–AA98 that generally the ISF Importer is the to the manager of the certification office, goods’ owner, purchaser, consignee, or send it to the attention of the person CBP Decision No. 18–04; Definition of identified in paragraph (l)(1) of this AD. You agent such as a licensed customs broker. may email your request to: ANE-AD-AMOC@ Importer Security Filing Importer However, the regulation limits the definition of ISF Importer to certain faa.gov. AGENCY: U.S. Customs and Border named parties for FROB, IE and T&E in- (2) Before using any approved AMOC, Protection, DHS. notify your appropriate principal inspector, bond shipments, and for merchandise or lacking a principal inspector, the manager ACTION: Final rule. being entered into FTZ. For FROB cargo, of the local flight standards district office/ the regulation provides that the ISF SUMMARY: This final rule adopts a certificate holding district office. Importer is the carrier; for IE and T&E proposed amendment to expand the (l) Related Information in-bond shipments, and goods to be definition of an Importer Security Filing delivered to an FTZ, the regulation (1) For more information about this AD, (ISF) Importer, the party that is provides that the ISF Importer is the contact Robert Green, Aerospace Engineer, responsible for filing the ISF, for certain ECO Branch, FAA, 1200 District Avenue, party filing the IE, T&E, or FTZ types of shipments. The changes are documentation. Burlington, MA 01803; phone: 781–238– necessary to ensure that the definition 7754; fax: 781–238–7199; email: Based on input from the trade as well of ISF Importer includes parties that [email protected]. as CBP’s analysis, CBP concluded that (2) Refer to European Aviation Safety have a commercial interest in the cargo these limitations did not reflect Agency (EASA) AD 2017–0250, dated and the best access to the required commercial reality and, in some cases, December 18, 2017, for more information. information. designate a party as the ISF Importer You may examine the EASA AD in the AD DATES: This rule is effective May 14, even though the party has no docket on the internet at http:// 2018. commercial interest in the shipment and www.regulations.gov by searching for and limited access to the ISF data. FOR FURTHER INFORMATION CONTACT: locating it in Docket No. FAA–2018–0153. Therefore, in a notice of proposed Craig Clark, Branch Chief, Advance Data (m) Material Incorporated by Reference rulemaking (NPRM) published in the Programs and Cargo Initiatives, Office of Federal Register on July 6, 2016 (81 FR (1) The Director of the Federal Register Cargo and Conveyance Security, Office approved the incorporation by reference 43961), CBP proposed to expand the of Field Operations by telephone at (IBR) of the service information listed in this definition of ISF Importer for FROB 202–344–3052 and email at craig.clark@ paragraph under 5 U.S.C. 552(a) and 1 CFR cargo, for IE and T&E shipments and for cbp.dhs.gov. part 51. goods to be delivered to an FTZ. (2) You must use this service information SUPPLEMENTARY INFORMATION: For FROB shipments, CBP proposed as applicable to do the actions required by to broaden the definition of an ISF this AD, unless the AD specifies otherwise. I. Background (i) Austro Engine GmbH Mandatory Service Importer to include non-vessel Under CBP regulations, Importer operating common carriers (NVOCCs). Bulletin No. MSB–E4–022/2, Rev. No. 2, Security Filing (ISF) Importers, as dated November 27, 2017. For IE and T&E in-bond shipments, and (ii) Reserved. defined in 19 CFR 149.1, are required to for goods to be delivered to an FTZ, CBP (3) For Austro Engine GmbH service submit an ISF to CBP, which consists of proposed to broaden the definition of an information identified in this AD, contact information pertaining to certain cargo ISF Importer to also include the goods’ Austro Engine GmbH, Rudolf-Diesel-Strasse arriving by vessel. The ISF is required owner, purchaser, consignee, or agent 11, A–2700 Weiner Neustadt, Austria; phone: to be submitted before the cargo is such as a licensed customs broker. This +43 2622 23000; fax: +43 2622 23000–2711; loaded on a vessel that is destined to the rule adopts these proposals as final. By internet: www.austroengine.at. United States. For cargo other than (4) You may view this service information broadening the definition to include foreign cargo remaining on board these parties, the responsibility to file at FAA, Engine & Propeller Standards (FROB), the transmission of the ISF is Branch, 1200 District Avenue, Burlington, the ISF will be with the party causing MA. For information on the availability of required no later than 24 hours before the goods to enter the limits of a port in this material at the FAA, call 781–238–7759. cargo is laden aboard a vessel destined the United States and most likely to (5) You may view this service information to the United States. For FROB have access to the required ISF that is incorporated by reference at the shipments, the transmission of the ISF information. National Archives and Records is required any time prior to lading. See For a detailed discussion of the Administration (NARA). For information on 19 CFR 149.2(b). statutory and regulatory histories of the the availability of this material at NARA, call For shipments consisting of goods rule, and the factors governing the 202–741–6030, or go to: http:// intended to be entered into the United development of this rule, please refer to www.archives.gov/federal-register/cfr/ibr- States and goods intended to be locations.html. the NPRM. delivered to a foreign trade zone (FTZ), Issued in Burlington, Massachusetts, on ISF Importers, or their agents, must II. Discussion of Comments April 3, 2018. submit 10 data elements to CBP. See 19 CBP received two comments on the Robert J. Ganley, CFR 149.3(a). For shipments consisting proposed rule, and each raised a Manager, Engine and Propeller Standards entirely of FROB and shipments number of issues. One comment favored Branch, Aircraft Certification Service. consisting entirely of goods intended to the proposed amendment with [FR Doc. 2018–07540 Filed 4–11–18; 8:45 am] be transported as Immediate Exportation recommended changes and one did not. BILLING CODE 4910–13–P (IE) or Transportation and Exportation A summary of the significant issues

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations 15737

raised by the comments and CBP’s because the carrier would not have Response responses are set forth below. possession of the business confidential The proposed ISF Importer definition house-bill level information that it Comment establishes the party that is responsible would need from the NVOCC to be able One commenter said that the for filing the ISF, depending on the type to file the ISF. of cargo transported. For IE and T&E in- proposed ISF Importer definition with To address these issues, the bond shipments, and goods to be respect to FROB cargo was unclear. The commenter recommended that CBP delivered to an FTZ, the ISF Importer commenter recommended revising the adopt one of the following regulatory definition to indicate that the carrier is amendments: (1) Exempt FROB cargo in will be the goods’ owner, purchaser, responsible for filing the ISF except such situations from ISF requirements; consignee, agent such as a licensed when a shipment is being carried by an (2) allow the vessel operating carrier to customs broker, or the party filing the NVOCC, in which case the NVOCC file the ISF at the master bill of lading IE, T&E, or FTZ documentation. If the would be responsible for filing the ISF. level as soon as practicable; or (3) allow carrier or NVOCC falls within the definition as one these parties, as it may Response the vessel operating carrier to submit the required data elements for the ISF as if it was the agent for such a shipment, Although the commenter’s suggested soon as practicable to CBP, and require then it may file the ISF under the language would cover many situations, the NVOCCs with cargo on the vessel to proposed definition. it would not account for all submit the remaining data elements of Comment circumstances in which the shipment is the ISF as soon as practicable to CBP being carried by an NVOCC. It would once the vessel operating carriers have One commenter did not agree that the not cover the situation where the vessel informed the NVOCCs of the diversion. NVOCC should be included in the operating carrier is the party that causes definition of ISF Importer with respect the goods to arrive within the limits of Response to FROB cargo. This commenter said a port in the United States by vessel The proposed rule was limited to that the NVOCC does not have access to despite the NVOCC having booked the amending the definition of the ISF basic shipment manifest data, that it is shipment. As discussed in the NPRM, Importer in 19 CFR 149.1(a) concerning not the party who caused the an example would be when an NVOCC the parties responsible for filing the ISF. merchandise to be imported, and that it books a shipment not initially The commenter’s suggestions, which is not normally the party who is in scheduled to arrive in the United States, relate to suggestions about when the position to know the details that are but the vessel is diverted to the United required data elements must be required for filing the ISF. This States by the vessel operating carrier. If transmitted or the level of detail commenter also added that the ocean the cargo remains on board the vessel at required for the data elements as set carrier is in control of the vessel and is the U.S. port and is not discharged until forth in 19 CFR 149.2 and 149.3,1 are responsible for the initial routing and it arrives at the originally-scheduled outside the scope of this rulemaking. any subsequent changes, and that an foreign destination port, this would CBP notes that while those sections do NVOCC may be unaware of the vessel create FROB cargo. In this situation, not provide for exceptions from the ISF operator’s decision to route a vessel even though the shipment would be requirements based on extenuating through a U.S. port. carried by the NVOCC, the vessel circumstances, CBP may take the Response operating carrier, and not the NVOCC, existence of extenuating circumstances would be the party that caused the into account in determining whether to CBP disagrees with the commenter’s goods to arrive within the limits of a issue a liquidated damages claim for an reasoning and conclusion that an port in the United States by vessel and untimely or incomplete submission of NVOCC should not be included in the thus, the party responsible for filing the the ISF. definition of ISF Importer with respect to FROB cargo. For FROB cargo, the ISF. Comment In view of the above, CBP believes regulations require the submission of that the broader proposed definition of One commenter requested five data elements: The booking party, ISF Importer with regard to FROB clarification regarding the portion of the the foreign port of unlading, the place shipments, which places the proposed definition that states that for of delivery, the ship to party, and the responsibility for filing the ISF on the IE and T&E in-bond shipments, and commodity HTSUS number. See 19 CFR party who caused the goods to arrive goods to be delivered to an FTZ, the ISF 149.3(b). When a party shipping the within the limits of a port in the United Importer may also be the party filing the goods books a FROB shipment with an States by vessel, rather than on a IE, T&E, or FTZ documentation. The NVOCC, the NVOCC is the party most specific party, is necessary. commenter said that this language likely to have direct knowledge of these appears to be designed to allow the data elements because it, not the vessel Comment carrier or NVOCC to file the ISF operating carrier, has a direct business One commenter noted that, for documentation for such shipments, as is relationship with the shipping party. situations in which a shipment booked the case in some instances today. With limited exceptions, it is also the by an NVOCC is diverted by the vessel party that causes the goods to arrive operating carrier to the United States in 1 19 CFR 149.2(b) provides the required time of within the limits of a port in the United transmission of the data elements for the ISF. For cases of extreme weather, machinery FROB cargo, the regulation specifies that the States by vessel. Thus, it is generally the failure, or other unforeseen required data elements must be submitted prior to appropriate party to file the ISF. As circumstances, the required ISF for the lading aboard the vessel at the foreign port. See 19 noted in response to an earlier resulting FROB cargo could not be filed CFR 149.2(b)(4). The regulation provides no comment, where the vessel operating exceptions to this requirement in any prior to loading as required by the circumstances, including for diversions. The ISF carrier diverts a shipment not initially current regulations. This commenter regulations provide that for shipments consisting scheduled to arrive in the United States also noted that, in such situations, the entirely of FROB cargo, ISF Importers, or their and the cargo remains on board the NPRM’s suggestion that the vessel agents, must submit five data elements to CBP for vessel at the U.S. port, the vessel each good listed at the six-digit HTSUS number at operating carrier would be responsible the lowest bill of lading level (i.e., at the house bill operating carrier, not the NVOCC, is the for filing the ISF would not be workable of lading level, if applicable). See 19 CFR 149.3(b). party that causes the goods to arrive

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES 15738 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

within the limits of a port in the United direct knowledge of the required ISF emphasizes the importance of States and thus the responsible party for information. In cases of diversion to the quantifying both costs and benefits, of filing the ISF. United States creating FROB cargo, the reducing costs, of harmonizing rules, NPRM stated that the vessel operating and of promoting flexibility. Executive Comment carrier would be the ISF Importer. Order 13771 (‘‘Reducing Regulation and One commenter stated that the U.S. The issue of whether an NVOCC is Controlling Regulatory Costs’’) directs offices of a multinational NVOCC may recognized as a carrier in the Trade Act agencies to reduce regulation and be unaware that a shipment booked by of 2002 and the vessel manifest and control regulatory costs and provides the NVOCC’s non-U.S. affiliate is cargo release procedures are irrelevant that ‘‘for every one new regulation destined to the United States. to whether it is responsible for filing an issued, at least two prior regulations be ISF. As discussed earlier, the identified for elimination, and that the Response responsibility for filing the ISF lies with cost of planned regulations be prudently This final rule requires the NVOCC to the party who caused the goods to arrive managed and controlled through a file the ISF for shipments of FROB cargo within the limits of a port in the United budgeting process.’’ when it falls under the definition of the States by vessel. In addition, CBP notes The Office of Management and Budget ISF Importer. This requirement applies that the Trade Act of 2002 recognizes an (OMB) has not designated this rule a to the NVOCC regardless of which NVOCC as a common carrier that does ‘‘significant regulatory action,’’ under affiliate within the NVOCC booked the not operate the vessels by which the section 3(f) of Executive Order 12866. shipment. Each NVOCC is responsible ocean transportation is provided, and is Accordingly, OMB has not reviewed it. for ascertaining whether any of its a shipper in its relationship with an OMB considers this rule to be an shipments are destined to the United ocean common carrier. See section Executive Order 13771 deregulatory States. 431A(b) of the Trade Act of 2002 (19 action. See OMB’s Memorandum U.S.C. 1431a(b)) (citing section 3(17)(B) ‘‘Guidance Implementing Executive Comment of the Shipping Act of 1984 (46 U.S.C. Order 13771, Titled ‘Reducing One commenter stated that the App. 1702(17)(B)); see also 19 CFR Regulation and Controlling Regulatory proposed rule would jeopardize smaller 4.7(b)(3)(ii)). Costs’’’ (April 5, 2017). NVOCCs that would be forced to Though CBP does not estimate a develop procedures to comply with the Comment quantitative savings as a result of this rule in the rare occurrence of a One commenter stated that the rule, it is a deregulatory action because shipment of FROB cargo. proposed rule would have a dramatic it simplifies the transmission of ISF impact on the underwriting of information to CBP, eliminates Response International Carrier Bonds and increase confusion regarding the party FROB cargo consists of only a small liability to NVOCCs with late filing responsible for submitting the ISF, and subset of the total cargo that an NVOCC penalties. significantly reduces confidentiality regularly ships. As discussed in the Response concerns raised by the current Regulatory Flexibility Act section in requirements. CBP has prepared the Part IV.B of this rule, CBP believes that CBP disagrees. CBP believes that following analysis to help inform the rule would not have a significant NVOCCs which are required to file ISFs stakeholders of the impacts of this economic impact burden on a under the proposed rule are fully proposed rule. substantial number of smaller entities, capable of complying with the required Under current regulations, the party including NVOCCs. These entities ISF provisions and that any impact on that is required to submit the ISF is the already send this information to the the underwriting of International Carrier party causing the goods to arrive within party that files the ISF, or directly to Bonds, if any, would be minimal. The the limits of a port in the United States CBP, so amending the regulation to bond that covers the ISF is broad by vessel. However, the regulation require that they submit it directly to enough to cover these amendments and limits the definition for FROB, IE, and CBP will not significantly affect their this rule simply shifts the liability onto T&E shipments as well as for existing process. the most appropriate party—the one merchandise being entered into an FTZ with the information. to certain named parties. Based on input Comment III. Conclusion from the trade as well as CBP’s analysis, One commenter stated that an NVOCC CBP has concluded that these should not be penalized for being After review of the comments and limitations do not reflect commercial responsible for an ISF filing when it further consideration, DHS adopts as reality and, in some cases, designate a either, did not know a shipment was final the proposed amendments party as the ISF Importer even though FROB or, simply does not have the data published in the Federal Register on that party has no commercial interest in elements that the regulations require. July 6, 2016 (81 FR 43961). the shipment and limited access to the The commenter further stated that an IV. Regulatory Analysis ISF data. In some cases, the party NVOCC is not recognized as a carrier in responsible may not even be involved in A. Executive Orders 12866, 13563, and the Trade Act of 2002 and is not the importation at the time the ISF must 13771 mandated to manifest its House Bill of be filed. This causes confusion in the Lading data. The commenter added that Executive Orders 13563 and 12866 trade as to who is responsible for filing NVOCCs gain release of their cargo direct agencies to assess the costs and the ISF and raises confidentiality against the carrier’s bill of lading, not benefits of available regulatory concerns because sometimes the private the House Bill of Lading. alternatives and, if regulation is party with the information gives the necessary, to select regulatory information to the ISF Importer who Response approaches that maximize net benefits then sends it to CBP. Therefore, CBP is As mentioned in an earlier comment (including potential economic, expanding the definition of ISF Importer response, if the shipping party books a environmental, public health and safety for FROB cargo, for IE and T&E FROB shipment with an NVOCC, the effects, distributive impacts, and shipments, and for goods to be delivered NVOCC is the party most likely to have equity). Executive Order 13563 to an FTZ. This change is consistent

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations 15739

with the requirement of the Security that have the data are now included in Therefore, to the extent this rule shifts and Accountability For Every Port Act the definition of the party responsible the reporting burden from one party to of 2006 (SAFE Port Act), which for filing the data. Since these parties the other, there will be a corresponding provides that the requirement to file the are generally the ones currently shift of $109.81 in opportunity cost per ISF will be imposed on the party most submitting this data to CBP, this change filing. CBP lacks data showing how likely to have direct knowledge of that will have no significant impact. often there will be a shift in the actual information. In some rare instances, this final rule reporting burden as a result of this rule Under the current definition, the ISF may shift the burden of filing from one but it believes it to be very small and Importer for FROB shipments is the party to another. For example, since the possibly zero. When it published the vessel operating carrier. In cases where party currently responsible for filing proposed rule, CBP requested comments the shipper uses an intermediary, i.e., may not be involved in the transaction on this matter and did not receive any. NVOCC, the vessel operating carrier at the time the data must be submitted, For FROB, the ISF Importer must does not have access to certain of the it could be one of several parties (e.g., currently either obtain the information required elements for confidentiality the owner, purchaser, consignee, or from a third party that has the necessary reasons—only the intermediary has this agent) that actually submits the information or ask that the third party information. In most cases, the NVOCC information. Once this rule is in effect, file the information directly to CBP. In chooses to file this information directly there will be greater clarity as to which some cases, the third party shares this to CBP, sidestepping the confidentiality party is responsible, which could information with the ISF Importer, but concerns, but the legal burden is on the change who actually submits the data. it usually files the data directly with vessel operating carrier so some In the vast majority of cases, there will CBP for confidentiality reasons. Under NVOCCs feel pressured to share this be no change in who submits the data, this rule, with limited exceptions, the information with the carrier. Under this but it is possible that there will be a party that has access to the ISF rule, the ISF Importer for FROB cargo is change in some cases. information will submit it directly to either the NVOCC or the vessel To the extent that there is a change in CBP. Since this third party is generally operating carrier, depending on which who actually submits the ISF data, there already providing the ISF information of these parties is the party causing the will be a shift in the time burden to do through the current ISF Importer or goods to arrive within the limits of a so from one party to the other. CBP directly to CBP, this rule will not add port in the United States by vessel. estimates that submitting this a significant burden to these entities. As Likewise, the current definition of ISF information takes 2.19 hours at a cost of described above, to the extent that this Importer causes confusion for IE and $50.14 per hour.2 This loaded wage rate rule shifts the reporting burden from T&E cargo. It provides that the ISF was estimated by multiplying the one party to the other, there will be a Importer in these cases is the filer of the Bureau of Labor Statistics’ (BLS) 2014 corresponding shift of $109.81 in IE or T&E documentation. This causes median hourly wage rate for Ship and opportunity cost per filing. CBP lacks confusion because the IE or T&E Boat Captains and Operators ($32.73) by data showing how often there will be a documentation often is not created until the ratio of BLS’ average 2014 total shift in the actual reporting burden as a the cargo arrives in the United States. compensation to wages and salaries for result of this rule but it believes it to be This is problematic because ISF Transportation and Material Moving very small and possibly zero. When it information must be submitted at least occupations (1.5319), the assumed published the proposed rule, CBP 24 hours prior to lading. To address this occupational group for ship and boat requested comment on this matter and issue and to ensure that the ISF captains and operators, to account for received one saying that the impact Importer has a bona fide interest in the non-salary employee benefits.34 would be infinitesimally small except commercial shipment, this rule expands for when a ship is diverted the definition of ISF Importer for IE and 2 This differs from the estimated wage rate on the unexpectedly (for example, due to T&E in-bond shipments to also include most recent supporting statement for this weather). The commenter stated that in information collection: OMB Control Number 1651– the goods’ owner, purchaser, consignee, 0001, available at: http://www.reginfo.gov/public/ this case placing the burden on the or agent such as a licensed customs do/PRAViewDocument?ref_nbr=201506-1651-003, NVOCC would be burdensome because broker. The rule also makes a similar which is based on outdated data. We will update the NVOCC does not have control of the change to the definition of the ISF the wage rate in this supporting statement the next vessel and would not necessarily have Importer of FTZ cargo. With this time the Information Collection Review (ICR) is renewed. the information needed to file. CBP change, the ISF Importer includes the 3 Source of median wage rate: U.S. Bureau of agrees with the commenter and notes party with a bona fide interest in the Labor Statistics. Occupational Employment that in such situations, the reporting commercial shipment and who has Statistics, ‘‘May 2014 National Occupational burden would remain with the carrier, access to the required data in the Employment and Wage Estimates, United States- as it was the party that caused the goods Median Hourly Wage by Occupation Code: 53– specified time frame. 5020.’’ Updated March 25, 2015. Available at http:// to arrive within the limits of a port in The modification of the definition of www.bls.gov/oes/2014/may/oes_nat.htm#53-0000. the United States by vessel. We ISF Importer simply shifts the legal Accessed June 15, 2015. therefore maintain our assumption that responsibility in some cases for filing 4 The total compensation to wages and salaries the reporting burden due to this the ISF from one party to another for a ratio is equal to the calculated average of the 2014 provision is very small and possibly quarterly estimates (shown under Mar., June, Sep., subset of the total cargo (FROB; IE and Dec.) of the total compensation cost per hour zero. T&E; and FTZ cargo). For IE, T&E, and worked for Transportation and Material Moving This final rule benefits all parties by FTZ cargo, the party that is currently occupations (26.62) divided by the calculated eliminating the confusion surrounding required to file the data may not yet average of the 2014 quarterly estimates (shown the responsibility for the submission of under Mar., June, Sep., Dec.) of wages and salaries even be involved in the transaction at cost per hour worked for the same occupation ISF information. Under the expanded the time the data must be submitted. In category (17.3775). Source of total compensation to these cases another party that has the wages and salaries ratio data: U.S. Bureau of Labor worked for employee compensation and costs as a data such as the owner, purchaser, Statistics. Employer Costs for Employee percentage of total compensation, 2004–2015 by Compensation. Employer Costs for Employee Respondent Type: Transportation and material consignee, or agent often files the data, Compensation Historical Listing March 2004— moving occupations.’’ June 10, 2015. Available at though that party is not legally obligated December 2015, ‘‘Table 3. Civilian workers, by http://www.bls.gov/ncs/ect/sp/ececqrtn.pdf. to file it. Under this rule, these parties occupational group: employer costs per hours Accessed June 15, 2015.

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES 15740 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

definition, the party that has a ISF Importer, but it usually files the data party causing goods to arrive within the commercial interest in the cargo and the directly with CBP for confidentiality limits of a port in the United States by best access to ISF information will fall reasons. In this rule, CBP is expanding vessel. For shipments other than foreign within the definition of ISF Importer. the definition of ISF Importer so that the cargo remaining on board (FROB), the This will improve the accuracy of the party that most likely has access to the ISF Importer will be the goods’ owner, information CBP uses for targeting. In ISF information will submit it directly purchaser, consignee, or agent such as a addition, this rule significantly reduces to CBP as the ISF Importer. Since this licensed customs broker. For immediate confidentiality concerns that may be third party is already providing the ISF exportation (IE) and transportation and caused by the current requirements. information through the current ISF exportation (T&E) in-bond shipments, Finally, eliminating a step in the Importer or directly to CBP, this rule and goods to be delivered to a Foreign transmission process (sending the ISF will not add a significant burden to Trade Zone (FTZ), the ISF Importer may information from the third party to the these entities. also be the party filing the IE, T&E, or current ISF Importer) will result in CBP For these reasons, CBP certifies that FTZ documentation. For FROB cargo, getting the information sooner. Any this rule will not have a significant the ISF Importer will be the carrier or extra time can be used for more economic impact on a substantial the non-vessel operating common extensive targeting. number of small entities. carrier. B. Regulatory Flexibility Act C. Unfunded Mandates Reform Act of * * * * * This section examines the impact of 1995 Elaine C. Duke, the rulemaking on small entities as The Unfunded Mandates Reform Act Deputy Secretary. required by the Regulatory Flexibility of 1995, 2 U.S.C. 1531–1538, requires [FR Doc. 2018–07624 Filed 4–11–18; 8:45 am] Act (5 U.S.C. 603), as amended by the Federal agencies to assess the effects of BILLING CODE 9111–14–P Small Business Regulatory Enforcement their discretionary regulatory actions. In and Fairness Act of 1996. A small entity particular, the Act addresses actions may be a small business (defined as any that may result in the expenditure by a DEPARTMENT OF STATE independently owned and operated State, local, or Tribal government, in the business not dominant in its field that aggregate, or by the private sector of 22 CFR Part 193 qualifies as a small business per the $100,000,000 (adjusted for inflation) or [Public Notice: 10381] Small Business Act); a small not-for- more in any one year. This final rule profit organization; or a small will not result in such an expenditure. RIN 1400–AD31 governmental jurisdiction (locality with fewer than 50,000 people). D. Paperwork Reduction Act Repeal of Benefits for Hostages in Iraq, In the Interim Final Rule establishing In accordance with the Paperwork Kuwait, or Lebanon the ISF requirements (73 FR 71730; Reduction Act of 1995 (44 U.S.C. 3507), AGENCY: Department of State. November 25, 2008, CBP Decision 08– an agency may not conduct, and a ACTION: Final rule. 46; Docket Number USCBP–2007–0077), person is not required to respond to, a CBP concluded that many importers of collection of information unless the SUMMARY: In accordance with Executive containerized cargo are small entities. collection of information displays a Order 13771 of January 30, 2017, which The rule could affect any importer of valid control number assigned by OMB. addresses agency review of existing containerized cargo so it could have an The collections of information related to regulations, including those that may be impact on a substantial number of small this final rule are approved by OMB outmoded or ineffective, the State entities. under collection 1651–0001. This impact, however, is very small. Department is repealing the regulations The modification of the definition of ISF List of Subjects in 19 CFR Part 149 on Benefits for Hostages in Iraq, Kuwait, Importer simply shifts the legal or Lebanon. The current regulations, Customs duties and inspection, which relate to hostage benefits for U.S. responsibility in some cases for filing Foreign trade, Foreign trade zones, the ISF from one party to another for a nationals in Iraq, Kuwait, or Lebanon Freight, Imports, Reporting and were established in 1990, and are subset of the total cargo (FROB; IE and recordkeeping requirements, Vessels. T&E; and FTZ cargo). For IE, T&E, and outdated as the program funding has FTZ cargo, the party that is currently Amendment to the Regulations been eliminated. DATES: This rule is effective on April 12, required to file the data may not yet For the reasons stated in the 2018. even be involved in the transaction at preamble, DHS amends part 149 of title the time the data must be submitted. In 19 of the Code of Federal Regulations FOR FURTHER INFORMATION CONTACT: these cases another party such as the (19 CFR part 149) as set forth below: Colleen Flood, Office of Legal Affairs, owner, purchaser, consignee, or agent Overseas Citizen Services, U.S. often files the data, though that party is PART 149—IMPORTER SECURITY Department of State, 2201 C. Street NW, not legally obligated to file it. Under this FILING SA–17A, Washington, DC 20520, (202) rule, these parties will be included in 485–6070, [email protected]. the definition of the party responsible ■ 1. The authority citation for part 149 SUPPLEMENTARY INFORMATION: This rule for filing the data. Since these parties continues to read as follows: removes 22 CFR part 193 of the Code of are currently submitting this data to Authority: 5 U.S.C. 301; 6 U.S.C. 943; 19 Federal Regulations, which relates to CBP, this change will have no U.S.C. 66, 1624, 2071 note. limited monetary payments and federal significant impact. For FROB, the ISF ■ 2. In § 149.1, paragraph (a) is revised life and health insurance benefits as a Importer must currently either obtain to read as follows: humanitarian gesture to certain U.S. the information from a third party that nationals held hostage in Kuwait, Iraq, has the necessary information or ask § 149.1 Definitions. or Lebanon, and to the family members that the third party file the information (a) Importer Security Filing Importer. thereof, subject to specified funding and directly to CBP. In some cases, the third For purposes of this part, Importer other limitations. The authorization to party shares this information with the Security Filing (ISF) Importer means the obligate funds under Section 599C of

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations 15741

Public Law 101–513 expired on May 5, any rule that may result in an annual provisions of the Paperwork Reduction 1991. expenditure of $100 million or more by Act, 44 U.S.C. Chapter 35. The 1992–1993 Foreign Relations State, local, or tribal governments, or by Authorization Act amended the Hostage the private sector. This rule will not PART 193—[REMOVED] Relief Act of 1990 to extend both the result in any such expenditure, nor will ■ period of time during which the benefits it significantly or uniquely affect small Accordingly, under the authority of 22 were available and the eligibility governments. U.S.C. 2651a(a)(4) and Executive Orders criteria. In addition, section 302 13563, 13771 and 13777, 22 CFR part Executive Orders 12866 and 13563 contained two additional changes with 193 is removed. respect to hostages captured in Lebanon. The Department of State has reviewed Carl C. Risch, Section 302(a)(3) provided that health this rule to ensure its consistency with Assistant Secretary, Bureau of Consular and life insurance benefits were the regulatory philosophy and Affairs, Department of State. available under certain circumstances principles set forth in Executive Order [FR Doc. 2018–07074 Filed 4–11–18; 8:45 am] for the period of the individual’s 12866 and has determined that the BILLING CODE 4710–06–P hostage status, plus a 60-month period benefits of this regulation justify its following the termination of hostage costs. The Department does not consider status. Previously, these benefits this rule to be an economically expired 12 months after the termination significant action within the scope of DEPARTMENT OF HOMELAND of hostage status, which remained the section 3(f)(1) of the Executive Order SECURITY law with respect to hostages held in Iraq since it is not likely to have an annual Coast Guard and Kuwait. effect on the economy of $100 million Title 22 CFR part 193 implemented or more or to adversely affect in a 33 CFR Part 100 these statutes, and described the classes material way the economy, a sector of of persons who could apply for benefits the economy, competition, jobs, the [Docket No. USCG–2018–0268] under the Act and the procedures environment, public health or safety, or according to which such applications State, local or tribal governments or Special Local Regulations; Marine will be processed by the Department of communities. This rule is not an E.O. Events Within the Captain of the Port State. 13771 regulatory action because this Zone Columbia River The funds allocated for the benefits rule is not significant under E.O. 12866. AGENCY: have been depleted; in addition, given Coast Guard, DHS. the way the beneficiaries are defined, no Federalism ACTION: Notice of enforcement of one is able to qualify for these benefits This regulation will not have regulation. any longer. Therefore, the Department of substantial direct effects on the States, SUMMARY: The Coast Guard will enforce State is repealing part 193. on the relationship between the national special local regulations at various Regulatory Analysis and Notices government and the States, or the locations in the Sector Columbia River distribution of power and Captain of the Port zone. This action is Administrative Procedure Act responsibilities among the various necessary to provide for the safety of life This action is being taken as a final levels of government. Nor will the rule on these navigable waters during marine rule pursuant to the ‘‘good cause’’ have federalism implications warranting events. These regulations prohibit provision of 5 U.S.C. 553(b). It is the the application of Executive Orders persons and vessels from being in the position of the Department that notice 12372 and No. 13132. regulated area unless authorized by the and comment are not necessary in light Civil Justice Reform Captain of the Port Sector Columbia of the fact that part 193 is obsolete. River or a designated representative. The Department has reviewed the There is no authority for these rules. DATES: regulations in light of sections 3(a) and The regulations in 33 CFR Regulatory Flexibility Act 3(b)(2) of Executive Order 12988 to 100.1302 will be enforced for the regulated areas identified in the It is hereby certified that the repeal of eliminate ambiguity, minimize SUPPLEMENTARY INFORMATION section these regulations will not have a litigation, establish clear legal below for the dates and times specified significant economic impact on a standards, and reduce burden. in this document. substantial number of small entities Consultations With Tribal Governments under the criteria of the Regulatory FOR FURTHER INFORMATION CONTACT: If Flexibility Act, 5 U.S.C. 605(b), because The Department has determined that you have questions about this notice of the issues addressed are not of an this rulemaking will not have Tribal enforcement, call or email LCDR Laura economic nature. In addition, the repeal implications, will not impose Springer, Waterways Management of this regulation does not have substantial direct compliance costs on Division, Marine Safety Unit Portland, federalism implications under E.O. Indian Tribal governments, and will not Coast Guard; telephone 503–240–9319, 13132. pre-empt Tribal law. Accordingly, the email [email protected]. requirements of Executive Order 13175 SUPPLEMENTARY INFORMATION: The Coast Unfunded Mandates Reform Act do not apply to this rulemaking. Guard will enforce special local Section 202 of the Unfunded regulations in 33 CFR 100.1302 for the Paperwork Reduction Act Mandates Reform Act of 1995, 2 U.S.C. following events only during the hours 1532, generally requires agencies to This rule does not impose information specified on the dates listed in the prepare a statement before proposing collection requirements under the following Table:

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES 15742 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

TABLE—DATES AND TIMES OF ENFORCEMENT OF 33 CFR 100.1302 SPECIAL LOCAL REGULATIONS AT VARIOUS LOCATIONS IN THE SECTOR COLUMBIA RIVER CAPTAIN OF THE PORT ZONE IN 2018

No. Date Event Sponsor Location

1 ...... June 9, 2018–June 10, Rose Fest Dragon Boat Portland-Kaohsiung Portland, OR. Regulated area includes all 2018, 7 a.m. to 6 p.m. Races. Sister Association. waters of the Willamette River shore to shore, bordered on the north by the Haw- thorne Bridge, and on the south by the Marquam Bridge. 2 ...... June 1, 2018, 9 a.m. to Spring Testing Hydro- Tri-Cities Water Follies Kennewick, WA. Regulated area includes all 5 p.m. plane races. Association. navigable waters within the Columbia River in the vicinity of Columbia Park, commencing at the Interstate 395 Bridge and continuing up river approximately 2.0 miles and termi- nating at the northern end of Wade Island. 3 ...... June 8, 2018–June 10, Richland Regatta Hy- Northwest Power Boat Richland, WA. Regulated area includes all nav- 2018, 8 a.m. to 7 p.m. droplane races. Association. igable waters of the Columbia River in the vicinity of Howard Amon Park, between River Miles 337 and 338 4 ...... July 27, 2018–July 29, Kennewick Hydroplane Tri-Cities Water Follies Kennewick, WA. Regulated area includes all 2018, 7 a.m. to 5:30 Races. Association. navigable waters within the Columbia River p.m. in the vicinity of Columbia Park, commencing at the Interstate 395 Bridge and continuing up river approximately 2.0 miles and termi- nating at the northern end of Wade Island. 5 ...... July 14, 2018, 9 a.m. to The Big Float, group Human Access Project Portland, OR. Regulated area includes all navi- 7 p.m. inner-tube float. gable waters of the Willamette River, in Port- land, Oregon, enclosed by the Hawthorne Bridge, the Marquam Bridge, and west of a line beginning at the Hawthorne Bridge at approximate location 45°30′50″ N; 122°40′21″ W, and running south to the Marquam Bridge at approximate location 45°30′27″ N; 122°40′11″ W. 6 ...... August 11, 2018, 11 Swim the Snake ...... Blue Mountain Re- Perry, WA. Regulated area includes all navi- a.m. to 1 p.m. source Conservation gable waters, bank-to-bank of the Snake and Development. River, 500 yards upstream and 500 yards downstream from the Washington State Highway 261 Bridge at the approximate position of 46°35′23″ N; 118°13′10″ W. 7 ...... September 3, 2018, Roy Webster Cross Hood River County Hood River, OR. Regulated area includes all 5:30 a.m. to noon. Channel Swim. Chamber of Com- waters of the Columbia River between River merce. Mile 169 and River Mile 170. 8 ...... September 8, 2018– Portland Dragon Boat DragonSports USA...... Portland, OR. Regulated area includes the September 9, 2018, Races. western side of the Willamette River extend- 8 a.m. to 6 p.m. ing from Tom McCall Waterfront Park between the Hawthorne and Marquam Bridges, Portland, OR: Line one starting at 45–30′49″ N/122–40′24″ W then heading east to 45– 30′49″ N/122–40′22″ W then heading south to 45–30′29″ N/122–40′08″ W then heading west to 45–30′26″ N/122–40′14″ W then heading north ending at 45–30′49″N/122– 40′24″ W. 9 ...... September 8, 2018, 9 Columbia Crossing 3 Rivers Road Runners Pasco, WA. Regulated area includes all navi- a.m. to 10:30 a.m. Swim. gable waters, bank-to-bank of the Columbia River in Pasco, Washington, between river mile 332 and river mile 335. All coordinates are listed in reference Datum NAD 1983.

In addition to this notice of notification of this enforcement period Dated: April 9, 2018. enforcement in the Federal Register, the via the Local Notice to Mariners and D.F. Berliner, Coast Guard plans to provide marine information broadcasts. Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia River. [FR Doc. 2018–07627 Filed 4–11–18; 8:45 am] BILLING CODE 9110–04–P

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4700 Sfmt 9990 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations 15743

DEPARTMENT OF HOMELAND Commercial fishing and recreational ADDRESSES: The docket for this SECURITY vessel traffic transit Sloop Channel. deviation, USCG–2018–0148, is Under this temporary deviation, the available at http://www.regulations.gov. Coast Guard Wantagh Parkway Bridge and the Type the docket number in the Meadowbrook State Parkway Bridge ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 33 CFR Part 117 may remain in the closed position Click on Open Docket Folder on the line [Docket No. USCG–2018–0221] between 2:30 p.m. and 5:30 p.m. on May associated with this deviation. 27, 2018, and between 2:30 p.m. and Drawbridge Operation Regulation; 5:30 p.m. on May 28, 2018. FOR FURTHER INFORMATION CONTACT: If Sloop Channel, Nassau, NY Vessels able to pass under these you have questions on this temporary bridges when in the closed position may deviation, call or email Carl T. Hausner, AGENCY: Coast Guard, DHS. do so at anytime. Neither bridge will be Chief, Bridge Section, Eleventh Coast ACTION: Notice of deviation from able to open for emergencies and there Guard District; telephone 510–437– drawbridge regulation. are no immediate alternate routes for 3516; email [email protected]. vessels to pass. The Coast Guard will SUMMARY: SUPPLEMENTARY INFORMATION: The Union The Coast Guard has issued a inform the users of the waterway Pacific Railroad Company has requested temporary deviation from the operating through our Local and Broadcast schedule that governs the Wantagh Notices to Mariners of the change in a temporary change to the operation of Parkway Bridge, mile 15.4 and the operating schedule for the bridges so the Union Pacific Railroad Drawbridge Meadowbrook State Parkway Bridge, that vessels can arrange their transits to over Carquinez Strait, mile 7.0, between mile 12.8, both across Sloop Channel, at minimize any impact caused by the Benicia and Martinez, CA. The Nassau, New York. This temporary temporary deviation. drawbridge navigation span provides a deviation is necessary to facilitate In accordance with 33 CFR 117.35(e), vertical clearance of 70 feet above Mean public safety during a public event, the the drawbridges must return to their High Water in the closed-to-navigation Jones Beach State Park U.S. Navy Blue regular operating schedules position. The draw operates as required Angels Show. This deviation allows the immediately at the end of the effective by 33 CFR 117.5. Navigation on the bridges to remain in the closed position period of this temporary deviation. This waterway is commercial and during the public event. deviation from the operating regulations recreational. DATES: This deviation is effective from is authorized under 33 CFR 117.35. 2:30 p.m. on May 27, 2018, to 5:30 p.m. The drawspan will be secured in the May 28, 2018. Dated: April 9, 2018. closed-to-navigation position from 8 Christopher J. Bisignano, a.m. to 6 p.m., April 26 through April ADDRESSES: The docket for this 29, 2018, and May 12 through May 13, deviation, USCG–2018–0221 is available Supervisory Bridge Management Specialist, First Coast Guard District. at http://www.regulations.gov. Type the 2018, to allow the bridge owner to docket number in the ‘‘SEARCH’’ box [FR Doc. 2018–07549 Filed 4–11–18; 8:45 am] replace the down haul wire ropes of the and click ‘‘SEARCH’’. Click on Open BILLING CODE 9110–04–P drawspan. This temporary deviation has Docket Folder on the line associated been coordinated with the waterway with this deviation. users. No objections to the proposed DEPARTMENT OF HOMELAND temporary deviation were raised. FOR FURTHER INFORMATION CONTACT: If SECURITY you have questions on this temporary Vessels able to pass through the deviation, call or email Ms. Donna D. Coast Guard bridges in the closed position may do so Leoce, Project Officer, First Coast Guard at any time. The drawspan will not be District, telephone (212) 514–4332, 33 CFR Part 117 able to open for emergencies and there email [email protected]. is no alternative route for vessels to [Docket No. USCG–2018–0148] SUPPLEMENTARY INFORMATION: New York pass. The Coast Guard will also inform State Office of Parks, Recreation and Drawbridge Operation Regulation; the users of the waterway through our Historic Preservation requested and the Carquinez Strait, Between Benicia and Local and Broadcast Notices to Mariners owner of both bridges, the State of New Martinez, CA of the change in the operating schedule York Department of Transportation, for the bridge so that vessel operators concurred with this temporary deviation AGENCY: Coast Guard, DHS. can arrange their transits to minimize from the normal operating schedule to ACTION: Notice of deviation from any impact caused by the temporary facilitate public safety at the Jones drawbridge regulation. deviation. Beach State Park U.S. Navy Blue Angels In accordance with 33 CFR 117.35(e), Air Show. SUMMARY: The Coast Guard has issued a The Wantagh Parkway Bridge, mile temporary deviation from the operating the drawbridge must return to its regular 15.4, across Sloop Channel has a schedule that governs the Union Pacific operating schedule immediately at the vertical clearance in the closed position Railroad Drawbridge across the end of the effective period of this of 16 feet at mean high water and 19.5 Carquinez Strait, mile 7.0, between temporary deviation. This deviation feet at mean low water. The existing Benicia and Martinez, CA. The from the operating regulations is bridge operating regulations for this deviation is necessary to allow the authorized under 33 CFR 117.35. bridge are found at 33 CFR 117.5. The bridge owner to replace drawspan Dated: April 9, 2018. operational components. This deviation Meadowbrook State Parkway Bridge, Carl T. Hausner, mile 12.8, across Sloop Channel has a allows the bridge to remain in the vertical clearance in the closed position closed-to-navigation position during the District Bridge Chief, Eleventh Coast Guard District. of 22 feet at mean high water and 25 feet deviation period. [FR Doc. 2018–07622 Filed 4–11–18; 8:45 am] at mean low water. The existing bridge DATES: This deviation is effective from operating regulations for this bridge are 8 a.m. on April 26, 2018 through 6 p.m. BILLING CODE 9110–04–P found at 33 CFR 117.799(h). on May 13, 2018.

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 9990 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES 15744 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

ENVIRONMENTAL PROTECTION II. What is EPA’s response to the comments? progress report was withdrawn on AGENCY III. What action is EPA taking? December 8, 2017 (82 FR 57836). The IV. Statutory and Executive Order Reviews adverse comments received are 40 CFR Part 52 I. Background addressed below. [EPA–R05–OAR–2017–0082; FRL–9976– States are required to submit a II. What is EPA’s response to the 70—Region 5] progress report every five years that comments? evaluates progress towards the Air Plan Approval; Illinois; Regional EPA received two anonymous Reasonable Progress Goals (RPGs) for Haze Progress Report comments on the proposed approval of each mandatory Class I Federal area 1 the Illinois regional haze progress AGENCY: Environmental Protection (Class I area) within the state and in report. Agency (EPA). each Class I area outside the state which Comment #1—One commenter stated ACTION: Final rule. may be affected by emissions from within the state. See 40 CFR 51.308(g). that the source-specific emissions limits SUMMARY: The Environmental Protection States are also required to submit, at the for four sources in the Illinois regional Agency (EPA) is approving the regional same time as the progress report, a haze SIP are not enforceable as the haze progress report under the Clean Air determination of the adequacy of the emission limits were not included in the Act (CAA) as a revision to the Illinois state’s existing regional haze SIP. See 40 state’s plan but were rather contained in state implementation plan (SIP). Illinois CFR 51.308(h). The first progress report a memorandum of understanding or has satisfied the progress report must be submitted in the form of a SIP consent decrees. These four sources are requirements of the Regional Haze Rule. revision and is due five years after the the City of Springfield City Water, Light, Illinois has also provided a submittal of the initial regional haze and Power electric generating facility determination of the adequacy of its SIP. On June 24, 2011, Illinois (CWLP), the Dominion Kincaid power regional haze plan with the progress submitted its first regional haze SIP in plant (Kincaid), CITGO Petroleum report. accordance with the requirements of 40 Corporation (CITGO) Lemont petroleum DATES: This final rule is effective on CFR 51.308. EPA approved Illinois’ refinery, and Exxon Mobil Corporation May 14, 2018. regional haze plan into its SIP on July (Exxon Mobil) Joliet petroleum refinery. ADDRESSES: EPA has established a 6, 2012, 77 FR 39943. The commenter raised concern that docket for this action under Docket ID On February 1, 2017, Illinois these limits cannot be enforced by No. EPA–R05–OAR–2017–0082. All submitted a SIP revision consisting of a citizens. documents in the docket are listed on report on the progress made in the first EPA’s Response to the Comment the www.regulations.gov website. implementation period towards the Although listed in the index, some RPGs for Class I areas outside of Illinois The source-specific emission limits information is not publicly available, (progress report). The emissions from for CWLP and Kincaid are contained in i.e., Confidential Business Information Illinois affected 19 Class I areas located federally enforceable permits, as well as (CBI) or other information whose out of the state. Illinois does not have in the Illinois’ regional haze SIP. Illinois disclosure is restricted by statute. any Class I areas within its borders. The issued joint construction and operating Certain other material, such as Illinois progress report included a air permits to CWLP and Kincaid copyrighted material, is not placed on determination that the Illinois existing pursuant to authority in the Illinois SIP. the internet and will be publicly regional haze SIP requires no The two permits were incorporated into available only in hard copy form. substantive revision to achieve the the Illinois’ regional haze SIP (77 FR Publicly available docket materials are established regional haze visibility 39948). Illinois’s progress report available either through improvement and emissions reduction confirms that these permits, setting www.regulations.gov or at the goals for 2018. EPA is approving the nitrogen oxide (NOX) and sulfur dioxide Environmental Protection Agency, Illinois progress report on the basis that (SO2) emission limits, and operating Region 5, Air and Radiation Division, 77 it satisfies the requirements of 40 CFR conditions to meet the Regional Haze West Jackson Boulevard, Chicago, 51.308. Rule requirements of the CAA, are Illinois 60604. This facility is open from EPA published a direct final rule on federally enforceable. Additionally, the 8:30 a.m. to 4:30 p.m., Monday through October 18, 2017 (82 FR 48431), permits state that they ‘‘establish limits Friday, excluding Federal holidays. We approving the Illinois regional haze for NOX and SO2 for the affected units recommend that you telephone Charles progress report as a revision to the that are directly enforceable and Hatten, Environmental Engineer at (312) Illinois SIP, along with a proposed rule permanent and that are not contingent 886–6031 before visiting the Region 5 (82 FR 48473) that provided a 30-day upon commencement of construction by office. public comment period. the Permittee of additional emission In the direct final rule, it states that control equipment for the affected units. FOR FURTHER INFORMATION CONTACT: if EPA received adverse comments, EPA This is because the emission limits for Charles Hatten, Environmental will publish a timely withdrawal of the the affected units are legally required Engineer, Control Strategy Section, Air direct final rule in the Federal Register pursuant to section 169A of the CAA Programs Branch (AR–18J), informing the public that the rule will and these limits are enforceable.’’ Environmental Protection Agency, not take effect. EPA received adverse Similarly, Illinois incorporated emission Region 5, 77 West Jackson Boulevard, comments during the comment period, limits and operating conditions from Chicago, Illinois 60604, (312) 886–6031, and the October 18, 2017 direct final two consent decrees (for CITGO and [email protected]. rule approving the Illinois regional haze Exxon Mobil) into minor new source SUPPLEMENTARY INFORMATION: review construction permits issued Throughout this document whenever 1 Areas designated as mandatory Class I Federal pursuant to authority in the Illinois SIP. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean areas consist of national parks exceeding 6000 As such, these are federally enforceable EPA. This supplementary information acres, wilderness areas and national memorial parks permits potentially subject to section is arranged as follows: exceeding 5000 acres, and all international parks that were in existence on August 7, 1977 (42 U.S.C. enforcement through action by citizens. I. Background 7472(a)). Listed at 40 CFR part 81, subpart D. See 42 U.S.C. 7604.

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations 15745

Comment #2—Another commenter on the basis that it satisfies the • Is not subject to requirements of stated that EPA is incorrect in saying requirements of 40 CFR 51.308. The section 12(d) of the National that Illinois did not rely on the Cross- progress report includes an adequate Technology Transfer and Advancement State Air Pollution Rule (CSAPR) for its discussion of the implementation of the Act of 1995 (15 U.S.C. 272 note) because regional haze goals. The commenter regional haze SIP measures and of the application of those requirements would notes that in its submittal, Illinois lists significant emission reductions be inconsistent with the CAA; and the ‘‘Transport Rule (Part 1)’’ under the achieved. The progress report also • Does not provide EPA with the ‘‘on-the books’’ control measures the includes a determination that the discretionary authority to address, as state is relying on for the years 2002– Illinois existing regional haze SIP is appropriate, disproportionate human 2018. sufficient to achieve the established health or environmental effects, using EPA’s Response to the Comment—In regional haze visibility improvement practicable and legally permissible our direct final rule, EPA noted that and emissions reduction goals for the methods, under Executive Order 12898 Illinois did not rely on the Clean Air first implementation period. EPA also (59 FR 7629, February 16, 1994). Interstate Rule (CAIR) or CSAPR in its finds that Illinois has met the In addition, the SIP is not approved regional haze SIP. 82 FR 48432. EPA’s requirements for a determination of to apply on any Indian reservation land position reflects the statement made by adequacy of its regional haze plan with or in any other area where EPA or an Illinois in its regional haze progress the progress report. Indian tribe has demonstrated that a report that ‘‘Illinois does not rely on the tribe has jurisdiction. In those areas of use of the Clean Air Interstate Rule IV. Statutory and Executive Order Indian country, the rule does not have (CAIR) or CSAPR to satisfy its regional Reviews tribal implications and will not impose haze requirements.’’ Instead, Illinois Under the CAA, the Administrator is substantial direct costs on tribal used state rules and other measures to required to approve a SIP submission governments or preempt tribal law as satisfy the Regional Haze Rule that complies with the provisions of the specified by Executive Order 13175 (65 requirements for Best Available Retrofit CAA and applicable Federal regulations. FR 67249, November 9, 2000). Technology (BART) in 40 CFR 42 U.S.C. 7410(k); 40 CFR 52.02(a). The Congressional Review Act, 5 51.308(e). Thus, in reviewing SIP submissions, U.S.C. 801 et seq., as added by the Small The progress report does contain a list EPA’s role is to approve state choices, Business Regulatory Enforcement of modeled ‘‘on-the-books’’ control provided that they meet the criteria of Fairness Act of 1996, generally provides measures used in the analysis for the the CAA. Accordingly, this action that before a rule may take effect, the Illinois regional haze plan. The progress merely approves state law as meeting agency promulgating the rule must report states, ‘‘that these control Federal requirements and does not submit a rule report, which includes a measures were used in the future year impose additional requirements beyond copy of the rule, to each House of the modeling prepared by the Midwest those imposed by state law. For that Congress and to the Comptroller General Regional Planning Organization (MRPO) reason, this action: of the United States. EPA will submit a prior to the Illinois SIP submittal and • Is not a significant regulatory action report containing this action and other are expected to be implemented subject to review by the Office of required information to the U.S. Senate, between 2002 and 2018.’’ The modeling Management and Budget under the U.S. House of Representatives, and analysis prepared by MRPO included Executive Orders 12866 (58 FR 51735, the Comptroller General of the United reductions from CAIR, as well as other October 4, 1993) and 13563 (76 FR 3821, States prior to publication of the rule in existing federal measures, to assess January 21, 2011); the Federal Register. A major rule anticipated future visibility conditions. • Is not an Executive Order 13771 (82 cannot take effect until 60 days after it (See 77 FR 3971; January 26, 2012). FR 9339, February 2, 2017) regulatory is published in the Federal Register. Illinois did not rely on emission action because SIP approvals are This action is not a ‘‘major rule’’ as reductions from CAIR or CSAPR to exempted under Executive Order 12866; defined by 5 U.S.C. 804(2). satisfy the BART requirements because • Does not impose an information Under section 307(b)(1) of the CAA, the state demonstrated that the benefits collection burden under the provisions petitions for judicial review of this of Illinois’ alternative control strategy of the Paperwork Reduction Act (44 action must be filed in the United States satisfied the regional haze BART U.S.C. 3501 et seq.); Court of Appeals for the appropriate requirements. • Is certified as not having a circuit by June 11, 2018. Filing a We also note that CSAPR is being significant economic impact on a petition for reconsideration by the implemented at this time in Illinois and substantial number of small entities Administrator of this final rule does not other states. Given this, it is unclear under the Regulatory Flexibility Act (5 affect the finality of this action for the how the commenter’s concerns are U.S.C. 601 et seq.); purposes of judicial review nor does it relevant to the approvability of Illinois’ • Does not contain any unfunded extend the time within which a petition progress report. mandate or significantly or uniquely for judicial review may be filed, and EPA evaluated the Illinois progress affect small governments, as described shall not postpone the effectiveness of report which indicates that in the Unfunded Mandates Reform Act such rule or action. This action may not implementation of the control measures of 1995 (Pub. L. 104–4); be challenged later in proceedings to in its regional haze plan is on track to • Does not have Federalism enforce its requirements. (See section achieve the established regional haze implications as specified in Executive 307(b)(2)). visibility improvement goals for the first Order 13132 (64 FR 43255, August 10, List of Subjects in 40 CFR Part 52 implementation period. EPA finds that 1999); the Illinois progress report satisfies 40 • Is not an economically significant Environmental protection, Air CFR 51.308. regulatory action based on health or pollution control, Incorporation by safety risks subject to Executive Order reference, Intergovernmental relations, III. What action is EPA taking? 13045 (62 FR 19885, April 23, 1997); Nitrogen dioxide, Particulate matter, EPA is approving the regional haze • Is not a significant regulatory action Reporting and recordkeeping progress report submitted on February subject to Executive Order 13211 (66 FR requirements, Sulfur oxides, Volatile 1, 2017, as a revision to the Illinois SIP 28355, May 22, 2001); organic compounds.

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES 15746 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

Dated: April 3, 2018. PART 52—APPROVAL AND ‘‘Regional Haze Progress Report’’ Cathy Stepp, PROMULGATION OF immediately following the entry for Regional Administrator, Region 5. IMPLEMENTATION PLANS ‘‘Regional haze plan’’ to read as follows: 40 CFR part 52 is amended as follows: ■ 1. The authority citation for part 52 § 52.720 Identification of plan. continues to read as follows: * * * * * Authority: 42 U.S.C. 7401 et seq. (e) * * * ■ 2. In § 52.720, the table in paragraph (e) is amended by adding the entry

EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS

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

******* Regional Haze Progress Re- Statewide ...... 02/01/17 April 12, 2018, [insert Fed- port. eral Register citation].

*******

[FR Doc. 2018–07519 Filed 4–11–18; 8:45 am] the regional haze SIP, submitted updates to the Enhanced Smoke BILLING CODE 6560–50–P concurrently with the progress report. Management Plan, Long-Term Strategy, DATES: This final rule is effective May and Commitment to Future 308 Plan 14, 2018. Revision sections of the regional haze ENVIRONMENTAL PROTECTION ADDRESSES: The EPA has established a SIP, submitted concurrently with the AGENCY docket for this action under Docket ID progress report (83 FR 7002). An explanation of the Clean Air Act 40 CFR Part 52 No. EPA–R10–OAR–2016–0749. All documents in the docket are listed on requirements, a detailed analysis of the the https://www.regulations.gov submittal, and the EPA’s reasons for [EPA–R10–OAR–2016–0749; FRL–9976– proposing approval were provided in 71—Region 10] website. Although listed in the index, some information may not be publicly the notice of proposed rulemaking, and Approval and Promulgation of State available, i.e., Confidential Business will not be restated here. The public Implementation Plans; Alaska: Information or other information the comment period for the proposal ended Regional Haze Progress Report disclosure of which is restricted by March 19, 2018. We received no adverse statute. Certain other material, such as comments.1 AGENCY: Environmental Protection copyrighted material, is not placed on II. Final Action Agency (EPA). the internet and is publicly available ACTION: Final rule. only in hard copy form. Publicly The EPA is approving the Alaska available docket materials are available Regional Haze Progress Report SUMMARY: The Environmental Protection at https://www.regulations.gov and at submitted on March 10, 2016, as Agency (EPA) is approving a revision to EPA Region 10, Office of Air and Waste, meeting the applicable requirements of the Alaska regional haze State 1200 Sixth Avenue, Seattle, Washington the Clean Air Act and the federal Implementation Plan (SIP), submitted 98101. The EPA requests that you Regional Haze Rule, as set forth in 40 by the State of Alaska on March 10, contact the person listed in the FOR CFR 51.308(g). The EPA has determined 2016. Alaska submitted its Regional FURTHER INFORMATION CONTACT section to that the existing regional haze SIP is Haze Progress Report (‘‘progress report’’ schedule your inspection. The Regional adequate to meet the state’s visibility or ‘‘report’’) and a negative declaration Office’s official hours of business are goals and requires no substantive stating that further revision of the Monday through Friday, 8:30 to 4:30, revision at this time, as set forth in 40 existing regional haze SIP is not needed excluding federal holidays. CFR 51.308(h). We have also at this time. Alaska submitted both the determined that Alaska fulfilled the FOR FURTHER INFORMATION CONTACT: Jeff requirements in 40 CFR 51.308(i) progress report and the negative Hunt, Air Planning Unit, Office of Air regarding state coordination with declaration in the form of and Waste (OAW–150), EPA Region 10, Federal Land Managers. Lastly, we are implementation plan revisions as 1200 Sixth Ave Suite 900, Seattle, WA approving updates to the Enhanced required by federal regulations. The 98101; telephone number: (206) 553– Smoke Management Plan, Long-Term progress report addresses the federal 0256; email address: [email protected]. Regional Haze Rule requirements under Strategy, and Commitment to Future SUPPLEMENTARY INFORMATION: the Clean Air Act to submit a report 308 Plan Revision sections of the describing progress in achieving Table of Contents regional haze SIP, submitted concurrently with the Alaska Regional reasonable progress goals established for I. Background Information regional haze and a determination of the II. Final Action Haze Progress Report. adequacy of the state’s existing plan III. Statutory and Executive Orders Review addressing regional haze. We are also 1 We received two comments in support of the approving minor updates to the I. Background Information proposed approval. We also received five comments that were not germane to the regional haze program Enhanced Smoke Management Plan, On February 16, 2018, the EPA or the Alaska submission. See ‘‘AK RH 5 year Long-Term Strategy, and Commitment proposed to approve Alaska’s Regional progress_Memo to File reComment’’ included in the to Future 308 Plan Revision sections of Haze Progress Report, as well as minor docket for this action.

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations 15747

III. Statutory and Executive Orders • is not a significant regulatory action appropriate circuit by June 11, 2018. Review subject to Executive Order 13211 (66 FR Filing a petition for reconsideration by Under the Clean Air Act, the 28355, May 22, 2001); the Administrator of this final rule does • is not subject to requirements of Administrator is required to approve a not affect the finality of this action for Section 12(d) of the National SIP submission that complies with the the purposes of judicial review nor does Technology Transfer and Advancement provisions of the Clean Air Act and it extend the time within which a Act of 1995 (15 U.S.C. 272 note) because applicable federal regulations. 42 U.S.C. petition for judicial review may be filed, this action does not involve technical 7410(k); 40 CFR 52.02(a). Thus, in and shall not postpone the effectiveness standards; and of such rule or action. This action may reviewing SIP submissions, the EPA’s • does not provide the EPA with the not be challenged later in proceedings to role is to approve state choices, discretionary authority to address, as provided that they meet the criteria of enforce its requirements (See section appropriate, disproportionate human 307(b)(2)). the CAA. Accordingly, this action health or environmental effects, using merely approves state law as meeting practicable and legally permissible List of Subjects in 40 CFR Part 52 federal requirements and does not methods, under Executive Order 12898 Environmental protection, Air impose additional requirements beyond (59 FR 7629, February 16, 1994). those imposed by state law. For that pollution control, Carbon monoxide, The SIP is not approved to apply on Incorporation by reference, reason, this action: any Indian reservation land and is also • Intergovernmental relations, Lead, Is not a ‘‘significant regulatory not approved to apply in any other area action’’ subject to review by the Office Nitrogen dioxide, Ozone, Particulate where the EPA or an Indian tribe has matter, Reporting and recordkeeping of Management and Budget under demonstrated that a tribe has Executive Orders 12866 (58 FR 51735, requirements, Sulfur oxides, Volatile jurisdiction. In those areas of Indian organic compounds. October 4, 1993) and 13563 (76 FR 3821, country, the rule does not have tribal January 21, 2011); implications as specified by Executive Dated: April 3, 2018. • is not an Executive Order 13771 (82 Order 13175 (65 FR 67249, November 9, Chris Hladick, FR 9339, February 2, 2017) regulatory 2000). Regional Administrator, Region 10. action because actions such as SIP The Congressional Review Act, 5 For the reasons set forth in the approvals are exempted under U.S.C. 801 et seq., as added by the Small preamble, 40 CFR part 52 is amended as Executive Order 12866; Business Regulatory Enforcement follows: • does not impose an information Fairness Act of 1996, generally provides collection burden under the provisions that before a rule may take effect, the PART 52—APPROVAL AND of the Paperwork Reduction Act (44 agency promulgating the rule must PROMULGATION OF U.S.C. 3501 et seq.); submit a rule report, which includes a IMPLEMENTATION PLANS • is certified as not having a copy of the rule, to each House of the significant economic impact on a Congress and to the Comptroller General ■ 1. The authority citation for part 52 substantial number of small entities of the United States. The EPA will continues to read as follows: under the Regulatory Flexibility Act (5 submit a report containing this action Authority: 42 U.S.C. 7401 et seq. U.S.C. 601 et seq.); and other required information to the • does not contain any unfunded U.S. Senate, the U.S. House of Subpart C—Alaska mandate or significantly or uniquely Representatives, and the Comptroller affect small governments, as described General of the United States prior to ■ 2. In § 52.70, the table in paragraph (e) in the Unfunded Mandates Reform Act publication of the rule in the Federal is amended by revising the entries for of 1995 (Pub. L. 104–4); Register. A major rule cannot take effect ‘‘II.III.K. Area Wide Pollutant Control • does not have Federalism until 60 days after it is published in the Program for Regional Haze’’ and implications as specified in Executive Federal Register. This action is not a ‘‘III.III.K. Area Wide Pollutant Control Order 13132 (64 FR 43255, August 10, ‘‘major rule’’ as defined by 5 U.S.C. Program for Regional Haze’’ to read as 1999); 804(2). follows: • is not an economically significant Under section 307(b)(1) of the Clean regulatory action based on health or Air Act, petitions for judicial review of § 52.70 Identification of plan. safety risks subject to Executive Order this action must be filed in the United * * * * * 13045 (62 FR 19885, April 23, 1997); States Court of Appeals for the (e) * * *

EPA–APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI–REGULATORY MEASURES

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

State of Alaska Air Quality Control Plan: Volume II. Analysis of Problems, Control Actions

*******

Section III. Areawide Pollutant Control Program

******* II.III.K. Area Wide Pollutant Statewide ...... 3/10/2016 4/12/2018, ...... Control Program for Re- [Insert Federal Register ci- gional Haze. tation].

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES 15748 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

EPA–APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI–REGULATORY MEASURES—Continued

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

*******

State of Alaska Air Quality Control Plan: Volume III. Appendices

*******

Section III. Areawide Pollutant Control Program

******* III.III.K. Area Wide Pollutant Statewide ...... 3/10/2016 4/12/2018, ...... Control Program for Re- [Insert Federal Register ci- gional Haze. tation].

*******

[FR Doc. 2018–07520 Filed 4–11–18; 8:45 am] Monday through Friday, excluding legal idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ BILLING CODE 6560–50–P holidays. The telephone number for the 40tab_02.tpl. Public Reading Room is (202) 566–1744, C. How can I file an objection or hearing and the telephone number for the OPP request? ENVIRONMENTAL PROTECTION Docket is (703) 305–5805. Please review AGENCY the visitor instructions and additional Under FFDCA section 408(g), 21 information about the docket available U.S.C. 346a, any person may file an 40 CFR Part 180 at http://www.epa.gov/dockets. objection to any aspect of this regulation [EPA–HQ–OPP–2016–0651; FRL–9975–01] FOR FURTHER INFORMATION CONTACT: and may also request a hearing on those Michael L. Goodis, Registration Division objections. You must file your objection Clethodim; Pesticide Tolerances (7505P), Office of Pesticide Programs, or request a hearing on this regulation Environmental Protection Agency, 1200 in accordance with the instructions AGENCY: Environmental Protection provided in 40 CFR part 178. To ensure Agency (EPA). Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: proper receipt by EPA, you must ACTION: Final rule. (703) 305–7090; email address: identify docket ID number EPA–HQ– OPP–2016–0651 in the subject line on SUMMARY: This regulation establishes [email protected]. the first page of your submission. All tolerances for residues of clethodim in SUPPLEMENTARY INFORMATION: objections and requests for a hearing or on multiple commodities which are I. General Information must be in writing, and must be identified and discussed later in this received by the Hearing Clerk on or document. In addition, this regulation A. Does this action apply to me? before June 11, 2018. Addresses for mail removes several previously established You may be potentially affected by and hand delivery of objections and tolerances that are superseded by this this action if you are an agricultural hearing requests are provided in 40 CFR final rule. Interregional Research Project producer, food manufacturer, or 178.25(b). Number 4 (IR–4) requested these pesticide manufacturer. The following In addition to filing an objection or tolerances under the Federal Food, list of North American Industrial hearing request with the Hearing Clerk Drug, and Cosmetic Act (FFDCA). Classification System (NAICS) codes is as described in 40 CFR part 178, please DATES: This regulation is effective April not intended to be exhaustive, but rather submit a copy of the filing (excluding 12, 2018. Objections and requests for provides a guide to help readers any Confidential Business Information hearings must be received on or before determine whether this document (CBI)) for inclusion in the public docket. June 11, 2018, and must be filed in applies to them. Potentially affected Information not marked confidential accordance with the instructions entities may include: pursuant to 40 CFR part 2 may be provided in 40 CFR part 178 (see also • Crop production (NAICS code 111). disclosed publicly by EPA without prior Unit I.C. of the SUPPLEMENTARY • Animal production (NAICS code notice. Submit the non-CBI copy of your INFORMATION). 112). objection or hearing request, identified ADDRESSES: The docket for this action, • Food manufacturing (NAICS code by docket ID number EPA–HQ–OPP– identified by docket identification (ID) 311). 2016–0651, by one of the following number EPA–HQ–OPP–2016–0651, is • Pesticide manufacturing (NAICS methods: available at http://www.regulations.gov code 32532). • Federal eRulemaking Portal: http:// or at the Office of Pesticide Programs www.regulations.gov. Follow the online Regulatory Public Docket (OPP Docket) B. How can I get electronic access to instructions for submitting comments. in the Environmental Protection Agency other related information? Do not submit electronically any Docket Center (EPA/DC), West William You may access a frequently updated information you consider to be CBI or Jefferson Clinton Bldg., Rm. 3334, 1301 electronic version of EPA’s tolerance other information whose disclosure is Constitution Ave. NW, Washington, DC regulations at 40 CFR part 180 through restricted by statute. 20460–0001. The Public Reading Room the Government Printing Office’s e-CFR • Mail: OPP Docket, Environmental is open from 8:30 a.m. to 4:30 p.m., site at http://www.ecfr.gov/cgi-bin/text- Protection Agency Docket Center (EPA/

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations 15749

DC), (28221T), 1200 Pennsylvania Ave. received on the notice of filing. EPA’s hepatic hypertrophy. Most liver effects NW, Washington, DC 20460–0001. responses to these comments are that occurred at or below 100 • Hand Delivery: To make special discussed in Unit IV.C. milligrams/kilogram body weight (mg/ arrangements for hand delivery or Consistent with the authority in kg bw) were considered as adaptive delivery of boxed information, please FFDCA 408(d)(4)(A)(i), EPA is issuing effects and not adverse. Decreased body follow the instructions at http:// tolerances that vary from what the weight was also a common finding www.epa.gov/dockets/contacts.html. petitioner sought. The reason for these across studies and species. In the 1-year Additional instructions on changes is explained in Unit IV.D. dog oral toxicity study, hematological commenting or visiting the docket, changes such as increased platelet and along with more information about III. Aggregate Risk Assessment and Determination of Safety leukocyte counts and slight elevation of dockets generally, is available at http:// glucose levels (in dogs only) were also www.epa.gov/dockets. Section 408(b)(2)(A)(i) of FFDCA seen. allows EPA to establish a tolerance (the No developmental effects were II. Summary of Petitioned-For legal limit for a pesticide chemical Tolerance present in the rabbits. In the rat residue in or on a food) only if EPA developmental toxicity study, reduced In the Federal Register of March 23, determines that the tolerance is ‘‘safe.’’ fetal body weights and an increase in 2017 (82 FR 14846) (FRL–9957–99), Section 408(b)(2)(A)(ii) of FFDCA the incidence of delayed ossification of EPA issued a document pursuant to defines ‘‘safe’’ to mean that ‘‘there is a the lower vertebrae were seen at the FFDCA section 408(d)(3), 21 U.S.C. reasonable certainty that no harm will dose (350 mg/kg/day) where maternal 346a(d)(3), announcing the filing of a result from aggregate exposure to the toxicity (excessive salivation and pesticide petition (PP 6E8510) by pesticide chemical residue, including lacrimation, red nasal discharge) was Interregional Research Project Number 4 all anticipated dietary exposures and all also observed. No reproductive or (IR–4), 500 College Road East, Suite 201 other exposures for which there is offspring effects were seen in the 2- W, Princeton NJ 08540. The petition reliable information.’’ This includes generation rat reproduction study. requested that 40 CFR 180.458 be exposure through drinking water and in Therefore, the toxicity data showed no amended by establishing tolerances for residential settings, but does not include increased susceptibility in the young. residues of the herbicide, clethodim, 2- occupational exposure. Section The clethodim database also showed no [(1E)-1-[[[(2E)-3-chloro-2- 408(b)(2)(C) of FFDCA requires EPA to potential for neurotoxicity or propenyl]oxy]imino]propyl]-5-[2- give special consideration to exposure immunotoxicity. (ethylthio)propyl]-3-hydroxy-2- of infants and children to the pesticide Results of rat and mouse cyclohexen-1-one, and its metabolites chemical residue in establishing a carcinogenicity studies did not show containing the 5-(2- tolerance and to ‘‘ensure that there is a treatment-related increases in tumor ethylthiopropyl)cyclohexene-3-one and reasonable certainty that no harm will incidence. Therefore, clethodim is not 5-(2-ethylthiopropyl)-5- result to infants and children from shown to be genotoxic and is classified hydroxycyclohexene-3-one moieties and aggregate exposure to the pesticide as ‘‘not likely to be carcinogenic to their sulphoxides and sulphones, chemical residue. . . .’’ humans.’’ calculated as the stoichiometric Consistent with FFDCA section Specific information on the studies equivalent of clethodim, in or on 408(b)(2)(D), and the factors specified in received and the nature of the adverse almond, hulls at 0.2 parts per million FFDCA section 408(b)(2)(D), EPA has effects caused by clethodim as well as (ppm); Brassica, leafy greens, subgroup reviewed the available scientific data the no-observed-adverse-effect-level 4–16B at 3.0 ppm; leaf petiole vegetable and other relevant information in (NOAEL) and the lowest-observed- subgroup 22B at 0.60 ppm; leafy greens support of this action. EPA has adverse-effect-level (LOAEL) from the subgroup 4–16A at 2.0 ppm; nut, tree, sufficient data to assess the hazards of, toxicity studies can be found at http:// group 14–12 at 0.2 ppm; okra at 1.5 and to make a determination on www.regulations.gov in document ppm; onion, green, subgroup 3–07B at aggregate exposure for clethodim entitled, ‘‘SUBJECT: Clethodim. Human 2.0 ppm; stalk and stem vegetable including exposure resulting from the Health Aggregate Risk Assessment for subgroup 22A at 1.7 ppm; vegetable, tolerances established by this action. the Proposed New Uses on Tree Nut Brassica, head and stem, group 5–16 at EPA’s assessment of exposures and risks Group 14–12; Okra; Crop Group 3.0 ppm; and vegetable, fruiting, group associated with clethodim follows. Conversions for Brassica Leafy Greens 8–10, except okra at 1.0 ppm. Upon Subgroup 4–16B; Leafy Green Subgroup establishment of proposed tolerances A. Toxicological Profile 4–16A; Leaf Petiole Vegetable Subgroup above, the Petitioner requests that 40 EPA has evaluated the available 22B; Stalk and Stem Vegetable CFR part 180.458 be amended by toxicity data and considered their Subgroup 22A; Vegetable, Brassica Head removing existing tolerances for validity, completeness, and reliability as and Stem, Group 5–16; Expansion of residues of clethodim in or on the raw well as the relationship of the results of Commodity Residue Tolerance to Green agricultural commodities asparagus at the studies to human risk. EPA has also Onion Subgroup 3–07B and Response to 1.7 ppm; Brassica, head and stem, considered available information 6(a)(2) Data Submission’’ dated March subgroup 5A at 3.0 ppm; Brassica, leafy concerning the variability of the 19, 2018 at 33–38 in docket ID number greens, subgroup 5B at 3.0 ppm; leaf sensitivities of major identifiable EPA–HQ–OPP–2016–0651. petioles subgroup 4B at 0.60 ppm; leafy subgroups of consumers, including greens subgroup 4A at 2.0 ppm; onion, infants and children. B. Toxicological Points of Departure/ green at 2.0 ppm; turnip, greens at 3.0 The clethodim toxicity database Levels of Concern ppm; and vegetable, fruiting, group 8–10 shows relatively low toxicity with the Once a pesticide’s toxicological at 1.0 ppm that are superseded by this liver being the target organ based on profile is determined, EPA identifies final rule. That document referenced a repeated dosing by either oral or dermal toxicological points of departure (POD) summary of the petition prepared by routes in rats, mice, and dogs. The and levels of concern to use in Valent USA Corporation, the registrant, observed liver effects are characterized evaluating the risk posed by human which is available in the docket, http:// by increased liver weights, clinical exposure to the pesticide. For hazards www.regulations.gov. Comments were chemistry changes, and centrilobular that have a threshold below which there

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES 15750 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

is no appreciable risk, the toxicological default processing factors were into the dietary exposure model. For POD is used as the basis for derivation assumed, except where tolerances were acute dietary risk assessment, the water of reference values for risk assessment. established for processed commodities. concentration value of 1,430 ppb was PODs are developed based on a careful ii. Chronic exposure. In conducting used to assess the contribution to analysis of the doses in each the chronic dietary exposure assessment drinking water. For chronic dietary risk toxicological study to determine the EPA used DEEM–FCID, Version 3.16, assessment, the water concentration of dose at which no adverse effects are which incorporates 2003–2008 food value 1,150 ppb was used to assess the observed (the NOAEL) and the lowest consumption data from the USDA’s contribution to drinking water. dose at which adverse effects of concern NHANES/WWEIA. As to residue levels 3. From non-dietary exposure. The are identified (the LOAEL). Uncertainty/ in food, EPA conducted unrefined term ‘‘residential exposure’’ is used in safety factors are used in conjunction chronic dietary analyses assuming this document to refer to non- with the POD to calculate a safe tolerance levels for all commodities and occupational, non-dietary exposure exposure level—generally referred to as 100 PCT. DEEM version 7.81 default (e.g., for lawn and garden pest control, a population-adjusted dose (PAD) or a processing factors were assumed, except indoor pest control, termiticides, and reference dose (RfD)—and a safe margin where tolerances were established for flea and tick control on pets). of exposure (MOE). For non-threshold processed commodities. Clethodim is currently registered for risks, the Agency assumes that any iii. Cancer. Based on the data the following uses that could result in amount of exposure will lead to some summarized in Unit III.A., EPA has residential exposures: In and around degree of risk. Thus, the Agency concluded that clethodim does not pose ornamental plant beds, landscaped area, estimates risk in terms of the probability a cancer risk to humans. Therefore, a trees, and ground covers (mulch). EPA of an occurrence of the adverse effect dietary exposure assessment for the assessed residential exposure using the expected in a lifetime. For more purpose of assessing cancer risk is following assumptions: information on the general principles unnecessary. In a reassessment of existing EPA uses in risk characterization and a iv. Anticipated residue and PCT residential uses of clethodim conducted complete description of the risk information. EPA did not use to reflect updates to EPA’s 2012 assessment process, see http:// anticipated residue or PCT information Residential SOPs along with policy www2.epa.gov/pesticide-science-and- in the dietary assessment for clethodim. changes for body weight assumptions, assessing-pesticide-risks/assessing- Tolerance-level residues and 100 PCT the Agency assessed short-term human-health-risk-pesticides. were assumed for all food commodities. residential handler (adult only) A summary of the toxicological 2. Dietary exposure from drinking inhalation exposure. There is potential endpoints for clethodim used for human water. The Agency used screening-level residential dermal post-application risk assessment is discussed in Unit III water exposure models in the dietary exposure from the existing use of of the final rule published in the exposure analysis and risk assessment clethodim on ornamentals. However, Federal Register of May 6, 2016 (81 FR for clethodim in drinking water. These since there is no adverse systemic 27339) (FRL–9945–68). simulation models take into account hazard via the dermal route of exposure, data on the physical, chemical, and fate/ and there is no incidental oral exposure C. Exposure Assessment transport characteristics of clethodim. expected from clethodim use on 1. Dietary exposure from food and Further information regarding EPA ornamental plants, a residential post- feed uses. In evaluating dietary drinking water models used in pesticide application assessment has not been exposure to clethodim, EPA considered exposure assessment can be found at conducted. Further information exposure under the petitioned-for http://www2.epa.gov/pesticide-science- regarding EPA standard assumptions tolerances as well as all existing and-assessing-pesticide-risks/about- and generic inputs for residential clethodim tolerances in 40 CFR 180.458. water-exposure-models-used-pesticide. exposures may be found at http:// EPA assessed dietary exposures from Surface and ground water www2.epa.gov/pesticide-science-and- clethodim in food as follows: contamination may occur from assessing-pesticide-risks/standard- i. Acute exposure. Quantitative acute clethodim as well as its sulfoxide and operating-procedures-residential- dietary exposure and risk assessments sulfone degradates. Exposure from water pesticide. are performed for a food-use pesticide, contamination is primarily associated 4. Cumulative effects from substances if a toxicological study has indicated the with clethodim sulfone and clethodim with a common mechanism of toxicity. possibility of an effect of concern sulfoxide rather than parent clethodim Section 408(b)(2)(D)(v) of FFDCA occurring as a result of a 1-day or single based on greater persistence and requires that, when considering whether exposure. mobility of these degradates. Thus, the to establish, modify, or revoke a Such effects were identified for exposure assessments were based on the tolerance, the Agency consider clethodim. In estimating acute dietary total toxic residue rather than parent ‘‘available information’’ concerning the exposure, EPA used the Dietary only. cumulative effects of a particular Exposure Evaluation Model software Based on the First Index Reservoir pesticide’s residues and ‘‘other with the Food Commodity Intake Screening Tool (FIRST) and Pesticide substances that have a common Database (DEEM–FCID), Version 3.16, Root Zone Model Ground Water (PRZM mechanism of toxicity.’’ which incorporates 2003–2008 food GW), the estimated drinking water EPA has not found clethodim to share consumption data from the U.S. concentrations (EDWCs) of clethodim a common mechanism of toxicity with Department of Agriculture’s (USDA’s) for acute exposures are estimated to be any other substances, and clethodim National Health and Nutrition 330 parts per billion (ppb) for surface does not appear to produce a toxic Examination Survey, What We Eat in water and 1,430 ppb for ground water. metabolite produced by other America, (NHANES/WWEIA). As to For chronic exposures for non-cancer substances. For the purposes of this residue levels in food, EPA conducted assessments EDWCs are estimated to be tolerance action, therefore, EPA has unrefined acute dietary analyses 137 ppb for surface water and 1,150 ppb assumed that clethodim does not have assuming tolerance levels for all for ground water. a common mechanism of toxicity with commodities and 100 percent crop- Modeled estimates of drinking water other substances. For information treated (PCT). DEEM version 7.81 concentrations were directly entered regarding EPA’s efforts to determine

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations 15751

which chemicals have a common compared to adults in the 2-generation short-term residential exposure plus mechanism of toxicity and to evaluate rat reproduction toxicity study. In the chronic exposure to food and water the cumulative effects of such rat developmental study, reduced (considered to be a background chemicals, see the policy statements ossification seen at the same dose that exposure level). Clethodim is currently released by EPA’s Office of Pesticide resulted in maternal toxicity is registered for uses that could result in Programs concerning common considered secondary to reduced short-term residential exposure, and the mechanism determinations and maternal body weight, and is not Agency has determined that it is procedures for cumulating effects from considered qualitative susceptibility. appropriate to aggregate chronic substances found to have a common iv. There are no residual uncertainties exposure through food and water with mechanism on EPA’s website at http:// identified in the exposure databases. short-term residential exposures to www2.epa.gov/pesticide-science-and- The dietary food exposure assessments clethodim. assessing-pesticide-risks/cumulative- were determined based on 100 PCT and Using the exposure assumptions assessment-risk-pesticides. tolerance-level residues. EPA made described in this unit for short-term conservative (protective) assumptions in exposures, EPA has concluded the D. Safety Factor for Infants and the ground and surface water modeling Children combined short-term food, water, and used to assess exposure to clethodim in residential exposures result in a short- 1. In general. Section 408(b)(2)(C) of drinking water. Post application term aggregate risk estimate for adults FFDCA provides that EPA shall apply exposure of children and incidental oral ages 20 to 49 is a MOE of 2,100. Because an additional tenfold (10X) margin of exposures to toddlers are expected to be EPA’s level of concern for clethodim is safety for infants and children in the negligible. All exposure estimates are a MOE of 100 or below, this MOE is not case of threshold effects to account for based on conservative assumptions that of concern. prenatal and postnatal toxicity and the will not underestimate the exposure and 4. Intermediate-term risk. completeness of the database on toxicity risks posed by clethodim. Intermediate-term aggregate exposure and exposure unless EPA determines takes into account intermediate-term based on reliable data that a different E. Aggregate Risks and Determination of Safety residential exposure plus chronic margin of safety will be safe for infants exposure to food and water (considered and children. This additional margin of EPA determines whether acute and to be a background exposure level). safety is commonly referred to as the chronic dietary pesticide exposures are Intermediate-term exposure is not FQPA Safety Factor (SF). In applying safe by comparing aggregate exposure expected for the residential exposure this provision, EPA either retains the estimates to the acute PAD (aPAD) and pathway. Therefore, the intermediate- default value of 10X, or uses a different chronic PAD (cPAD). For linear cancer term aggregate exposure would be additional safety factor when reliable risks, EPA calculates the lifetime equivalent to the chronic dietary data available to EPA support the choice probability of acquiring cancer given the exposure estimate. of a different factor. estimated aggregate exposure. Short-, 5. Aggregate cancer risk for U.S. 2. Prenatal and postnatal sensitivity. intermediate-, and chronic-term risks population. Based on the lack of There is no evidence of increased are evaluated by comparing the evidence of carcinogenicity in two susceptibility of fetuses as compared to estimated aggregate food, water, and adequate rodent carcinogenicity studies, maternal animals following in utero residential exposure to the appropriate clethodim is not expected to pose a and/or postnatal exposure to clethodim PODs to ensure that an adequate MOE cancer risk to humans. in the developmental toxicity studies in exists. 6. Determination of safety. Based on rats or rabbits, and no increased 1. Acute risk. An acute aggregate risk these risk assessments, EPA concludes sensitivity in pups as compared to assessment takes into account acute that there is a reasonable certainty that adults in the 2-generation rat exposure estimates from dietary no harm will result to the general reproduction toxicity study. There are consumption of food and drinking population, or to infants and children no residual uncertainties concerning water. The acute aggregate risk is from aggregate exposure to clethodim prenatal and postnatal toxicity. equivalent to the acute dietary risk. residues. 3. Conclusion. EPA has determined Using the exposure assumptions that reliable data show the safety of discussed in this unit for acute IV. Other Considerations exposure, the acute dietary exposure infants and children would be A. Analytical Enforcement Methodology adequately protected if the FQPA SF from food and water to clethodim will were reduced to 1X. That decision is occupy 29% of the aPAD, at the 95th Adequate analytical methods are based on the following findings: percentile of exposure for all infants (<1 available for enforcing clethodim i. The toxicity database for clethodim year old), the population group tolerances in/on the proposed/registered is complete and sufficient for selecting receiving the greatest exposure. plant commodities. Samples were toxicity endpoints and PODs for 2. Chronic risk. Using the exposure analyzed for residues of clethodim and assessing risks. assumptions described in this unit for metabolites containing the 2- ii. There is no indication that chronic exposure, EPA has concluded cyclohexen-1-one moiety using the gas clethodim is a neurotoxic chemical and that chronic exposure to clethodim from chromatography/mass spectroscopy there is no need for a developmental food and water will utilize 30% of the (GC/MS) Method YARL–0602D, adapted neurotoxicity study or additional UFs to cPAD for all infants (<1 year old) the from Method RM–26B–3 entitled, ‘‘The account for neurotoxicity. population group receiving the greatest Determination of Clethodim Residues in iii. There is no evidence that exposure. There are no chronic Crops, Chicken and Beef Tissues, Milk clethodim results in increased residential exposure scenarios. and Eggs’’ (revision dated January 20, susceptibility of fetuses as compared to Therefore, the chronic aggregate risk 1994). The method converts residues of maternal animals following in utero would be equivalent to the chronic clethodim and metabolites to clethodim and/or postnatal exposure to clethodim dietary exposure (food and drinking sulfoxide (CSO) and clethodim 5 in the prenatal developmental toxicity water) estimate. hydroxy sulfoxide (5–OH CSO2), which studies in rats or rabbits, and no 3. Short-term risk. Short-term are determined as their dimethyl esters increased sensitivity in pups as aggregate exposure takes into account (DME and DME–OH, respectively).

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES 15752 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

Method RM–26B–3 is the enforcement meets the safety standard imposed by will need to be in compliance with the method for tolerances for clethodim that statute. When new or amended new tolerance levels. including its metabolites and tolerances are requested for residues of The tolerance level is appropriate degradates. a pesticide in food or feed, the Agency, based on available data and residue The method may be requested from: as is required by section 408 of FFDCA, levels resulting from registered use Chief, Analytical Chemistry Branch, estimates the risk of the potential patterns. The tolerance levels are not Environmental Science Center, 701 exposure to these residues. The Agency discriminatory; the same food safety Mapes Rd., Ft. Meade, MD 20755–5350; has conducted that risk assessment, standard contained in the FFDCA telephone number: (410) 305–2905; which includes the consideration of applies equally to domestically email address: residuemethods@ long-term animal studies with produced and imported foods. None of epa.gov. clethodim, and concluded that there is the other tolerance actions taken in this rulemaking restrict permissible B. International Residue Limits a reasonable certainty that no harm will result from aggregate human exposure to pesticide residues below currently In making its tolerance decisions, EPA clethodim and that, accordingly, the use allowed levels in the United States. seeks to harmonize U.S. tolerances with of clethodim on petitioned-for food Any commodities listed in the international standards whenever commodities is ‘‘safe.’’ regulatory text of this document that are possible, consistent with U.S. food treated with the pesticides subject to safety standards and agricultural D. Revisions to Petitioned-For this final rule, and that are in the practices. EPA considers the Tolerances channels of trade following the international maximum residue limits In accordance with its standard expiration of the tolerance, shall be (MRLs) established by the Codex practice to provide greater precision subject to FFDCA section 408(1)(5). Alimentarius Commission (Codex), as about the levels of residues that are Under this unit, any residues of these required by FFDCA section 408(b)(4). permitted by a tolerance, EPA is adding pesticides in or on such food shall not The Codex Alimentarius is a joint an additional significant figure to the render the food adulterated so long as it United Nations Food and Agriculture petitioned-for tolerance values for is shown to the satisfaction of the Food Organization/World Health Almond hulls and Nut, tree, group 14– and Drug Administration that: Organization food standards program, 1. The residue is present as the result 12. This is to avoid the situation where and it is recognized as an international of an application or use of the pesticide residues may be higher than the food safety standards-setting at a time and in a manner that was tolerance level, but as a result of organization in trade agreements to lawful under FIFRA. rounding would be considered non- which the United States is a party. EPA 2. The residue does not exceed the violative (for example, Almond may establish a tolerance that is level that was authorized at the time of tolerance proposed at 0.2 ppm was different from a Codex MRL; however, the application or use to be present on established at 0.20 ppm, to avoid an FFDCA section 408(b)(4) requires that the food under a tolerance or exemption observed hypothetical tolerance at 0.24 EPA explain the reasons for departing from tolerance. Evidence to show that ppm being rounded to 0.2 ppm). from the Codex level. food was lawfully treated may include There are no Codex MRLs for E. International Trade Considerations records that verify the dates that the clethodim and its metabolites in or on pesticide was applied to such food. the crops associated with this action. In this final rule, EPA is establishing a crop subgroup tolerance for subgroup V. Conclusion C. Response to Comments 22A (stalk and stem vegetable) at 1.7 Therefore, tolerances are established The Agency received four comments ppm. This subgroup includes the for residues of the herbicide clethodim, on the notice of filing (NOF) for this commodity kohlrabi, for which a 2-[(1E)-1-[[[(2E)-3-chloro-2- petition. While none of the commenters tolerance is currently set at 3.0 ppm, as propenyl]oxy]imino]propyl]-5-[2- mentioned any specific concerns with one of the commodities in the currently (ethylthio)propyl]-3-hydroxy-2- the clethodim tolerances noticed in the established tolerance for Brassica, head cyclohexen-1-one, and its metabolites NOF, two comments generally opposed and stem subgroup 5A. Setting a new containing the 5-(2- the use of chemicals or pesticides in or tolerance at 1.7 ppm on kohlrabi as part ethylthiopropyl)cyclohexene-3-one and food and two comments generally urged of subgroup 22A has a potentially trade 5-(2-ethylthiopropyl)-5- the Agency to ensure protection of the restrictive effect on the import of hydroxycyclohexene-3-one moieties and environment and human health by kohlrabi. In the 2016 crop grouping rule, their sulphoxides and sulphones, reviewing science and determining kohlrabi was moved to the stalk and calculated as the stoichiometric whether use of pesticide is safe for stem vegetable subgroup 22A. See 81 FR equivalent of clethodim, in or on human consumption. 26471 (May 3, 2016). Almond, hulls at 0.20 ppm; Brassica, The Agency recognizes that some In accordance with the World Trade Leafy, greens, subgroup 4–16B at 3.0 individuals believe that certain Organization’s (WTO) Sanitary and ppm; Leaf petiole vegetable subgroup pesticides are ‘‘toxic chemicals’’ that Phytosanitary Measures (SPS) 22B at 0.60 ppm; Leafy greens subgroup should not be permitted in our food; Agreement, EPA intends to promptly 4–16A at 2.0 ppm; Nut, tree, group 14– however, no new information publish this action with the WTO. In 12 at 0.20 ppm; Okra 1.5 ppm; Onion, demonstrating toxicity or exposure of addition, EPA is allowing the existing green, subgroup 3–07B at 2.0 ppm; Stalk clethodim that EPA could use to kohlrabi tolerance to remain in effect for and stem vegetable subgroup 22A at 1.7 evaluate the safety of the pesticide was six months following publication of this ppm; Vegetable, Brassica, head and provided by commenters. The existing rule in order to provide a six-month stem, group 5–16 at 3.0 ppm; and legal framework provided by section reasonable interval for producers in Vegetable, fruiting, group 8–10, except 408 of the Federal Food, Drug and exporting countries to adapt the okra at 1.0 ppm. In addition, established Cosmetic Act (FFDCA) states that modified tolerances. Before that date, tolerances in or on ‘‘Asparagus’’; tolerances may be set when persons residues of clethodim in or on kohlrabi ‘‘Brassica, head and stem, subgroup seeking such tolerances or exemptions will be permitted at the current 5A’’; ‘‘Brassica, leafy greens, subgroup have demonstrated that the pesticide tolerance levels; after that date, residues 5B’’; ‘‘Leaf petioles subgroup 4B’’;

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations 15753

‘‘Leafy greens subgroup 4A’’; ‘‘Onion, section 408(n)(4). As such, the Agency ‘‘Vegetable, fruiting, group 8–10’’; from green’’; ‘‘Turnip, greens’’; and has determined that this action will not the table in paragraph (a). ‘‘Vegetable, fruiting, group 8–10’’ are have a substantial direct effect on States ■ b. Add alphabetically the entries to removed as they are superseded by this or tribal governments, on the the table in paragraph (a) ‘‘Almond, final tolerance rule. To minimize the relationship between the national hulls’’; ‘‘Brassica, Leafy, greens, potential for trade irritation, the Agency government and the States or tribal subgroup 4–16B’’; ‘‘Kohlrabi’’; ‘‘Leaf is allowing the existing tolerance for governments, or on the distribution of petiole vegetable subgroup 22B’’; ‘‘Leafy kohlrabi to remain in place for six power and responsibilities among the months by adding an expiration date of various levels of government or between greens subgroup 4–16A’’; ‘‘Nut, tree, six months following publication of this the Federal Government and Indian group 14–12’’; ‘‘Okra’’; ‘‘Onion, green, rule to each individual tolerance. Since tribes. Thus, the Agency has determined subgroup 3–07B’’; ‘‘Stalk and stem kohlrabi is currently contained within that Executive Order 13132, entitled vegetable subgroup 22A’’; ‘‘Vegetable, the existing subgroup 5A tolerance, ‘‘Federalism’’ (64 FR 43255, August 10, Brassica, head and stem, group 5–16’’; which is being removed by this action, 1999) and Executive Order 13175, and ‘‘Vegetable, fruiting, group 8–10, the Agency is listing kohlrabi as a entitled ‘‘Consultation and Coordination except okra’’. separate tolerance at 3.0 ppm to remain with Indian Tribal Governments’’ (65 FR ■ c. Add footnote 1 to the table in in effect for a six-month period. 67249, November 9, 2000) do not apply paragraph (a). to this action. In addition, this action VI. Statutory and Executive Order The additions and revisions read as does not impose any enforceable duty or Reviews follows: contain any unfunded mandate as This action establishes tolerances described under Title II of the Unfunded under FFDCA section 408(d) in § 180.458 Clethodim; tolerances for Mandates Reform Act (UMRA) (2 U.S.C. residues. response to a petition submitted to the 1501 et seq.). Agency. The Office of Management and This action does not involve any (a) * * * Budget (OMB) has exempted these types technical standards that would require of actions from review under Executive Agency consideration of voluntary Parts per Commodity million Order 12866, entitled ‘‘Regulatory consensus standards pursuant to section Planning and Review’’ (58 FR 51735, 12(d) of the National Technology October 4, 1993). Because this action Transfer and Advancement Act ***** has been exempted from review under (NTTAA) (15 U.S.C. 272 note). Executive Order 12866, this action is Almond, hulls ...... 0.20 not subject to Executive Order 13211, VII. Congressional Review Act ***** entitled ‘‘Actions Concerning Pursuant to the Congressional Review Regulations That Significantly Affect Brassica, leafy, greens, sub- Act (5 U.S.C. 801 et seq.), EPA will group 4–16B ...... 3.0 Energy Supply, Distribution, or Use’’ (66 submit a report containing this rule and FR 28355, May 22, 2001) or Executive other required information to the U.S. ***** Order 13045, entitled ‘‘Protection of Senate, the U.S. House of Kohlrabi 1 ...... 3.0 Children from Environmental Health Representatives, and the Comptroller Leaf petiole vegetable subgroup Risks and Safety Risks’’ (62 FR 19885, General of the United States prior to 22B ...... 0.60 April 23, 1997)); or Executive Order publication of the rule in the Federal Leafy greens subgroup 4–16A ... 2.0 13771, entitled ‘‘Reducing Regulations Register. This action is not a ‘‘major and Controlling Regulatory Costs’’ (82 rule’’ as defined by 5 U.S.C. 804(2). ***** FR 9339, February 3, 2017). This action List of Subjects in 40 CFR Part 180 Nut, tree, group 14–12 ...... 0.20 does not contain any information Okra ...... 1.5 collections subject to OMB approval Environmental protection, under the Paperwork Reduction Act Administrative practice and procedure, ***** (PRA) (44 U.S.C. 3501 et seq.), nor does Agricultural commodities, Pesticides Onion, green, subgroup 3–07B .. 2.0 it require any special considerations and pests, Reporting and recordkeeping under Executive Order 12898, entitled requirements. ***** ‘‘Federal Actions to Address Dated: March 19, 2018. Stalk and stem vegetable sub- Environmental Justice in Minority Michael L. Goodis, group 22A ...... 1.7 Populations and Low-Income Populations’’ (59 FR 7629, February 16, Director, Registration Division, Office of Pesticide Programs. ***** 1994). Vegetable, brassica, head and Since tolerances and exemptions that Therefore, 40 CFR chapter I is stem, group 5–16 ...... 3.0 are established on the basis of a petition amended as follows: Vegetable, fruiting, group 8–10, under FFDCA section 408(d), such as except okra ...... 1.0 the tolerance in this final rule, do not PART 180—[AMENDED] ***** require the issuance of a proposed rule, ■ 1. The authority citation for part 180 the requirements of the Regulatory continues to read as follows: 1 This tolerance expires on October 12, Flexibility Act (RFA) (5 U.S.C. 601 et 2018. seq.), do not apply. Authority: 21 U.S.C. 321(q), 346a and 371. This action directly regulates growers, ■ 2. In § 180.458: * * * * * food processors, food handlers, and food ■ a. Remove the entries for [FR Doc. 2018–07651 Filed 4–11–18; 8:45 am] retailers, not States or tribes, nor does ‘‘Asparagus’’; ‘‘Brassica, head and stem, BILLING CODE 6560–50–P this action alter the relationships or subgroup 5A’’; ‘‘Brassica, leafy greens, distribution of power and subgroup 5B’’; ‘‘Leaf petioles subgroup responsibilities established by Congress 4B’’; ‘‘Leafy greens subgroup 4A’’; in the preemption provisions of FFDCA ‘‘Onion, green’’; ‘‘Turnip, greens’’; and

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 9990 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES 15754 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations

FEDERAL COMMUNICATIONS October 1, 2017, on page 657, in § 2.106, (a) Federal fixed and tactical radio COMMISSION under ‘‘United States (US) Footnotes’’, relay stations may operate indefinitely footnote US378 is reinstated to read as on a primary basis within 80 km of 47 CFR Part 2 follows: Cherry Point, NC (34°58′ N, 76°56′ W) and Yuma, AZ (32°32′ N, 113°58′ W). Frequency Allocations and Radio § 2.106 Table of frequency allocations. Treaty Matters * * * * * (b) Federal fixed and tactical radio UNITED STATES (US) FOOTNOTES relay stations shall operate on a CFR Correction * * * * * secondary basis to primary non-Federal ■ In Title 47 of the Code of Federal US378 In the band 1710–1755 MHz, operations at the 14 sites listed below: Regulations, Parts 0 to 19, revised as of the following provisions apply:

State Location Coordinates

80 km radius of operation centered on:

CA ...... China Lake ...... 35°41′ N, 117°41′ W. CA ...... Pacific Missile Test Range/Point Mugu ...... 34°07′ N, 119°30′ W. FL ...... Eglin AFB ...... 30°29′ N, 086°31′ W. MD ...... Patuxent River ...... 38°17′ N, 076°25′ W. NM ...... White Sands Missile Range ...... 33°00′ N, 106°30′ W. NV ...... Nellis AFB ...... 36°14′ N, 115°02′ W. UT ...... Hill AFB ...... 41°07′ N, 111°58′ W.

50 km radius of operation centered on:

AL ...... Fort Rucker ...... 31°13′ N, 085°49′ W. CA ...... Fort Irwin ...... 35°16′ N, 116°41′ W. GA ...... Fort Benning ...... 32°22′ N, 084°56′ W. GA ...... Fort Stewart ...... 31°52′ N, 081°37′ W. KY ...... Fort Campbell ...... 36°41′ N, 087°28′ W. NC ...... Fort Bragg ...... 35°09′ N, 079°01′ W. WA ...... Fort Lewis ...... 47°05′ N, 122°36′ W.

(c) In the sub-band 1710–1720 MHz, ACTION: Temporary rule; inseason fishing year (82 FR 59526). The Regional precision guided munitions shall adjustment. Administrator is authorized to reduce operate on a primary basis until the skate wing possession limit when inventory is exhausted or until SUMMARY: NMFS announces the landings reach 85 percent of the annual December 31, 2008, whichever is earlier. adjustment of the commercial per-trip total allowable landings (TAL), which possession limit in the skate wing (d) All other Federal stations in the occurred in December. However, this is fishery for the remainder of the 2017 fixed and mobile services shall operate discouraged if the reduction is expected fishing year, through April 30, 2018, on a primary basis until to prevent attainment of the annual reaccommodated in accordance with the based on a revised landings projection. This possession limit adjustment is TAL. Regulations at § 648.322(b) Commercial Spectrum Enhancement describe this process of adjusting the Act. necessary to allow fishermen the opportunity to fully harvest the commercial possession limit of skate * * * * * remaining skate wing annual total wings. [FR Doc. 2018–07566 Filed 4–11–18; 8:45 am] allowable landings. This announcement Based on landings data reported BILLING CODE 1301–00–D also informs the public that the skate through March 31, 2018, our revised wing possession limit is increased until projections indicate that under the the end of the fishing year (April 30). current possession limits, the skate wing DEPARTMENT OF COMMERCE DATES: Effective April 9, 2018, through fishery will only harvest 98 percent of April 30, 2018. the annual TAL before the end of the National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: fishing year on April 30. Because the Administration Cynthia Hanson, Fishery Management annual TAL would not be fully utilized under the current incidental possession 50 CFR Part 648 Specialist, (978) 281–9180. SUPPLEMENTARY INFORMATION: The skate limit, we are authorized to adjust the [Docket No. 170710645–8098–02] wing fishery is managed through the possession limit in accordance with the Northeast Skate Complex Fishery regulations to allow the full attainment RIN 0648–XG162 Management Plan (FMP); the of the annual TAL. Revised projections regulations for which are found at 50 indicate that increasing the possession Fisheries of the Northeastern United limit for skate wings from 500 lb (227 States; Northeast Skate Complex; CFR part 648, subpart O. On December kg) back to the seasonal 4,100 lb (1,860 Inseason Adjustment to the Skate 27, 2017, we reduced the commercial kg) per trip for the remainder of April Wing Possession Limit skate wing possession limit from 4,100 lb (1,860 kg) of skate wings (9,307 lb (and the fishing year) would better AGENCY: National Marine Fisheries (4,222 kg) whole weight) per trip to the allow the annual TAL to be fully Service (NMFS), National Oceanic and incidental limit of 500 lb (227 kg) of utilized while still limiting the Atmospheric Administration (NOAA), skate wings (1,135 lb (515 kg) whole possibility of exceeding it due to the Commerce. weight) per trip for the remainder of the limited time period.

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Rules and Regulations 15755

This action increases the commercial Dated: April 9, 2018. In accordance with § 679.20(d)(2), the skate wing possession limit from the Jennifer M. Wallace, Administrator, Alaska Region, NMFS incidental limit of 500 lb (227 kg) of Acting Director, Office of Sustainable (Regional Administrator), has skate wings (1,135 lb (515 kg) whole Fisheries, National Marine Fisheries Service. determined that the 2018 TAC of weight) per trip to the seasonal 4,100 lb [FR Doc. 2018–07589 Filed 4–9–18; 4:15 pm] sablefish allocated to vessels using trawl (1,860 kg) of skate wings (9,307 lb (4,222 BILLING CODE 3510–22–P gear and not participating in the kg) whole weight) per trip. This action cooperative fishery of the Rockfish is being implemented to allow the skate Program in the Central Regulatory Area wing fishery an opportunity to fully DEPARTMENT OF COMMERCE of the GOA will be reached. Therefore, attain the annual TAL while minimizing NMFS is requiring that sablefish by the possibility of exceeding it. Upon National Oceanic and Atmospheric Administration vessels using trawl gear and not filing of this notice, no person may participating in the cooperative fishery possess on board or land more than 50 CFR Part 679 of the Rockfish Program in the Central 4,100 lb (1,860 kg) of skate wings (9,307 Regulatory Area of the GOA be treated lb (4,222 kg) whole weight) per trip for [Docket No. 170816769–8162–02] as prohibited species in accordance the remainder of the 2017 fishing year, with § 679.21(b). This closure does not unless under specific exemption. This RIN 0648–XG159 apply to fishing by vessels participating action applies to the skate wing fishery in the cooperative fishery of the only and does not affect vessels fishing Fisheries of the Exclusive Economic Zone off Alaska; Sablefish in the Rockfish Program for the Central in accordance with a skate bait letter of Regulatory Area of the GOA. authorization. On May 1, 2018, the 2018 Central Regulatory Area of the Gulf of fishing year begins, and the commercial Alaska Classification skate wing possession limit will return AGENCY: National Marine Fisheries to the skate wing season 1 (May 1, 2018 This action responds to the best Service (NMFS), National Oceanic and available information recently obtained through August 31, 2018) possession Atmospheric Administration (NOAA), from the fishery. The Assistant limit of 2,600 lb (1,179 kg) of skate Commerce. Administrator for Fisheries, NOAA wings or 5,902 lb (2,677 kg) whole ACTION: Temporary rule; closure. weight per trip. (AA), finds good cause to waive the SUMMARY: NMFS is prohibiting retention requirement to provide prior notice and Classification of sablefish by vessels using trawl gear opportunity for public comment pursuant to the authority set forth at 5 This action is taken under 50 CFR and not participating in the cooperative U.S.C. 553(b)(B) as such requirement is part 648 and is exempt from review fishery of the Rockfish Program in the under Executive Order 12866. Central Regulatory Area of the Gulf of impracticable and contrary to the public Alaska (GOA). This action is necessary interest. This requirement is The Assistant Administrator for because the 2018 total allowable catch impracticable and contrary to the public Fisheries, NOAA, finds good cause of sablefish allocated to vessels using interest as it would prevent NMFS from pursuant to 5 U.S.C. 553(b)(B) to waive trawl gear and not participating in the responding to the most recent fisheries prior notice and the opportunity for cooperative fishery of the Rockfish data in a timely fashion and would public comment because it would be Program in the Central Regulatory Area delay prohibiting the retention of contrary to the public interest. This of the GOA has been reached. sablefish by vessels using trawl gear and action ends the previous trip limit DATES: Effective 1200 hours, Alaska not participating in the cooperative reduction in the commercial skate bait local time (A.l.t.), April 9, 2018, through fishery of the Rockfish Program in the fishery, and raises the possession limit 2400 hours, A.l.t., December 31, 2018. Central Regulatory Area of the GOA. from the incidental limit to the standard NMFS was unable to publish a notice season 2 limit in order to allow FOR FURTHER INFORMATION CONTACT: Josh providing time for public comment fishermen the opportunity to fully Keaton, (907) 586–7228. because the most recent, relevant data harvest the annual skate wing TAL. The SUPPLEMENTARY INFORMATION: NMFS only became available as of April 6, regulations at § 648.322(b)(2)(iii) allow manages the groundfish fishery in the 2018. this by stating that trip limits should not GOA exclusive economic zone be reduced if they prevent the according to the Fishery Management The AA also finds good cause to attainment of the TAL. If Plan for Groundfish of the Gulf of waive the 30-day delay in the effective implementation of this adjustment were Alaska (FMP) prepared by the North date of this action under 5 U.S.C. delayed to solicit prior public comment, Pacific Fishery Management Council 553(d)(3). This finding is based upon this could further prevent the fishery’s under authority of the Magnuson- the reasons provided above for waiver of ability to harvest the full TAL, thereby Stevens Fishery Conservation and prior notice and opportunity for public undermining the objectives of the Management Act. Regulations governing comment. fishing by U.S. vessels in accordance Northeast Skate Complex Fishery This action is required by § 679.20 Management Plan. This action also with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. and § 679.21 and is exempt from review relieves the restriction of the former trip The 2018 total allowable catch (TAC) under Executive Order 12866. limit reduction in the wing fishery for of sablefish allocated to vessels using the remainder of the 2017 fishing year. Authority: 16 U.S.C. 1801 et seq. trawl gear and not participating in the The Assistant Administrator further Dated: April 9, 2018. cooperative fishery of the Rockfish finds, pursuant to 5 U.S.C. 553(d)(3), Program in the Central Regulatory Area Jennifer M. Wallace, good cause to waive the 30-day delayed of the GOA is 501 metric tons (mt) as Acting Director, Office of Sustainable effectiveness period for the reason established by the final 2018 and 2019 Fisheries, National Marine Fisheries Service. stated above. harvest specifications for groundfish of [FR Doc. 2018–07615 Filed 4–9–18; 4:15 pm] Authority: 16 U.S.C. 1801et seq. the GOA (83 FR 8768, March 1, 2018). BILLING CODE 3510–22–P

VerDate Sep<11>2014 15:50 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 9990 E:\FR\FM\12APR1.SGM 12APR1 sradovich on DSK3GMQ082PROD with RULES 15756

Proposed Rules Federal Register Vol. 83, No. 71

Thursday, April 12, 2018

This section of the FEDERAL REGISTER through Friday, except holidays. To be • A tattoo with the letters MX applied contains notices to the public of the proposed sure someone is there to help you, to the inside of one ear of the animal; issuance of rules and regulations. The please call (202) 799–7039 before or purpose of these notices is to give interested coming. • Other means of permanent persons an opportunity to participate in the identification upon request if deemed rule making prior to the adoption of the final FOR FURTHER INFORMATION CONTACT: Dr. rules. adequate by the Administrator to Betzaida Lopez, Senior Staff humanely identify the animal in a Veterinarian, National Import Export distinct and legible way as having been Services, Policy, Permitting, and DEPARTMENT OF AGRICULTURE imported from Mexico. Regulatory Services, VS, APHIS, 4700 Several issues have arisen as a result Animal and Plant Health Inspection River Road Unit 39, Riverdale, MD of the branding requirements. The small Service 20737–1231; (301) 851–3300. size of the brands means that the brands SUPPLEMENTARY INFORMATION: may blotch when applied to the 9 CFR Part 93 animals, making the brands difficult to Background read and potentially requiring the [Docket No. APHIS–2016–0050] The regulations in 9 CFR part 93 animal to be re-branded. In addition the RIN 0579–AE38 prohibit or restrict the importation of ‘‘MX’’ brand required for spayed heifers certain animals, birds, and poultry into and the ‘‘MX’’ brand for sexually intact Branding Requirements for Bovines the United States to prevent the cattle can be easily confused, resulting Imported Into the United States From introduction of communicable diseases in doubt over whether animals have Mexico of livestock and poultry. Subpart D of been correctly branded and in some cases causing them to be rejected for AGENCY: Animal and Plant Health part 93 (§§ 93.400 through 93.436, importation at the ports. The Inspection Service, USDA. referred to below as the regulations) governs the importation of ruminants; Government of Mexico has requested ACTION: Proposed rule. within subpart D, § 93.427 specifically that we modify the requirements to SUMMARY: We are proposing to amend addresses the importation of cattle and address these issues. the regulations regarding the branding other bovines from Mexico into the Accordingly, we are proposing to of bovines imported into the United United States. amend the requirements in § 93.427. In paragraph (c)(1), we would require States from Mexico. We are taking this In § 93.427, paragraph (c) contains steers and spayed heifers to be marked action at the request of the Government conditions to prevent the spread of with a single ‘‘M’’ brand between 3 and of Mexico to address issues that have tuberculosis to U.S. livestock and 5 inches (7.5 and 12.5 cm) tall and wide arisen with the branding requirement paragraph (e) contains conditions to to be placed on the right hip within 4 for these bovines. The changes we are prevent the entry of bovine spongiform inches (10 cm) of the midline of the proposing would help prevent encephalopathy (BSE) via the tailhead. This should be interpreted as inconsistencies in branding that can importation of cattle and other bovines the top of the brand being within 4 result in bovines being rejected for from Mexico. Under paragraph (c)(1), inches of the midline of the tailhead and import into the United States. steers imported into the United States placed above the hook and pin bones. must be identified with a distinct, DATES: We will consider all comments The brand should also be within 18 permanent, and legible ‘‘M’’ mark, and that we receive on or before June 11, inches (45.7 cm) of the anus. spayed heifers must be identified with 2018. Increasing the size of the brands and a distinct, permanent, and legible ‘‘M ’’ ADDRESSES: You may submit comments X simplifying them to a simple ‘‘M’’ mark, applied with a freeze brand, hot by either of the following methods: would help reduce or eliminate iron, or other method prior to arrival at • Federal eRulemaking Portal: Go to branding errors, which in turn would a port of entry. The brands must not be http://www.regulations.gov/#!docket reduce the need for rebranding and the less than 2 inches or more than 3 inches Detail;D=APHIS-2016-0050. incidence of cattle rejections at port-of- high, and must be applied to the • Postal Mail/Commercial Delivery: entry inspection. The change to the animal’s right hip, high on the tailhead Send your comment to Docket No. description of the placement of the (over the junction of the sacral and first APHIS-2016-0050, Regulatory Analysis brand clarifies the requirement by coccygeal vertebrae). and Development, PPD, APHIS, Station making the description more specific. 3A–03.8, 4700 River Road Unit 118, Under paragraph (e)(3), sexually Similarly, in paragraph (e)(3)(i) we Riverdale, MD 20737–1238. intact bovines must be permanently and would amend the branding option for Supporting documents and any humanely identified using one of the sexually intact bovines from Mexico to comments we receive on this docket following methods: provide for those animals to be branded may be viewed at http:// • An ‘‘MX’’ mark applied with a with a single ‘‘M’’ brand between 3 and www.regulations.gov/#!docket freeze brand, hot iron, or other method 5 inches (7.5 and 12.5 cm) tall and wide, Detail;D=APHIS-2016-0050 or in our prior to arrival at a port of entry. The located on the upper right front reading room, which is located in room brand must not be less than 2 inches or shoulder of the animal. 1141 of the USDA South Building, 14th more than 3 inches high, and must be As with the change for steers and Street and Independence Avenue SW, applied to the animal’s right hip, high spayed heifers, increasing the size of the Washington, DC. Normal reading room on the tailhead (over the junction of the brand for sexually intact animals would hours are 8 a.m. to 4:30 p.m., Monday sacral and first coccygeal vertebrae); reduce or eliminate branding errors.

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15757

Changing the placement of the brand for brands increases transactions costs. Collection Coordinator, at (301) 851– sexually intact bovines from the hip to Currently, a $4.00 inspection fee per 2483. the shoulders would allow steers and head is billed to the broker who in turn spayed heifers to be visually charges the exporter. The single ‘‘M’’ List of Subjects in Part 93 distinguished from breeding cattle while brand would both minimize hide Animal diseases, Imports, Livestock, allowing the use of the simplified brand damage and the need for re-inspections. Poultry and poultry products, for both categories of animals. We are Because the approved eartag is a current Quarantine, Reporting and not proposing to change the tattoo requirement, we do not anticipate any recordkeeping requirements. option for sexually intact bovines in additional costs would be incurred. paragraph (e)(3)(ii) because the MX Entities that may be impacted by the Accordingly, we propose to amend 9 tattoo has not posed a problem with proposed rule fall into various CFR part 93 as follows: confusion or errors as the brands have. categories of the North American Industry Classification System. The PART 93—IMPORTATION OF CERTAIN Executive Orders 12866 and 13771 and majority of these businesses are small ANIMALS, BIRDS, FISH, AND Regulatory Flexibility Act entities. POULTRY, AND CERTAIN ANIMAL, This proposed rule has been Based on a sample of the percentage BIRD, AND POULTRY PRODUCTS; determined to be not significant for the of cattle in fiscal year 2015 that initially REQUIREMENTS FOR MEANS OF purposes of Executive Order 12866 and, were not allowed entry from Mexico CONVEYANCE AND SHIPPING therefore, has not been reviewed by the because of branding concerns, the CONTAINERS Office of Management and Budget. decrease in the value of hides when Further, APHIS considers this rule to be rebranded, and the cost of re-inspection, ■ 1. The authority citation for part 93 a deregulatory action under Executive we estimate annual cost savings continues to read as follows: Order 13771 as the action may result in attributable to the proposed rule may cost savings. range from $113,900 to $248,700. There Authority: 7 U.S.C. 1622 and 8301–8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 In accordance with 5 U.S.C. 603, we would also be unquantified cost savings CFR 2.22, 2.80, and 371.4. have performed an initial regulatory from the expected reduction in delays at flexibility analysis, which is ports of entry due to branding issues. In ■ 2. Section 93.427 is amended by summarized below, regarding the accordance with guidance on complying revising paragraphs (c)(1) and (e)(3)(i) to economic effects of this proposed rule with Executive Order 13771, the read as follows: on small entities. Copies of the full primary estimate of the cost savings for analysis are available by contacting the this rule is $181,300. This value is the § 93.427 Cattle and other bovines from person listed under FOR FURTHER mid-point of the above range in cost Mexico. INFORMATION CONTACT or on the savings annualized in perpetuity using * * * * * Regulations.gov website (see ADDRESSES a 7 percent discount rate. above for instructions for accessing (c) * * * Regulations.gov). Executive Order 12988 (1) Each steer or spayed heifer This proposed rule would amend the This proposed rule has been reviewed imported into the United States from regulations in 9 CFR part 93 to change under Executive Order 12988, Civil Mexico shall be identified with a the identification requirements of Justice Reform. If this proposed rule is distinct, permanent, and legible ‘‘M’’ bovines imported from Mexico. At adopted: (1) All State and local laws and mark applied with a freeze brand, hot present, cattle from Mexico carry at least regulations that are inconsistent with iron, or other method prior to arrival at two forms of identification, generally a this rule will be preempted; (2) no a port of entry, unless the steer or brand and an approved eartag. Cattle retroactive effect will be given to this spayed heifer is imported for slaughter imported from Mexico for other than rule; and (3) administrative proceedings in accordance with § 93.429. The ‘‘M’’ immediate slaughter, are required to be will not be required before parties may mark shall be between 3 inches (7.5 cm) branded with an ‘‘M’’ for steers, an file suit in court challenging this rule. and 5 inches (12.5 cm) high and wide, ‘‘Mx’’ for spayed heifers, and an ‘‘MX’’ Paperwork Reduction Act and shall be applied to each animal’s brand or tattoo for breeding bovines. right hip, within 4 inches (10 cm) of the APHIS is proposing that all bovines In accordance with section 3507(d) of midline of the tailhead (that is, the top imported from Mexico be branded with the Paperwork Reduction Act of 1995 of the brand should be within 4 inches a single ‘‘M’’ to avoid branding (44 U.S.C. 3501 et seq.), the burden (10 cm) of the midline of the tailhead, uncertainties. In order to distinguish requirements included in this proposed and placed above the hook and pin between feeder and breeding cattle, the rule are approved by the Office of bones). The brand should also be within brand for steers and spayed heifers Management and Budget under control 18 inches (45.7 cm) of the anus. would be placed on the back hip and number 0579–0040. the brand for breeding cattle would be * * * * * placed on the shoulder. Cattle imported E-Government Act Compliance (e) * * * from Mexico would still require an The Animal and Plant Health (3) * * * approved eartag. Inspection Service is committed to The new identification requirements compliance with the E-Government Act (i) An ‘‘M’’ mark properly applied would reduce if not eliminate to promote the use of the internet and with a freeze brand, hot iron, or other questionable brands, reducing the need other information technologies, to method, and easily visible on the live for rebranding and the incidence of provide increased opportunities for animal and on the carcass before cattle rejections at port-of-entry citizen access to Government skinning. Such a mark must be between inspection. Revenue from hides information and services, and for other 3 inches (7.5 cm) and 5 inches (12.5 cm) accounts for about 75 percent of the purposes. For information pertinent to high and wide, and must be applied to byproduct-value of beef cattle. Damage E-Government Act compliance related the upper right front shoulder of each from rebranding can reduce hide value. to this proposed rule, please contact Ms. animal; or Also, re-inspection due to questionable Kimberly Hardy, APHIS’ Information * * * * *

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15758 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

Done in Washington, DC, this 9th day of MS: BPHC; 5275 Leesburg Pike, Falls Information Requested April 2018. Church, VA 22041–3803. Kevin Shea, We request that you send comments Public Comments Administrator, Animal and Plant Health only by the methods described above. Any final action resulting from this Inspection Service. We will post all comments on http:// proposed rule will be based on the best [FR Doc. 2018–07585 Filed 4–11–18; 8:45 am] www.regulations.gov. This generally scientific and commercial data available BILLING CODE 3410–34–P means that we will post any personal and be as accurate as possible. information you provide us (see Therefore, we request comments or Information Requested, below, for more information from other concerned DEPARTMENT OF THE INTERIOR information). governmental agencies, Native Document availability: This proposed American Tribes, the scientific Fish and Wildlife Service rule and supporting documents are community, industry, or other available on http://www.regulations.gov. interested parties concerning this 50 CFR 17 In addition, the supporting file for this proposed rule. The comments that will proposed rule will be available for be most useful and likely to influence [Docket No. FWS–R3–ES–2018–0005; public inspection, by appointment, our decisions are those supported by FXES11130900000] during normal business hours, at the data or peer-reviewed studies and those RIN 1018–BC01 Michigan Ecological Services Field that include citations to, and analyses Office, 2651 Coolidge Road, Suite 101, of, applicable laws and regulations. Endangered and Threatened Wildlife East Lansing, MI 48823; telephone 517– Please make your comments as specific and Plants; Removing the Kirtland’s 351–2555. as possible and explain the basis for Warbler From the Federal List of FOR FURTHER INFORMATION CONTACT: them. In addition, please include Endangered and Threatened Wildlife Scott Hicks, Field Supervisor, Michigan sufficient information with your AGENCY: Fish and Wildlife Service, Ecological Services Field Office, 2651 comments to allow us to authenticate Interior. Coolidge Road, Suite 101, East Lansing, any scientific or commercial data you reference or provide. In particular, we ACTION: Proposed rule. MI 48823; telephone 517–351–2555; facsimile 517–351–1443. If you use a seek comments concerning the SUMMARY: Under the authority of the telecommunications device for the deaf following: Endangered Species Act of 1973, as (TDD), please call the Federal Relay (1) Reasons we should or should not amended (Act), we, the U.S. Fish and Service at 800–877–8339. delist the Kirtland’s warbler. Wildlife Service (Service), propose to SUPPLEMENTARY INFORMATION: (2) New information on the historical remove the Kirtland’s warbler and current status, range, distribution, (Setophaga kirtlandii) from the Federal Executive Summary and population size of the Kirtland’s List of Endangered and Threatened Purpose of Regulatory Action warbler. Wildlife (List) due to recovery. This (3) New information on the known This action proposes to remove the determination is based on a thorough and potential threats to the Kirtland’s Kirtland’s warbler from the Federal List review of the best available scientific warbler on its breeding grounds, on its of Endangered and Threatened Wildlife and commercial information, which wintering grounds, and during in title 50 of the Code of Federal indicates that the threats to the species migration, including brood parasitism, Regulations (50 CFR 17.11(h)) based on have been eliminated or reduced to the and habitat availability. the species’ recovery. Removing a point that the species has recovered and (4) Information on the timing and species from the List (‘‘delisting’’) can no longer meets the definition of extent of the effects of climate change only be completed by issuing a rule. endangered or threatened under the Act. on the Kirtland’s warbler. (5) New information regarding the life Basis for Action DATES: We will accept comments history, ecology, and habitat use of the received or postmarked on or before July We may delist a species if the best Kirtland’s warbler. 11, 2018. We must receive requests for scientific and commercial data indicate (6) Current or planned activities public hearings, in writing, at the the species is neither an endangered within the geographic range of the address shown in FOR FURTHER species nor a threatened species for one Kirtland’s warbler that may impact or INFORMATION CONTACT by May 29, 2018. or more of the following reasons: (1) The benefit the species. ADDRESSES: Written comments: You may species is extinct; (2) the species has (7) The adequacy of conservation submit comments by one of the recovered; or (3) the original data used agreements that would be implemented following methods: at the time the species was classified if the species is delisted. (1) Electronically: Go to the Federal were in error (50 CFR 424.11). Here, we Please note that submissions merely eRulemaking Portal: http:// have determined that the species may be stating support for or opposition to the www.regulations.gov. In the Search box, delisted based on recovery. A species action under consideration without enter FWS–R3–ES–2018–0005, which is may be delisted based on recovery only providing supporting information, the docket number for this rulemaking. if the best scientific and commercial although noted, will not be considered Then, click on the Search button. On the data indicate that it is no longer in making a determination, as section resulting page, in the Search panel on endangered or threatened. 4(b)(1)(A) of the Act (16 U.S.C. 1531 et the left side of the screen, under the The threats that led to the species seq.) directs that determinations as to Document Type heading, click on the being listed under the Act (primarily whether any species is an endangered or Proposed Rules link to locate this loss of the species’ habitat and effects of threatened species must be made document. You may submit a comment brood parasitism by brown-headed ‘‘solely on the basis of the best scientific by clicking on ‘‘Comment Now!’’ cowbirds) have been removed, and commercial data available.’’ (2) By hard copy: Submit by U.S. mail ameliorated, or are being appropriately Prior to issuing a final rule on this or hand-delivery to: Public Comments managed by the actions of multiple proposed action, we will take into Processing, Attn: FWS–R3–ES–2018– conservation partners over the past 50 consideration all comments and any 0005, U.S. Fish and Wildlife Service, years. additional information we receive. Such

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15759

information may lead to a final rule that we receive from peer reviewers during America recently changed the differs from this proposal. All comments the comment period on this proposed classification of the Parulidae, which and recommendations, including names rule, as we prepare a final rule. resulted in three genera (Parula, and addresses, will become part of the Dendroica, and Wilsonia) being deleted Previous Federal Actions administrative record. and transferred to the genus Setophaga You may submit your comments and The Kirtland’s warbler was listed as (Chesser et al. 2011, p. 606). This materials concerning the proposed rule endangered under the Endangered revision was adopted by the Service on by one of the methods listed in Species Preservation Act on March 11, February 12, 2014 (see 78 FR 68370; ADDRESSES. Comments must be 1967 (32 FR 4001), primarily due to November 14, 2013). submitted to http://www.regulations.gov threats associated with limited breeding Distribution before 11:59 p.m. (Eastern Time) on the habitat and brown-headed cowbird date specified in DATES. We will not (Molothrus ater) brood parasitism. The The Kirtland’s warbler is a consider hand-delivered comments that species is currently listed as endangered neotropical migrant that breeds in jack we do not receive, or mailed comments under the Endangered Species Act of pine (Pinus banksiana) forests in that are not postmarked, by the date 1973, as amended (16 U.S.C. 1531 et northern Michigan, Wisconsin, and specified in DATES. seq.). We developed a recovery plan in Ontario. This species has one of the We will post your entire comment— 1976 (USFWS 1976) and revised the most geographically restricted breeding including your personal identifying plan on September 30, 1985 (USFWS distributions of any mainland bird in information—on http:// 1985). the continental United States. Breeding www.regulations.gov. If you provide On June 29, 2012, we published a habitat within the jack pine forest is personal identifying information in your document in the Federal Register (77 both highly specific and disturbance- comment, you may request at the top of FR 38762) announcing that we were dependent, and likely was always your document that we withhold this conducting a 5-year review of the status limited in extent (Mayfield 1960, pp. 9– information from public review. of Kirtland’s warbler under section 10; Mayfield 1975, p. 39). Similarly, the However, we cannot guarantee that we 4(c)(2) of the Act. In that document, we known wintering range is primarily will be able to do so. requested that the public provide us any restricted to The Bahamas (Cooper et al. Comments and materials we receive, new information concerning this 2017, p. 213). as well as supporting documentation we species. The 5-year status review, Kirtland’s warblers are not evenly used in preparing this proposed rule, completed in August 2012 (USFWS distributed across their breeding range. will be available for public inspection 2012), resulted in a recommendation to More than 98 percent of all singing on http://www.regulations.gov, or by change the status of this species from males have been counted in the appointment, during normal business endangered to threatened. The 2012 5- northern Lower Peninsula of Michigan hours at the U.S. Fish and Wildlife year status review is available on the since population monitoring began in Service, Michigan Ecological Services Service’s website at https:// 1951 (Michigan Department of Natural Field Office (see FOR FURTHER www.fws.gov/midwest/endangered/ Resources (MDNR), Service (USFWS), U.S. Forest Service (USFS), unpubl. INFORMATION CONTACT). birds/Kirtland/index.html, and via the data). The core of the Kirtland’s Service’s Environmental Conservation Public Hearing warbler’s breeding range is concentrated Online System (ECOS) (https:// Section 4(b)(5)(E) of the Act provides in five counties in northern lower ecos.fws.gov/ecp0/profile/speciesProfile for one or more public hearings on this Michigan (Ogemaw, Crawford, Oscoda, ?spcode=B03I). Alcona, and Iosco), where nearly 85 proposed rule, if requested. We must On November 14, 2013, we published percent of the singing males were receive requests for public hearings, in a rule in the Federal Register (78 FR FOR recorded between 2000 and 2015, with writing, at the address shown in 68370) revising the taxonomy to reflect over 30 percent counted in Ogemaw FURTHER INFORMATION CONTACT by the the scientifically accepted taxonomy County alone and over 21 percent in just date shown in DATES. We will schedule and nomenclature of this species one township during that same time public hearings on this proposal if any (Setophaga kirtlandii (= D. kirtlandii)). period (MDNR, USFWS, USFS, unpubl. are requested, and announce the details On April 17, 2017, we published a data). of those hearings, as well as how to document in the Federal Register (82 obtain reasonable accommodations, in Kirtland’s warblers have also been FR 18156) announcing initiation of 5- observed in Ontario periodically since the Federal Register at least 15 days year status reviews for eight endangered before the first hearing. 1900 (Samuel 1900, pp. 391–392), and animal species, including Kirtland’s in Wisconsin since the 1940s (Hoffman Peer Review warbler, and requested information on 1989, p. 29). Systematic searches for the In accordance with our policy on peer the species’ status. This proposed rule presence of Kirtland’s warblers in States review published in the Federal constitutes completion of that 5-year and provinces adjacent to Michigan, Register on July 1, 1994 (59 FR 34270), status review. however, did not begin until 1977 (Aird we will seek the expert opinions of at Species Information 1989, p. 32; Hoffman 1989, p. 1). Shortly least three appropriate and independent after these searches began, male specialists regarding this proposed rule. Taxonomy Kirtland’s warblers were found during The purpose of peer review is to ensure The Kirtland’s warbler is a songbird the breeding season in Ontario (in that our determination is based on classified in the Order Passeriformes, 1977), Quebec (in 1978), Wisconsin (in scientifically sound data, assumptions, Family Parulidae. Spencer Baird 1978), and the Upper Peninsula of and analyses. We will send peer originally described this species in Michigan (in 1982) (reviewed in Aird reviewers copies of this proposed rule 1852, and named it Sylvicola kirtlandii 1989, pp. 32–35). Nesting was immediately following publication in after Dr. Jared P. Kirtland of Cleveland, confirmed in the Upper Peninsula in the Federal Register. We will invite Ohio (Baird 1872, p. 207). The 1996 (Weinrich 1996, p. 2; Weise and these peer reviewers to comment during American Ornithologists’ Union Weinrich 1997, p. 2), and in Wisconsin the public comment period. We will Committee on Classification and and Ontario in 2007 (Richard 2008, pp. consider all comments and information Nomenclature—North and Middle 8–10; Trick et al. 2008, pp. 97–98).

VerDate Sep<11>2014 17:32 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15760 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

Systematic searches to confirm nesting spread over an approximately 15,540 outside of The Bahamas: Two sightings in states and provinces adjacent to square kilometer (km) (6,000 square from northern Dominican Republic, and Michigan have not been consistent mile) non-contiguous area. Therefore, one sighting from coastal Mexico. In across years. Female Kirtland’s warblers within Michigan’s northern Lower addition, recent winter reports of are often observed with singing males, Peninsula, the Kirtland’s warbler’s solitary individuals have originated however, and nesting is generally breeding habitat is unlikely to uniformly from Bermuda (Amos 2005, p. 3) and assumed to occur at most sites where experience catastrophic events (e.g., Cuba (Isada 2006, p. 462; Sorenson and singing males are present (Probst et al. wildfire) over that large an area. Wunderle 2017). Cooper et al. (2017, p. 2003, p. 369; MDNR, USFWS, USFS, Although the number of Kirtland’s 209) used geolocators to track Kirtland’s unpubl. data). Singing males have been warblers in Michigan’s Upper warblers to determine distribution for observed in the Upper Peninsula since Peninsula, Wisconsin, and Ontario 27 birds on the wintering grounds. The 1993, with the majority of observations currently represent a small percentage estimated wintering ranges of 18 tracked in the central and eastern Upper of the total population, Kirtland’s males overlapped primarily the central Peninsula (MDNR, USFWS, USFS, warblers are successfully reproducing in Bahamas (Eleuthera, Cat Island, The unpubl. data). In Wisconsin, nesting has these areas. The Kirtland’s warbler’s Exumas, Long Island, Rum Cay, San been confirmed in Adams County every expansion into Michigan’s Upper Salvador), 4 males overlapped primarily year since 2007, and has recently Peninsula, Wisconsin, and Ontario the western Bahamas (Grand Bahama, expanded into Marinette and Bayfield (Canada), therefore, could represent a The Abacos, Nassau, Andros Island), Counties (USFWS 2017, pp. 2–4). future potential for the establishment of and 4 males overlapped primarily the Scattered observations of mostly solitary additional breeding territories outside of eastern Bahamas (Acklins Islands, birds have also occurred in recent years northern lower Michigan and would Mayaguana, Great Inagua) or Turks and at several other sites in Douglas, Vilas, further increase the ability of the species Caicos. One male appeared to winter in Washburn, and Jackson Counties in to withstand catastrophic events by central Cuba (Cooper et al. 2017, p. Wisconsin. Similarly, in Ontario, reducing the risk of such an event 211). nesting was confirmed in Renfrew effecting the entire population over an Although the known wintering range County from 2007 to 2016 (Richard even larger spatial scale. appears restricted primarily to The 2013, p. 152; Tuininga 2017, pers. Bahamas, many of the islands in the Kirtland’s warblers are more difficult comm.), and reports of Kirtland’s Caribbean basin are uninhabited by to detect during the winter and are warblers present during the breeding people or have had limited avian survey infrequently observed. The warblers season have occurred in recent years in efforts, which may constrain our ability appear to be unevenly distributed across both northern and southern Ontario to comprehensively describe the the landscape; they tend to hide in low- (Tuininga 2017, pers. comm.). species’ wintering distribution. The current distribution of breeding lying, dense vegetation; and males do Kirtland’s warblers readily shift sites on Kirtland’s warblers encompasses the not generally sing during the winter the wintering grounds based on habitat known historical breeding range of the (Currie et al. 2003, pp. 1–2; Currie et al. availability and food resources, and species based on records of singing 2005a, p. 97). Extensive searches in the colonize new areas following males observed in Michigan’s northern past produced few sightings of disturbance (Wunderle et al. 2007, p. Lower Peninsula, Wisconsin, and wintering Kirtland’s warblers (Mayfield 123; Wunderle et al. 2010, p. 134; Ontario (Walkinshaw 1983, p. 23). In 1996, pp. 36–38; Lee et al. 1997, p. 21). Wunderle et al. 2014, p. 44). Suitable 2015, the number of singing males A long-standing body of evidence dating habitat exists on other islands, both confirmed during the formal census to 1841, when the very first specimen within The Bahamas and elsewhere in period in Wisconsin (19), Ontario (20), was collected off the coast of Abaco the Caribbean basin, potentially and the Upper Peninsula (37) Island (Stone 1986, p. 2), indicates that providing habitat and buffering against represented approximately 3 percent of Kirtland’s warblers winter largely the effects of catastrophic events such as the total singing male population within The Bahamas. The Bahamas is an hurricanes. (Environment Canada, MDNR, USFWS, archipelago of approximately 700 low- Breeding Habitat USFS, Wisconsin DNR (WNDR), lying islands stretching more than 1,046 unpubl. data), demonstrating the km (650 miles) from near the eastern The Kirtland’s warbler’s breeding species’ reliance on their core breeding coast of Florida to the southeastern tip habitat consists of jack pine-dominated range in Michigan’s northern Lower of Cuba. Eleuthera and Cat Islands forests with sandy soil and dense Peninsula. The number of Kirtland’s support the largest known population of ground cover (Walkinshaw 1983, p. 36), warblers that could ultimately exist wintering Kirtland’s warblers (Sykes most commonly found in northern outside of the core breeding range is and Clench 1998, pp. 249–250; Cooper lower Michigan, with scattered unknown; however, these peripheral unpubl. data), although other islands locations in the Upper Peninsula of individuals do contribute to a wider have not been studied as intensively Michigan, Wisconsin, and Ontario. Jack distribution. and potentially support substantial pine-dominated forests of the northern Given the geographical extent of the numbers. Within The Bahamas, Great Lakes region historically warbler’s historical range, peripheral Kirtland’s warblers have been observed experienced large, frequent, and Kirtland’s warblers and habitat (outside on several islands including The catastrophic stand-replacing fires the northern Lower Peninsula of Abacos, Andros, Cat Island, Crooked (Cleland et al. 2004, p. 313). These fires Michigan) may help maintain the Island, Eleuthera, The Exumas, Grand occurred approximately every 60 years, breadth of environmental diversity Bahama Island, Long Island, and San burned approximately 85,420 hectares within the species, and increase the Salvador (Blanchard 1965, pp. 41–42; (ha) (211,077 acres (ac)) per year, and species’ adaptive diversity (ability to Hundley 1967, pp. 425–426; Mayfield resulted in jack pine comprising 53 adapt to changing environmental 1972, pp. 347–348; Mayfield 1996, pp. percent of the total land cover (Cleland conditions over time) (Shaffer and Stein 37–38; Haney et al. 1998, p. 202; Sykes et al. 2004, pp. 315–317). Modern 2000, pp. 308–311). In Michigan’s and Clench 1998; Cooper unpubl. data). wildfire suppression has since increased northern Lower Peninsula, the Haney et al. (1998, p. 205) found that the average fire return interval within Kirtland’s warbler’s breeding habitat is only 3 of 107 reports originated from this same landscape to approximately

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15761

775 years, decreased the amount of area jack pine densities, higher percent cover 1957 on State forest land and 1962 on burned to approximately 6,296 ha of blueberry, and lower percent cover of Federal forest land (Mayfield 1963, pp. (15,558 ac) per year, and reduced the woody debris than would be expected if 217–219; Radtke and Byelich 1963, p. contribution of jack pine to 37 percent nests were placed at random. Due to 209). Efforts increased in 1981, with the of the current land cover (Cleland et al. edge effects associated with low area-to- establishment of an expanded habitat 2004, p. 316). The overall effect has perimeter ratios, predation rates may be management program to supplement been a reduction in the extent of dense higher for Kirtland’s warblers nesting in wildfire-regenerated habitat and ensure jack pine forest, and in turn, the small patches bordered by mature trees the availability of relatively large Kirtland’s warbler’s breeding habitat. than in large patches (Probst 1988, p. 32; patches of early successional jack pine Kirtland’s warblers generally occupy Robinson et al. 1995, pp. 1988–1989; forest for nesting (Kepler et al. 1996, p. jack pine stands that are 5 to 23 years Helzer and Jelinski 1999, p. 1449). 16). In the 1981 Management Plan for old and at least 12 ha (30 ac) in size Foraging requirements may also be Kirtland’s Warbler Habitat (USFS and (Donner et al. 2008, p. 470). The most negatively influenced as jack pines MDNR 1981, p. 23), approximately obvious difference between occupied mature (Fussman 1997, pp. 7–8). 29,987 ha (74,100 ac) of Michigan State and unoccupied stands is the percent Conversely, marginal habitat is forest lands and about 21,650 ha (53,500 canopy cover (Probst 1988, p. 28). characterized as jack pine stands with at ac) of Federal forest lands were Stands with less than 20 percent canopy least 20 to 25 percent tree canopy cover identified as lands suitable and cover are rarely used for nesting (Probst and a minimum density of 2,000 stems manageable for Kirtland’s warbler 1988, p. 28). Tree canopy cover reflects per hectare (809 stems per acre, Probst breeding habitat. That plan also overall stand structure, combining and Weinrich 1993, pp. 261–265; provided prescriptions and guidelines individual structural components such Nelson and Buech 1996, pp. 93–95), and to be used in protecting and improving as tree stocking, spacing, and height is often associated with unburned- identified nesting habitat. Contiguous factors (Probst 1988, p. 28). Tree canopy unplanted areas (Donner et al. 2010, p. stands or stands in close proximity were cover, therefore, may be an important 2). Probst and Hayes (1987, p. 237) grouped into 23 areas referred to as environmental cue for Kirtland’s indicate that the main disadvantage of Kirtland’s Warbler Management Areas warblers when selecting nesting areas. marginal habitat is reduced pairing (KWMAs). KWMAs are administrative Occupied stands usually occur on success. Evidence from Wisconsin and boundaries that describe parcels of land dry, excessively drained, nutrient-poor Canada, however, has shown an ability dedicated to and managed for Kirtland’s glacial outwash sands (Kashian et al. of Kirtland’s warblers to successfully warbler breeding habitat. The KWMAs 2003, pp. 151–153). Stands are reproduce in areas with smaller were further subdivided into cutting structurally homogeneous with trees percentages of jack pine and with blocks containing 200 or more acres of ranging 1.7 to 5.0 meters (m) (5.5 to 16.4 significant components of red pine contiguous stands. These acreages were feet (ft)) in height, and are generally of (Pinus resinosa) and pin oak (Quercus determined by factoring an average three types: Wildfire-regenerated, palustris) (Mayfield 1953, pp. 19–20; population density of one breeding pair planted, and unburned-unplanted Orr 1975, pp. 59–60; USFWS 1985, p. 7; per 12 ha (30 ac) into a 45 to 50 year (Probst and Weinrich 1993, p. 258). Fussman 1997, p. 5; Anich et al. 2011, commercial harvest rotation, which Wildfire-regenerated stands occur p. 201; Richard 2013, p. 155; Richard would produce suitable habitat as well naturally following a stand-replacing 2014, p. 307). Use of these areas in as marketable timber (USFWS 1985, p. fire from serotinous seeding (seed cones Michigan is rare and occurs for only 21). At the time the recovery plan was remain closed on the tree with seed short durations (Huber et al. 2001, p. updated, there were 51,638 ha (127,600 dissemination in response to an 10). In Wisconsin, however, breeding ac) of public forest lands designated for environmental trigger, such as fire). has occurred primarily in red pine Kirtland’s warbler habitat management Planted stands are stocked with jack plantations that have experienced in order to meet Kirtland’s warbler pine saplings after a clear cut. extensive red pine mortality and recovery program objectives (USFWS Unburned-unplanted stands originate substantial natural jack pine 1985, p. 18). Data collected from the from clearcuts that regenerate from non- regeneration (Anich et al. 2011, p. 204). annual singing male census from 1980 serotinous, natural seeding, and thus do Preliminary investigation (Anich et al. to 1995 indicated that a breeding pair not require fire to release seeds. 2011, p. 204) suggests that in this case, used closer to 15 ha (38 ac) within Optimal habitat is characterized as a matrix of openings and thickets has suitably aged habitat (Bocetti et al. 2001, large stands (more than 32 ha (80 ac)) produced conditions suitable for p. 1). Based on these data, the Kirtland’s composed of 8 to 20-year-old jack pines Kirtland’s warblers, and that the red Warbler Recovery Team recommended that regenerated after wildfires, with 27 pine component may actually prolong increasing the total amount of managed to 60 percent canopy cover, and more the use of these sites due to a longer habitat to 76,890 ha (190,000 ac) (Ennis than 5,000 stems per hectare (2,023 persistence of low live branches on red 2002, p. 2). stems per acre) (Probst and Weinrich pines. Habitat conditions in 1993, pp. 262–263). The poor quality documented Kirtland’s warbler breeding Wintering Habitat and well-drained soils reduce the risk of areas in Ontario had similar ground On the wintering grounds, Kirtland’s nest flooding and maintain low shrubs cover to breeding sites in Michigan and warblers occur in early successional that provide important cover for nesting Wisconsin, although tree species scrublands, characterized by dense, low, and brood-rearing. Yet as jack pine composition was more similar to broadleaf shrubs of varied foliage layers saplings grow in height, percent canopy Wisconsin sites than Michigan sites with small openings, resulting from cover increases, causing self-pruning of (Richard 2014, p. 306). The tree species natural or anthropogenic disturbances the lower branches and changes in light composition at the Canadian sites also (locally known as low coppice) regime, which diminishes cover of small had high levels of red pine (up to 71 (Maynard 1896, pp. 594–595; Challinor herbaceous understory plants (Probst percent), similar to the plantations in 1962, p. 290; Mayfield 1972, p. 267; 1988, p. 29; Probst and Weinrich 1993, Wisconsin (Anich et al. 2011, p. 201; Mayfield 1992, p. 3; Mayfield 1996, pp. p. 263; Probst and Donnerwright 2003, Richard 2014, p. 307). 38–39; Radabaugh 1974, p. 380; Lee et p. 331). Bocetti (1994, p. 122) found that Habitat management to benefit al. 1997, p. 23; Haney et al. 1998, p. 207; nest sites were selected based on higher Kirtland’s warblers began as early as Sykes and Clench 1998, p. 256;

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15762 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

Wunderle et al. 2007, p. 123; Wunderle region of the United States (Cooper et al. available during the breeding season. et al. 2010, p. 133). 2017, pp. 211, 213). Fall migration Within nesting areas, arthropod Clearing vegetation by bulldozers, proceeded in a general southern numbers peak at the same time that wildfires, hurricanes, and local direction, departing the mainland most first broods reach the fledging agricultural practices, such as ‘‘slash United States along the Carolina stage (Fussman 1997, p. 27). Planted and burn,’’ can create suitable habitat on coastline (Cooper et al. 2017, pp. 211, and wildfire-regenerated habitats were Eleuthera Island (Wunderle et al. 2007, 213). Spring migration followed a more extremely similar in terms of arthropod p. 124), and the Kirtland’s warbler likely westerly path, with landfall occurring in diversity, abundance, and distribution, benefited from local declines in Florida and Georgia (Cooper et al. 2017, suggesting that current habitat agriculture as fallow lands reverted to pp. 213, 216). An additional stopover management techniques are effective in early successional scrublands (Sykes site was identified in the western Lake simulating the effects that wildfire has and Clench 1998, p. 247). Kirtland’s Erie basin (Cooper et al. 2017, p. 216). on food resources for Kirtland’s warblers typically occupy wintering Petrucha et al. (2013, p. 383) analyzed warblers (Fussman 1997, p. 63). sites 3 to 28 years (mean is 562 records of Kirtland’s warblers On the wintering grounds, Kirtland’s approximately 14 years) after human observed during migration and found warblers rely on a mixed diet of fruit disturbance (Wunderle et al. 2010, p. that migration records were spread over and arthropods. During foraging 127). As local food resources diminish most of the United States east of the observations, 69 percent of Kirtland’s in abundance, these sites may not be Mississippi River, clustered around the warblers consumed fruits, such as sufficient to sustain an individual for an Great Lakes and Atlantic Ocean snowberry (Chiococca alba), wild sage entire winter; therefore, individuals coastlines. (Lantana involucrata), and black torch must move widely from patch to patch, Migrating Kirtland’s warblers have (Erithalis fruticosa), with wild sage tracking changes in fruit abundance been observed in a variety of habitats, being the overwhelmingly predominant (Wunderle et al. 2007, p. 123; Wunderle including shrub/scrub, residential, park, food choice (Wunderle et al. 2010, pp. et al. 2010, p. 134; Wunderle et al. 2014, orchard, woodland, and open habitats 129–130). Despite variation in food p. 44). (Petrucha et al. 2013, p. 390). There is availability among sites and winters, the proportion of fruit and arthropods in Migration and Stopover Habitat some evidence that dense vegetation less than 1.5 m (4.9 ft) in height may be fecal sample of Kirtland’s warblers was Spring departure from the wintering important to migrating Kirtland’s consistent (Wunderle et al. 2014, p. 25). grounds is estimated to occur from late- warblers (Stevenson and Anderson Food abundance was a reliable predictor April to early May, and arrival on the 1994, p. 566). The majority of migration of site fidelity, with birds shifting breeding grounds approximately 15 records (82 percent) described the location to sites with higher biomass of days later based on data from habitat as shrub/scrub, similar in ripe fruit and ground arthropods during geolocators attached to 27 male structure to that on the breeding and the late winter (Wunderle et al. 2014, p. Kirtland’s warblers in 2012 and 2014 wintering grounds (Petrucha et al. 2013, 31). (Cooper et al. 2017, p. 212). These dates p. 384). are similar to direct observations of Demographics color-banded birds arriving on the Biology The average life expectancy of adult breeding grounds (Rockwell et al. 2012, Kirtland’s warblers is approximately 2.5 Diet and Foraging p. 746) and when comparing the latest years (Walkinshaw 1983, pp. 142–143). observation of birds present on the On the breeding grounds, Kirtland’s The oldest Kirtland’s warbler on record wintering grounds with the date first warblers are primarily insectivorous and was an 11-year old male, which, when resighted on their breeding grounds forage by gleaning (plucking insects recaptured in the Damon KWMA in (Ewert et al. 2012, p. 11). Male from) pine needles, leaves, and ground 2005, appeared to be in good health and Kirtland’s warblers have been observed cover, occasionally making short sallies, paired with a female (USFS, unpubl. arriving on the breeding grounds hover-gleaning at terminal needle data). between May 1 and June 5 (Petrucha clusters, and gathering flying insects on Overall, Kirtland’s warbler annual 2011, p. 17; Rockwell et al. 2012, p. the wing. Kirtland’s warblers have been survival estimates are similar to those of 747), with a mean range between May observed foraging on a wide variety of other wood warblers (reviewed in 14 and May 15, and with the first prey items, including various types of Faaborg et al. 2010, p. 12). Reported females arriving a week or so after the larvae, moths, flies, beetles, survival rates of the Kirtland’s warbler first males (Mayfield 1960, pp. 41–42; grasshoppers, ants, aphids, spittlebugs, varied by sex and age classes (Mayfield Rockwell 2013, pp. 48–49). and blueberries (Mayfield 1960, pp. 18– 1960, pp. 204–207; Walkinshaw 1983, Cooper et al. (2017, p. 212) 19; Fussman 1997, p. 33). Deloria- pp. 123–143; Bocetti et al. 2002, p. 99; determined that fall migration of adult Sheffield et al. (2001, p. 385) identified Rockwell et al. 2017, p. 723; Trick, males began with departure dates in late similar taxa from fecal samples unpubl. data). Rockwell et al. (2017, pp. September through late October and collected from Kirtland’s warblers, but 719–721) analyzed mark-recapture data arrival on the wintering grounds in mid- also observed that from July to from 2006–2010 on breeding grounds in October to early November. The earliest September, homopterans (primarily Michigan and from 2003–2010 on the recorded sighting in The Bahamas was spittlebugs), hymenopterans (primarily wintering grounds in The Bahamas, and August 20 (Robertson 1971, p. 48). Data ants) and blueberries were determined the mean annual survival from recovered geolocators showed that proportionally greater in number than estimates for adults and yearlings were most Kirtland’s warblers exhibited a other taxa among samples. Deloria- 0.58 and 0.55, respectively. Rockwell et loop migration, with fall migration Sheffield et al. (2001, p. 386) suggested al. (2017, p. 722), also found that occurring farther east than spring that differences in the relative monthly survival probabilities were migration (Cooper et al. 2017, p. 214). importance of food items between relatively high when birds were Nearly all males departed the breeding spring foraging observations and late stationary on the wintering and grounds and flew in an easterly summer fecal samples were temporal breeding grounds, and were direction, spending time in southeastern and reflected a varied diet that shifts as substantially lower during the migratory Ontario or in the eastern Great Lakes food items become more or less period, which has the highest mortality

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15763

rate out of any phase of the annual showed no evidence of a bottleneck in State and Federal policy (Brown 1999, cycle, accounting for 44 percent of the oldest (1903–1912) sample, p. 9). Mayfield (1960, p. 26) estimated annual mortality. Survival probability indicating that any population declines the amount of jack pine on the was positively correlated to March prior to that point may have been landscape suitably aged for Kirtland’s rainfall in the previous year, suggesting gradual. Although population declines warblers had decreased to the effects of rain on the wintering have been observed since then, there approximately 40,470 ha (100,000 ac) of grounds carried over to affect annual was only weak genetic evidence of a suitable habitat in any one year. This survival in subsequent seasons. bottleneck in the two more recent reduction in habitat amount presumably Reduced rain can result in lower samples (no bottleneck detected in two resulted in fewer Kirtland’s warblers available food resources for Kirtland’s of three possible models for each from the preceding time period, and warblers, which could result in poorer sample). The study showed a slight loss Kirtland’s warblers were not observed in body condition; has been shown to of allelic richness between the oldest all stands of suitable conditions (Wood make them less likely to survive the and more recent samples (estimated to 1904, p. 10). Serious efforts to control subsequent spring migration (Rockwell be 1.7 alleles per locus), but no forest fires in Michigan began in 1927, et al. 2017, pp. 721–722); and lowers significant difference in heterozygosity and resulted in a further reduction of reproductive success during the between samples and no evidence of total acres burned, as the number of breeding season (Rockwell et al. 2012, inbreeding. Effective population size wildfires decreased and the size of p. 745). estimates varied depending on the forest tracts that burned decreased methods used, but none were low (Mayfield 1960, p. 26; Radtke and Genetics enough to indicate that inbreeding or Byelich 1963, p. 210). From the information available, it rapid loss of genetic diversity were By this time, brown-headed cowbirds appears that Kirtland’s warblers display likely in the future. Based on the had expanded from the short grass winter and breeding-ground panmixia available data, genetic diversity does not plains and become common within the (mixing of individuals across locations appear to be a limiting factor for the Kirtland’s warbler’s nesting range due to within the population). In 2007, eight Kirtland’s warbler, or indicate the need clearing of land for settlement and birds examined from six different for genetic management at this time. farming in northern Michigan (Wood wintering sites on Eleuthera Island were and Frothingham 1905, p. 49; Mayfield found on breeding territories in the Abundance and Population Trends 1960, p. 146). Brown-headed cowbirds Damon KWMA in Ogemaw County, Prior to 1951, the size of the are obligate brood parasites; females Michigan (Ewert, unpubl. data). Kirtland’s warbler population was remove an egg from a host species’ nest Additionally, four other birds banded extrapolated from anecdotal and lay their own egg to be raised by the from one wintering site on Eleuthera observations and knowledge about adult hosts, and the result usually Island were found on breeding breeding and wintering habitat causes the death of the remaining host territories across four counties in conditions. The Kirtland’s warbler nestlings (Rothstein 2004, p. 375). Brood northern lower Michigan. Kirtland’s population may have peaked in the late parasitism by brown-headed cowbirds warblers are also known to regularly 1800s, a time when conditions across contributed to the decline of Kirtland’s move between KWMAs in northern the species’ distribution were warblers, and a brown-headed cowbird lower Michigan during the breeding universally beneficial (Mayfield 1960, p. trapping program was initiated in 1972, season (Probst et al. 2003, p. 371). This 32). Wildfires associated with intensive to reduce the impact of brood parasitism suggests that the warbler’s population logging, agricultural burning, and (see Factor E discussion, below). exhibits panmictic (a group of railroads in the Great Lakes region Comprehensive surveys (censuses) of interbreeding individuals where all burned hundreds of thousands of acres, the entire Kirtland’s warbler population individuals in the population are and vast portions were dominated by began in 1951. Because of the warbler’s potential reproductive partners) rather jack pine forests (Pyne 1982, pp. 199– specific habitat requirements and the than metapopulation (groups of 200, 214). Suitable winter habitat frequent, loud and persistent singing of interbreeding individuals that are consisting of low coppice (early- males during the breeding season, it was geographically distinct) demographic successional and dense, broadleaf possible to establish a singing male characteristics (Esler 2000, p. 368). vegetation) was also becoming more census (Ryel 1976, p. 2). The census King et al. (2005, p. 569) analyzed abundant, due to a decrease in consists of an extensive annual survey blood samples from 14 wintering widespread commercial agriculture in of all known and potential breeding Kirtland’s warblers on Eleuthera Island, The Bahamas after the abolition of habitat to count singing males. The isolated and characterized 23 slavery in 1834, resulting in former census protocol assumes that there is a microsatellite DNA markers specific to croplands converting to scrub (low breeding female for each singing male, the species, and found moderate to high coppice) (Sykes and Clench 1998, p. so the number of singing males is levels of allelic diversity and 245). During this time, Kirtland’s assumed to equate to the number of heterozygosity that demonstrate the warblers were found in greater breeding pairs. Although this may not potential variability of the individual abundance throughout The Bahamas be true in some cases, the census loci that were developed. Wilson et al. than were found in previous decades, provides a robust, relative index of the (2012, pp. 7–9) used 17 microsatellite and reports of migratory strays came Kirtland’s warbler population change loci (12 were developed by King et al. from farther north and west of the over time (Probst et al. 2005, p. 51). 2015, p. 570) to measure and compare known migratory range, evidence of a Censuses were conducted in 1951, 1961, the genetic diversity from breeding larger population that would produce each year from 1971 to 2013, and in Kirtland’s warblers in Oscoda County, more migratory strays (Mayfield 1993, p. 2015 (Figure 1, below). The 1951 census MI. Wilson et al. (2012, pp. 7–9) tested 352). documented a population of 432 singing for genetic bottlenecks, temporal Between the early 1900s and the males confined to 28 townships in eight changes in genetic diversity, and 1920s, agriculture in the northwoods counties in northern lower Michigan effective population size using samples was being discouraged in favor of (Mayfield 1953, p. 18). By 1971, the from 3 time periods (1903–1912, 1929– industrial tree farming, and systematic Kirtland’s warbler population declined 1955, and 2008–2009). Their results fire suppression was integrated into to approximately 201 singing males and

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15764 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

was restricted to just 16 townships in record high of 2,383 singing males in (Kennedy 2017, pers. comm.; Williams six counties in northern lower Michigan 2015 (MDNR, USFS, USFWS unpubl. et al. 2016, p. 1). Starting in 2017, (Probst 1986, pp. 89–90). Over the next data). surveys for Kirtland’s warblers in 18 years, the Kirtland’s warbler Due in part to the increase in northern lower Michigan will occur population level remained relatively population numbers and distribution, every other year in a portion of the stable at approximately 200 singing and significant effort and cost associated known occupied habitat. This less males but experienced record lows of with monitoring for the Kirtland’s intensive survey is designed to detect 167 singing males in 1974 and again in warbler, the census in Michigan’s population trends (Kennedy 2017, pers. 1987. Shortly after 1987, the population northern Lower Peninsula has shifted to comm.). began a dramatic increase, reaching a a less intensive survey protocol

Since implementation of the brown- wildfire composed a higher percentage shift in available nesting habitat types, headed cowbird control program began of the total suitable habitat available to males redistributed out of habitat in 1972, the Kirtland’s warbler the Kirtland’s warbler compared to generated by wildfire and unburned- population size closely tracked with the other types of habitat (Donner et al. unplanted habitat and into plantation amount of suitable habitat on the 2008, p. 472). By 1992, artificially (planted) habitat. From 1995 to 2004, landscape in northern lower Michigan regenerated plantation habitat was males continued redistributing into at least through 2004 (Donner et al. nearly twice as abundant as wildfire plantations from wildfire habitat, and 85 2008, p. 478). Overall, the amount of habitat, and increased to triple that of percent of males were found in suitable habitat increased by nearly 150 wildfire habitat by 2002 (Donner et al. plantation habitat by 2004 (Donner et al. percent from 1979 to 2004. The source 2008, p. 472). From 1979 to 1994, the 2008, p. 475). This redistribution of of suitable habitat began to shift during majority of singing males were found in males into plantations also resulted in this time as well. In the late 1980s, wildfire-generated habitat (Donner et al. males being more evenly distributed maturation of habitat generated through 2008, p. 474). By 1994, responding to a across the core breeding range than in

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP12AP18.000 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15765

previous years. Artificial regeneration of simulation period, but mean population plasticity, data simulated by Brown et suitable breeding habitat, along with numbers remained above the population al. (2017a and 2017b, entire) provide brown-headed cowbird control (as goal of 1,000 pairs (Brown et al. 2017a, useful information in assessing relative discussed under Factor E, below), have p. 446), the numerical criterion population trends for the Kirtland’s been critical to the warbler’s recovery, identified in the Kirtland’s warbler warbler under a variety of future allowing for a dramatic increase in recovery plan (USFWS 1985). scenarios and provide the best available population numbers and wider Brown et al. (2017a, p. 447) assumed analysis of population viability. distribution across the landscape. In that future reductions to the Kirtland’s In summary, Kirtland’s warbler general, increasing the amount, quality, warbler’s productivity rates under two population numbers have been greatly and distribution of available habitat reduced cowbird removal scenarios affected by brown-headed cowbird results in larger, more genetically would be similar to historical rates. This parasitism rates and the extent and diverse populations that are more assumption would overestimate the quality of available habitat on the resilient and can more readily withstand negative effects on Kirtland’s warbler breeding grounds. The best available perturbations (Shaffer and Stein 2000, productivity if future parasitism rates population model predicts that limited pp. 308–312). are lower than the rates modeled (see non-traditional habitat management and Factor E discussion, below, for continued low brood parasitism rates Population Viability additional information on contemporary will result in sustained population Brown et al. (2017a, p. 443) parasitism rates). Supplementary numbers above the recovery goal. incorporated full annual cycle (breeding analysis (Brown et al. 2017b, unpub. Monitoring population numbers and and wintering) dynamics into a report) using the model structure and brood parasitism rates will be important population viability model to assess the assumptions of Brown et al. (2017a) in evaluating population viability in the long-term population viability of the simulated the impacts of a 5, 10, 20, and future, and will be considered as part of Kirtland’s warbler under five 30 percent reduction in productivity to the post-delisting monitoring plan. management scenarios: (1) Current take into consideration a wider range of Recovery and Recovery Plan suitable habitat and current cowbird possible future parasitism rates. Even Implementation removal; (2) reduced suitable habitat small reductions in annual productivity and current cowbird removal; (3) had measurable impacts on population State and Federal efforts to conserve current suitable habitat and reduced abundance, but there were not the Kirtland’s warbler began in 1957, cowbird removal, (4) current suitable substantial differences in mean and were focused on providing breeding habitat and no cowbird removal; and (5) population growth rate up to a 20 habitat for the species. The Kirtland’s reduced suitable habitat and reduced percent reduction in productivity warbler was federally listed as an cowbird removal. The model that best (Brown et al. 2017b, p. 3). Even with endangered species in 1967, under the simulated recently observed Kirtland’s annual reductions in productivity of up Endangered Species Preservation Act of warbler population dynamics included to 5 percent for 50 years, the population 1966 (Pub. L. 89–669). By 1972, a a relationship between precipitation in trend (growth rate) projected for the Kirtland’s Warbler Advisory Committee the species’ wintering grounds and final 30 years of the model simulations had been formed to coordinate productivity (Brown et al. 2017a, pp. was 0.998 (range from the 5 simulations management efforts and research actions 442, 444) that reflects our understanding 0.993 to 1.007) or nearly the same as across Federal and State agencies, and of carry-over effects (Rockwell et al. that projected in the simulations with conservation efforts expanded to 2012, pp. 748–750; Wunderle et al. no reduction in productivity at 0.999 include management of brown-headed 2014, pp. 46–48). (range of 0.995 to 1.008) (Brown et al. cowbird brood parasitism (Shake and Under the current management 2017b, p. 3). It is reasonable to infer that Mattsson 1975, p. 2). conditions, which include habitat the Kirtland’s warbler population can Efforts to protect and conserve the management and brown-headed support relatively small reductions in Kirtland’s warbler were further cowbird control at existing levels, the productivity over a long period of time enhanced when the Endangered Species model predicts that the Kirtland’s (e.g., the 50-year timeframe of the Act of 1973 became law and provided warbler population will be stable over a simulations), providing a margin of for acquisition of land to increase 50-year simulation period. When assurance as management approaches available habitat, funding to carry out simulating a reduced brown-headed are adaptively managed over time, and additional management programs, and cowbird removal effort by restricting the species may be able to withstand as provisions for State and Federal cowbird trapping activities to the great as a 20 percent reduction in cooperation. In 1975, the Kirtland’s central breeding areas in northern lower annual productivity, provided it does Warbler Recovery Team (Recovery Michigan (i.e., eastern Crawford County, not extend over several years. Team) was appointed by the Secretary southeastern Otsego County, Oscoda It is important to acknowledge that of the Interior to guide recovery efforts. County, western Alcona County, the results of the model simulations are A Kirtland’s Warbler Recovery Plan was Ogemaw County, and Roscommon most helpful to indicate the effect of completed in 1976 (USFWS 1976), and County) and assuming a 41 percent or various management decisions relative updated in 1985 (USFWS 1985), 57 percent reduction in Kirtland’s to one another, rather than provide outlining steps designed to protect and warbler productivity, the results showed predictions of true population increase the species’ population. a stable or slightly declining population, abundance. In other words, we Recovery plans provide important respectively, over the 50-year interpreted the model output to provide guidance to the Service, States, and simulation period (Brown et al. 2017a, us with projections of relative trends, other partners on methods of p. 447). Other scenarios, including rather than to apply specific population minimizing threats to listed species and reduced habitat suitability and reduced abundance thresholds to each future measurable objectives against which to Kirtland’s warbler productivity due to projection. Although there are measure progress towards recovery, but experimental jack pine management on limitations to all population models they are not regulatory documents. A 25 percent of available breeding habitat, based on necessary assumptions, input decision to revise the status of or had similar results with projected data limitations, and unknown long- remove a species from the List is population declines over the 50-year term responses such as adaptation and ultimately based on an analysis of the

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15766 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

best scientific and commercial data population of 1,000 pairs (USFWS 1985, 365). Accordingly, recovery efforts were available to determine whether a species pp. 18–20). We projected that this identified to: (1) Define the migration is no longer an endangered species or a would be accomplished by protecting route and locate wintering areas, (2) threatened species, regardless of existing habitat, improving occupied investigate the ecology of the Kirtland’s whether that information differs from and developing habitat, and establishing warbler and factors that might be the recovery plan. approximately 1,010 ha (2,550 ac) of affecting mortality during migration and The Kirtland’s warbler recovery plan new habitat each year, across 51,640 ha on its winter range, and (3) provide (USFWS 1985) identifies one ‘‘primary (127,600 ac) of State and Federal pine adequate habitat and protect the objective’’ (hereafter referred to as lands in the northern Lower Peninsula Kirtland’s warbler during migration and ‘‘recovery criterion’’) that identifies of Michigan (USFWS 1985, pp. 18–20). on its wintering areas (USFWS 1985, pp. when the species should be considered We also prioritized development and 24–26). for removal from the List, and improvement of guidelines that would In correspondence with the Service’s ‘‘secondary objectives’’ (hereafter maximize the effectiveness and cost Midwest Regional Director, and based referred to as ‘‘recovery actions’’) that efficiency of habitat management efforts on more than 20 years of research on the are designed to accomplish the recovery (USFWS 1985, p. 24). The MDNR, Kirtland’s warbler’s ecology and criterion. The recovery criterion states USFS, and Service developed the response to recovery efforts, the that the Kirtland’s warbler may be Strategy for Kirtland’s Warbler Habitat Recovery Team helped clarify recovery considered recovered and considered Management (Huber et al. 2001, entire) progress and issues that needed for removal from the List when a self- to update Kirtland’s warbler breeding attention prior to reclassification to sustaining population has been re- habitat management guidelines and threatened status or delisting (Ennis established throughout its known range prescriptions based on a review of past 2002, pp. 1–4; Ennis 2005, pp. 1–3). at a minimum level of 1,000 pairs. The management practices, analysis of From that synthesis, several important 1,000-pair demography-based standard current habitat conditions, and new concepts emerged that continued to was informed by estimates of the findings that would continue to inform recovery including: (1) Breeding amount of the specific breeding habitat conserve and enhance the status of the habitat requirements, amount, required by each breeding pair of Kirtland’s warbler (Huber et al. 2001, p. configuration, and distribution; (2) Kirtland’s warblers, the amount of 2). brood parasitism management; (3) potential habitat available on public By the time the recovery plan was migratory connectivity, and protection lands in Michigan’s northern Lower updated in 1985, the brown-headed of Kirtland’s warblers and their habitat Peninsula, and the ability of State and cowbird control program had been in during migration and on the wintering Federal land managers to provide effect for more than 10 years. The grounds; and (4) establishment of suitable nesting habitat on an annual brown-headed cowbird control program credible mechanisms to ensure the basis. The recovery criterion was had virtually eliminated brood continuation of necessary management intended to address the point at which parasitism and more than doubled the (Thorson 2005, pp. 1–2). the ultimate limiting factors to the warbler’s productivity rates in terms of Our understanding of the Kirtland’s species had been ameliorated so that the fledging success (Shake and Mattsson warbler’s breeding habitat selection and population is no longer in danger of 1975, pp. 2–4). The Kirtland’s warbler’s use and the links between maintaining extinction or likely to become so within reproductive capability had been adequate amounts of breeding habitat the foreseeable future. successfully restored, and the brown- and a healthy Kirtland’s warbler The recovery plan, however, does not headed cowbird control program was population has continued to improve. clearly articulate how meeting the credited with preventing further decline As the population has rebounded, recovery criterion will result in a of the species. Because management of Kirtland’s warblers have become reliant population that is at reduced risk of brown-headed cowbird brood parasitism on artificial regeneration of breeding extinction. The primary threats to the was considered essential to the survival habitat, but have also recolonized Kirtland’s warbler are pervasive and of the Kirtland’s warbler, it was naturally regenerated areas within the recurring threats, but threat-based recommended that the brown-headed historical range of the species and criteria specifying measurable targets for cowbird control program be maintained nested in habitat types previously control or reduction of those threats for ‘‘as long as necessary’’ (USFWS considered non-traditional or less were not incorporated into the recovery 1985, p. 27). suitable. As explained in more detail plan. Instead, the recovery plan lists Although the recovery plan identifies below, recovery efforts have expanded actions focused on specific actions, in breeding habitat as the primary limiting to establish and enhance management order to accomplish the recovery factor, with brood parasitism as a efforts on the periphery of the species’ criterion. These included managing secondary limiting factor, it also current breeding range in Michigan’s breeding habitat, protecting the suggests that events or factors outside Upper Peninsula, Wisconsin, and Kirtland’s warbler on its wintering the breeding season might be adversely Canada, and reflect the best scientific grounds and along the migration route, affecting survival (USFWS 1985, pp. 12– understanding of the amount and reducing key factors such as brown- 13). At the time the recovery plan was configuration of breeding habitat (see headed cowbird parasitism from updated, little was known about the Factor A discussion, below). These adversely affecting reproduction and Kirtland’s warbler’s migratory and adjustments improve the species’ ability survival of Kirtland’s warblers, and wintering behavior, the species’ to adapt to changing environmental monitoring the Kirtland’s warbler to migratory and wintering habitat conditions, withstand stochastic evaluate responses to management requirements, or ecological changes that disturbance and catastrophic events, practices and environmental changes. may have occurred within the species’ and better ensure long-term At the time the recovery plan was migration route or on its wintering conservation for the species. prepared, we estimated that land range. This lack of knowledge The brown-headed cowbird control managers would need to annually emphasized a need for more information program has run uninterrupted since maintain approximately 15,380 ha on the Kirtland’s warbler post fledging, 1972, as recommended in the recovery (38,000 ac) of nesting habitat in order to during migration, and on its wintering plan, and the overall methodology has support and sustain a breeding grounds (Kelly and DeCapita 1982, p. remained largely unchanged since the

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15767

program was established. Along with stakeholders to identify and implement In April 2016, the Service, MDNR, habitat management, brown-headed strategies to secure funds for long-term and USFS renewed a memorandum of cowbird control has proven to be a very Kirtland’s warbler conservation actions understanding (MOU) committing the effective tool in stabilizing and given the continuous, recurring costs agencies to continue collaborative increasing the Kirtland’s warbler anticipated with conserving the species habitat management, brown-headed population. To ensure survival of the into the future. The goal of this cowbird control, monitoring, research, Kirtland’s warbler, we anticipate that partnership is to ensure the Kirtland’s and education in order to maintain the continued brown-headed cowbird brood warbler thrives and ultimately is Kirtland’s warbler population at or parasitism management may be needed, delisted, as a result of strong public- above 1,000 breeding pairs, regardless of at varying levels depending on private funding and land management the species’ legal protection under the parasitism rates, to sustain adequate partnerships. Through the Kirtland’s Act (USFWS, MDNR, and USFS 2016, Kirtland’s warbler productivity. As Warbler Initiative, a stakeholder group entire). In addition, Kirtland’s warbler explained in more detail below, brown- called the Kirtland’s Warbler Alliance conservation actions are included in the headed cowbird control techniques and was developed to raise awareness in USFS’s land and resource management the scale of trapping efforts have support of the Kirtland’s warbler and plans (Forest Plans), which guide adapted over time and will likely the conservation programs necessary for management priorities for the Huron- continue to do so, in order to maximize the health of the species and jack pine Manistee, Hiawatha, and Ottawa program effectiveness and feasibility forests. National Forests. (see Factor E discussion, below). The second effort informing Kirtland’s Funding mechanisms that support We now recognize that the Kirtland’s warbler conservation efforts is the long-term land management and brown- warbler persists only through continual Kirtland’s Warbler Conservation Team. headed cowbird control objectives are in management activities designed to The Kirtland’s Warbler Conservation place to assure a high level of certainty mitigate recurrent threats to the species. Team was established to preserve that the agencies can meet their The Kirtland’s warbler is considered a institutional knowledge, share commitments to the conservation of the conservation-reliant species, which information, and facilitate Kirtland’s warbler. MDNR and USFS means that it requires continuing communication and collaboration have replanted approximately 26,420 ha management to address ongoing threats among agencies and partners to (90,000 ac) of Kirtland’s warbler habitat (Goble et al. 2012, p. 869). Conservation maintain and improve Kirtland’s over the past 30 years. Over the last 10 of the Kirtland’s warbler will continue warbler conservation. The current years, only a small proportion of the to require a coordinated, multi-agency Kirtland’s Warbler Conservation Team approach for planning and funding used to create Kirtland’s is comprised of representatives from the implementing conservation efforts into warbler habitat is directly tied to the Act Service, USFS, MDNR, Wisconsin DNR, the future. Bocetti et al. (2012, entire) through the use of grant funding (i.e., U.S. Department of Agriculture’s used the Kirtland’s warbler as a case section 6 funding provided to the Wildlife Services (USDA–WS), study on the challenge of delisting MDNR). Although there is the potential Canadian Wildlife Service, Huron Pines, conservation-reliant species. They that delisting could reduce the priority Kirtland’s Warbler Alliance, The Nature recommended four elements that should for Kirtland’s warbler work within the Conservancy, and California University be in place prior to delisting a MDNR and USFS, as noted in the of Pennsylvania. conservation-reliant species, including a Conservation Plan (MDNR 2015, p. 17), conservation partnership capable of Since 2015, conservation efforts for much of the forest management cost continued management, a conservation the Kirtland’s warbler have been guided (e.g., silvicultural examinations, sale plan, appropriate binding agreements by the Kirtland’s Warbler Breeding preparation, and reforestation) is not (such as memoranda of agreement Range Conservation Plan (Conservation specific to maintaining Kirtland’s (MOAs)) in place, and sufficient funding Plan) (MDNR et al. 2015, https:// warbler breeding habitat and would to continue conservation actions into www.michigan.gov/documents/dnr/ likely be incurred in the absence of the _ _ _ _ the future (Bocetti et al. 2012, p. 875). Kirtlands Warbler CP 457727 7.pdf). Kirtland’s warbler. The MDNR and The Kirtland’s warbler has a strong The Conservation Plan outlines the USFS have successfully navigated conservation partnership consisting of strategy for future cooperative Kirtland’s budget shortfalls and changes in multiple stakeholders that have invested warbler conservation and provides funding sources over the past 30 years considerable time and resources to technical guidance to land managers and were able to provide sufficient achieving and maintaining this species’ and others on how to create and breeding habitat to enable the recovery. Since 2016, the Recovery maintain Kirtland’s warbler breeding population to recover, and have agreed Team is no longer active, but instead habitat within an ecosystem to continue to do so through the MOU. new collaborative efforts formed to help management framework. The scope of Additionally, the Service and MNDR ensure the long-term conservation of the the Conservation Plan currently focuses developed an MOA to set up a process Kirtland’s warbler regardless of its only on the breeding range of the for managing funds to help address status under the Act. These efforts Kirtland’s warbler within the United long-term conservation needs, formed to facilitate conservation States, although the agencies involved specifically brown-headed cowbird planning through coordination, (MDNR, USFS, and USFWS) intend to control (USFWS and MDNR 2015, implementation, monitoring, and cooperate with other partners to expand entire). If the annual income generated research efforts among many partners the scope of the plan in the future to is greater than the amount needed to and across the species’ range. A address the entire species’ range (i.e., manage brown-headed cowbird coalition of conservation partners lead the entire jack pine ecosystem, as well parasitism rates, the remaining portion by Huron Pines, a nonprofit as the migratory route and wintering of the annual income may be used to conservation organization based in range of the species). The Conservation support other high priority management northern Michigan, launched the Plan will be revised every 10 years to actions to directly benefit the Kirtland’s Kirtland’s Warbler Initiative in 2013. incorporate any new information and warbler, including wildlife and habitat The Kirtland’s Warbler Initiative brings the best available science (MDNR et al. management, land acquisition and together State, Federal, and local 2015, p. 1). consolidation, and education. The MOA

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15768 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

requires that for a minimum of 5 years the inadequacy of existing regulatory reasonable to define the foreseeable after the species is delisted, MDNR mechanisms; or (E) other natural or future for the Kirtland’s warbler as 50 consult with the Service on planning manmade factors affecting its continued years. Beyond that time period, the the annual brown-headed cowbird existence. We must consider these same future conditions become more control program and other high priority five factors in delisting a species. We uncertain, such that we cannot make actions. In addition, MDNR recently may delist a species according to 50 predictions as to how they will affect reaffirmed their commitment to the CFR 424.11(d) if the best available the status of the species. MOA and confirmed their intent to scientific and commercial data indicate In considering what factors might implement and administer the brown- that the species is neither endangered constitute threats, we must look beyond headed cowbird control program, even nor threatened for the following reasons: the exposure of the species to a if the Kirtland’s warbler is delisted (1) The species is extinct; (2) the species particular factor to evaluate whether the (MDNR 2017). has recovered and is no longer species may respond to the factor in a In summary, the general guidance of endangered or threatened; and/or (3) the way that causes actual impacts to the the recovery plan has been effective, original scientific data used at the time species. If there is exposure to a factor and the Kirtland’s warbler has the species was classified were in error. and the species responds negatively, the responded well to active management For species that are already listed as factor may be a threat, and during the over the past 50 years. The primary endangered or threatened, this analysis status review, we attempt to determine threats identified at listing and during of threats is an evaluation of both the how significant a threat it is. The threat the development of the recovery plan threats currently facing the species and is significant if it drives or contributes have been managed, and commitments the threats that are reasonably likely to to the risk of extinction of the species, are in place to continue managing the affect the species in the foreseeable such that the species warrants listing as threats. The status of the Kirtland’s future following delisting or endangered or threatened as those terms warbler has improved, primarily due to downlisting (i.e., reclassification from are defined by the Act. However, the breeding habitat and brood parasitism endangered to threatened) and the identification of factors that could management provided by MDNR, USFS, removal or reduction of the Act’s impact a species negatively may not be and the Service. The population has protections. A recovered species is one sufficient to compel a finding that the been above the 1,000 pair goal since that no longer meets the Act’s definition species warrants listing. The 2001, above 1,500 pairs since 2007, and of endangered or threatened. A species information must include evidence above 2,000 pairs since 2012. The is ‘‘endangered’’ for purposes of the Act sufficient to suggest that the potential recovery criterion has been met. Since if it is in danger of extinction threat is likely to materialize and that it 2015, efforts for the Kirtland’s warbler throughout all or a ‘‘significant portion has the capacity (i.e., it should be of have been guided by a Conservation of its range’’ and is ‘‘threatened’’ if it is sufficient magnitude and extent) to Plan that will continue to be likely to become endangered within the affect the species’ status such that it implemented if the species is delisted. foreseeable future throughout all or a meets the definition of endangered or Since the revision of the recovery ‘‘significant portion of its range.’’ The threatened under the Act. The following plan (USFWS 1985), decades of research word ‘‘range’’ in the ‘‘significant portion analysis examines all five factors have been invaluable to refining of its range’’ phrase refers to the range currently affecting or that are likely to recovery implementation and have in which the species currently exists. affect the Kirtland’s warbler in the helped clarify our understanding of the For the purposes of this analysis, we foreseeable future. dynamic condition of the Kirtland’s will evaluate whether the currently warbler, jack pine ecosystem, and the listed species, the Kirtland’s warbler, A. The Present or Threatened factors influencing them. The success of should be considered endangered or Destruction, Modification or recovery efforts in mitigating threats to threatened throughout all of its range. Curtailment of Its Habitat or Range the Kirtland’s warbler are evaluated Then we will consider whether there are Breeding Habitat below. any significant portions of the Kirtland’s warbler’s range where the species is in Historically, wildfires were the most Summary of Factors Affecting the important factor in the establishment of Kirtland’s Warbler danger of extinction or likely to become so within the foreseeable future. natural jack pine forests and Kirtland’s Section 4 of the Act and its The Act does not define the term warbler breeding habitat. However, implementing regulations (50 CFR part ‘‘foreseeable future.’’ For the purpose of modern wildfire suppression greatly 424) set forth the procedures for listing this proposed rule, we defined the altered the natural disturbance regime species, reclassifying species, or ‘‘foreseeable future’’ to be the extent to that generated Kirtland’s warbler removing species from listed status. The which, given the amount and substance breeding habitat for thousands of years term ‘‘species’’ includes ‘‘any of available data, we can anticipate (USFWS 1985, p. 12; Cleland et al. 2004, subspecies of fish or wildlife or plants, events or effects, or reliably extrapolate pp. 316–318). Prior to the 20th century, and any distinct population segment threat trends, such that we reasonably the historic fire recurrence in jack pine [DPS] of any species of vertebrate fish or believe that reliable predictions can be forests averaged 59 years; although it is wildlife which interbreeds when made concerning the future as it relates now estimated to occur in cycles as long mature’’ (16 U.S.C. 1532(16)). A species to the status of the Kirtland’s warbler. as 775 years (Cleland et al. 2004, pp. may be determined to be an endangered Based on the history of habitat and 315–316). species or threatened species because of brown-headed cowbird management In the absence of wildfire, land any one or a combination of the five and the established commitment by managers must take an active role in factors described in section 4(a)(1) of the State and Federal partners to continue mimicking natural processes that Act: (A) The present or threatened the necessary management that has been regularly occurred within the jack pine destruction, modification, or conducted over the past 50 years, as ecosystem, namely stand-replacing curtailment of its habitat or range; (B) well as the predictions of the population disturbance events. This is primarily overutilization for commercial, viability model (Brown et al. 2017a, done through large-scale timber recreational, scientific, or educational entire) that considers a 50-year harvesting and human-assisted purposes; (C) disease or predation; (D) timeframe into the future, it is reforestation. Although planted stands

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15769

tend to be more structurally simplified requiring land management agencies to suitability (Dan Kennedy 2017, pers. than wildfire-regenerated stands jointly manage 1,550 ha (3,830 ac) of comm.). (Spaulding and Rothstein 2009, p. habitat annually (631 ha (1,560 ac) on The land management agencies have 2610), land managers have succeeded in MDNR land and 918 ha (2,270 ac) on maintained adequate breeding habitat selecting Kirtland’s Warbler USFS land) through wildfire- despite times when their budgets were Management Areas that have landscape regenerated jack pine or managed flat or declining, even while costs features of the natural breeding habitat reforestation (MDNR et al. 2015, pp. 22– related to reforestation continue to and have developed silvicultural 23). It is important to recognize that the increase. For example, over the last 30 techniques that produce conditions more recent observations concerning years, the MDNR replanted over 20,000 within planted stands suitable for density of Kirtland’s warblers in ha (50,000 ac) of Kirtland’s warbler Kirtland’s warbler nesting. In fact, over breeding habitat and duration of stand habitat, averaging over 680 ha (1,700 ac) 85 percent of the habitat used by use are often greater than the per year. They took this action breeding Kirtland’s warblers in 2015 in assumptions used for planning purposes voluntarily, and within the past 10 years, they used funding from sources the northern Lower Peninsula of and explain why the Kirtland’s warbler other than those available under the Michigan (approximately 12,343 ha population that is actually observed is Act. Section 6 grants under the Act have (30,500 ac)) had been artificially created higher than would be predicted based helped support MDNR’s Kirtland’s through clearcut harvest and replanting. on the planning assumptions. The planted stands supported over 92 warbler efforts, but that funding has percent of the warbler’s population The Conservation Plan identifies a largely been used for population census within the Lower Peninsula during the goal to develop at least 75 percent of the work in recent years and reflects only a breeding season (MDNR, USFS, USFWS, Kirtland’s warbler’s breeding habitat small percentage of the funding the unpubl. data). The effectiveness of these acreage using traditional habitat State of Michigan spends annually to strategies is also evident by the management techniques (opposing wave produce Kirtland’s warbler breeding reproductive output observed in planted planting with interspersed openings), habitat. stands, which function as population and no more than 25 percent of habitat Shifting agency priorities and sources (Bocetti 1994, p. 95). Thus, in a using non-traditional habitat competition for limited resources have landscape where natural fire management techniques (e.g., reduced and will continue to challenge the disturbance patterns have been reduced, stocking density, incorporating a red ability of land managers to fund threats to natural breeding habitat are pine component within a jack pine reforestation of areas suitable for Kirtland’s warblers. Low jack pine being mitigated through large-scale stand, prescribed burning) (MDNR et al. timber sale revenues, in conjunction habitat management. Therefore, the 2015, p. 23). Non-traditional techniques with reduced budgets, increased status of the Kirtland’s warbler depends will be used to evaluate new planting Kirtland’s warbler habitat reforestation largely on the continued production of methods that improve timber costs, and competition with other managed breeding habitat. marketability, reduce costs, and improve recreational opportunities programs, are challenges the land The Conservation Plan (MDNR et al. management agencies have met in the 2015) identifies continued habitat while sustaining the warbler’s population above the recovery criterion past and will need to continue management needs and objectives to addressing to meet annual habitat maintain sufficient suitable breeding of 1,000 pairs. The majority of managed breeding habitat is created through clear development objectives. Commitments habitat for Kirtland’s warblers. Habitat by land managers and the Conservation cutting and planting jack pine seedlings. management is currently conducted on Team are in place, as described However, managing jack pine for approximately 88,626 ha (219,000 ac) of previously, to ensure recovery of the Kirtland’s warbler breeding habitat jack pine forest within MDNR, USFS, Kirtland’s warbler will be sustained typically results in lower value timber and Service lands throughout the despite these challenges. northern Lower Peninsula and Upper products due to the overall poor site A regulatory mechanism that aids in Peninsula of Michigan (MDNR et al. quality in combination with the the management of breeding habitat is 2015, pp. 22–23). The Conservation Plan required spacing, density, and rotation Executive Order (E.O.) 13186, incorporates some conservative age of the plantings (Greco 2017, pers. ‘‘Responsibilities of Federal Agencies to assumptions about the area needed to comm.). Furthermore, the demand for Protect Migratory Birds’’ (66 FR 3853), support a breeding pair of Kirtland’s jack pine products has fluctuated in which directs Federal agencies to warblers, as well as how long a stand recent years, and long-term forecasts for develop a memorandum of will be used by the species. The density future marketability of jack pine are understanding (MOU) with the Service and duration of use estimates were uncertain. Commercially selling jack to promote the conservation of developed by data gathered over the last pine timber on sites where reforestation migratory bird populations. The USFS decade. Lands within the Lower will occur is critical to the habitat and the Service signed an MOU (FS Peninsula averaged 8 to 9 ha (19 to 22 management program. Timber receipts Agreement #08–MU–1113–2400–264) ac) per pair and had a duration of use offset the cost of replanting jack pine at pursuant to E.O. 13186 with the purpose between 9 and 10 years. Lands within the appropriate locations, scales, of strengthening migratory bird the Upper Peninsula on the Hiawatha arrangements, and densities needed to conservation by identifying and National Forest required an average of support a viable population of nesting implementing strategies that promote 40 ha (100 ac) per pair and had a Kirtland’s warblers that would not conservation and avoid or minimize duration of use averaging 10 years otherwise be feasible through adverse impacts on migratory birds (Huber et al. 2013 cited in MDNR et al. conservation dollars. The Kirtland’s through enhanced collaboration. 2015, p. 22). Using those measures of Warbler Conservation Team is currently Additionally, USFS Forest Plans have average hectares per pair and duration working on developing techniques been developed in compliance with the of use, 14,593 ha (36,060 ac) of suitable through adaptive management that provisions of section 7 of the Act and breeding habitat would need to be increase the marketability of the timber the Healthy Forest Restoration Act of available at all times to maintain a at harvest while not substantially 2003 (Pub. L. 108–148). These plans minimum population of 1,300 pairs, reducing Kirtland’s warbler habitat emphasize management that maintains

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15770 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

and develops essential breeding habitat to rest, usually due to weather events or Tourism is the primary economic for the Kirtland’s warbler (USFS 2006a, long flights over open water, Moore and activity in The Bahamas, accounting for p. 82; USFS 2006b, p. 35). Yong 1991, pp. 86–87; Kelly et al. 2002, 65 percent of the gross domestic We reviewed available information on p. 212; Ne´meth and Moore 2007, p. product, and The Bahamas’ Family the effects from expanded development 373), and may prolong stopover Islands Development Encouragement adjacent to occupied habitats in both duration or increase the number of Act of 2008 supports the development breeding and wintering areas, and stopovers that are needed to complete of resorts on each of the major Family impacts from recreational activities on migration between breeding and Islands (part of The Bahamas) (Moore the breeding grounds. Although these wintering grounds (Goymann et al. and Gape 2009, p. 72). Residential and factors and those discussed above do 2010, p. 480). commercial development could result in affect Kirtland’s warblers and their The quantity and quality of migratory direct loss of Kirtland’s warbler habitat, habitat, land management agencies have habitat needed to sustain Kirtland’s especially on New Providence and been successful in maintaining warbler numbers above the recovery Grand Bahama, which together support sufficient amounts of suitable habitat to goal of 1,000 pairs appears to be 85 percent of the population of support historically high numbers of sufficient, based on a sustained and Bahamian people (Moore and Gape Kirtland’s warblers. Although activities increasing population since 2001. If loss 2009, p. 73; Wunderle et al. 2010, p. that affect breeding habitat may still or destruction of migratory habitat were 135; Ewert 2011, pers. comm.). This loss have some negative effects on limiting or likely to limit the population could occur on both private and individual Kirtland’s warblers, the to the degree that maintaining a healthy commonage lands (land held population of Kirtland’s warblers population may be at risk, it should be communally by rural settlements), as appears resilient to these activities apparent in the absence of the species well as generational lands (lands held within the context of the current from highly suitable breeding habitat in jointly by various family members). management regime. Furthermore, to the core breeding range. In fact, we have Local depletion and degradation of date, management efforts have been seen just the opposite: Increasing the water table from wells and other adaptive in terms of the acreage and densities of breeding individuals in core water extraction and introduction of salt spatial and temporal configuration of areas and a range expansion into what water through human-made channels or habitat needed to mitigate the effects would appear to be less suitable habitat other disturbances to natural associated with natural breeding habitat elsewhere. This steady population hydrologies may also negatively impact loss and fragmentation. The land growth and range expansion has Kirtland’s warblers by affecting fruit and management agencies have shown a occurred despite increased development arthropod availability (Ewert 2011, pers. commitment to Kirtland’s warbler and fragmentation of migratory stopover comm.). habitat management through signing the habitat within coastal areas; therefore, Fire may have positive or negative 2016 MOU, agreeing to continue habitat loss or degradation of migratory habitat impacts on winter habitat, depending on management, and developing and is not a substantial threat to the species the frequency and intensity of fires, and implementing the Conservation Plan. now or in the foreseeable future. where the fires occur. Fires are relatively common and widespread on Migration Habitat Wintering Habitat the pine islands in the northern part of Although Kirtland’s warblers spend a The quantity and quality of wintering the archipelago, and have increased relatively small amount of time each habitat needed to sustain Kirtland’s since settlement, especially during the year migrating, the migratory period has warbler numbers above the recovery dry winter season when Kirtland’s the highest mortality rate out of any goal of 1,000 pairs appears to be warblers are present (The Nature phase of the annual cycle, accounting sufficient, based on a sustained and Conservancy 2004, p. 3). Human-made for 44 percent of annual mortality increasing population since 2001. fires may negatively impact wintering (Rockwell et al. 2017, p. 722). Migratory Compared to the breeding grounds, less Kirtland’s warblers if they result in survivorship levels are, however, above is known about the wintering grounds reduced density and fruit production of the minimum needed to sustain the in The Bahamas. Factors affecting understory shrubs in Caribbean pine population (Mayfield 1960, pp. 204– Kirtland’s warblers on the wintering (Pinus caribaea) stands (Lee et al. 1997, 207; Berger and Radabaugh 1968, p. 170; grounds, as well as the magnitude of the p. 27; Currie et al. 2005b, p. 85). On Bocetti et al. 2002, p. 99; Rockwell et al. impacts, remain somewhat uncertain. non-pine islands, fire may benefit 2017, pp. 721–723; Trick, unpubl data). Few of the known Kirtland’s warbler Kirtland’s warblers when succession of Recent research is refining our wintering sites currently occur on low coppice to tall coppice is set back knowledge of spring and fall migration protected land. Rather, most Kirtland’s (Currie et al. 2005b, p. 79). timing and routes for the Kirtland’s warblers appear to winter more Invasive plants are another potential warbler. Little is currently known about commonly in early successional habitats factor that could limit the extent of the importance of specific stop-over that have recently been or are currently winter habitat in The Bahamas. sites and any factors affecting them, being used by people (e.g., abandoned Brazilian pepper (Schinus although coastal areas along the Great after clearing, grazed by goats), where terebinthifolius), jumbie bean (Leucaena Lakes and Atlantic Ocean (e.g., western disturbance has set back plant leucocephala), and Guinea grass Lake Erie basin and the Florida and succession (Wunderle et al. 2010, p. (Panicum maximum) may be the most Georgia coasts) that appear important to 132). Potential threats to wintering important invasive species of immediate migrating Kirtland’s warblers are also habitat include habitat loss caused by concern (Ewert 2011, pers. comm.). areas where natural habitats have been human development, altered fire These aggressive plants colonize highly fragmented by human regime, changes in agricultural patches early after disturbances and development. At stopover sites within practices, and invasive plant species. may form monocultures, which these highly fragmented landscapes, The potential threats of rising sea level, preclude the establishment of species competition for food sources among drought, and destructive weather events heavily used by Kirtland’s warblers. long-distance passerine migrants is such as hurricanes on the wintering Some invasive species, such as jumbie expected to be high, especially in fallout grounds are discussed below under bean, are good forage for goats. By areas (when many migrating birds land Factor E. browsing on these invasive plants, goats

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15771

create conditions that favor native require a landscape-scale approach closures to specific areas for a variety of shrubs and may increase the density of (Wunderle et al. 2010, p. 135). reasons and, when necessary, could native shrubs used by Kirtland’s Although threats to Kirtland’s limit access outside of designated roads warblers (Ewert 2011, pers. comm.). warblers on the wintering grounds exist and trails to further protect the species. Goat farming could play a role in as a result of habitat loss due to The Kirtland’s warbler is protected by controlling the spread of some invasive succession or development, the current the Migratory Bird Treaty Act of 1918 species at a local scale, while aiding in extent and magnitude of these threats (MBTA; 16 U.S.C. 703–712). The MBTA the restoration of native vegetation appears not to be significantly limiting prohibits take, capture, killing, trade, or patches. Still, many plants such as royal Kirtland’s warbler population numbers possession of Kirtland’s warblers and poinciana (Delonix regia), tropical based on the species’ continuous their parts, as well as their nests and almond (Terminalia catappa), and population growth over the last two eggs. The regulations implementing the morning glory (Ipomoea indica) are decades. This indicates that loss or MBTA further define ‘‘take’’ as to commonly imported for landscaping degradation of winter habitat is not a ‘‘pursue, hunt, shoot, wound, kill, trap, and have the potential to escape into the substantial threat causing population- capture, or collect’’ or attempt those wild and become invasive (Smith 2010, level effects to the species now or in the activities (50 CFR 10.12). pp. 9–10; Ewert 2011, pers. comm.). foreseeable future. The States of Florida, Georgia, The Bahamas National Trust Indiana, Michigan, North Carolina, Habitat Distribution administers 32 national parks that cover Ohio, Virginia, and Wisconsin list the over 809,371 ha (2 million ac) (Bahamas The Kirtland’s warbler has always Kirtland’s warbler as endangered, under National Trust 2017, p. 3). Although not occupied a relatively limited geographic their respective State endangered all national parks contain habitat range on both the breeding and species regulations. In Michigan, where suitable for Kirtland’s warblers, several wintering grounds. This limited range the majority of the population breeds, parks are known to provide suitable makes the species naturally more part 365 of Public Act 451 of 1994 wintering habitat, including the Leon vulnerable to catastrophic events prohibits take, possession, Levy Native Plant Preserve on Eleuthera compared to species with wide transportation, importation, exportation, Island, Harrold and Wilson Ponds geographic distributions, because processing, sale, offer for sale, purchase, National Park on New Providence having multiple populations in a wider or offer to purchase, transportation or Island, and Exuma Cays Land and Sea distribution reduces the likelihood that receipt for shipment by a common or Park on Hawksbill Cay (The Nature all individuals will be affected contract carrier of Kirtland’s warblers or Conservancy 2011, p. 2). Hog Bay simultaneously by a catastrophic event their parts. The Kirtland’s warbler is Island, a national park in Bermuda, also (e.g., large wildfire in breeding habitat, listed as endangered under Ontario’s provides suitable Kirtland’s warbler hurricane in The Bahamas). Since the Endangered Species Act of 2007. wintering habitat (Amos 2005). species was listed, the geographic area The Kirtland’s warbler was declared Caribbean pine, a potentially where the Kirtland’s warbler occurs has federally endangered in Canada in 1979. important component of wintering increased, reducing the risk to the Canada’s Species at Risk Act of 2003 Kirtland’s warbler habitat, is protected species from catastrophic events. As the (SARA) is the primary law protecting from harvest in The Bahamas under the population continues to increase and the Kirtland’s warbler in Canada. Conservation and Protection of the expand in new breeding and wintering Canada’s SARA bans killing, harming, Physical Landscape of The Bahamas areas, the species will become less harassing, capturing, taking, possessing, (Declaration of Protected Trees) Order of vulnerable to catastrophic events. The collecting, buying, selling, or trading of 1997. The Bahamas National Trust Act Conservation Plan, which land individuals that are federally listed. In of 1959 and the National Parks management agencies agreed to addition, SARA also extends protection Ordinance of 1992 established non- implement under the 2016 MOU, to the residence (habitat) of individuals government statutory roles to the includes a goal to improve distribution that are federally listed. Bahamas National Trust and the Turks of habitat across the breeding range to Canada’s Migratory Bird Convention and Caicos Islands National Trust, reduce this risk by managing lands in Act of 1994 also provides protections to respectively. These acts empower these the Upper Peninsula of Michigan and in Kirtland’s warblers. Under Canada’s organizations to hold and manage Wisconsin in sufficient quantity and Migratory Bird Convention Act, it is environmentally important lands in quality to provide breeding habitat for unlawful to be in possession of trust for their respective countries. 10 percent (100 pairs) or more of the migratory birds or nests, or to buy, sell, Simply protecting parcels of land or 1,000 pairs goal (MDNR et al. 2015, p. exchange, or give migratory birds or important wintering habitat, however, 23). nests, or to make them the subject of may be insufficient to sustain adequate commercial transactions. amounts of habitat for the Kirtland’s B. Overutilization for Commercial, In The Bahamas and the Turks and warbler because of the species’ Recreational, Scientific, or Educational Caicos Islands, the Kirtland’s warbler is dependence on early successional Purposes recognized as a globally Near habitat (Mayfield 1972, p. 349; Sykes The Kirtland’s warbler is a non-game Threatened species, but has no federally and Clench 1998, pp. 256–257; Haney et species, and there is no known or listed status. In The Bahamas, the Wild al. 1998, p. 210; Wunderle et al. 2010, potential commercial harvest in either Birds Protection Act (chapter 249) p. 124), which changes in distribution the breeding or wintering grounds. allows the Minister of Wild Animals over time. In addition, food availability Utilization for recreational, scientific, or and Birds Protection to establish and at any one site varies seasonally, as well educational purposes appears to be modify reserves for the protection of any as between years, and is not adequately regulated by several State, wild bird. The species is also protected synchronous across all sites (Wunderle Federal, and international wildlife laws, in The Bahamas by the Wild Animals et al. 2010, p. 124). In the face of based on a sustained and increasing (Protection) Act (chapter 248) that changes in land use and availability, population since 2001. Land prohibits the take or capture, export, or sustaining sufficient patches of early- management agencies within the attempt to take, capture, or export any successional habitat for Kirtland’s Kirtland’s warbler’s breeding range have wild animal from The Bahamas. The warbler in The Bahamas will likely the ability to implement seasonal Bahamas regulates scientific utilization

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15772 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

of the Kirtland’s warbler, based on any existing regulatory mechanisms or The Kirtland’s warbler is particularly recommendations previously provided conservation efforts. Section 4(b)(1)(A) sensitive to brown-headed cowbird by the Kirtland’s Warbler Recovery of the Act requires that the Service take brood parasitism. The warbler’s limited Team (Bocetti 2011, pers. comm.). into account ‘‘those efforts, if any, being breeding range likely exposes the entire The species remains protected from made by any State or foreign nation, or population to brown-headed cowbird pursuit, wounding, or killing that could any political subdivision of a State or parasitism (Mayfield 1960, pp. 146–147; potentially result from activities focused foreign nation, to protect such species.’’ Trick, unpubl. data). In addition, the on the species in breeding, wintering, In relation to Factor D under the Act, we peak egg-laying period of the brown- and migratory habitat (e.g., wildlife interpret this language to require the headed cowbird completely overlaps photography without appropriate care to Service to consider relevant Federal, with that of the Kirtland’s warbler, and ensure breeding birds can continue to State, and Tribal laws, regulations, and the majority of Kirtland’s warblers feed and care for chicks and eggs other such binding legal mechanisms produce only one brood each year normally and without injury to their that may ameliorate or exacerbate any of (Mayfield 1960, pp. 151–152; offspring). Overutilization for the threats we describe in threat Radabaugh 1972, p. 55; Rockwell, recreational, scientific, or educational analyses under the other four factors or unpubl. data). Kirtland’s warblers have purposes does not constitute a otherwise enhance the species’ limited evolutionary experience with substantial threat to the Kirtland’s conservation. Our consideration of these brown-headed cowbirds compared to warbler now or in the foreseeable future. mechanisms is described within each of other hosts and have not developed C. Disease or Predation the threats to the species, where effective defensive behaviors to thwart applicable (see discussion under each of brood parasitism (Walkinshaw 1983, pp. There is no information of any disease the other factors). 157–158). impacting the Kirtland’s warbler on Between 1903 and 1971, researchers either the breeding or wintering E. Other Natural or Manmade Factors observed parasitism rates of Kirtland’s grounds. Affecting Its Continued Existence warbler nests ranging from 48 percent to For most passerines, nest predation 86 percent (reviewed in Shake and Brood Parasitism has the greatest negative impact on Mattson 1975, p. 2). Brown-headed reproductive success, and can affect Brood parasitism can depress cowbirds also appear to exert greater entire populations (Ricklefs 1969, p. 6; reproduction of avian hosts in several pressure on Kirtland’s warbler nests Martin 1992, p. 457). Nest predation ways, including the direct removal or than other passerines within the same may be particularly detrimental for predation of eggs or young, facilitating breeding habitat. Walkinshaw (1983, p. ground-nesting bird species in nest predation by other nest predators, 154) reported that 93 percent of all the shrublands (Martin 1993, p. 902). reducing hatching or fledging success, brown-headed cowbird eggs he found in Predation rates of Kirtland’s warbler altering host population sex ratios, and jack pine habitat were located in nests have ranged from 3 to 67 percent increasing juvenile and adult mortality Kirtland’s warbler nests compared to all of nests examined (Mayfield 1960, p. beyond the nest (Elliot 1999, p. 55; other host species combined. Kirtland’s 204; Cuthbert 1982, p. 1; Walkinshaw Hoover 2003, pp. 928–929; Smith et al. warbler fledging rates averaged less than 1983, p. 120); however, few predation 2003, pp. 777–780; Zanette et al. 2005, 1 young per nest prior to the initiation events have been directly observed, and p. 818; Hoover and Reetz 2006, pp. 170– of brown-headed cowbird control in general, evidence regarding the 171; Hoover and Robinson 2007, p. (Walkinshaw 1972, p. 5). importance of certain nest or adult 4480; Zanette et al. 2007, p. 220). The The effect of brown-headed cowbird predators lack quantitative support brown-headed cowbird is the only parasitism exacerbated negative impacts (Mayfield 1960, p. 182; Walkinshaw brood parasite within the Kirtland’s associated with habitat loss in the 1972, p. 5; Walkinshaw 1983, pp. 113– warbler’s breeding range. decline of the Kirtland’s warbler 114). population (Rothstein and Cook 2000, p. Overall, nest predation rates for Although brown-headed cowbirds 7). Nicholas Cuthbert and Bruce Kirtland’s warblers are similar to non- were historically restricted to prairie Radabaugh (Cuthbert 1966, pp. 1–2) endangered passerines and are below ecosystems, forest clearing and demonstrated that trapping brown- levels that would compromise agricultural development of Michigan’s headed cowbirds within Kirtland’s population replacement (Bocetti 1994, Lower Peninsula in the late 1800s warbler nesting areas decreased pp. 125–126; Cooper et al., unpubl. facilitated the brown-headed cowbird’s parasitism rates and increased data). The increasing numbers of house range expansion into Kirtland’s warbler Kirtland’s warbler nesting success. cats in the breeding and wintering nesting areas (Mayfield 1960, p. 145). Accordingly, intensive brown-headed habitats is recognized (Lepczyk et al. Wood and Frothingham (1905, p. 49) cowbird removal was recommended on 2003, p. 192; Horn et al. 2011, p. 1184), found that brown-headed cowbirds were major Kirtland’s warbler nesting areas as but there is not sufficient evidence to already common within the Kirtland’s one of the necessary steps for the conclude at this time that predation warbler’s breeding range by the early recovery of the Kirtland’s warbler from cats is currently having 1900s. Strong (1919, p. 181) later (Shake and Mattsson 1975, p. 2). population-level impacts to the reported the first known instance of Since 1972, the Service, in Kirtland’s warbler. Therefore, we brood parasitism of a Kirtland’s warbler conjunction with the USDA–WS, conclude that disease and predation do nest in Crawford County, Michigan, in MDNR, and USFS, has implemented an not constitute substantial threats to the 1908. Shortly thereafter, Leopold (1924, intensive brown-headed cowbird Kirtland’s warbler now or in the p. 57) related the scarcity of Kirtland’s control program within major Kirtland’s foreseeable future. warblers to brown-headed cowbird warbler nesting areas in Michigan’s parasitism. Mayfield (1960, pp. 180– Lower Peninsula. On average, the D. Inadequacy of Existing Regulatory 181) supported Leopold’s hypothesis control program annually removes Mechanisms with empirical data, and further approximately 3,573 brown-headed Under this factor, we examine the recognized that brown-headed cowbird cowbirds from occupied Kirtland’s threats identified within the other parasitism significantly affected the warbler habitat in northern lower factors as ameliorated or exacerbated by survival of the Kirtland’s warbler. Michigan (USDA–WS 2016, unpubl.

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15773

report). Recent trap rates, however, have to other parts of North America (De frequency and host bird productivity been below 1,500 brown-headed Groot and Smith 2001, p. 877). returning to pre-trapping levels quickly cowbirds per year (USDA–WS, unpubl. Anecdotal observation of brood upon discontinuing cowbird removal. data). Brown-headed cowbird trapping parasitism rates have also indicated very After 45 years of brown-headed is also conducted in selected Kirtland’s low levels of brood parasitism within cowbird trapping in Michigan, the warbler breeding areas in Wisconsin. Kirtland’s warbler nesting areas (Bocetti threat of brood parasitism on the The trapping program in Wisconsin 1994, p. 96; Rockwell 2013, p. 93). Kirtland’s warbler has been greatly started in 2008, and is run using similar A study is currently underway in reduced, but not eliminated. Brown- methods to the program in Michigan, Michigan to evaluate the effective range headed cowbirds are able to parasitize with an average of 238 brown-headed of a brown-headed cowbird trap and to more than 200 host species (Friedmann cowbirds captured per year (USDA–WS, determine the brood parasitism rate of et al. 1977, p. 5), and the effect of USFWS unpub. data). Kirtland’s warbler nests when traps are brown-headed cowbird parasitism is Following the initiation of brown- not operated during the warbler’s therefore not density-dependent on any headed cowbird control in northern breeding season. Beginning in 2015, 12 one host. Brown-headed cowbirds lower Michigan in 1972, brood brown-headed cowbird traps (out of 55 remain present in jack pine habitat away parasitism rates decreased to 6.2 total) were closed for two breeding from brown-headed cowbird traps, even percent, and averaged 3.4 percent seasons, and Kirtland’s warbler nests if that area had been trapped in previous between 1972 and 1981 (Kelly and were searched to determine the rate of years, but potentially in lower numbers DeCapita 1982, p. 363). Kirtland’s parasitism (Cooper et al., unpubl. data). (DeGroot and Smith 2001, p. 877; Bailey warbler fledging rates simultaneously In 2015, only one nest out of 150 was 2007, pp. 97–98; Cooper et al., unpubl. increased from less than 1 per nest to parasitized, approximately 8 km (5 data). Female brown-headed cowbirds 2.8 per nest, and averaged 2.78 young miles) away from the nearest brown- are highly prolific, estimated to produce fledged per nest between 1972 and 1981 headed cowbird trap. In 2016, similar up to 40 eggs in a breeding season (Scott (Kelly and DeCapita 1982, pp. 364–365). low rates of parasitism were observed, and Ankney 1980, p. 680). Successful Had brown-headed cowbird parasitism with only two parasitized nests out of brown-headed cowbird reproduction not been controlled, Mayfield (1975, p. 137. Due to the low levels of brood outside of trapped areas may maintain 43) calculated that by 1974, the parasitism observed, an additional 6 a population of adult brown-headed Kirtland’s warbler population may have traps were closed in 2017, and none of cowbirds that could return in been reduced to only 42 pairs. the 100 nests observed in 2017 was subsequent years with the ability to Brood parasitism of Kirtland’s warbler parasitized (Cooper et al., unpubl. data). parasitize Kirtland’s warbler nests. It is nests also occurs in Wisconsin. In 2007, These preliminary data corroborate unclear if reduced parasitism rates are a two of three Kirtland’s warbler nests similar findings that the effective range permanent change to the landscape of were parasitized (USFWS unpubl. data). of a brown-headed cowbird trap is likely northern lower Michigan. The best After the initiation of brown-headed much larger than the range (1.6 km (1 available information, however, cowbird control in 2008, brood mile) radius) traditionally used in indicates that cowbird removal efforts parasitism rates in Wisconsin have planning and implementing the brown- can be reduced without adversely fluctuated substantially among years, headed cowbird control program. impacting Kirtland’s warbler from 10 percent to 66 percent (USFWS Additionally, point count surveys productivity rates. Given the historical unpubl. data; Trick unpubl. data). were conducted during 2015 and 2016, impact that the brown-headed cowbird However, in the same time period in Kirtland’s warbler nesting areas in has had on the Kirtland’s warbler, and (2008–2017), overall nest success has Michigan’s northern Lower Peninsula the potential for the brown-headed ranged from 19 to 80 percent, and the where brown-headed cowbird traps cowbird to negatively affect the warbler, average fledge rate was estimated to be were not being operated. Only 13 a sustainable Kirtland’s warbler between 1.51 to 1.92 chicks per nest brown-headed cowbirds were observed population depends on monitoring the (USFWS 2017, pp. 2–3). during 271 point count surveys (Cooper magnitude and extent of brood Limited studies on the effectiveness of et al., unpubl. data). Trend estimate data parasitism and subsequently adjusting the brown-headed cowbird control from Breeding Bird Survey routes the level of cowbird trapping program in relation to Kirtland’s warbler between 2005 and 2015 have also appropriately. nest productivity in Michigan have been shown decreased brown-headed The MOA (see Recovery and Recovery conducted since the early 1980s. De cowbird population trends in Michigan Plan Implementation discussion, above) Groot and Smith (2001, p. 877) found and the Upper Great Lakes (Sauer et al. established in 2015 between the Service that brown-headed cowbirds were 2017, p. 169). and MDNR addresses the commitment nearly eliminated in areas directly However, in similar experiments and long-term costs associated with adjacent to a trap, and brown-headed where brown-headed cowbird trapping future efforts to control cowbirds. The cowbird densities decreased 5 km (3 was reduced or brought to an end MOA established a dedicated account miles) and greater from brown-headed following a lengthy period of trapping, from which income can be used to cowbird removal areas. Brown-headed brood parasitism rates elevated or implement cowbird management and cowbird densities significantly returned to pre-trapping rates. Research other conservation actions for the increased at distances greater than 10 at Fort Hood Military Reservation in Kirtland’s warbler. To date, the account km (6 miles) from brown-headed Texas showed that after 3 years of has greater than one million dollars cowbird removal areas, further decreased brown-headed cowbird invested for long-term growth, and demonstrating the localized effect of trapping levels, parasitism rates income generated will be used to ensure brown-headed cowbird control (De increased from 7.9 percent to 23.1 sufficient cowbird management to Groot and Smith 2001, p. 877). percent and resulted in black-capped adequately reduce nest parasitism of the Although brown-headed cowbird vireo (Vireo atricapilla) nest survival Kirtland’s warbler. density increased with distance beyond decreasing to unsustainable levels Thus, we conclude that with the 5 km (3 miles) of brown-headed cowbird (Kostecke et al. 2009, p. 1). Kosciuch expected continued management, the traps, brown-headed cowbird densities and Sandercock (2008, p. 546) found threat of brood parasitism by brown- were still low in those areas compared similar results with parasitism headed cowbirds to the Kirtland’s

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15774 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

warbler has been ameliorated to reduction of suitable Kirtland’s warbler likely range in the rise in sea level of sufficiently low levels and will continue breeding habitat in Michigan, as well as 0.26 m (0.85 ft) to almost 1 m (3.3 ft, to remain at these acceptable levels in an expansion of suitable habitat in IPCC 2013, p. 25; Church et al. 2013, p. the foreseeable future. western Wisconsin and Minnesota 1186); other estimates in sea level rise (Prasad et al. 2007, unpaginated). for the same timeframe ranged from a Effects of Changes to Environmental On the wintering grounds, effects to Conditions minimum of 0.2 m (0.7 ft) to a the Kirtland’s warbler could occur as a maximum of 2.0 m (6.6 ft) (Parris et al. The effects of projected changes in result of changing temperature, 2012, p. 12). Increase in sea level could temperature, precipitation, and sea level precipitation, rising sea levels, and reduce the availability of suitable on Kirtland’s warblers were not storm events. For migratory species, habitat due to low-elevation areas being identified in the listing rule (32 FR unfavorable changes on the wintering inundated, resulting in a reduction in 4001; March 11, 1967) or in the updated grounds can result in subsequent the size of the islands on which recovery plan (USFWS 1985, entire), yet negative effects on fitness later in the Kirtland’s warblers winter (Amadon the potential impact of climate change annual cycle (Marra et al. 1998, p. 1885; 1953, p. 466; Dasgupta et al. 2009, pp. has gained widespread recognition as Rockwell et al. 2012, pp. 747–748; 21–23). The Bahamas archipelago is one of many pressures that influence the Rockwell et al. 2017, p. 721; Sillett et al. mainly composed of small islands, and distributions of species, the timing of 2000, pp. 2040–2041). For the Kirtland’s more than 80 percent of the landmass is biological activities and processes, and warbler, wintering habitat condition has within 1.5 m (4.9 ft) of mean sea level the health of populations. Potential been shown to affect survival and (The Bahamas Environment, Science effects to the Kirtland’s warbler include reproduction (Rockwell et al. 2017, p. and Technology Commission 2001, p. a decrease in productivity rates, a 721; Rockwell et al. 2012, pp. 747–748). 43). This makes The Bahamas decrease and shift in suitable breeding This likely results from limited resource particularly vulnerable to future rises in habitat outside of the species’ current availability on the wintering grounds sea level (Simpson et al. 2010, p. 74), range (Prasad et al. 2007, unpaginated), that reduces body condition and fat which could result in reduction of the a decrease in the extent of wintering reserves necessary for successful extent of winter habitat and negatively habitat, and decoupling the timing of migration and reproduction (Wunderle impact the Kirtland’s warbler. Simpson migration from food resource peaks that et al. 2014, pp. 47–49). The availability et al. (2010, p. 77) estimated a loss of are driven by temperature and are of sufficient food resources is affected 5 percent of landmass in the Bahamas necessary for migration and feeding by the extent of habitat for arthropods due to a 1 m rise in sea level, whereas offspring (van Noordwijk et al. 1995, p. and fruiting plants, temperature, and Dasgupta et al. (2007, p. 12; 2009, p. 456; Visser et al. 1998, pp. 1869–1870; precipitation (Brown and Sherry 2006, 385) estimates 11.0 percent of land area Thomas et al. 2001, p. 2598; Strode pp. 25–27; Wunderle et al. 2014, p. 39). in The Bahamas would be impacted by 2003, p. 1142). Temperatures in the Caribbean have a 1 m (3.3 ft) sea level rise. Wolcott et There are a multitude of anticipated shown strong warming trends across all al. (in press, unpaginated) analyzed the changes to the extent and availability of regions, particularly since the 1970s amount of Kirtland’s warbler habitat suitable Kirtland’s warbler habitat (Jones et al. 2015, pp. 3325, 3332), and that would be lost due to a 1 m (3.3 ft) within jack pine forests on the breeding are likely to continue to warm. Climate and 2 m (6.6 ft) rise in sea level on north grounds based on projected changes to models predict an increase in and north-central islands in The temperature and precipitation that range temperature of almost 2.5 to 3.0 degrees Bahamas, using high resolution land from expansion to contraction of Celsius (4.5–6.3 degrees Fahrenheit) cover data for Eleuthera and ‘‘open habitat. Continued increases in above the mean temperatures of 1970– land’’ (nonforest, urban, or water) temperature and evaporation will likely 1989 by the 2080s (Karmalkar et al. reduce jack pine forest acreage (NAST 2013, p. 301). In addition to higher within available GIS land cover data for 2000, pp. 116–117), as well as increase mean daily temperatures, Stennett- the other islands. On Eleuthera, the the susceptibility of current jack pine Brown et al. (2017, pp. 4838–4840) island with the greatest known density forests to pests and diseases (Bentz et al. predict an increase in the number of of overwintering Kirtland’s warblers, the 2010, p. 609; Cudmore et al. 2010, pp. warm days and nights, and a decrease amount of available wintering habitat 1040–1041; Safranyik et al. 2010, p. in the frequencies of cool days and was reduced by 0.8 percent and 2.6 433). Competition with deciduous forest nights, for 2071–2099 relative to 1961– percent due to a 1 m (3.3 ft) and 2 m species is also expected to favor an 1999. Increased temperatures could (6.6 ft) rise in sea level, respectively expansion of the deciduous forest into affect food availability by altering food (Wolcott et al. in press, unpaginated). the southern portions of the boreal supply (arthropod and fruit availability), Loss of habitat was greater for northern forest (USFWS 2009, p. 14) and affect although it is unknown to what extent islands of The Bahamas where interspecific relationships between the the predicted increases in temperature elevations are lower, and where there Kirtland’s warbler and other wildlife would increase or decrease food supply have historically been few observations (Colwell and Rangel 2009, p. 19657; for the Kirtland’s warbler. Other effects of Kirtland’s warblers (Wolcott et al. in Wiens et al. 2009, p. 19729). However, of increasing temperature related to sea press, unpaginated). warmer weather and increased levels of level and precipitation are described Generally, climate models predict a carbon dioxide could also lead to an below. drying trend in the Caribbean, but there increase in tree growth rates on Increasing temperatures can is considerable temporal and spatial marginal forestlands that are currently contribute to sea level rise from the variation and often disagreement among temperature-limited (NAST 2000, p. 57). melting of ice over land and thermal models regarding specific predictions Additionally, higher air temperatures expansion of seawater. A wide range of that make it difficult to determine the will cause greater evaporation and, in estimates for future global mean sea extent to which reduced rainfall or turn, reduce soil moisture, resulting in level rise are found in the scientific timing of rainfall may affect the conditions conducive to forest fires literature (reviewed in Simpson et al. Kirtland’s warbler in the future. We (NAST 2000, p. 57) that favor jack pine 2010, pp. 55–61). The reviewed available literature examining propagation. Under different greenhouse Intergovernmental Panel on Climate precipitation trends and projections in gas emission scenarios, there may be a Change (IPCC) (2013, p. 25) predicted a the Caribbean, and specifically The

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15775

Bahamas, to assess the potential effects Caribbean. Recent models using estimated a negative population growth of changes in precipitation. statistical downscaling techniques have in Kirtland’s warbler as a result of a Jones et al. (2016, p. 10) found that improved resolution, but still show reduction (by more than 12.4 percent precipitation trends in the Caribbean limitations for predicting precipitation. from the current mean levels) in March from 1979–2012 did not show Thus, rainfall projections where rainfall. statistically significant century-scale Kirtland’s warblers overwinter have Extreme weather events such as trends across regions, but there were limited certainty and should be tropical storms and hurricanes will periods of up to 10 years when some interpreted with caution. Understanding continue to occur with an expected regions were drier or wetter than the the likely projected precipitation in the reduction in the overall frequency of long-term averages. In the northern Bahamas and Caribbean is important weaker tropical storms and hurricanes, Caribbean (which includes The because of the strong link between late but an increase in the frequency of the Bahamas, Cuba, Jamaica, Haiti, winter rainfall and fitness of Kirtland’s most intense hurricanes (category 4 and Dominican Republic, and Puerto Rico), warblers. A drying trend on the 5 hurricanes), based on several some years were more wet than the wintering grounds will likely cause a dynamical climate modeling studies of average, and other years were more dry corresponding reduction in available Atlantic basin storm frequency and across all seasons (Jones et al. 2016, p. food resources (Studds and Marra 2007, intensity (Bender et al. 2010, p. 456; 3314), with higher precipitation totals pp. 120–121; Studds and Marra 2011, Knutson et al. 2010, pp. 159–161; since about 2000. Within The Bahamas, pp. 4–6). Rainfall in the previous month Murakami et al. 2012a, pp. 2574–2576; precipitation trends during the dry was an important factor in predicting Murakami et al. 2012b, pp. 3247–3253; season (November through April) fruit abundance (both ripe and unripe Knutson et al. 2013, pp. 6599–6613; showed a significant drying trend for fruit) for wild sage and black torch in Knutson et al. 2015, pp. 7213–7220). 1979–2009 (Jones et al. 2016, pp. 3328, The Bahamas (Wunderle et al. 2014, p. Although very intense hurricanes are 3331). 19), which is not surprising given the relatively rare, they inflict a Karmalkar et al. (2013, entire) used high water content (60–70 percent) of disproportionate impact in terms of available climate model data to provide their fruit (Wunderle unpubl. data, cited storm damage (e.g., approximately 93 both present-day and scenario-based in Wunderle et al. 2014, p. 4). Carry- percent of damage resulting from future predictions on precipitation and over effects of weather on the wintering hurricanes is caused by only 10 percent temperature for the Caribbean islands. grounds, particularly late-winter of the storms Mendelsohn et al. 2012, p. Projected trends in The Bahamas by the rainfall, have been shown to affect 3). Hurricanes have the potential to 2080s show relatively small changes in spring arrival dates, reproductive result in direct mortality of Kirtland’s terms of wet season precipitation, with success, and survival rates of Kirtland’s warblers during migration and while on a small decrease in precipitation in the warblers (reviewed in Wunderle and the wintering grounds (Mayfield 1992, early part of the wet season (May Arendt 2017, pp. 5–12; Rockwell et al. p. 11), but the more significant effects through July) and a slight increase in the 2012, p. 749; Rockwell et al. 2017, pp. generally occur following the hurricane late wet season (August through 721–722). due to altered shelter and food (Wiley October) in the northern parts of The and Wunderle 1993, pp. 331–336). Bahamas (Karmalkar et al. 2013, p. 297). Decreases in rainfall and resulting Because Kirtland’s warblers readily shift In one model, the dry season was decreases in food availability may also sites on the wintering grounds based on predicted to remain largely the same, result in poorer body condition prior to food availability, Kirtland’s warblers except for a small increase in migration. The need to build up the would likely be able to shift locations precipitation in November, whereas an necessary resources to successfully within and possibly between nearby alternate model projected The Bahamas complete migration could, in turn, islands as an immediate post-hurricane would experience wetter conditions in result in delays to spring departure in response (Wunderle et al. 2007, p. 124). the dry season, including during March dry years (Wunderle et al. 2014, p. 16) Further, hurricanes likely produce new (Karmalkar et al. 2013, pp. 298, 299). and may explain observed delays in wintering habitat for Kirtland’s warblers Finally, Wolcott et al. (in press, arrival times following years with less by opening up closed canopy habitat of unpaginated) modeled projected March rainfall in The Bahamas tall coppice, and may also help set back changes in precipitation under two (Rockwell et al. 2012, p. 747). Delays in succession for existing suitable habitat scenarios with varying future carbon the spring migration of closely related (Wunderle et al. 2007, p. 126). dioxide (CO2) emissions and found that American redstarts (Setophaga ruticilla) Because of the uncertainties in the projected precipitation varied have also been directly linked to modeling the projected changes in seasonally and spatially throughout the variation in March rainfall and precipitation, both spatially and islands of The Bahamas, both in the arthropod biomass (Studds and Marra temporally, there is a great level of mid-term (2050) and long-term (2100). 2007, p. 120; Studds and Marra 2011, p. uncertainty in how precipitation is The northern and north-central islands 4) and have also resulted in fewer likely to change in the foreseeable future are likely to have increased offspring produced per summer and thereby affect Kirtland’s warbler. precipitation in March (compared to (Reudinck et al. 2009, p. 1624). These There is more confidence that baseline conditions), whereas the results strongly indicate that temperatures are likely to increase, and central islands are likely to become environmental conditions modify the it is possible that there will be a drying drier. phenology of spring migration, which trend over much of the Caribbean. Accurately projecting future likely carries a reproductive cost. If The However, it is not clear whether all precipitation trends in the Caribbean is Bahamas experience a significant winter islands will be equally affected by less difficult due to the complex interactions drying trend, Kirtland’s warblers may be precipitation. As a long-distance between sea surface temperatures, pressured to delay spring departures, migrant, the Kirtland’s warbler is well atmospheric pressure at sea level, and while simultaneously contending with suited, in terms of its movement predominant wind patterns. Further, warming trends in their breeding range patterns and dispersal ability, to reach some models have difficulty accurately that pressure them to arrive earlier in other locations outside of their current simulating the semi-annual seasonal the spring. Projection population winter range where suitable winter cycle of precipitation observed in the modeling (Rockwell et al. 2017, p. 2) habitat and food resources may be more

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15776 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

available under future temperature and proportion of species (41 percent) that Additionally, migrating birds are not precipitation conditions. Individuals suffer migration mortality at human- equally attracted to various lighting have been reported wintering outside of made structures belong to the wood patterns, and modifying certain types of The Bahamas (see Distribution warbler subfamily (Parulinae), of which lighting systems could significantly discussion above), though the extent of many species exhibit the above- reduce collision-related mortality. behavioral plasticity and adaptive mentioned behaviors (Ogden 1996, p. Gehring et al. (2009, p. 509) reported capacity at the species level to shift 14). that by removing steady-burning, red L– locations in response to future, long- The Kirtland’s warbler belongs to the 810 lights and using only flashing, red term precipitation and temperature Parulinae subfamily and exhibits many L–864 or white L–865 lights on conditions in the Caribbean remains of the behaviors characteristic of other communication towers and other unknown. birds considered vulnerable to collision similarly lit aeronautical obstructions, mortality rates could be reduced by as Collision With Lighted and Human- with human-made structures, yet little much as 50 to 70 percent. On December Made Structures is known regarding how prone this species is to collision. The majority of 4, 2015, the Federal Aviation Collision with human-made bird collisions go undetected because Administration revised its advisory structures (e.g., tall buildings, corpses land in inconspicuous places or circular that prescribes tower lighting to communication towers, wind turbines, are quickly removed by scavengers eliminate the use of L–810 steady- power lines, heavily lighted ships) kills postmortem (Klem 2009, p. 317). burning side lights on towers taller than or injures millions of migrating Additionally, while most avian 107 m (350 ft) (AC 70/7460–1L), and on songbirds annually (reviewed in Drewitt collisions take place during migration, September 28, 2016, released and Langston 2008, p. 259; Longcore et detailed information about Kirtland’s specifications for flashing L–810 lights al. 2008, pp. 486–489). Factors that warbler migration is still limited. The on towers 46–107 m (150–350 ft) tall. influence the likelihood of avian Kirtland’s warbler population is also These lighting changes should collisions with human-made structures small, reducing the probability of significantly reduce the risk of include size, location, the use of collision observations by chance alone, migratory bird collisions with lighting, and weather conditions during compared to other species. These factors communication towers. migratory periods (reviewed in Drewitt have inhibited the gathering of As noted previously concerning and Langston 2008, p. 233). The information, and in turn, a more potential threats to migratory habitat, if presence of artificial light at night and mortality during migration were comprehensive understanding of the plate-glass windows are the most limiting or likely to limit the population hazards human-made structures pose to important factors influencing avian to the degree that maintaining a healthy the Kirtland’s warbler. It is reasonable to collisions with existing human-made population may be at risk, it should be presume, however, that more Kirtland’s structures (Ogden 1996, p. 4). apparent in the absence of the species warblers collide with human-made There are five confirmed reports of from highly suitable breeding habitat in structures than are reported. Kirtland’s warblers colliding with the core breeding range. In fact, we have human-made structures, all of which Solutions to reduce the hazards that seen just the opposite, increasing resulted in death. Two of these deaths cause avian collisions with human- densities of breeding individuals in core resulted from collisions with windows made structures are being implemented areas and a range expansion into what (Kleen 1976, p. 78; Kramer 2009, pers. in many places. Extinguishing internal would appear to be less suitable habitat comm.), and three resulted from lights of buildings at night, avoiding the elsewhere. This steady population collisions with a lighted structure, use of external floodlighting, and growth and range expansion occurred including a lighthouse (Merriam 1885, shielding the upward radiation of low- while the potential threats to the species p. 376), an electric light mast (Jones level lighting such as street lamps are during migration were all increasing on 1906, pp. 118–119), and a lighted expected to reduce attraction and the landscape (e.g., new communication monument (Nolan 1954). Another report trapping of birds within illuminated towers and wind turbines); therefore, we of a Kirtland’s warbler that flew into a urban areas, and in turn, injury and conclude that collision with lighted and window and appeared to survive after mortality caused by collision, predation, human-made structures does not only being stunned by the collision starvation, or exhaustion (reviewed in constitute a substantial threat to the (Cordle 2005, p. 2) was not accepted as Ogden 1996, p. 31). The Service’s Urban Kirtland’s warbler now or in the an official documented observation of a Conservation Treaty for Migratory Birds foreseeable future. Kirtland’s warbler (Maryland program has worked with several cities Ornithological Society 2010, to adopt projects that benefit migrating Synergistic Effects of Factors A unpaginated). birds flying through urban areas in Through E Some bird species may be more between breeding and wintering When threats occur together, one may vulnerable to collision with human- grounds. For example, some cities exacerbate the effects of another, made structures than others due to within the Kirtland’s warbler’s causing effects not accounted for when species-specific behaviors. Particularly migration corridor, such as Chicago, threats are analyzed individually. Many vulnerable species include: Night- Indianapolis, Columbus, Detroit, and of the threats to the Kirtland’s warbler migrating birds that are prone to capture Milwaukee, have ‘‘Lights Out’’ or and its habitat discussed above under or disorientation by artificial lights similar programs, which encourage the Factors A through E are interrelated and because of the way exposure to a light owners and managers of tall buildings to could be synergistic, and thus may field can disrupt avian navigation turn off or dim exterior decorative lights cumulatively impact Kirtland’s warbler systems; species that habitually make as well as interior lights during spring beyond the extent of each individual swift flights through restricted openings and fall migration periods (http:// threat. For example, increases in in dense vegetation; and species that are www.audubon.org/conservation/ temperature and evaporation could primarily active on or near the ground existing-lights-out-programs). These reduce the amount of jack pine habitat (reviewed in Ogden 1996, p. 8; programs are estimated to reduce available and increase the level of brood Gauthreaux and Belser 2006, p. 67). Of general bird mortality by up to 83 parasitism. Historically, habitat loss and the avian species recorded, the largest percent (Field Museum 2007, p. 1). brood parasitism significantly impacted

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15777

the Kirtland’s warbler and cumulatively throughout a significant portion of its individuals of the species wherever acted to reduce its range and range. If a species is in danger of found (subject to modification of abundance. Today, these threats have extinction throughout an SPR, it, the protections through special rules under been ameliorated and adequately species, is an ‘‘endangered species.’’ sections 4(d) and 10(j) of the Act). minimized such that the species has The same analysis applies to Under section 4(a)(1) of the Act, we exceeded the recovery goal. The best ‘‘threatened species.’’ determine whether a species is an available data show a positive Our final policy addresses the endangered species or threatened population trend over several decades consequences of finding a species is in species because of any of the following and record high population levels. At a danger of extinction in an SPR, and factors: (A) The present or threatened high enough population level, the what would constitute an SPR. The final destruction, modification, or Kirtland’s warbler can withstand certain policy states that (1) if a species is found curtailment of its habitat or range; (B) threats and continue to be resilient. to be endangered or threatened overutilization for commercial, Continued habitat management and throughout a significant portion of its recreational, scientific, or educational brown-headed cowbird control at range, the entire species is listed as an purposes; (C) disease or predation; (D) sufficient levels, as identified in the endangered species or a threatened the inadequacy of existing regulatory Conservation Plan and at levels species, respectively, and the Act’s mechanisms; or (E) other natural or consistent with those to which protections apply to all individuals of manmade factors affecting its continued management agencies committed in the the species wherever found; (2) a existence. These same factors apply MOU and MOA, will assure continued portion of the range of a species is whether we are analyzing the species’ population numbers at or above the ‘‘significant’’ if the species is not status throughout all of its range or recovery criteria with the current currently endangered or threatened throughout a significant portion of its magnitude of other threats acting on the throughout all of its range, but the range. portion’s contribution to the viability of Kirtland’s warbler. Determination of Status Throughout All the species is so important that, without of the Kirtland’s Warbler’s Range Proposed Determination of Species the members in that portion, the species Status would be in danger of extinction, or We conducted a review of the status Section 4 of the Act (16 U.S.C. 1533), likely to become so in the foreseeable of the Kirtland’s warbler and assessed and its implementing regulations at 50 future, throughout all of its range; (3) the five factors to evaluate whether the CFR part 424, set forth the procedures the range of a species is considered to species is in danger of extinction, or for determining whether a species is an be the general geographical area within likely to become so in the foreseeable endangered species or threatened which that species can be found at the future, throughout all of its range. The species and should be included on the time the Service or the National Marine size of the Kirtland’s warbler population Federal Lists of Endangered and Fisheries Service makes any particular is currently at its known historical Threatened Wildlife and Plants. The Act status determination; and (4) if a maximum, which is nearly 10 times defines an endangered species as any vertebrate species is endangered or larger than it was at the time of listing species that is ‘‘in danger of extinction threatened throughout an SPR, and the and close to 2.5 times larger than the throughout all or a significant portion of population in that significant portion is recovery goal. The population’s its range’’ and a threatened species as a valid DPS, we will list the DPS rather breeding range also expanded outside of any species ‘‘that is likely to become than the entire taxonomic species or the northern Lower Peninsula to areas endangered throughout all or a subspecies. in Michigan’s Upper Peninsula, significant portion of its range within The SPR policy applies to analyses for Wisconsin, and Ontario. This recovery the foreseeable future.’’ all status determinations, including is attributable to successful interagency On July 1, 2014, we published a final listing, delisting, and reclassification cooperation in the management of policy interpreting the phrase determinations. The procedure for habitat and brood parasitism. The ‘‘significant portion of its range’’ (SPR) analyzing whether any portion is an amount of suitable habitat has increased (79 FR 37578). Aspects of that policy SPR is similar, regardless of the type of by approximately 150 percent since were vacated for species that occur in status determination we are making. listing, primarily due to the increased Arizona by the U.S. District Court for The first step in our assessment of the amount of planted habitat generated the District of Arizona (CBD v. Jewell, status of a species is to determine its from adaptive silvicultural techniques. No. CV–14–02506–TUC–RM (March 29, status throughout all of its range. We Brown-headed cowbird control has been 2017), clarified by the court, March 29, subsequently examine whether, in light conducted on an annual basis within 2017). Since the Kirtland’s warbler does of the species’ status throughout all of the majority of Kirtland’s warbler not occur in Arizona, for this finding we its range, it is necessary to determine its nesting areas since 1972, and has greatly rely on the SPR policy, and also provide status throughout a significant portion reduced the impacts of brood additional explanation and support for of its range. If we determine that the parasitism. our interpretation of the SPR phrase. In species is in danger of extinction, or During our analysis, we found that our policy, we interpret the phrase likely to become so in the foreseeable impacts believed to be threats at the ‘‘significant portion of its range’’ in the future, throughout all of its range, we time of listing have been eliminated or Act’s definitions of ‘‘endangered list the species as an endangered (or reduced, or are being adequately species’’ and ‘‘threatened species’’ to threatened) species and no SPR analysis managed since listing, and we do not provide an independent basis for listing will be required. As described in our expect any of these conditions to a species in its entirety; thus there are policy, once the Service determines that substantially change after delisting and two situations (or factual bases) under a ‘‘species’’—which can include a into the foreseeable future. Population which a species would qualify for species, subspecies, or distinct modeling that assessed the long-term listing: A species may be in danger of population segment (DPS)—meets the population viability of Kirtland’s extinction or likely to become so in the definition of ‘‘endangered species’’ or warbler populations showed stable foreseeable future throughout all of its ‘‘threatened species,’’ the species must populations over a 50-year simulation range; or a species may be in danger of be listed in its entirety and the Act’s period with current habitat management extinction or likely to become so protections applied consistently to all and maintaining sufficient cowbird

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15778 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

removal (see Population Viability of a species can theoretically be divided occupy different geographic areas discussion, above). Brood parasitism into portions in an infinite number of throughout their annual life cycle and availability of sufficient suitable ways. However, there is no purpose in (breeding grounds, migratory routes, breeding habitat are adequately analyzing portions of the range that wintering grounds). Although there are managed through the Kirtland’s Warbler have no reasonable potential to be different threats during time spent in Breeding Range Conservation Plan and significant or in analyzing portions of each of these areas, the entire the 2016 MOU. The Conservation Plan the range in which there is no population moves through the full and the MOU acknowledge the reasonable potential for the species to be annual cycle (breeding, migration, and conservation-reliant nature of the in danger of extinction or likely to wintering) and functions as a single Kirtland’s warbler and the need for become so in the foreseeable future in panmictic population (see Genetics continued habitat management and that portion. To identify only those discussion above). Because all brown-headed cowbird control, and portions that warrant further individuals move throughout all of affirm that the necessary long-term consideration, we determine whether these geographic areas, these different management actions will continue. The there are any portions of the species’ geographic areas do not represent species is resilient to threats including range: (1) That may be ‘‘significant,’’ biologically separate populations that changing weather patterns and sea level and (2) where the species may be in could be exposed to different threats. rise due to climate change, collision danger of extinction or likely to become The entire population and all with lighted and human-made so within the foreseeable future. We individuals move through each of these structures, impacts to wintering and emphasize that answering these geographic areas and are exposed to the migratory habitat, and cumulative questions in the affirmative is not same threats as they do; thus, no portion effects, and existing information equivalent to a determination that the could have a different status. indicates that this resilience will not species should be listed—rather, it is a Although there are different threats change in the foreseeable future. These step in determining whether a more- acting on the species on the breeding conclusions are supported by the detailed analysis of the issue is grounds, migratory routes, and available information regarding species required. wintering grounds (see discussion under abundance, distribution, and trends. If we identify any portions (1) that Factors A through E, above), the entire Thus, after assessing the best available may be significant and (2) where the Kirtland’s warbler population information, we conclude that the species may be in danger of extinction experiences all of these threats at some Kirtland’s warbler is not in danger of or likely to become so within the point during their annual cycle and extinction throughout all of its range, foreseeable future, we conduct a more those threats, in combination, have an nor is it likely to become so within the thorough analysis to determine whether overall low-level effect on the species as foreseeable future. both of these standards are indeed met. a whole. Threats throughout the species’ The determination that a portion that range are being managed or are Determination of Status Throughout a we have identified does meet our occurring at low levels, as is evident in Significant Portion of the Kirtland’s definition of significant does not create the species’ continued population Warbler’s Range a presumption, prejudgment, or other growth over the last two decades. Consistent with our interpretation determination as to whether the species Commitments by management agencies that there are two independent bases for is in danger of extinction or likely to through the MOA and MOU provide listing species, as described above, after become so within the foreseeable future assurances that habitat management and examining the status of the Kirtland’s in that identified SPR. We must then brown-headed cowbird control will warbler throughout all of its range, we analyze whether the species is in danger continue at sufficient levels to ensure now examine whether it is necessary to of extinction or likely to become so continued stable population numbers. determine its status throughout a within the SPR. To make that We conclude that there are no portions significant portion of its range. Per our determination, we use the same of the species’ range that are likely to be final SPR policy, we must give standards and methodology that we use both significant and be in danger of operational effect to both the to determine if a species is in danger of extinction or likely to become so in the ‘‘throughout all’’ of its range language extinction or likely to become so within foreseeable future. Therefore, no portion and the SPR phrase in the definitions of the foreseeable future throughout all of warrants further consideration to ‘‘endangered species’’ and ‘‘threatened its range (but applied only to the portion determine whether the species is in species.’’ As discussed earlier and in of the range now being analyzed). danger of extinction or likely to become greater detail in the SPR policy, we have In practice, one key part of identifying so in a significant portion of its range. concluded that to give operational effect portions appropriate for further analysis For these reasons, we conclude that the to both the ‘‘throughout all’’ language may be whether the threats are species is not in danger of extinction, or and the SPR phrase, the Service should geographically concentrated. If a species likely to become so within the conduct an SPR analysis if (and only if) is not in danger of extinction or likely foreseeable future, throughout a a species does not warrant listing to become so within the foreseeable significant portion of its range. according to the ‘‘throughout all’’ future throughout all of its range and the language. threats to the species are essentially Conclusion Because we determined that the uniform throughout its range, then there We have carefully assessed the best Kirtland’s warbler is not in danger of is no basis on which to conclude that scientific and commercial information extinction or likely to become so within the species may be in danger of available regarding the past, present, the foreseeable future throughout all of extinction or likely to become so within and future threats to the Kirtland’s its range, we will consider whether the foreseeable future in any portion of warbler. The threats that led to the there are any significant portions of its its range. Therefore, we examined species being listed under the Act range in which the species is in danger whether any threats are geographically (primarily loss of the species’ habitat of extinction or likely to become so. To concentrated in some way that would (Factor A) and effects of brood undertake this analysis, we first identify indicate the species may be in danger of parasitism by brown-headed cowbirds any portions of the species’ range that extinction, or likely to become so, in a (Factor E)) have been removed, warrant further consideration. The range particular area. Kirtland’s warblers ameliorated, or are being appropriately

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15779

managed by the actions of multiple develop a program that detects the which sections or sentences are too conservation partners over the past 50 failure of any delisted species to sustain long, the sections where you feel lists or years. These actions include habitat itself without the protective measures tables would be useful, etc. management, brown-headed cowbird provided by the Act. If, at any time National Environmental Policy Act control, monitoring, research, and during the monitoring period, data education. Given commitments shown indicate that protective status under the We determined that we do not need by the cooperating agencies entering Act should be reinstated, we can initiate to prepare an environmental assessment into the Kirtland’s warbler MOU and the listing procedures, including, if or an environmental impact statement, long record of engagement and proactive appropriate, emergency listing. as defined under the authority of the conservation actions implemented by We will coordinate with other Federal National Environmental Policy Act of the cooperating agencies over a 50-year agencies, State resource agencies, 1969 (42 U.S.C. 4321 et seq.), in period, we expect conservation efforts interested scientific organizations, and connection with regulations adopted will continue to support a healthy, others as appropriate to develop and pursuant to section 4(a) of the Act. We viable population of the Kirtland’s implement an effective post-delisting published a notice outlining our reasons warbler post-delisting and into the monitoring (PDM) plan for the for this determination in the Federal foreseeable future. Furthermore, there is Kirtland’s warbler. The PDM plan will Register on October 25, 1983 (48 FR no information to conclude that at any build upon current research and 49244). time over the next 50-year window (as effective management practices that we define the foreseeable future for this have improved the status of the species Government-to-Government species) that the species will be in since listing. Ensuring continued Relationship With Tribes danger of extinction. Thus, we have implementation of proven management In accordance with the President’s determined that none of the existing or strategies, such as brown-headed potential threats, either alone or in memorandum of April 29, 1994, cowbird control and habitat ‘‘Government-to-Government Relations combination with others, are likely to management, that have been developed cause the Kirtland’s warbler to be in with Native American Tribal to sustain the species will be a Governments’’ (59 FR 22951), Executive danger of extinction throughout all or a fundamental goal for the PDM plan. The significant portion of its range, nor are Order 13175, Secretarial Order 3206, the PDM plan will identify measurable Department of the Interior’s manual at they likely to cause the species to management thresholds and responses become endangered within the 512 DM 2, and the Native American for detecting and reacting to significant Policy of the Service, January 20, 2016, foreseeable future throughout all or a changes in the Kirtland’s warbler’s significant portion of its range. On the we readily acknowledge our numbers, distribution, and persistence. responsibility to communicate basis of our evaluation, we conclude If declines are detected equaling or that, due to recovery, the Kirtlands meaningfully with recognized Federal exceeding these thresholds, the Service, Tribes on a government-to-government warbler is not an endangered or in combination with other PDM threatened species. We therefore basis. We will coordinate with tribes in participants, will investigate causes of the Midwest within the range of the propose to remove the Kirtland’s these declines. The investigation will be warbler from the Federal List of Kirtland’s warbler and request their to determine if the Kirtland’s warbler input on this proposed rule. Endangered and Threatened Wildlife at warrants expanded monitoring, 50 CFR 17.11(h) due to recovery. additional research, additional habitat References Cited Effects of This Rule protection or brood parasite management, or resumption of Federal A complete list of all references cited This proposal, if made final, would protection under the Act. in this proposed rule is available at revise 50 CFR 17.11(h) by removing the http://www.regulations.gov under Kirtland’s warbler from the Federal List Required Determinations Docket No. FWS–R3–ES–2018–0005 or of Endangered and Threatened Wildlife. Clarity of This Proposed Rule upon request from the Field Supervisor, The prohibitions and conservation Michigan Ecological Services Field measures provided by the Act, We are required by Executive Orders Office (see FOR FURTHER INFORMATION particularly through sections 7 and 9, 12866 and 12988 and by the CONTACT). would no longer apply to this species. Presidential Memorandum of June 1, Federal agencies would no longer be 1998, to write all rules in plain Authors language. This means that each rule we required to consult with the Service The primary authors of this proposed publish must: under section 7 of the Act in the event rule are staff members of the Michigan (a) Be logically organized; that activities they authorize, fund, or Ecological Services Field Office in East (b) Use the active voice to address carry out may affect the Kirtland’s Lansing, Michigan, in coordination with readers directly; warbler. There is no critical habitat the Midwest Regional Office in (c) Use clear language rather than designated for this species. Removal of Bloomington, Minnesota. the Kirtland’s warbler from the List of jargon; Endangered and Threatened Wildlife (d) Be divided into short sections and List of Subjects in 50 CFR Part 17 would not affect the protection given to sentences; and all migratory bird species under the (e) Use lists and tables wherever Endangered and threatened species, MBTA. possible. Exports, Imports, Reporting and If you feel that we have not met these recordkeeping requirements, Post-Delisting Monitoring requirements, send us comments by one Transportation. Section 4(g)(1) of the Act requires us, of the methods listed in ADDRESSES. To Proposed Regulation Promulgation in cooperation with the States, to better help us revise the rule, your implement a system to monitor for not comments should be as specific as Accordingly, we propose to amend less than 5 years for all species that have possible. For example, you should tell part 17, subchapter B of chapter I, title been recovered and delisted. The us the numbers of the sections or 50 of the Code of Federal Regulations, purpose of this requirement is to paragraphs that are unclearly written, as set forth below:

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15780 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

PART 17—ENDANGERED AND 2. Click the ‘‘Comment Now!’’ icon, generally result in the catch of regulated THREATENED WILDLIFE AND PLANTS complete the required fields, and groundfish species like cod and 3. Enter or attach your comments. haddock. Amendment 19 to the FMP ■ 1. The authority citation for part 17 —OR— (April 4, 2013; 78 FR 20260) established continues to read as follows: Mail: Submit written comments to the process and framework for setting Authority: 16 U.S.C. 1361–1407; 1531– Michael Pentony, Regional catch specifications for the small-mesh 1544; 4201–4245, unless otherwise noted. Administrator, National Marine fishery. The FMP requires that catch Fisheries Service, 55 Great Republic and landing limits for the small-mesh § 17.11 [Amended] Drive, Gloucester, MA 01930. Mark the multispecies fishery be established ■ 2. Amend § 17.11(h) by removing the outside of the envelope: ‘‘Comments on through the specifications process on an entry ‘‘Warbler (wood), Kirtland’s’’ the Proposed Rule for Small-Mesh annual basis for up to three years at a under ‘‘BIRDS’’ from the List of Multispecies Specifications.’’ time. Endangered and Threatened Wildlife. Instructions: Comments sent by any The Whiting Plan Development Team Dated: March 8, 2018. other method, to any other address or (PDT) met in July 2017 to review the latest Stock Assessment and Fishery James W. Kurth, individual, or received after the end of Evaluation (SAFE) report for the small- Deputy Director, U.S. Fish and Wildlife the comment period, may not be considered by NMFS. All comments mesh multispecies fishery. This Service, Exercising the Authority of the assessment update indicated that, in Director, U.S. Fish and Wildlife Service. received are part of the public record and will generally be posted for public general, small-mesh multispecies stocks [FR Doc. 2018–06864 Filed 4–11–18; 8:45 am] (whiting and hake) are increasing in the BILLING CODE 4333–15–P viewing on www.regulations.gov without change. All personal identifying north and decreasing in the south. The information (e.g., name, address, etc.), Council’s Scientific and Statistical confidential business information, or Committee (SSC) conducted a final DEPARTMENT OF COMMERCE otherwise sensitive information review of the PDT’s recommended submitted voluntarily by the sender will specifications and the SAFE report at National Oceanic and Atmospheric their October 2017 meeting. On Administration be publicly accessible. NMFS will accept anonymous comments (enter December 7, 2017, the Council approved the final recommended 2018–2020 catch 50 CFR Part 648 ‘‘N/A’’ in the required fields if you wish to remain anonymous). limit specifications for the small-mesh [Docket No. 180209147–8147–01] A draft environmental assessment multispecies fishery. (EA) has been prepared for this action During development of these RIN 0648–BH76 that describes the proposed measures specifications, NMFS identified an error in the small-mesh multispecies Fisheries of the Northeastern United and other considered alternatives, as well as provides an analysis of the regulations. In a previous action (80 FR States; 2018–2020 Small-Mesh 30379; May 28, 2015), we approved a Multispecies Specifications impacts of the proposed measures and alternatives. Copies of the specifications Council-recommended reduction in the northern red hake possession limit from AGENCY: National Marine Fisheries document, including the EA and the 5,000 lb (2,268 kg) to 3,000 lb (1,361 kg). Service (NMFS), National Oceanic and Initial Regulatory Flexibility Analysis However, when we drafted the rule Atmospheric Administration (NOAA), (IRFA), are available on request from implementing this change, we did not Commerce. Thomas A. Nies, Executive Director, clarify that the possession limit for New England Fishery Management ACTION: Proposed rule; request for southern red hake remained unchanged Council, 50 Water Street, Newburyport, comments. at 5,000 lb (2,268 kg). In addition to MA 01950. These documents are also setting new specifications for the SUMMARY: NMFS proposes small-mesh accessible via the internet at whiting fishery for 2018 and projecting multispecies specifications for fishing www.nefmc.org. years 2018–2020 and corrects a specifications for 2019 and 2020, this FOR FURTHER INFORMATION CONTACT: regulatory error from a previous action would correct the error, and Cynthia Hanson, Fishery Management rulemaking action. The specifications clarify the red hake possession limits in Specialist, (978) 281–9180. are intended to establish allowable the regulations. catch limits for each stock within the SUPPLEMENTARY INFORMATION: The recommended specifications would adjust the overfishing limit fishery to control overfishing while Background allowing optimum yield. This action (OFL), allowable biological catch (ABC), The New England Fishery annual catch limit (ACL), and total also informs the public of the proposed Management Council manages the fishery specifications and regulatory allowable landings (TAL) for the four small-mesh multispecies fishery within main stocks in the small-mesh correction, and provides an opportunity the Northeast Multispecies Fishery for comment. multispecies fishery (Table 1). These Management Plan (FMP). The small- adjustments are based on Council DATES: Comments must be received by mesh multispecies fishery is composed recommendations, and account for the 5:00 p.m. local time, on April 27, 2018. of five stocks of three species of hakes: changes in stock biomass shown in the ADDRESSES: You may submit comments Northern silver hake, southern silver latest stock assessment update from on this document, identified by NOAA– hake, northern red hake, southern red 2017. The specification limits are NMFS–2018–0031, by either of the hake, and offshore hake. Southern silver intended to provide for sustainable following methods: hake and offshore hake are often yield and keep the risk of overfishing at Electronic Submission: Submit all grouped together and collectively acceptable levels as defined by the electronic public comments via the referred to as ‘‘southern whiting.’’ The Council and its SSC. Federal e-Rulemaking Portal. small-mesh multispecies fishery is 1. Go to www.regulations.gov/ managed separately from the groundfish Proposed Specifications #!docketDetail;D=NOAA-NMFS-2018- fishery because it is conducted with This action proposes the Council’s 0031, much smaller mesh, and does not recommended specifications for the

VerDate Sep<11>2014 17:32 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15781

2018–2020 small-mesh multispecies catch and landings limits recommended proposed specifications is shown below fishery, which are consistent with the by the PDT and SSC. A summary of the in Table 1.

TABLE 1—SUMMARY OF PROPOSED SMALL-MESH MULTISPECIES SPECIFICATIONS FOR FISHING YEARS 2018–2020, WITH PERCENT CHANGE FROM 2017, IN METRIC TONS

Percent Percent OFL ABC ACL change TAL change

Northern Silver Hake ...... 58,350 31,030 29,475 +27 26,604 +33 Northern Red Hake ...... 840 721 685 +45 274 +128 Southern Whiting...... 31,180 19,395 18,425 ¥35 14,465 ¥39 Southern Red Hake ...... 1,150 1,060 1,007 ¥38 305 ¥59

These proposed specifications data is conflicting in recent years, the Act, and other applicable law, subject to represent increases in the catch limits of Council is suggesting a full benchmark further consideration after public the northern stocks, and decreases in assessment to re-evaluate southern red comment. the catch limits of the southern stocks. hake status before initiating the This proposed rule has been These changes are unlikely to have a rebuilding process. The next benchmark determined to be not significant for significant impact because generally the assessment for small-mesh multispecies purposes of Executive Order 12866. small-mesh multispecies fishery is scheduled for 2019. All other The Council prepared a draft EA for harvests less than 50 percent of any management measures in the small- this action that analyzes the impacts of given TAL each year; except in the case mesh multispecies fishery (such as this proposed rule. The EA includes an of northern red hake. In the southern possession limits) will remain IRFA, as required by section 603 of the fishery, southern red hake landings have unchanged. If approved, these Regulatory Flexibility Act (RFA), which approached 50 percent of the TAL, specifications would remain effective is supplemented by information while southern whiting landings have for fishing years 2018–2020 unless contained in the preamble of this not exceeded 20 percent of the TAL in otherwise revised during that time. proposed rule. The IRFA was prepared the last five years. The northern fishery to examine the economic impacts of this Regulatory Correction is usually limited by the northern red proposed rule, if adopted, on small hake stock, which has achieved or This action also proposes to correct business entities. A description of the exceeded the TAL, triggering inseason regulatory text that specifies the red specifications, why they are being accountability measures (AM) to reduce hake possession limits in the southern considered, and the legal basis for this the possession limit, each year for the small mesh exemption areas (Southern action are contained at the beginning of past several years. These restrictions New England and Mid-Atlantic this section and in the preamble to this often prevent the northern silver hake Exemption Areas). In the 2015–2017 proposed rule. A copy of the detailed landings from reaching much higher specifications for the small-mesh RFA analysis is available from the than 30 percent of the TAL because of multispecies fishery (May 28, 2015; 80 Council (see ADDRESSES). A summary of the geographic overlap of the two FR 30379), the possession limit for red the 2018–2020 small-mesh multispecies species and similar fishing practices hake in the northern exemption areas specifications IRFA analysis follows. used. The proposed increase to the was reduced from 5,000 lb (2,268 kg) to Description of the Reasons Why Action northern stocks catch limits, based on 3,000 lb (1,361 kg), but did not specify by the Agency Is Being Considered that the possession limit in the southern evidence in the SAFE report that This action proposes catch limits and areas would remain 5,000 lb (2,268 kg). populations of northern silver hake and fishery specifications for the 2018–2020 northern red hake have increased, may The Council never intended to change small-mesh multispecies fishery. The have a positive impact on the fishery by the possession limit for the southern red measures are consistent with the best delaying the need for inseason AMs, hake fishery. This action would modify scientific information available, and the avoiding unnecessary discards, and the text in the regulations, consistent most recent catch limit allowing better utilization of the with the Council’s intent, to specify that recommendations of the Council’s SSC increase in biomass of both stocks. the northern red hake possession limit to prevent overfishing, as well as The 2017 stock assessment update is 3,000 lb (1,361 kg), and the southern achieve sustainable yield in the fishery. showed that the risk of overfishing in red hake possession limit remains 5,000 This action also clarifies regulatory text the northern stocks is relatively low. lb (2,268 kg). This minor modification to specify the red hake possession limits Therefore, the increase in ACL and TAL would reduce confusion in the industry, for the northern and southern stocks. should not negatively affect the as it clarifies the difference in red hake northern stocks. However, the update possession limits between the northern Statement of the Objectives of, and did show that southern red hake is and southern exemption areas, as Legal Basis for, This Proposed Rule overfished and overfishing is occurring, originally intended by the Council. The legal basis and objectives for this and while southern whiting is not Classification action are contained in the preamble to overfished, the stock is declining. The this proposed rule, and are not repeated Council was notified of the overfished Pursuant to section 304(b)(1)(A) of the here. status of southern red hake at their Magnuson Stevens Fishery Conservation meeting in Gloucester, MA on and Management Act (Magnuson- Description and Estimate of the Number September 26, 2017, and will begin Stevens Act), the NMFS Assistant of Small Entities to Which This development of a rebuilding program Administrator has determined that this Proposed Rule Would Apply within the next couple of years. The proposed rule is consistent with the This proposed rule affects commercial decrease in southern ACLs is intended Northeast Multispecies FMP, other fish harvesting entities engaged in the to end overfishing. Because recruitment provisions of the Magnuson-Stevens northeast multispecies limited access

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15782 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

fishery and the small-mesh multispecies and selling fish in 2014–2016 and thus below the respective 2016 TALs, and fishery. For the purposes of the RFA are considered to be small. Of the 853 southern whiting landings in 2016 were analysis, the ownership entities (or total firms, 844 are categorized as small well below the proposed 2018–2020 firms), not the individual vessels, are business entities and nine are preferred specifications. Based on 2016 considered to be the regulated entities. categorized as large business. landings, southern red hake landings Ownership entities are defined as those While 853 commercial entities have would likely exceed the proposed TAL, entities or firms with common the potential to be impacted by the but only by a very small amount. ownership personnel as listed on the proposed action, not all of these entities Therefore, we expect the proposed permit application. Because of this, actively land small-mesh multispecies action to have minimal economic some vessels with northeast for commercial sale. Therefore, not all impact in the southern region compared multispecies permits may be considered 853 entities may be directly affected by to the no action alternative. to be part of the same firm because they the proposed action. There are 406 For the northern stocks, the proposed may have the same owners. The North distinct entities that commercially sold action is less restrictive than the no American Industry Classification small-mesh multispecies from 2014– action alternatives and raises the TAL System (NAICS) is the standard used by 2016 and may be directly affected by the by 33 percent for silver hake and 128 Federal statistical agencies in classifying proposed action. Of those, 404 (over 99 percent for red hake. This is expected to business establishments for the purpose percent) are categorized as small have no impact or low positive impacts of collecting, analyzing, and publishing business. on profit relative to the TAL under the statistical data related to the U.S. Description of the Projected Reporting, no action alternative, depending on business economy. In terms of RFA, a Recordkeeping, and Other Compliance availability and market conditions. The Council recommended these business primarily engaged in Requirements of This Proposed Rule commercial fishing activity is classified proposed specifications (preferred as a small business if it has combined There are no new reporting, alternative) over the no action annual gross receipts not in excess of recordkeeping, or other compliance alternative to satisfy the Magnuson- $11 million (NAICS 11411) for all its requirements contained in this proposed Stevens Act requirements to end affiliated operations worldwide. To rule, or any of the alternatives overfishing, while allowing the greatest identify these small and large firms, considered for this action. opportunity to achieve sustainable vessel ownership data from the permit Federal Rules Which May Duplicate, yield. This also increases the likelihood database were grouped according to Overlap, or Conflict With This Proposed that the fishery will remain a viable common owners and sorted by size. The Rule source of fishing revenues for small- current ownership data set used for this mesh multispecies entities in the long NMFS is not aware of any relevant analysis is based on calendar year 2016 term, and makes it the better economic Federal rules that may duplicate, (the most recent complete year choice. Overall, we expect the proposed overlap, or conflict with this proposed available) and contains average gross action to have no impact or slight rule. sales associated with those permits for positive impacts compared to the no- calendar years 2014 through 2016. Description of Significant Alternatives action alternative. The small-mesh exempted fishery to the Proposed Action Which List of Subjects in 50 CFR Part 648 allows vessels to harvest species in Accomplish the Stated Objectives of Fisheries, Fishing, Reporting and designated areas using mesh sizes Applicable Statutes and Which recordkeeping requirements. smaller than the minimum mesh size Minimize Any Significant Economic required by Regulated Mesh Area (RMA) Impact on Small Entities Dated: April 6, 2018. regulations. To participate in the small- This action (the preferred alternative) Samuel D. Rauch III, mesh multispecies exempted fishery, proposes 2018–2020 commercial catch Deputy Assistant Administrator for vessels must possess either a limited specifications for the small-mesh Regulatory Programs, National Marine access multispecies permit (categories multispecies fishery based on the most Fisheries Service. A, C, D, E or F) or an open access recent stock assessment update, which For the reasons set out in the multispecies permit (category K). would increase the ACLs and TALs for preamble, 50 CFR part 648 is proposed Limited access multispecies permit the northern stocks of red and silver to be amended as follows: holders can target small-mesh hake, and decrease the ACLs and TALs multispecies with different possession of southern red hake and whiting. The PART 648—FISHERIES OF THE limit requirements depending on fishing Council also considered a No Action NORTHEASTERN UNITED STATES region and mesh size used, and open alternative, where the same catch limits access, Category K permit holders may and specifications from 2017 would ■ 1. The authority citation for part 648 fish for small-mesh multispecies when continue into 2018 with no change. continues to read as follows: participating in an exempted fishing Only these two alternatives are Authority: 16 U.S.C. 1801 et seq. program. Therefore, entities holding one considered significant because in order ■ 2. In § 648.86, revise the introductory or more multispecies permits (permit to be considered, alternatives must be text of paragraphs of (d)(1)(i), (d)(1)(ii), type A, C–F, K) are the entities that have recommended by the Council and and (d)(1)(iii), and add paragraph the potential to be directly impacted by satisfy Magnuson-Stevens Act (d)(1)(v) to read as follows: this action. According to the requirements. These alternatives were commercial database, there were 853 the only two that met these § 648.86 NE Multispecies possession distinct ownership entities, based on qualifications. restrictions. entities’ participation during the 2014– While catch limits for the southern * * * * * 2016 time-period, that could potentially stocks are more restrictive in the (d) * * * target small-mesh multispecies. This preferred alternative, they will not (1) * * * includes entities that could not be necessarily have a negative impact. (i) Vessels possessing on board or classified into a business type because Landings of both southern whiting and using nets of mesh size smaller than 2.5 they did not earn revenue from landing southern red hake in 2016 were well in (6.35 cm). Owners or operators of a

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15783

vessel may possess and land not more greater than 3 in (7.62 cm). An owner (v) Possession limits for red hake. than 3,500 lb (1,588 kg) of combined or operator of a vessel that is not subject Vessels participating in the small-mesh silver hake and offshore hake, if either to the possession limits specified in multispecies fishery consistent with of the following conditions apply: paragraphs (d)(1)(i) and (ii) of this § 648.86(d)(1), may possess and land not * * * * * section may possess and land not more more than 3,000 lb (1,361 kg) of red (ii) Vessels possessing on board or than 30,000 lb (13,608 kg) of combined hake when fishing in the Gulf of Maine using nets of mesh size equal to or silver hake and offshore hake when or Georges Bank Exemption areas, as greater than 2.5 in (6.35 cm) but less fishing in the Gulf of Maine or Georges described in § 648.80(a), and not more than 3 in (7.62 cm). An owner or Bank Exemption Areas, as described in than 5,000 lb (2,268 kg) of red hake operator of a vessel that is not subject § 648.80(a), and not more than 40,000 lb when fishing in the Southern New to the possession limit specified in (18,144 kg) of combined silver hake and England or Mid-Atlantic Exemption paragraph (d)(1)(i) of this section may offshore hake when fishing in the Areas, as described in §§ 648.80(b)(10) possess and land not more than 7,500 lb Southern New England or Mid-Atlantic and 648.80(c)(5), respectively. (3,402 kg) of combined silver hake and Exemption Areas, as described in offshore hake if either of the following * * * * * conditions apply: §§ 648.80(b)(10) and 648.80(c)(5), [FR Doc. 2018–07536 Filed 4–11–18; 8:45 am] respectively, if both of the following * * * * * BILLING CODE 3510–22–P conditions apply: (iii) Vessels possessing on board or using nets of mesh size equal to or * * * * *

VerDate Sep<11>2014 16:09 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4702 Sfmt 9990 E:\FR\FM\12APP1.SGM 12APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15784

Notices Federal Register Vol. 83, No. 71

Thursday, April 12, 2018

This section of the FEDERAL REGISTER potential persons who are to respond to DEPARTMENT OF AGRICULTURE contains documents other than rules or the collection of information that such proposed rules that are applicable to the persons are not required to respond to Submission for OMB Review; public. Notices of hearings and investigations, the collection of information unless it Comment Request committee meetings, agency decisions and rulings, delegations of authority, filing of displays a currently valid OMB control April 9, 2018. petitions and applications and agency number. The Department of Agriculture has statements of organization and functions are submitted the following information examples of documents appearing in this Natural Resources Conservation Service collection requirement(s) to Office of section. Management and Budget (OMB) for Title: Long Term Contracting. review and clearance under the Paperwork Reduction Act of 1995, DEPARTMENT OF AGRICULTURE OMB Control Number: 0578–0013. Public Law 104–13. Comments are Summary of Collection: The Long Submission for OMB Review; requested regarding (1) whether the Term Contracting regulations at 7 CFR Comment Request collection of information is necessary part 630, and the Conservation program for the proper performance of the April 9, 2018. regulations at 7 CFR 624, 625, 701 set functions of the agency, including The Department of Agriculture has forth the basic policies, program whether the information will have submitted the following information provisions, and eligibility requirements practical utility; (2) the accuracy of the collection requirement(s) to OMB for for owners and operators to enter into agency’s estimate of burden including review and clearance under the and carry out long-term conservation the validity of the methodology and Paperwork Reduction Act of 1995, program contracts with technical assumptions used; (3) ways to enhance Public Law 104–13. Comments are assistance under the various program. the quality, utility and clarity of the requested regarding (1) whether the These programs are administered by the information to be collected; (4) ways to collection of information is necessary Natural Resources Conservation Service minimize the burden of the collection of for the proper performance of the (NRCS). These programs authorize information on those who are to functions of the agency, including federal technical and financial long- respond, including through the use of whether the information will have term cost sharing assistance for appropriate automated, electronic, practical utility; (2) the accuracy of the conservation treatment with eligible mechanical, or other technological agency’s estimate of burden including collection techniques or other forms of land users and entities. Under the terms the validity of the methodology and information technology. assumptions used; (3) ways to enhance of the agreement, the participant agrees Comments regarding this information the quality, utility and clarity of the to apply, or arrange to apply, the collection received by May 14, 2018 will information to be collected; and (4) conservation treatment specified in the be considered. Written comments ways to minimize the burden of the conservation plan. In return for this should be addressed to: Desk Officer for collection of information on those who agreement, Federal financial assistance Agriculture, Office of Information and are to respond, including through the payments are made to the land user, or Regulatory Affairs, Office of use of appropriate automated, third party, upon successful application Management and Budget (OMB), New electronic, mechanical, or other of the conservation treatment. Executive Office Building, 725 17th technological collection techniques or Need and Use of the Information: Street NW, Washington, DC 20502. other forms of information technology. NRCS will collect information using Commenters are encouraged to submit Comments regarding this information several NRCS forms. The forms are their comments to OMB via email to: collection received by May 14, 2018 will _ needed to administer NRCS long-term OIRA [email protected] or be considered. Written comments contracting programs as authorized. fax (202) 395–5806 and to Departmental should be addressed to: Desk Officer for Clearance Office, USDA, OCIO, Mail Agriculture, Office of Information and NRCS uses the information to ensure the proper utilization of program funds. Stop 7602, Washington, DC 20250– Regulatory Affairs, Office of 7602. Copies of the submission(s) may Management and Budget (OMB), New Description of Respondents: be obtained by calling (202) 720–8958. Executive Office Building, 725—17th Individuals or households; Farms; Not- An agency may not conduct or Street NW, Washington, DC 20502. for-profit institutions; State, Local or sponsor a collection of information Commenters are encouraged to submit Tribal Government. unless the collection of information their comments to OMB via email to: Number of Respondents: 5,560. displays a currently valid OMB control [email protected] or number and the agency informs fax (202) 395–5806 and to Departmental Frequency of Responses: Reporting; potential persons who are to respond to Clearance Office, USDA, OCIO, Mail Annually, Other (As required). the collection of information that such Stop 7602, Washington, DC 20250– Total Burden Hours: 3,085. persons are not required to respond to 7602. Copies of the submission(s) may the collection of information unless it Ruth Brown, be obtained by calling (202) 720–8958. displays a currently valid OMB control An agency may not conduct or Departmental Information Collection number. sponsor a collection of information Clearance Officer. unless the collection of information [FR Doc. 2018–07572 Filed 4–11–18; 8:45 am] Rural Utility Service displays a currently valid OMB control BILLING CODE 3410–16–P Title: High Energy Cost Grants Rural number and the agency informs Communities.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15785

OMB Control Number: 0572–0136. is sponsoring a public meeting on May About the public meeting contact: Summary of Collection: The Rural 31, 2018. The objective of the public Jasmine Curtis, U.S. Codex Office, 1400 Electrification Act of 1936 (RE Act) (7 meeting is to provide information and Independence Avenue SW, Room 4865, U.S.C. 901 et seq.) as amended in receive public comments on agenda Washington, DC 20250, Telephone: November 2000, to create new grant and items and draft United States (U.S.) (202) 205–7760, Fax: (202) 720–3157, loan authority to assist rural positions to be discussed at the 41st Email: [email protected]. communities with extremely high Session of the Codex Alimentarius SUPPLEMENTARY INFORMATION: energy costs (Pub. L. 106–472). The Commission (CAC) taking place in amendment authorized the Secretary of Rome, Italy, between July 2 and 6, 2018. Background the U.S. Department of Agriculture The Administrator of the Food Safety CAC was established in 1963 by two through Rural Development to provide and Inspection Service and the Deputy United Nations organizations, the Food competitive grants for energy Under Secretary for Food Safety and Agriculture Organization (FAO) and generation, transmission, or distribution recognize the importance of providing the World Health Organization (WHO). facilities serving communities in which interested parties the opportunity to Through adoption of food standards, the national average residential obtain background information on the codes of practice, and other guidelines expenditure for home energy is at least 41st Session of the CAC and to address developed by its committees, and by 275 percent of the national average items on the agenda. promoting their adoption and residential expenditure for home DATES: The public meeting is scheduled implementation by governments, the energy. All applicants are required to for Thursday, May 31, 2018, 1:00 p.m.– CAC seeks to protect the health of submit a project proposal containing the 4:00 p.m. consumers and ensure fair practices in elements in the prescribed format. ADDRESSES: The public meeting will the food trade; promotes coordination of Need and Use of the Information: take place at the USDA, Jamie L. all food standards work undertaken by Information is collected by the Rural Whitten Building, 1400 Independence international governmental and non- Utility Service from applicants to Avenue SW, Room 107–A, Washington, governmental organizations; determines confirm that the eligibility requirements DC 20250. priorities and initiates and guides the and the proposals are consistent with Documents related to the 41st Session preparation of draft standards through the purposes set forth in the statute. of the CAC will be accessible via the and with the aid of appropriate Various forms and progress reports are internet at the following address: http:// organizations; finalizes the standards used to monitor compliance with grant www.codexalimentarius.org/meetings- elaborated and publishes them in a agreements, track expenditures of reports/en/. Codex Alimentarius (food code) either Federal funds and measure the success The U.S. Delegate to the 41st Session as regional or worldwide standards, of the program. Without collecting the of the CAC invites U.S. interested together with international standards listed information, USDA will not be parties to submit their comments already finalized by other bodies, assured that the projects and electronically to the following email wherever this is practicable; and communities served meet the statutory address: [email protected]. amends published standards, as requirements for eligibility or that the Call-in-Number appropriate, in the light of new proposed projects will deliver the developments. intended benefits. If you wish to participate in the Issues To Be Discussed at the Public Description of Respondents: Not-for- public meeting for the 41st Session of Meeting profit institutions; State, Local or Tribal the CAC by conference call, please use Government. the call-in-number and the participant The following items on the Agenda Number of Respondents: 100. code listed below: for the 41st Session of the CAC will be Call-in-Number: 1–888–844–9904. discussed during the public meeting: Frequency of Responses: The participant code will be posted • Report by the chairperson on the 74th Recordkeeping: Reporting: On occasion. on the web page below: http:// Total Burden Hours: 1,172. www.fsis.usda.gov/wps/portal/fsis/ and 75th Sessions of the Executive topics/international-affairs/us-codex- Committee Ruth Brown, • Amendments to the Procedural alimentarius/public-meetings. Departmental Information Collection Manual Clearance Officer. Registration • Final Adoption of Codex texts [FR Doc. 2018–07561 Filed 4–11–18; 8:45 am] • Attendees may register to attend the Adoption of Codex Texts at Step 5 BILLING CODE 3410–15–P • Revocation of Codex Texts public meeting by emailing uscodex@ • Proposals for New Work fsis.usda.gov by May 29, 2018. Early • Discontinuation of Work DEPARTMENT OF AGRICULTURE registration is encouraged as it will • Amendments to Codex Standards and expedite entry into the building. The [Docket No. FSIS–2018–0008] Related Texts meeting will convene in a Federal • Matters arising from the reports of the building. Attendees should bring photo Trade and Foreign Agricultural Affairs; Commission, the Executive identification and plan for adequate Codex Alimentarius Commission: Committee and Subsidiary Bodies time to pass through security screening • Meeting of the Codex Alimentarius Committees working by systems. Attendees who are not able to Commission correspondence and pilot for a attend the meeting in person, but wish Committee on Standards AGENCY: Office of Trade and Foreign to participate, may do so by phone. Advancement Agricultural Affairs, USDA. FOR FURTHER INFORMATION CONTACT: • Regular Review of Codex Work ACTION: Notice of public meeting and About the 41st session of the CAC Management: Report 2017–2018 • request for comments. contact: U.S. Codex Office, 1400 Codex Budgetary and Financial Independence Avenue SW, Room 4861, Matters: Report 2016–2017 and SUMMARY: The Office of Trade and Washington, DC 20250, Telephone: Progress 2018–2019 Foreign Agricultural Affairs (TFAA), (202) 205–7760, Fax: (202) 720–3157, • Codex Budgetary and Financial U.S. Department of Agriculture (USDA), Email: [email protected]. Matters: Proposal 2020–2021

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15786 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

• FAO/WHO Scientific Support to option to password protect their 4641. Please dial in 5–10 minutes prior Codex: activities, budgetary and accounts. to the start time. financial matters • Matters arising from FAO and WHO USDA Non-Discrimination Statement Meeting Agenda • Report of the side event on FAO and No agency, officer, or employee of the I. Approval of Agenda WHO capacity development activities USDA shall, on the grounds of race, II. Program Planning • Report of the side event on the Codex color, national origin, religion, sex, • Discussion and Vote Chair for Trust Fund (CTF2) gender identity, sexual orientation, Vermont Advisory Committee • Report of the discussion panels with disability, age, marital status, family/ • Discussion and Vote on Chair for International Government parental status, income derived from a North Carolina Advisory Committee Organizations (IGOs) and Non- public assistance program, or political III. Staff Director’s Report Governmental Organizations (NGOs). beliefs, exclude from participation in, IV. Adjourn Meeting. • Election of the chairperson and vice deny the benefits of, or subject to Dated: April 10, 2018. chairpersons discrimination any person in the United • Brian Walch, Designation of countries responsible States under any program or activity for appointing the chairpersons of conducted by the USDA. Director, Communications and Public Codex subsidiary bodies Engagement. • Any other business How To File a Complaint of [FR Doc. 2018–07777 Filed 4–10–18; 4:15 pm] Each issue listed will be fully Discrimination BILLING CODE 6335–01–P described in documents distributed, or To file a complaint of discrimination, to be distributed, by the Secretariat complete the USDA Program before the meeting. Members of the Discrimination Complaint Form, which DEPARTMENT OF COMMERCE public may access or request copies of may be accessed online at http:// these documents (see ADDRESSES). www.ocio.usda.gov/sites/default/files/ International Trade Administration _ _ _ _ Public Meeting docs/2012/Complain combined 6 8 12.pdf, or write a letter signed by you U.S. Strategy To Address Trade- At the May 31, 2018, public meeting, or your authorized representative. Related Forced Localization Barriers draft U.S. positions on the agenda items Send your completed complaint form Impacting the U.S. ICT Hardware will be described and discussed, and or letter to USDA by mail, fax, or email: Manufacturing Industry attendees will have the opportunity to Mail: U.S. Department of Agriculture, AGENCY: International Trade pose questions and offer comments. Director, Office of Adjudication, 1400 Administration, U.S. Department of Written comments may be offered at the Independence Avenue SW, Washington, Commerce. meeting or sent to the U.S. Delegate for DC 20250–9410. ACTION: the 41st Session of the CAC (see Fax: (202) 690–7442. Notice and request for ADDRESSES). Written comments should Email: [email protected]. comments. Persons with disabilities who require state that they relate to activities of the SUMMARY: The International Trade 41st Session of the CAC. alternative means for communication Administration is seeking information (Braille, large print, audiotape, etc.) Additional Public Notification to support the development of a should contact USDA’s TARGET Center comprehensive strategy to address Public awareness of all segments of at (202) 720–2600 (voice and TDD). trade-related forced localization rulemaking and policy development is Done at Washington, DC. policies, practices, and measures important. Consequently, FSIS will Mary Frances Lowe, impacting the U.S. information and announce this Federal Register communications technology (ICT) publication on-line through the FSIS U.S. Manager for Codex Alimentarius. hardware manufacturing industry. web page located at: http:// [FR Doc. 2018–07586 Filed 4–11–18; 8:45 am] Comments will be used to support the www.fsis.usda.gov/federal-register. BILLING CODE 3410–DM–P FSIS also will make copies of this development of a holistic strategic plan publication available through the FSIS for counteracting and deterring the Constituent Update, which is used to CIVIL RIGHTS COMMISSION expansion of barriers to trade and trade- provide information regarding FSIS related measures put in place by U.S. policies, procedures, regulations, Sunshine Act Meetings trading partners that are specifically Federal Register notices, FSIS public designed to localize the production and AGENCY: United States Commission on technology development of ICT meetings, and other types of information Civil Rights. that could affect or would be of interest hardware, and unfairly harm U.S. ICT ACTION: Notice of Commission to our constituents and stakeholders. hardware manufacturers and exports. Telephonic Business Meeting. The Update is available on the FSIS web DATES: Written comments must be submitted on or before May 14, 2018. page. Through the web page, FSIS is DATES: Friday, April 20, 2018, at 11:00 Comments must be in English. able to provide information to a much a.m. EST. broader, more diverse audience. In ADDRESSES: You may submit responses ADDRESSES: Meeting to take place by addition, FSIS offers an email to the questions below by one of the telephone. subscription service which provides following methods. Comments should automatic and customized access to FOR FURTHER INFORMATION CONTACT: be submitted under docket ITA–2008– selected food safety news and Brian Walch, (202) 376–8371, 0001: information. This service is available at: [email protected]. (a) Electronic Submission: Submit all http://www.fsis.usda.gov/subscribe. SUPPLEMENTARY INFORMATION: This electronic comments via the Federal e- Options range from recalls to export business meeting is open to the public Rulemaking Portal at http:// information, regulations, directives, and by telephone only. Participant access www.regulations.gov. The materials in notices. Customers can add or delete instructions: Listen-only, toll free: 1– the docket will not be edited to remove subscriptions themselves, and have the 877–723–9519; Conference ID: 762– identifying or contact information, and

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15787

the Department cautions against Ingram at (202) 482–2872 or only threaten U.S. production of ICT including any information in an [email protected]. The public is hardware currently in the market, but electronic submission that the submitter strongly encouraged to file submissions also threaten the United States’ does not want publicly disclosed. electronically. competitive position in new and Attachments to electronic comments FOR FURTHER INFORMATION CONTACT: emerging technology sectors across the will be accepted in Microsoft Word, Questions regarding the submission of entire ICT-enabled industrial base as Excel, or Adobe PDF formats only. comments should be directed to Mr. these policies expand to broader Comments containing references, Cary Ingram at (202) 482–2872, or technology segments. Recognizing the studies, research, and other empirical [email protected]. need to address current forced data that are not widely published SUPPLEMENTARY INFORMATION: localization measures impacting the should include copies of the referenced Background: Over the past five years, U.S. ICT hardware manufacturing sector materials. Please do not submit there has been a rapid expansion of on a strategic basis, and to deter additional materials. If you want to laws, regulations, trade policies, additional localization barriers, the U.S. submit a comment with business directives, and practices by various U.S. Department of Commerce’s International confidential information that you do not trading partners to further multilayered Trade Administration is reviewing the wish to be made public, submit the campaigns to force the domestic landscape of policy options and comment as a written/paper submission localization of production and potential remedies that can be utilized in the manner detailed below. technology development of information to develop a strategic response to the (b) Written/Paper Submission: Send expanding forced localization trend all written/paper submissions to: Cary and communications technology (ICT) hardware. Various forms of domestic causing harm to the U.S. ICT Ingram, U.S. Department of Commerce, manufacturing base. The Department is International Trade Administration, production requirements, local content requirement (LCR) mandates, coerced seeking to develop a comprehensive, Office of Health and Information holistic set of actionable tools, tactics, Technologies, 1401 Constitution Ave. technology transfer rules, and other barriers to trade have been put in place and strategies to counteract the spread NW, Washington, DC 20230; of policies, practices, and barriers-to- Submissions of ‘‘Business Confidential to supplant U.S. technology products in international ICT markets. These are trade specifically designed to Information’’: Any submissions discriminate against U.S. ICT products containing ‘‘business confidential measures that arbitrarily discriminate against foreign products, intellectual and exports, while instigating the information’’ must be delivered in a domestic localization of ICT hardware sealed envelope marked ‘‘confidential property (IP), or hardware suppliers, and are distinctively designed to force production and technology treatment requested’’ to the address development.1 Respondents may listed above. Please provide an index the production and development of ICT hardware to be localized within a address any, all, or none of the listing the document(s) or information following questions, and may address that the submitter would like the country’s territorial boundaries, while also cultivating and incubating select additional topics that may help the Department to withhold. The index Department in developing a should include information such as domestic industries, technologies, or intellectual property at the expense of comprehensive strategy to address numbers used to identify the relevant trade-related forced localization barriers document(s) or information, document imported goods, or foreign-owned or developed IP. affecting the U.S. ICT manufacturing title and description, and relevant page industry. While the Department numbers and/or section numbers within The ICT hardware sector has become welcomes all input considered relevant a document. Provide a statement a leading target for discriminatory to the development of a comprehensive explaining the submitter’s grounds for measures in markets throughout the strategy, the Department specifically objecting to disclosure of the world at an accelerated level of seeks the following types of information to the public. The proliferation. Examples of trade-related information: Department also requests that barriers and measures impacting the submitters of business confidential industry include: 1. Laws, regulations, policies, trade information include a non-confidential • Local content requirements (LCRs) practices, non-tariff barriers, and other trade- version (either redacted or summarized) for ICT products sold in the domestic related measures put in place by U.S. trading partners that appear to be specifically of those confidential submissions, market; • Subsidies or other government structured to force the localization of which will be available for public production and technology development of viewing and posted on https:// preferences made contingent upon the ICT hardware, and unfairly harm U.S. ICT www.regulations.gov. In the event that use of local ICT products, indigenous hardware manufacturers and exports. the submitter cannot provide a non- technology, or domestically owned IP; 2. The estimated burden and harm caused confidential version of its submission, • Mandates for service providers to by the identified trade-related localization the Department requests that the purchase domestically-manufactured laws, regulations, policies, trade practices, submitter post a notice in the docket ICT hardware or ICT products with non-tariff barriers, and other trade-related stating that it has provided the specific levels of domestic content; localization measures in terms of lost Department with business confidential • Measures to force the transfer of revenue, market share, exports, employment, income, or other measures to quantify the information. Should a submitter fail to technology or IP to local entities; • damage and harm to the U.S. ICT hardware docket either a non-confidential version Unjustified requirements to conduct manufacturing industry and related export of its submission or to post a notice that conformity assessment and certification opportunities. business confidential information has procedures in-country. The information obtained from been provided, the Department will note The competitiveness of the U.S. ICT the receipt of the submission on the manufacturing sector is increasingly written submissions will be used to docket with the submitter’s organization coming under threat by the continued inform the strategic planning to address or name (to the degree permitted by law) expansion of forced localization policies 1 Data localization policies or restrictions on and the date of submission. and practices in geographic and cross-border data flows will not be covered in this For alternatives to online or mail technological scope. These forced edition of the strategy review or this current request submissions, please contact Mr. Cary localization measures and barriers not for comments.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15788 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

and deter the expanding use of trade- DC 20230; telephone (202) 482–6905 or A list of the issues that parties raised related localization measures, practices (202) 482–2623, respectively. and to which we responded is attached and other barriers harming the U.S. ICT SUPPLEMENTARY INFORMATION: to this notice as an Appendix. The manufacturing industry. The scope of Issues and Decision Memorandum is a products included in this strategic Background public document and is on file review are ICT goods that fall under On December 4, 2017, Commerce electronically via Enforcement and NAICS codes 3341, 3342, 3343, 3344, published the Preliminary Results of the Compliance’s Antidumping and 3345, 3346, and 3359; or the following administrative review of the Countervailing Duty Centralized HS codes: 8443, 8471, 8473, 8486, 8504, antidumping duty order on CVP 23 from Electronic Service System (ACCESS). 8517, 8518, 8519, 8520, 8521, 8522, India.1 Commerce exercised its ACCESS is available to registered users 8523, 8525, 8528, 8529, 8533, 8534, discretion to toll all deadlines affected at http://access.trade.gov, and is 8541, 8542, 854420, 854470, 900110, by the closure of the Federal available to all parties in the Central 9030, 903141, 850440, 850450, 850490. Government from January 20 through Records Unit, room B8024 of the main The U.S. Department of Commerce January 22, 2018. As a result, the Department of Commerce building. In invites comments from stakeholders revised deadline for the final results of addition, a complete version of the from the private sector, academia, think- this review is now April 6, 2018.2 Issues and Decision Memorandum can be accessed directly at http:// tanks, civil society, and other interested Scope of the Order parties concerned with the continued enforcement.trade.gov/frn/. The signed The merchandise subject to the and electronic versions of the Issues and growth and competitiveness of the U.S. 3 ICT manufacturing industry in the Order is CVP–23 identified as Color Decision Memorandum are identical in global economy. Entities making Index No. 51319 and Chemical Abstract content. submissions may be contacted for No. 6358–30–1, with the chemical name of diindolo [3,2-b:3′,2′- Changes Since the Preliminary Results further information or explanation, and, 4 in some cases, meetings with individual m] triphenodioxazine, 8,18-dichloro-5, Based on a review of the record and submitters may be requested. The 15-diethy-5, 15-dihydro-, and molecular comments received from interested formula of C34 H22 Cl2 N4 O2. The Department may also hold additional parties, we have not made changes to subject merchandise includes the crude 6 forums for comment such as the Preliminary Results. Because pigment in any form (e.g., dry powder, roundtables or workshops to attain Pidilite withheld requested information, paste, wet cake) and finished pigment in expanded input for strategy failed to provide information in a timely the form of presscake and dry color. manner and in the form requested, and development. Pigment dispersions in any form (e.g., significantly impeded this proceeding, Ian Steff, pigments dispersed in oleoresins, we continue to find that Pidilite failed Deputy Assistant Secretary for flammable solvents, water) are not to cooperate to the best of its ability and, Manufacturing. included within the scope of the Order. accordingly, find it appropriate to assign [FR Doc. 2018–07584 Filed 4–11–18; 8:45 am] The merchandise subject to the Order it a margin based on adverse facts BILLING CODE 3510–DR–P is classifiable under subheading available (AFA) in accordance with 3204.17.9040 of the Harmonized Tariff sections 776(a)(1) and (a)(2)(A), (B), (C) Schedule of the United States (HTSUS). and 776(b) of the Tariff Act of 1930, as DEPARTMENT OF COMMERCE Although the HTSUS subheading is amended. For further discussion, see the provided for convenience and customs Issues and Decision Memorandum. International Trade Administration purposes, our written description of the scope of the Order is dispositive. Adjustment for Export Subsidies [A–533–838] For Pidilite, in the original Analysis of Comments Recieved investigation, we subtracted the portion Carbazole Violet Pigment 23 from All issues raised in the case and of the countervailing duty rate India: Final Results of Antidumping rebuttal briefs by parties to this attributable to export subsidies (17.02 Duty Administrative Review; 2015– administrative review are addressed in percent) from the final dumping margin 2016 the Issues and Decision Memorandum.5 of 66.59 percent in order to calculate the cash-deposit rate of 49.57 percent.7 AGENCY: Enforcement and Compliance, 1 See Carbazole Violet Pigment 23 from India: International Trade Administration, Since the publication of the Preliminary Results of Antidumping Duty Antidumping Duty Order, we have not Department of Commerce. Administrative Review; 2015–2016, 82 FR 57205 (December 4, 2017) (Preliminary Results) and conducted an administrative review of SUMMARY: The Department of Commerce accompanying Preliminary Decision Memorandum. the countervailing duty order on CVP 23 (Commerce) determines that Pidilite 2 See Memorandum, ‘‘Deadlines Affected by the from India.8 Therefore, imports of the Industries Limited (Pidilite), a Shutdown of the Federal Government,’’ dated subject merchandise from Pidilite January 23, 2018. All deadlines in this segment of producer/exporter of carbazole violet during the review period were subject to pigment 23 (CVP 23) from India, sold the proceeding have been extended by three days. 3 See Notice of Amended Final Determination of countervailing duties for export subject merchandise at prices below Sales at Less Than Fair Value and Antidumping subsidies of 17.02 percent. Accordingly, normal value (NV) during the period of Duty Order: Carbazole Violet Pigment 23 from we have adjusted the dumping margin review (POR) December 1, 2015, India, 69 FR 77988 (December 29, 2004) (Order). through November 30, 2016. 4 The bracketed section of the product description, [3,2-b:3′,2′-m], is not business for the Final Results of the Antidumping Duty DATES: Applicable April 12, 2018. proprietary information. In this case, the brackets Administrative Review; 2015–2016,’’ dated concurrently with this determination and hereby FOR FURTHER INFORMATION CONTACT: are simply part of the chemical nomenclature. See ‘‘Amendment to Petition for Antidumping adopted by this notice (Issues and Decision Irene Gorelik or George Ayache, AD/ Investigations of China and India and a Memorandum). CVD Operations, Office VIII, Countervailing Duty Investigation of India on 6 See Preliminary Results and accompanying Imports of Carbazole Violet Pigment 23 in the forms Preliminary Decision Memorandum. Enforcement and Compliance, 7 International Trade Administration, of Crude Pigment, Presscake and Dry Color See Order. Pigment,’’ dated December 3, 2003, at 8. 8 See Carbazole Violet Pigment 23 from India: U.S. Department of Commerce, 1401 5 See Memorandum, ‘‘Carbazole Violet Pigment Rescission of Countervailing Duty Administrative Constitution Avenue NW, Washington, 23 from India: Issues and Decision Memorandum Review; 2015, 82 FR 42648 (September 11, 2017).

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15789

in accordance with section 772(c)(1)(C) Final Results of the Review November 30, 2016, the following of the Act. Commerce determines that, for the dumping margin exists: period of December 1, 2015, through

Rate adjusted Dumping for export Exporter/producer margin subsidies (percent) (percent)

Pidilite Industries Limited ...... 66.59 49.57

Assessment Rates Notification to Importers VI. Conclusion [FR Doc. 2018–07616 Filed 4–11–18; 8:45 am] Commerce shall determine, and U.S. This notice serves as a final reminder Customs and Border Protection (CBP) to importers of their responsibility BILLING CODE 3510–DS–P shall assess, antidumping duties on all under 19 CFR 351.402(f)(2) to file a appropriate entries of subject certificate regarding the reimbursement DEPARTMENT OF COMMERCE merchandise in accordance with the of antidumping duties prior to final results of this review.9 For entries liquidation of the relevant entries International Trade Administration of the subject merchandise from Pidilite, during this POR. Failure to comply with we will instruct CBP to assess this requirement could result in the [C–549–836, C–570–070] antidumping duties at the adjusted rate Secretary’s presumption that of 49.57 percent. reimbursement of antidumping duties Rubber Bands From Thailand and the We intend to issue instructions to occurred and the subsequent assessment People’s Republic of China: CBP 15 days after the date of of doubled antidumping duties. Postponement of Preliminary publication of the final results of this Administrative Protective Order Determinations in the Countervailing review. Duty Investigations In accordance with 19 CFR Cash Deposit Requirements 351.305(a)(3), this notice also serves as AGENCY: Enforcement and Compliance, a reminder to parties subject to The following deposit requirements International Trade Administration, administrative protective order (APO) of will be effective upon publication of the Department of Commerce. their responsibility concerning the notice of the final results of this return or destruction of proprietary DATES: Applicable April 12, 2018. administrative review for all shipments information disclosed under the APO, of the subject merchandise entered, or FOR FURTHER INFORMATION CONTACT: which continues to govern business withdrawn from warehouse, for Shanah Lee at (202) 482–6386 proprietary information in this segment (Thailand) and Kristen Johnson at (202) consumption on or after the publication of the proceeding. Timely written date of the final results, as provided by 482–4793 (the People’s Republic of notification of the return or destruction China), AD/CVD Operations, section 751(a)(2)(C) of the Act: (1) The of APO materials or conversion to cash deposit rate for Pidilite will be the Enforcement and Compliance, judicial protective order is hereby International Trade Administration, rate established in the final results of requested. Failure to comply with the this review; (2) for previously reviewed U.S. Department of Commerce, 1401 regulations and terms of an APO is a Constitution Avenue NW, Washington, or investigated companies not violation subject to sanction. participating in this review, the cash DC 20230. deposit rate will continue to be the We are issuing and publishing this SUPPLEMENTARY INFORMATION: company-specific rate published for the notice in accordance with sections most recently-completed segment of this 751(a)(1) and 777(i)(1) of the Act, and 19 Background CFR 351.213(h). proceeding in which the company was On February 20, 2018, the Department reviewed; (3) if the exporter is not a firm Dated: April 6, 2018. of Commerce (Commerce) initiated covered in this review, a prior review, Gary Taverman, countervailing duty (CVD) or the less-than-fair value (LTFV) Deputy Assistant Secretary for Antidumping investigations on rubber bands from investigation, but the manufacturer is, and Countervailing Duty Operations, Thailand and the People’s Republic of the cash deposit rate will be the rate performing the non-exclusive functions and China.1 Currently, the preliminary established for the most recently- duties of the Assistant Secretary for determinations of these investigations Enforcement and Compliance. completed segment of this proceeding are due no later than April 26, 2018. for the manufacturer of subject Appendix—List of Topics Discussed in merchandise; and (4) the cash deposit the Issues and Decision Memorandum 1 See Rubber Bands from Thailand, the People’s rate for all other manufacturers or Republic of China, and Sri Lanka: Initiation of exporters will continue to be 27.48 I. Summary Countervailing Duty Investigations, 83 FR 8429 percent, the all-others rate established II. Background (February 27, 2018). Pursuant to section 703(a)(1) of III. Affiliation in the LTFV investigation.10 These cash the Tariff Act of 1930, as amended, the IV. Use of Facts Otherwise Available With countervailing duty investigation on rubber bands deposit requirements, when imposed, Adverse Inferences from Sri Lanka was terminated following the shall remain in effect until further V. Analysis of Comments International Trade Commission’s determination notice. Comment 1: Whether Pidilite and Its U.S. that imports of rubber bands from Sri Lanka that are alleged to be sold at less than fair value and Customer Are Affiliated subsidized by the government of Sri Lanka are 9 See section 751(a)(2)(C) of the Act and 19 CFR Comment 2: Whether To Continue To negligible. See Rubber Bands from China, Sri 351.212(b). Apply AFA to Pidilite for the Final Lanka, and Thailand; Determinations, 83 FR 12594 10 See Order. Results (March 22, 2018).

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15790 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Postponement of Preliminary Dated: April 6, 2018. no comments from any interested Determinations Gary Taverman, parties. Deputy Assistant Secretary for Antidumping Scope of the Investigation Section 703(b)(1) of the Tariff Act of and Countervailing Duty Operations, 1930, as amended (the Act) requires performing the non-exclusive functions and The products covered by this Commerce to issue the preliminary duties of the Assistant Secretary for investigation are stainless steel flanges determination in a CVD investigation Enforcement and Compliance. from China. For a complete description within 65 days after the date on which [FR Doc. 2018–07588 Filed 4–11–18; 8:45 am] of the scope of this investigation, see the Commerce initiated the investigation. BILLING CODE 3510–DS–P Appendix to this notice. However, section 703(c)(1)(A) of the Act permits Commerce to postpone the Analysis of Subsidy Programs and preliminary determination until no later DEPARTMENT OF COMMERCE Comments Received than 130 days after the date on which As noted above, we received no Commerce initiated the investigation if International Trade Administration comments pertaining to the Preliminary a petitioner makes a timely request for Determination. As stated in the a postponement. Under 19 CFR [C–570–065] Preliminary Determination, we found 351.205(e), a petitioner must submit a that the mandatory respondents in these request for postponement 25 days or Countervailing Duty Investigation of investigations, Bothwell (Jiangyan) Steel more before the scheduled date of the Stainless Steel Flanges From the Fittings Co., Ltd.; Hydro Fluids Controls preliminary determination and must People’s Republic of China: Final Limited; Jiangyin Shengda Brite Line state the reason for the request. Affirmative Determination Kasugai Flange Co., Ltd.; and Qingdao I- Commerce will grant the request unless Flow Co., Ltd.; did not cooperate to the AGENCY: it finds compelling reasons to deny the Enforcement and Compliance, best of their abilities and, accordingly, request.2 International Trade Administration, we determined it appropriate to apply Department of Commerce. On March 27, 2018, Alliance Rubber facts otherwise available with adverse Co. (the petitioner) submitted a timely SUMMARY: The Department of Commerce inferences, in accordance with section request, pursuant to section 703(c)(1)(A) (Commerce) determines that 776(a)–(b) of the Tariff Act of 1930, as of the Act and 19 CFR 351.205(e), to countervailable subsidies are being amended (the Act).3 For the purposes of postpone fully the preliminary provided to producers/exporters of the final determination, Commerce has determinations.3 The petitioner stated stainless steel flanges from the People’s made no changes to the Preliminary that the purpose of its request is to Republic of China (China). The period Determination. of investigation is January 1, 2016, provide Commerce with adequate time All-Others Rate to analyze fully ‘questionnaire through December 31, 2016. responses to determine the extent to DATES: Applicable April 12, 2018. As discussed in the Preliminary which countervailable subsidies are Determination, Commerce based the FOR FURTHER INFORMATION CONTACT: used by the respondents.4 selection of the ‘‘All-Others’’ rate on the Justin Neuman or Jerry Huang, AD/CVD In accordance with 19 CFR countervailable subsidy rate established Operations, Office V, Enforcement and for the mandatory respondents in 351.205(e), the petitioner stated the Compliance, International Trade reason for requesting a postponement of accordance with section 705(c)(5)(A)(ii) Administration, U.S. Department of of the Act.4 We made no changes to the the preliminary determinations and the Commerce, 1401 Constitution Avenue record does not present any compelling selection of this rate for this final NW, Washington, DC 20230; telephone determination. reasons to deny the request. Therefore, (202) 482–0486 or (202) 482–4047, in accordance with section 703(c)(1)(A) respectively. Final Determination of the Act, Commerce is postponing the Commerce determines that the deadline for the preliminary SUPPLEMENTARY INFORMATION: following estimated countervailable determinations to July 2, 2018.5 In Background subsidy rates exist: accordance with section 705(a)(1) of the The Preliminary Determination in this Act and 19 CFR 351.210(b)(1), the Subsidy deadline for the final determinations of investigation was published on January Company rate these investigations will continue to be 23, 2018.1 Commerce exercised its (percent) 75 days after the date of the preliminary discretion to toll all deadlines affected determinations, unless postponed at a by the closure of the Federal Bothwell (Jiangyan) Steel Fit- later date. Government from January 20 through tings Co., Ltd ...... 174.73 Hydro-Fluids Controls Limited .... 174.73 This notice is issued and published 22, 2018. As a result, the revised deadline for the final determination of Jiangyin Shengda Brite Line pursuant to section 703(c)(2) of the Act 2 Kasugai Flange Co., Ltd ...... 174.73 and 19 CFR 351.205(f)(1). this investigation is now April 4, 2018. Qingdao I-Flow Co., Ltd ...... 174.73 We invited interested parties to All-Others ...... 174.73 comment on the Preliminary 2 See 19 CFR 351.205(e). 3 See Letter from the petitioner, ‘‘Petitioner’s Determination. However, we received Continuation of Suspension of Request for Postponement of the Preliminary Liquidation Determinations,’’ dated March 27, 2018. 1 See Countervailing Duty Investigation of 4 Id. at 2. Stainless Steel Flanges from the People’s Republic As a result of our Preliminary 5 The actual deadline is June 30, 2018, which is of China: Preliminary Affirmative Determination, 83 Determination and pursuant to section a Saturday. Commerce’s practice dictates that where FR 3124 (January 23, 2018) (Preliminary 703(d)(1)(B) and (d)(2) of the Act, a deadline falls on a weekend or federal holiday, Determination). Commerce directed U.S. Customs and the appropriate deadline is the next business day. 2 See Memorandum, ‘‘Deadlines Affected by the See Notice of Clarification: Application of ‘‘Next Shutdown of the Federal Government’’ (Tolling Business Day’’ Rule for Administrative Memorandum), dated January 23, 2018. All 3 See Preliminary Determination, 83 FR at 3124– Determination Deadlines Pursuant to the Tariff Act deadlines in this segment of the proceeding have 3125. of 1930, As Amended, 70 FR 24533 (May 10, 2005). been extended by 3 days. 4 Id., 83 FR at 3125.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15791

Border Protection (CBP) to suspend Dated: April 4, 2018. written description of the scope is liquidation of entries of subject Gary Taverman, dispositive. merchandise as described in the scope Deputy Assistant Secretary for Antidumping [FR Doc. 2018–07587 Filed 4–11–18; 8:45 am] of the investigation section entered, or and Countervailing Duty Operations, BILLING CODE 3510–DS–P withdrawn from warehouse, for performing the non-exclusive functions and consumption on or after the date of duties of the Assistant Secretary for Enforcement and Compliance. publication of this notice in the Federal DEPARTMENT OF COMMERCE Appendix—Scope of the Investigation Register. National Oceanic and Atmospheric If the U.S. International Trade The products covered by this investigation Administration Commission (ITC) issues a final are certain forged stainless steel flanges, affirmative injury determination, we whether unfinished, semi-finished, or finished (certain forged stainless steel RIN 0648–XG142 will issue a CVD order, will continue flanges). Certain forged stainless steel flanges the suspension of liquidation under are generally manufactured to, but not Magnuson-Stevens Act Provisions; section 706(a) of the Act, and will limited to, the material specification of General Provisions for Domestic require a cash deposit of estimated ASTM/ASME A/SA182 or comparable Fisheries; Application for Exempted countervailing duties for such entries of domestic or foreign specifications. Certain Fishing Permits subject merchandise in the amounts forged stainless steel flanges are made in various grades such as, but not limited to, AGENCY: National Marine Fisheries indicated above. If the ITC determines 304, 304L, 316, and 316L (or combinations Service (NMFS), National Oceanic and that material injury, or threat of material thereof). The term ‘‘stainless steel’’ used in Atmospheric Administration (NOAA), injury, does not exist, this proceeding this scope refers to an alloy steel containing, Commerce. will be terminated and all estimated by actual weight, 1.2 percent or less of carbon ACTION: duties deposited or securities posted as and 10.5 percent or more of chromium, with Notice; request for comments. or without other elements. a result of the suspension of liquidation Unfinished stainless steel flanges possess SUMMARY: The Assistant Regional will be refunded or canceled. the approximate shape of finished stainless Administrator for Sustainable Fisheries, International Trade Commission steel flanges and have not yet been machined Greater Atlantic Region, NMFS to final specification after the initial forging Notification (Assistant Regional Administrator), has or like operations. These machining made a preliminary determination that processes may include, but are not limited to, In accordance with section 705(d) of boring, facing, spot facing, drilling, tapering, three exempted fishing permit the Act, Commerce will notify the ITC threading, beveling, heating, or compressing. applications contain all of the required of its determination. In addition, we are Semi-finished stainless steel flanges are information and warrant further making available to the ITC all non- unfinished stainless steel flanges that have consideration. These exempted fishing privileged and non-proprietary undergone some machining processes. permits would authorize five information related to this investigation. The scope includes six general types of commercial fishing vessels to test the flanges. They are: (1) Weld neck, generally economic viability of using hook gear to We will allow the ITC access to all used in butt-weld line connection; (2) privileged and business proprietary selectively target pollock and haddock threaded, generally used for threaded line in the Western Gulf of Maine and information in our files, provided the connections; (3) slip-on, generally used to ITC confirms that it will not disclose slide over pipe; (4) lap joint, generally used Cashes Ledge Closure Areas (excluding the Cashes Ledge Habitat Management such information, either publicly or with stub-ends/butt-weld line connections; Area), and to temporarily retain under an administrative protective order (5) socket weld, generally used to fit pipe into a machine recession; and (6) blind, undersized catch for measurement and (APO), without the written consent of generally used to seal off a line. The sizes data collection. the Assistant Secretary for Enforcement and descriptions of the flanges within the Regulations under the Magnuson- and Compliance. scope include all pressure classes of ASME Stevens Fishery Conservation and B16.5 and range from one-half inch to Notification Regarding Administrative twenty-four inches nominal pipe size. Management Act require publication of Protective Orders Specifically excluded from the scope of these this notification to provide interested orders are cast stainless steel flanges. Cast parties the opportunity to comment on In the event that the ITC issues a final stainless steel flanges generally are applications for proposed exempted negative injury determination, this manufactured to specification ASTM A351. fishing permits. The country of origin for certain forged notice will serve as the only reminder DATES: Comments must be received on stainless steel flanges, whether unfinished, to parties subject to an APO of their or before April 27, 2018. responsibility concerning the semi-finished, or finished is the country where the flange was forged. Subject ADDRESSES: You may submit written destruction of proprietary information merchandise includes stainless steel flanges comments by any of the following disclosed under APO in accordance as defined above that have been further methods: with 19 CFR 351.305(a)(3). Timely processed in a third country. The processing • Email: [email protected]. includes, but is not limited to, boring, facing, written notification of the return/ Include in the subject line ‘‘Comments destruction of APO materials or spot facing, drilling, tapering, threading, beveling, heating, or compressing, and/or any on EFP Applications for Hook Gear conversion to judicial protective order is other processing that would not otherwise Access to WGOM and Cashes Ledge hereby requested. Failure to comply remove the merchandise from the scope of Closure Areas.’’ with the regulations and terms of an the investigations if performed in the country • Mail: Michael Pentony, Regional APO is a violation which is subject to of manufacture of the stainless steel flanges. Administrator, NMFS, Greater Atlantic sanction. Merchandise subject to the investigation is Regional Fisheries Office, 55 Great typically imported under headings This determination is issued and 7307.21.1000 and 7307.21.5000 of the Republic Drive, Gloucester, MA 01930. published pursuant to sections 705(d) Harmonized Tariff Schedule of the United Mark the outside of the envelope and 777(i) of the Act and 19 CFR States (HTSUS). While HTSUS subheadings ‘‘Comments on EFP Applications for 351.210(c). and ASTM specifications are provided for Hook Gear Access to WGOM and Cashes convenience and customs purposes, the Ledge Closure Areas.’’

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15792 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

FOR FURTHER INFORMATION CONTACT: Kyle species like cod, the use of a vessel further consideration. This exempted Molton, Fishery Management Specialist, monitoring system and 100-percent fishing permit would require 978–281–9236, [email protected]. monitoring would be required for all participants to use electronic SUPPLEMENTARY INFORMATION: Two vessels. A research technician or at-sea monitoring systems on 100 percent of commercial fishermen and a groundfish monitor would accompany all trips that sector trips for catch accounting in the sector submitted complete applications occur under these EFPs to measure and groundfish fishery. Additionally, vessels to renew exempted fishing permits document fish caught and document would be authorized to access portions (EFPs) on February 16, 2018, to conduct fishing gear, bait, location, and fishing of groundfish closed areas. Regulations commercial fishing activities that the conditions to evaluate gear performance. under the Magnuson-Stevens Fishery regulations would otherwise restrict. The vessel captains would also Conservation and Management Act These EFPs would authorize five document fishing practices used to require publication of this notification commercial fishing vessels to fish a avoid bycatch of non-target species. to provide interested parties the combined total of 150 trips in the Undersized fish would be discarded as opportunity to comment on applications Western Gulf of Maine (WGOM) and quickly as possible after sampling. All for proposed exempted fishing permits. Cashes Ledge Closure Areas, excluding Northeast multispecies of legal size DATES: Comments must be received on the Cashes Ledge Habitat Management would be landed, and all catch would or before April 27, 2018. be attributed to the vessel’s sector Area (HMA), with hook gear, and to ADDRESSES: You may submit written annual catch entitlement. The temporarily retain undersized catch for comments by either of the following applicants will also document ex-vessel measurement and data collection. methods: price for all sold catch for comparison Within the Cashes Ledge Closure Area, • Email: [email protected]. access would be permitted in the with other harvest methods and markets. The participating vessels Include in the subject line ‘‘100 Fippennies Ledge HMA, but not in the PERCENT EM EFP.’’ Cashes Ledge or Ammen Rock HMAs. would not be exempt from any sector • monitoring or reporting requirements. Mail: Michael Pentony, Regional These HMAs were developed as part of Administrator, NMFS, Greater Atlantic the New England Fisheries Management If approved, the applicants may request minor modifications and Regional Fisheries Office, 55 Great Council’s Omnibus Essential Fish Republic Drive, Gloucester, MA 01930. Habitat Amendment 2, and approved by extensions to the EFPs throughout the year. EFP modifications and extensions Mark the outside of the envelope ‘‘100 NMFS on January 3, 2018. PERCENT EM EFP.’’ The EFPs would authorize the may be granted without further notice if applicants to use hook gear to they are deemed essential to facilitate FOR FURTHER INFORMATION CONTACT: selectively target pollock and haddock completion of the proposed research Claire Fitz-Gerald, Fishery Management while maintaining minimal bycatch. In and have minimal impacts that do not Specialist, 978–281–9255. addition, the applicants would also change the scope or impact of the SUPPLEMENTARY INFORMATION: explore and develop premium markets initially approved EFP request. Groundfish sectors are required to to increase the value of the catch. This Authority: 16 U.S.C. 1801 et seq. implement and fund an at-sea study would be conducted in the Dated: April 9, 2018. monitoring (ASM) program. Sectors may WGOM and Cashes Ledge Closure use electronic monitoring (EM) to satisfy Jennifer M. Wallace, Areas. The applicants have requested this monitoring requirement, provided access to these areas based on reports, Acting Director, Office of Sustainable that NMFS deems the technology Fisheries, National Marine Fisheries Service. and experimental fishing, which suggest sufficient for catch monitoring. NMFS that there are high concentrations of the [FR Doc. 2018–07597 Filed 4–11–18; 8:45 am] has yet to approve EM as a suitable target species located in these areas. The BILLING CODE 3510–22–P alternative to ASM. However, NMFS is exemptions are necessary to conduct working with industry and other this study because vessels on stakeholders to test the operational DEPARTMENT OF COMMERCE commercial groundfish trips are feasibility of EM and resolve prohibited from fishing for groundfish National Oceanic and Atmospheric outstanding barriers to implementation. in these closed areas and from retaining Administration Project partners include the Cape Cod undersized groundfish. EFP trips would Commercial Fishermen’s Alliance, The occur year-round, excluding existing RIN 0648–XG152 Nature Conservancy, the Maine Coast seasonal closures. Fishermen’s Association, the Gulf of Magnuson-Stevens Act Provisions; Participating vessels would take a Maine Research Institute, and fishermen General Provisions for Domestic combined total of 150 trips to closed from the Northeast Fishery Sectors V & Fisheries; Application for Exempted areas. Trips would be roughly 24 hours XI, the GB Cod Fixed Gear Sector, the Fishing Permits or less in length. Vessels would use Sustainable Harvest Sector, and the automated jigging machines, handline, AGENCY: National Marine Fisheries Maine Coast Community Sector. and rod and reel gears only. Based on Service (NMFS), National Oceanic and In fishing year 2017, NMFS issued an preliminary 2017 data, estimated catch Atmospheric Administration (NOAA), exempted fishing permit (EFP) to these on these trips is between 1,000 and Commerce. project partners to develop an audit- 2,000 lb (453.5 to 907.2 kg) of pollock ACTION: Notice; request for comments. model EM program for the groundfish and haddock, combined, per trip. 2017 fishery. The EFP required vessels to use data indicate that catch of non-target SUMMARY: The Assistant Regional EM systems on 100 percent of species is small; cod represented less Administrator for Sustainable Fisheries, groundfish sector trips to verify than 10 percent of catch overall, and Greater Atlantic Region, NMFS, has regulated groundfish discards. EM was other species were encountered only made a preliminary determination that used in lieu of human observers to meet sporadically or in low numbers. an exempted fishing permit application their sector ASM requirements. Thirteen Because these vessels would be submitted by the Cape Cod Commercial vessels using a variety of gear types (e.g. fishing in closed areas, and must Fishermen’s Alliance contains all of the hook, benthic longline, sink gillnet, minimize interactions with non-target required information and warrants bottom trawl) participated in the

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15793

project. A total of 81 trips were change the scope or impact of the SUPPLEMENTARY INFORMATION: completed in fishing year 2017. initially approved EFP request. Any Groundfish sectors are required to The project partners have submitted a fishing activity conducted outside the implement and fund an at-sea renewal request for fishing year 2018. scope of the exempted fishing activity monitoring (ASM) program. A sector is The proposed participant list includes would be prohibited. allowed to use electronic monitoring 14 vessels, 13 of which participated in Authority: 16 U.S.C. 1801 et seq. (EM) to satisfy this monitoring this EFP in fishing year 2017. Together, requirement, provided that NMFS these vessels are expected to take an Dated: April 9, 2018. deems the technology sufficient for estimated 400 trips. The project partners Jennifer M. Wallace, catch monitoring. NMFS has yet to expect up to 10 additional vessels may Acting Director, Office of Sustainable approve EM as an alternative to ASM, join the project in fishing year 2018. Fisheries, National Marine Fisheries Service. but is working with industry and other Vessels participating in this EFP [FR Doc. 2018–07596 Filed 4–11–18; 8:45 am] stakeholders to develop EM for catch would be required to use EM on 100 BILLING CODE 3510–22–P monitoring in the groundfish fishery. percent of groundfish trips. Camera For the groundfish fishery, the program systems would be used in lieu of human designs currently being considered are at-sea monitors, and in addition to DEPARTMENT OF COMMERCE the ‘‘audit model’’ and the ‘‘maximized Northeast Fishery Observer Program retention model.’’ The audit model (NEFOP) observers. Vessels would National Oceanic and Atmospheric would use EM to verify discards adhere to a vessel-specific monitoring Administration reported by a captain on a vessel trip plan detailing at-sea catch handling RIN 0648–XG150 report. Under the maximized retention protocols. Vessels would submit haul- electronic monitoring (MREM) model, level electronic vessel trip reports Magnuson-Stevens Act Provisions; vessels would be required to retain most (eVTR) with count and weight estimates General Provisions for Domestic fish species (e.g., allocated groundfish for all groundfish discards. Fisheries; Application for Exempted stocks), and EM would be used to The discard estimates provided in the Fishing Permits ensure compliance with discarding eVTR would be used for catch regulations. accounting, and all catch of allocated AGENCY: National Marine Fisheries GMRI submitted an exempted fishing groundfish would be deducted from the Service (NMFS), National Oceanic and permit (EFP) application to test a appropriate sector’s allocation. The EM Atmospheric Administration (NOAA), maximized retention electronic service provider would review the video Commerce. monitoring (MREM) model and an footage and produce an EM summary ACTION: Notice; request for comments. accompanying dockside monitoring report identifying, counting, and (DSM) program to monitor high-volume SUMMARY: The Assistant Regional generating weight estimates for all bottom-trawl vessels in the groundfish Administrator for Sustainable Fisheries, groundfish discards. The provider fleet. Vessels would be outfitted with Greater Atlantic Region, NMFS, has would submit this report to NMFS. EM systems (cameras and gear sensors), made a preliminary determination that NMFS would compare the eVTR and and the cameras would be on for 100 an exempted fishing permit application EM summary file to ensure the percent of groundfish trips. The EFP submitted by the Gulf of Maine submissions match within an would require participating vessels to Research Institute contains all of the established tolerance. If the trips do not retain and land all catch of allocated required information and warrants match, the eVTR would not be used for groundfish, including undersized fish further consideration. The exempted catch accounting for that trip. For trips that they would normally be required to fishing permit would allow the use of that carry a NEFOP observer, the NEFOP discard. All other species would be electronic monitoring to support testing data would be used for catch handled per normal commercial fishing accounting. The EM service provider a maximized retention model in the operations. An EM service provider would review 100 percent of the video groundfish fishery. would review 100 percent of the video Regulations under the Magnuson- footage at the outset of the fishing year, footage to verify that the vessels did not Stevens Fishery Conservation and but may reduce the review percentage discard allocated groundfish. NMFS Management Act require publication of mid-year as part of audit-model testing, Northeast Fisheries Science Center staff this notification to provide interested if approved by NMFS. would conduct a secondary review of parties the opportunity to comment on Because participating vessels would 100 percent of the video footage for all applications for proposed Exempted be fully monitored, project partners trips. requested access to closed areas to Fishing Permits. All catch would be assessed shoreside incentivize participation and create DATES: Comments must be received on via an accompanying DSM program. additional fishing opportunities for or before April 27, 2018. The DSM program would have three healthy stocks. Vessels would be ADDRESSES: You may submit written primary objectives: (1) Biological allowed to use hook gear and sink comments by either of the following sampling; (2) verification of dealer- gillnets in Closed Area II from May 1 methods: reported landings, and; (3) fish hold through February 15, hook gear in • Email: [email protected]. inspections. Vessels would be Western Gulf of Maine Closure Area, Include in the subject line ‘‘GMRI authorized to sell catch, including and jig gear in Cashes Ledge Closure MREM EFP.’’ undersized fish, to a limited number of Area. • Mail: Michael Pentony, Regional dealers. The vessel and dealer would If approved, the applicant may Administrator, NMFS, Greater Atlantic work with the Center to ensure that a request minor modifications and Regional Fisheries Office, 55 Great Federal employee or contract staff is extensions to the EFP throughout the Republic Drive, Gloucester, MA 01930. present to observe 100 percent of year. EFP modifications and extensions Mark the outside of the envelope ‘‘GMRI offloads for this project. The sampler may be granted without further notice if MREM EFP.’’ would verify dealer landings and collect they are deemed essential to facilitate FOR FURTHER INFORMATION CONTACT: biosamples, including length-frequency completion of the proposed research Claire Fitz-Gerald, Fishery Management data on a subset of fish in each market and have minimal impacts that do not Specialist, 978–281–9255. category. The Northeast Region Office of

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15794 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Law Enforcement would randomly to participate. All catch of groundfish parties the opportunity to comment on inspect fish holds on approximately 10 stocks allocated to sectors would be applications for proposed Exempted percent of EFP trips. deducted from the appropriate sector’s Fishing Permits. Because vessels would be fully allocation for each groundfish stock. DATES: Comments must be received on monitored, GMRI also requested Because this is a maximized retention or before April 27, 2018. exemptions to incentivize participation program, vessels would not be ADDRESSES: You may submit written in the project and increase fishing permitted to discard legal unmarketable comments by either of the following opportunities for healthy stocks. The fish for allocated groundfish stocks, EFP would allow vessels to use the methods: regardless of whether the vessel holds a • codend configuration used in the sector exemption to do so through its Email: [email protected]. Canadian haddock fishery (5.1-inch operations plan. Include in the subject line ‘‘TNC EM (13.0-cm) square mesh codend) and/or EFP RENEWAL.’’ If approved, the applicant may • the codend configuration tested in the request minor modifications and Mail: Michael Pentony, Regional REDNET project (4.5-inch (11.4-cm) extensions to the EFP throughout the Administrator, NMFS, Greater Atlantic diamond mesh codend). This exemption year. EFP modifications and extensions Regional Fisheries Office, 55 Great is intended to improve size selectivity may be granted without further notice if Republic Drive, Gloucester, MA 01930. and increase catch of target species, they are deemed essential to facilitate Mark the outside of the envelope ‘‘TNC while avoiding groundfish species of completion of the proposed research EM EFP RENEWAL.’’ concern. and have minimal impacts that do not FOR FURTHER INFORMATION CONTACT: The applicant also requested access to change the scope or impact of the Claire Fitz-Gerald, Groundfish Fishery portions of Closed Area II. Vessels initially approved EFP request. Any Management Specialist, 978–281–9255. would be allowed to fish in the non- fishing activity conducted outside the SUPPLEMENTARY INFORMATION: essential fish habitat portions of Closed scope of the exempted fishing activity Groundfish sectors are required to Areas I and II from May 1 through would be prohibited. implement and fund an at-sea February 15. Vessels would not be monitoring (ASM) program. Sectors may allowed to fish in the area from Authority: 16 U.S.C. 1801 et seq. use electronic monitoring (EM) to satisfy February 16 through April 30 as fishing Dated: April 9, 2018. this monitoring requirement, provided activity during this time may negatively Jennifer M. Wallace, NMFS deems the technology sufficient affect Georges Bank cod and haddock Acting Director, Office of Sustainable for catch monitoring. NMFS has yet to spawning. The applicant states that, due Fisheries, National Marine Fisheries Service. approve EM as a suitable alternative to to the distribution and movement of [FR Doc. 2018–07583 Filed 4–11–18; 8:45 am] ASM. However, we are working with groundfish stocks, this exemption BILLING CODE 3510–22–P would improve vessels’ ability to industry and other stakeholders to test selectively target healthy groundfish the operational feasibility of EM and resolve outstanding issues that are stocks. DEPARTMENT OF COMMERCE The EFP application also requested an barriers to implementation. exemption from sector third-party ASM National Oceanic and Atmospheric In fishing year 2016, The Nature requirements. We do not intend to grant Administration Conservancy, in partnership with the this requested exemption. Participating Cape Cod Commercial Fishermen’s RIN 0648–XG151 vessels would still be required to Alliance; the Maine Coast Fishermen’s discard non-allocated groundfish stocks Association; and, the Gulf of Maine Magnuson-Stevens Act Provisions; Research Institute; and fishermen from (e.g. ocean pout, wolffish, windowpane General Provisions for Domestic flounder) and adhere to possession the Northeast Fishery Sectors V & XI, Fisheries; Application for Exempted the GB Cod Fixed Gear Sector, the limits for certain groundfish stocks (e.g. Fishing Permits halibut) and non-groundfish species Sustainable Harvest Sector, and the ((e.g. monkfish, dogfish, skate). NMFS AGENCY: National Marine Fisheries Maine Coast Community Sector; applies assumed discard rates to all Service (NMFS), National Oceanic and obtained an exempted fishing permit trips to estimate catch for non-allocated Atmospheric Administration (NOAA), (EFP) for vessels to use EM systems in groundfish and non-groundfish species. Commerce. lieu of human observers to meet their These discard rates are calculated from ACTION: Notice; request for comments. ASM requirements. Fourteen vessels the data that at-sea monitors collect. participated in the project, and 52 EFP Therefore, continued ASM coverage for SUMMARY: The Acting Assistant Regional trips were completed. In fishing year participating vessels is necessary to Administrator for Sustainable Fisheries, 2017, the project partners submitted a collect catch and discard information on Greater Atlantic Region, NMFS, has renewal request for this EFP as well as a subset of EFP trips to derive assumed made a preliminary determination that an additional EFP application for a 100- discard rate values. These vessels would an exempted fishing permit application percent EM project. Both EFPs were carry ASM coverage at the standard submitted by The Nature Conservancy issued; 13 vessels participated in the level required for sectors, which is 15 contains all of the required information 100-percent EFP and 5 vessels percent for the 2018 fishing year. and warrants further consideration. This participated in this EFP. Thirty-seven Northeast Fishery Observer Program exempted fishing permit would allow EFP trips were completed this year to observers would not be deployed on participants to use electronic date under this EFP. these vessels because their fishing monitoring systems in lieu of at-sea The project partners have submitted a activity is not consistent with the monitors in support of a study to renewal request for this EFP for the Standardized Bycatch Reporting develop electronic monitoring for catch 2018 fishing year. The proposed Methodology sampling design. monitoring in the groundfish fishery. participant list includes five vessels, all This EFP would cover fishing trips Regulations under the Magnuson- of which participated in this EFP in that occur in the 2018 and 2019 fishing Stevens Fishery Conservation and fishing year 2017. Together, they are years. NMFS would authorize a Management Act require publication of expected to take an estimated 225 trips maximum of eight bottom-trawl vessels this notification to provide interested in fishing year 2018. At 15-percent

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15795

observer coverage, this would equate to scope of the exempted fishing activity attachments, must not exceed a 25- roughly 30–35 EFP trips. would be prohibited. megabyte file size. Attachments to Vessels participating in this EFP Authority: 16 U.S.C. 1801 et seq. electronic comments will be accepted in would use EM in lieu of human ASMs, Microsoft Word or Excel or Adobe PDF and in addition to Northeast Fishery Dated: April 9, 2018. file formats only. All comments Observer Program (NEFOP) observers, Jennifer M. Wallace, received are a part of the public record on groundfish trips selected for observer Acting Director, Office of Sustaianble and will generally be posted online at coverage. Vessels would adhere to a Fisheries, National Marine Fisheries Service. https://www.fisheries.noaa.gov/node/ vessel-specific Vessel Monitoring Plan [FR Doc. 2018–07595 Filed 4–11–18; 8:45 am] 23111 without change. All personal (VMP) detailing at-sea catch handling BILLING CODE 3510–22–P identifying information (e.g., name, protocols. An EM service provider address) voluntarily submitted by the would review 100 percent of the video commenter may be publicly accessible. footage. The provider would also DEPARTMENT OF COMMERCE Do not submit confidential business produce an EM summary report information or otherwise sensitive or National Oceanic and Atmospheric identifying, counting, and generating protected information. Administration weight estimates for all groundfish FOR FURTHER INFORMATION CONTACT: Sara discards, which it would submit to the RIN 0648–XG059 Young, Office of Protected Resources, NMFS Greater Atlantic Fisheries NMFS, (301) 427–8401. Electronic Takes of Marine Mammals Incidental to Regional Office. These data would be copies of the application and supporting Specified Activities; Taking Marine used for catch accounting purposes on documents, as well as a list of the Mammals Incidental to Demolition and trips selected for ASM coverage. EM references cited in this document, may data would not be used for catch Reuse of the Original East Span of the be obtained online at: https:// accounting in place of observer data on San Francisco-Oakland Bay Bridge www.fisheries.noaa.gov/national/ NEFOP trips, but the information AGENCY: marine-mammal-protection/incidental- generated would facilitate comparisons National Marine Fisheries take-authorizations-construction- between cameras and human observers. Service (NMFS), National Oceanic and activities. In case of problems accessing The Northeast Fisheries Science Center Atmospheric Administration (NOAA), these documents, please call the contact would conduct a secondary review of Commerce. listed above. the EM summary reports for a subset of ACTION: Notice; proposed incidental EFP trips. harassment authorization; request for SUPPLEMENTARY INFORMATION: comments. Under this EFP, vessels would be Background exempt from their sector’s monitoring SUMMARY: NMFS has received a request program requirement only, and all other Sections 101(a)(5)(A) and (D) of the from the California Department of standard sector reporting and MMPA (16 U.S.C. 1361 et seq.) direct Transportation (Caltrans) for monitoring requirements would still the Secretary of Commerce (as delegated authorization to take marine mammals apply, such as using dealer-reported to NMFS) to allow, upon request, the during the dismantling and reuse of the landings and vessel trip reports. Vessels incidental, but not intentional, taking of original East Span of the San Francisco- would be assigned observer coverage at small numbers of marine mammals by the standard ASM coverage level of 15 Oakland Bay Bridge (SFOBB) in the San U.S. citizens who engage in a specified percent, which is a combination of Francisco Bay (SFB). Pursuant to the activity (other than commercial fishing) NEFOP and ASM coverage. All catch of Marine Mammal Protection Act within a specified geographical region if allocated groundfish stocks would be (MMPA), NMFS is requesting comments certain findings are made and either deducted from the appropriate sector’s on its proposal to issue an incidental regulations are issued or, if the taking is allocation. Legal-sized regulated harassment authorization (IHA) to limited to harassment, a notice of a groundfish would be retained and incidentally take marine mammals proposed authorization is provided to landed, as required by the Northeast during the specified activities. NMFS the public for review. Multispecies Fishery Management Plan. will consider public comments prior to An authorization for incidental Undersized groundfish would be making any final decision on the takings shall be granted if NMFS finds handled according to the VMP issuance of the requested MMPA that the taking will have a negligible guidelines in view of cameras and authorizations and agency responses impact on the species or stock(s), will returned to the sea as quickly as will be summarized in the final notice not have an unmitigable adverse impact possible. All other species would be of our decision. on the availability of the species or handled per normal commercial fishing DATES: Comments and information must stock(s) for subsistence uses (where operations. No legal-size regulated be received no later than May 14, 2018. relevant), and if the permissible groundfish would be discarded, unless ADDRESSES: Comments should be methods of taking and requirements otherwise permitted through regulatory addressed to Jolie Harrison, Chief, pertaining to the mitigation, monitoring exemptions granted to the participating Permits and Conservation Division, and reporting of such takings are set vessel’s sector. Office of Protected Resources, National forth. If approved, the applicant may Marine Fisheries Service. Physical NMFS has defined ‘‘negligible request minor modifications and comments should be sent to 1315 East- impact’’ in 50 CFR 216.103 as an impact extensions to the EFP throughout the West Highway, Silver Spring, MD 20910 resulting from the specified activity that year. EFP modifications and extensions and electronic comments should be sent cannot be reasonably expected to, and is may be granted without further notice if to [email protected]. not reasonably likely to, adversely affect they are deemed essential to facilitate Instructions: NMFS is not responsible the species or stock through effects on completion of the proposed research for comments sent by any other method, annual rates of recruitment or survival. and have minimal impacts that do not to any other address or individual, or The MMPA states that the term ‘‘take’’ change the scope or impact of the received after the end of the comment means to harass, hunt, capture, kill or initially approved EFP request. Any period. Comments received attempt to harass, hunt, capture, or kill fishing activity conducted outside the electronically, including all any marine mammal.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15796 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Except with respect to certain be found in the Effects of the Specified implosion events to dismantle 13 piers activities not pertinent here, the MMPA Activity on Marine Mammals and their (Piers E6–E18). This year of work will defines ‘‘harassment’’ as any act of Habitat and Estimated Take section. include removal of Piers E19 and E20. pursuit, torment, or annoyance which (i) This proposed IHA would cover one Dates and Duration has the potential to injure a marine year of a larger project for which mammal or marine mammal stock in the Caltrans obtained previous IHAs. The Vibratory pile driving for construction wild (Level A harassment); or (ii) has larger project involves dismantling of of the Oakland Touchdown pedestrian the potential to disturb a marine many piers of many remaining bridge (OTD) and OTD access trestle mammal or marine mammal stock in the structures from the original east span of may begin in June 2018. Impact pile- wild by causing disruption of behavioral the bridge. driving activities will be restricted from patterns, including, but not limited to, June 1 to November 30, to avoid peak migration, breathing, nursing, breeding, Description of Proposed Activity salmonid migration periods. Pier feeding, or sheltering (Level B Overview implosion requiring IHA coverage is scheduled to begin in September 2018. harassment). Caltrans proposes to demolish and Pier implosion will be restricted from reuse portions of the original East Span National Environmental Policy Act September 1 to November 30, to of the SFOBB by mechanical To comply with the National minimize potential impacts on dismantling and by use of controlled Environmental Policy Act of 1969 biological resources in the Bay. (NEPA; 42 U.S.C. 4321 et seq.) and charges to implode two piers (Piers E19 NOAA Administrative Order (NAO) and E20) into their open cellular Specific Geographic Region 216–6A, NMFS must review our chambers below the mudline. Activities The SFOBB project area is located in proposed action (i.e., the issuance of an associated with dismantling of the piers the central SFB or Bay, between Yerba incidental harassment authorization) may potentially result in incidental take Buena Island (YBI) and the city of with respect to potential impacts on the of marine mammals due to the use of Oakland. The western limit of the human environment. highly controlled charges to dismantle project area is the east portal of the YBI This action is consistent with the marine foundations of the piers. A tunnel, located in the city of San categories of activities identified in public access point will incorporate Francisco. The eastern limit of the Categorical Exclusion B4 (incidental existing piers (E21, E22, and E23) but project area is located approximately harassment authorizations with no requires use of pile driving to finalize 1,312 feet (400 meters) west of the Bay anticipated serious injury or mortality) the access structure. Pier E2 will also be Bridge toll plaza, where the new and of the Companion Manual for NOAA retained for public access former spans of the bridge connect with Administrative Order 216–6A, which do improvements, but does not require any land at the OTD in the city of Oakland. not individually or cumulatively have in-water work. The approximate width of the in-water the potential for significant impacts on Several previous one-year IHAs have work area is 350 meters (1,148 feet). the quality of the human environment been issued to Caltrans for pile driving/ This includes all in-water areas under and for which we have not identified removal and construction of the new the original bridge and new bridge. All any extraordinary circumstances that SFOBB East Span beginning in 2003. activities proposed under this IHA would preclude this categorical NMFS has issued 11 IHAs to Caltrans application will be confined to this area. exclusion. Accordingly, NMFS has for the SFOBB Project. The first five However, other previous in-water preliminarily determined that the IHAs (2003, 2005, 2007, 2009, and 2011) project activities have taken place in issuance of the proposed IHA qualifies addressed potential impacts associated discrete areas near both YBI and to be categorically excluded from with pile driving for the construction of Treasure Island outside these limits. further NEPA review. the new East Span of the SFOBB. IHAs We will review all comments issued in 2013, 2014 and July 2015 Detailed Description of Specific Activity submitted in response to this notice addressed activities associated with Construction activities associated prior to concluding our NEPA process both constructing the new East Span with both dismantling and reuse of or making a final decision on the IHA and dismantling the original East Span, marine foundations of the original east request. specifically addressing vibratory pile span bridge may result in the incidental driving, vibratory pile extraction/ take of marine mammals. These Summary of Request removal, attenuated impact pile driving, activities include the use of highly On January 9, 2018, NMFS received a pile proof testing, and mechanical controlled charges to dismantle Piers request from Caltrans for an IHA to take dismantling of temporary and E19 and E20, as well as pile-driving marine mammals incidental to the permanent marine foundations. On activities associated with construction demolition and reuse of the original East September 9, 2015, NMFS issued an of a public access facility that will Span of the SFOBB in San Francisco IHA to Caltrans for incidental take incorporate reuse Piers E21, E22 and Bay. Caltrans’ request is for take of associated with the demolition of Pier E23. Pier E2 will also be retained and seven species of marine mammals, by E3 of the original SFOBB by highly incorporated into a public access Level B harassment. Neither Caltrans controlled explosives (80 FR 57584; facility. However, public access nor NMFS expects serious injury or September 24, 2015). On September 30, improvements at Pier E2 will not mortality to result from this activity 2016, NMFS issued an IHA authorizing require any in-water work and would and, therefore, an IHA is appropriate. the incidental take of marine mammals not result in incidental take of marine NMFS previously issued several IHAs associated with both pile driving/ mammals; therefore, are not discussed to Caltrans for similar work, with the removal and controlled implosion of further. most recent IHA issued in 2017 (82 FR Piers E4 and E5 (81 FR 67313). On July 35510). Caltrans complied with all the 13, 2017, NMFS issued an IHA to Removal of Piers 19 and 20 requirements (e.g., mitigation, Caltrans authorizing take of marine The removal of Piers E19 and E20 will monitoring, and reporting) of the mammals for additional dismantling the be performed in three phases. The first previous IHAs and information original East Span of the SFOBB using phase will use mechanical dismantling regarding their monitoring results may mechanical means as well as 5to 6 to remove the above-water portions of

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15797

the piers, which is not expected to Blast Attenuation System Testing, A key requirement of pier implosion result in take. The second phase will Installation, and Deployment will involve accurately capturing use controlled blasting methods for The BAS will be deployed around hydroacoustic information from the removal of the in-water portions of the each pier being imploded and will be controlled blast. To accomplish this, a piers. The third phase will include the same system as that successfully smaller test charge will be used to dredging of imploded rubble to used for the removal of Piers E3 to E18. trigger recording instrumentation. specified removal limits, which is also The BAS is a modular system of pipe Multiple test blasts on the same day not expected to result in take. Limits of manifold frames, placed around each may be required to verify proper removal will be determined at each pier and fed by air compressors to create instrument operation and calibrate the location and will result in removal to a curtain of air bubbles. Each BAS frame equipment for the implosion events. These same instruments and others of between 0.46 and 0.91 meter (1.5 and 3 is approximately 15.4 meters long by 1.8 the same type will use high-speed feet) below the mudline. meters wide (50.5 feet long by 6 feet recording devices to capture Piers E19 and E20 are large cellular wide). The BAS to be used will be the hydroacoustic data at both near-field structures through the water column, same design that was used at Piers E3 and far-field monitoring locations which are supported on concrete slabs to E18 and will meet the same during the implosion. and hundreds of driven timber piles specifications. The BAS will be Test blasts will be scheduled to occur encased in a concrete seal. The timber activated before and during implosion. within two weeks of the scheduled piles and concrete seal courses that are As shown during the Pier E3 implosion. Tests will use a charge below approved removal limits will Demonstration Project and eight weight of approximately 18 grains remain in place. Rubble that mounds subsequent pier blast events by the (0.0025 pound) or less and will be above the determined debris removal SFOBB Project, the BAS will attenuate placed along one of the longer faces of elevation limits from the dismantling of noise and pressure waves generated the pier. The results from test blasts that these piers will be removed off-site for during each controlled blast, to occurred before the implosions of Pier disposal; as was done during the minimize potentially adverse effects on E3 and E5 indicate that these test blasts removal of Piers E6 to E18. biological resources that may be nearby. will have minimal impacts on fish and A Blast Attenuation System (BAS) Before installing the BAS, Caltrans no impacts on marine mammals (see similar to that used for previous blast will move any existing debris on the Appendix A in application). events will be used during all future Bay floor that may interrupt or conflict Piers E19 and E20 will be imploded controlled blasting events, to minimize with proper installation of the BAS. during a single event. Before pier potential impacts on biological Each BAS frame will be lowered to the removal via controlled blasting, Caltrans resources in the Bay. The effectiveness bottom of the Bay by a barge-mounted will load the bore holes of the piers with of this minimization measure is crane and will be positioned into place. controlled charges. Individual cartridge supported by the findings from the Divers will assist frame placement and charges using electronic blasting caps successful removal of Piers E3 to E18. will the connect air hoses to the frames. have been selected to provide greater Based on location around the pier, the control and accuracy in determining the Each pier will be removed in the BAS frame elements will be situated individual and total charge weights. Use following three phases: from approximately 8 to 12 meters (25 of individual cartridges will allow a • Pre-blasting activities, including to 40 feet) from the outside edge of each refined blast plan that efficiently breaks removing the pier cap and concrete pier. The frames will be situated to concrete while minimizing the amount pedestals, installing and testing the contiguously surround each pier. Frame of charges needed. BAS; ends will overlap to ensure no break in Boreholes will vary in diameter and • installing charges, activating the the BAS when operational. Each frame depth, and have been designed to BAS, and imploding the pier; and will be weighted to negative buoyancy provide optimal efficiency in • for activation. Compressors will provide transferring the energy created by the dredging of imploded rubble to enough pressure to achieve a minimal controlled charges to dismantle the specified removal limits. air volume fraction of 3 to 4 percent, piers. Individual charge weights will Further detail on the above steps to consistent with the successful use of vary from 7 to 11 kilograms (15 to 25 remove the marine foundations are BAS systems in past controlled blasting pounds), and the total charge weight for provided. Phase 1: Dismantling the activities. the Pier E19 and E20 blast event will be concrete pedestals and concrete pier cap The complete BAS will be installed approximately 1,800 kilograms (4,000 by mechanical means (including the use and tested during the weeks leading up pounds). The total number of individual of torches and excavators mounted with to the controlled blast. The BAS test charges to be used per pier will be hoe rams, drills, and cutting tools), and parameters will include checking approximately 100. Charges will be drilling vertical boreholes where the operating levels, flow rate, and a visual arranged in different levels (decks) and charges will be loaded for controlled check to determine that the system is will be separated in the boreholes by blasting. Phase 2: The charges then will operating correctly. System performance stemming. Stemming is the insertion of be loaded into the drilled boreholes. is anticipated to provide approximately inert materials (e.g., sand or gravel) to Controlled blasting removal will be 80 percent noise and pressure insulate and retain charges in an accomplished using hundreds of small attenuation, based on the results from enclosed space. Stemming allows more charges, with delays between individual the previous SFOBB Project blast events efficient transfer of energy into the charges. The controlled blast sequence using a similar system. structural concrete for fracture, and for each pier will last approximately 1 Test blasts may be conducted to further reduces the release of potential to 5 seconds. The controlled blast ensure that the hydroacoustic energy into the surrounding water removals have been designed to remove monitoring equipment will be column. The entire detonation each pier to between 0.46 and 0.91 functional and triggered properly before sequence, consisting of approximately meter (1.5 and 3 feet) below the the pier implosion event. The test blasts 200 detonations, will last approximately mudline. Phase 3: Dredging of imploded would be conducted within the 1 to 5 seconds for each pier; with a rubble to specified removal limits. completely installed and operating BAS. minimum delay time of 9 milliseconds

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15798 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

(msec) between detonations. There will stemming. Stemming is the insertion of Francisco Bay and summarizes be approximately half a second delay inert materials (e.g., sand or gravel) to information related to the population or between pier blasts to avoid overlap of insulate and retain charges in an stock, including regulatory status under pressure waves. enclosed space. Stemming allows more the MMPA and ESA and potential Piers E19 and E20 will be blasted in efficient transfer of energy into the biological removal (PBR), where known. a single pier implosion event. These structural concrete for fracture, and For taxonomy, we follow Committee on piers will be removed by blasting down further reduces the release of potential Taxonomy (2016). PBR is defined by the through the concrete cellular structure energy into the surrounding water MMPA as the maximum number of but not through the concrete slab, seal, column. The entire detonation animals, not including natural and timber piles below. Remaining sequence, consisting of approximately mortalities, that may be removed from a concrete seals and timber piles below 200 detonations, will last approximately marine mammal stock while allowing the mudline will not be removed. 1 to 5 seconds for each pier; with a that stock to reach or maintain its minimum delay time of 9 msec between Reuse of Piers E21 to E23 optimum sustainable population (as detonations. There will be described in NMFS’s SARs). While no Piers E19 and E20 will be imploded approximately half a second delay during a single event. Before pier between pier blasts to avoid overlap of mortality is anticipated or authorized removal via controlled blasting, Caltrans pressure waves. here, PBR and annual serious injury and will load the bore holes of the pier with Proposed mitigation, monitoring, and mortality from anthropogenic sources controlled charges. Individual cartridge reporting measures are described in are included here as gross indicators of charges using electronic blasting caps detail later in this document (please see the status of the species and other have been selected to provide greater ‘‘Proposed Mitigation’’ and ‘‘Proposed threats. control and accuracy in determining the Monitoring and Reporting’’). Marine mammal abundance estimates individual and total charge weights. Use Description of Marine Mammals in the presented in this document represent of individual cartridges will allow a the total number of individuals that refined blast plan that efficiently breaks Area of Specified Activities make up a given stock or the total concrete while minimizing the amount Sections 3 and 4 of the application number estimated within a particular of charges needed. summarize available information study or survey area. NMFS’s stock Boreholes will vary in diameter and regarding status and trends, distribution depth, and have been designed to and habitat preferences, and behavior abundance estimates for most species provide optimal efficiency in and life history, of the potentially represent the total estimate of transferring the energy created by the affected species. Additional information individuals within the geographic area, controlled charges to dismantle the regarding population trends and threats if known, that comprises that stock. For piers. Individual charge weights will may be found in NMFS’s Stock some species, this geographic area may vary from 7 to 11 kilograms (15 to 25 Assessment Reports (SAR; extend beyond U.S. waters. All managed pounds), and the total charge weight for www.nmfs.noaa.gov/pr/sars/) and more stocks in this region are assessed in the Pier E19 and E20 blast event will be general information about these species NMFS’s U.S. 2016 SARs (Carretta et al., approximately 1,800 kilograms (4,000 (e.g., physical and behavioral 2017). All values presented in Table 1 pounds). The total number of individual descriptions) may be found on NMFS’s are the most recent available at the time charges to be used per pier will be website (www.nmfs.noaa.gov/pr/ of publication and are available in the approximately 100. Charges will be species/mammals/). 2016 SARs (Carretta et al., 2017) arranged in different levels (decks) and Table 1 lists all species with expected (available online at: will be separated in the boreholes by potential for occurrence in San www.nmfs.noaa.gov/pr/sars/draft.htm). TABLE 1—MARINE MAMMAL SPECIES THAT MAY OCCUR IN THE ACTION AREA

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

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae: Gray whale ...... Eschrichtius robustus ...... Eastern North Pacific ...... -; N 20,990 (0.05, 20,125, 2011) .. 624 132 Family Balaenopteridae (rorquals): Fin Whale ...... Balaenoptera physalus ...... California/Oregon/Washington E; Y 9,029 (0.12, 8,127, 2014) ...... 81 2 Humpback Whale ...... Megaptera novaeangliae ...... California/Oregon/Washington E; Y 1,918 (.03, 1,876, 2014) ...... 11 6.5 Minke Whale ...... Balaenoptera acutorostrata .... California/Oregon/Washington -; N 636 (0.72, 369, 2014) ...... 3.5 1.3

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Physeteridae: Sperm whale ...... Physeter macrocephalus ...... California/Oregon/Washington E; Y 2,106 (0.58, 1,332, 2008) ...... 2.7 1.7 Family Delphinidae: Common Bottlenose Dol- Tursiops truncatus ...... California Coastal ...... -; N 453 (0.06, 346, 2011) ...... 2.7 2 phin. Short-Beaked Common Delphinus delphis ...... California/Oregon ...... -; N 969,861 (0.17, 839,325, 2014) 8,393 40 Dolphin. Family Phocoenidae (porpoises): Harbor Porpoise ...... Phocoena phocoena ...... San Francisco-Russian River -; N 9,886 (0.51, 6,625, 2011) ...... 66 0

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15799

TABLE 1—MARINE MAMMAL SPECIES THAT MAY OCCUR IN THE ACTION AREA—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

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): California Sea Lion ...... Zalophus californianus ...... United States ...... -; N 296,750 (N/A, 153,337, 2011) 9,200 389 Northern Fur Seal ...... Callorhinus ursinus ...... California, Eastern North Pa- -; N 14,050 (N/A, 7,524, 2013) ..... 451 1.8 cific. Steller sea lion ...... Eumetopias jubatus ...... Eastern ...... T; D 41,638 (N/A, 41,638, 2015) ... 2,498 108 Family Phocidae (earless seals): Harbor seal ...... Phoca vitulina ...... California ...... -; N 30,968 (N/A, 27,348, 2012) ... 1,641 43 Northern Elephant Seal .... Mirounga angustirostris ...... California Breeding ...... -; N 179,000 (N/A, 81,368, 2010) 542 3.2 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 [explain if this is the case]. 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 fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. Note: Italicized species are not expected to be taken or proposed for authorization.

All species that could potentially Harvey and Goley 2011). Mother-pup hauled out, but time of day and the occur in the proposed survey areas are pairs spend more time on shore; season have the greatest influence on included in Table 1. However, the therefore, the percentage of seals on haul out behavior (Stewart and Yochem temporal or spatial occurrence of the shore at haul out sites increases during 1994; Patterson and Acevedo-Gutie´rrez species italicized in Table 1 is such that the pupping season (Stewart and 2008). take is not expected to occur, and they Yochem 1994). Peak numbers of harbor Harbor seals in the Bay are an isolated are not discussed further beyond the seals hauling out in central California population, although about 40 percent explanation provided here. San occurs during late May to early June, may move a short distance out of the Francisco Bay would be considered which coincides with the peak of their Bay to forage (Manugian et al. 2017). extralimital and have not been sighted molt. Seals haul out more often and The Bay harbor seals likely are during marine mammal monitoring spend more time on shore to molt. accustomed to a noisy environment conducted by Caltrans under past IHAs. Yochem et al. (1987) found that harbor because of construction, vessel traffic, seals at San Miguel Island only hauled the Bay Area Rapid Transit (BART) Harbor Seal out 11 to 19 percent of the time in fall, Transbay Tube, and mechanical noise Harbor seals are found from Baja from late October through early (i.e., machinery, generators). California to the eastern Aleutian December. During 251 days of SFOBB monitoring Islands of Alaska. The species primarily Harbor seal tends to forage at night from 2000 through 2016, 958 harbor hauls out on remote mainland and and haul out during the day. Harbor seal seals were observed in the vicinity of island beaches and reefs, and estuary predominately hauls out from 10 a.m. to the SFOBB east span. Harbor seals made areas. Harbor seal tends to forage locally 7 p.m., with a peak in the afternoon up 90 percent of the marine mammals within 53 miles (85 kilometers) of haul between 1 and 4 p.m. (Yochem et al., observed during monitoring for the out sites (Harvey and Goley 2011). 1987; Stewart and Yochem 1994; Grigg SFOBB Project. In 2015 and 2016, the Harbor seal is the most common marine et al., 2002; London et al., 2012). Harbor number of harbor seals sighted in the mammal species observed in the Bay seals in the Bay typically haul out in project area increased (8 days of and also commonly is seen near the groups ranging from a few individuals monitoring and 95 sightings). Foraging SFOBB east span (Department 2013b, to several hundred seals. One known near the project area was common, 2013c). Tagging studies have shown that haul out site is on the southern side of particularly in the coves adjacent to the most seals tagged in the Bay remain in YBI, approximately 1,600 meters (5,250 YBI United States Coast Guard Station the Bay (Harvey and Goley 2011; feet) from Pier E6 and approximately and in Clipper Cove between YBI and Manugian 2013). Foraging often occurs 2,800 meters (9,190 feet) from Pier E18. Treasure Island. Foraging also occurred in the Bay, as noted by observations of The YBI haul out site had a daily range in a shallow trench area southeast of seals exhibiting foraging behavior (short of zero to 109 harbor seals hauled out YBI (Department 2013a, 2013b). These dives less than 5 minutes, moving back during September, October, and sites are more than 900 to 1,525 meters and forth in an area, and sometimes November, with the highest numbers (3,000 to 5,000 feet) west of Pier E6. In tearing up prey at the surface). hauled out during afternoon low tides 2015, juvenile harbor seals began The molt occurs from May through (Department 2004b). Pile driving for the foraging around Piers E2W and E2E of June. During both pupping and molt SFOBB was not audible to the monitors the new SFOBB east span, and in 2016, seasons, the number of seals and the just above the haul out site, and no they extended east around Piers E3 to length of time hauled out per day response to pile driving was observed. E5 of the new SFOBB east span. increases, with about 60.5 percent of the Tide level also can affect haul out Foraging can occur throughout the Bay, population hauled out during this time behavior, by exposing and submerging and prey abundance and distribution versus less than 20 percent in fall preferred haul out sites. Tides likely affect where harbor seals will forage. (Yochem et al., 1987; Huber et al., 2001; affect the maximum number of seals Most of the harbor seal sightings were

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15800 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

animals transiting the area, likely sites, where the species pups, breeds, Bodega Bay, with the range extending moving from haul out sites or from rests, and molts. The largest rookeries north over the last several decades foraging areas. are on San Nicolas and San Miguel related to El Nin˜ o events and increased islands in the northern Channel Islands. ocean temperatures. As the range of California Sea Lion Near the Bay, elephant seals breed, bottlenose dolphins extended north, California sea lion breeds on the molt, and haul out at An˜ o Nuevo Island, dolphins began entering the Bay in 2010 offshore islands of California from May the Farallon Islands, and Point Reyes (Szczepaniak 2013). Until 2016, most through July (Heath and Perrin 2008). National Seashore. bottlenose dolphins in the Bay were During the non-breeding season, adult Northern elephant seals haul out to observed in the western Bay, from the and sub-adult males and juveniles give birth and breed from December Golden Gate Bridge to Oyster Point and migrate northward along the coast, to through March. Pups remain onshore or Redwood City, although one individual central and northern California, Oregon, in adjacent shallow water through May. was observed frequently near the former Washington, and Vancouver Island Both sexes make two foraging Alameda Air Station (Perlman 2017). In (Jefferson et al., 1993). They return migrations each year: One after breeding 2017, two individuals have been south the following spring (Lowry and and the second after molting (Stewart observed regularly near Alameda Forney 2005; Heath and Perrin 2008). 1989; Stewart and DeLong 1995). Adult (Keener, pers. comm., 2017) and likely Females and some juveniles tend to females migrate to the central North passed by the project area. remain closer to rookeries (Antonelis et Pacific to forage, and males migrate to al., 1990; Melin et al., 2008). the Gulf of Alaska to forage (Robinson Harbor Porpoise California sea lions have been et al. 2012). Pup mortality is high when This species seldom is found in observed occupying docks near Pier 39 they make the first trip to sea in May, waters warmer than 62.6 degrees in San Francisco, about 3.2 miles (5.2 and this period correlates with the time Fahrenheit (17 degrees Celsius) (Read kilometers) from the project area, since of most strandings. Pups of the year 1990) or south of Point Conception, and 1987. The highest number of sea lions return in the late summer and fall, to occurs as far north as the Bering Sea recorded at Pier 39 was 1,701 haul out at breeding rookery and small (Barlow and Hanan 1995; Carretta et al., individuals in November 2009 (De haul out sites, but occasionally they 2009; Carretta et al., 2012; Allen and Rango, pers. comm., 2013). Occurrence may make brief stops in the Bay. Angliss 2013). The San Francisco– of sea lions here typically is lowest in Generally, only juvenile elephant Russian River stock is found from June (breeding season) and highest in seals enter the Bay and do not remain Pescadero, 18 miles (30 kilometers) August. Approximately 85 percent of long. The most recent sighting near the south of the Bay, to 99 miles (160 the animals that haul out at this site are project area was in 2012, on the beach kilometers) north of the Bay at Point males, and no pupping has been at Clipper Cove on Treasure Island, Arena (Carretta et al., 2012). In most observed here or at any other site in the when a healthy yearling elephant seal areas, harbor porpoise occurs in small Bay (Lander, pers. comm., 1999). Pier 39 hauled out for approximately 1 day. groups, consisting of just a few is the only regularly used haul out site Approximately 100 juvenile northern individuals. in the project vicinity, but sea lions elephant seals strand in or near the Bay Harbor porpoises are seen frequently occasionally haul out on human-made each year, including individual outside the Bay, and they began to re- structures, such as bridge piers, jetties, strandings at YBI and Treasure Island enter the Bay in 2008. Keener et al. or navigation buoys (Riedman 1990). (less than 10 strandings per year). (2012) reports sightings of harbor During monitoring for the SFOBB porpoises from just inside the Bay, Project, 80 California sea lions were Northern Fur Seal northeast to Tiburon and south to the observed from 2000 through 2016. The Northern fur seal breeds on the SFOBB west span. In 17 years of number of sea lions that were sighted in offshore islands of California and in the monitoring in the project area, 24 harbor the project area decreased in 2015 and Bering Sea from May through July. Two porpoises have been observed, and all 2016. Sea lions appear mainly to be stocks of Northern fur seals may occur occurred between 2006 and 2015; transiting through the project area rather near the Bay, the California and Eastern including two in 2014, five in 2015 and than feeding, although two exceptions Pacific stocks. The California stock 15 in 2017. In 2017, the number of have occurred. In 2004, several sea lions breeds, pups, and forages off the harbor porpoises in the project area were observed following a school of California coast. The Eastern Pacific increased significantly. However, the Pacific herring that moved through the stock breeds and pups on islands in the majority of harbor porpoise observations project area, and one sea lion was Bering Sea, but females and juveniles made during monitoring for the SFOBB observed eating a large fish in 2015. move south to California waters to Project have been at distances ranging Breeding and pupping occur from mid forage in the fall and winter months. from 2,438 to 3,048 meters (8,000 to to late May until late July. After the Both the California and Eastern 10,000 feet) from the work area. mating season, adult males migrate Pacific stocks forage in the offshore Gray Whale northward to feeding areas as far away waters of California, but only sick, as the Gulf of Alaska (Lowry et al., emaciated, or injured fur seals enter the The eastern North Pacific population 1992), and they remain away until Bay. The Marine Mammal Center of gray whales ranges from the southern spring (March–May), when they migrate (TMMC) occasionally picks up stranded tip of Baja California, Mexico to the back to the breeding colonies. Adult fur seals around YBI and Treasure Chukchi and Beaufort Seas (Jefferson et females remain near the rookeries Island. The rare occurrence of northern al., 1993). The gray whale makes a well- throughout the year and alternate fur seal near the SFOBB east span makes defined, seasonal north-south migration. between foraging and nursing their pups it unlikely that the species will be Most of the population summers in the on shore until the next pupping/ exposed to implosion activities. shallow waters of the northern Bering breeding season. Sea, the Chukchi Sea, and the western Bottlenose Dolphin Beaufort Sea (Rice and Wolman 1971). Northern Elephant Seal This species is found within 0.6 mile However, some individuals also Northern elephant seal is common on (1 kilometer) of shore and occurs from summer along the Pacific coast, from California coastal mainland and island northern Baja California, Mexico to Vancouver Island to central California

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15801

(Rice and Wolman 1971; Darling 1984; approximately 7 hertz (Hz) and 35 and how those impacts on individuals Nerini 1984). In October and November, kilohertz (kHz); are likely to impact marine mammal gray whales begin to migrate south and • Mid-frequency cetaceans (larger species or stocks. follow the shoreline to breeding grounds toothed whales, beaked whales, and General Information on Potential Effects along the western coast of Baja most delphinids): Generalized hearing is California and the southeastern Gulf of estimated to occur between Explosives are impulsive sounds, California (Braham 1984). Gray whales approximately 150 Hz and 160 kHz; which are characterized by short begin heading north in late winter and • High-frequency cetaceans duration, abrupt onset, and rapid decay. early spring (Rice and Wolman 1971). (porpoises, river dolphins, and members The proposed Caltrans SFOBB work The average gray whale migrates 4,660 of the genera Kogia and using controlled charges (i.e., implosion to 6,213 miles (7,500 to 10,000 Cephalorhynchus; including two events) could adversely affect marine kilometers), at a rate of 91 miles/day members of the genus Lagenorhynchus, mammal species and stocks by exposing (147 kilometers/day) (Jones and Swartz on the basis of recent echolocation data them to elevated noise levels in the 2002). Gray whales generally calve and and genetic data): Generalized hearing is vicinity of the activity area. Based on breed during the winter, in lagoons in estimated to occur between the nature of the other activities approximately 275 Hz and 160 kHz. Baja California (Jones and Swartz 2002), • associated with the dismantling of Piers although some calves are born along the Pinnipeds in water; Phocidae (true E6 through E18 of the original SFOBB California coast during the migration seals): Generalized hearing is estimated East Span (mechanical dismantling) and south. to occur between approximately 50 Hz measured sound levels from those to 86 kHz; activities during past monitoring Marine Mammal Hearing • Pinnipeds in water; Otariidae (eared associated with previous IHAs, NMFS seals): Generalized hearing is estimated Hearing is the most important sensory does not expect activities other than to occur between 60 Hz and 39 kHz. implosion events to contribute to modality for marine mammals The pinniped functional hearing underwater noise levels such that take underwater, and exposure to group was modified from Southall et al. of marine mammals would potentially anthropogenic sound can have (2007) on the basis of data indicating occur. deleterious effects. To appropriately that phocid species have consistently assess the potential effects of exposure demonstrated an extended frequency Exposure to high intensity sound for to sound, it is necessary to understand range of hearing compared to otariids, a sufficient duration may result in the frequency ranges marine mammals especially in the higher frequency range behavioral reactions and auditory effects are able to hear. Current data indicate (Hemila¨ et al., 2006; Kastelein et al., such as a noise-induced threshold that not all marine mammal species 2009; Reichmuth and Holt, 2013). shift—an increase in the auditory have equal hearing capabilities (e.g., For more detail concerning these threshold after exposure to noise Richardson et al., 1995; Wartzok and groups and associated frequency ranges, (Finneran et al., 2005). Factors that Ketten, 1999; Au and Hastings 2008). To please see NMFS (2016) for a review of influence the amount of threshold shift reflect this, Southall et al. (2007) available information. seven marine include the amplitude, duration, recommended that marine mammals be mammal species (three cetacean and frequency content, temporal pattern, divided into functional hearing groups four pinniped (three otariid and one and energy distribution of noise based on directly measured or estimated phocid) species) have the reasonable exposure. The magnitude of hearing hearing ranges on the basis of available potential to co-occur with the proposed threshold shift normally decreases over behavioral response data, audiograms survey activities. Please refer to Table 1. time following cessation of the noise derived using auditory evoked potential Of the cetacean species that may be exposure. The amount of threshold shift techniques, anatomical modeling, and present, one is classified as low- just after exposure is the initial other data. Note that no direct frequency cetaceans (gray whale), one is threshold shift. If the threshold shift measurements of hearing ability have classified as mid-frequency cetaceans eventually returns to zero (i.e., the been successfully completed for (bottlenose dolphin), and one is threshold returns to the pre-exposure mysticetes (i.e., low-frequency classified as high-frequency cetaceans value), it is a temporary threshold shift cetaceans). Subsequently, NMFS (2016) (harbor porpoise). (Southall et al., 2007). described generalized hearing ranges for When animals exhibit reduced these marine mammal hearing groups. Potential Effects of Specified Activities hearing sensitivity (i.e., sounds must be Generalized hearing ranges were chosen on Marine Mammals and Their Habitat louder for an animal to detect them) based on the approximately 65 dB This section includes a summary and following exposure to an intense sound threshold from the normalized discussion of the ways that components or sound for long duration, it is referred composite audiograms, with the of the specified activity may impact to as a noise-induced threshold shift exception for lower limits for low- marine mammals and their habitat. The (TS). An animal can experience frequency cetaceans where the lower ‘‘Estimated Take by Incidental temporary threshold shift (TTS) or bound was deemed to be biologically Harassment’’ section later in this permanent threshold shift (PTS). TTS implausible and the lower bound from document includes a quantitative can last from minutes or hours to days Southall et al. (2007) retained. The analysis of the number of individuals (i.e., there is complete recovery), can functional groups and the associated that are expected to be taken by this occur in specific frequency ranges (i.e., frequencies are indicated below (note activity. The ‘‘Negligible Impact an animal might only have a temporary that these frequency ranges correspond Analysis and Determination’’ section loss of hearing sensitivity between the to the range for the composite group, considers the content of this section, the frequencies of 1 and 10 kHz), and can with the entire range not necessarily ‘‘Estimated Take by Incidental be of varying amounts (for example, an reflecting the capabilities of every Harassment’’ section, and the ‘‘Proposed animal’s hearing sensitivity might be species within that group): Mitigation’’ section, to draw reduced initially by only 6 decibel (dB) • Low-frequency cetaceans conclusions regarding the likely impacts or reduced by 30 dB). PTS is a (mysticetes): Generalized hearing is of these activities on the reproductive permanent loss within a specific estimated to occur between success or survivorship of individuals frequency range.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15802 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

For cetaceans, published TTS data are their performance fitness in survival associated with the dismantling of the limited to the captive bottlenose and reproduction. original SFOBB spans), NMFS uses dolphin, beluga, harbor porpoise, and Masking occurs at the frequency band, received levels of 165 dB SEL to predict Yangtze finless porpoise (Finneran et which the animals utilize. However, the onset of behavioral harassment for al., 2000, 2002, 2003, 2005, 2007, 2010a, lower frequency man-made noises are mid-frequency cetaceans and phocid 2010b; Finneran and Schlundt, 2010; more likely to affect detection of pinnipeds (bottlenose dolphins and Lucke et al., 2009; Mooney et al., 2009a, communication calls and other harbor seals and northern elephant 2009b; Popov et al., 2011a, 2011b; potentially important natural sounds seals, respectively); 135 dB SEL for Kastelein et al., 2012a; Schlundt et al., such as surf and prey noise. It may also high-frequency cetaceans (harbor 2000; Nachtigall et al., 2003, 2004). For affect communication signals when they porpoises); and 183 dB SEL for otariid pinnipeds in water, data are limited to occur near the noise band and thus pinnipeds (California sea lions and measurements of TTS in harbor seals, an reduce the communication space of northern fur seals). elephant seal, and California sea lions animals (e.g., Clark et al., 2009) and The biological significance of many of (Kastak et al., 1999, 2005; Kastelein et cause increased stress levels (e.g., Foote these behavioral disturbances is difficult al., 2012b). et al., 2004; Holt et al., 2009). to predict, especially if the detected Marine mammal hearing plays a Unlike TS, masking, which can occur disturbances appear minor. However, critical role in communication with over large temporal and spatial scales, the consequences of behavioral conspecifics, and interpretation of can potentially affect the species at modification could be biologically environmental cues for purposes such population, community, or even significant if the change affects growth, as predator avoidance and prey capture. ecosystem levels, as well as individual survival, and/or reproduction, which Depending on the degree (elevation of levels. Masking affects both senders and depends on the severity, duration, and threshold in dB), duration (i.e., recovery receivers of the signals and could have context of the effects. time), and frequency range of TTS, and long-term chronic effects on marine Potential Effects From Controlled Pier the context in which it is experienced, mammal species and populations. Implosion TTS can have effects on marine Recent science suggests that low mammals ranging from discountable to frequency ambient sound levels have It is expected that an intense impulse serious (similar to those discussed in increased by as much as 20 dB (more from the proposed controlled blasting of auditory masking, below). For example, than 3 times in terms of sound pressure Piers E19 and E20 would have the a marine mammal may be able to readily level) in the world’s ocean from pre- potential to impact marine mammals in compensate for a brief, relatively small industrial periods, and most of these the vicinity of the activity. The majority amount of TTS in a non-critical increases are from distant shipping of impacts would be startle behavioral frequency range that occurs during a (Hildebrand 2009). For Caltrans’ responses and temporary behavioral time where ambient noise is lower and proposed SFOBB construction activities, modification of marine mammals. there are not as many competing sounds noises from controlled blasting is not However, a few individual animals present. Alternatively, a larger amount likely to contribute to the elevated could be exposed to sound levels that and longer duration of TTS sustained ambient noise levels in the project area would cause TTS. during time when communication is in such a way as to increasing potential The underwater explosion would critical for successful mother/calf for or severity of masking. Baseline send a shock wave and blast noise interactions could have more serious ambient noise levels in the Bay are very through the water, release gaseous by- impacts. Also, depending on the degree high due to ongoing shipping, products, create an oscillating bubble, and frequency range, the effects of PTS construction and other activities in the and cause a plume of water to shoot up on an animal could range in severity, Bay, and the sound associated with the from the water surface. The shock wave although it is considered generally more controlled blasting activities would be and blast noise are of most concern to serious because it is a permanent very brief. marine animals. The effects of an condition. Of note, reduced hearing Finally, exposure of marine mammals underwater explosion on a marine sensitivity as a simple function of aging to certain sounds could lead to mammal depends on many factors, has been observed in marine mammals, behavioral disturbance (Richardson et including the size, type, and depth of as well as humans and other taxa al., 1995), such as: Changing durations both the animal and the explosive (Southall et al., 2007), so one can infer of surfacing and dives, number of blows charge; the depth of the water column; that strategies exist for coping with this per surfacing, or moving direction and/ and the standoff distance between the condition to some degree, though likely or speed; reduced/increased vocal charge and the animal, as well as the not without cost. activities; changing/cessation of certain sound propagation properties of the In addition, chronic exposure to behavioral activities (such as socializing environment. Potential impacts can excessive, though not high-intensity, or feeding); visible startle response or range from brief effects (such as noise could cause masking at particular aggressive behavior (such as tail/fluke behavioral disturbance), tactile frequencies for marine mammals that slapping or jaw clapping); avoidance of perception, physical discomfort, slight utilize sound for vital biological areas where noise sources are located; injury of the internal organs and the functions (Clark et al., 2009). Acoustic and/or flight responses (e.g., pinnipeds auditory system, to death of the animal masking occurs when other noises, such flushing into water from haul outs or (Yelverton et al., 1973; DoN, 2001). as those from human sources, interfere rookeries). Non-lethal injury includes slight injury with animal detection of acoustic The onset of behavioral disturbance to internal organs and the auditory signals such as communication calls, from anthropogenic noise depends on system; however, delayed lethality can echolocation sounds, and both external factors (characteristics of be a result of individual or cumulative environmental sounds important to noise sources and their paths) and the sublethal injuries (DoN, 2001). marine mammals. Therefore, under receiving animals (hearing, motivation, Immediate lethal injury would be a certain circumstances, marine mammals experience, demography) and is also result of massive combined trauma to whose acoustical sensors or difficult to predict (Southall et al., internal organs as a direct result of environment are being severely masked 2007). For impulse noises (such as the proximity to the point of detonation could also be impaired from maximizing proposed controlled implosions (DoN 2001). Generally, the higher the

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15803

level of impulse and pressure level the structure. Therefore, most energy The addition of underwater sound exposure, the more severe the impact to from the explosive shock wave would from SFOBB Project activities to an individual. be absorbed through the destruction of background noise levels can constitute a Injuries resulting from a shock wave the structure itself, and would not potential cumulative impact on marine take place at boundaries between tissues propagate through the open water. mammals. However, these potential of different density. Different velocities Measurements and modeling from cumulative noise impacts will be short are imparted to tissues of different confined underwater detonation for in duration and would not occur in densities, and this can lead to their structure removal showed that energy biologically important areas, would not physical disruption. Blast effects are from shock waves and noise impulses significantly affect biologically greatest at the gas-liquid interface were greatly reduced in the water important activities, and are not (Landsberg 2000). Gas-containing column compared to expected levels expected to have significant organs, particularly the lungs and from open water detonations (Hempen environmental effects, as noted in the gastrointestinal (GI) tract, are especially et al., 2007; Department 2016). original FHWA 2001 FEIS for the susceptible (Goertner 1982; Hill 1978; Therefore, with monitoring and SFOBB project, incorporated by Yelverton et al., 1973). In addition, gas- mitigation measures discussed below, reference into NMFS’ 2003 EA and containing organs including the nasal Caltrans’ controlled implosions of Piers subsequent Supplemental EAs (2009 sacs, larynx, pharynx, trachea, and E19 and E20 are not likely to have and 2015) for the issuance of IHAs for lungs may be damaged by compression/ injury or mortality effects on marine the SFOBB project. expansion caused by the oscillations of mammals in the project vicinity. the blast gas bubble. Intestinal walls can Instead, NMFS considers that Caltrans’ Marine mammal forage on fish within bruise or rupture, with subsequent proposed controlled implosions in the SFB and pier implosions have the hemorrhage and escape of gut contents San Francisco Bay are most likely to potential to injure or kill fish in the into the body cavity. Less severe GI tract cause behavioral harassment and may immediate area. During previous pier injuries include contusions, petechiae cause TTS in a few individual of marine implosion and pile driving activities, (small red or purple spots caused by mammals, as discussed below. Caltrans reported mortality to prey bleeding in the skin), and slight Changes in marine mammal behavior species of marine mammals, including hemorrhaging (Yelverton et al., 1973). are expected to result from acute stress, northern anchovies and Pacific herring Because the ears are the most or startle, responses. This expectation is (Department 2016), averaging sensitive to pressure, they are the organs based on the idea that some sort of approximately 200 fish per implosion most sensitive to injury (Ketten 2000). physiological trigger must exist to event (none of which were ESA-listed Sound-related damage associated with change any behavior that is already species and none of which are managed blast noise can be theoretically distinct being performed, and this may occur under a Fishery Management Plan). from injury from the shock wave, due to being startled by the implosion These few isolated fish mortality events particularly farther from the explosion. events. The exception to this are not anticipated to have a substantial If an animal is able to hear a noise, at expectation is the case of behavioral effect on prey species populations or some level it can damage its hearing by changes due to auditory masking their availability as a food resource for causing decreased sensitivity (Ketten (increasing call rates or volumes to marine mammals. 1995). Sound-related trauma can be counteract increased ambient noise). Studies on explosives also suggest lethal or sublethal. Lethal impacts are Masking is not likely since the Caltrans’ that larger fish are generally less those that result in immediate death or controlled implosion would only susceptible to death or injury than small serious debilitation in or near an intense consist of five to six short, sequential fish, and results of most studies are source and are not, technically, pure detonations that last for approximately dependent upon specific biological, acoustic trauma (Ketten 1995). Sublethal 3–4 seconds each. environmental, explosive, and data impacts include hearing loss, which is The removal of the SFOBB East Span recording factors. For example, caused by exposures to perceptible is not likely to negatively affect the elongated forms that are round in cross sounds. Severe damage (from the shock habitat of marine mammal populations section are less at risk than deep-bodied wave) to the ears includes tympanic because no permanent loss of habitat forms; orientation of fish relative to the membrane rupture, fracture of the will occur, and only a minor, temporary shock wave may also affect the extent of ossicles, damage to the cochlea, modification of habitat will occur due to injury; and finally, open water pelagic hemorrhage, and cerebrospinal fluid the addition of sound and activity fish, such as those expected to be in the leakage into the middle ear. Moderate associated with the dismantling project area, seem to be less affected injury implies partial hearing loss due activities. than reef fishes. to tympanic membrane rupture and Project activities will not affect any blood in the middle ear. Permanent pinniped haul out sites or pupping sites. The huge variation in fish hearing loss also can occur when the The YBI harbor seal haul out site is on populations, including numbers, hair cells are damaged by one very loud the opposite site of the island from the species, sizes, and orientation and range event, as well as by prolonged exposure SFOBB Project area. Because of the from the detonation point, makes it very to a loud noise or chronic exposure to distance and the island blocking the difficult to accurately predict mortalities noise. The level of impact from blasts sound, underwater noise and pressure at any specific site of detonation. Most depends on both an animal’s location levels from the SFOBB Project will not fish species experience a large number and, at outer zones, on its sensitivity to reach the haul out site. Other haul out of natural mortalities, especially during the residual noise (Ketten 1995). sites for sea lions and harbor seals are early life-stages, and any small level of The above discussion concerning at a sufficient distance from the SFOBB mortality caused by the Caltrans’ underwater explosions only pertains to Project area that they will not be controlled implosion events will likely open water detonations in a free field. affected. The closest recognized harbor be insignificant to the population as a Caltrans’ demolition of Piers E19 and seal pupping site is at Castro Rocks, whole. This negligible effect on E20 using controlled implosion uses a approximately 8.7 miles (14 kilometers) population levels of forage fish should confined detonation method, meaning from the SFOBB Project area. No sea ensure continued prey availability for that the charges would be placed within lion rookeries are found in the Bay. marine mammal species in the area.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15804 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Estimated Take occurrence of marine mammals within mPa (rms) for non-explosive impulsive This section provides an estimate of these ensonified areas; and, (4) and the (e.g., seismic airguns) or intermittent the number of incidental takes proposed number of days of activities. Below, we (e.g., scientific sonar) sources. for authorization through this IHA, describe these components in more Caltrans’s proposed activity includes which will inform both NMFS’ detail and present the proposed take the use of continuous (vibratory pile consideration of ‘‘small numbers’’ and estimate. driving) and impulsive (impact pile the negligible impact determination. Acoustic Thresholds driving) sources, and therefore the 120 Harassment is the only type of take and 160 dB re 1 mPa (rms) thresholds are expected to result from these activities. Using the best available science, applicable. NMFS has developed acoustic Except with respect to certain activities Level A harassment for non-explosive thresholds that identify the received not pertinent here, section 3(18) of the sources—NMFS’ Technical Guidance level of underwater sound above which MMPA defines ‘‘harassment’’ as any act for Assessing the Effects of exposed marine mammals would be of pursuit, torment, or annoyance which Anthropogenic Sound on Marine reasonably expected to be behaviorally (i) has the potential to injure a marine Mammal Hearing (Technical Guidance, harassed (equated to Level B mammal or marine mammal stock in the 2016) identifies dual criteria to assess harassment) or to incur PTS of some wild (Level A harassment); or (ii) has auditory injury (Level A harassment) to degree (equated to Level A harassment). the potential to disturb a marine five different marine mammal groups Thresholds have also been developed to mammal or marine mammal stock in the (based on hearing sensitivity) as a result identify the pressure levels above which wild by causing disruption of behavioral of exposure to noise from two different animals may incur different types of patterns, including, but not limited to, types of sources (impulsive or non- tissue damage from exposure to pressure migration, breathing, nursing, breeding, impulsive). Caltrans’ proposed activity waves from explosive detonation. feeding, or sheltering (Level B includes the use of impulsive (impact Level B Harassment for non-explosive harassment). driving) AND non-impulsive (vibratory sources—Though significantly driven by Authorized takes would be by Level B driving) sources. harassment only, in the form of received level, the onset of behavioral These thresholds are provided in the disruption of behavioral patterns and disturbance from anthropogenic noise table below. The references, analysis, TTS, for individual marine mammals exposure is also informed to varying and methodology used in the resulting from exposure to pile driving degrees by other factors related to the development of the thresholds are and controlled blasting. Based on the source (e.g., frequency, predictability, described in NMFS 2016 Technical nature of the activity and the duty cycle), the environment (e.g., Guidance, which may be accessed at: anticipated effectiveness of the bathymetry), and the receiving animals http://www.nmfs.noaa.gov/pr/acoustics/ mitigation measures such as the use of (hearing, motivation, experience, guidelines.htm. a blast attenuation system and demography, behavioral context) and shutdown zones, Level A harassment is can be difficult to predict (Southall et Explosive sources—Based on the best neither anticipated nor proposed to be al., 2007, Ellison et al., 2011). Based on available science, NMFS uses the authorized. what the available science indicates and acoustic and pressure thresholds As described previously, no mortality the practical need to use a threshold indicated in Table 2 to predict the onset is anticipated or proposed to be based on a factor that is both predictable of behavioral harassment, PTS, tissue authorized for this activity. Below we and measurable for most activities, damage, and mortality. describe how the take is estimated. NMFS uses a generalized acoustic Based on the best available scientific Described in the most basic way, we threshold based on received level to data, NMFS’ 2016 Technical Guidance estimate take by considering: (1) estimate the onset of behavioral for Assessing the Effects of Acoustic thresholds above which NMFS harassment. NMFS predicts that marine Anthropogenic Sound on Marine believes the best available science mammals are likely to be behaviorally Mammal Hearing includes acoustic indicates marine mammals will be harassed in a manner we consider Level thresholds related to PTS and TTS for behaviorally harassed or incur some B harassment when exposed to impulsive sounds that are expressed as degree of permanent hearing underwater anthropogenic noise above weighted, cumulative sound exposure impairment; (2) the area or volume of received levels of 120 dB re 1 mPa (rms) levels (SELcum) and unweighted peak water that will be ensonified above for continuous (e.g. vibratory pile- sound pressure levels (SPLPK), as these levels in a day; (3) the density or driving, drilling) and above 160 dB re 1 presented in Table 3. TABLE 2—NMFS TAKE THRESHOLDS FOR MARINE MAMMALS FROM UNDERWATER IMPLOSIONS

Level B harassment Level A harassment Serious injury Group Species Gastro- Mortality Behavioral TTS PTS intestinal Lung tract

Mid-freq cetacean .... Bottlenose dolphin 165 dB SEL 170 dB SEL or 224 185 dB SEL or 230 237 dB SPL 39.1M 1/3 (1 + [D/ 91.4M 1/3 (1 + [D/ 1/2 1/2 ...... dB SPLpk. dB SPLpk. 10.081]) Pa- 10.081]) Pa- High-freq cetacean ... Harbor porpoise ..... 135 dB SEL 140 dB SEL or 196 155 dB SEL or 202 sec. sec dB SPLpk. dB SPLpk. where: M = mass of where: M = mass of Phocidae ...... Harbor seal & 165 dB SEL 170 dB SEL or 212 185 dB SEL or 218 the animals in kg. the animals in kg northern elephant dB SPLpk. dB SPLpk. D = depth of animal D = depth of animal seal. in m. in m. Otariidae ...... California sea lion & 183 dB SEL 188 dB SEL or 226 203 dB SEL or 232 northern fur seal. dBpk. dB SPLpk.

* Note: All dB values are referenced to 1 μPa. SPLpk = Peak sound pressure level; psi = pounds per square inch.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15805

Table 3. Thresholds identifying the onset of Permanent Threshold Shift

..·· .....•...... · .. PTS Onset Acoustic. 'fltresholds"' ····· ... ·. . (Received Level) . .· ..... ·.. ••••• He~rin,g G~:oup • .•.· ·· .. ·. ltnpplsiv¢ . . .. •..•.. ·>··· .. N'on~it.np:ulsive ··. •.·. Cell! Cel/2 Low-Frequency (LF) Lpk,flat: 219 dB LE,LF,24h: 199 dB Cetaceans LE,LF,24h: 183 dB Cel/3 Cel/4 Mid-Frequency (MF) Lpk,flat: 230 dB LE,MF,24h: 198 dB Cetaceans LE,MF,24h: 185 dB Cel/5 Cel/6 High-Frequency (HF) Lpk,flat: 202 dB LE,HF,24h: 173 dB Cetaceans LE,HF,24h: 155 dB Celll Cel/8 Phocid Pinnipeds (PW) Lpk,flat: 218 dB LE,PW,24h: 201 dB (Underwater) LE,PW,24h: 185 dB Cel/9 Cel/10 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-impulsive 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 f!Pa, and cumulative sound exposure level (LE) has a reference value of lf!Pa2s. 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.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4725 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES EN12AP18.003 15806 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Ensonified Area injury from impulse pressures. The project area of 6 meters (20 feet) was criterion is an impulse metric, used in the threshold calculation. Here, we describe operational and expressed in pascal-second or psi-msec Caltrans proposes to use environmental parameters of the activity (Table 5). The estimated mass of a hydroacoustic monitoring results from that will feed into identifying the area juvenile fur seal (15 kilograms (33 the implosions of Piers E3 through E18 ensonified above the acoustic pounds)), was used in the lung injury to estimate distances to marine mammal thresholds. and mortality calculations, because this thresholds for the implosion of Piers For pile removal activities, will be the smallest animal potentially E19 and E20 (Department 2015a, 2016). hydroacoustic monitoring was to be exposed to the implosions. The Measured distances from the implosion performed during the implosions of depth at which the animal is exposed of Piers E17 to E18 (two-pier implosion Piers E3 through E18. Results for this also affects the criterion threshold event) were used to estimate distances monitoring were used to determine calculation. The water depth around to threshold criteria for the implosion of distances to marine mammal threshold Piers E19 and E20. The measured Piers E19 and E20 is very shallow, at 3 criteria for underwater blasting. The distances to threshold criteria from the to 4 meters (10 to 12 feet). Although criterion for lung injury and mortality to previous Pier E17 and E18 implosion marine mammals is dependent on the implosions will take place in shallow event are shown in Tables 5 and 6. mass of the animal and the depth of the areas, marine mammals are more likely Depictions of the isopleths for all animal in the water column; animals to be present in slightly deeper waters. functional hearing groups is found in smaller in mass are more susceptible to Therefore, an average depth for the Figures 9–13 in the application.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES EN12AP18.004 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15807

TABLE 5—MEASURED DISTANCES TO UNDERWATER BLASTING THRESHOLD CRITERIA FOR LEVEL B BEHAVIORAL AND TTS AND LEVEL A PTS FROM THE PREVIOUS IMPLOSION OF PIERS E17 AND E18 IN A SINGLE EVENT AND ESTIMATED DISTANCES TO THESE THRESHOLD CRITERIA FOR THE PROPOSED IMPLOSION OF PIERS E19 AND E20 IN A SINGLE EVENT

Behavioral TTS 1 PTS 1 Species hearing group 165 dB 170 dB 185 dB Threshold SELcum 224 dB Peak SELcum 230 dB Peak SELcum

Mid-Frequency Cetaceans Piers E17–E18 Measured 511 feet ...... 40.84 meters 109.42 meters 27.13 meters 37.8 meters. (Dolphins). Piers E19–E20 Estimate .. 200 meters ..... 50 meters ..... 120 meters .... 30 meters ..... 40 meters.

Threshold 135 dB 196 dB Peak 140 dB 202 dB Peak 155 dB SELcum SELcum SELcum

High-Frequency Cetaceans Piers E17–E18 Measured 1142.1 meters 279.2 meters 802.54 meters 185.01 me- 278.28 meters. (Porpoises). ters. Piers E19–E20 Estimate .. 1,220 meters .. 290 meters ... 830 meters .... 200 meters ... 290 meters.

Threshold 165 dB 212 dB Peak 170 dB 218 dB Peak 185 dB SELcum SELcum SELcum

Phocid Pinnipeds (Seals) .... Piers E17–E18 Measured 278.59 meters 92.96 meters 195.38 meters 61.57 meters 67.36 meters. Piers E19–E20 Estimate .. 290 meters ..... 100 meters ... 200 meters .... 70 meters ..... 70 meters.

Threshold 183 dB 226 dB Peak 188 dB 232 dB Peak 203 dB SELcum SELcum SELcum.

Otariid Pinnipeds (Sea Piers E17–E18 Measured 75.9 meters .... 35.66 meters 53.04 meters 23.47 meters 18.29 meters. Lions). Piers E19–E20 Estimate .. 80 meters ...... 40 meters ..... 60 meters ...... 30 meters .... 20 meters. Notes: 1 For the TTS and PTS criteria thresholds with dual criteria, the largest criteria distances (i.e., more conservative) are shown in bold. Threshold Source: NMFS 2016. Isopleth Distance Sources: Estimated distances to threshold criteria for the implosion of two small piers were determined based on measured distance to threshold criteria from the implosion of Piers E17 and E18.

TABLE 6—ESTIMATED DISTANCES TO UNDERWATER BLASTING THRESHOLD CRITERIA FOR LEVEL A GI TRACT AND LUNG INJURY AND MORTALITY FOR IMPLOSION OF PIER E3, TWO SMALL PIERS AND FOUR SMALL PIERS

GI tract Lung 1 Mortality 1

Species 39.1 (15 kg)1/3 (1 + 91.4 (15 kg)1/3 (1 + Threshold 237 dB Peak 104 psi [6/10.081]) 1/2 = 122 [6/10.081]) 1/2 = 285 Pa-sec Pa-sec

All Species ...... Piers E17–E18 Meas- 55 feet ...... 55 feet ...... <40 feet ...... <40 feet. ured. Pier Implosion Esti- 27 meters (89 feet) ...... 27 meters (89 feet) ...... <12 meters (<40 feet) <12 meters (<40 mate. feet). Notes: Lung injury and mortality threshold calculations are for a 15-kilogram (33-pound) juvenile fur seal, the smallest marine mammal with the potential to be present in the project area. Threshold Source: Finneran and Jenkins 2012. Isopleth Distance Sources: Estimated distances to threshold criteria for the implosion of piers were determined based on measured distance to threshold criteria from the implosions of Pier E4, Piers E17 to E18, Piers E11 to E13 and Piers E14 to E16.

For pile driving, the distance to the similar activities under similar measured throughout Northern marine mammal threshold criteria for conditions. Measured sound pressure California. Distances to marine mammal vibratory and impact driving were levels from other projects came from threshold criteria were calculated for all calculated based on hydroacoustic Caltrans’ Compendium of Pile Driving pile types and installation methods measurements collected during previous Sound Data (Department 2007), which listed above. These distances were pile-driving activities for the SFOBB provides information on sound calculated using the NMFS-provided Project and other projects, involving pressures resulting from pile driving companion User Spreadsheet.

TABLE 7—NMFS USER SPREADSHEET INPUT VALUES FOR PILE DRIVING

Vibratory driving of steel piles H-Pile (vibratory) 24 inch steel (vibratory) 36 inch steel (vibratory)

Spreadsheet Tab Used ...... (A) Non-Impulsive, Cont .... (A) Non-Impulsive, Cont .... (A) Non-Impulsive, Cont. Source Level (RMS SPL) ...... 150 ...... 165 ...... 170.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15808 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

TABLE 7—NMFS USER SPREADSHEET INPUT VALUES FOR PILE DRIVING—Continued

Vibratory driving of steel piles H-Pile (vibratory) 24 inch steel (vibratory) 36 inch steel (vibratory)

Weighting Factor Adjustment (kHz) ...... 2.5 ...... 2.5 ...... 2.5. a) Activity Duration (h) within 24-h period ...... 0.5 ...... 1 ...... 1.333333. Propagation (xLogR) ...... 15 ...... 15 ...... 15. Distance of source level (meters) * ...... 10 ...... 10 ...... 10. Other factors.

Impact driving of steel piles H-Pile (impact) 24 inch steel (impact) 36 inch steel (impact)

Spreadsheet Tab Used ...... (E.1) Impact pile driving .... (E.1) Impact pile driving .... (E.1) Impact pile driving. Source Level (Single Strike/shot SEL) ...... 160 ...... 167 * ...... 170. * Weighting Factor Adjustment (kHz) ...... 2 ...... 2 ...... 2. a) Number of strikes in 1 h ...... 200 ...... 450 ...... 600. a) Activity Duration (h) within 24-h period ...... 6 ...... 4 ...... 4. Propagation (xLogR) ...... 15 ...... 15 ...... 15. Distance of source level (meters) * ...... 10 ...... 10 ...... 10. Other factors ...... Using Bubble Curtain * ...... Using Bubble Curtain.*

Pile proofing (impact) H-Pile (impact) 24 inch steel (impact) 36 inch steel (impact)

Spreadsheet Tab Used ...... (E.1) Impact pile driving .... (E.1) Impact pile driving .... (E.1) Impact pile driving. Source Level (Single Strike/shot SEL) ...... 160 ...... 177 ...... 180. Weighting Factor Adjustment (kHz) ...... 2 ...... 2 ...... 2. a) Number of strikes in 1 h ...... 20 ...... 20 ...... 20. a) Activity Duration (h) within 24-h period ...... 2 ...... 2 ...... 2. Propagation (xLogR) ...... 15 ...... 15 ...... 15. Distance of source level (meters) * ...... 10 ...... 10 ...... 10. Other factors. Impact driving of concrete piles 24 inch concrete (impact) 36 inch concrete (impact)

Spreadsheet Tab Used ...... (E.1) Impact pile driving ...... (E.1) Impact pile driving. Source Level (Single Strike/shot SEL) ...... 160 ...... 160.* Weighting Factor Adjustment (kHz) ...... 2 ...... 2. a) Number of strikes in 1 h ...... 1200 ...... 1400. a) Activity Duration (h) within 24-h period ...... 5 ...... 5. Propagation (xLogR) ...... 15 ...... 15. Distance of source level (meters) * ...... 10 ...... 10. Other factors ...... Using Bubble Curtain.* * Attenuated value—Bubble curtain is assumed to provide 10dB of attenuation.

For calculation of SELcum threshold • A maximum of four steel pipe piles the same day; administering a maximum distances, the following assumptions will be installed (impact driving or of 20 strikes per pile. were made: vibratory) on the same day; The distances to the marine mammal • Only one type/size of pile will be • A maximum of six H-piles will be threshold criteria for these pile driving installed on the same day; installed (impact or vibratory) on the • Only one pile installation method, same day; and and pile removal activities are shown in impact or vibratory, will be performed • A maximum of two pile will be Table 8. on the same day; proof-tested with an impact hammer on TABLE 8—DISTANCES TO LEVELS A AND B HARASSMENT THRESHOLD CRITERIA FOR IMPACT AND VIBRATORY PILE DRIVING AND PILE REMOVAL

Parameters Level B ZOI radii (meters) Level A ZOI radii (meters) Low- Mid- High- Pile size and type Drive method Piles per Attenuation sys- 160 dB 120 dB RMS frequency frequency frequency Phocid Otariid day tem RMS cetaceans cetaceans cetaceans pinnipeds pinnipeds

H-Pile ...... Vibratory ...... 6 None ...... NA 1,000 ...... 1 1 2 1 1 24 inch steel ...... Vibratory ...... 4 None ...... NA Calculated ...... 13 1 19 8 1 Practical 2,000 ... 36 inch steel ...... Vibratory ...... 4 None ...... NA Calculated ...... 33 3 49 20 1 Practical 2,000 ... H-Pile ...... Impact ...... 6 None ...... 100 NA ...... 33 1 39 18 1 24 inch steel ...... Impact ...... 4 Bubble Curtain ... 215 NA ...... 127 5 151 68 5 36 inch steel ...... Impact ...... 4 Bubble Curtain ... 541 NA ...... 243 9 290 130 9 24 inch concrete Impact ...... 5 None ...... 46 NA ...... 97 3 115 52 4 36 inch concrete Impact ...... 5 Bubble Curtain ... 117 NA ...... 107 4 127 57 4 H-Pile ...... Proof Testing ..... 2 None ...... 100 NA ...... 3 0 4 2 0 24 inch steel ...... Proof Testing ..... 2 None ...... 1,000 NA ...... 46 2 55 25 2

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15809

TABLE 8—DISTANCES TO LEVELS A AND B HARASSMENT THRESHOLD CRITERIA FOR IMPACT AND VIBRATORY PILE DRIVING AND PILE REMOVAL—Continued

36 inch steel ...... Proof Testing ..... 2 None ...... 2,512 NA ...... 74 3 88 39 3 Sources: Sound levels from the Department’s Compendium of Pile Driving Sound Data (Department 2007). Distances were calculated using the NMFS-provided companion User Spreadsheet, available at http://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm.

The distance to the 120 dB rms Level sophisticated 3D modeling methods are blasting, and off-shore implosion B Zone of Influence (ZOI) threshold for not available, and NMFS continues to activities. vibratory pile driving was calculated to develop ways to quantitatively refine Insufficient sighting data exist to be 10,000 meters for 24-inch (0.61- these tools, and will qualitatively estimate the density of bottlenose meter) diameter steel pipe piles and address the output where appropriate. dolphins. However, a single bottlenose 21,544 meters for 36-inch (0.91-meter) For stationary sources pile driving, dolphin has been observed regularly, diameter steel pipe piles. Previous NMFS User Spreadsheet predicts the south of the SFOBB east span since fall monitoring for the SFOBB Project has closest distance at which, if a marine 2016. During monitoring performed in shown background sound levels in the mammal remained at that distance the 2017 for the SFOBB, two bottlenose active portions of the Bay, near the whole duration of the activity, it would dolphins were observed south of the project area, to range from 110 to 140 dB not incur PTS. Inputs used in the User SFOBB. rms, with typical background levels in Spreadsheet, and the resulting isopleths Insufficient sighting data exist to the range of 110 to 120 dB rms are reported below in Table 8. estimate elephant seal densities in the Bay. Generally, only juvenile elephant (Department 2015). During previous Marine Mammal Occurrence hydroacoustic monitoring for the seals enter the Bay and do not remain SFOBB Project, it has not been possible In this section we provide the long. The most recent sighting near the to detect or distinguish sound from information about the presence, density, project area was in 2012, on the beach vibratory pile driving beyond 1,000 to or group dynamics of marine mammals at Clipper Cove on Treasure Island, 2,000 meters (3,280 to 6,562 feet) from that will inform the take calculations. when a healthy yearling elephant seal the source (Rodkin 2009). Under all No systematic line transect surveys of hauled out for approximately 1 day. previous IHAs for the SFOBB Project, marine mammals have been performed Approximately 100 juvenile northern in the Bay. Therefore, the in-water which included vibratory pile driving, elephant seals strand in or near the Bay densities of harbor seals, California sea the ZOI for this activity has been set at each year, including individual lions, and harbor porpoises were 2,000 meters (6,562 feet) or less (NOAA strandings at YBI and Treasure Island calculated based on 17 years of 2016). Furthermore, it unlikely that (less than 10 strandings per year). observations during monitoring for the Insufficient sighting data exist to marine mammals in the Bay will detect SFOBB construction and demolition. estimate northern fur seal densities in or show response to this sound at Care was taken to eliminate multiple the Bay. Only two to four northern fur distances greater than 2,000 meters observations of the same animal, seals strand in the Bay each year, and (6,562 feet), because of the background although this can be difficult and is they are unlikely to occur in the project sound levels in the Central Bay. likely that the same individual may area. Therefore, the practical, applied ZOI for have been counted multiple times on The size of the areas monitored for the vibratory driving of 24-inch (0.61- the same day. The amount of monitoring marine mammals has increased over the meter) and 36-inch (0.91-meter) performed per year varied, depending 17 years of observations. The majority of diameter steel pipe piles has been set at on the frequency and duration of pinniped monitoring has been focused 2,000 meters (6,562 feet), as shown in construction activities with the within a 610-meter (2,000-foot) radius of Table 7. potential to affect marine mammals. the work area. Although some pinniped When NMFS Technical Guidance During the 257 days of monitoring from observations have been recorded at (2016) was published, in recognition of 2000 through 2017 (including 15 days of greater distances, in part because of the fact that ensonified area/volume baseline monitoring in 2003), 1,029 recent monitoring of larger areas for could be more technically challenging harbor seals, 83 California sea lions, and harbor porpoise zones during pier to predict because of the duration 24 harbor porpoises were observed in implosion, a 2-square-kilometer area, component in the new thresholds, we waters in the project vicinity in total. In corresponding with a 610-meter (2,000- developed a User Spreadsheet that 2015, 2016, and 2017, the number of foot) radial distance, was used for includes tools to help predict a simple harbor seals in the project area density calculations. Harbor porpoise isopleth that can be used in conjunction increased significantly. In 2017, the sightings in the Bay have increased in with marine mammal density or number of harbor porpoise in the project recent years; however, the majority of occurrence to help predict takes. We area also increased significantly. harbor porpoise observations made note that because of some of the Therefore, a harbor seal density estimate during monitoring for the SFOBB assumptions included in the methods was calculated for 2015–2017, and a Project have been at distances ranging used for these tools, we anticipate that harbor porpoise density estimate was from 2,438 to 3,048 meters (8,000 to isopleths produced are typically going calculated for 2017, which may better 10,000 feet) from the work area. to be overestimates of some degree, reflect the current use of the project area Therefore, harbor porpoise densities which will result in some degree of by these animals. These observations were calculated based on a 15-square- overestimate of Level A take. However, included data from baseline, pre-, kilometer area, corresponding with a these tools offer the best way to predict during, and post-pile driving, 2,438-meter (8,000-foot) radial distance, appropriate isopleths when more mechanical dismantling, on-shore with land areas subtracted from the

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15810 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

area. Numbers used for density cases where densities were refined to conservative, bold densities were used calculations are shown in Table 9. In the capture a narrower range of years to be for take calculations.

TABLE 9—ESTIMATED IN-WATER DENSITY OF MARINE MAMMAL SPECIES IN SFOBB AREA

Area of monitoring Number of Density Species observed zone Days of animals animals/square (square monitoring observed kilometer kilometer)

Harbor seals, 2000–2017 ...... 2 257 1029 2.002. Harbor Seals, 2015–2017 ...... 2 47 372 3.957. California Sea Lions, 2000–2017 ...... 2 257 83 0.161. Bottlenose Dolphins 2017 ...... 2 6 2 Insufficient sighting data exists to estimate density. Harbor Porpoise, 2000–2017 ...... 3 257 24 0.031. Harbor Porpoise, 2017 ...... 15 6 15 0.167. Elephant Seal, 2000–2017 ...... 2 257 0 Insufficient sighting data exists to estimate density. Northern Fur Seal, 2000–2017 ...... 2 257 0 Insufficient sighting data exists to estimate density. Gray Whale, 2000–2017 ...... 2 257 0 Insufficient sighting data exists to estimate density. Notes: Densities for Pacific harbor seals, California sea lions, and harbor porpoises are based on monitoring for the east span of the SFOBB from 2000 to 2017. A second set of Pacific harbor seal densities were calculated from the increase in sightings recorded from 2015 to 2017. A second set of harbor porpoise densities were calculated for the increase in sightings that were recorded in 2017. Bold densities were used for take calculations. Sources: Department 2001, 2004b, 2013b, 2013c, 2014, 2015b, 2016, 2017; Perlman 2017.

For species without enough sightings by implosion of Piers E19 and E20 were criteria were calculated based on the to construct a density estimate, Caltrans calculated based on distances to the highest sound pressure levels generated uses information based on group size marine mammal threshold criteria, during the previous pier implosion of and frequency of sightings from duration of the activity, and the Piers E17 and E18 (two-pier implosion previous years of work to inform the estimated density of these species in the event) . Gray whales were not number of animals estimated to be ZOI. considered for pier implosion activities taken, which is detailed in the Take The numbers of elephant seals, as those activities will occur in late fall Estimation section below. northern fur seals and bottlenose and early winter, when gray whales are Take Calculation and Estimation dolphin that may be taken by implosion not found in the Bay area. Here we describe how the information of Piers E19 and E20 were determined The number of exposures of each provided above is brought together to based on distances to the marine species was calculated over the entire produce a quantitative take estimate. mammal threshold criteria, duration of area of each Level A, Level B, and the activity, and sightings and mortality threshold criteria zone for the Take From Pier Implosion occurrence of these species in the Bay, proposed pier implosion event (Tables The numbers of harbor seals, sea lions specifically near the project area. 10 through 12). and harbor porpoise that may be taken Distances to marine mammal threshold

TABLE 10—LEVEL A PTS TAKE CALCULATIONS FOR IMPLOSION OF PIERS E19 AND E20

Species Species density density Level A ZOI Level A PTS Number of Species (animals/ (animals/ radii ZOI area Level A PTS implosion Level B take square square (meters) (square take events calculated kilometer) meters) meters)

Harbor Seal ...... 3.957 3.96E–06 70 29462.347 0.1166 1 0.1166 Sea Lion ...... 0.161 1.61E–07 30 9118.458 0.0015 1 0.0015 Harbor Porpoise ...... 0.167 1.67E–07 290 315798.484 0.0527 1 0.0527 Bottlenose Dolphin ...... NA NA 40 5026.548 NA 1 NA Elephant Seal ...... NA NA 70 15393.804 NA 1 NA Fur Seal ...... NA NA 30 2827.43 NA 1 NA

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15811

TABLE 11—LEVEL B TTS TAKE CALCULATIONS FOR IMPLOSION OF PIERS E19 AND E20

Species Species density density Level B ZOI Level B TTS Number of pier Species (animals/ (animals/ radii ZOI area Level B TTS implosion Level B take square square (meters) (square take events calculated kilometer) meters) meters)

Harbor Seal ...... 3.957 3.96E–06 200 164964.771 0.6528 1 0.6528 Sea Lion ...... 0.161 1.61E–07 60 23434.268 0.0038 1 0.0038 Harbor Porpoise ...... 0.167 1.67E–07 830 2085701.996 0.3483 1 0.3483 Bottlenose Dolphin ...... NA NA 120 45238.934 NA 1 NA Elephant Seal ...... NA NA 200 125663.706 NA 1 NA Fur Seal ...... NA NA 60 11309.73 NA 1 NA

TABLE 12—LEVEL B BEHAVIORAL TAKE CALCULATIONS FOR IMPLOSION OF PIERS E19 AND E20

Species Species Level B density density Level B ZOI behavioral Level B Number of pier Species (animals/ (animals/ radii ZOI area behavioral implosion Level B take square square (meters) (square take events calculated kilometer) meters) meters)

Harbor Seal ...... 3.957 3.96E–06 290 315798.486 1.2496 1 1.2496 Sea Lion ...... 0.161 1.61E–07 80 36118.343 0.0058 1 0.0058 Harbor Porpoise ...... 0.167 1.67E–07 1,220 4256937.444 0.7109 1 0.7109 Bottlenose Dolphin ...... NA NA 200 125663.706 NA 1 NA Elephant Seal ...... NA NA 290 264207.942 NA 1 NA Fur Seal ...... NA NA 80 20106.19 NA 1 NA

TABLE 13—COMBINED ESTIMATED EXPOSURES OF MARINE MAMMALS TO THE PIER IMPLOSIONS FOR LEVELS A AND B, AND MORTALITY THRESHOLD CRITERIA

Level B exposures Level A exposures 1 for all implosions Species Permanent Gastro- Mortality 1 Behavioral Temporary threshold intestinal Slight lung response threshold shift shift tract injury injury

Pacific Harbor Seal ...... 1 1 0 0 0 0 California Sea Lion ...... 0 0 0 0 0 0 Northern Elephant Seal ...... 0 0 0 0 0 0 Northern Fur Seal ...... 0 0 0 0 0 0 Bottlenose Dolphin ...... 0 0 0 0 0 0 Harbor Porpoise ...... 1 0 0 0 0 0

Total ...... 2 1 0 0 0 0 Note: 1 No implosion will occur if any marine mammal is within the Level A or mortality threshold criteria zones.

Based on the distances to the marine the implosion Piers E19 and E20 (Table marine mammals in the area at any mammal threshold criteria and 12). No take of any other species is given time is highly variable. Animal estimated species density, it is not anticipated. movement depends on time of day, tide expected that GI tract, lung injury, or The estimated number of marine levels, weather, and availability and mortality could occur from the pier mammals to be exposed to implosion distribution of prey species. Therefore, implosion event. Approximately two SPLs for each threshold criteria (Table Caltrans requests the following number harbor seals (one by behavioral response 13) are based on current density of allowable harassment takes for each and one by TTS) and one harbor estimates or occurrence of marine Level B harassment criteria threshold porpoise (by behavioral response) may mammals in the project area (Table 9 (Table 14). be taken by Level B harassment during through 12). However, the number of

TABLE 14—AMOUNT OF LEVEL B HARASSMENT TAKE REQUESTED FOR THE IMPLOSIONS OF PIERS E19 AND E20

Level B harassment take 1 Species Behavioral Temporary response threshold shift

Pacific Harbor Seal ...... 20 10 California Sea Lion ...... 4 3 Northern Elephant Seal ...... 2 1 Northern Fur Seal ...... 2 1 Harbor Porpoise ...... 5 5

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15812 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

TABLE 14—AMOUNT OF LEVEL B HARASSMENT TAKE REQUESTED FOR THE IMPLOSIONS OF PIERS E19 AND E20— Continued

Level B harassment take 1 Species Behavioral Temporary response threshold shift

Bottlenose Dolphin ...... 4 2 Total ...... 42 25 Note: 1 Pier implosion will be delayed if any marine mammals are detected within any of the Level A or mortality threshold criteria exclusion zones.

Pacific Harbor Seal: As discussed Caltrans are requesting authorization for the incidental take of any species with above, harbor seal is the most numerous the take of seven sea lions (four by Level the potential to be present in the project marine mammal in the Bay. However, B behavioral response and three by area. Therefore, they are requesting take calculated based on species density Level B TTS) (Table 14). authorization for the take of three and the distances to the marine mammal Harbor Porpoises: Based on the northern fur seals (two by Level B threshold criteria indicated that only calculated density estimates and the behavioral response and one by Level B two harbor seals would be exposed to distances to the marine mammal TTS) (Table 14). sound pressure levels that can result in threshold criteria, one harbor porpoise Bottlenose Dolphin: As discussed Level B harassment (Table 13). One of (by behavioral response) may be taken above, only small numbers of bottlenose those exposures would be within the by Level B harassment during the dolphin occur in the project vicinity. Level B monitoring zone, and one implosion of Piers E19 and E20 (Table Based on the low number of individuals would be within the TTS zone (Table 13). However the number of harbor in the Bay and the distances to the 13). Based on previous monitoring the porpoise in the Bay and their foraging marine mammal threshold criteria number of harbor seals in the water can range appears to be steadily increasing. Caltrans anticipates that no bottlenose vary greatly, depending on weather This high-frequency cetacean has a large dolphins would be exposed to SPLs that conditions or the availability of prey. ZOI, because of its sensitivity to can result in Level B harassment. For example, during Pacific herring runs anthropogenic sound. Further, this However, as discussed in Chapter 4, further north in the Bay (near species generally travels in either calf until 2016, most bottlenose dolphins in Richardson Bay) in February 2014, very cow pairs or small pods of four to five the Bay were observed in the western few harbor seals were observed foraging porpoises. For these reasons Caltrans are Bay, from the Golden Gate Bridge to near YBI or transiting through the requesting authorization for the take of Oyster Point and Redwood City, project area for approximately 2 weeks. 10 harbor porpoise (five by Level B although one individual was observed Sightings went from a high of 27 harbor behavioral response and five by Level B frequently near the former Alameda Air seal individuals foraging or in transit in TTS) (Table 14). Station (Perlman 2017). As of 2017, the one day to no seals per day in transit or Northern Elephant Seal: As discussed same two individuals have been foraging through the project area above, because of the infrequent observed regularly near Alameda (Department 2014). In 2015 and 2016, observation of this species in the Bay, (Keener, pers. comm., 2017) and likely the number of harbor seal sighting in a Caltrans estimates that no elephant seals pass by the project area. If additional single day in the project area increased will be exposed to SPLs that can result individuals begin using this eastern area up to 41 seals (Department 2015b, in Level B harassment (Table 13). of the Bay, the number of bottlenose 2016). Because of this high degree of However, the number of elephant seals sightings near the project area will variability, and the observation of up to that may enter and or strand in the Bay likely increase. Caltrans wants to ensure 41 seals in the project area in a single in a given year is highly variable; that the project has coverage for the day Caltrans are requesting dependent on changes in oceanographic incidental take of any species with the authorization for the take of 30 harbor conditions, effecting water temperature potential to be present in the project seals by Level B harassment (20 by and prey availability. Caltrans wants to area. Therefore, they are requesting Level B behavioral response and 10 by ensure that the project has coverage for authorization for the take of six Level B TTS) (Table 14). the incidental take of any species with bottlenose dolphins (four by Level B California Sea Lion: As discussed the potential to be present in the project behavioral response and two by Level B above, California sea lion is the second area. Therefore, Caltrans are requesting TTS) (Table 14). most numerous marine mammal species authorization for the take of three in the Bay, after the harbor seal. elephant seals (two by Level B Take From Pile Driving However, take calculated based on behavioral response and one by Level B The numbers of marine mammals by species density and the distances to the TTS) (Table 14). species that may be taken by pile marine mammal threshold criteria Northern Fur Seal: As discussed driving were calculated based on indicated that no sea lions would be above, northern fur seals are found distance to the marine mammal exposed to sound pressure levels that infrequently in the Bay and are unlikely threshold criteria, days of driving, and can result in Level B harassment (Table to be in the vicinity of the pier the estimated density of each species in 13). Based on previous monitoring the implosion. However, the number of fur the ZOI, for the species that density number of sea lions transiting through seals that may enter and or strand in the could be determined. The distances to or foraging in the project area can vary Bay in a given year is highly variable; the relevant Level A and B zones are greatly. Because of the high degree of dependent on changes in oceanographic listed above in Table 8. Because the variability, regular observation of sea conditions, effecting water temperature sizes of piles, types of piles, or lions in the project area, and because and prey availability. Caltrans wants to installation methods to be used are this species may travel in groups ensure that the project has coverage for unknown at this time, the take estimate

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15813

has been prepared based on a worst case A take estimate is based on 60 days of species was calculated based on species scenario. The Level B take estimate is pile driving to install 200 piles, 36 density (Table 9), for the species that based on 60 days of pile driving to inches (0.91 meters) in diameter, with density could be determined, over the install 200 piles, 36 inches (0.91 meters) an impact hammer, which has a larger entire area of each threshold criteria in diameter, with a vibratory hammer, Level A zone than vibratory driving, zone as shown in Figures 14 and 15 in as this results in the largest Level B zone using of an air bubble curtain sound the application. The numbers used for for a precautionary approach. The Level attenuation system. The take of each take calculation are shown in Table 15. TABLE 15—ESTIMATED TAKE OF MARINE MAMMALS FROM PILE DRIVING AND PILE REMOVAL ACTIVITIES

Species Species density density Level B Level B Per day Species (animals/ (animals/ ZOI radii ZOI area take Days of Level B take Level B take square square (meters) (square Level B pile driving calculated requested kilometer) meters) meters)

Harbor Seal ...... 3.96 3.96E–06 2,000 9101027.61 36.01 60 2160.77 2161 Sea Lion ...... 0.16 1.61E–07 2,000 9101027.61 1.47 60 87.92 88 Harbor Porpoise ...... 0.17 1.67E–07 2,000 9101027.61 1.52 60 91.19 91 Bottlenose Dolphin ...... NA NA 2,000 9101027.61 NA 60 NA 30 Elephant Seal ...... NA NA 2,000 9101027.61 NA 60 NA 23 Gray Whale ...... NA NA 2,000 9101027.61 NA 60 NA 4 Fur Seal ...... NA NA 2,000 9101027.61 NA 60 NA 12

Total Level B Take ...... 2,392

Species Species density density Level A Level A Per day Species (animals/ (animals/ ZOI radii ZOI area take Days of Level A take Level A take 1 square square (meters) (square Level A pile driving calculated requested kilometer) meters) meters)

Harbor Seal ...... 3.96 3.96E–06 130 77907.73574 0.21 60 18.50 0 Sea Lion ...... 0.16 1.61E–07 9 4302.570961 0.00 60 0.04 0 Harbor Porpoise ...... 0.17 1.67E–07 290 293195.3612 0.04 60 2.94 0 Bottlenose Dolphin ...... NA NA 9 4302.570961 NA 60 NA 0 Elephant Seal ...... NA NA 130 77907.73574 NA 60 NA 0 Gray Whale ...... NA NA 243 215669.2122 NA 60 NA 0 Fur Seal ...... NA NA 9 4302.570961 NA 60 NA 0

Total Level A Take 1 ...... 0

Caltrans estimates a maximum of However, due to variability in sightings be taken several times. To ensure 2,392 instances of take by Level B of northern elephant seal, northern fur Caltrans has coverage for the incidental harassment may occur to seven stocks of seal, bottlenose dolphin, and gray take of any species with the potential to marine mammal during pile-driving whale, take estimates were adjusted be present in the project area, we are activities (Table 15). These individuals using species specific monitoring data proposing to authorize take of 12 will be exposed temporarily to detailed below. elephant seals by Level B harassment continuous (vibratory pile driving and Northern Elephant Seal: Based on low during pile driving activities (Table 15). removal) sounds greater than 120 dB number of elephant seal sightings in the This equates to the take of one elephant rms and impulse (impact driving) project area, Caltrans anticipates that seal during 20 percent of the driving sounds greater than 160 dB rms. The very few if any elephant seals would be days. majority of the animals taken by Level exposed to continuous sounds greater Northern fur seal: No fur seals have B harassment will be harbor seals (Table than 120 dB rms and impulse sounds been observed in the immediate project 15), the most numerous marine greater than 160 dB rms during pile vicinity. Should a fur seal or multiple mammals in the project area. Although driving. No elephant seals have been fur seals be in the vicinity of the project Level A take of marine mammals was observed in the immediate project area for multiple days they could be calculated based on distances to the vicinity. However, the number of taken several times. To ensure Caltrans threshold, density of the species, and elephant seals that may enter and or has necessary coverage for occasion fur duration of the activity; Caltrans does stand in the Bay in a given year is seals in the area, we propose to not anticipate any individuals will be highly variable; dependent of changes in authorize take of up to six northern fur taken by Level A harassment. With oceanographic conditions, effecting seals by Level B harassment during pile proposed monitoring and establishment water temperature and prey availability. driving activities (Table 15). This of shutdown zones, discussed in the Further, the size of the Level B equates to the take of one elephant seal Proposed Mitigation section below, harassment zone is large, extending during 10 percent of the driving days. Caltrans proposes to avoid Level A 2,000 meters (6,562 feet) from the pile Bottlenose dolphin: Only small harassment of marine mammals. driving site. Pile driving may take place numbers of bottlenose dolphin occur in The number of takes requested by for up to 60 days and many of the the project vicinity. Until 2016, most Caltrans are based on a calculation of driving days would be consecutive. bottlenose dolphins in the Bay were marine mammal density multiplied by Should an elephant seal or multiple observed in the western Bay, from the the daily isopleth multiplied by the elephant seals be in the vicinity of the Golden Gate Bridge to Oyster Point and number of days of pile driving. project area for multiple days they could Redwood City, although one individual

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15814 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

was observed frequently near the former the up to 60 days of pile driving. Oakland Middle Harbor. According to Alameda Air Station (Perlman 2017). As Therefore, Caltrans is requesting TMMC, two to six gray whales enter the of 2017, the same two individuals have authorization for the take of 90 Bay each year in late winter through been observed regularly near Alameda bottlenose dolphins by Level B spring (February through April), (Keener, pers. comm., 2017) are likely harassment during pile driving presumably to feed. Caltrans wants to pass by the project area. If additional activities. This equates to the take of 1.5 ensure that the project has coverage for individuals begin using this eastern area bottlenose dolphins during each day of the incidental take of any species with of the Bay, the number of bottlenose pile driving. the potential to be present in the project dolphin sightings near the project area Gray whale: No gray whales have area. Therefore, Caltrans is requesting will likely increase. It is possible that been observed within 2,000 meters authorization for the take of 4 grey the same two resident bottlenose (6,562 feet) of the project area, but they whales by Level B harassment during dolphins and or additional individuals have been observed just north of pile driving activities. could be taken multiple times during Treasure Island and southwest of

TABLE 16—COMBINED TOTAL TAKE REQUESTED FOR PIER IMPLOSION AND PILE-DRIVING ACTIVITIES

Pier implosion 1 Requested Level B harassment take Pile driving Total take as Species Level B Level B percent Behavioral Temporary harassment harassment of stock threshold take 1 take 1 response shift abundance

Pacific Harbor Seal ...... 20 10 2,161 2,191 7 California Sea Lion ...... 4 3 88 95 .03 Northern Elephant Seal ...... 2 1 12 15 .01 Northern Fur Seal ...... 2 1 6 9 .06 Harbor Porpoise ...... 10 8 91 109 1.1 Bottlenose Dolphin ...... 4 2 30 36 8 Gray Whale ...... 0 0 4 4 .02

Proposed Mitigation impact being mitigated (likelihood, Implosion shutdown zone—During In order to issue an IHA under scope, range). It further considers the the implosion of Piers E19 and E20, a Section 101(a)(5)(D) of the MMPA, likelihood that the measure will be project-specific monitoring plan will be NMFS must set forth the permissible effective if implemented (probability of implemented to avoid the potential for methods of taking pursuant to such accomplishing the mitigating result if individual exposure to Level A activity, and other means of effecting implemented as planned) the likelihood harassment, and to document the the least practicable impact on such of effective implementation (probability number and species potentially exposed species or stock and its habitat, paying implemented as planned); and to Level B harassment. This plan will be particular attention to rookeries, mating (2) the practicability of the measures similar to the Marine Foundation grounds, and areas of similar for applicant implementation, which Removal Project Final Biological significance, and on the availability of may consider such things as cost, Monitoring Program, previously such species or stock for taking for impact on operations, and, in the case approved by NMFS, that was certain subsistence uses (latter not of a military readiness activity, implemented during the implosions of applicable for this action). NMFS personnel safety, practicality of Piers E6 to E18. In particular, monitors regulations require applicants for implementation, and impact on the will observe the shutdown zone and incidental take authorizations to include effectiveness of the military readiness will delay the implosion if any information about the availability and activity. individuals are within this zone. The feasibility (economic and technological) same procedure was implemented Mitigation for Marine Mammals and successfully for the implosions of Piers of equipment, methods, and manner of Their Habitat conducting such activity or other means E3 through E18, and no marine of effecting the least practicable adverse Pier Implosions—The decision to mammals were exposed to SPLs above impact upon the affected species or combine two smaller piers into single, the Level A or mortality threshold stocks and their habitat (50 CFR sequential blast events will further criteria. This project-specific monitoring 216.104(a)(11)). reduce potential impacts on marine plan will be transmitted to NMFS before In evaluating how mitigation may or mammals. This will allow faster the implosions, for review and may not be appropriate to ensure the completion of the project and will concurrence. least practicable adverse impact on reduce the total number of pier Pile driving—All steel pipe piles species or stocks and their habitat, as implosion events (days where pier initially will be installed with a well as subsistence uses where implosions occur). vibratory hammer. The vibratory applicable, we carefully consider two BAS—As described previously in this hammer will be used to drive the primary factors: document, a BAS will be used around majority of the total pile lengths. In the (1) The manner in which, and the both piers during the implosion. Based event that a pipe pile is installed degree to which, the successful on the results of acoustic monitoring for entirely with a vibratory hammer, it still implementation of the measure(s) is the previous pier implosions, BAS will be subject to final proof testing with expected to reduce impacts to marine performance is anticipated to provide an impact hammer. A maximum of 10 mammals, marine mammal species or approximately 70 to 80 percent percent of the piles installed completely stocks, and their habitat. This considers attenuation of implosion-related with a vibratory hammer may be proof- the nature of the potential adverse pressure waves. tested with an impact hammer, without

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15815

the use of a marine pile-driving energy the means effecting the least practicable Visual Marine Mammal Observations attenuator. Proofing of piles will be impact on the affected species or stocks Caltrans will collect sighting data and limited to a maximum of two piles per and their habitat, paying particular behavioral responses to construction for day, for less than 1 minute per pile, attention to rookeries, mating grounds, marine mammal species observed in the administering a maximum of 20 blows and areas of similar significance. region of activity during the period of per pile. Although both vibratory and Proposed Monitoring and Reporting activity. All protected species observers impact pile driving have the potential to (PSOs) will be trained in marine affect marine mammals, impact driving In order to issue an IHA for an mammal identification and behaviors is expected to generate higher SPLs. activity, Section 101(a)(5)(D) of the and are required to have no other Requiring the use of the vibratory MMPA states that NMFS must set forth, construction-related tasks while hammer will reduce the duration of requirements pertaining to the conducting monitoring. A minimum of impact driving and potential exposure monitoring and reporting of such taking. two PSOs will be required for all pile to higher SPLs. The MMPA implementing regulations at driving activities. Caltrans will establish Pile driving energy attenuator—Use of 50 CFR 216.104(a)(13) indicate that shutdown zones, similar to those a marine pile-driving energy attenuator requests for authorizations must include detailed in Table 8, as well as a (i.e., air bubble curtain system), or other the suggested means of accomplishing monitoring zone of 2,000 meters for all equally effective sound attenuation the necessary monitoring and reporting marine mammals. Caltrans will monitor method (e.g., dewatered cofferdam), will that will result in increased knowledge the shutdown zone and monitoring zone be required by Caltrans during impact of the species and of the level of taking 30 minutes before, during, and 30 driving of all steel pipe piles (with the or impacts on populations of marine minutes after pile driving, with exception of pile proof-testing) and mammals that are expected to be observers located at the best practicable during impact driving of 0.91-meter (36- present in the proposed action area. vantage points. Based on our inch) diameter concrete piles. Requiring Effective reporting is critical both to requirements, Caltrans would the use of sound attenuation will reduce compliance as well as ensuring that the implement the following procedures for SPLs and the size of the ZOIs for Level most value is obtained from the required pile driving: A and Level B harassment. monitoring. • PSOs would be located at the best Pile Driving Shutdown Zone—Before vantage point(s) in order to properly see Monitoring and reporting the start of impact pile-driving the entire shutdown zone and as much requirements prescribed by NMFS activities, the shutdown zones will be of the disturbance zone as possible; established. The shutdown zones are should contribute to improved • During all observation periods, intended to include all areas where the understanding of one or more of the observers will use binoculars and the underwater SPLs are anticipated to following: naked eye to search continuously for equal or exceed thresholds for injury— • Occurrence of marine mammal marine mammals; PTS Level A harassment thresholds for species or stocks in the area in which • If the shutdown zones are obscured the specific species hearing groups, take is anticipated (e.g., presence, by fog or poor lighting conditions, pile shown in Table 3. NMFS-approved abundance, distribution, density); driving at that location will not be observers will survey the shutdown • Nature, scope, or context of likely initiated until that zone is visible. zones for 30 minutes before pile-driving Should such conditions arise while activities start. If marine mammals are marine mammal exposure to potential stressors/impacts (individual or impact driving is underway, the activity found within the shutdown zones, pile would be halted; and driving will be delayed until the animal cumulative, acute or chronic), through • better understanding of: (1) Action or The shutdown zone and observable has moved out of the shutdown zone, portion of the monitoring zone around either verified through sighting by an environment (e.g., source characterization, propagation, ambient the pile will be monitored for the observer or by waiting until enough presence of marine mammals 30 min time has elapsed without a sighting, 15 noise); (2) affected species (e.g., life history, dive patterns); (3) co-occurrence before, during, and 30 min after any pile minutes for pinnipeds and small driving activity. cetaceans (harbor porpoise and of marine mammal species with the bottlenose dolphin), and 30 minutes for action; or (4) biological or behavioral Data Collection gray whale, to be able to assume that the context of exposure (e.g., age, calving or We require that observers use animal has moved beyond the zone. feeding areas); approved data forms. Among other With implementation of this avoidance • Individual marine mammal pieces of information, Caltrans will and minimization measure, exposure of responses (behavioral or physiological) record detailed information about any marine mammals to SPLs that can result to acoustic stressors (acute, chronic, or implementation of shutdowns, in PTS Level A harassment will be cumulative), other stressors, or including the distance of animals to the avoided. cumulative impacts from multiple pile and description of specific actions A 10 meter shutdown zone for all stressors; that ensued and resulting behavior of marine mammals will also be • How anticipated responses to the animal, if any. In addition, Caltrans implemented for in-water heavy stressors impact either: (1) Long-term will attempt to distinguish between the machinery work that is not pile driving fitness and survival of individual number of individual animals taken and or pier implosion. Similarly, if a marine marine mammals; or (2) populations, the number of incidences of take. We mammal for which take is not species, or stocks; require that, at a minimum, the authorized is seen within the following information be collected on • Effects on marine mammal habitat monitoring zone, operations will cease the sighting forms: until the animal is seen leaving the zone (e.g., marine mammal prey species, • Date and time that monitored or until 15 minutes have passed. acoustic habitat, or other important activity begins or ends; Based on our evaluation of the physical components of marine • Construction activities occurring applicant’s proposed measures, NMFS mammal habitat); and during each observation period; has preliminarily determined that the • Mitigation and monitoring • Weather parameters (e.g., percent proposed mitigation measures provide effectiveness. cover, visibility);

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15816 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

• Water conditions (e.g., sea state, of the mitigation. We also assess the necessary, implementation of soft start tide state); number, intensity, and context of and shutdown zones significantly • Species, numbers, and, if possible, estimated takes by evaluating this reduces any possibility of injury. Given sex and age class of marine mammals; information relative to population sufficient ‘‘notice’’ through use of soft • Description of any observable status. Consistent with the 1989 start (for impact driving), marine marine mammal behavior patterns, preamble for NMFS’s implementing mammals are expected to move away including bearing and direction of regulations (54 FR 40338; September 29, from a sound source that is annoying travel, and if possible, the correlation to 1989), the impacts from other past and prior to it becoming potentially SPLs; ongoing anthropogenic activities are injurious. Caltrans will use a minimum • Distance from pile driving activities incorporated into this analysis via their of two PSOs stationed strategically to to marine mammals and distance from impacts on the environmental baseline increase detectability of marine the marine mammals to the observation (e.g., as reflected in the regulatory status mammals, enabling a high rate of point; of the species, population size and success in implementation of • Description of implementation of growth rate where known, ongoing shutdowns to avoid injury. mitigation measures (e.g., shutdown or sources of human-caused mortality, or Caltrans’ proposed activities are delay); ambient noise levels). localized and of relatively short • Locations of all marine mammal Pile driving and pier implosion duration (June to November). This observations; and activities associated from the Caltrans duration does not overlap with • Other human activity in the area. project, as outlined previously, have the breeding, pupping, or other biologically Reporting potential to disturb or displace marine significant events for marine mammal mammals. Specifically, the specified species in the area. The project area is A draft report would be submitted to activities may result in take, in the form also very limited in scope spatially, as NMFS within 90 days of the completion of Level B harassment (TTS and all work is concentrated on the edges of of marine mammal monitoring, or 60 behavioral disturbance), from a single bridge expanse. These localized days prior to the requested date of underwater sounds generated from pier and short-term noise exposures may issuance of any future IHA for projects implosions and pile driving. Potential cause short-term behavioral at the same location, whichever comes takes could occur if individuals of these modifications in seven marine mammal first. The report will include marine species are present in the ensonified species. Moreover, the proposed mammal observations pre-activity, zone when pile driving or implosion mitigation and monitoring measures are during-activity, and post-activity during occurs. A few marine mammals could expected to further reduce the pile driving days, and will also provide experience TTS if they occur within the likelihood of injury, as it is unlikely an descriptions of any behavioral responses Level B TTS zone. However, TTS is a animal would remain in close proximity to construction activities by marine temporary loss of hearing sensitivity to the sound source with small Level A mammals and a complete description of when exposed to loud sound, and the isopleths. While the project area is all mitigation shutdowns and the results hearing threshold is expected to recover known to be frequented by harbor seals of those actions and an extrapolated completely within minutes to hours. and California sea lions, it is not an total take estimate based on the number Therefore, it is not considered an injury. established breeding ground for local of marine mammals observed during the In addition, even if an animal receives populations. course of construction. A final report a TTS, the TTS would be a one-time The project also is not expected to must be submitted within 30 days event from a brief impulse noise (about have significant adverse effects on following resolution of comments on the 5 seconds), making it unlikely that the affected marine mammals’ habitat. The draft report. TTS would lead to PTS. If an animal project activities would not modify Negligible Impact Analysis and undergoes a TTS from pier implosion, it existing marine mammal habitat for a Determination is likely to recover quickly as there is significant amount of time. The only one implosion event proposed. activities may cause some fish to leave NMFS has defined negligible impact Finally, there is no critical habitat or the area of disturbance, thus temporarily as an impact resulting from the other biologically important areas in the impacting marine mammals’ foraging specified activity that cannot be vicinity of Caltrans’ proposed controlled opportunities in a limited portion of the reasonably expected to, and is not implosion areas (Calambokidis et al., foraging range. However, because of the reasonably likely to, adversely affect the 2015). short duration of the activities and the species or stock through effects on No serious injury or mortality is relatively small area of the habitat that annual rates of recruitment or survival anticipated given the nature of the may be affected, and the decreased (50 CFR 216.103). A negligible impact activities and measures designed to potential of prey species to be in the finding is based on the lack of likely minimize the possibility of injury to Project area during the construction adverse effects on annual rates of marine mammals. The potential for work window, the impacts to marine recruitment or survival (i.e., population- these outcomes is minimized through mammal habitat are not expected to level effects). An estimate of the number the construction method and the cause significant or long-term negative of takes alone is not enough information implementation of the planned consequences. on which to base an impact mitigation measures. Specifically, Effects on individuals that are taken determination. In addition to Caltrans proposes to use a blast by Level B harassment, on the basis of considering estimates of the number of attenuation system for the pier reports in the literature as well as marine mammals that might be ‘‘taken’’ implosion, which it has previously used monitoring from other similar activities, through harassment, NMFS considers successfully. For pile driving activities, will likely be limited to temporary other factors, such as the likely nature vibratory and impact hammers will be reactions such as increased swimming of any responses (e.g., intensity, the primary methods of pier installation. speeds, increased surfacing time, duration), the context of any responses Impact pile driving produces short, flushing, or decreased foraging (if such (e.g., critical reproductive time or sharp pulses with higher peak levels activity were occurring) (e.g., Thorson location, migration), as well as effects and much sharper rise time to reach and Reyff 2006; Lerma 2014). Most on habitat, and the likely effectiveness those peaks. If impact driving is likely, individuals will simply move

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15817

away from the sound source and be appropriate estimation of abundance of formal consultation under section 7 of temporarily displaced from the areas of the relevant species or stock in our the ESA is not required for this action. pile driving and implosions. Thus, even determination of whether an Proposed Authorization repeated Level B harassment of some authorization is limited to small small subset of the overall stock is numbers of marine mammals. As a result of these preliminary unlikely to result in any significant Additionally, other qualitative factors determinations, NMFS proposes to issue realized decrease in fitness for the may be considered in the analysis, such an IHA to Caltrans for conducting pier affected individuals, and thus would as the temporal or spatial scale of the implosion and pile driving activity at not result in any adverse impact to the activities. the San Francisco-Oakland Bay Bridge stock as a whole. For some stocks, such Table 16 above details the number of from May 2018–April 2019, provided as harbor seal, more animal presence individuals that could be exposed to the previously mentioned mitigation, has increased in recent years, despite received noise levels that could cause monitoring, and reporting requirements Caltrans’ work in the area. TTS or Level B harassment for the are incorporated. This section contains In summary and as described above, proposed work at the project site a draft of the IHA itself. This section the following factors primarily support relative to the total stock abundance. contains a draft of the IHA itself. The our preliminary determination that the The numbers of animals authorized to wording contained in this section is impacts resulting from this activity are be taken for all species would be proposed for inclusion in the IHA (if not expected to adversely affect the considered small relative to the relevant issued). 1. This Incidental Harassment species or stock through effects on stocks or populations even if each Authorization (IHA) is valid for 1 year annual rates of recruitment or survival: estimated instance of take occurred to a • from May 15, 2018 through April 14, No mortality is anticipated or new individual. The total percent of the 2019. authorized; population (if each instance was a • No more than 10 individuals per 2. This IHA is valid only for pier separate individual) for which take is implosion and pile driving activities species are expected to incur TTS requested is less than eight percent for during pier implosion. No TTS is associated with the San Francisco— all stocks (Table 16). Based on the Oakland Bay Bridge. expected to occur during pile driving. analysis contained herein of the The size of the zones in which TTS is 3. General Conditions proposed activity (including the (a) A copy of any issued LOA or IHA expected to occur are small and will be proposed mitigation and monitoring must be in the possession of the heavily monitored per the measures measures) and the anticipated take of applicant, its designees, and work crew outlined above in the Proposed marine mammals, NMFS preliminarily personnel operating under the authority Monitoring section; finds that small numbers of marine • Level B harassment may consist of of the issued LOA. mammals will be taken relative to the (b) The species authorized for taking temporary modifications in behavior population size of the affected species are summarized in Table 17. (e.g. temporary avoidance of habitat or or stocks. (c) The taking, by Level B harassment changes in behavior); only, is limited to the species listed in • The lack of important feeding, Unmitigable Adverse Impact Analysis condition 3(b). See Table 17 for pupping, or other biologically and Determination numbers of take authorized. significant areas in the action area There are no relevant subsistence uses during the construction window; of the affected marine mammal stocks or • The small impact area relative to TABLE 17—AUTHORIZED TAKE species implicated by this action. species range size; NUMBERS • Mitigation is expected to minimize Therefore, NMFS has preliminarily the likelihood and severity of the level determined that the total taking of Total affected species or stocks would not Level B of harassment; and Species harassment • The small percentage of the stock have an unmitigable adverse impact on take that may be affected by project activities the availability of such species or stocks (< eight percent for all stocks). for taking for subsistence purposes. Pacific Harbor Seal ...... 2,161 California Sea Lion ...... 88 Based on the analysis contained Endangered Species Act (ESA) herein of the likely effects of the Northern Elephant Seal ...... 12 Northern Fur Seal ...... 6 specified activity on marine mammals Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 U.S.C. Harbor Porpoise ...... 91 and their habitat, and taking into Bottlenose Dolphin ...... 30 consideration the implementation of the 1531 et seq.) requires that each Federal Gray Whale ...... 4 proposed monitoring and mitigation agency insure that any action it measures, NMFS preliminarily finds authorizes, funds, or carries out is not (d) The taking by injury (Level A that the total marine mammal take from likely to jeopardize the continued harassment), serious injury, or death of the proposed activity will have a existence of any endangered or the species listed in condition 3(c) of negligible impact on all affected marine threatened species or result in the the Authorization or any taking of any mammal species or stocks. destruction or adverse modification of other species of marine mammal is designated critical habitat. To ensure prohibited and may result in the Small Numbers ESA compliance for the issuance of modification, suspension, or revocation As noted above, only small numbers IHAs, NMFS consults internally, in this of this IHA, unless authorization of take of incidental take may be authorized case with the West Coast Region by Level A harassment is listed in under Section 101(a)(5)(D) of the MMPA Protected Resources Division Office, condition 3(b) of this Authorization. for specified activities other than whenever we propose to authorize take 4. Mitigation Measures military readiness activities. The MMPA for endangered or threatened species. The holder of this Authorization is does not define small numbers and so, No incidental take of ESA-listed required to implement the following in practice, where estimated numbers species is proposed for authorization or mitigation measures. are available, NMFS compares the expected to result from this activity. (a) In-water pile driving and pile number of individuals taken to the most Therefore, NMFS has determined that removal activities and the controlled

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15818 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

implosion of Piers E19 and E20 shall (i) For in-water heavy machinery positioning of the pile on the substrate only be conducted during daylight work (such as debris removal or setting via a crane (i.e., stabbing the pile); (4) hours and with enough time for pre and up the BAS), a minimum 10 m removal of the pile from the water post activity monitoring, and with good shutdown zone shall be implemented. If column/substrate via a crane (i.e., visibility when the largest exclusion a marine mammal comes within 10 m of deadpull); or (5) the placement of sound zone can be visually monitored. such operations, operations shall cease attenuation devices around the piles. and vessels shall reduce speed to the (ii) For controlled implosion and (b) For controlled implosion of Piers minimum level required to maintain associated test blasting, as well as pile E19 and E20, Caltrans shall install and steerage and safe working conditions. driving, Caltrans shall establish use a Blast Attenuation System (BAS) This type of work could include (but is monitoring zones that are appropriate to prior to demolition to reduce the not limited to) the following activities: specific marine mammal functional shockwave from the implosion. (1) Vibratory pile driving; (2) movement hearing groups for each implosion (c) Establishment of shutdown zones of the barge to the pile location; (3) scenario (See Tables 18 & 19 below).

TABLE 18—SHUTDOWN AND MONITORING ZONES FOR PIER IMPLOSIONS

Level B behavioral response Level B TTS Level A injury and mortality Species/group monitoring zone monitoring zone exclusion zone

Pinniped and Dolphin ...... 290 meters (951 feet) ...... 200 meters (656 feet) ...... 70 meters (230 feet). Harbor Porpoise ...... 1,220 meters (4,003 feet) ...... 830 meters (2,723 feet) ...... 290 meters (951 feet).

TABLE 19—SHUTDOWN AND MONITORING ZONES FOR PILE DRIVING

Installation Attenuation Level A pinniped and Level A porpoise and Level B monitoring zone— Pile type method system dolphin exclusion zone whale exclusion zone all species

H-Pile ...... Vibratory ...... None ...... 2 meters (7 feet) ...... 1 meter (3 feet) ...... 1,000 meters (3,280 feet). 24-inch Steel Pipe Pile Vibratory ...... None ...... 8 meters (26 feet) ...... 19 meters (62 feet) .... 2,000 meters (6,562 feet). 36-inch Steel Pipe Pile Vibratory ...... None ...... 20 meters (98 feet) .... 49 meters (161 feet) .. 2,000 meters (6,562 feet). H-Pile ...... Impact ...... None ...... 18 meters (59 feet) .... 39 meters (128 feet) .. 100 meters (328 feet). 24-inch Steel Pipe Pile Impact ...... Bubble Curtain .... 68 meters (223 feet) .. 151 meters (495 feet) 215 meters (705 feet). 36-inch Steel Pipe Pile Impact ...... Bubble Curtain .... 130 meters (427 feet) 290 meters (951 feet) 541 meters (1,775 feet). 24-inch Concrete Pile .. Impact ...... None ...... 52 meters (171 feet) .. 115 meters (377 feet) 46 meters (151 feet). 36-inch Concrete Pile .. Impact ...... Bubble Curtain .... 57 meters (187 feet) .. 127 meters (417 feet) 117 meters (384 feet).

(d) Shutdown Zone Monitoring for voluntarily left and been visually pile driving and removal activities. Mitigation Measures confirmed beyond the shutdown zone Marine mammal monitoring and (i) Pre-activity monitoring shall take and 30 minutes have passed without re- reporting shall be conducted in place from 30 minutes prior to initiation detection of the animal. Pile driving accordance with the monitoring of activity and post-activity monitoring activities include the time to install or measures in the application. remove a single pile or series of piles, shall continue through 30 minutes post- (a) For all pile driving activities, a as long as the time elapsed between uses completion for construction activity and minimum of two protected species 60 minutes post-completion for of the pile driving equipment is no more than thirty minutes. observer (PSOs) shall be required, with implosion activity. Pile driving may at least one PSO stationed at the active commence at the end of the 30-minute (iv) Caltrans shall use soft start techniques when impact pile driving. pile driving rig or at the best vantage pre-activity monitoring period, provided point(s) practicable to monitor the observers have determined that the Soft start requires contractors to provide shutdown zone for marine mammals shutdown zone is clear of marine an initial set of strikes at reduced and implement shutdown or delay mammals, which includes delaying start energy, followed by a thirty-second procedures when applicable through of pile driving activities if a marine waiting period, then two subsequent communication with the equipment mammal is sighted in the zone, as reduced energy strike sets. Soft start described in Table 19 above. shall be implemented at the start of each operator. Other PSOs should be day’s impact pile driving and at any stationed at the best vantage point(s) (ii) A determination that the time following cessation of impact pile practicable to observe the monitoring shutdown zone is clear must be made driving for a period of thirty minutes or zone. during a period of good visibility (i.e., longer. (b) For all pier implosion activities, a the entire shutdown zone and (v) If the number of authorized takes minimum of eight PSOs will be surrounding waters must be visible to are reached, Caltrans will shut down if required. One PSO will be designated as the naked eye). a marine mammal is sighted within or the Lead PSO, who will receive updates (iii) If a marine mammal approaches approaching the monitoring zone. or enters the shutdown zone during (vi) If a species for which take is not from other PSOs on the presence or activities or pre-activity monitoring, all authorized is sighted within or absence of marine mammals within the pile driving or implosion activities at approaching the monitoring zone, PSO. This Lead PSO will notify the that location shall be halted or delayed, Caltrans will shut down. Environmental Compliance Manager of respectively. If activity is halted or 5. Monitoring a cleared shutdown zone before the start delayed due to the presence of a marine (i) The holder of this Authorization is of the implosion(s). PSOs shall be mammal, the activity may not resume or required to conduct marine mammal positioned near the edge of each of the commence until either the animal has monitoring during pier implosion and threshold criteria zones and shall utilize

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15819

boats, barges, and bridge piers and species for which authorization has (ii) In the unanticipated event that the roadway. been granted but the authorized takes specified activity clearly causes the take (ii) Caltrans shall conduct briefings are met, is observed approaching or of a marine mammal in a manner for construction supervisors and crews, within the monitoring zone (2,000 m), prohibited by this IHA, such as a serious the monitoring team, and Caltrans staff activities must shut down immediately injury or mortality, Caltrans shall prior to the start of all pile driving using delay and shut-down procedures. immediately cease the specified activity, and when new personnel join Activities must not resume until the activities and report the incident to the the work, in order to explain animal has been confirmed to have left Office of Protected Resources, NMFS, responsibilities, communication the area or the observation time period and the West Coast Regional Stranding procedures, the marine mammal has elapsed. Coordinator. The report must include monitoring protocol, and operational 6. Reporting the following information: procedures. (i) Caltrans shall submit a draft report a. Time and date of the incident; (iii) Monitoring of pile driving shall to NMFS [not later than 90 days b. Description of the incident; be conducted by qualified PSOs (see following the end of construction c. Environmental conditions (e.g., below), who shall have no other activities OR 60 days prior to the wind speed and direction, Beaufort sea assigned tasks during monitoring issuance of any subsequent IHA for the state, cloud cover, and visibility); periods. Caltrans shall adhere to the project]. Caltrans shall provide a final d. Description of all marine mammal following conditions when selecting report within 30 days following observations in the 24 hours preceding observers: resolution of NMFS’ comments on the the incident; • Independent PSOs shall be used draft report. Reports shall contain, at e. Species identification or (i.e., not construction personnel); minimum, the following: description of the animal(s) involved; • • Date and time that monitored At least one PSO must have prior f. Fate of the animal(s); and activity begins and ends for each day experience working as a marine g. Photographs or video footage of the mammal observer during construction conducted (monitoring period); • Construction activities occurring animal(s). activities; (iii) Activities shall not resume until • Other PSOs may substitute during each daily observation period, including how many and what type of NMFS is able to review the education (degree in biological science circumstances of the prohibited take. or related field) or training for piles driven; • Deviation from initial proposal in NMFS will work with Caltrans to experience; determine what measures are necessary • Where a team of three or more PSOs pile numbers, pile types, average to minimize the likelihood of further are required, a lead observer or driving times, etc.; • prohibited take and ensure MMPA monitoring; coordinator shall be Weather parameters in each compliance. Caltrans may not resume designated. The lead observer must have monitoring period (e.g., wind speed, their activities until notified by NMFS. prior experience working as a marine percent cloud cover, visibility); • Water conditions in each (iv) In the event that the Caltrans mammal observer during construction; monitoring period (e.g., sea state, tide discovers an injured or dead marine and • Caltrans shall submit PSO CVs for state); mammal, and the lead observer • For each marine mammal sighting: determines that the cause of the injury approval by NMFS; Æ Species, numbers, and, if possible, Caltrans shall ensure that observers or death is unknown and the death is sex and age class of marine mammals; relatively recent (e.g., in less than a have the following additional Æ Description of any observable qualifications: moderate state of decomposition), • marine mammal behavior patterns, Caltrans shall immediately report the Ability to conduct field including bearing and direction of travel observations and collect data according incident to the Office of Protected and distance from pile driving activity; Resources, NMFS, and the West Coast to assigned protocols; Æ Location and distance from pile • Experience or training in the field Regional Stranding Coordinator. driving activities to marine mammals The report must include the same identification of marine mammals, and distance from the marine mammals including the identification of information identified above. Activities to the observation point; and may continue while NMFS reviews the behaviors; Æ Estimated amount of time that the • circumstances of the incident. NMFS Sufficient training, orientation, or animals remained in the Level B zone; experience with the construction • Description of implementation of will work with Caltrans to determine operation to provide for personal safety mitigation measures within each whether additional mitigation measures during observations; monitoring period (e.g., shutdown or or modifications to the activities are • Writing skills sufficient to prepare a delay); appropriate. report of observations including but not • Other human activity in the area (v) In the event that Caltrans discovers limited to the number and species of within each monitoring period an injured or dead marine mammal, and marine mammals observed; dates and • A summary of the following: the lead observer determines that the times when in-water construction Æ Total number of individuals of each injury or death is not associated with or activities were conducted; dates, times, species detected within the Level B related to the activities authorized in the and reason for implementation of Zone, and estimated as taken if IHA (e.g., previously wounded animal, mitigation (or why mitigation was not correction factor appropriate; carcass with moderate to advanced implemented when required); and Æ Total number of individuals of each decomposition, scavenger damage), marine mammal behavior; and species detected within the Level A Caltrans shall report the incident to the • Ability to communicate orally, by Zone and the average amount of time Office of Protected Resources, NMFS, radio or in person, with project that they remained in that zone; and and the West Coast Regional Stranding personnel to provide real-time Æ Daily average number of Coordinator, NMFS, within 24 hours of information on marine mammals individuals of each species the discovery. Caltrans shall provide observed in the area as necessary. (differentiated by month as appropriate) photographs or video footage or other (iv) If a species for which detected within the the Level B Zone, documentation of the stranded animal authorization has not been granted, or a and estimated as taken, if appropriate. sighting to NMFS.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15820 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

7. This Authorization may be Dated: April 9, 2018. SUPPLEMENTARY INFORMATION: The modified, suspended or withdrawn if Donna S. Wieting, Nature Conservancy (TNC) submitted a the holder fails to abide by the Director, Office of Protected Resources, complete application for an Exempted conditions prescribed herein, or if National Marine Fisheries Service. Fishing Permit (EFP) on March 6, 2018, NMFS determines the authorized taking [FR Doc. 2018–07573 Filed 4–11–18; 8:45 am] which requests a renewal of an EFP is having more than a negligible impact BILLING CODE 3510–22–P issued last year to collect biological on the species or stock of affected samples of halibut. The project is marine mammals. funded through the Saltonstall-Kennedy DEPARTMENT OF COMMERCE Grant Program, and seeks to address Request for Public Comments identified information gaps in order to National Oceanic and Atmospheric improve future Atlantic halibut stock We request comment on our analyses, Administration assessments. Research focuses on the proposed authorization, and any RIN 0648–XG149 characteristics such as stock structure, other aspect of this Notice of Proposed seasonal movements, behavior, and life IHA for the proposed pier implosion Magnuson-Stevens Act Provisions; history. The renewal application and pile driving. We also request General Provisions for Domestic requests the same exemptions from the comment on the potential for renewal of Fisheries; Application for Exempted regulations that were approved for the this proposed IHA as described in the Fishing Permits 2017 fishing year. The exemptions paragraph below. Please include with include the Atlantic halibut possession your comments any supporting data or AGENCY: National Marine Fisheries limit, as described in § 648.86(c), and literature citations to help inform our Service (NMFS), National Oceanic and the Atlantic halibut minimum size limit, final decision on the request for MMPA Atmospheric Administration (NOAA), as described in § 648.83(a)(1). authorization. Commerce. The EFP would authorize 21 ACTION: Notice; request for comments. commercial fishing vessels to collect On a case-by-case basis, NMFS may biological samples of halibut during issue a second one-year IHA without SUMMARY: The Assistant Regional regular fishing operations. A maximum additional notice when (1) another year Administrator for Sustainable Fisheries, of five halibut may be sampled per trip. of identical or nearly identical activities Greater Atlantic Region, NMFS, has Participating vessels may land halibut as described in the Specified Activities made a preliminary determination that under the minimum size limit and/or section is planned or (2) the activities an Exempted Fishing Permit application above the possession limit provided would not be completed by the time the contains all of the required information these fish are transferred to participating IHA expires and a second IHA would and warrant further consideration. The researchers for additional data allow for completion of the activities Exempted Fishing Permit would allow collection. The EFP issued for the 2017 beyond that described in the Dates and commercial fishing vessels to land fishing year allowed for a total sampling Duration section, provided all of the Atlantic halibut under the minimum size of 250 halibut sampled across the following conditions are met: size limit and in excess of the entirety of the project. To date, TNC has possession limit. This EFP is required to sampled 132 halibut. The renewed EFP • A request for renewal is received no support an Atlantic halibut study by the would increase the total sample size to later than 60 days prior to expiration of University of Massachusetts, Dartmouth, 275. TNC requested this increase in the current IHA; School for Marine Science and order to fully utilize Saltonstall- • The request for renewal must Technology, and The Nature Kennedy Grant Program funding. include the following: Conservancy to improve future halibut Sampling would include recording of (1) An explanation that the activities stock assessments. fish length and weight, as well as to be conducted beyond the initial dates Regulations under the Magnuson- removal of gonads, otoliths, and genetic material. either are identical to the previously Stevens Fishery Conservation and Management Act require publication of The exemption from the minimum analyzed activities or include changes size limit would allow researchers to so minor (e.g., reduction in pile size) this notification to provide interested parties the opportunity to comment on collect data from all sizes of halibut, that the changes do not affect the applications for proposed Exempted which is necessary to ensure that results previous analyses, take estimates, or Fishing Permits. of the project are accurate and reflective mitigation and monitoring of the halibut population. The DATES: Comments must be received on requirements; and exemption from the possession limit is or before April 27, 2018. (2) A preliminary monitoring report necessary to ensure that the researchers ADDRESSES: You may submit written showing the results of the required are able to obtain sufficient biological comments by any of the following monitoring to date and an explanation samples to conduct their research. No methods: halibut above the possession limit or showing that the monitoring results do • Email: [email protected]. not indicate impacts of a scale or nature below the minimum size limit could be Include in the subject line ‘‘Comments landed for sale. not previously analyzed or authorized; on TNC Atlantic halibut EFP.’’ and Fishing under the EFP would occur • Mail: Michael Pentony, Regional during the 2018 fishing year, from May • Upon review of the request for Administrator, NMFS, Northeast 1, 2018 through April 30, 2019. renewal, the status of the affected Regional Office, 55 Great Republic Participating vessels would use multiple species or stocks, and any other Drive, Gloucester, MA 01930. Mark the gear types, including handline/jig, pertinent information, NMFS outside of the envelope ‘‘TNC Atlantic longline, sink gillnet, and otter trawl. determines that there are no more than Halibut EFP.’’ Fishing would occur throughout both minor changes in the activities, the FOR FURTHER INFORMATION CONTACT: the Gulf of Maine and the Georges Bank mitigation and monitoring measures Spencer Talmage, Fishery Management Regulated Mesh Areas, primarily in remain the same and appropriate, and Specialist, 978–281–9232, statistical areas 514, 521, 522, 525, and the original findings remain valid. [email protected]. 526.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15821

If approved, the applicants may Purpose of the Meeting: The purpose DEPARTMENT OF EDUCATION request minor modifications and of the meeting is to provide advice on [Docket ID ED–2017–IES–0095] extensions to the EFPs throughout the scientific, technical, intelligence, and year. EFP modifications and extensions policy-related issues to the Commander, Privacy Act of 1974; System of may be granted without further notice if U.S. Strategic Command, during the Records they are deemed essential to facilitate development of the Nation’s strategic completion of the proposed research war plans. AGENCY: Institute of Education Sciences, and have minimal impacts that do not Department of Education. Agenda: Topics include: Policy change the scope or impact of the ACTION: Notice of a new system of Issues, Space Operations, Nuclear initially approved EFP request. Any records. fishing activity conducted outside the Weapons Stockpile Assessment, scope of the exempted fishing activity Weapons of Mass Destruction, SUMMARY: In accordance with the would be prohibited. Intelligence Operations, Cyber Privacy Act of 1974, as amended Operations, Global Strike, Command (Privacy Act), the Department of Authority: 16 U.S.C. 1801 et seq. and Control, Science and Technology, Education (the Department) publishes Dated: April 9, 2018. Missile Defense. this notice of a new system of records Jennifer M. Wallace, Meeting Accessibility: Pursuant to 5 entitled ‘‘Impact Evaluation of Parent Acting Director, Office of Sustainable Messaging Strategies on Student Fisheries, National Marine Fisheries Service. U.S.C. 552b, and 41 CFR 102–3.155, the Department of Defense has determined Attendance (18–13–42).’’ This system [FR Doc. 2018–07621 Filed 4–11–18; 8:45 am] that the meeting shall be closed to the contains individually identifying BILLING CODE 3510–22–P information voluntarily provided by public. Per delegated authority by the individuals and districts who Chairman, Joint Chiefs of Staff, General participate in the impact study. The DEPARTMENT OF DEFENSE John E. Hyten, Commander, U.S. information contained in the records Strategic Command, in consultation maintained in this system will be used Office of the Secretary with his legal advisor, has determined to conduct a rigorous study of the in writing that the public interest effectiveness of a low-cost, parent- U.S. Strategic Command Strategic requires that all sessions of this meeting focused text messaging intervention, Advisory Group; Notice of Advisory be closed to the public because they will meant to reduce elementary school Committee Closed Meeting be concerned with matters listed in 5 absenteeism and ultimately improve AGENCY: Office of the Chairman Joint U.S.C. 552b(c)(1). student achievement. Chiefs of Staff, Department of Defense. Written Statements: Pursuant to 41 DATES: Submit your comments on this ACTION: Notice of Advisory Committee CFR 102–3.140(c), the public or new system of records notice on or closed meeting. interested organizations may submit before May 14, 2018. written statements to the membership of This new system of records will SUMMARY: The Department of Defense is the Strategic Advisory Group at any become applicable upon publication in publishing this notice to announce that time or in response to the stated agenda the Federal Register on April 12, 2018, the following Federal Advisory of a planned meeting. Written unless the new system of records notice Committee meeting of the U.S. Strategic statements should be submitted to the needs to be changed as a result of public Command Strategic Advisory Group comment. The routine uses listed under will take place. Strategic Advisory Group’s Designated Federal Officer; the Designated Federal ‘‘ROUTINE USES OF RECORDS DATES: Day 1—Closed to the public MAINTAINED IN THE SYSTEM, Thursday, May 10, 2018, from 8:00 a.m. Officer’s contact information can be obtained from the GSA’s FACA INCLUDING CATEGORIES OF USERS to 4:00 p.m. and Day 2—Closed to the AND PURPOSES OF SUCH USES’’ will Database—http:// public Friday, May 11, 2018, from 8:00 become applicable on May 14, 2018, www.facadatabase.gov/. Written a.m. to 12:00 p.m. unless the new system of records notice statements that do not pertain to a ADDRESSES: Dougherty Conference needs to be changed as a result of public Center, Building 432, 906 SAC scheduled meeting of the Strategic comment. Boulevard, Offutt AFB, Nebraska 68113. Advisory Group may be submitted at The Department will publish any FOR FURTHER INFORMATION CONTACT: Mr. any time. However, if individual significant changes to the system of John L. Trefz, Jr., Designated Federal comments pertain to a specific topic records or routine uses that result from Officer, (402) 294–4102 (Voice), (402) being discussed at a planned meeting, public comment. 294–3128 (Facsimile), john.l.trefz.civ@ then these statements must be submitted ADDRESSES: Submit your comments mail.mil (Email). Mailing address is 901 no later than five business days prior to through the Federal eRulemaking Portal SAC Boulevard, Suite 1F7, Offutt AFB, the meeting in question. The Designated or via postal mail, commercial delivery, NE 68113–6030. Federal Officer will review all or hand delivery. We will not accept SUPPLEMENTARY INFORMATION: This submitted written statements and comments submitted by fax or by email meeting is being held under the provide copies to all the committee or those submitted after the comment provisions of the Federal Advisory members. period. To ensure that we do not receive Committee Act (FACA) of 1972 (5 U.S.C. Dated: April 9, 2018. duplicate copies, please submit your Appendix, as amended), the Shelly E. Finke, comments only once. In addition, please Government in the Sunshine Act of include the Docket ID at the top of your 1976 (5 U.S.C. 552b, as amended), and Alternate OSD Federal Register Liaison comments. Officer, Department of Defense. 41 CFR 102–3.140. This meeting is • Federal eRulemaking Portal: Go to being held under the provisions of the [FR Doc. 2018–07590 Filed 4–11–18; 8:45 am] www.regulations.gov to submit your FACA of 1972 (5 U.S.C. Appendix), the BILLING CODE 5001–06–P comments electronically. Information Government Sunshine Act of 1976 (5 on using Regulations.gov, including U.S.C. 552b), and 41 CFR 102–3.150. instructions for accessing agency

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15822 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

documents, submitting comments, and improve attendance? (3) Do adaptive Education Sciences Reform Act of 2002 viewing the docket, is available on the interventions (i.e., interventions that use (ESRA) (20 U.S.C. 9561(b) and 9563) site under the ‘‘help’’ tab. more or less intensive strategies based and section 8601 of the Elementary and • Postal Mail, Commercial Delivery, on how parents respond) have effects on Secondary Education Act of 1965, as or Hand Delivery: If you mail or deliver end-of-year attendance and achievement amended by the Every Student Succeeds your comments about this modified when compared to the districts’ usual Act (20 U.S.C. 7981) and the system of records, address them to: attendance related practices? (4) How is Consolidated and Further Continuing Project’s contracting officer the messaging intervention Appropriations Act, 2015 (Pub. L. 113– representative (COR), Institute of implemented and what are its costs? 235). Education Sciences, U.S. Department of Accessible Format: Individuals with Education, Potomac Center Plaza, Room disabilities can obtain this document in PURPOSE(S) OF THE SYSTEM: 4102, 550 12th Street SW, Washington, an accessible format (e.g., Braille, large The information contained in the DC 20202. print, audiotape, or compact disc) on records maintained in this system will Privacy Note: The Department’s request to the person listed under FOR be used to conduct a rigorous study of policy is to make all comments received FURTHER INFORMATION CONTACT. a low-cost, parent-focused text from members of the public available for Electronic Access to This Document: messaging intervention, meant to reduce public viewing in their entirety on the The official version of this document is elementary school absenteeism and Federal eRulemaking Portal at the document published in the Federal ultimately improve student www.regulations.gov. Therefore, Register. You may access the official achievement. commenters should be careful to edition of the Federal Register and the The study will address the following include in their comments only Code of Federal Regulations via the central research questions: (1) What is information that they wish to make Federal Digital System at: www.gpo.gov/ the impact on student attendance of publicly available. fdsys. At this site you can view this using text messaging to provide parents Assistance to Individuals with document, as well as all other with basic information related to Disabilities in Reviewing the documents of this Department attendance? (2) For parents who do not Rulemaking Record: On request, we will published in the Federal Register, in respond to the messaging strategies that provide an appropriate accommodation text or Portable Document Format provide basic information, does a more or auxiliary aid to an individual with a (PDF). To use PDF you must have intensive strategy work better to disability who needs assistance to Adobe Acrobat Reader, which is improve attendance? (3) Do adaptive review the comments or other available free at the site. interventions (i.e., interventions that use documents in the public rulemaking You may also access documents of the more or less intensive strategies based record for this notice. If you want to Department published in the Federal on how parents respond) have effects on schedule an appointment for this type of Register by using the article search end-of-year attendance and achievement accommodation or auxiliary aid, please feature at: www.federalregister.gov. when compared to the districts’ usual contact the person listed under FOR Specifically, through the advanced attendance related practices? (4) How is FURTHER INFORMATION CONTACT. search feature at this site, you can limit the messaging intervention your search to documents published by FOR FURTHER INFORMATION CONTACT: Dr. implemented and what are its costs? the Department. Meredith Bachman, Project’s COR, CATEGORIES OF INDIVIDUALS COVERED BY THE Dated: April 9, 2018. Institute of Education Sciences, U.S. SYSTEM: Thomas Brock, Department of Education, Potomac The system of records will include Center Plaza, Room 4102, 550 12th Commissioner, National Center for Education Research, Delegated the Duties of the Director individually identifying information Street SW, Washington, DC 20202, by about parents (or guardians) who telephone at 1–202–245–7494, or by of the Institute of Education Sciences. _ consent to participate in the study and email at IES [email protected]. SYSTEM NAME AND NUMBER their elementary school aged children. If you use a telecommunications The system will contain records on device for the deaf (TDD) or a text Impact Evaluation of Parent approximately 26,000 parents and telephone (TTY), you may call the Messaging Strategies on Student 30,000 students from 4 school districts. Federal Relay Service, at 1–800–877– Attendance (18–13–42). 8339. SECURITY CLASSIFICATION: CATEGORIES OF RECORDS IN THE SYSTEM: SUPPLEMENTARY INFORMATION: Unclassified. For parents or guardians this Introduction: The information information will include, but will not SYSTEM LOCATION: contained in the records maintained in necessarily be limited to, contact this system will be used to conduct a Evaluation Division, National Center information (name, phone number, and rigorous study of the effectiveness of a for Education Evaluation and Regional home address), gender, educational low-cost, parent-focused text messaging Assistance, Institute of Education background, employment status, and intervention, meant to reduce Sciences (IES), U.S. Department of primary language spoken at home. For elementary school absenteeism and Education (the Department), Potomac students this information will include, ultimately improve student Center Plaza, 550 12th Street SW, but will not necessarily be limited to, achievement. Washington, DC 20202. name, district-provided student ID, date The study will address the following SYSTEM MANAGER: of birth, gender, race/ethnicity, grade, central research questions: (1) What is Project’s COR, Institute of Education eligibility for free/reduced-price the impact on student attendance of Sciences, U.S. Department of Education, lunches, English Learner status, using text messaging to provide parents Potomac Center Plaza, Room 4102, 550 individualized education plan status, with basic information related to 12th Street SW, Washington, DC 20202. number of days absent (excused, attendance? (2) For parents who do not unexcused, and suspended), and math respond to the messaging strategies that AUTHORITY FOR MAINTENANCE OF THE SYSTEM: and reading assessment scores. Parents’ provide basic information, does a more The study is authorized under or guardians’ contact information will intensive strategy work better to ssections 171(b) and 173 of the be used to send out the text messages.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15823

Students’ identifying information will may disclose information from this RECORD ACCESS PROCEDURES: be collected to extract attendance and system of records to qualified If you wish to request access to your academic assessment information from researchers solely for the purpose of records, you must contact the system school district data sources. carrying out specific research that is manager at the address listed above. compatible with the purpose(s) of this Your requests must provide necessary RECORD SOURCE CATEGORIES: system of records. The researcher must particulars of your full name, address, The information contained in the agree to maintain safeguards to protect telephone number, and any other records maintained in this system will the security and confidentiality, identifying information requested by the be used to conduct a rigorous study of consistent with section 183(c) of the Department while processing the a low-cost, parent-focused text ESRA (20 U.S.C. 9573(c)) of the records request, to distinguish between messaging intervention, meant to reduce disclosed from the system. When individuals with the same name. Your elementary school absenteeism and personally identifiable information from request must meet the requirements of ultimately improve student a student’s education record will be regulations in 34 CFR 5b.5, including achievement. Data will be obtained on disclosed to the researcher, under proof of identity. all participating students and their FERPA (20 U.S.C. 1232g(b)), the parents or guardians through researcher also must agree to comply CONTESTING RECORD PROCEDURES: administrative records maintained by with the requirements in the applicable If you wish to contest the content of the school districts and through the FERPA exception to consent. a record regarding you in the system of administration of a survey to a subset of records, contact the system manager at approximately 2,000 parents or POLICIES AND PRACTICES FOR STORAGE OF the address listed above. Your request guardians. RECORDS: must meet the requirements of the regulations in 34 CFR 5b.7. ROUTINE USES OF RECORDS MAINTAINED IN THE Records in this system of records are SYSTEM, INCLUDING CATEGORIES OF USERS AND maintained in a secure, password- NOTIFICATION PROCEDURES: PURPOSES OF SUCH USES: protected electronic system. If you wish to inquire whether a The Department may disclose record exists regarding you in this information contained in a record in POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: system, you must contact the system this system of records under the routine manager at the address listed above. Records in this system will be uses listed in this system of records You must provide necessary particulars indexed and retrieved by a unique without the consent of the individual if of your full name, address, telephone number assigned to each individual that the disclosure is compatible with the number, and any other identifying will be cross-referenced by the purposes for which the record was information requested by the individual’s name on a separate list. collected. The Department may make Department while processing the these disclosures on a case-by-case basis request, to distinguish between or, if the Department has complied with POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: individuals with the same name. Your the computer matching requirements of request must meet the requirements of The Department shall submit a the Privacy Act of 1974, as amended the Department’s Privacy Act retention and disposition schedule that (Privacy Act), under a computer regulations at 34 CFR 5b.5, including covers the records contained in this matching agreement. Any disclosure of proof of identity. individually identifiable information system to the National Archives and from a record in this system must also Records Administration (NARA) for EXEMPTIONS PROMULGATED FOR THE SYSTEM: comply with the requirements of section review. The records will not be None. 183 of the ESRA (20 U.S.C. 9573) destroyed until such time as NARA providing for confidentiality standards approves said schedule. HISTORY: that apply to all collection, reporting, None. ADMINISTRATIVE, TECHNICAL, AND PHYSICAL and publication of data by the Institute [FR Doc. 2018–07641 Filed 4–11–18; 8:45 am] SAFEGUARDS: of Education Sciences. Any disclosure BILLING CODE 4000–01–P of personally identifiable information Security protocols for this system of from student education records that records meet all required security were obtained from school districts standards issued by the National DEPARTMENT OF ENERGY must also comply with the requirements Institute of Standards and Technology of the Family Educational Rights and (NIST). The secure, password protected Federal Energy Regulatory Privacy Act (FERPA) (20 U.S.C. 1232g; electronic system utilizes security Commission 34 CFR part 99), which protects the hardware and software to include privacy of student education records. multiple firewalls, active intruder [Docket Nos. PR17–60–001; PR17–60–002] (1) Contract Disclosure. If the detection, and role-based access Atmos Pipeline-Texas; Notice of Department contracts with an entity for controls. All physical access to the Technical Conference the purposes of performing any function Department’s site, where this system of that requires disclosure of records in records will be maintained, is controlled Take notice that an informal technical this system to employees of the and monitored by security personnel. conference concerning the above- contractor, the Department may disclose The computer system employed by the captioned proceedings will be convened the records to those employees. As part Department offers a high degree of by phone on April 18, 2018, at 2:00 p.m. of such a contract, the Department will resistance to tampering and (EDT). The purpose of the require the contractor to agree to circumvention. This security system teleconference will be to discuss maintain safeguards to protect the limits data access to Department and comments filed in the proceeding. security and confidentiality of the contract staff on a need-to-know basis All interested parties are invited to records disclosed from the system. and controls individual users’ ability to participate by phone. Please email (2) Research Disclosure. The Director access and alter records within the Deirdra Archie at deirdra.archie@ of the Institute of Education Sciences system. ferc.gov or call (202) 502–6819 by

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15824 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Tuesday, April 17, 2018, to RSVP and FERC Online Support by email at • It will treat firm power wholesale to receive specific instructions on how [email protected], or by phone customers without undue to participate. at: (866) 208–3676 (toll-free), or (202) discrimination or preference; and • Dated: April 6, 2018. 502–8659 for TTY. it will report any modifications to Kimberly D. Bose, Docket: Users interested in receiving its contingency plan for accommodating automatic notification of activity in this shortages within 15 days to the Secretary. docket or in viewing/downloading appropriate state regulatory agency and [FR Doc. 2018–07552 Filed 4–11–18; 8:45 am] comments and issuances in this docket to the affected wholesale customers, BILLING CODE 6717–01–P may do so at http://www.ferc.gov/docs- then the utility need not file with the filing/docs-filing.asp. Commission an additional statement of contingency plan for accommodating DEPARTMENT OF ENERGY FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email such shortages. Federal Energy Regulatory at [email protected], telephone This revision merely changed the Commission at (202) 502–8663, and fax at (202) 273– reporting mechanism; the public 0873. utility’s contingency plan would be [Docket No. IC18–11–000] SUPPLEMENTARY INFORMATION: located in its filed rate rather than in a Commission Information Collection Title: FERC–585 (Reporting of Electric separate document. Activities (FERC–585); Comment Energy Shortages and Contingency In Order No. 659,3 the Commission Request; Extension Plans Under PURPA 1 Section 206). modified the reporting requirements in OMB Control No.: 1902–0138. 18 CFR 294.101(e) to provide that the AGENCY: Federal Energy Regulatory Type of Request: Three-year extension means by which public utilities must Commission. of the FERC–585 information collection comply with the requirements to report ACTION: Notice of information collection requirements with no changes to the shortages and anticipated shortages is to and request for comments. current reporting requirements. submit this information electronically Abstract: The Commission uses the using the Office of Electric Reliability’s SUMMARY: In compliance with the information collected under the pager system at [email protected] in requirements of the Paperwork requirements of FERC–585 ‘‘Reporting lieu of submitting an original and two Reduction Act of 1995, the Federal of Electric Energy Shortages and copies with the Secretary of the Energy Regulatory Commission Contingency Plans under Public Utility Commission. (Commission or FERC) is soliciting Regulatory Policies Act of 1979’’ to The Commission uses the information public comment on the currently implement the statutory provisions of to evaluate and formulate an approved information collection, FERC– Section 206 of PURPA. Section 206 of appropriate option for action in the 585 (Reporting of Electric Energy PURPA amended the Federal Power Act event an unanticipated shortage is Shortages and Contingency Plans Under (FPA) by adding a new subsection (g) to reported and/or materializes. Without PURPA Section 206). section 202, under which the this information, the Commission and DATES: Comments on the collection of Commission, by rule, was to require State agencies would be unable to: information are due June 11, 2018. each public utility to report to the • Examine and approve or modify ADDRESSES: You may submit comments Commission and any appropriate state utility actions; (identified by Docket No. IC18–11–000) regulatory authority: • prepare a response to anticipated by either of the following methods: • Any anticipated shortages of disruptions in electric energy; and/or • eFiling at Commission’s Website: electric energy or capacity which would • ensure equitable treatment of all http://www.ferc.gov/docs-filing/ affect the utility’s capability to serve its public utility customers under the efiling.asp. wholesale customers; and shortage situations. • Mail/Hand Delivery/Courier: • a contingency plan that would The Commission implements these Federal Energy Regulatory Commission, outline what circumstances might give filing requirements in the Code of Secretary of the Commission, 888 First rise to such occurrences. Federal Regulations (CFR) under 18 CFR Street NE, Washington, DC 20426. In Order No. 575,2 the Commission part 294.101. Instructions: All submissions must be modified the reporting requirements in Type of Respondents: Public Utilities. formatted and filed in accordance with 18 CFR 294.101(b) to provide that, if a Estimate of Annual Burden: 4 The submission guidelines at: http:// public utility includes in its rates Commission estimates the annual public www.ferc.gov/help/submission- schedule, provisions that during electric reporting burden for the information guide.asp. For user assistance contact energy and capacity shortages: collection as:

REPORTING OF ELECTRIC ENERGY SHORTAGES AND CONTINGENCY PLANS UNDER PURPA

Annual number Total number of Average burden & cost per Total annual burden hours & Cost per Number of respondents of responses per 5 respondent responses response total annual cost respondent

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

1 ...... 1 1 73 hrs.; $5,585 ...... 73 hrs.; $5,585 ...... $5,585

1 PURPA = Public Utility Regulatory Policies Act 3 Final Rule in Docket RM05–19–000, issued on information to or for a Federal agency. For further of 1979 (Pub. L. 95–617, 92 Statute 3117), enacted 5/27/2005. explanation of what is included in the information 11/9/1978. 4 ‘‘Burden’’ is defined as the total time, effort, or collection burden, reference 5 Code of Federal 2 Final Rule in Docket RM92–12–000, issued on financial resources expended by persons to Regulations 1320.3. 1/13/1995. generate, maintain, retain, or disclose or provide

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15825

Comments: Comments are invited on: Reduction Act of 1995, the Federal Title: FERC–566 (Annual Report of a (1) Whether the collection of Energy Regulatory Commission Utility’s 20 Largest Purchasers). information is necessary for the proper (Commission or FERC) is soliciting OMB Control No.: 1902–0114. performance of the functions of the public comment on the currently Type of Request: Three-year extension Commission, including whether the approved information collection, FERC– of the FERC–566 information collection information will have practical utility; 566 (Annual Report of a Utility’s 20 requirements with no changes to the (2) the accuracy of the agency’s estimate Largest Purchasers). current reporting requirements. of the burden and cost of the collection DATES: Comments on the collection of Abstract: The Federal Power Act of information, including the validity of information are due June 11, 2018. (FPA), as amended by the Public Utility the methodology and assumptions used; Regulatory Policies Act of 1978 ADDRESSES: You may submit comments (3) ways to enhance the quality, utility (identified by Docket No. IC18–12–000) (PURPA), mandates federal oversight and clarity of the information collection; by either of the following methods: and approval of certain electric and (4) ways to minimize the burden of corporate activities to ensure that • eFiling at Commission’s Website: the collection of information on those neither public nor private interests are http://www.ferc.gov/docs-filing/ who are to respond, including the use adversely affected. Accordingly, the efiling.asp. of automated collection techniques or FPA proscribes related information • Mail/Hand Delivery/Courier: other forms of information technology. filing requirements to achieve this goal. Federal Energy Regulatory Commission, Such filing requirements are found in Dated: April 6, 2018. Secretary of the Commission, 888 First the Code of Federal Regulations (CFR), Kimberly D. Bose, Street NE, Washington, DC 20426. specifically in 18 CFR 131.31, and serve Secretary. Instructions: All submissions must be as the basis for the FERC–566. formatted and filed in accordance with [FR Doc. 2018–07555 Filed 4–11–18; 8:45 am] FERC–566 implements FPA submission guidelines at: http:// BILLING CODE 6717–01–P requirements that each public utility www.ferc.gov/help/submission- annually publish a list of the 20 guide.asp. For user assistance contact purchasers which purchased the largest DEPARTMENT OF ENERGY FERC Online Support by email at annual amounts of electric energy sold [email protected], or by phone by such public utility during any of the Federal Energy Regulatory at: (866) 208–3676 (toll-free), or (202) three previous calendar years. The Commission 502–8659 for TTY. public disclosure of this information [Docket No. IC18–12–000] Docket: Users interested in receiving provides the information necessary to automatic notification of activity in this determine whether an interlocked Commission Information Collection docket or in viewing/downloading position is with any of the 20 largest Activities (FERC–566); Comment comments and issuances in this docket purchasers of electric energy. Similar to Request; Extension may do so at http://www.ferc.gov/docs- the Form 561,1 the FPA identifies who filing/docs-filing.asp. AGENCY: Federal Energy Regulatory must file the FERC–566 report and sets Commission. FOR FURTHER INFORMATION CONTACT: the filing deadline. Ellen Brown may be reached by email ACTION: Notice of information collection Type of Respondents: Public utility. at [email protected], telephone 2 and request for comments. Estimate of Annual Burden: The at (202) 502–8663, and fax at (202) 273– Commission estimates the annual public SUMMARY: In compliance with the 0873. reporting burden for the information requirements of the Paperwork SUPPLEMENTARY INFORMATION: collection as:

FERC–566 (ANNUAL REPORT OF A UTILITY’S 20 LARGEST PURCHASERS)

Annual Average Total annual Cost per Number of number of Total number burden & cost per burden hours respondent respondents responses per of responses 3 & total respondent response annual cost ($)

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

FERC–566 ...... 300 1 300 4 hrs.; $306 ...... 1,200 hrs.; $91,800 .. $306

Comments: Comments are invited on: (2) the accuracy of the agency’s estimate and (4) ways to minimize the burden of (1) Whether the collection of of the burden and cost of the collection the collection of information on those information is necessary for the proper of information, including the validity of who are to respond, including the use performance of the functions of the the methodology and assumptions used; of automated collection techniques or Commission, including whether the (3) ways to enhance the quality, utility other forms of information technology. information will have practical utility; and clarity of the information collection;

5 The estimates for cost per response are derived 1 FERC Form No. 561 (Annual Report of 3 The estimates for cost per response are derived using the following formula: Average Burden Hours Interlocking Directorates), OMB Control No. 1902– using the following formula: Average Burden Hours per Response * $76.50 per Hour = Average Cost per 0099. per Response * $76.50 per Hour = Average Cost per Response. The figure comes from the 2017 FERC 2 ‘‘Burden’’ is defined as the total time, effort, or Response. The figure comes from the 2017 FERC average hourly cost (for wages and benefits) of financial resources expended by persons to average hourly cost (for wages and benefits) of $76.50 (and an average annual salary of $158,754). generate, maintain, retain, or disclose or provide $76.50 (and an average annual salary of $158,754). Commission staff is using the FERC average salary information to or for a Federal agency. For further Commission staff is using the FERC average hourly because we consider any reporting completed in explanation of what is included in the information cost because we consider any reporting completed response to the FERC–585 to be compensated at collection burden, reference 5 Code of Federal in response to the FERC–566 to be compensated at rates similar to the work of FERC employees. Regulations 1320.3. rates similar to the work of FERC employees.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15826 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Dated: April 6, 2018. DEPARTMENT OF ENERGY intent must meet the requirements of 18 Kimberly D. Bose, CFR 4.36. Secretary. Federal Energy Regulatory The Commission strongly encourages Commission electronic filing. Please file comments, [FR Doc. 2018–07556 Filed 4–11–18; 8:45 am] motions to intervene, notices of intent, BILLING CODE 6717–01–P [Project No. 14873-000] and competing applications using the Commission’s eFiling system at http:// Nushagak Cooperative, Inc.; Notice of www.ferc.gov/docs-filing/efiling.asp. DEPARTMENT OF ENERGY Preliminary Permit Application Commenters can submit brief comments Accepted for Filing and Soliciting up to 6,000 characters, without prior Federal Energy Regulatory Comments, Motions To Intervene, and registration, using the eComment system Commission Competing Applications at http://www.ferc.gov/docs-filing/ ecomment.asp. You must include your [Docket No. RA16–1–000] On March 22, 2018, Nushagak Cooperative, Inc. filed an application for name and contact information at the end a preliminary permit, pursuant to of your comments. For assistance, Tektronix, Inc.; Notice of Termination please contact FERC Online Support at of Proceeding section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility [email protected], (866) of the Nuyakuk River Hydroelectric 208–3676 (toll free), or (202) 502–8659 On May 20, 2016, Tektronix, Inc. (TTY). In lieu of electronic filing, please Project (Nuyakuk River Project or (Tektronix) filed a Petition for Review of send a paper copy to: Secretary, Federal project) to be located on the Nuyakuk Denial of Adjustment Request, Request Energy Regulatory Commission, 888 River, near Dillingham, Alaska. The sole for Hearing, and Request for First Street NE, Washington, DC 20426. purpose of a preliminary permit, if Confidential Treatment (Petition) under The first page of any filing should issued, is to grant the permit holder Subpart J of the Commission’s Rules of include docket number P–14873–000. priority to file a license application Practice and Procedure.1 Tektronix’s More information about this project, during the permit term. A preliminary Petition alleged that the Department of including a copy of the application, can permit does not authorize the permit be viewed or printed on the ‘‘eLibrary’’ Energy (DOE) Office of Hearings and holder to perform any land-disturbing Appeals (OHA) improperly denied link of Commission’s website at http:// activities or otherwise enter upon lands www.ferc.gov/docs-filing/elibrary.asp. applications for various forms of relief or waters owned by others without the from DOE energy conservation Enter the docket number (P–14873) in owners’ express permission. The project the docket number field to access the standards applicable to external power would utilize approximately 218 acres supplies. document. For assistance, contact FERC of land owned by the U.S. Bureau of Online Support. On January 19, 2018, the Land Management. Dated: April 6, 2018. Administrative Law Judge designated to The proposed project would consist of serve as the presiding officer, Judge the following new facilities: (1) A 100- Kimberly D. Bose, David H. Coffman, issued a Report to foot-long, 20-foot-high intake structure; Secretary. the Commission and reported that on (2) a 1,200-foot-long, 50-foot-wide by [FR Doc. 2018–07558 Filed 4–11–18; 8:45 am] January 16, 2018, Tektronix and DOE 15-feet-tall concrete-lined power BILLING CODE 6717–01–P filed a Joint Notice of Satisfaction conduit; (3) a 100-foot-wide by 100-foot- long powerhouse forebay with a surface representing that OHA vacated its DEPARTMENT OF ENERGY orders denying Tektronix’s applications area of 0.23 acres; (4) a 100-foot-wide by 60-foot-long concrete powerhouse for relief. Accordingly, consistent with Federal Energy Regulatory containing two 5 megawatt (MW) bulb- the Proposed Settlement filed on Commission type turbines for a total installed November 20, 2017, the Judge deemed capacity of 10 MW; (5) a 100-foot-wide, [Docket Nos. EL18–126–000; EL18–127–000; the Petition and Tektronix’s 500-foot-long tailrace discharging to the EL18–128–000; EL18–129–000; EL18–130– applications to OHA to be withdrawn. Nuyakuk River; (6) a project substation; 000] Take notice that the proceeding in (7) a 135-mile-long, 25 kilovolt Ontelaunee Power Operating Docket No. RA16–1–000 is, as a transmission line extending from the Company, LLC; Liberty Electric Power, substation to the communities of consequence, deemed terminated. LLC; Dynegy Hanging Rock II, LLC; Aleknagik, Koliganek, Stuyahok, Ekwok, Dated: April 6, 2018. Dynegy Washington II, LLC; Dynegy and Levelock; and (8) appurtenant Fayette II, LLC; Notice of Institution of Kimberly D. Bose, facilities. The estimated annual Secretary. Section 206 Proceeding and Refund generation of the Nuyakuk River Project Effective Date [FR Doc. 2018–07559 Filed 4–11–18; 8:45 am] would be 72.8 gigawatt-hours. BILLING CODE 6717–01–P Applicant Contact: Mr. Bobby On April 5, 2018, the Commission Armstrong, Nushagak Cooperative, Inc., issued an order in Docket Nos. EL18– P.O. Box 530, Dillingham, AK 99576; 126–000, EL18–127–000, EL18–128– phone: (907) 842–5251. 000, EL18–129–000, and EL18–130–000, FERC Contact: Julia Kolberg, phone: pursuant to section 206 of the Federal (202) 502–8261 or email: Julia.kolberg@ Power Act (FPA), 16 U.S.C. 824e (2012), ferc.gov. instituting an investigation into whether Deadline for filing comments, motions Ontelaunee Power Operating Company, to intervene, competing applications LLC, Liberty Electric Power, LLC, (without notices of intent), or notices of Dynegy Hanging Rock II, LLC, Dynegy intent to file competing applications: 60 Washington II, LLC, and Dynegy Fayette Days from the issuance of this notice. II, LLC’s reactive power rates may be 1 18 CFR 385.1004 and 385.1006 (2017). Competing applications and notices of unjust and unreasonable. Ontelaunee

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15827

Power Operating Company, LLC, et al., Take notice that the proceeding in DEPARTMENT OF ENERGY 163 FERC ¶ 61, 014 (2018). Docket No. RA16–2–000 is, as a The refund effective date in Docket consequence, deemed terminated. Federal Energy Regulatory Commission Nos. EL18–126–000, EL18–127–000, Dated: April 6, 2018. EL18–128–000, EL18–129–000, and EL18–130–000, established pursuant to Kimberly D. Bose, Notice of Attendance at PJM section 206(b) of the FPA, will be the Secretary. Interconnection, L.L.C. Meetings date of publication of this notice in the [FR Doc. 2018–07553 Filed 4–11–18; 8:45 am] The Federal Energy Regulatory Federal Register. BILLING CODE 6717–01–P Commission (Commission) hereby gives Any interested person desiring to be notice that members of the Commission heard in Docket Nos. EL18–126–000, and Commission staff may attend EL18–127–000, EL18–128–000, EL18– DEPARTMENT OF ENERGY upcoming PJM Interconnection, L.L.C. 129–000, and EL18–130–000 must file a (PJM) Members Committee and Markets notice of intervention or motion to Federal Energy Regulatory and Reliability Committee meetings, as intervene, as appropriate, with the Commission well as other PJM committee, Federal Energy Regulatory Commission, subcommittee or task force meetings.1 888 First Street NE, Washington, DC [Docket No. RA16–3–000] The Commission and Commission staff 20426, in accordance with Rule 214 of may attend the following meetings: the Commission’s Rules of Practice and Avocent Corporation; Notice of Procedure, 18 CFR 385.214, within 21 Termination of Proceeding PJM Members Committee days of the date of issuance of the order. • April 19, 2018 (Wilmington, DE) • Dated: April 6, 2018. On August 4, 2016, Avocent May 14–16, 2018 (National Harbor, Kimberly D. Bose, Corporation (Avocent) filed a Petition MD) for Review of Denial of Adjustment • June 21, 2018 (Wilmington, DE) Secretary. Request, Request for Hearing, and • July 26, 2018 (Wilmington, DE) [FR Doc. 2018–07554 Filed 4–11–18; 8:45 am] Request for Confidential Treatment • September 27, 2018 (Audubon, PA) BILLING CODE 6717–01–P (Petition) under Subpart J of the • October 25, 2018 (Wilmington, DE) Commission’s Rules of Practice and • December 6, 2018 (Wilmington, DE) DEPARTMENT OF ENERGY Procedure.1 Avocent’s Petition alleged PJM Markets and Reliability Committee that the Department of Energy (DOE) • April 19, 2018 (Wilmington, DE) Federal Energy Regulatory Office of Hearings and Appeals (OHA) • May 24, 2018 (Wilmington, DE) Commission inappropriately denied Avocent’s • June 21, 2018 (Wilmington, DE) February 9, 2016 applications for • July 26, 2018 (Wilmington, DE) [Docket No. RA16–2–000] various forms of relief from DOE energy • August 23, 2018 (Audubon, PA) conservation standards applicable to • September 27, 2018 (Audubon, PA) Fluke Corporation; Notice of external power supplies. • October 25, 2018 (Wilmington, DE) Termination of Proceeding On March 23, 2017, the • December 6, 2018 (Wilmington, DE) • On July 8, 2016, Fluke Corporation Administrative Law Judge designated to December 20, 2018 (Audubon, PA) (Fluke) filed a Petition for Review of serve as the presiding officer, Judge PJM Market Implementation Committee Denial of Adjustment Request, Request David H. Coffman, issued a Report to • for Hearing, and Request for the Commission and reported that on May 2, 2018 (Audubon, PA) • June 6, 2018 (Audubon, PA) Confidential Treatment (Petition) under March 17, 2017, Avocent and DOE filed • July 11, 2018 (Audubon, PA) Subpart J of the Commission’s Rules of a Joint Notice of Satisfaction • August 8, 2018 (Audubon, PA) Practice and Procedure.1 Fluke’s representing that OHA vacated its • September 12, 2018 (Audubon, PA) Petition alleged that the Department of orders denying Avocent’s applications • October 10, 2018 (Audubon, PA) Energy (DOE) Office of Hearings and for relief. Accordingly, consistent with • November 7, 2018 (Audubon, PA) Appeals (OHA) inappropriately denied the Proposed Settlement filed on • December 12, 2018 (Audubon, PA) applications for various forms of relief February 6, 2017, the Judge deemed the from DOE energy conservation The discussions at each of the Petition and Avocent’s applications to meetings described above may address standards applicable to external power OHA to be withdrawn. supplies. matters at issue in pending proceedings On January 19, 2018, the Take notice that the proceeding in before the Commission, including the Administrative Law Judge designated to Docket No. RA16–3–000 is, as a following currently pending serve as the presiding officer, Judge consequence, deemed terminated. proceedings: David H. Coffman, issued a Report to Dated: April 6, 2018. Docket No. EL05–121, PJM Interconnection, L.L.C. the Commission and reported that on Kimberly D. Bose, January 16, 2018, Fluke and DOE filed Docket No. ER12–2708, Potomac- Secretary. a Joint Notice of Satisfaction Appalachian Transmission Highline, representing that OHA vacated its [FR Doc. 2018–07560 Filed 4–11–18; 8:45 am] LLC. et al. orders denying Fluke’s applications for BILLING CODE 6717–01–P relief. Accordingly, consistent with the 1 For example, PJM subcommittees and task forces of the standing committees (Operating, Proposed Settlement filed on November Planning and Market Implementation) and senior 20, 2017, the Judge deemed the Petition standing committees (Members and Markets and and Fluke’s applications to OHA to be Reliability) meet on a variety of different topics; withdrawn. they convene and dissolve on an as-needed basis. Therefore, the Commission and Commission staff may monitor the various meetings posted on the 1 18 CFR 385.1004 and 385.1006 (2017). 1 18 CFR 385.1004 and 385.1006 (2017). PJM website.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15828 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Docket No. ER13–535, PJM Docket Nos. ER17–214, ER17–216, PJM Docket No. ER18–934, PJM Interconnection, L.L.C. Interconnection, L.L.C. Interconnection, L.L.C. Docket No. EL14–37, PJM Docket No. ER17–217, PJM Docket No. ER18–680, PJM Interconnection, L.L.C. Interconnection, L.L.C. Interconnection, L.L.C. Docket No. ER14–972, PJM Docket No. ER17–349, PJM Docket No. ER18–870, PJM Interconnection, L.L.C. Interconnection, L.L.C. Interconnection, L.L.C. Docket Nos. ER14–1461, EL14–48, PJM Docket No. ER17–725, PJM Docket No. ER18–988, PJM Interconnection, L.L.C. Interconnection, L.L.C. Interconnection, L.L.C. Docket No. EL15–18, Consolidated Docket No. ER17–775, PJM Docket No. ER18–1131, PJM Edison Company of New York, Inc. v. Interconnection, L.L.C. Interconnection, L.L.C. PJM Interconnection, L.L.C. Docket No. ER17–905, New York Docket No. ER18–1148, PJM Docket No. EL15–67, Linden VFT, LLC Independent System Operator, Inc. v. Interconnection, L.L.C. v. PJM Interconnection, L.L.C. PJM Interconnection, L.L.C. Docket No. ER18–1175, PJM Docket Nos. EL15–73, ER16–372, PJM Docket No. ER17–950, PJM Interconnection, L.L.C. Interconnection, L.L.C. Interconnection, L.L.C. Docket No. ER18–1245, PJM Docket No. EL15–79, TranSource, LLC Docket No. ER17–1016, PJM Interconnection, L.L.C. v. PJM Interconnection, L.L.C. Interconnection, L.L.C. For additional meeting information, Docket No. EL15–95, Maryland and Docket No. ER17–1138, PJM see: http://www.pjm.com/committees- Delaware State Commissions v. PJM Interconnection, L.L.C. and-groups.aspx and http:// Interconnection, L.L.C. Docket No. ER17–1420, PJM www.pjm.com/Calendar.aspx. Docket No. ER15–1387, PJM Interconnection, L.L.C. The meetings are open to Interconnection, L.L.C. Docket No. ER17–1567, PJM stakeholders. For more information, Docket Nos. ER15–2562, ER15–2563, Interconnection, L.L.C. contact Valerie Martin, Office of Energy PJM Interconnection, L.L.C. Docket No. ER17–2073, PJM Market Regulation, Federal Energy Docket No. EL16–49, Calpine Interconnection, L.L.C. Regulatory Commission at (202) 502– Corporation, et al., v. PJM Docket No. ER17–2267, PJM 6139 or [email protected]. Interconnection, L.L.C. Interconnection, L.L.C. Dated: April 6, 2018. Docket Nos. EL16–71, ER17–179, Docket No. ER17–2218, PJM Monongahela Power Company, et al., Interconnection, L.L.C. Kimberly D. Bose, PPL Electric Utilities Corporation Docket No. ER17–2220, Midcontinent Secretary. Docket Nos. EL16–96, ER16–736, ER16– Independent System Operator, Inc. [FR Doc. 2018–07557 Filed 4–11–18; 8:45 am] 2401, PJM Interconnection, L.L.C. Docket No. ER17–2291, PJM BILLING CODE 6717–01–P Docket No. EL17–22, Independent Interconnection, L.L.C. Market Monitor for PJM Docket No. EL18–7, American Electric Interconnection, L.L.C. v. American Power Service Corporation v. ENVIRONMENTAL PROTECTION Electric Power Corporation Midcontinent Independent System AGENCY Operator, Inc. Docket No. EL17–31, Northern Illinois [FRL 9976–67–OW] Municipal Power Agency v. PJM Docket No. EL18–26, EDF Renewable Interconnection, L.L.C. Energy, Inc. v. Midcontinent Notice of Funding Availability (NOFA) Docket No. EL17–32, Old Dominion Independent System Operator, Inc., for Applications for Credit Assistance Electric Cooperative v. PJM Southwest Power Pool, Inc. and PJM Under the Water Infrastructure Finance Interconnection, L.L.C. Interconnection, L.L.C. and Innovation Act (WIFIA) Program Docket No. EL17–36, Advanced Energy Docket No. EL18–34, PJM Management Alliance v. PJM Interconnection, L.L.C. AGENCY: Environmental Protection Interconnection, L.L.C. Docket No. EL18–61, Public Citizen, Inc. Agency (EPA). Docket No. EL17–37, American v. PJM Interconnection, L.L.C. ACTION: Notice of funding availability. Municipal Power, Inc. v. PJM Docket No. ER18–86, PJM Interconnection, L.L.C. Interconnection, L.L.C. SUMMARY: In the Consolidated Docket No. EL17–62, Potomac Docket No. ER18–87, PJM Appropriations Act, 2018, signed by the Economics, Ltd. v. PJM Interconnection, L.L.C. President on March 23, 2018, Congress Interconnection, L.L.C. Docket No. ER18–88, PJM provided at least $55 million in budget Docket No. EL17–64, Energy Storage Interconnection, L.L.C. authority for the Water Infrastructure Association v. PJM Interconnection, Docket No. ER18–136, Midcontinent Finance and Innovation Act of 2014 L.L.C. Independent System Operator, Inc. (WIFIA) program to cover the subsidy Docket No. EL17–65, Renewable Energy Docket No. ER18–137, PJM required to provide a much larger Systems America v. PJM Interconnection, L.L.C. amount of credit assistance. The Interconnection, L.L.C. Docket No. ER18–815, PJM Environmental Protection Agency (EPA) Docket No. EL17–68, Linden VFT, LLC Interconnection, L.L.C. estimates that this budget authority may v. PJM Interconnection, L.L.C. Docket Nos. ER18–459, ER18–460, PJM provide approximately $5.5 billion in Docket No. EL17–75, Advanced Energy Interconnection, L.L.C. and Ohio credit assistance and may finance Economy Valley Electric Corporation approximately $11 billion in water Docket No. EL17–82, The Independent Docket No. ER18–579, PJM infrastructure investment, while Market Monitor for PJM v. PJM Interconnection, L.L.C. covering increased costs associated with Interconnection, L.L.C. Docket No. ER18–614, PJM implementing a larger program. The Docket No. EL17–94, New York Power Interconnection, L.L.C. purpose of this notice of funding Authority v. PJM Interconnection, Docket No. ER18–663, PJM availability (NOFA) is to solicit letters of L.L.C. and PJM Transmission Owners Interconnection, L.L.C. interest (LOIs) from prospective Docket No. ER17–211, Mid-Atlantic Docket No. ER18–932, PJM borrowers seeking credit assistance from Interstate Transmission, LLC Interconnection, L.L.C. EPA.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15829

DATES: The LOI submittal period will provides additional details on the approximately $5.5 billion 1 in long- begin on April 12, 2018 and end at 12 contents of the LOIs. term, low-cost financing to water and p.m. (noon) EDT on July 6, 2018. EPA will invite each prospective wastewater projects and accelerate ADDRESSES: Prospective borrowers borrower whose project proposal is approximately $11 billion in should submit all LOIs electronically selected for continuation in the process infrastructure investment around the via email at: [email protected] or via EPA’s to submit a final application. Final country. SharePoint site. To be granted access to applications should be received by EPA Recognizing the need that exists in the SharePoint site, prospective within 365 days of the invitation to both small and large communities to borrowers should contact [email protected] apply. invest in infrastructure, Congress and request a link to the SharePoint site, stipulated in statute that EPA set aside EPA will host a series of webinars to 15% of the budget authority where they can securely upload their provide further information about LOIs. Requests to upload documents appropriated each year for small submitting a LOI. The webinar schedule communities, defined as systems that should be made no later than 12:00 p.m. and registration directions can be found (noon) EDT on July 3, 2018. serve a population of less than 25,000. on the WIFIA program website: Of the funds set aside, any amount not EPA will notify prospective borrowers www.epa.gov/wifia. obligated by June 1 of the fiscal year for that their letter of interest has been Prospective borrowers with questions which budget authority is set aside may received via a confirmation email. about the program or interest in meeting be used for any size community. Prospective borrowers can access with WIFIA program staff may send a Regardless of whether EPA obligates additional information, including the request to [email protected]. EPA will meet these funds by June 1 of the fiscal year WIFIA program handbook and with all prospective borrowers for which budget authority is set aside, application materials, on the WIFIA interested in discussing the program, EPA will endeavor to use 15% of its website: https://www.epa.gov/wifia/. but only prior to submission of a LOI. budget authority for small communities. SUPPLEMENTARY INFORMATION: EPA will In addition to assisting both large and Table of Contents evaluate and select proposed projects small projects and communities, WIFIA described in the LOIs using the I. Background may be an attractive borrowing selection criteria established in statute II. Program Funding mechanism for a variety of different and regulation, and further described in III. Eligibility Requirements borrower and credit types. EPA this NOFA as well as the WIFIA IV. Types of Credit Assistance anticipates that municipalities, private V. Letters of Interest and Applications program handbook. This NOFA VI. Fees entities, project financings, and State establishes relative weights that will be VII. Selection Criteria Revolving Fund programs will benefit used in the current LOI submittal period from the low cost and debt structuring for the selection criteria and outlines the I. Background flexibilities that WIFIA loans can offer. process that prospective borrowers Congress enacted WIFIA as part of the should follow to be considered for III. Eligibility Requirements Water Resources Reform and WIFIA credit assistance. In addition, The WIFIA statute and implementing Development Act of 2014 (WRRDA). EPA reserves the right to make rules set forth eligibility requirements Codified at 33 U.S.C. 3901–3914, WIFIA additional awards under this for prospective borrowers, projects, and authorizes a federal credit program for announcement, consistent with Agency project costs. The requirements outlined water infrastructure projects to be policy and guidance, if additional below are described in greater detail in administered by EPA. WIFIA authorizes funding is available after the original the WIFIA program handbook. EPA to provide federal credit assistance selections are made. in the form of secured (direct) loans or A. Eligible Applicants For a project to be considered during loan guarantees for eligible water Prospective borrowers must be one of a selection round, EPA should receive a infrastructure projects. LOI, preferably via email or SharePoint, the following in order to be eligible for before the corresponding deadline listed The WIFIA program’s mission is to WIFIA credit assistance: above. EPA is only able to accept emails accelerate investment in our nation’s (i) A corporation; of 25 MB or smaller with unzipped water and wastewater infrastructure by (ii) A partnership; attachments. If necessary due to size providing long-term, low-cost, (iii) A joint venture; restrictions, prospective borrowers may supplemental credit assistance under (iv) A trust; submit attachments separately, as long customized terms to creditworthy (v) A Federal, State, or local as they are received by the deadline. drinking water and wastewater governmental entity, agency, or When writing a LOI, prospective infrastructure projects of national and instrumentality; borrowers should fill out the WIFIA regional significance. (vi) A tribal government or a consortium of tribal governments; or Letter of Interest form and follow the II. Program Funding guidelines contained on the WIFIA (vii) A State infrastructure financing program website: https://www.epa.gov/ Congress appropriated at least $55 authority. wifia/wifia-application-materials-and- million in funding to cover the subsidy B. Eligible Projects resources. Prospective borrowers should cost of providing WIFIA credit The WIFIA statute authorizes EPA to provide the LOI and any attachments as assistance. The subsidy cost covers the provide credit assistance for a wide Microsoft Word documents or Federal government’s risk that the loan may not be paid back. EPA anticipates searchable PDF files, whenever possible, 1 This estimated loan volume is provided for to facilitate EPA’s review. Additionally, that the average subsidy cost for WIFIA- reference only. Consistent with the Federal Credit prospective borrowers should ensure funded projects will be relatively low, Reform Act of 1990 and the requirements of the that financial information, including the therefore, this funding can be leveraged Office of Management and Budget, the actual into a much larger amount of credit subsidy cost of providing credit assistance is based pro forma financial statement, is in a on individual project characteristics and calculated formula-based Microsoft Excel assistance. EPA estimates that this on a project-by-project basis. Thus, actual lending document. Section V of this NOFA appropriation will allow it to provide capacity may vary.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15830 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

variety of projects. Projects must be one necessary to carry out an eligible with Federal requirements and of the following in order to be eligible project), revenue forecasting, regulations, including (but not limited for WIFIA credit assistance: environmental review, permitting, to): (i) One or more activities that are preliminary engineering and design (i) American Iron and Steel eligible for assistance under section work, and other preconstruction Requirement, 33 U.S.C. 3914, https:// 603(c) of the Federal Water Pollution activities; www.epa.gov/cwsrf/state-revolving- Control Act (33 U.S.C. 1383(c)), (ii) Construction, reconstruction, fund-american-iron-and-steel-ais- notwithstanding the public ownership rehabilitation, and replacement requirement; requirement under paragraph (1) of that activities; (ii) Labor Standards, 33 U.S.C. 1372, subsection; (iii) The acquisition of real property https://www.dol.gov/whd/govcontracts/ (ii) One or more activities described or an interest in real property (including dbra.htm; in section 1452(a)(2) of the Safe water rights, land relating to the project, (iii) National Environmental Policy Drinking Water Act (42 U.S.C. 300j– and improvements to land), Act of 1969, 42 U.S.C. 4321 et seq., 12(a)(2)); environmental mitigation (including https://www.epa.gov/nepa; (iii) A project for enhanced energy acquisitions pursuant to 33 U.S.C. (iv) Floodplain Management, efficiency in the operation of a public 3905(8)), construction contingencies, Executive Order 11988, 42 FR 26951, water system or a publicly owned and acquisition of equipment; and May 24, 1977, https:// treatment works; (iv) Capitalized interest necessary to www.archives.gov/federal-register/ (iv) A project for repair, rehabilitation, meet market requirements, reasonably codification/executive-order/ or replacement of a treatment works, required reserve funds, capital issuance 11988.html; community water system, or aging water expenses, and other carrying costs (v) Archeological and Historic distribution or waste collection facility during construction. Capitalized interest Preservation Act, 16 U.S.C. 469–469c, (including a facility that serves a on WIFIA credit assistance may not be https://www.nps.gov/archeology/tools/ population or community of an Indian included as an eligible project cost. laws/ahpa.htm; reservation); (vi) Clean Air Act, 42 U.S.C. 7401 et (v) A brackish or sea water D. Threshold Requirements seq., https://www.epa.gov/clean-air-act- desalination project, including chloride For a project to be considered for overview; (vii) Clean Water Act, 33 U.S.C. 1251 control, a managed aquifer recharge WIFIA credit assistance, a project must et seq., https://www.epa.gov/aboutepa/ project, a water recycling project, or a meet the following five criteria: (i) The project and obligor shall be about-office-water; project to provide alternative water (viii) Coastal Barrier Resources Act, creditworthy; supplies to reduce aquifer depletion; 16 U.S.C. 3501 et seq., https:// (vi) A project to prevent, reduce, or (ii) A project shall have eligible project costs that are reasonably www.fws.gov/ecological-services/ mitigate the effects of drought, habitat-conservation/cbra/Act/ including projects that enhance the anticipated to equal or exceed $20 million, or for a project eligible under index.html; resilience of drought-stricken (ix) Coastal Zone Management Act, 16 paragraphs (2) or (3) of 33 U.S.C. 3905 watersheds; U.S.C. 1451 et seq., https:// serving a community of not more than (vii) Acquisition of real property or an coast.noaa.gov/czm/about/; interest in real property— 25,000 individuals, project costs that are (x) Endangered Species Act, 16 U.S.C. (a) If the acquisition is integral to a reasonably anticipated to equal or 1531 et seq., https://www.fws.gov/ project described in paragraphs (i) exceed $5 million; endangered/; through (v); or (iii) Project financing shall be (xi) Federal Actions to Address (b) Pursuant to an existing plan that, repayable, in whole or in part, from Environmental Justice in Minority in the judgment of the Administrator, State or local taxes, user fees, or other Populations and Low-Income would mitigate the environmental dedicated revenue sources that also Populations, Executive Order 12898, 59 impacts of water resources secure the senior project obligations of FR 7629, February 16, 1994, https:// infrastructure projects otherwise eligible the project; shall include a rate www.archives.gov/files/federal-register/ for assistance under this section; covenant, coverage requirement, or executive-orders/pdf/12898.pdf; (viii) A combination of projects, each similar security feature supporting the (xii) Protection of Wetlands, of which is eligible under paragraph (i) project obligations; and may have a lien Executive Order 11990, 42 FR 26961, or (ii), for which a State infrastructure on revenues subject to any lien securing May 25, 1977, as amended by Executive financing authority submits to the project obligations; Order 12608, 52 FR 34617, September Administrator a single application; or (iv) In the case of a project that is 14, 1987, https://www.epa.gov/cwa-404; (ix) A combination of projects secured undertaken by an entity that is not a (xiii) Farmland Protection Policy Act, by a common security pledge, each of State or local government or an agency 7 U.S.C. 4201 et seq., https:// which is eligible under paragraph (i), or instrumentality of a State or local www.nrcs.usda.gov/wps/portal/nrcs/ (ii), (iii), (iv), (v), (vi), or (vii), for which government, or a tribal government or detail/?cid=nrcs143_008275; an eligible entity, or a combination of consortium of tribal governments, the (xiv) Fish and Wildlife Coordination eligible entities, submits a single project that the entity is undertaking Act, 16 U.S.C. 661–666c, as amended, application. shall be publicly sponsored; and https://www.fws.gov/; (v) The applicant shall have (xv) Magnuson-Stevens Fishery C. Eligible Costs developed an operations and Conservation and Management Act, 16 As defined under 33 U.S.C. 3906 and maintenance plan that identifies U.S.C. 1801 et seq., https:// described in the WIFIA program adequate revenues to operate, maintain, www.fisheries.noaa.gov/resource/ handbook, eligible project costs are and repair the project during its useful document/magnuson-stevens-fishery- costs associated with the following life. conservation-and-management-act; activities: (xvi) National Historic Preservation (i) Development-phase activities, E. Federal Requirements Act, 16 U.S.C. 470 et seq., https:// including planning, feasibility analysis All projects receiving WIFIA www.nps.gov/archeology/tools/laws/ (including any related analysis assistance must comply, if applicable, NHPA.htm;

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15831

(xvii) Safe Drinking Water Act, 42 under Environmental Protection Agency Data Universal Number System (DUNS) U.S.C. 300f et seq., https:// (EPA) Financial Assistance Agreements, number, and employer/taxpayer www.epa.gov/ground-water-and- 73 FR 15904, https://www.epa.gov/ identification number numbers. In drinking-water; resources-small-businesses. addition, the prospective borrower (xviii) Wild and Scenic Rivers Act, 16 Detailed information about some of provides information on the project’s U.S.C. 1271 et seq., https://rivers.gov/; these requirements is outlined in the organizational structure, experience, (xix) Debarment and Suspension, WIFIA program handbook. Further and readiness to proceed. Executive Order 12549, 51 FR 6370, information can be found at the links In the case of a project that is https://www.archives.gov/federal- above. undertaken by an entity that is not a register/codification/executive-order/ State or local government or an agency 12549.html; IV. Types of Credit Assistance or instrumentality of a State or local (xx) Demonstration Cities and Under WIFIA, EPA is permitted to government, or a tribal government or Metropolitan Development Act, 42 provide credit assistance in the form of consortium of tribal governments, the U.S.C. 3301 et seq., as amended, and secured (direct) loans or loan project that the entity is undertaking Executive Order 12372, 47 FR 30959, guarantees. The maximum amount of must be publicly sponsored. Public http://portal.hud.gov/hudportal/ WIFIA credit assistance to a project is sponsorship means that the recipient HUD?src=/program_offices/comm_ 49 percent of eligible project costs. Each can demonstrate, to the satisfaction of planning; prospective borrower should list the the EPA, that the prospective borrower (xxi) Drug-Free Workplace Act, 41 estimated total capital costs of the has consulted with the affected State, U.S.C. 8101 et seq., https:// project, broken down by activity type local, or tribal government in which the webapps.dol.gov/elaws/asp/drugfree/ and differentiating between eligible project is located, or is otherwise screen4.htm; project costs and ineligible project costs affected by the project and that such (xxii) New Restrictions on Lobbying, in the LOI and application. government supports the proposed 31 U.S.C. 1352, https://www.epa.gov/ project. A prospective borrower can grants/lobbying-and-litigation- V. Letters of Interest and Applications show support by including a certified information-federal-grants-cooperative- Each prospective borrower will be letter signed by the approving State, agreements-contracts-and-loans; required to submit a LOI and, if invited, tribal, or municipal department or (xxiii) Prohibitions relating to an application to EPA in order to be similar agency; governor, mayor or other violations of the Clean Water Act or considered for approval. This section similar designated authority; statute or Clean Air Act with respect to Federal describes the LOI submission and local ordinance, or any other means by contracts, grants, or loans under 42 application submission. which government approval can be U.S.C. 7606 and 33 U.S.C. 1368, and evidenced. A. Letter of Interest Executive Order 11738, 38 FR 25161, B. Project Plan. In this section, the September 12, 1973, https:// Prospective borrowers seeking a prospective borrower provides a general www.archives.gov/federal-register/ WIFIA loan must submit a LOI description of the project, including its codification/executive-order/ describing the project fundamentals and location, population served, permit 11738.html; addressing the WIFIA selection criteria. number(s), purpose, design features, and (xxiv) The Uniform Relocation The primary purpose of the LOI is to development schedule. The prospective Assistance and Real Property provide adequate information to EPA to: borrower describes how the project can Acquisition Policies Act of 1970, 42 (i) Validate the eligibility of the be categorized as one of the project U.S.C. 4601 et seq., https:// prospective borrower and the types eligible for WIFIA assistance as www.gpo.gov/fdsys/pkg/FR-2005-01-04/ prospective project, (ii) perform a described in the program handbook. The pdf/05-6.pdf; preliminary creditworthiness prospective borrower includes other (xxv) Age Discrimination Act, 42 assessment, (iii) perform a preliminary relevant information that could affect U.S.C. 6101 et seq., https:// engineering feasibility assessment, and the development of the project, such as www.eeoc.gov/laws/statutes/adea.cfm; (iv) evaluate the project against the community support, pending (xxvi) Equal Employment selection criteria. Based on its review of legislation, or litigation. In this section, Opportunity, Executive Order 11246, 30 the information provided in the LOI, the prospective borrower summarizes FR 12319, September 28, 1965, https:// EPA will invite prospective borrowers the status of the project’s environmental www.dol.gov/ofccp/regs/compliance/ to submit applications for their projects. review, engineering report, and other ca_11246.htm; Prospective borrowers are encouraged to approvals or analyses that are integral to (xxvii) Section 13 of the Clean Water review the WIFIA program handbook to the project’s development. Act, Public Law 92–500, codified in 42 help create the best justification C. Project Operations and U.S.C. 1251, https://www.epa.gov/ocr/ possible for the project and a cohesive Maintenance Plan. In this section, the external-civil-rights-compliance-office- and comprehensive LOI submittal. prospective borrower describes its plan title-vi; Prospective borrowers should utilize for operating, maintaining, and (xxviii) Section 504 of the the LOI form on the WIFIA website and repairing the project post-completion, Rehabilitation Act, 29 U.S.C. 794, ensure that sufficient detail about the discusses the sources of revenue used to supplemented by Executive Orders project is provided for EPA’s review. finance these activities, and provides an 11914, 41 FR 17871, April 29, 1976 and EPA will notify a prospective borrower estimate of the useful life of the project. 11250, 30 FR 13003, October 13, 1965, if its project is deemed ineligible as D. Financing Plan. In this section, the https://www.epa.gov/ocr/external-civil- described in Section III of this NOFA. prospective borrower indicates the rights-compliance-office-title-vi; Below is guidance on what should be requested type and amount WIFIA (xxix) Title VI of the Civil Rights Act included in the LOI. credit assistance. In addition, it details of 1964, 42 U.S.C. 2000d et seq., https:// A. Prospective Borrower Information. the proposed sources and uses of funds www.epa.gov/environmentaljustice/title- In this section, the prospective borrower for the project. The discussion of vi-and-environmental-justice; and describes the entity seeking WIFIA proposed financing should identify the (xxx) Participation by Disadvantaged assistance, including its legal name, source(s) of revenue or other security Business Enterprises in Procurement address, website, Dun and Bradstreet that would be pledged to the WIFIA

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15832 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

assistance. As part of the description of to a project’s continued eligibility, VII. Selection Criteria its financial condition, the prospective including creditworthiness, the This section specifies the criteria and borrower should include the year-end successful negotiation of terms process that EPA will use to evaluate audited financial statements for the past acceptable to EPA, and the availability and award applications for WIFIA three years, as available. Additionally, of funds at the time at which all assistance. the prospective borrower describes the necessary recommendations and The selection criteria described below credit characteristics of the project and evaluations have been completed. incorporate statutory eligibility how the senior obligations of the project However, the purpose of EPA’s LOI requirements, supplemented by WIFIA will achieve an investment-grade rating review is to pre-screen prospective regulations at 40 CFR 35.10055. EPA has as well as the anticipated rating on the borrowers to the extent practicable. In also identified the following strategic WIFIA instrument. It also includes a doing this, it is expected that EPA will objectives as priorities for this LOI summary financial pro forma, presented only invite projects to apply if it submittal period: in a formula-based Microsoft Excel anticipates that those projects are able to (i) Provide for clean and safe drinking document, as well as revenue and obtain WIFIA credit assistance. water: EPA is working to strengthen its expense projections for the life of the Applications should be submitted implementation of the Safe Drinking WIFIA debt. Water Act to ensure we protect and E. Selection Criteria. In this section, using the form provided on the WIFIA build upon the enormous public health the prospective borrower describes the website: https://www.epa.gov/wifia/ benefits achieved through the provision potential policy benefits achieved using wifia-application-materials-and- of safe drinking water throughout the WIFIA assistance with respect to each of resources. The purpose of the country. The Agency’s highest priorities the WIFIA program selection criteria. application is to provide the WIFIA These criteria and their weights are program with the materials necessary to include reducing exposure to lead in the enumerated in Section VII of this NOFA underwrite the loan. Underwriting nation’s drinking water systems, and further explained in the WIFIA performed by the WIFIA team will ensuring continuous compliance with program handbook. include a thorough evaluation of the contaminant limits, responding quickly F. Contact Information. In this project’s plan of finance and underlying to emerging concerns, and improving section, the prospective borrower economics, including a detailed the nation’s aging and insufficient identifies the point of contact with assessment of the project’s cash flow drinking water infrastructure. whom the WIFIA program should and proposed credit terms. The WIFIA (ii) Repair, rehabilitate, and replace communicate regarding the LOI. To team will review the inputs and aging infrastructure and conveyance complete its evaluation, WIFIA program assumptions in the financing plan, the systems: Many communities face staff may contact a prospective borrower revenue and expenditures in the formidable challenges in providing regarding specific information in the financing plan, the project’s ability to adequate and reliable water and LOI. meet WIFIA loan repayment obligations, wastewater infrastructure services. G. Certifications. In this section, the and project risks and mitigants, among Existing water and wastewater prospective borrower certifies that it other things. infrastructure in some of these will abide by all applicable laws and communities is aging, and investment is Detailed information needs for the not always keeping up with the needs. regulations, including NEPA, the application are listed in the application Federal Water Pollution Control Act, the EPA estimates the national funding form and described in the WIFIA need for capital improvements for such American Iron and Steel requirements, program handbook. and Federal labor standards, among facilities totals approximately $740 others if selected to receive funding. VI. Fees billion over the next 20 years. In many H. SRF Notification. In this section, cases, meeting these needs will require the prospective borrower acknowledges There is no fee to submit a LOI. The significant increases in capital that EPA will notify the State final fee rule, Fees for Water investment. infrastructure financing authority in the Infrastructure Project Applications EPA’s priorities reflect water sector State in which the project is located that under WIFIA, 40 CFR 35.10080, was challenges that require innovative tools it submitted a LOI and provide the signed by EPA on June 19, 2017, and to assist municipalities in managing and submitted LOI and source documents to establishes the fees related to the adapting to our most pressing public that authority. The prospective borrower provision of federal credit assistance health and environmental challenges. may opt out of having its LOI and under WIFIA. Each invited applicant These priorities are reflected in the source documents shared. must submit, concurrent with its scoring methodology of the selection application, a non-refundable criteria below, described in greater B. Application Application Fee of $25,000 for projects detail in the WIFIA program handbook. After EPA concludes its evaluation of serving communities of not more than The WIFIA selection criteria are the LOIs, a selection committee will 25,000 individuals or $100,000 for all divided into three categories that invite prospective borrowers to apply other projects. Applications will not be represent critical considerations for based on the scoring of the selection evaluated until the Application Fee is selecting projects: Project Impact, criteria, while taking into consideration paid. For successful applicants, this fee Project Readiness, and Borrower geographic and project diversity. The will be credited toward final payment of Creditworthiness. Each criterion within selection committee may choose to a Credit Processing Fee, assessed a category can provide a range of points combine multiple Letters of Interests or following financial close, to reimburse with the maximum number of points separate projects from a prospective the EPA for actual engineering, indicated. Each category can provide up borrower based on the creditworthiness financial, and legal costs. In the event a to 100 points out of a total of 300 review and may offer less WIFIA final credit agreement is not executed, available points, and the category- assistance than requested in the LOI. the borrower is still required to specific and overall scores will help An invitation to apply for WIFIA reimburse EPA for the costs incurred. inform the selection committee’s credit assistance does not guarantee Borrowers may finance these fees with deliberations within the overall WIFIA EPA’s approval, which remains subject WIFIA credit assistance. framework. For the Project Readiness

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15833

and Borrower Creditworthiness treatment works, community water project types and geographical categories, criteria scores are system, or aging water distribution or locations. supplemented by points awarded from wastewater collection system. 40 CFR The scoring scales and guidance used the preliminary engineering feasibility 35.10055(a)(12). to evaluate each project against the analysis and preliminary (viii) 10 points: The extent to which selection criteria are available in the creditworthiness assessment, described the project serves economically stressed WIFIA program handbook. Prospective in the WIFIA program handbook. In communities, or pockets of borrowers considering WIFIA should order to reflect priorities and give economically stressed rate payers review the WIFIA program handbook greater consideration to a class of within otherwise non-economically and discuss how the project addresses projects to reduce exposure to lead in stressed communities. 40 CFR each of the selection criteria in the LOI the nation’s drinking water systems or 35.10055(a)(13). submission. ensure continuous compliance with (ix) 20 points: The extent to which the Authority: 33 U.S.C. 3901–3914; 40 CFR contaminant limits, EPA has added a project reduces exposure to lead in the part 35. criterion (ix) to the Project Impact nation’s drinking water systems or Dated: April 4, 2018. category of criteria in accordance with ensures continuous compliance with E. Scott Pruitt, 40 CFR 35.10055(b). The criteria are as contaminant limits. 40 CFR 35.10055(b). follows: Administrator. Project Readiness [FR Doc. 2018–07513 Filed 4–11–18; 8:45 am] Project Impact (i) 50 points: The readiness of the BILLING CODE 6560–50–P (i) 15 points: The extent to which the project to proceed toward development, project is nationally or regionally including a demonstration by the significant, with respect to the obligor that there is a reasonable ENVIRONMENTAL PROTECTION generation of economic and public expectation that the contracting process AGENCY benefits, such as (1) the reduction of for construction of the project can [EPA–HQ–OPP–2017–0007; FRL–9975–56] flood risk; (2) the improvement of water commence by not later than 90 days quality and quantity, including aquifer after the date on which a Federal credit Pesticide Product Registration; recharge; (3) the protection of drinking instrument is obligated for the project Receipt of Applications for New Active water, including source water under [WIFIA]. 33 U.S.C. 3907(b)(2)(J); Ingredients protection; and (4) the support of 40 CFR 35.10055(a)(9). international commerce. 33 U.S.C. AGENCY: Environmental Protection (ii) 50 points: Preliminary engineering Agency (EPA). 3907(b)(2)(A); 40 CFR 35.10055(a)(1). feasibility analysis score. 33 U.S.C. (ii) 5 points: The extent to which the ACTION: Notice. 3907(a)(2); 33 U.S.C. 3907(a)(6); 40 CFR project uses new or innovative 35.10015(c); 40 CFR 35.10045(a). SUMMARY: approaches. 33 U.S.C. 3907(b)(2)(D); 40 EPA has received applications CFR 35.10055(a)(3). Borrower Creditworthiness to register pesticide products containing (iii) 5 points: The extent to which the active ingredients not included in any (i) 10 points: The likelihood that project (1) protects against extreme currently registered pesticide products. assistance under [WIFIA] would enable weather events, such as floods or Pursuant to the Federal Insecticide, the project to proceed at an earlier date hurricanes; or (2) helps maintain or Fungicide, and Rodenticide Act than the project would otherwise be protect the environment: 33 U.S.C. (FIFRA), EPA is hereby providing notice able to proceed. 33 U.S.C. 3907(b)(2)(C); 3907(b)(2)(F); 40 CFR 35.10055(a)(4) and of receipt and opportunity to comment 40 CFR 35.10055(a)(2). (5). on these applications. (iv) 5 points: The extent to which the (ii) 10 points: The extent to which the DATES: Comments must be received on project serves regions with significant project financing plan includes public or before May 14, 2018. energy exploration, development, or or private financing in addition to ADDRESSES: Submit your comments, production areas: 33 U.S.C. assistance under [WIFIA]. 33 U.S.C. identified by the Docket Identification 3907(b)(2)(G); 40 CFR 35.10055(a)(6). 3907(b)(2)(B); 40 CFR 35.10055(a)(10). (ID) Number and the File Symbol of (v) 10 points: The extent to which a (iii) 10 points: The extent to which interest as shown in the body of this project serves regions with significant assistance under [WIFIA] reduces the document, by one of the following water resource challenges, including the contribution of Federal assistance to the methods: need to address (1) water quality project. 33 U.S.C. 3907(b)(2)(K); 40 CFR • Federal eRulemaking Portal: http:// concerns in areas of regional, national, 35.10055(a)(11). www.regulations.gov. Follow the online or international significance; (2) water (iv) 10 points: The amount of budget instructions for submitting comments. quantity concerns related to authority required to fund the Federal Do not submit electronically any groundwater, surface water, or other credit instrument made available under information you consider to be water sources; (3) significant flood risk; [WIFIA]. 33 U.S.C. 3907(b)(2)(E). Confidential Business Information (CBI) (4) water resource challenges identified (v) 60 points: Preliminary or other information whose disclosure is in existing regional, State, or multistate creditworthiness assessment score. 33 restricted by statute. agreements; and (5) water resources U.S.C. 3907(a)(1); 40 CFR 35.10015(c); • Mail: OPP Docket, Environmental with exceptional recreational value or 40 CFR 35.10045(a)(1) and (4) and (b). Protection Agency Docket Center (EPA/ ecological importance. 33 U.S.C. In addition to the selection criteria DC), (28221T), 1200 Pennsylvania Ave. 3907(b)(2)(H); 40 CFR 35.10055(a)(7). score, EPA is required by 33 U.S.C. NW, Washington, DC 20460–0001. (vi) 10 points: The extent to which the 3902(a) to ‘‘ensure a diversity of project • Hand Delivery: To make special project addresses identified municipal, types and geographical locations.’’ arrangements for hand delivery or State, or regional priorities. 33 U.S.C. Following analysis by WIFIA program delivery of boxed information, please 3907(b)(2)(I); 40 CFR 35.10055(a)(8). staff, a final score is calculated for each follow the instructions at http:// (vii) 20 points: The extent to which project. Projects will be selected in www.epa.gov/dockets/contacts.html. the project addresses needs for repair, order of score, subject, however, to the Additional instructions on commenting rehabilitation or replacement of a requirement to ensure a diversity of or visiting the docket, along with more

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15834 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

information about dockets generally, is comments, see the commenting tips at acquired resistance (SAR) inducer—cis- available at http://www.epa.gov/ http://www.epa.gov/dockets/ Jasmone (2-Cyclopenten-1-one, 3- dockets. comments.html. methyl-2-(2Z)-2-pentenyl-) at 93.00%. Proposed use: For manufacturing end- FOR FURTHER INFORMATION CONTACT: II. Registration Applications Robert McNally, Biopesticides and use pesticide products containing cis- EPA has received applications to Pollution Prevention Division (7511P), Jasmone. Contact: BPPD. register pesticide products containing 6. EPA Registration Numbers: 7969– main telephone number: (703) 305– active ingredients not included in any 198, 7969–251, 7969–197, 7969–199. 7090, email address: BPPDFRNotices@ currently registered pesticide products. Docket ID number: EPA–HQ–OPP– epa.gov; or Michael Goodis, Registration Pursuant to the provisions of FIFRA 2017–0310. Applicant: BASF Division (7505P), main telephone section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA Corporation, P.O. Box 13528, 26 Davis number: (703) 305–7090, email address: is hereby providing notice of receipt and Drive, Research Triangle Park, NC [email protected]. The mailing opportunity to comment on these 27709. Active ingredient: Boscalid. address for each contact person is: applications. Notice of receipt of these Product type: Fungicide. Proposed use: Office of Pesticide Programs, applications does not imply a decision Brassica, leafy greens, subgroup 4–16B; Environmental Protection Agency, 1200 by the Agency on these applications. celtuce; fennel, Florence; kohlrabi; leafy Pennsylvania Ave. NW, Washington, DC petiole vegetable, subgroup 22B; leafy 20460–0001. As part of the mailing III. New Active Ingredients greens, subgroup 4–16A; pea and bean, address, include the contact person’s 1. File Symbol: 73729–E. Docket ID dried shelled, except soybean, subgroup name, division, and mail code. The number: EPA–HQ–OPP–2018–0087. 6C; pea and bean, succulent shelled, division to contact is listed at the end Applicant: Imerys Filtration Minerals, subgroup 6B; vegetable, brassica, head of each application summary. Inc., 2500 Miguelito Rd., Lompoc, CA and stem, group 5–16; vegetable, SUPPLEMENTARY INFORMATION: 93436. Product name: Imergard WP. cucurbit, group 9; vegetable, root, except I. General Information Active ingredient: Insecticide— sugar beet, subgroup 1B; vegetable, Expanded perlite at 100.0%. Proposed fruiting, group 8–10. Contact: RD A. Does this action apply to me? use: For use indoors and outdoors to Authority: 21 U.S.C. 346a. You may be potentially affected by control mosquitoes. Contact: BPPD. this action if you are an agricultural 2. File Symbol: 80286–EA. Docket ID Dated: March 20, 2018. producer, food manufacturer, or numbers: EPA–HQ–OPP–2017–0708 Delores Barber, pesticide manufacturer. The following and EPA–HQ–OPP–2017–0709. Director, Information Technology and list of North American Industrial Applicant: ISCA Technologies, Inc., Resources Management Division, Office of Classification System (NAICS) codes is 1230 W. Spring St., Riverside, CA Pesticide Programs. not intended to be exhaustive, but rather 92507. Product name: Hook RPW. [FR Doc. 2018–07643 Filed 4–11–18; 8:45 am] provides a guide to help readers Active ingredients: Attractant—4- BILLING CODE 6560–50–P determine whether this document methyl-5-nonanone at 3.000%; applies to them. Potentially affected Attractant—4-methyl-5-nonanol at ENVIRONMENTAL PROTECTION entities may include: 27.000%; and Insecticide— • Crop production (NAICS code 111). cypermethrin at 3.000%. Proposed use: AGENCY • Animal production (NAICS code For control of red palm weevil. Contact: [EPA–HQ–OPP–2017–0008; FRL–9975–58] 112). BPPD. • Food manufacturing (NAICS code 3. File Symbol: 71840–E.O.. Docket ID Pesticide Product Registration; 311). number: EPA–HQ–OPP–2018–0059. Receipt of Applications for New Uses • Pesticide manufacturing (NAICS Applicant: BASF Corporation, 26 Davis code 32532). Dr., Research Triangle Park, NC 27709. AGENCY: Environmental Protection Product name: Trunemco Nematode Agency (EPA). B. What should I consider as I prepare Management. Active ingredients: ACTION: Notice. my comments for EPA? Systemic acquired resistance (SAR) SUMMARY: EPA has received applications 1. Submitting CBI. Do not submit this inducer—cis-Jasmone (2-Cyclopenten-1- to register new uses for pesticide information to EPA through one, 3-methyl-2-(2Z)-2-pentenyl-) at products containing currently registered regulations.gov or email. Clearly mark 0.88% and Bacillus amyloliquefaciens active ingredients. Pursuant to the the part or all of the information that strain MBI 600 at 1.00%. Proposed use: Federal Insecticide, Fungicide, and you claim to be CBI. For CBI Seed treatment on corn, cotton, and Rodenticide Act (FIFRA), EPA is hereby information in a disk or CD–ROM that soybean. Contact: BPPD. you mail to EPA, mark the outside of the 4. File Symbol: 40230–G. Docket ID providing notice of receipt and disk or CD–ROM as CBI and then number: EPA–HQ–OPP–2018–0051. opportunity to comment on these identify electronically within the disk or Applicant: AgBioChem, Inc., 3750 North applications. CD–ROM the specific information that 1020 East, Provo, UT 84604. Product DATES: Comments must be received on is claimed as CBI. In addition to one name: Galltrol-GM. Active ingredient: or before May 14, 2018. complete version of the comment that Bactericide—Rhizobium radiobacter ADDRESSES: Submit your comments, includes information claimed as CBI, a strain K1026–R at 0.03%. Proposed use: identified by the Docket Identification copy of the comment that does not For control of crown gall disease in (ID) Number and the File Symbol of contain the information claimed as CBI germinating seeds, roots, stems, and interest as shown in the body of this must be submitted for inclusion in the cuttings. Contact: BPPD. document, by one of the following public docket. Information so marked 5. File Symbol: 71840–GN. Docket ID methods: will not be disclosed except in number: EPA–HQ–OPP–2018–0059. • Federal eRulemaking Portal: http:// accordance with procedures set forth in Applicant: BASF Corporation, 26 Davis www.regulations.gov. Follow the online 40 CFR part 2. Dr., Research Triangle Park, NC 27709. instructions for submitting comments. 2. Tips for preparing your comments. Product name: Jasmone Technical Do not submit electronically any When preparing and submitting your Concentrate. Active ingredient: Systemic information you consider to be

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15835

Confidential Business Information (CBI) information in a disk or CD–ROM that composite products, wood products or other information whose disclosure is you mail to EPA, mark the outside of the intended for above ground and in- restricted by statute. disk or CD–ROM as CBI and then ground contact, wood stains. Contact: • Mail: OPP Docket, Environmental identify electronically within the disk or AD. Protection Agency Docket Center (EPA/ CD–ROM the specific information that 4. EPA Registration Numbers: 7969– DC), (28221T), 1200 Pennsylvania Ave. is claimed as CBI. In addition to one 198, 7969–251, 7969–197, 7969–199. NW, Washington, DC 20460–0001. complete version of the comment that Docket ID number: EPA–HQ–OPP– • Hand Delivery: To make special includes information claimed as CBI, a 2017–0310. Applicant: BASF arrangements for hand delivery or copy of the comment that does not Corporation, P.O. Box 13528, 26 Davis delivery of boxed information, please contain the information claimed as CBI Drive, Research Triangle Park, NC follow the instructions at http:// must be submitted for inclusion in the 27709. Active ingredient: Boscalid. www.epa.gov/dockets/contacts.html. public docket. Information so marked Product type: Fungicide. Proposed use: Additional instructions on commenting will not be disclosed except in Brassica, leafy greens, subgroup 4–16B; or visiting the docket, along with more accordance with procedures set forth in celtuce; fennel, Florence; kohlrabi; leafy information about dockets generally, is 40 CFR part 2. petiole vegetable, subgroup 22B; leafy available at http://www.epa.gov/ 2. Tips for preparing your comments. greens, subgroup 4–16A; pea and bean, dockets. When preparing and submitting your dried shelled, except soybean, subgroup comments, see the commenting tips at 6C; Pea and bean, succulent shelled, FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and http://www.epa.gov/dockets/ subgroup 6B; vegetable, brassica, head and stem, group 5–16; vegetable, Pollution Prevention Division (7511P), comments.html. cucurbit, group 9; vegetable, root, except main telephone number: (703) 305– II. Registration Applications sugar beet, subgroup 1B; vegetable, 7090, email address: BPPDFRNotices@ EPA has received applications to fruiting, group 8–10. Contact: RD. epa.gov; Anita Pease, Antimicrobials register new uses for pesticide products 5. File Symbols: 8329–RRE, 8329– Division (7510P), main telephone containing currently registered active RRN, and 8329–RRR. Docket ID number: number: (703) 305–7090, email address: ingredients. Pursuant to the provisions EPA–HQ–OPP–2018–0093. Applicant: [email protected]; or Michael of FIFRA section 3(c)(4) (7 U.S.C. Clarke Mosquito Control Products, Inc., Goodis, Registration Division (7505P), 136a(c)(4)), EPA is hereby providing 675 Sidwell Ct., St. Charles, IL 60174. main telephone number: (703) 305– notice of receipt and opportunity to Active ingredient: l-carvone. Product 7090, email address: RDFRNotices@ comment on these applications. Notice type: Insecticide. Proposed use: Wide- epa.gov. The mailing address for each of receipt of these applications does not area mosquito adulticide. Contact: contact person is: Office of Pesticide imply a decision by the Agency on these BPPD. Programs, Environmental Protection applications. 6. EPA File Symbol: 92587–R. Docket Agency, 1200 Pennsylvania Ave. NW, ID number: EPA–HQ–OPP–2018–0067. Washington, DC 20460–0001. As part of III. New Uses Applicant: QTEK, LLC, 20316 Chassell the mailing address, include the contact 1. File Symbol: 1677–ELI. Docket ID Painesdale Road, Chassell, MI 49916. person’s name, division, and mail code. number: EPA–HQ–OPP–2018–0070. Product name: Surfion® Additive. The division to contact is listed at the Applicant: Ecolab, Inc., 1 Ecolab Place, Active ingredient: Cupric Oxide at end of each application summary. St. Paul, MN 55102. Active ingredient: 3.19%. Product type: Antimicrobial. SUPPLEMENTARY INFORMATION: Dodecylbenzenesulfonic acid at 96%. Proposed use: End use Antimicrobial Product name: BIO–SOFT S–101 MUP. I. General Information Product for use as a bacteriostatic and Product type: Antimicrobial. Proposed fungistatic additive for use in the A. Does this action apply to me? use: Manufacturing Use Antimicrobial manufacture and preservation of You may be potentially affected by product for use in the formulation of commodity products. Contact: AD. this action if you are an agricultural sanitizer, disinfectant, and Authority: 7 U.S.C. 136 et seq. antimicrobial/biocidal formulations/ producer, food manufacturer, or Dated: March 20, 2018. pesticide manufacturer. The following products. Contact: AD. Delores Barber, list of North American Industrial 2. File Symbol: 39967–RUI. Docket ID Director, Information Technology and Classification System (NAICS) codes is number: EPA–HQ–OPP–2018–0044. Applicant: LanXess Corporation, 111 Resources Management Division, Office of not intended to be exhaustive, but rather Pesticide Programs. provides a guide to help readers RIDC Park West Drive Pittsburgh, PA [FR Doc. 2018–07640 Filed 4–11–18; 8:45 am] determine whether this document 15275–1112. Active ingredient: BILLING CODE 6560–50–P applies to them. Potentially affected Penflufen. Product type: Antimicrobial. entities may include: Product name: Preventol A800 • Crop production (NAICS code 111). Technical Fungicide. Proposed use: • Fungicide Used for the Preservation of ENVIRONMENTAL PROTECTION Animal production (NAICS code AGENCY 112). Wood composite products, wood • Food manufacturing (NAICS code products intended for above ground and [EPA–HQ–OAR–2016–0731; FRL–9976–68– 311). in-ground contact, wood stains. Contact: OEI] • Pesticide manufacturing (NAICS AD. code 32532). 3. File Symbol: 39967–RUO. Docket Information Collection Request ID number: EPA–HQ–OPP–2018–0044. Submitted to OMB for Review and B. What should I consider as I prepare Applicant: LanXess Corporation, 111 Approval; Comment Request; EPA’s my comments for EPA? RIDC Park West Drive, Pittsburgh, PA Voluntary Natural Gas STAR Methane 1. Submitting CBI. Do not submit this 15275–1112. Active ingredient: Challenge Program information to EPA through Penflufen. Product type: Antimicrobial. AGENCY: Environmental Protection regulations.gov or email. Clearly mark Product name: Preventol A800 Agency (EPA). the part or all of the information that Preservative. Proposed use: Fungicide ACTION: Notice. you claim to be CBI. For CBI Used for the Preservation of Wood

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15836 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

SUMMARY: The Environmental Protection For additional information about EPA’s documenting the previous year’s Agency has submitted an information public docket, visit http://www.epa.gov/ methane emissions, activity data, and collection request (ICR), ‘‘EPA’s dockets. reduction activities. The annual Voluntary Natural Gas STAR Methane Abstract: The Natural Gas STAR reporting forms covered under this ICR Challenge Program’’ (EPA ICR No. Methane Challenge Program is a include: Best Management Practice 2547.01, OMB Control No. 2060–NEW) voluntary program sponsored by the Commitment Reporting Forms. The to the Office of Management and Budget U.S. Environmental Protection Agency annual reporting forms for the ONE (OMB) for review and approval in (EPA) that provides an innovative Future Commitment Option are to be accordance with the Paperwork voluntary mechanism through which oil developed but will follow the Reduction Act. This is a request for and natural gas companies can make requirements set forth in the following approval of a new collection. Public specific, ambitious commitments to document, available on the program comments were previously requested reduce methane emissions. This website: Supplemental Technical via the Federal Register (81 FR 90355) Program is an integral part of the EPA’s Information for ONE Future on December 14, 2016 during a 60-day ongoing commitment to address Commitment Option. Upon becoming a comment period, and no comments methane emissions and global climate partner in the Methane Challenge were received. This notice allows for an change, and was developed through Program, companies are given an additional 30 days for public comments. extensive stakeholder engagement and opportunity to draft and submit a A fuller description of the ICR is given support from companies and trade Historical Actions Fact Sheet, which below, including its estimated burden organizations in the oil and gas provides information on historical and cost to the public. An Agency may industry. Methane is the primary methane reduction actions taken prior not conduct or sponsor and a person is component of natural gas and a potent to joining Methane Challenge. A two- not required to respond to a collection greenhouse gas. The Program works to page fact sheet template is made of information unless it displays a encourage oil and natural gas companies available to partner companies and currently valid OMB control number. to go above and beyond existing allows entry of up to five key methane DATES: Additional comments may be regulatory action and make meaningful mitigation activities, including text, submitted on or before May 14, 2018. and transparent commitments to yield photos, and graphics. Submitting this ADDRESSES: Submit your comments, significant methane emissions document is not a requirement of the referencing Docket ID Number EPA– reductions in a quick, flexible, cost- Methane Challenge Program HQ–OAR–2016–0731, to (1) EPA online effective way. Transparency in partnership. The fact sheet covered using www.regulations.gov (our comprehensively tracking company under this ICR is: Historical Actions preferred method), by email to a-and-r- commitments through the non- Fact Sheet Template. [email protected], or by mail to: EPA confidential data reported by Methane Respondents/affected entities: The Docket Center, Environmental Challenge partners is a key feature of the Natural Gas STAR Methane Challenge Protection Agency, Mail Code 28221T, Program, and enables partners to Program is open to companies in the oil highlight emissions reductions achieved 1200 Pennsylvania Ave. NW, production, and production, gathering through voluntary action taken. Washington, DC 20460, and (2) OMB via and boosting, processing, transmission Implementation of the Methane email to [email protected]. and storage, and distribution segments Challenge Program’s two commitment Address comments to OMB Desk Officer of the natural gas industry. options, the Best Management Practice for EPA. Respondent’s obligation to respond: Commitment and the ONE Future EPA’s policy is that all comments Voluntary. Emissions Intensity Commitment, received will be included in the public Estimated number of respondents: 58 improves operational efficiency, saves docket without change including any (total projected partners over the three- partner companies money, and personal information provided, unless year ICR period). enhances the protection of the the comment includes profanity, threats, Frequency of response: Annual. environment. information claimed to be Confidential Forms: Methane Challenge Program Total estimated annual burden: 2,978 Business Information (CBI) or other partners are required to sign and submit hours. Burden is defined at 5 CFR information whose disclosure is to EPA a Partnership Agreement (PA) 1320.03(b). restricted by statute. that describes the terms of participation Total estimated annual cost: FOR FURTHER INFORMATION CONTACT: in the Program. The PA forms covered $268,952, which includes $0 annualized Justin Pryor, Office of Atmospheric under this ICR include: Methane capital or operation & maintenance Programs, Climate Change Division, Challenge Program Partnership costs. (6207A), Environmental Protection Agreement—Best Management Practice Courtney Kerwin, Agency, 1200 Pennsylvania Ave. NW, Commitment; and, Methane Challenge Director, Regulatory Support Division. Washington, DC 20460; telephone Program Partnership Agreement—ONE [FR Doc. 2018–07542 Filed 4–11–18; 8:45 am] number: 202–343–9258; fax number: Future Commitment. Partners must BILLING CODE 6560–50–P 202–343–2342; email address: complete and submit a Methane [email protected]. Challenge Implementation Plan within SUPPLEMENTARY INFORMATION: six months of signing the MOU. The ENVIRONMENTAL PROTECTION Supporting documents, which explain Implementation Plan forms covered AGENCY in detail the information that the EPA under this ICR include: Methane will be collecting, are available in the Challenge Program Implementation Plan [EPA–HQ–OPP–2009–0879; FRL–9975–50] public docket for this ICR. The docket Template—BMP Commitment; and, can be viewed online at Methane Challenge Program Environmental Modeling Public www.regulations.gov or in person at the Implementation Plan Template—ONE Meeting; Notice of Public Meeting EPA Docket Center, WJC West, Room Future Commitment. After one full AGENCY: Environmental Protection 3334, 1301 Constitution Ave. NW, calendar year of participation in the Agency (EPA). Washington, DC. The telephone number Program, EPA requires partners to ACTION: Notice. for the Docket Center is 202–566–1744. submit a specific set of data

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15837

SUMMARY: An Environmental Modeling B. How can I get copies of this document Dated: March 29, 2018. Public Meeting (EMPM) will be held on and other related information? Marietta Echeverria, Wednesday, May 23, 2018. This Notice Director, Environmental Fate and Effects announces the location and time for the The docket for this action, identified Division, Office of Pesticide Programs. meeting and provides tentative agenda by docket identification (ID) number [FR Doc. 2018–07642 Filed 4–11–18; 8:45 am] EPA–HQ–OPP–2009–0879, is available topics. The EMPM provides a public BILLING CODE 6560–50–P forum for EPA and its stakeholders to at http://www.regulations.gov or at the discuss current issues related to Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the modeling pesticide fate, transport, and OFFICE OF GOVERNMENT ETHICS exposure for pesticide risk assessments Environmental Protection Agency in a regulatory context. Docket Center (EPA/DC), West William Agency Information Collection DATES: The meeting will be held on May Jefferson Clinton Bldg., Rm. 3334, 1301 Activities: Proposed Collection; 23, 2018 from 9:00 a.m. to 4:30 p.m. Constitution Ave. NW, Washington, DC Comment Request; Fast Track Generic Requests to participate in the meeting 20460–0001. The Public Reading Room Clearance for the Collection of must be received on or before April 23, is open from 8:30 a.m. to 4:30 p.m., Qualitative Feedback on Agency 2018. Monday through Friday, excluding legal Service Delivery To request accommodation of a holidays. The telephone number for the disability, please contact the person Public Reading Room is (202) 566–1744, AGENCY: Office of Government Ethics listed under FOR FURTHER INFORMATON and the telephone number for the OPP (OGE). CONTACT, preferably at least 10 days Docket is (703) 305–5805. Please review ACTION: Notice and request for prior to the meeting, to give EPA as the visitor instructions and additional comments. much time as possible to process your information about the docket available SUMMARY: As part of a Federal request. at http://www.epa.gov/dockets. Government-wide effort to streamline ADDRESSES: The meeting will be held at II. Background the process to seek feedback from the the Environmental Protection Agency, public on service delivery, OGE seeks Office of Pesticide Programs (OPP), One On a biannual interval, an EMPM is comment on the development of a Potomac Yard (South Building), First held for presentation and discussion of Generic Information Collection Request Floor Conference Center (S–1200), 2777 current issues related to modeling for the collection of qualitative feedback S. Crystal Drive, Arlington, VA 22202. pesticide fate, transport, and exposure on agency service delivery for approval FOR FURTHER INFORMATION CONTACT: for risk assessment in a regulatory under the Paperwork Reduction Act. Rebecca Lazarus or Andrew Shelby, context. Meeting dates and abstract This notice announces OGE’s intent to Environmental Fate and Effects Division requests are announced through the submit this collection to the Office of (7507P), Office of Pesticide Programs, ‘‘empmlist’’ forum on the LYRIS list Management and Budget for approval Environmental Protection Agency, 1200 server at https://lists.epa.gov/read/all_ and solicits comments on specific Pennsylvania Ave. NW, Washington, DC forums/. aspects for the proposed information 20460–0001; telephone number: (703) collection. 347–0520 and (703) 347–0119; fax III. How can I request to participate in number: (703) 305–0204; email address: this meeting? DATES: Consideration will be given to all [email protected] and comments received by June 11, 2018. You may submit a request to [email protected]. ADDRESSES: Comments may be participate in this meeting to the person SUPPLEMENTARY INFORMATION: submitted to OGE by any of the listed under FOR FURTHER INFORMATION following methods: I. General Information CONTACT. Do not submit any information Email: [email protected] (Include in your request that is considered CBI. A. Does this action apply to me? reference to ‘‘Fast Track Generic Requests to participate in the meeting, Clearance comment’’ in the subject line You may be potentially affected by identified by docket ID number EPA– of the message.) this action if you are required to HQ–OPP–2009–0879, must be received FAX: 202–482–9237, Attn: Grant conduct testing of chemical substances on or before April 23, 2018. Anderson. under the Toxic Substances Control Act Mail, Hand Delivery/Courier: Office of IV. Tentative Theme for the Meeting (TSCA), the Federal Food, Drug, and Government Ethics, 1201 New York Cosmetic Act (FFDCA), or the Federal Quantitative Use of Surface Water Avenue NW, Suite 500, Attention: Grant Insecticide, Fungicide, and Rodenticide Monitoring Data: The 2018 Spring Anderson, Assistant Counsel, Act (FIFRA). Since other entities may EMPM will provide a forum for Washington, DC 20005–3917. also be interested, the Agency has not presentations on methods for assessing Instructions: Comments may be attempted to describe all the specific pesticide monitoring data in surface posted on OGE’s website, www.oge.gov. entities that may be affected by this waters. Potential topics include Sensitive personal information, such as action. The following list of North quantitative use of chemical surface account numbers or Social Security American Industrial Classification water monitoring data in exposure/risk numbers, should not be included. System (NAICS) codes is not intended assessment, calibration of water quality Comments generally will not be edited to be exhaustive, but rather provides a models using surface water data, to remove any identifying or contact guide to help readers determine whether comparisons of chemical monitoring information. this document applies to them. and modeling data, chemical removal FOR FURTHER INFORMATION CONTACT: Potentially affected entities may efficacy of drinking water and sewage Grant Anderson at the U.S. Office of include: treatment and monitoring data for Government Ethics; telephone: 202– • Agriculture, Forestry, Fishing and agricultural, urban, forestry and aquatic 482–9318; TTY: 800–877–8339; FAX: Hunting NAICS code 11. pesticide applications. Updates on • Utilities NAICS code 22. 202–482–9237; Email: ganderso@ • Professional, Scientific and ongoing topics will also be provided. oge.gov. Technical NAICS code 54. Authority: 7 U.S.C. 136 et seq. SUPPLEMENTARY INFORMATION:

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15838 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Title: Fast Track Generic Clearance for • Information gathered will not be Request for Comments: Agency and the Collection of Qualitative Feedback used for the purpose of substantially public comment is invited specifically on Agency Service Delivery. informing influential policy decisions; on the need for and practical utility of OMB Number: To be determined. and this information collection, the accuracy Needs and Uses: The proposed • Information gathered will yield of OGE’s burden estimate, the information collection provides a means qualitative information; the collections enhancement of quality, utility and to garner qualitative customer and will not be designed or expected to clarity of the information collected, and stakeholder feedback in an efficient, yield statistically reliable results or used the minimization of burden (including timely manner, in accordance with the as though the results are generalizable to the use of information technology). agency’s commitment to improving the population of study. Comments received in response to this service delivery. Qualitative feedback Feedback collected under this generic notice will be summarized for, and may means information that provides useful clearance provides useful information, be included with, the OGE generic insights on perceptions and opinions, but it does not yield data that can be information collection request. The but is not a statistical survey that yields generalized to the overall population. comments will also become a matter of quantitative results that can be This type of generic clearance for public record. generalized to the population of study. qualitative information will not be used Approved: April 6, 2018. This feedback will provide insights into for quantitative information collections customer or stakeholder perceptions, that are designed to yield reliably David J. Apol, experiences, and expectations, provide actionable results, such as monitoring General Counsel and Acting Director, U.S. an early warning of issues with service, trends over time or documenting Office of Government Ethics. or focus attention on areas where program performance. Such data uses [FR Doc. 2018–07537 Filed 4–11–18; 8:45 am] communication, training, or changes in require more rigorous designs that BILLING CODE 6345–03–P operations might improve delivery of address: The target population to which products or services. These collections generalizations will be made, the will allow for ongoing, collaborative, sampling frame, the sample design DEPARTMENT OF HEALTH AND and actionable communications (including stratification and clustering), HUMAN SERVICES between the agency and its customers the precision requirements or power and stakeholders. It will also allow calculations that justify the proposed Centers for Disease Control and feedback to contribute directly to the sample size, the expected response rate, Prevention improvement of program management. methods for assessing potential non- [Docket Number CDC–2018–0033, NIOSH– OGE expects to use various methods response bias, the protocols for data 311] (e.g., focus groups, customer satisfaction collection, and any testing procedures surveys, comment cards), to solicit that were or will be undertaken prior to Draft—National Occupational Research feedback. Responses will be assessed to fielding the study. Depending on the Agenda for Public Safety plan and inform efforts to improve or degree of influence the results are likely AGENCY: National Institute for maintain the quality of service offered to to have, such collections may still be Occupational Safety and Health the public and other agency eligible for submission for other generic (NIOSH) of the Centers for Disease stakeholders. If this information is not mechanisms that are designed to yield Control and Prevention (CDC), collected, vital feedback from customers quantitative results. Department of Health and Human and stakeholders on the agency’s As a general matter, information Services (HHS). services will be unavailable. collections submitted under this generic ACTION: Request for comment. The agency will only submit a clearance will not result in any new collection for approval under this system of records containing privacy SUMMARY: The National Institute for generic clearance if it meets the information and will not ask questions Occupational Safety and Health of the following conditions: of a sensitive nature, such as sexual • Centers for Disease Control and The collections are voluntary; behavior and attitudes, religious beliefs, Prevention announces the availability of • The collections are low-burden for and other matters that are commonly a draft NORA Agenda entitled National respondents (based on considerations of considered private. Occupational Research Agenda for total burden hours, total number of Current Action: New information Public Safety for public comment. To respondents, or burden-hours per collection request (generic). view the notice and related materials, respondent) and are low-cost for both Type of Review: New. visit https://www.regulations.gov and the respondents and the Federal Affected Public: Individuals; Business enter CDC–2018–0033 in the search Government; or Other For-Profit Institutions; Not-For- field and click ‘‘Search.’’ • The collections are non- Profit Institutions; State or Local DATES: Electronic or written comments controversial; Government. • The collections are focused on the Estimated Annual Number of must be received by June 11, 2018. awareness, understanding, attitudes, Respondents: 45,000. ADDRESSES: You may submit comments, preferences, or experiences of the public Projected average burden estimates identified by CDC–2018–0033 and or other stakeholders in order to for the next three years: docket number NIOSH–311, by any of improve existing or future services, Average Expected Annual Number of the following methods: products, or communication materials; Activities: 40. • Federal eRulemaking Portal: • Personally identifiable information Average Number of Respondents per https://www.regulations.gov Follow the (PII) is collected only to the extent Activity: 1,125. instructions for submitting comments. necessary; Responses per Respondent: 1. • Mail: National Institute for • Information gathered will be used Annual Responses: 45,000. Occupational Safety and Health, NIOSH only internally for general service Average Minutes per Response: 3 Docket Office, 1090 Tusculum Avenue, improvement and program management minutes. MS C–34, Cincinnati, Ohio 45226–1998. purposes and is not intended for release Annual Burden Hours: 2,250 hours. Instructions: All submissions received to the public; Frequency: On occasion. in response to this notice must include

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15839

the agency name and docket number www.regulations.gov (see Docket proposed project or to obtain a copy of [CDC–2018–0033; NIOSH–311]. All Number CDC–2018–0033). the information collection plan and relevant comments received will be instruments, contact Leroy A. John J. Howard, posted without change to https:// Richardson, Information Collection www.regulations.gov, including any Director, National Institute for Occupational Review Office, Centers for Disease Safety and Health, Centers for Disease Control personal information provided. For and Prevention. Control and Prevention, 1600 Clifton access to the docket to read background Road NE, MS–D74, Atlanta, Georgia [FR Doc. 2018–07374 Filed 4–11–18; 8:45 am] documents or comments received, go to 30329; phone: 404–639–7570; Email: https://www.regulations.gov. All BILLING CODE 4163–19–P [email protected]. information received in response to this SUPPLEMENTARY INFORMATION: Under the notice will also be available for public DEPARTMENT OF HEALTH AND Paperwork Reduction Act of 1995 (PRA) examination and copying at the NIOSH HUMAN SERVICES (44 U.S.C. 3501–3520), Federal agencies Docket Office, 1150 Tusculum Avenue, must obtain approval from the Office of Room 155, Cincinnati, OH 45226–1998. Centers for Disease Control and Management and Budget (OMB) for each FOR FURTHER INFORMATION CONTACT: Prevention collection of information they conduct Emily Novicki (NORACoordinator@ [60Day–18–18UF; Docket No. CDC–2018– or sponsor. In addition, the PRA also cdc.gov), National Institute for 0032] requires Federal agencies to provide a Occupational Safety and Health, Centers 60-day notice in the Federal Register for Disease Control and Prevention, Proposed Data Collection Submitted concerning each proposed collection of Mailstop E–20, 1600 Clifton Road NE, for Public Comment and information, including each new Atlanta, GA 30329, phone (404) 498– Recommendations proposed collection, each proposed 2581 (not a toll free number). extension of existing collection of AGENCY: Centers for Disease Control and information, and each reinstatement of SUPPLEMENTARY INFORMATION: The Prevention (CDC), Department of Health previously approved information National Occupational Research Agenda and Human Services (HHS). collection before submitting the (NORA) is a partnership program ACTION: Notice with comment period. collection to the OMB for approval. To created to stimulate innovative research SUMMARY: The Centers for Disease comply with this requirement, we are and improved workplace practices. The publishing this notice of a proposed national agenda is developed and Control and Prevention (CDC), as part of its continuing effort to reduce public data collection as described below. implemented through the NORA sector The OMB is particularly interested in and cross-sector councils. Each council burden and maximize the utility of government information, invites the comments that will help: develops and maintains an agenda for 1. Evaluate whether the proposed its sector or cross-sector. general public and other Federal agencies the opportunity to comment on collection of information is necessary Background: The National a proposed and/or continuing for the proper performance of the Occupational Research Agenda for information collection, as required by functions of the agency, including Public Safety is intended to identify the the Paperwork Reduction Act of 1995. whether the information will have research, information, and actions most This notice invites comment on a practical utility; 2. Evaluate the accuracy of the urgently needed to prevent occupational proposed information collection project agency’s estimate of the burden of the injuries. The National Occupational titled Evidence to Inform Standards that Research Agenda for public safety Ensure Turnout Gear Remains proposed collection of information, provides a vehicle for stakeholders to Protective Throughout Its Lifecycle that including the validity of the describe the most relevant issues, gaps, will provide data that links turnout gear methodology and assumptions used; 3. Enhance the quality, utility, and and safety and health needs for the use conditions to its resulting clarity of the information to be public safety sector. Each NORA performance characteristics. research agenda is meant to guide or collected; and DATES: CDC must receive written 4. Minimize the burden of the promote high priority research efforts on comments on or before June 11, 2018. a national level, conducted by various collection of information on those who ADDRESSES: You may submit comments, entities, including: government, higher are to respond, including through the identified by Docket No. CDC–2018– education, and the private sector. use of appropriate automated, 0032 by any of the following methods: electronic, mechanical, or other The first National Occupational • Federal eRulemaking Portal: technological collection techniques or Research Agenda for Public Safety was Regulations.gov. Follow the instructions other forms of information technology, published in 2009 for the second decade for submitting comments. e.g., permitting electronic submissions of NORA (2006–2016). This draft is an • Mail: Leroy A. Richardson, of responses. updated agenda for the third decade of Information Collection Review Office, 5. Assess information collection costs. NORA (2016–2026). The revised agenda Centers for Disease Control and was developed considering new Prevention, 1600 Clifton Road NE, MS– Proposed Project information about injuries and illnesses, D74, Atlanta, Georgia 30329. Evidence to Inform Standards that the state of the science, and the Instructions: All submissions received Ensure Turnout Gear Remains probability that new information and must include the agency name and Protective Throughout Its Lifecycle— approaches will make a difference. As Docket Number. CDC will post, without New—National Institute for the steward of the NORA process, change, all relevant comments to Occupational Safety and Health NIOSH invites comments on the draft Regulations.gov. (NIOSH), Centers for Disease Control National Occupational Research Please note: Submit all Federal and Prevention (CDC). Agenda for Public Safety. Comments comments through the Federal expressing support or with specific eRulemaking portal (regulations.gov) or Background and Brief Description recommendations to improve the by U.S. mail to the address listed above. The National Institute for Agenda are requested. A copy of the FOR FURTHER INFORMATION CONTACT: To Occupational Safety and Health draft Agenda is available at https:// request more information on the (NIOSH) has been tasked to assure safe

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15840 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

and healthful working conditions for donated from fire departments (2) surveying the fire fighters assigned men and women (Occupational Safety demonstrates that turnout gear from 2 to to each set of sampled gear to obtain and Health Act, 1970, Pub. L. 91–596 10 years old was unable to meet all one-month of retrospective information (Section 20[a][1])). The National performance requirements. Thus, under about the use conditions to which it was Personal Protective Technology the current retirement criteria, turnout likely exposed; and Laboratory focuses on improving gear that may not be protective against (3) a 6-month prospective data personal protective equipment across all hazards is being used by fire fighters. collection where the fire fighters many industries, including the fire Intuitively, the use conditions to assigned to each set of sampled gear services. NIOSH seeks to request a which turnout gear would be exposed to provide information about their shift- three-year Office of Management and when used by a large or medium specific exposures. metropolitan fire department would be Budget approval to gather data about The survey will provide details about very different from those of a smaller Personal Protective Equipment (PPE) the use conditions (e.g., number and department. However, the absence of use conditions. type of launderings, repair history, and scientific data to link performance to Turnout gear is a type of PPE used by exposure to fire-related calls) specific to use conditions (e.g., number and type of the 1.1 million U.S. fire fighters to the fire fighters who used the sampled washings, number of fire-related calls) shield the body from carcinogens, turnout gear. The data produced by this provides a barrier to transitioning to an flames, heat, and chemical/biological study will be used to improve alternative approach to retirement. agents. It serves as a barrier to external This study will obtain a statistically confidence that turnout gear will remain hazards while simultaneously allowing meaningful sample of turnout gear from protective throughout its lifecycle. for the escape of metabolic heat to three fire departments. The use Samples of 300 individuals will be prevent elevated core body conditions for the sampled turnout gear collected from three fire departments. temperatures. To provide the necessary will be determined, and the gear will be The time required to complete a data performance characteristics, turnout subjected to established performance collection instrument will be about 30 gear design is complex, consisting of requirements. For each set of gear, its minutes for the paper retrospective three major layers that work as a performance will be directly linked to study and 10 minutes for each composite—a thermal liner, a moisture its use condition history. This combined electronic prospective survey to be barrier, and an outer shell. lab and field data will help determine completed at the end of each shift, Consensus standards provide if there is a relationship between which is estimated to be 60 shifts over performance requirements and turnout and gear use conditions. As well a 6-month period. retirement criteria for turnout gear. The as the ability for turnout, gear too The following table provides an retirement criteria is based on visual effectively protect the user. estimate of the annualized burden inspections and a 10-year age cap with The use conditions for each set of hours. The estimated total hours for this visual inspection being less effective for sampled gear will be determined by: information collection is 3,150, over a the moisture barrier and thermal liner (1) Reviewing fire department records, three-year timeframe, with a maximum layers. Recent data of turnout gear practices, and policies; of 300 people.

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)

Individual Fire Fighter .... Turnout Gear Safety Survey—Retrospective Ex- 100 1 30/60 50 posures for past month. Turnout Gear Safety Survey—Prospective Expo- 100 60 10/60 1,000 sures for six months.

Total ...... 1,050

Leroy A. Richardson, DEPARTMENT OF HEALTH AND its continuing effort to reduce public Chief, Information Collection Review Office, HUMAN SERVICES burden and maximize the utility of Office of Scientific Integrity, Office of the government information, invites the Associate Director for Science, Office of the Centers for Disease Control and general public and other Federal Director, Centers for Disease Control and Prevention agencies the opportunity to comment on Prevention. [60Day–18–0200; Docket No. CDC–2018– a proposed and/or continuing [FR Doc. 2018–07562 Filed 4–11–18; 8:45 am] 0030] information collection, as required by BILLING CODE 4163–18–P the Paperwork Reduction Act of 1995. Proposed Data Collections Submitted This notice invites comment on a for Public Comment and proposed information collection project Recommendations titled ‘‘Coal Workers’ Health AGENCY: Centers for Disease Control and Surveillance Program (CWHSP). The Prevention (CDC), Department of Health CWHSP is a congressionally-mandated and Human Services (HHS). medical examination program for ACTION: Notice with comment period. monitoring the health of coal miners and was originally established under the SUMMARY: The Centers for Disease Federal Coal Mine Health and Safety Control and Prevention (CDC), as part of

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15841

Act of 1969 with all subsequent including the validity of the roster of current employees) takes amendments (the Act). methodology and assumptions used; approximately 30 minutes. • DATES: CDC must receive written 3. Enhance the quality, utility, and Radiographic Facility Certification comments on or before June 11, 2018. clarity of the information to be Document (2.11)—X-ray facilities seeking NIOSH approval to provide ADDRESSES: You may submit comments, collected; and miner radiographs under the CWHSP identified by Docket No. CDC–2018– 4. Minimize the burden of the must complete an approval packet 0030 by any of the following methods: collection of information on those who • are to respond, including through the including this form that requires Federal eRulemaking Portal: approximately 30 minutes for Regulations.gov. Follow the instructions use of appropriate automated, electronic, mechanical, or other completion. for submitting comments. • Miner Identification Document • Mail: Leroy A. Richardson, technological collection techniques or other forms of information technology, (2.9)—Miners who elect to participate in Information Collection Review Office, the CWHSP must fill out this document, Centers for Disease Control and e.g., permitting electronic submissions of responses. which requires approximately 20 Prevention, 1600 Clifton Road NE, MS– minutes. This document records 5. Assess information collection costs. D74, Atlanta, Georgia 30329. demographic and occupational history, Instructions: All submissions received Proposed Project as well as information required under must include the agency name and the regulations in relation to the Coal Workers’ Health Surveillance Docket Number. CDC will post, without examinations. Program (CWHSP), OMB Number 0920– change, all relevant comments to • Chest Radiograph Classification Regulations.gov. 0020, expires 06/30/2018—Extension— Form (2.8)—NIOSH utilizes a for National Institute for Occupational radiographic classification system Please note: Submit all Federal Safety and Health (NIOSH), Centers for comments through the Federal eRulemaking developed by the International Labour portal (regulations.gov) or by U.S. mail to the Disease Control and Prevention (CDC). Office (ILO) in the determination of address listed above. Background and Brief Description pneumoconiosis among coal miners. Physicians (B Readers) fill out this form FOR FURTHER INFORMATION CONTACT: To NIOSH would like to extend the Coal regarding their interpretations of the request more information on the Workers’ Health Surveillance Program radiographs (each image has at least two proposed project or to obtain a copy of (CWHSP) data collection project. This separate interpretations, and the information collection plan and request incorporates all components of approximately 7% of the images require instruments, contact Leroy A. the CWHSP. Those components additional interpretations). Based on Richardson, Information Collection includes Coal Workers’ X-ray prior practice it takes the physician Review Office, Centers for Disease Surveillance Program (CWXSP), B approximately three minutes per form. Control and Prevention, 1600 Clifton Reader Program, Enhanced Coal • Physician Application for Road NE, MS–D74, Atlanta, Georgia Workers’ Health Surveillance Program Certification (2.12)—Physicians taking 30329; phone: 404–639–7570; Email: (ECWHSP), Expanded Coal Workers’ the B Reader examination are asked to [email protected]. Health Surveillance Program, and complete this registration form, which SUPPLEMENTARY INFORMATION: National Coal Workers’ Autopsy Study provides demographic information as Under the Paperwork Reduction Act (NCWAS). well as information regarding their of 1995 (PRA) (44 U.S.C. 3501–3520), The CWHSP is a congressionally medical practices. It typically takes the Federal agencies must obtain approval mandated medical examination program physician about 10 minutes to complete from the Office of Management and for monitoring the health of coal miners this form. Budget (OMB) for each collection of and was originally established under the • Guidelines for Spirometry in the information they conduct or sponsor. In Federal Coal Mine Health and Safety ECWHSP Mobile (Internal use, no form addition, the PRA also requires Federal Act of 1969 with all subsequent number assigned)—Miners (both active agencies to provide a 60-day notice in amendments (the Act). The Act provides and former) participating in the the Federal Register concerning each the regulatory authority for the ECWHSP component of the Program are proposed collection of information, administration of the CWHSP. This offered a spirometry test. This form is including each new proposed Program, which operates in accordance administered by a NIOSH employee (or collection, each proposed extension of with 42 CFR part 37, is useful in contractor) in the ECWHSP Mobile Unit existing collection of information, and providing information for protecting the during the initial intake process and each reinstatement of previously health of and also in documenting takes approximately five minutes to approved information collection before trends and patterns in the prevalence of complete. This information is required submitting the collection to the OMB for coal workers’ pneumoconiosis (‘black to make sure that the spirometry test can approval. To comply with this lung’ disease) among miners employed be done safely and that the miner is requirement, we are publishing this in U.S. coal mines. The total estimated physically capable of performing the notice of a proposed data collection as annualized burden hours of 20,281 is spirometry maneuvers. described below. based on the following collection • Spirometry Facility Certification The OMB is particularly interested in instruments: Document (2.14)—This form is comments that will help: • Coal Mine Operator Plan (2.10) and analogous to the Radiographic Facility 1. Evaluate whether the proposed Coal Contractor Plan (2.18)—Under 42 Certification Document (2.11) and collection of information is necessary CFR part 37, every coal operator and records the spirometry facility for the proper performance of the coal contractor in the U.S. must submit equipment/staffing information. functions of the agency, including a plan approximately every 4 years, Spirometry facilities seeking NIOSH whether the information will have providing information on how they plan approval to provide miner spirometry practical utility; to notify their miners of the opportunity testing under the CWHSP must 2. Evaluate the accuracy of the to obtain the medical examination. complete an approval packet, which agency’s estimate of the burden of the Completion of this form with all includes this form. It is estimated that proposed collection of information, requested information (including a it will take approximately 30 minutes

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15842 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

for this form to be completed at the interpretation of results. It is estimated autopsy. Since an autopsy report is facility. that it will take the facility routinely completed by a pathologist, • Respiratory Assessment Form approximately 20 minutes to complete the only additional burden is the (2.13)—This form is designed to assess this form. specific request for a clinical abstract of • respiratory symptoms and certain Pathologist Invoice—Under the terminal illness and final diagnosis medical conditions and risk factors. It is NCWAS, the invoice submitted by the relating to pneumoconiosis. Therefore, estimated that it will take approximately pathologist must contain a statement only 5 minutes of additional burden is five minutes for this form to be that the pathologist is not receiving any estimated for the pathologist’s report. administered to the miner by an other compensation for the autopsy. • employee at the facility. Each participating pathologist may use Consent, Release and History Form • Spirometry Results Notification their individual invoice as long as this (2.6)—This form documents written Form (2.15)—This form is used to: statement is added. It is estimated that authorization from the next-of-kin to Collect information that will allow only 5 minutes is required for the perform an autopsy on the deceased NIOSH to identify the miner in order to pathologist to add this statement to the miner. A minimum of essential provide notification of the spirometry standard invoice that they routinely use. information is collected regarding the test results; assure that the test can be • Pathologist Report—Under the deceased miner including an done safely; record certain factors that NCWAS, the pathologist must submit occupational history and a smoking can affect test results; provide information found at autopsy, slides, history. From experience, it is estimated documentation that the required blocks of tissue, and a final diagnosis that 15 minutes is required for the next- components of the spirometry indicating presence or absence of of-kin to complete this form. examination have been transmitted to pneumoconiosis. The format of the NIOSH for processing; and conduct autopsy reports is variable depending There are no costs to respondents quality assurance audits and on the pathologist conducting the other than their time.

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)

Coal Mine Operator ...... 2.10 ...... 388 1 30/60 194 Coal Mine Contractor ...... 2.18 ...... 575 1 30/60 288 X-ray Facility Supervisor ...... 2.11 ...... 40 1 30/60 20 Coal Miner ...... 2.9 ...... 14,560 1 20/60 4,854 Coal Miner ...... No form ...... 14,560 1 15/60 3,640 B Reader Physician ...... 2.8 ...... 10 3014 3/60 1,507 Physicians taking the B Reader Ex- 2.12 ...... 100 1 10/60 17 amination. Spirometry Facility Supervisor ...... 2.14 ...... 100 1 30/60 50 Spirometry Facility Employee ...... 2.13 ...... 14,560 1 5/60 1,214 Spirometry Technician ...... 2.15 ...... 14,560 1 20/60 4,854 Coal Miner ...... No form ...... 14,560 1 15/60 3,640 Pathologist ...... Invoice—No standard form ...... 1 1 5/60 1 Pathologist ...... Pathology Report—No standard 1 l 5/60 1 form. Next-of-kin for deceased miner ...... 2.6 ...... 1 1 15/60 1

Total ...... 20,281

Leroy A. Richardson, OMB No.: 0970–0209. support enforcement agencies to help Chief, Information Collection Review Office, Description: The Intergovernmental them establish effective systems for Office of Scientific Integrity, Office of the Reference Guide (IRG) is a centralized collecting child and spousal support; (2) Associate Director for Science, Office of the 42 U.S.C. 666(f), which requires states to Director, Centers for Disease Control and and automated repository of state and Prevention. tribal profiles, which contains high- enact the Uniform Interstate Family Support Act; (3) 45CFR 301.1, which [FR Doc. 2018–07563 Filed 4–11–18; 8:45 am] level descriptions of each state and the tribal child support enforcement (CSE) defines an intergovernmental case to BILLING CODE 4163–18–P program. These profiles provide state include cases between states and tribes; and tribal CSE agencies, and foreign (4) 45 CFR309.120, which requires a DEPARTMENT OF HEALTH AND countries with an effective and efficient tribal child support program to include HUMAN SERVICES method for updating and accessing intergovernmental procedures in its information needed to process tribal IV–D plan; and (5) 45 CFR 303.7, Administration for Children and intergovernmental child support cases. which requires state child support Families The IRG information collection agencies to provide services in intergovernmental cases. Submission for OMB Review; activities are authorized by: (1) 42 Comment Request U.S.C. 652(a)(7), which requires the Respondents: All state and tribal CSE federal Office of Child Support agencies. Title: Intergovernmental Reference Enforcement (OCSE) to provide Guide (IRG). technical assistance to state child

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15843

ANNUAL BURDEN ESTIMATES

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

Intergovernmental Reference Guide: State Profile Guidance—(States and Territories) ...... 54 18 0.3 291.6 Intergovernmental Reference Guide: Tribal Profile Guidance ...... 62 18 0.3 334.8

Total ...... 626.4

Estimated Total Annual Burden OMB No.: Renewal of Collection OMB comply with the requirement for Hours: 626.4 hours. Control No. 0970–0409, Expiration Date submitting an Annual Report to the Additional Information: Copies of the 10/31/18. Secretary that should feature activities proposed collection may be obtained by Description: Section 511(e)(8)(A) of carried out under the program during writing to the Administration for Title V of the Social Security Act the past reporting period and a final Children and Families, Office of requires that grantees under the report to the Secretary during the final Planning, Research and Evaluation, 330 Maternal, Infant, and Early Childhood year of their grant. In order to assist C Street SW, Washington, DC 20201. Home Visiting (MIECHV) program for grantees with meeting the requirements Attention Reports Clearance Officer. All states and jurisdictions submit an of the Annual and Final Report to the requests should be identified by the title annual report to the Secretary of Health Secretary, ACF created guidance for of the information collection. Email and Human Services regarding the grantees to use when writing their address: [email protected]. program and activities carried out under reports. The existing guidance (OMB the program, including such data and Control No. 0970–0409, Expiration Date OMB Comment: OMB is required to information as the Secretary shall make a decision concerning the 10/31/18) provides sections where require. Section 511(h)(2)(A) further grantees must address the following: collection of information between 30 states that the requirements for the • Update on Home Visiting Program and 60 days after publication of this MIECHV grants to tribes, tribal document in the Federal Register. Goals and Objectives organizations, and urban Indian • Therefore, a comment is best assured of organizations are to be consistent, to the Update on the Implementation of having its full effect if OMB receives it greatest extent practicable, with the Home Visiting Program in Targeted within 30 days of publication. Written requirements for grantees under the Community(ies) comments and recommendations for the MIECHV program for states and • Progress toward Meeting Legislatively proposed information collection should jurisdictions. Mandated Benchmark Requirements be sent directly to the following: Office The Administration for Children and • Update on Rigorous Evaluation of Management and Budget, Paperwork Families, Office of Child Care, in Activities _ Reduction Project, Email: OIRA collaboration with the Health Resources • Home Visiting Program Continuous [email protected], Attn: and Services Administration, Maternal Quality Improvement (CQI) Efforts Desk Officer for the Administration for and Child Health Bureau, has awarded • Administration of Home Visiting Children and Families. grants for the Tribal Maternal, Infant, Program Robert Sargis, and Early Childhood Home Visiting • Technical Assistance Needs Program (Tribal Home Visiting). The Reports Clearance Officer. Tribal Home Visiting discretionary The proposed data collection form is [FR Doc. 2018–07574 Filed 4–11–18; 8:45 am] grants support cooperative agreements as follows: ACF is requesting approval BILLING CODE 4184–41–P to conduct community needs to renew and update the existing Tribal assessments; plan for and implement Home Visiting Guidance for Submitting high-quality, culturally-relevant, an Annual or Final Report to the DEPARTMENT OF HEALTH AND evidence-based home visiting programs Secretary (OMB Control No. 0970–0409) HUMAN SERVICES in at-risk tribal communities; establish, that will include instructions for grantees to submit either an annual or Administration for Children and measure, and report on progress toward final report on the progress of their Families meeting performance measures in six legislatively-mandated benchmark program to the Secretary, depending on Submission for OMB Review; areas; and conduct rigorous evaluation the reporting period. Comment Request activities to build the knowledge base Respondents: Tribal Maternal, Infant, on home visiting among Native and Early Childhood Home Visiting Title: Tribal Maternal, Infant, and populations. Program Managers (The information Early Childhood Home Visiting Tribal Home Visiting grantees have collection does not include direct Program: Guidance for Submitting an been notified that in every year of their interaction with individuals or families Annual or Final Report to the Secretary. grant, after the first year, they must that receive the services).

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15844 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

ANNUAL BURDEN ESTIMATES

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

Annual/Final Report to the Secretary (depending on reporting period) ...... 25 1 1 50 1,250

Estimated Total Annual Burden DATES: The public meeting will be held material and resources for physicians, Hours: 1,250. on May 4, 2018, from 10 a.m. until 12 patients, and their caregivers on how to Additional Information: Copies of the noon. Registration to attend the meeting access investigational drugs outside of proposed collection may be obtained by must be received by May 3, 2018, at 5 clinical trials; and a new joint writing to the Administration for p.m. Eastern Time. Requests for oral Foundation and FDA regulatory science Children and Families, Office of presentations must be received before fellowship program. Planning, Research and Evaluation, 370 May 2, 2018, at 5 p.m. Eastern Time. See L’Enfant Promenade SW, Washington, the SUPPLEMENTARY INFORMATION section II. Topics for Discussion at the Public DC 20447, Attn: ACF Reports Clearance for registration date and information. Meeting Officer. All requests should be The public is also invited to submit FDA Commissioner, Dr. Scott identified by the title of the information written comments by sending them via Gottlieb, will deliver a keynote address, collection. Email address: email to Elisabeth Shaefer (see FOR followed by a panel discussion on the [email protected]. FURTHER INFORMATION CONTACT) before OMB Comment: OMB is required to May 3, 2018, at 5 p.m. Eastern Time. ‘‘Evolution of FDA Science and Engagement’’ and the role of the make a decision concerning the ADDRESSES: The public meeting will be Foundation. Panelists will include the collection of information between 30 held at Alston & Bird, 950 F St. NW, current FDA Commissioner, Dr. Scott and 60 days after publication of this Washington, DC 20006. Gottlieb, and former FDA document in the Federal Register. FOR FURTHER INFORMATION CONTACT: Commissioners Drs. Robert Califf and Therefore, a comment is best assured of Elisabeth Shaefer, Executive Assistant to Andrew C. von Eschenbach. The panel having its full effect if OMB receives it the Executive Director, Reagan-Udall moderator will be Susan Dentzer, within 30 days of publication. Written Foundation for the FDA, 202–849–2255, President and Chief Executive Officer of comments and recommendations for the [email protected]. the Network for Excellence in Health proposed information collection should SUPPLEMENTARY INFORMATION: be sent directly to the following: Office Innovation. Find the meeting agenda at of Management and Budget, Paperwork I. Background https://reaganudall.org/public-meeting. Reduction Project, Fax: 202–395–7285, The Reagan-Udall Foundation for the III. Participating in the Public Meeting Email: OIRA_SUBMISSION@ FDA is an independent 501(c)(3) not- OMB.EOP.GOV, Attn: Desk Officer for for-profit, organization created by Registration: To register for the public the Administration for Children and Congress to advance the mission of FDA meeting, please visit the following Families. to modernize medical, veterinary, food, website to register: https:// Robert Sargis, food ingredient, and cosmetic product reaganudall.org/public-meeting. Persons interested in attending this public Reports Clearance Officer. development; accelerate innovation, and enhance product safety. With the meeting must register online by May 3, [FR Doc. 2018–07522 Filed 4–11–18; 8:45 am] ultimate goal of improving public 2018, at 5 p.m. Eastern Time. BILLING CODE 4184–01–P health, the Foundation provides a If you need special accommodations unique opportunity for different sectors due to a disability, please contact DEPARTMENT OF HEALTH AND (FDA, patient groups, academia, other Elisabeth Shaefer (see FOR FURTHER HUMAN SERVICES government entities, and industry) to INFORMATION CONTACT) no later than May work together in a transparent way to 1, 2018. Food and Drug Administration create exciting new research and engagement projects to advance Requests for Oral Presentations: [Docket No. FDA–2018–N–0001] regulatory science. Interested persons may present The Foundation acts as a neutral third comments at the public meeting. Annual Public Meeting; Reagan-Udall party to establish novel, scientific Comments will be scheduled to begin Foundation for the Food and Drug collaborations. Much like any other approximately at 11:30 a.m. Time Administration independently developed information, allotted for comments may be limited to AGENCY: Reagan-Udall Foundation for FDA evaluates the scientific information 3 minutes, dependent on the number of the Food and Drug Administration. from these collaborations to determine requests received. Those desiring to make oral comments should notify ACTION: Notice of annual meeting. how the Foundation projects can help the Agency to fulfill its mission. Elisabeth Shaefer (see FOR FURTHER SUMMARY: The Reagan-Udall Foundation Foundation projects currently INFORMATION CONTACT) by May 2, 2018. (the Foundation) for the Food and Drug include: Innovation in Medical Please include a brief statement of the Administration (FDA), which was Evidence Development and general nature of the comments you created by Title VI of the Food and Drug Surveillance, a public-private wish to present along with your name, Administration Amendments Act of partnership that allows researchers to address, telephone number, and email 2007, is announcing its annual public study drug safety concerns of interest to address. The contact person will notify meeting. The Foundation will discuss public health; an Expanded Access individuals regarding their request to its activities and how it supports FDA. Navigator that offers instructional speak by May 3, 2018.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15845

Dated: April 6, 2018. FOR FURTHER INFORMATION CONTACT: to Pharmaceutical Current Good Leslie Kux, Domini Bean, Office of Operations, Manufacturing Practice.’’ We intend the Associate Commissioner for Policy. Food and Drug Administration, Three guidance to inform manufacturers of [FR Doc. 2018–07544 Filed 4–11–18; 8:45 am] White Flint North, 10A–12M, 11601 veterinary and human drugs, including BILLING CODE 4161–01–P Landsdown St., North Bethesda, MD human biological drug products, on 20852, 301–796–5733, PRAStaff@ how to resolve disputes about scientific fda.hhs.gov. and technical issues relating to current good manufacturing practice (CGMP). DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: In Disputes related to scientific and HUMAN SERVICES compliance with 44 U.S.C. 3507, FDA technical issues may arise during FDA has submitted the following proposed Food and Drug Administration inspections of pharmaceutical collection of information to OMB for manufacturers to determine compliance [Docket No. FDA–2014–N–1076] review and clearance. with CGMP requirements or during Agency Information Collection Guidance for Industry on Formal FDA’s assessment of corrective actions Activities; Submission for Office of Dispute Resolution: Scientific and undertaken as a result of such Management and Budget Review; Technical Issues Related to inspections. The guidance recommends Comment Request; Guidance for Pharmaceutical Current Good procedures that we believe encourage Industry on Formal Dispute Manufacturing Practice open and prompt discussion of disputes and lead to their resolution. The Resolution: Scientific and Technical OMB Control Number 0910–0563— guidance describes procedures for Issues Related to Pharmaceutical Extension Current Good Manufacturing Practice raising such disputes to the Office of Congress enacted section 562 of the Regulatory Affairs and Center levels and AGENCY: Food and Drug Administration, Federal Food, Drug, and Cosmetic Act for requesting review by the dispute HHS. (FD&C Act) (21 U.S.C. 360bbb–1), which resolution (DR) panel. The guidance is ACTION: Notice. directed FDA to ensure that it had available on our website at: https:// adequate dispute resolution procedures www.fda.gov/downloads/drugs/ SUMMARY: The Food and Drug to provide for appropriate review of guidances/ucm070279.pdf, along with Administration (FDA) is announcing scientific controversies between the additional information regarding the that a proposed collection of FDA and members of regulated resolution of scientific disputes at FDA. information has been submitted to the industry, including possible review by a In the Federal Register of October 27, Office of Management and Budget scientific advisory committee. To 2017 (82 FR 49832), we published a (OMB) for review and clearance under implement this provision, we amended notice soliciting public comment on the the Paperwork Reduction Act of 1995. the general appeal regulation applicable proposed collection of information. DATES: Fax written comments on the across all FDA components (21 CFR Although no comments were received, collection of information by May 14, 10.75; Internal Agency review of we are reconsidering the usefulness of 2018. decisions) to provide for advisory the guidance document in light of ADDRESSES: To ensure that comments on committee review (§ 10.75(b)(2)). At the changing Agency procedures. Consistent the information collection are received, same time, and also consistent with the with our regulations at 21 CFR part OMB recommends that written mandates of section 562 of the FD&C 10.115 we invite comment on our comments be faxed to the Office of Act, we adopted an approach whereby guidance documents at any time. Information and Regulatory Affairs, specific implementation procedures Ultimately, as our resources permit, we OMB, Attn: FDA Desk Officer, Fax: 202– regarding scientific controversy hope to either revise, replace, or 395–7285, or emailed to oira_ associated with review of certain FDA withdraw the subject guidance [email protected]. All decisions are detailed in center-issued document, however, until that time the comments should be identified with the guidance. guidance remains available. OMB control number 0910–0563. Also Accordingly, FDA developed the Accordingly, we are seeking to extend include the FDA docket number found guidance entitled, ‘‘Guidance for OMB approval of the information in brackets in the heading of this Industry on Formal Dispute Resolution: collection and estimate the burden as document. Scientific and Technical Issues Related follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Requests for tier-one DR 2 1 2 30 60 Requests for tier-two DR 1 1 1 8 8

Total ...... 68 1 There are no capital costs or operating and maintenance costs associated with this collection.

As reflected in table 1, we estimate that there will be one appeal to the DR approximately 8 hours to prepare and only a nominal burden for the panel (tier-two DR); (3) that it will take submit each tier-two DR request. We information collection and assume: (1) respondents approximately 30 hours to base this estimate on our experience That two manufacturers will submit two prepare and submit each tier-one DR with the information collection. There requests annually for tier-one DR; (2) request; and (4) that it will take has been no increase in the burden

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15846 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

estimate since the previous OMB in brackets in the heading of this requests for third-party inspection and approval. document. may be found on the internet at https:// Dated: April 6, 2018. FOR FURTHER INFORMATION CONTACT: www.fda.gov/downloads/Medical Leslie Kux, Amber Sanford, Office of Operations, Devices/DeviceRegulationandGuidance/ GuidanceDocuments/UCM085252.pdf. Associate Commissioner for Policy. Food and Drug Administration, Three White Flint North, 10A–12M, 11601 The guidance is intended to assist [FR Doc. 2018–07543 Filed 4–11–18; 8:45 am] device establishments in determining BILLING CODE 4164–01–P Landsdown St., North Bethesda, MD 20852, 301–796–8867, PRAStaff@ whether they are eligible to participate fda.hhs.gov. in the Accredited Persons (AP) Program and, if so, how to submit notification of DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: In HUMAN SERVICES their intent to use the program. The AP compliance with 44 U.S.C. 3507, FDA Program applies to manufacturers who Food and Drug Administration has submitted the following proposed currently market their medical devices collection of information to OMB for in the United States and who also [Docket No. FDA–2017–N–6162] review and clearance. market or plan to market their devices Agency Information Collection Notification of the Intent To Use An in foreign countries. Such Activities; Submission for Office of Accredited Person Under the manufacturers may need current Management and Budget Review; Accredited Persons Inspection Program inspections of their establishments to Comment Request; Notification of the operate in global commerce. OMB Control Number 0910–0569— There are approximately 8,000 foreign Intent To Use An Accredited Person Extension Under the Accredited Persons and 10,000 domestic manufacturers of Inspection Program Section 201 of the Medical Device medical devices. Approximately 5,000 User Fee and Modernization Act of 2002 of these firms only manufacture class I AGENCY: Food and Drug Administration, (Pub. L. 107–250) amended section 704 devices and are, therefore, not eligible HHS. of the Federal Food, Drug, and Cosmetic for the AP Program. In addition, 40 ACTION: Notice. Act by adding paragraph (g) (21 U.S.C. percent of the domestic firms do not 374(g)). This amendment authorized export devices and therefore are not SUMMARY: The Food and Drug FDA to establish a voluntary third-party eligible to participate in the AP Administration (FDA) is announcing inspection program applicable to Program. Further, 10 to 15 percent of the that a proposed collection of manufacturers of class II or class III firms are not eligible due to the results information has been submitted to the medical devices who meet certain of their previous inspection. FDA Office of Management and Budget eligibility criteria. In 2007, the program estimates there are 4,000 domestic (OMB) for review and clearance under was modified by the Food and Drug manufacturers and 4,000 foreign the Paperwork Reduction Act of 1995. Administration Amendments Act of manufacturers that are eligible for DATES: Fax written comments on the 2007 by revising eligibility criteria and inclusion under the AP Program. Based collection of information by May 14, by no longer requiring prior approval by on communications with industry, FDA 2018. FDA. To reflect the revisions, FDA estimates that on an annual basis ADDRESSES: To ensure that comments on modified the title of the collection of approximately 10 of these the information collection are received, information and on March 2, 2009, manufacturers may use an AP in any OMB recommends that written issued a guidance entitled given year. comments be faxed to the Office of ‘‘Manufacturer’s Notification of the In the Federal Register of November Information and Regulatory Affairs, Intent to Use an Accredited Person 21, 2017 (82 FR 55379), FDA published OMB, Attn: FDA Desk Officer, Fax: 202– Under the Accredited Persons a 60-day notice requesting public 395–7285, or emailed to oira_ Inspection Program Authorized by comment on the proposed collection of [email protected]. All Section 228 of the Food and Drug information. No comments were comments should be identified with the Administration Amendments Act of received. OMB control number 0910–0569. Also 2007.’’ This guidance superseded the FDA estimates the burden of this include the FDA docket number found Agency’s previous guidance regarding collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average Activity/21 U.S.C. section Number of responses per Total annual burden per Total hours respondents respondent responses response

Notification regarding use of an AP—374(g) ...... 10 1 10 15 150 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Since the last approval of this notifications received in recent years. Dated: April 6, 2018. information collection, we have updated This adjustment has resulted in a 150- Leslie Kux, the estimated number of respondents hour reduction to the total hour burden Associate Commissioner for Policy. from 20 to 10 respondents per year, estimate. [FR Doc. 2018–07619 Filed 4–11–18; 8:45 am] based on the reduced number of BILLING CODE 4164–01–P

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00063 Fmt 4703 Sfmt 9990 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15847

DEPARTMENT OF HEALTH AND confidential business information, such in the body of your comments and you HUMAN SERVICES as a manufacturing process. Please note must identify this information as that if you include your name, contact ‘‘confidential.’’ Any information marked Food and Drug Administration information, or other information that as ‘‘confidential’’ will not be disclosed [Docket No. FDA–2018–D–1387] identifies you in the body of your except in accordance with 21 CFR 10.20 comments, that information will be and other applicable disclosure law. For Expansion of the Abbreviated 510(k) posted on https://www.regulations.gov. more information about FDA’s posting Program: Demonstrating Substantial • If you want to submit a comment of comments to public dockets, see 80 Equivalence Through Performance with confidential information that you FR 56469, September 18, 2015, or access Criteria; Draft Guidance for Industry do not wish to be made available to the the information at: https://www.gpo.gov/ and Food and Drug Administration public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- Staff; Availability written/paper submission and in the 23389.pdf. manner detailed (see ‘‘Written/Paper Docket: For access to the docket to AGENCY: Food and Drug Administration, Submissions’’ and ‘‘Instructions’’). read background documents or the HHS. Written/Paper Submissions electronic and written/paper comments ACTION: Notice of availability. received, go to https:// Submit written/paper submissions as www.regulations.gov and insert the SUMMARY: The Food and Drug follows: Administration (FDA or Agency) is • docket number, found in brackets in the Mail/Hand delivery/Courier (for heading of this document, into the announcing the availability of the draft written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts guidance entitled ‘‘Expansion of the Management Staff (HFA–305), Food and and/or go to the Dockets Management Abbreviated 510(k) Program: Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, Demonstrating Substantial Equivalence Lane, Rm. 1061, Rockville, MD 20852. Through Performance Criteria; Draft • For written/paper comments Rockville, MD 20852. You may submit comments on any Guidance for Industry and Food and submitted to the Dockets Management guidance at any time (see 21 CFR Drug Administration Staff.’’ This draft Staff, FDA will post your comment, as guidance provides FDA’s current well as any attachments, except for 10.115(g)(5)). An electronic copy of the guidance thinking on expanding the abbreviated information submitted, marked and document is available for download 510(k) program for demonstrating identified, as confidential, if submitted from the internet. See the substantial equivalence for premarket as detailed in ‘‘Instructions.’’ notification (510(k)) submissions. The Instructions: All submissions received SUPPLEMENTARY INFORMATION section for intent of the draft guidance is to must include the Docket No. FDA– information on electronic access to the describe an optional program for certain 2018–D–1387 for ‘‘Expansion of the guidance. Submit written requests for a well understood device types, where a Abbreviated 510(k) Program: single hard copy of the draft guidance submitter could demonstrate that a new Demonstrating Substantial Equivalence document entitled ‘‘Expansion of the device meets FDA-identified Through Performance Criteria; Draft Abbreviated 510(k) Program: performance criteria instead of directly Guidance for Industry and Food and Demonstrating Substantial Equivalence comparing the performance of the new Drug Administration Staff.’’ Received Through Performance Criteria; Draft device to a specific, submitter-identified comments will be placed in the docket Guidance for Industry and Food and predicate device as part of a and, except for those submitted as Drug Administration Staff’’ to the Office demonstration of substantial ‘‘Confidential Submissions,’’ publicly of the Center Director, Guidance and equivalence. This draft guidance is not viewable at https://www.regulations.gov Policy Development, Center for Devices final nor is it in effect at this time. or at the Dockets Management Staff and Radiological Health, Food and Drug Administration, 10903 New Hampshire DATES: Submit either electronic or between 9 a.m. and 4 p.m., Monday Ave., Bldg. 66, Rm. 5431, Silver Spring, written comments on the draft guidance through Friday. MD 20993–0002; or the Office of by July 11, 2018 to ensure that the • Confidential Submissions—To Communication, Outreach and Agency considers your comment on this submit a comment with confidential Development, Center for Biologics draft guidance before it begins work on information that you do not wish to be Evaluation and Research, Food and the final version of the guidance. made publicly available, submit your comments only as a written/paper Drug Administration, 10903 New ADDRESSES: You may submit comments Hampshire Ave., Bldg. 71, Rm. 3128, on any guidance at any time as follows: submission. You should submit two copies total. One copy will include the Silver Spring, MD 20993–0002. Send Electronic Submissions information you claim to be confidential one self-addressed adhesive label to Submit electronic comments in the with a heading or cover note that states assist that office in processing your following way: ‘‘THIS DOCUMENT CONTAINS request. • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The FOR FURTHER INFORMATION CONTACT: https://www.regulations.gov. Follow the Agency will review this copy, including For Center for Devices and instructions for submitting comments. the claimed confidential information, in Radiological Health-regulated devices: Comments submitted electronically, its consideration of comments. The Sonja Fulmer, Office of the Center including attachments, to https:// second copy, which will have the Director, Food and Drug www.regulations.gov will be posted to claimed confidential information Administration, 10903 New Hampshire the docket unchanged. Because your redacted/blacked out, will be available Ave., Bldg. 66, Rm. 5421, Silver Spring, comment will be made public, you are for public viewing and posted on MD 20993–0002, 301–402–5979. solely responsible for ensuring that your https://www.regulations.gov. Submit For Center for Biologics Evaluation comment does not include any both copies to the Dockets Management and Research-regulated devices: confidential information that you or a Staff. If you do not wish your name and Stephen Ripley, Food and Drug third party may not wish to be posted, contact information to be made publicly Administration, 10903 New Hampshire such as medical information, your or available, you can provide this Ave., Bldg. 71, Rm. 7301, Silver Spring, anyone else’s Social Security number, or information on the cover sheet and not MD 20993–0002, 240–402–7911.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15848 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

SUPPLEMENTARY INFORMATION: guidance, when finalized, will represent by interested persons between 9 a.m. the current thinking of FDA on and 4 p.m., Monday through Friday; it I. Background ‘‘Expansion of the Abbreviated 510(k) is also available electronically at https:// FDA has explained and clarified, Program: Demonstrating Substantial www.regulations.gov. FDA has verified through the guidance entitled, ‘‘The Equivalence Through Performance the website address, as of the date this 510(k) Program: Evaluating Substantial Criteria; Draft Guidance for Industry and document publishes in the Federal Equivalence in Premarket Notifications Food and Drug Administration Staff.’’ It Register, but websites are subject to [510(k)]’’ (Ref. 1), how it makes does not establish any rights for any change over time. substantial equivalence decisions under person and is not binding on FDA or the section 513(i)(1)(A) of the Federal, Food, 1. ‘‘The 510(k) Program: Evaluating public. You can use an alternative Substantial Equivalence in Premarket Drug, and Cosmetic Act (FD&C Act) (21 approach if it satisfies the requirements Notifications [510(k)]—Guidance for U.S.C. 360c(i)(1)(A)). Substantial of the applicable statutes and Industry and Food and Drug equivalence is rooted in comparisons regulations. This guidance is not subject Administration Staff,’’ July 28, 2014, between new devices and predicate to Executive Order 12866. available at: https://www.fda.gov/ devices. However, the FD&C Act does MedicalDevices/DeviceRegulation not preclude FDA from using III. Electronic Access andGuidance/GuidanceDocuments/ performance criteria to facilitate this Persons interested in obtaining a copy UCM284443. comparison. If a legally marketed device of the draft guidance may do so by Dated: April 9, 2018. performs at certain levels relevant to its downloading an electronic copy from Leslie Kux, safety and effectiveness, and a new the internet. A search capability for all Associate Commissioner for Policy. device meets or exceeds those levels of Center for Devices and Radiological [FR Doc. 2018–07564 Filed 4–11–18; 8:45 am] performance for the same Health guidance documents is available characteristics, FDA could find the new at https://www.fda.gov/MedicalDevices/ BILLING CODE 4164–01–P device as safe and effective as the DeviceRegulationandGuidance/ legally marketed device. Instead of GuidanceDocuments/default.htm. This DEPARTMENT OF HEALTH AND reviewing data from direct comparison draft guidance document is also HUMAN SERVICES testing between the two devices, FDA available at either https://www.fda.gov/ could support a finding of substantial BiologicsBloodVaccines/Guidance Food and Drug Administration equivalence with data showing the new ComplianceRegulatoryInformation/ device meets or exceeds the level of default.htm or https:// [Docket No. FDA–2014–N–1030] performance of appropriate predicate www.regulations.gov. Persons unable to Agency Information Collection device(s). Under the approach expanded download an electronic copy of Activities; Submission for Office of in this guidance, a submitter could ‘‘Expansion of the Abbreviated 510(k) Management and Budget Review; satisfy the requirement to compare its Program: Demonstrating Substantial Comment Request; Food Allergen device with a legally marketed device Equivalence Through Performance Labeling and Reporting by, among other things, demonstrating Criteria; Draft Guidance for Industry and conformance to performance criteria Food and Drug Administration Staff’’ AGENCY: Food and Drug Administration, established in FDA-recognized may send an email request to CDRH- HHS. consensus standards, FDA guidance, [email protected] to receive an ACTION: Notice. and/or special controls. electronic copy of the document. Please Use of this approach may also use the document number 17038 to SUMMARY: The Food and Drug streamline the review of 510(k) identify the guidance you are Administration (FDA) is announcing submissions, thereby reducing burdens requesting. that a proposed collection of on the Agency and possibly review information has been submitted to the times on individual submissions. In IV. Paperwork Reduction Act of 1995 Office of Management and Budget addition, this approach may facilitate This draft guidance refers to (OMB) for review and clearance under healthcare professionals and patients previously approved collections of the Paperwork Reduction Act of 1995. making better informed decisions, by information found in FDA regulations DATES: Fax written comments on the helping ensure a device cleared through and guidance. These collections of collection of information by May 14, this pathway meets a transparent set of information are subject to review by the 2018. performance criteria. At the same time, Office of Management and Budget ADDRESSES: To ensure that comments on this approach satisfies the statutory (OMB) under the Paperwork Reduction the information collection are received, standard for demonstrating substantial Act of 1995 (44 U.S.C. 3501–3520). The OMB recommends that written equivalence. As a result, this expanded collections of information in 21 CFR comments be faxed to the Office of approach is intended to promote the 807, subpart E have been approved Information and Regulatory Affairs, public health by helping patients gain under OMB control number 0910–0120 OMB, Attn: FDA Desk Officer, Fax: 202– more timely access to new medical and the collections of information in the 395–7285, or emailed to oira_ devices that are high quality, safe, and guidance document ‘‘Requests for [email protected]. All effective. FDA welcomes public input Feedback on Medical Device comments should be identified with the on device types for which FDA should Submissions: The Pre-Submission OMB control number 0910–0792. Also consider identifying performance Program and Meetings with Food and include the FDA docket number found criteria and evidence-based suggestions Drug Administration Staff’’ have been in brackets in the heading of this on what the performance criteria should approved under OMB control number document. be. 0910–0756. FOR FURTHER INFORMATION CONTACT: II. Significance of Guidance V. Reference Domini Bean, Office of Operations, This draft guidance is being issued The following reference is on display Food and Drug Administration, Three consistent with FDA’s good guidance in the Dockets Management Staff (see White Flint North, 10A–12M, 11601 practices regulation (§ 10.115). The draft ADDRESSES) and is available for viewing Landsdown St., North Bethesda, MD

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15849

20852, 301–796–5733, PRAStaff@ that demonstrates that the ingredient FD&C Act. An ingredient may obtain an fda.hhs.gov. ‘‘does not cause an allergic response exemption through submission and SUPPLEMENTARY INFORMATION: In that poses a risk to human health’’ approval of a petition containing compliance with 44 U.S.C. 3507, FDA (section 403(w)(6) of the FD&C Act). scientific evidence that demonstrates has submitted the following proposed Alternately, an ingredient may become that the ingredient ‘‘does not cause an collection of information to OMB for exempt through submission of a allergic response that poses a risk to review and clearance. notification containing scientific human health’’ (section 403(w)(6) of the evidence showing that the ingredient FD&C Act). This section also states that Food Allergen Labeling and Reporting ‘‘does not contain allergenic protein’’ or the burden shall be on the petitioner to OMB Control Number 0910–0792— that there has been a previous provide scientific evidence (including Extension determination through a premarket the analytical method used to produce approval process under section 409 of the evidence) that demonstrates that This information collection supports the FD&C Act (21 U.S.C. 348) that the such food ingredient, as derived by the third-party disclosure requirements of ingredient ‘‘does not cause an allergic method specified in the petition, does food allergen labeling, as well as the response that poses a risk to human not cause an allergic response that poses reporting associated with the health’’ (section 403(w)(7) of the FD&C a risk to human health. Alternately, an submission of petitions and Act). ingredient may become exempt through notifications seeking exemptions from submission of a notification containing A. Third-Party Disclosure the labeling requirements for scientific evidence showing that the ingredients derived from major food The labeling requirements of section ingredient ‘‘does not contain allergenic allergens under section 403(w)(6) and 403(w)(1) of the FD&C Act apply to all protein’’ or that there has been a (7) of the FD&C Act (21 U.S.C. 343(w)(6) packaged foods sold in the United States previous determination through a and (7)). The Food Allergen Labeling that are regulated under the FD&C Act, premarket approval process under and Consumer Protection Act of 2004 including both domestically section 409 of the FD&C Act that the (FALCPA) (Title II, Pub. L. 108–282) manufactured and imported foods. As ingredient ‘‘does not cause an allergic amended the FD&C Act by defining the noted, section 403(w)(1) of the FD&C response that poses a risk to human term ‘‘major food allergen’’ and stating Act requires that the label of a food health’’ (section 403(w)(7) of the FD&C that foods regulated under the FD&C Act product declare the presence of each Act). are misbranded unless they declare the major food allergen. We estimate the Our document entitled ‘‘Food presence of each major food allergen on information collection burden of the Allergen Labeling Exemption Petitions the product label using the name of the third-party disclosure associated with and Notifications: Guidance for food source from which the major food food allergen labeling under section Industry,’’ sets forth our allergen is derived. Section 403(w)(1) of 403(w)(1) of the FD&C Act as the time recommendations with regard to the the FD&C Act sets forth the needed for a manufacturer to review the information that an interested party requirements for declaring the presence labels of new or reformulated products should submit in such a petition or of each major food allergen on the for compliance with the requirements of notification. The guidance states that to product label. Section 201(qq) of the section 403(w)(1) of the FD&C Act and evaluate these petitions and FD&C Act (21 U.S.C. 321(qq)) defines a the time needed to make any needed notifications, we will consider scientific major food allergen as ‘‘[m]ilk, egg, fish modifications to the labels of those evidence that describes: (1) The identity (e.g., bass, flounder, or cod), Crustacean products. or composition of the ingredient; (2) the shellfish (e.g., crab, lobster, or shrimp), The primary user of the allergen methods used to produce the ingredient; tree nuts (e.g., almonds, pecans, or information disclosed on the label or (3) the methods used to characterize the walnuts), wheat, peanuts, and labeling of food products is the ingredient; (4) the intended use of the soybeans’’ and also as a food ingredient consumer that purchases the food ingredient in food; and (5) either (a) for that contains protein derived from such product. Consumers will use the a petition—data and information, foods. The definition excludes any information to help them make choices including the expected level of highly refined oil derived from a major concerning their purchase of a food consumer exposure to the ingredient, food allergen and any ingredient product, including choices related to that demonstrate that the ingredient, derived from such highly refined oil. substances that the consumer wishes to when manufactured and used as In some cases, the production of an avoid due to their potential to cause described, does not cause an allergic ingredient derived from a major food adverse reactions. Additionally, we response that poses a risk to human allergen may alter or eliminate the intend to use the information to health; or (b) for a notification, data and allergenic proteins in that derived determine whether a manufacturer or information that demonstrate that the ingredient to such an extent that it does other supplier of food products is ingredient, when manufactured as not contain allergenic protein. In meeting its statutory obligations. Failure described, does not contain allergenic addition, a major food allergen may be of a manufacturer or other supplier of protein, or documentation of a previous used as an ingredient or as a component food products to label its products in determination under a process under of an ingredient such that the level of compliance with section 403(w)(1) of section 409 of the FD&C Act that the allergenic protein in finished food the FD&C Act may result in a product ingredient does not cause an allergic products does not cause an allergic being misbranded under the FD&C Act response that poses a risk to human response that poses a risk to human and the manufacturer or packer and the health. health. Therefore, FALCPA provides product subject to regulatory action. We use information submitted in two mechanisms through which such petitions and notifications to determine ingredients may become exempt from B. Reporting whether the ingredient satisfies the the labeling requirement of section Under section 403(w)(6) and (7) of the criteria of section 403(w)(6) and (7) of 403(w)(1) of the FD&C Act. An FD&C Act, interested parties may the FD&C Act for granting the ingredient may obtain an exemption request from us a determination that an exemption. through submission and approval of a ingredient is exempt from the labeling In the Federal Register of December petition containing scientific evidence requirement of section 403(w)(1) of the 12, 2017 (82 FR 58407), we published a

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15850 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

60-day notice inviting public comment the information collection but did not therefore retain the currently approved on the proposed extension of this otherwise respond to the topics estimate of the associated burden for the collection of information. One comment solicited, nor did the comment suggest information collection, which is as was received that expressed support for we revise our burden estimate. We follows:

TABLE 1—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1

Number of Number of disclosures Total annual Average FD&C act section/activity respondents per disclosures burden per Total hours respondent disclosure

403(w)(1); review labels for compliance with food allergen labeling requirements ...... 77,500 1 77,500 1 77,500 403(w)(1); redesign labels to comply with food allergen labeling requirements ...... 3,875 1 3,875 16 62,000

Total ...... 139,500 1There are no capital costs or operating and maintenance costs associated with this collection of information.

Using a labeling cost model to approximately 85,000 UPCs of FDA- with the food allergen labeling estimate the number of new or regulated dietary supplements for a total requirements under section 403(w)(1) of reformulated products sold in the of 775,000 UPCs. We assume an annual the FD&C Act to be 1 hour, and we United States, annually, that are affected entry rate of 10 percent for new or estimate 16 hours for the redesign of a by the requirements of section 403(w)(1) reformulated UPCs (77,500), and assume label. Together we estimate a total of the FD&C Act, we estimate there are 5 percent of labels may be redesigned annual hourly burden of 139,500 in 690,000 Universal Product Codes (3,875). We estimate an average burden third-party disclosure. (UPCs) of FDA-regulated foods and for the review of labels for compliance

TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average FD&C act section/activity Number of responses per Total annual burden per Total hours respondents respondent responses response

403(w)(6); petition for exemption ...... 5 1 5 100 500 403(w)(7); notification ...... 5 1 5 68 340

Total ...... 840 1There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on the number of petitions and premarket approval or notification three of the five notifications would be notifications received in recent years, program under section 409 of the FD&C based on scientific evidence, and two of we assume that we will receive five Act, or the respondent would submit the five notifications would be based on petitions and five notifications scientific evidence demonstrating that our determination. The average time per annually, over the next 3 years. the ingredient when manufactured as notification is then estimated to be 68 Assuming an association of one described does not contain allergenic hours (2 × 20 hours + 3 × 100 hours)/ respondent to each petition or protein. We estimate that it would take 5). Therefore, we estimate that the notification, we estimate that five a respondent 20 hours to prepare and burden associated with notifications respondents will each submit one submit a notification based on our will be 340 hours annually (5 determination under a process under petition and five respondents will each notifications × 68 hours per section 409 of the FD&C Act that the submit one notification, as reported in notification), as reported in table 2. The ingredient does not cause an allergic table 2, rows 1 and 2. burden estimate has not increased since We base our estimate of the average response. We estimate that it would take the initial OMB approval. burdens per response reported in table a respondent approximately 100 hours 2 on our experience with other petition to prepare a notification submitting Dated: April 6, 2018. processes. We estimate that a petition scientific evidence (including the Leslie Kux, would take, on average, 100 hours to analytical method used) that Associate Commissioner for Policy. demonstrates that the food ingredient develop and submit. Therefore, we [FR Doc. 2018–07545 Filed 4–11–18; 8:45 am] estimate that the burden associated with (as derived by the method specified in petitions will be 500 hours annually (5 the notification, where applicable) does BILLING CODE 4164–01–P petitions × 100 hours per petition). not contain allergenic protein. We have The burden of a notification involves no data on how many notifications collecting documentation that a food would be based on our determination ingredient does not pose an allergen that the ingredient does not cause an risk. Either we can make a allergic response or based on scientific determination that the ingredient does evidence that demonstrates that the food not cause an allergic response that poses ingredient does not contain allergenic a risk to human health under a protein. Therefore, we estimate that

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00067 Fmt 4703 Sfmt 9990 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15851

DEPARTMENT OF HEALTH AND experts on issues facing agricultural FOR FURTHER INFORMATION CONTACT: HUMAN SERVICES workers, including the status of Wanda K. Jones, Dr. P.H., Interim agricultural worker health at the local Director, Office of Research Integrity, Health Resources and Services and national levels. Topics addressed at 1101 Wootton Parkway, Suite 750, Administration this meeting include: Rockville, MD 20852, (240) 453–8200. I. Migrant and Seasonal Agricultural SUPPLEMENTARY INFORMATION: Notice is National Advisory Council on Migrant Worker Regional Health Issues/Trends; hereby given that the Office of Research Health and Integrity (ORI) has taken final action in AGENCY: Health Resources and Services II. Occupational and Environmental the following case: Administration (HRSA), Department of Hazards and Injuries Impacting Migrant Brandi M. Baughman, Ph.D., Health and Human Services (HHS). and Seasonal Agricultural Worker University of North Carolina at Chapel Health. ACTION: Notice of meeting. Hill: Based on an assessment conducted In addition, NACMH will hold a by UNC, Respondent’s admission, and SUMMARY: In accordance with the session where migratory and seasonal analysis conducted by ORI in its Federal Advisory Committee Act, notice agricultural workers will comment on oversight review, ORI found that Dr. is hereby given that a National Advisory matters affecting the health of migratory Baughman, postdoctoral fellow in the Council on Migrant Health (NACMH) and seasonal agricultural workers. This Center for Integrative Chemical Biology meeting has been scheduled. This session is scheduled for Tuesday, May and Drug Discovery, Division of meeting will be open to the public. The 8, 2018, from 1:30 p.m. to 5:00 p.m. at Chemical Biology and Medicinal agenda for the NACMH meeting can be the Holiday Inn Downtown Yakima, Chemistry, UNC, engaged in research obtained by contacting the Designated Yakima, WA. Agenda items are subject misconduct in research supported by Federal Officer (DFO) or accessing the to change as priorities dictate. NIGMS, NIH, grant R01 GM100919. A NACMH website: https://bphc.hrsa.gov/ Members of the public will not be previous notice of research misconduct qualityimprovement/strategic able to provide oral comments during findings based on Respondent’s prior partnerships/nacmh/index.html. the meeting. Written questions or admission (Fed. Reg. 82(117):28078– comments for the NACMH may be sent DATES: The meeting will be held on May 28079, 2017 July 20) included eleven to the DFO by April 24, 2018, using the (11) figures in PLoS One 8, 2018, 8:30 a.m.–5:30 p.m., and May address and phone number provided 9, 2018, 9:30 a.m.–5:30 p.m. 11(10):e0164378, 2016 in research above. Individuals who plan to attend supported by the National Institute of ADDRESSES: The address for the meeting the meeting and need special assistance, is Holiday Inn Downtown Yakima, 802 Environmental and Health Sciences such as sign language interpretation or (NIEHS), NIH, and the National Institute East Yakima Ave., Yakima, WA 98901. other reasonable accommodations, Phone Number: 509–494–7000. of Diabetes and Digestive and Kidney should notify the DFO at least 10 days Diseases (NIDDK), NIH. The Respondent FOR FURTHER INFORMATION CONTACT: All prior to the meeting. has signed a statement confirming that requests for information regarding the Dated: April 6, 2018. she committed no additional instances NACMH should be sent to Esther Paul, Lori Roche, of data manipulation. DFO, NACMH, HRSA, in one of three Acting Deputy Director, Division of the ORI found that Respondent engaged ways: (1) Send a request to the following Executive Secretariat. in research misconduct by falsifying address: Esther Paul, Office of Policy [FR Doc. 2018–07523 Filed 4–11–18; 8:45 am] data that were included in the first and Program Development, Bureau of BILLING CODE 4165–15–P submission of a manuscript to ACS Primary Health Care, HRSA, 5600 Chem. Biol. (hereafter referred to as the Fishers Lane, 16N38B, Rockville, ‘‘Manuscript’’) and in the final Maryland 20857; (2) call (301) 594– DEPARTMENT OF HEALTH AND published version: Baughman, B.M., 4300; or (3) send an email to epaul@ HUMAN SERVICES Pattenden, S.G., Norris, J.L., James, L.I., hrsa.gov. & Frye, S.V. ‘‘The L3MBTL3 methyl- SUPPLEMENTARY INFORMATION: The Office of the Secretary lysine reader domain functions as a NACMH is a non-discretionary advisory dimer.’’ ACS Chem. Biol. 11:722–728, body mandated by the Public Health Findings of Research Misconduct 2016 (hereafter referred to as ‘‘ACS Service Act (PHSA), Title 42 U.S.C. 218, AGENCY: Office of the Secretary, HHS. 2016’’). The paper was retracted in: ACS to advise, consult with, and make ACTION: Notice. Chem. Biol. 13(1):281, 2018 Jan 19. recommendations to the Secretary of Respondent falsely reused and HHS and the Administrator of HRSA SUMMARY: Findings of research relabeled 14 individual Western blot regarding the organization, operation, misconduct have been made on the part images from an unrelated experiment selection, and funding of migrant health of Brandi M. Baughman, Ph.D., conducted in September 2013 showing centers and other entities funded under postdoctoral fellow in the Center for pulldown with biotin-UNC1215 using section 330(g) of the PHSA (42 U.S.C. Integrative Chemical Biology and Drug 0401 and HeLa overexpressed FL 254b). The Charter requires NACMH to Discovery, Division of Chemical Biology L3MBTL3 lysates (hereafter referred to meet at least twice per year to discuss and Medicinal Chemistry, University of as the ‘‘9/13 experiment’’) to falsely services and issues related to the health North Carolina at Chapel Hill (UNC). Dr. represent Western blot analysis of of migrant and seasonal agricultural Baughman engaged in research GFP.Flag co-IP experiments in GFP–WT workers and their families and to misconduct in research supported by lysates in Figure 3 of the Manuscript formulate their recommendations to the National Institute of General Medical and a supplementary analysis of co-IPs HHS Secretary and HRSA Sciences (NIGMS), National Institutes of with FullL–D274A in Figure 6 of ASC Administrator. Health (NIH), grant R01 GM100919. The 2016. Specifically, Respondent used Agenda: The agenda includes an administrative actions, including Western blot band images from: overview of NACMH’s general business debarment for a period of two (2) years, • Lanes 3 and 4 (GFP input and GFP activities. NACMH will also hear were implemented beginning on March Bn-1215 IP; 9/13 experiment) to presentations from a Federal official and 19, 2018, and are detailed below. represent:

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15852 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Æ Lanes 1 and 2 (GFP:FLAG co-IP committee, board, and/or peer review and Response (ASPR), in the experiments in 3MBT–GFP lysates in committee, or as a consultant. Department of Health and Human the presence or absence of D381A; Services is seeking clearance by the Wanda K. Jones, Figure 3, Manuscript) Office of Management of Budget (OMB) Interim Director, Office of Research Integrity. Æ N = 3 in Figure S6, ACS 2016 for an extension on Generic Data [FR Doc. 2018–07521 Filed 4–11–18; 8:45 am] • Collection Form. The Generic Data Lanes 5 and 6 (GFP/Flag Input and BILLING CODE 4150–31–P Collection Form will serve as the GFP/FlagIP; 9/13 experiment) to foundation for assessment and represent: evaluation for HPP stakeholders, Æ Lanes 3 and 4 (GFP:Flag co-IP DEPARTMENT OF HEALTH AND recipients, and sub-recipient programs experiments in FL–GFP–WT lysates; HUMAN SERVICES and performance under the HPP Figure 3, Manuscript) [Document Identifier: OS–0990–0391] Cooperative Agreement (CA) Program. Æ N = 1 in Figure S6, ACS 2016 Program data are gathered from Agency Information Collection recipients for both ad-hoc episodic • Lanes 9 and 10 (mCherry input and Request; 60-Day Public Comment reporting as well as required reporting mCherry Bn-1215 IP; 9/13 experiment) Request as part of the HPP Cooperative to represent: Agreement. Ad-hoc reporting includes AGENCY: Office of the Secretary, HHS Æ Lanes 5 and 6 (GFP:FLAG co-IP but is not limited to Coalition experiments in FL–GFP lysates in the ACTION: Notice. Assessment Tool (CAT) Data Collection presence or absence of D381A; Figure 3, Tool, Impact Survey, HPP Partner Manuscript) SUMMARY: In compliance with the requirement of the Paperwork Survey, CA after action reports, Ebola • Lanes 11 and 12 (mCherry/Flag Reduction Act of 1995, the Office of the and Other Special Pathogens. Required input and mCherry/Flag IP; 9/13 Secretary (OS), Department of Health reporting include: Mid-Year and End-of- experiment) to represent: and Human Services, is publishing the Year Progress Reports and other similar Æ Lanes 7 and 8 (GFP:FLAG co-IP following summary of a proposed information collections (ICs) that experiments in FL–GFP WT lysates; collection for public comment. account for recipient spending and Figure 3, Manuscript) program performance on all activities DATES: Comments on the ICR must be conducted in pursuit of achieving the • lanes 13 and 14 (mCherry/Flag IP received on or before June 11, 2018. HPP Cooperative Agreement goals. unbound and mCherry/Flag BN–1215; ADDRESSES: Submit your comments to As part of its health care sector 9/13 experiment) to represent: [email protected] or by calling preparedness and response obligations, Æ Lanes 9 and 10 (GFP:FLAG co-IP (202) 795–7714. HPP actively collaborates with The experiments in FL–GFP lysates in the FOR FURTHER INFORMATION CONTACT: Centers for Disease Control and presence or absence of D274A; Figure 3, When submitting comments or Prevention (CDC) Public Health manuscript requesting information, please include Emergency Preparedness (PHEP) Æ N = 2 in Figure S6, ACS 2016 the document identifier 0990–0391 and Program in order to realize health care project title for reference, to Dr. Baughman entered into a preparedness and response goals. As [email protected], or call the part of the HPP Cooperative Agreement, Voluntary Exclusion Agreement. The Reports Clearance Officer. following administrative actions have the HPP data collection supports the been implemented for a period of two SUPPLEMENTARY INFORMATION: Interested U.S. public health and health care (2) years, beginning on March 19, 2018: persons are invited to send comments systems’ ability to prepare for and to regarding this burden estimate or any respond effectively to public health (1) Because Dr. Baughman knew when other aspect of this collection of emergencies within the United States she signed the 2017 Agreement with information, including any of the and associated territories and freely ORI that there was an additional paper following subjects: (1) The necessity and associated states. Recent public health with falsified figures, she agreed to utility of the proposed information threats of potentially catastrophic exclude herself voluntarily from any collection for the proper performance of proportion underscore the importance contracting or subcontracting with any the agency’s functions; (2) the accuracy of effective planning and response agency of the United States Government of the estimated burden; (3) ways to capabilities that can be applied to all and from eligibility or involvement in enhance the quality, utility, and clarity hazards. As new threats to public health nonprocurement programs of the United of the information to be collected; and and health care emerge, ASPR must States Government referred to as (4) the use of automated collection ensure that health and medical systems ‘‘covered transactions’’ pursuant to techniques or other forms of information are not only integral parts of emergency HHS’ Implementation (2 CFR part 376) technology to minimize the information response activities but also part of of OMB Guidelines to Agencies on collection burden. emergency preparedness planning with Governmentwide Debarment and Title of the Collection: Hospital all relevant partners. Increased Suspension, 2 CFR part 180 (collectively Preparedness Program Data Collection. cooperation among responders, the ‘‘Debarment Regulations’’); this Type of Collection: Extension. including state and local public health Agreement supersedes the terms of the OMB Number: 0990–0391—Hospital officials, emergency medical services previous supervision Agreement that Preparedness Program (HPP) within the (EMS), health care coalitions (HCCs), included three (3) years of research Division of National Healthcare and private health care organizations, supervision, which began on May 17, Preparedness Programs (NHPP). ensure the nation is better prepared to 2017; and Abstract: The Hospital Preparedness respond to all hazards. State public (2) Dr. Baughman agreed to exclude Program (HPP) within the Division of health departments and the mostly herself voluntarily from serving in any National Healthcare Preparedness private sector health care delivery advisory capacity to the U.S. Public Programs (NHPP), in the Office of systems are now recognized as essential Health Service (PHS) including, but not Emergency Management (OEM), Office partners in emergency response and limited to, service on any PHS advisory of Assistant Secretary for Preparedness they have increased abilities to identify

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15853

and mitigate potential threats to the This generic data collection effort is Goal guides entities at all levels of public’s health. The HPP data collection crucial to HPP’s decision-making government in the development and provides key health care and public process regarding the continued maintenance of capabilities to prevent, health data to support technical existence, design and funding levels of protect against, respond to and recover assistance. The data collections also this program. Results from these data from major events. Additionally, the help to identify resources to support analyses enable HPP to monitor health Goal will assist entities at all levels of state, local, and territorial public health care emergency preparedness and government in the development and departments, HCCs, and health care progress towards national preparedness maintenance of the capabilities to organizations, and they help to show and response goals. HPP supports identify, prioritize and protect critical measurable and sustainable progress priorities outlined by the National infrastructure. toward achieving the preparedness and Preparedness Goal (the Goal) response capabilities that promote established by the Department of This request is for 3 years; for annual prepared and resilient communities. Homeland Security (DHS) in 2005.1 The and ad-hoc reporting.

ANNUALIZED BURDEN HOUR TABLE

Number of Average Forms Respondents Number of responses per burden per Total burden (If necessary) (If necessary) respondents respondents response hours

Generic and Future Program Data Information HPP Awardees and 62 1 58 3,596 Collection(s). Sub-awardees.

Total ...... 1 ...... 3,596

Date: April 6, 2018. necessity and utility of the proposed Emergency Information Collection Terry Clark, information collection for the proper Clearance Request, Reinstatement with Office of the Secretary, Asst Paperwork performance of the agency’s functions; change. Reduction Act Reports Clearance Officer. (2) the accuracy of the estimated Office: HHS, Office of the Assistant [FR Doc. 2018–07534 Filed 4–11–18; 8:45 am] burden; (3) ways to enhance the quality, Secretary for Health, Office of HIV/AIDS BILLING CODE 4150–37–P utility, and clarity of the information to & Infectious Disease Policy. be collected; and (4) the use of Abstract: The NBCUS is a biennial automated collection techniques or survey of the blood collection and DEPARTMENT OF HEALTH AND other forms of information technology to utilization community to produce HUMAN SERVICES minimize the information collection reliable and accurate estimates of burden. [Document Identifier: OS–0990–0313] national and regional collections, To obtain copies of the supporting utilization and safety of all blood Agency Emergency Information statement and any related forms for the products. The survey questionnaire will Collection Clearance Request for proposed paperwork collections be mailed to approximately 2,800 Public Comment referenced above, email your request, institutions that include hospitals and including your address, phone number, AGENCY: Office of the Secretary, HHS. blood collection facilities selected from In compliance with the requirement OMB number, and OS document the American Hospital Association of the Paperwork Reduction Act of 1995, identifier, to [email protected], or (AHA) annual survey database and the Office of the Secretary (OS), call the Reports Clearance Office on AABB member list of blood collection Department of Health and Human (202) 795–7714. Written comments and facilities. The survey includes a core of Services, is publishing the following recommendations for the proposed standard questions on blood collection, summary of a proposed information information collections must be directed processing, and utilization practices to collection request for public comment. to the OS Paperwork Clearance Officer allow for comparison with data from Interested persons are invited to send at the above email address within 7 previous surveys. Questions to comments regarding this burden days. specifically address emerging and estimate or any other aspect of this Proposed Project: National Blood developing issues and technologies in collection of information, including any Collection & Utilization Survey blood collection and utilization are of the following subjects: (1) The (NBCUS), OMB No. 0990–0313, included.

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average Type of respondent Number of responses per burden hours Total burden respondents respondent per response hours

Hospitals, blood collection centers, cord blood banks ...... 2,800 1 1 2,800

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00070 Fmt 4703 Sfmt 9990 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15854 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Terry Clark, Closed: 1:00 p.m. to 2:00 p.m. applicable, the business or professional Asst Paperwork Reduction Act Reports Agenda: To review and evaluate grant affiliation of the interested person. Clearance Officer, Office of the Secretary. applications. In the interest of security, NIH has instituted stringent procedures for entrance [FR Doc. 2018–07535 Filed 4–11–18; 8:45 am] Place: National Institutes of Health, Natcher Building, 45 Center Drive, onto the NIH campus. All visitor vehicles, BILLING CODE 4150–41–P Conference Room E1/E2, Bethesda, MD including taxicabs, hotel, and airport shuttles 20892. will be inspected before being allowed on Open: 2:00 p.m. to 4:00 p.m. campus. Visitors will be asked to show one DEPARTMENT OF HEALTH AND Agenda: To review the Division’s scientific form of identification (for example, a HUMAN SERVICES and planning activities. government-issued photo ID, driver’s license, Place: National Institutes of Health, or passport) and to state the purpose of their National Institutes of Health Natcher Building, 45 Center Drive, visit. Conference Room E1/E2, Bethesda, MD Information is also available on the National Institute of Diabetes and 20892. Institute’s/Center’s home Digestive and Kidney Diseases; Notice Contact Person: Karl F. Malik, Ph.D., page:www.niddk.nih.gov/fund/divisions/ of Meetings Acting Director, Division of Extramural DEA/Council/coundesc.htm., where an Activities, National Institutes of Diabetes and agenda and any additional information for Pursuant to section 10(d) of the Digestive and Kidney Diseases, 6707 the meeting will be posted when available. Federal Advisory Committee Act, as Democracy Blvd., Room 7329, MSC 5452, (Catalogue of Federal Domestic Assistance amended, notice is hereby given of Bethesda, MD 20892, (301) 594–4757, Program Nos. 93.847, Diabetes, meetings of the National Diabetes and [email protected]. Endocrinology and Metabolic Research; Digestive and Kidney Diseases Advisory Name of Committee: National Diabetes and 93.848, Digestive Diseases and Nutrition Council. Digestive and Kidney Diseases Advisory Research; 93.849, Kidney Diseases, Urology The meetings will be open to the Council, Kidney, Urologic and Hematologic and Hematology Research, National Institutes public as indicated below, with Diseases. of Health, HHS) attendance limited to space available. Date: May 16, 2018. Dated: April 9, 2018. Open: 1:00 p.m. to 2:15 p.m. Individuals who plan to attend and David D. Clary, need special assistance, such as sign Agenda: To review the Division’s scientific and planning activities. Program Analyst, Office of Federal Advisory language interpretation or other Place: National Institutes of Health, Committee Policy. reasonable accommodations, should Natcher Building, 45 Center Drive, [FR Doc. 2018–07613 Filed 4–11–18; 8:45 am] notify the Contact Person listed below Conference Room F1/F2, Bethesda, MD BILLING CODE 4140–01–P in advance of the meeting. 20892. The meetings will be closed to the Closed: 2:30 p.m. to 4:00 p.m. public in accordance with the Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND provisions set forth in sections applications. HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: National Institutes of Health, as amended. The grant applications and Natcher Building, 45 Center Drive, National Institutes of Health the discussions could disclose Conference Room F1/F2, Bethesda, MD 20892. confidential trade secrets or commercial National Institute of Dental & Contact Person: Karl F. Malik, Ph.D., Craniofacial Research; Notice of property such as patentable material, Acting Director, Division of Extramural and personal information concerning Activities, National Institutes of Diabetes and Closed Meetings individuals associated with the grant Digestive and Kidney Diseases, 6707 Pursuant to section 10(d) of the applications, the disclosure of which Democracy Blvd., Room 7329, MSC 5452, Federal Advisory Committee Act, as would constitute a clearly unwarranted Bethesda, MD 20892, (301) 594–4757, [email protected]. amended, notice is hereby given of the invasion of personal privacy. following meetings. Name of Committee: National Diabetes and Name of Committee: National Diabetes and The meetings will be closed to the Digestive and Kidney Diseases Advisory Digestive and Kidney Diseases Advisory public in accordance with the Council. Council, Digestive Diseases and Nutrition. Date: May 16, 2018. provisions set forth in sections Date: May 16, 2018. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Open: 8:30 a.m. to 12:00 p.m. Closed: 1:00 p.m. to 2:30 p.m. Agenda: To present the Director’s Report Agenda: To review and evaluate grant as amended. The grant applications and and other scientific presentations. applications. the discussions could disclose Place: National Institutes of Health, Place: National Institutes of Health, confidential trade secrets or commercial Natcher Building, Conference Room E1/E2, Natcher Building, 45 Center Drive, property such as patentable material, 45 Center Drive, Bethesda, MD 20892. Conference Room D, Bethesda, MD 20892. and personal information concerning Closed: 3:45 p.m. to 4:30 p.m. Open: 2:30 p.m. to 4:00 p.m. individuals associated with the grant Agenda: To review and evaluate grant Agenda: To review the Division’s scientific and planning activities. applications, the disclosure of which applications. would constitute a clearly unwarranted Place: National Institutes of Health, Place: National Institutes of Health, Natcher Building, Conference Room E1/E2, Natcher Building, 45 Center Drive, invasion of personal privacy. 45 Center Drive, Bethesda, MD 20892. Conference Room D, Bethesda, MD 20892. Name of Committee: National Institute of Contact Person: Karl F. Malik, Ph.D., Contact Person: Karl F. Malik, Ph.D., Dental and Craniofacial Research Special Acting Director, Division of Extramural Acting Director, Division of Extramural Emphasis Panel; NIDCR Aging. Activities, National Institutes of Diabetes and Activities, National Institutes of Diabetes and Date: May 17, 2018. Digestive and Kidney Diseases, 6707 Digestive and Kidney Diseases, 6707 Time: 8:00 a.m. to 5:00 p.m. Democracy Blvd., Room 7329, MSC 5452, Democracy Blvd., Room 7329, MSC 5452, Agenda: To review and evaluate grant Bethesda, MD 20892, (301) 594–4757, Bethesda, MD 20892, (301) 594–4757, applications. [email protected]. [email protected]. Place: Hilton Garden Inn Bethesda, 7301 Name of Committee: National Diabetes and Any interested person may file written Waverly Street, Bethesda, MD 20814. Digestive and Kidney Diseases Advisory comments with the committee by forwarding Contact Person: Guo He Zhang, MPH, Council, Diabetes, Endocrinology, and the statement to the Contact Person listed on Ph.D., Scientific Review Officer, Scientific Metabolic Diseases. this notice. The statement should include the Review Branch, Natl Institute of Dental and Date: May 16, 2018. name, address, telephone number and when Craniofacial Research, National Institutes of

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15855

Health, 6701 Democracy Boulevard, Suite would constitute a clearly unwarranted Agenda: To review and evaluate grant 672, Bethesda, MD 20892, zhanggu@ invasion of personal privacy. applications. mail.nih.gov. Place: National Institutes of Health, 6701 Name of Committee: National Institute of Name of Committee: National Institute of Environmental Health Sciences Special Rockledge Drive, Bethesda, MD 20892. Dental and Craniofacial Research Special Emphasis Panel; Extramural Loan Repayment Contact Person: Seetha Bhagavan, Ph.D., Emphasis Panel. Program for Clinical Researchers. Scientific Review Officer, Center for Date: May 17, 2018. Date: April 24, 2018. Scientific Review, National Institutes of Time: 1:00 p.m. to 5:00 p.m. Time: 8:00 a.m. to 5:00 p.m. Health, 6701 Rockledge Drive, Room 5194, Agenda: To review and evaluate grant Agenda: To review and evaluate contract MSC 7846, Bethesda, MD 20892, (301) 237– applications. proposals. Place: National Institutes of Health, One 9838, [email protected]. Place: NIEHS/National Institutes of Health, Democracy Plaza, 6701 Democracy (Catalogue of Federal Domestic Assistance Keystone Building, 530 Davis Drive, Research Boulevard, Bethesda, MD 20892. Program Nos. 93.306, Comparative Medicine; Triangle Park, NC 27713, (Virtual Meeting). Contact Person: Nisan Bhattacharyya, Contact Person: RoseAnne M. McGee, 93.333, Clinical Research, 93.306, 93.333, Ph.D., Scientific Review Officer, Scientific Associate Scientific Review Officer, Division 93.337, 93.393–93.396, 93.837–93.844, Review Branch, NIDCR, NIH, 6701 of Extramural Research and Training, 93.846–93.878, 93.892, 93.893, National Democracy Boulevard, Suite 668, Bethesda, National Institutes of Environmental Health Institutes of Health, HHS) MD 20892, 301–451–2405, nisan_ Sciences, Research Triangle Park, NC 27709, [email protected]. Dated: April 6, 2018. Bethesda, MD 20892, (919) 541–0752, Name of Committee: National Institute of [email protected]. Sylvia L. Neal, Dental and Craniofacial Research Special (Catalogue of Federal Domestic Assistance Program Analyst, Office of Federal Advisory Emphasis Panel; NIDCR Award for Program Nos. 93.115, Biometry and Risk Committee Policy. Sustaining Outstanding Achievement in Estimation—Health Risks from [FR Doc. 2018–07608 Filed 4–11–18; 8:45 am] Research (SOAR) SEP. Environmental Exposures; 93.142, NIEHS Date: May 24, 2018. Hazardous Waste Worker Health and Safety BILLING CODE 4140–01–P Time: 8:00 a.m. to 5:00 p.m. Training; 93.143, NIEHS Superfund Agenda: To review and evaluate grant Hazardous Substances—Basic Research and applications. Education; 93.894, Resources and Manpower DEPARTMENT OF HEALTH AND Place: The Darcy, 1515 Rhode Island Ave. Development in the Environmental Health HUMAN SERVICES NW, Washington, DC 20005. Sciences; 93.113, Biological Response to Contact Person: Crina Frincu, Ph.D., Environmental Health Hazards; 93.114, National Institutes of Health Scientific Review Officer, Scientific Review Applied Toxicological Research and Testing, Branch, National Institute of Dental and National Institutes of Health, HHS) National Institute on Aging; Notice of Craniofacial Research, National Institutes of Dated: April 9, 2018. Closed Meeting Health, 6701 Democracy Blvd., Suite 662, Bethesda, MD 20892, [email protected] Natasha M. Copeland, Program Analyst, Office of Federal Advisory Pursuant to section 10(d) of the (Catalogue of Federal Domestic Assistance Committee Policy. Federal Advisory Committee Act, as Program Nos. 93.121, Oral Diseases and amended, notice is hereby given of the [FR Doc. 2018–07614 Filed 4–11–18; 8:45 am] Disorders Research, National Institutes of following meeting. Health, HHS) BILLING CODE 4140–01–P The meeting will be closed to the Dated: April 9, 2018. public in accordance with the Natasha M. Copeland, DEPARTMENT OF HEALTH AND provisions set forth in sections Program Analyst, Office of Federal Advisory HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. as amended. The grant applications and [FR Doc. 2018–07612 Filed 4–11–18; 8:45 am] National Institutes of Health the discussions could disclose BILLING CODE 4140–01–P confidential trade secrets or commercial Center for Scientific Review; Notice of property such as patentable material, Closed Meeting and personal information concerning DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the individuals associated with the grant HUMAN SERVICES Federal Advisory Committee Act, as applications, the disclosure of which would constitute a clearly unwarranted National Institutes of Health amended, notice is hereby given of the following meeting. invasion of personal privacy. National Institute of Environmental The meeting will be closed to the Name of Committee: National Institute on Health Sciences; Notice to Close public in accordance with the Aging Special Emphasis Panel; Systems of Meeting provisions set forth in sections Biology. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: May 10, 2018. Pursuant to section 10(d) of the as amended. The grant applications and Time: 2:00 p.m. to 6:00 p.m. Federal Advisory Committee Act, as the discussions could disclose Agenda: To review and evaluate grant amended, notice is hereby given of the confidential trade secrets or commercial applications. following meeting. property such as patentable material, Place: National Institute on Aging, The meeting will be closed to the and personal information concerning Gateway Building, Suite 2W200, 7201 public in accordance with the individuals associated with the grant Wisconsin Avenue, Bethesda, MD 20814 provisions set forth in sections applications, the disclosure of which (Telephone Conference Call). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted Contact Person: Bita Nakhai, Ph.D., as amended. The grant applications and invasion of personal privacy. Scientific Review Branch, National Institute the discussions could disclose on Aging, Gateway Bldg., 2C212, 7201 Name of Committee: Biology of Wisconsin Avenue, Bethesda, MD 20814, confidential trade secrets or commercial Development and Aging Integrated Review property such as patentable material, Group; International and Cooperative 301–402–7701, [email protected]. and personal information concerning Projects—1 Study Section. (Catalogue of Federal Domestic Assistance individuals associated with the grant Date: May 8–9, 2018. Program Nos. 93.866, Aging Research, applications, the disclosure of which Time: 10:30 a.m. to 5:30 p.m. NationalInstitutes of Health, HHS)

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15856 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Dated: April 9, 2018. DEPARTMENT OF HEALTH AND DEPARTMENT OF HOMELAND Melanie J. Pantoja, HUMAN SERVICES SECURITY Program Analyst, Office of Federal Advisory Committee Policy. National Institutes of Health U.S. Customs and Border Protection [FR Doc. 2018–07609 Filed 4–11–18; 8:45 am] National Institute of Allergy and U.S. Immigration and Customs BILLING CODE 4140–01–P Infectious Diseases; Notice of Closed Enforcement Meeting DEPARTMENT OF HEALTH AND Announcement of Program for the Pursuant to section 10(d) of the HUMAN SERVICES Private Sector To Participate in Trade- Federal Advisory Committee Act, as Related Training of U.S. Customs and National Institutes of Health amended, notice is hereby given of the Border Protection and U.S. following meeting. Immigration and Customs National Institute on Aging; Notice of The meeting will be closed to the Enforcement Personnel; Correction Closed Meeting public in accordance with the provisions set forth in sections AGENCY: U.S. Customs and Border Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Protection (CBP) and U.S. Immigration Federal Advisory Committee Act, as as amended. The grant applications and and Customs Enforcement (ICE), amended, notice is hereby given of the the discussions could disclose Department of Homeland Security. following meeting. confidential trade secrets or commercial ACTION: General notice; correction. The meeting will be closed to the property such as patentable material, public in accordance with the and personal information concerning SUMMARY: CBP and ICE published a provisions set forth in sections individuals associated with the grant document in the Federal Register of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which February 16, 2018, concerning the as amended. The grant applications and would constitute a clearly unwarranted process to solicit, evaluate, and select the discussions could disclose invasion of personal privacy. interested parties in the private sector to confidential trade secrets or commercial Name of Committee: National Institute of fulfill agency needs for instruction and property such as patentable material, Allergy and Infectious Diseases Special related instructional materials for trade- and personal information concerning Emphasis Panel; NIAID Clinical Trial related training, pursuant to section 104 individuals associated with the grant Planning Grant (R34). of the Trade Facilitation and Trade applications, the disclosure of which Date: May 3, 2018. Enforcement Act of 2015. The document would constitute a clearly unwarranted Time: 11:00 a.m. to 1:00 p.m. contained incorrect contact information. invasion of personal privacy. Agenda: To review and evaluate grant applications. DATES: This correction is effective April Name of Committee: National Institute on 12, 2018. Aging Special Emphasis Panel; NIA Clinical Place: National Institutes of Health, 5601 Trials. Fishers Lane, Rockville, MD 20892, FOR FURTHER INFORMATION CONTACT: Date: May 17, 2018. (Telephone Conference Call). Keith Josephson, Trade Transformation Contact Person: Chelsea D. Boyd, Ph.D., Time: 2:00 p.m. to 6:00 p.m. Office, U.S. Customs & Border Scientific Review Officer, Scientific Review Agenda: To review and evaluate grant Protection, at 571–468–5108. applications. Program, DEA/NIAID/NIH/DHHS, 5601 Place: National Institute on Aging, Fishers Lane, MSC–9823, Rockville, MD Correction Gateway Building, Suite 2W200, 7201 20852–9834, 240–669–2081, chelsea.boyd@ In the Federal Register of February Wisconsin Avenue, Bethesda, MD 20892 nih.gov. (Telephone Conference Call). (Catalogue of Federal Domestic Assistance 16, 2018, in FR Doc. 2018–03233, on Contact Person: Maurizio Grimaldi, MD, Program Nos. 93.855, Allergy, Immunology, page 7064, in the first column, correct Ph.D., Scientific Review Officer, National and Transplantation Research; 93.856, the FOR FURTHER INFORMATION CONTACT Institute on Aging, National Institutes of Microbiology and Infectious Diseases caption to read: Research, National Institutes of Health, HHS) Health, 7201 Wisconsin Avenue, Room FOR FURTHER INFORMATION CONTACT: 2C218, Bethesda, MD 20892, 301–496–9374, Dated: April 9, 2018. Questions should be addressed to [email protected]. Natasha M. Copeland, agency-designated personnel below: (Catalogue of Federal Domestic Assistance Program Analyst, Office of Federal Advisory CBP: Keith Josephson (571–468–5108). Program Nos. 93.866, Aging Research, Committee Policy. National Institutes of Health, HHS) ICE: Special Agent Nadine Andrews (703– [FR Doc. 2018–07611 Filed 4–11–18; 8:45 am] 603–3955). Dated: April 9, 2018. BILLING CODE 4140–01–P Melanie J. Pantoja, All other information contained in the Program Analyst, Office of Federal Advisory notice remains unchanged. Committee Policy. Dated: April 9, 2018. [FR Doc. 2018–07610 Filed 4–11–18; 8:45 am] Alice A. Kipel, BILLING CODE 4140–01–P Executive Director, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection. [FR Doc. 2018–07581 Filed 4–11–18; 8:45 am] BILLING CODE 9111–14–P

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00073 Fmt 4703 Sfmt 9990 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15857

DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND respective community map repository SECURITY SECURITY address listed in the table below. Additionally, the current effective FIRM Federal Emergency Management Federal Emergency Management and FIS report for each community are Agency Agency accessible online through the FEMA [Docket ID FEMA–2018–0002; Internal Map Service Center at https:// [Internal Agency Docket No. FEMA–3395– Agency Docket No. FEMA–B–1816] msc.fema.gov for comparison. EM; Docket ID FEMA–2018–0001] Submit comments and/or appeals to Changes in Flood Hazard the Chief Executive Officer of the Florida; Amendment No. 2 to Notice of Determinations community as listed in the table below. an Emergency Declaration FOR FURTHER INFORMATION CONTACT: Rick AGENCY: Federal Emergency Sacbibit, Chief, Engineering Services Management Agency, DHS. AGENCY: Federal Emergency Branch, Federal Insurance and Management Agency, DHS. ACTION: Notice. Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, ACTION: Notice. SUMMARY: This notice lists communities where the addition or modification of (202) 646–7659, or (email) [email protected]; or visit SUMMARY: This notice amends the notice Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area the FEMA Map Information eXchange of an emergency declaration for the (FMIX) online at https:// State of Florida (FEMA–3395–EM), (SFHA) boundaries or zone _ designations, or the regulatory floodway www.floodmaps.fema.gov/fhm/fmx dated October 8, 2017, and related main.html. determinations. (hereinafter referred to as flood hazard determinations), as shown on the Flood SUPPLEMENTARY INFORMATION: The DATES: The amendment was issued on Insurance Rate Maps (FIRMs), and specific flood hazard determinations are April 2, 2018. where applicable, in the supporting not described for each community in Flood Insurance Study (FIS) reports, this notice. However, the online FOR FURTHER INFORMATION CONTACT: prepared by the Federal Emergency location and local community map Dean Webster, Office of Response and Management Agency (FEMA) for each repository address where the flood Recovery, Federal Emergency community, is appropriate because of hazard determination information is Management Agency, 500 C Street SW, new scientific or technical data. The available for inspection is provided. Washington, DC 20472, (202) 646–2833. FIRM, and where applicable, portions of Any request for reconsideration of SUPPLEMENTARY INFORMATION: The the FIS report, have been revised to flood hazard determinations must be Federal Emergency Management Agency reflect these flood hazard submitted to the Chief Executive Officer (FEMA) hereby gives notice that determinations through issuance of a of the community as listed in the table pursuant to the authority vested in the Letter of Map Revision (LOMR), in below. Administrator, under Executive Order accordance with Title 44, Part 65 of the The modifications are made pursuant 12148, as amended, Allan Jarvis, of Code of Federal Regulations (44 CFR to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, FEMA is appointed to act as the Federal part 65). The LOMR will be used by and are in accordance with the National Coordinating Officer for this emergency. insurance agents and others to calculate appropriate flood insurance premium Flood Insurance Act of 1968, 42 U.S.C. This action terminates the rates for new buildings and the contents 4001 et seq., and with 44 CFR part 65. appointment of Willie G. Nunn as of those buildings. For rating purposes, The FIRM and FIS report are the basis Federal Coordinating Officer for this the currently effective community of the floodplain management measures emergency. number is shown in the table below and that the community is required either to The following Catalog of Federal Domestic must be used for all new policies and adopt or to show evidence of having in Assistance Numbers (CFDA) are to be used renewals. effect in order to qualify or remain qualified for participation in the for reporting and drawing funds: 97.030, DATES: These flood hazard Community Disaster Loans; 97.031, Cora National Flood Insurance Program determinations will be finalized on the (NFIP). Brown Fund; 97.032, Crisis Counseling; dates listed in the table below and 97.033, Disaster Legal Services; 97.034, These flood hazard determinations, revise the FIRM panels and FIS report together with the floodplain Disaster Unemployment Assistance (DUA); in effect prior to this determination for 97.046, Fire Management Assistance Grant; management criteria required by 44 CFR the listed communities. 60.3, are the minimum that are required. 97.048, Disaster Housing Assistance to From the date of the second Individuals and Households In Presidentially They should not be construed to mean publication of notification of these that the community must change any Declared Disaster Areas; 97.049, changes in a newspaper of local Presidentially Declared Disaster Assistance— existing ordinances that are more circulation, any person has 90 days in stringent in their floodplain Disaster Housing Operations for Individuals which to request through the and Households; 97.050, Presidentially management requirements. The community that the Deputy Associate Declared Disaster Assistance to Individuals community may at any time enact Administrator for Insurance and and Households—Other Needs; 97.036, stricter requirements of its own or Mitigation reconsider the changes. The Disaster Grants—Public Assistance pursuant to policies established by other flood hazard determination information (Presidentially Declared Disasters); 97.039, Federal, State, or regional entities. The may be changed during the 90-day Hazard Mitigation Grant. flood hazard determinations are in period. accordance with 44 CFR 65.4. Brock Long, ADDRESSES: The affected communities The affected communities are listed in Administrator, Federal Emergency are listed in the table below. Revised the following table. Flood hazard Management Agency. flood hazard information for each determination information for each [FR Doc. 2018–07598 Filed 4–11–18; 8:45 am] community is available for inspection at community is available for inspection at BILLING CODE 9111–23–P both the online location and the both the online location and the

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15858 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

respective community map repository Map Service Center at https:// Dated: March 27, 2018. address listed in the table below. msc.fema.gov for comparison. Roy E. Wright, Additionally, the current effective FIRM (Catalog of Federal Domestic Assistance No. Deputy Associate Administrator for Insurance and FIS report for each community are 97.022, ‘‘Flood Insurance.’’) and Mitigation, Department of Homeland accessible online through the FEMA Security, Federal Emergency Management Agency.

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

Colorado: Douglas .. Town of Castle The Honorable Jen- Utilities Department, https://msc.fema.gov/portal/ Jun. 1, 2018 ... 080050 Rock (17–08– nifer Green. 175 Kellogg Court, advanceSearch. 1320P). Mayor, Town of Cas- Castle Rock, CO tle Rock, 100 80104. North Wilcox Street, Castle Rock, CO 80104. Douglas .. Unincorporated The Honorable Douglas County https://msc.fema.gov/portal/ Jun. 1, 2018 ... 080049 areas of Roger Partridge, Planning Depart- advanceSearch. Douglas Chairman, Douglas ment, 100 3rd County (17– County Board of Street, Castle 08–1320P). Commissioners, Rock, CO 80104. 100 3rd Street, Castle Rock, CO 80104. Jefferson City of West- The Honorable Herb City Hall, 4800 West https://msc.fema.gov/portal/ Jun. 8, 2018 ... 080008 minster (17– Atchison, Mayor, 92nd Avenue, advanceSearch. 08–1102P). City of West- Westminster, CO minster, 4800 80031. West 92nd Ave- nue, Westminster, CO 80031. Fairfield .. City of Norwalk The Honorable Harry Planning and Zoning https://msc.fema.gov/portal/ May 29, 2018 090012 (17–01– W. Rilling, Mayor, Department, 125 advanceSearch. 2751P). City of Norwalk, East Avenue, Nor- 125 East Avenue, walk, CT 06851. Norwalk, CT 06851. Fairfield .. City of Stamford The Honorable David City Hall, 888 Wash- https://msc.fema.gov/portal/ May 24, 2018 090015 (18–01– Martin, Mayor, City ington Boulevard, advanceSearch. 0055P). of Stamford, 888 Stamford, CT Washington Boule- 06904. vard, Stamford, CT 06904. Fairfield .. Town of Trum- The Honorable Vicki Town Hall, 5866 https://msc.fema.gov/portal/ Jun. 1, 2018 ... 090017 bull (17–01– A. Tesoro, First Main Street, Trum- advanceSearch. 1576P). Selectman, Town bull, CT 06611. of Trumbull Board of Selectmen, 5866 Main Street, Trumbull, CT 06611. Florida: Charlotte Unincorporated The Honorable Bill Charlotte County https://msc.fema.gov/portal/ May 25, 2018 120061 areas of Char- Truex, President, Community Devel- advanceSearch. lotte County Charlotte County opment Depart- (17–04– Board of Commis- ment, 18500 7102P). sioners, 18500 Murdock Circle, Murdock Circle, Port Charlotte, FL Suite 536, Port 33948. Charlotte, FL 33948. Collier. .... Unincorporated The Honorable Collier County Ad- https://msc.fema.gov/portal/ Jun. 14, 2018 120067 areas of Col- Penny Taylor, ministrative Build- advanceSearch. lier County Chair, Collier ing, 3301 East (18–04– County Board of Tamiami Trail, 0709P). Commissioners, Building F, 1st 3299 Tamiami Floor, Naples, FL Trail East, Suite 34112. 303, Naples, FL 34112.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15859

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

Duval ...... City of Jackson- The Honorable Development Serv- https://msc.fema.gov/portal/ May 29, 2018 120077 ville (17–04– Lenny Curry, ices Department, advanceSearch. 6148P). Mayor, City of 214 North Hogan Jacksonville, 117 Street, Suite 2100, West Duval Street, Jacksonville, FL Suite 400, Jack- 32002. sonville, FL 32002. Lee ...... Town of Fort The Honorable Den- Community Develop- https://msc.fema.gov/portal/ Jun. 7, 2018 ... 120673 Myers Beach nis C. Boback, ment Department, advanceSearch. (17–04– Mayor, Town of 2525 Estero Bou- 7870P). Fort Myers Beach, levard, Fort Myers 2525 Estero Bou- Beach, FL 33931. levard, Fort Myers Beach, FL 33931. Lee ...... Town of Fort The Honorable Den- Community Develop- https://msc.fema.gov/portal/ Jun. 14, 2018 120673 Myers Beach nis C. Boback, ment Department, advanceSearch. (18–04– Mayor, Town of 2525 Estero Bou- 0640P). Fort Myers Beach, levard, Fort Myers 2525 Estero Bou- Beach, FL 33931. levard, Fort Myers Beach, FL 33931. Manatee City of Bra- The Honorable City Hall, 101 Old https://msc.fema.gov/portal/ Jun. 15, 2018 120155 denton (18– Wayne H. Poston, Main Street West, advanceSearch. 04–1119P). Mayor, City of Bra- Bradenton, FL denton, 101 Old 34205. Main Street West, Bradenton, FL 34205. Manatee City of Bra- The Honorable John Building and Plan- https://msc.fema.gov/portal/ Jun. 6, 2018 ... 125091 denton Beach Chappie, Mayor, ning Department, advanceSearch. (18–04– City of Bradenton 107 Gulf Drive 0582P). Beach, 107 Gulf North, Bradenton Drive North, Bra- Beach, FL 34217. denton Beach, FL 34217. Manatee. Unincorporated The Honorable Betsy Manatee County https://msc.fema.gov/portal/ Jun. 15, 2018 120153 areas of Man- Benac, Chair, Building and De- advanceSearch. atee County Manatee County velopment Serv- (18–04– Board of Commis- ices Department, 1119P). sioners, P.O. Box 1112 Manatee Av- 1000, Bradenton, enue West, Bra- FL 34206. denton, FL 34205. Pasco ..... City of Port The Honorable Dale Building and Devel- https://msc.fema.gov/portal/ May 31, 2018 120234 Richey (18– Massad, Mayor, opment Services advanceSearch. 04–0510P). City of Port Department, 6333 Richey, 6333 Ridge Road, Port Ridge Road, Port Richey, FL 34668. Richey, FL 34668. Sarasota. Unincorporated The Honorable Sarasota County https://msc.fema.gov/portal/ May 24, 2018 125144 areas of Sara- Nancy Detert, Planning and De- advanceSearch. sota County Chair, Sarasota velopment Serv- (18–04– County Board of ices Department, 0312P). Commissioners, 1001 Sarasota 1660 Ringling Bou- Center Boulevard, levard, Sarasota, Sarasota, FL FL 34236. 34240. Georgia: Douglas .. City of The Honorable Ro- City Hall, 6695 https://msc.fema.gov/portal/ Jun. 4, 2018 ... 130305 Douglasville chelle Robinson, Church Street, advanceSearch. (17–04– Mayor, City of Douglasville, GA 6806P). Douglasville, 6695 30134. Church Street, Douglasville, GA 30134. Douglas .. Unincorporated The Honorable Ra- Douglas County De- https://msc.fema.gov/portal/ Jun. 4, 2018 ... 130306 areas of mona Jackson velopment Serv- advanceSearch. Douglas Jones, Chairman, ices Department, County (17– Douglas County 8700 Hospital 04–6806P). Board of Commis- Drive, Douglasville, sioners, 8700 Hos- GA 30134. pital Drive, Douglasville, GA 30134.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15860 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

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

Richmond Augusta-Rich- The Honorable Augusta-Richmond https://msc.fema.gov/portal/ May 25, 2018 130158 mond County Hardie Davis, Jr, County Planning advanceSearch. (17–04– Mayor, Augusta- and Development 3443P). Richmond County, Department, 535 535 Telfair Street, Telfair Street, Au- Augusta, GA gusta, GA 30901. 30901. Kentucky: Fayette ... Lexington-Fay- The Honorable Jim LFUCG Phoenix https://msc.fema.gov/portal/ Jun. 7, 2018 ... 210067 ette Urban Gray, Mayor, Lex- Building, 101 East advanceSearch. County Gov- ington-Fayette Vine Street, Lex- ernment (18– Urban County ington, KY 40507. 04–0043P). Government, 200 East Main Street, Lexington, KY 40507. North Caro- lina: Durham .. Unincorporated The Honorable Durham County https://msc.fema.gov/portal/ Feb. 21, 2018 370085 areas of Dur- Wendy Jacobs, Stormwater Serv- advanceSearch. ham County Chair, Durham ices Department, (17–04– County Board of 101 City Hall 2721P). Commissioners, Plaza, Durham, 200 East Main NC 27701. Street, 2nd Floor, Durham, NC 27701. Wayne .... City of Golds- The Honorable City Hall, 200 North http://www.msc.fema.gov/ Apr. 6, 2018 ... 370255 boro, (16–04– Chuck Allen, Center Street, lomc. 6905P). Mayor, City of Goldsboro, NC Goldsboro, P.O. 27530. Drawer A, Golds- boro, NC 27533. Wayne .... Unincorporated The Honorable Bill Wayne County Man- http://www.msc.fema.gov/ Apr. 6, 2018 ... 370254 areas of Pate, Chairman, ager’s Office, 224 lomc. Wayne Coun- Wayne County East Walnut ty, (16–04– Board of Commis- Street, Goldsboro, 6905P). sioners, 224 East NC 27533. Walnut Street, Goldsboro, NC 27530. Oklahoma: Grady ..... City of Mr. John Noblitt, City Hall, 117 North https://msc.fema.gov/portal/ Jun. 11, 2018 400234 Chickasha Manager, City of 4th Street, advanceSearch. (17–06– Chickasha, 117 Chickasha, OK 2589P). North 4th Street, 73018. Chickasha, OK 73018. Tulsa ...... City of Tulsa The Honorable G.T. Planning and Devel- https://msc.fema.gov/portal/ May 29, 2018 405381 (18–06– Bynum, Mayor, opment Depart- advanceSearch. 0209P). City of Tulsa, 175 ment, 175 East East 2nd Street, 2nd Street, 4th 15th Floor, Tulsa, Floor, Tulsa, OK OK 74103. 74103. Pennsylvania: Lancaster Township of Mr. Daniel L. Zim- Township Hall, 315 https://msc.fema.gov/portal/ Jun. 15, 2018 421786 Warwick (18– merman, Manager, Clay Road, Lititz, advanceSearch. 03–0392P). Township of War- PA 17543. wick, P.O. Box 308, Lititz, PA 17543. South Caro- lina: Berkley ... Unincorporated The Honorable Wil- Berkeley County https://msc.fema.gov/portal/ Jun. 14, 2018 450029 areas of Berk- liam W. Peagler, Planning and Zon- advanceSearch. ley County III, Berkley County ing Department, (17–04– Supervisor, P.O. 1003 Highway 52, 5508P). Box 6122, Moncks Moncks Corner, Corner, SC 29461. SC 29461.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15861

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

Jasper .... City of The Honorable Harry Building Department, https://msc.fema.gov/portal/ May 24, 2018 450113 Hardeeville Williams, Mayor, 205 Main Street, advanceSearch. (17–04– City of Hardeeville, Hardeeville, SC 7055P). 205 Main Street, 29927. Hardeeville, SC 29927. Richland City of Columbia The Honorable Ste- Department of Utili- https://msc.fema.gov/portal/ May 29, 2018 450172 (17–04– phen K. Benjamin, ties and Engineer- advanceSearch. 5518P). Mayor, City of Co- ing, 1136 Wash- lumbia, P.O. Box ington Street, Co- 147, Columbia, SC lumbia, SC 29201. 29217. Richland City of Forest The Honorable Frank City Hall, 5209 North https://msc.fema.gov/portal/ May 29, 2018 450174 Acres (17–04– Brunson, Mayor, Trenholm Road, advanceSearch. 5518P). City of Forest Forest Acres, SC Acres, 5209 North 29206. Trenholm Road, Forest Acres, SC 29206. South Dakota: Lawrence City of Spearfish The Honorable Dana City Hall, 625 North https://msc.fema.gov/portal/ Jun. 13, 2018 460046 (18–08– Boke, Mayor, City 5th Street, Spear- advanceSearch. 0192P). of Spearfish, 625 fish, SD 57783. North 5th Street, Spearfish, SD 57783. Texas: Bell ...... City of Belton The Honorable Mar- City Hall, 333 Water https://msc.fema.gov/portal/ Jun. 8, 2018 ... 480028 (17–06– ion Grayson, Street, Belton, TX advanceSearch. 2281P). Mayor, City of 76513. Belton, P.O. Box 120, Belton, TX 76513. Bexar ...... City of San An- The Honorable Ron Transportation and https://msc.fema.gov/portal/ Jun. 6, 2018 ... 480045 tonio (17–06– Nirenberg, Mayor, Capital Improve- advanceSearch. 2974P). City of San Anto- ments Department, nio, P.O. Box Storm Water Divi- 839966, San Anto- sion, 1901 South nio, TX 78283. Alamo Street, 2nd Floor, San Anto- nio, TX 78204. Collin ...... City of McKinney The Honorable Engineering Depart- https://msc.fema.gov/portal/ May 21, 2018 480135 (17–06– George Fuller, ment, 221 North advanceSearch. 4217P). Mayor, City of Tennessee Street, McKinney, P.O. McKinney, TX Box 517, McKin- 75069. ney, TX 75070. Collin ...... City of Plano The Honorable Harry Engineering Depart- https://msc.fema.gov/portal/ May 21, 2018 480140 (17–06– LaRosiliere, ment, 1520 K Ave- advanceSearch. 4151P). Mayor, City of nue, Plano, TX Plano, 1520 K Av- 75074. enue, Plano, TX 75074. Collin ...... City of Richard- The Honorable Paul Capital Projects De- https://msc.fema.gov/portal/ May 21, 2018 480184 son (17–06– Voelker, Mayor, partment, 411 advanceSearch. 4151P). City of Richardson, West Arapaho 411 West Arapaho Road, Richardson, Road, Richardson, TX 75080. TX 75080. Collin ...... Town of Prosper The Honorable Ray Engineering Services https://msc.fema.gov/portal/ Jun. 14, 2018 480141 (18-06-0355P). Smith, Mayor, Department, 409 advanceSearch. Town of Prosper, East 1st Street, P.O. Box 307, Prosper, TX 75078. Prosper, TX 75078. Dallas ..... City of Dallas The Honorable Mi- Floodplain Manage- https://msc.fema.gov/portal/ May 29, 2018 480171 (17–06– chael S. Rawlings, ment Department, advanceSearch. 3383P). Mayor, City of Dal- 320 East Jefferson las, 1500 Marilla Boulevard, Room Street, Suite 5EN, 301, Dallas, TX Dallas, TX 75201. 75203.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15862 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

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

Dallas ..... City of Farmers The Honorable Rob- City Hall, 13000 Wil- https://msc.fema.gov/portal/ May 29, 2018 480174 Branch (17– ert C. Dye, Mayor, liam Dodson Park- advanceSearch. 06–3383P). City of Farmers way, Farmers Branch, 13000 Wil- Branch, TX 75234. liam Dodson Park- way, Farmers Branch, TX 75234. Ellis ...... City of The Honorable Kevin Public Works Depart- https://msc.fema.gov/portal/ May 31, 2018 480211 Waxahachie Strength, Mayor, ment, 401 South advanceSearch. (17–06– City of Rogers Street, 1666P). Waxahachie, 401 Waxahachie, TX South Rogers 75165. Street, Waxahachie, TX 75165. Ellis ...... Unincorporated The Honorable Carol Ellis County Court- https://msc.fema.gov/portal/ May 31, 2018 480798 areas of Ellis Bush, Ellis County house, 101 West advanceSearch. County (17– Judge, 101 West Main Street, 06–1666P). Main Street, Waxahachie, TX Waxahachie, TX 75165. 75165. El Paso .. City of El Paso Mr. Tommy City Hall, 801 Texas https://msc.fema.gov/portal/ Jun. 12, 2018 480214 (18–06– Gonzales, Man- Avenue, El Paso, advanceSearch. 0885P). ager, City of El TX 79901. Paso, 300 North Campbell Street, El Paso, TX 79901. Fort Bend City of Rosen- The Honorable Wil- City Hall, 2110 4th https://msc.fema.gov/portal/ Jun. 12, 2018 480232 berg (17–06– liam T. ‘‘Bill’’ Ben- Street, Rosenberg, advanceSearch. 3041P). ton, Mayor, City of TX 77471. Rosenberg, P.O. Box 32, Rosen- berg, TX 77471. Fort Bend Unincorporated The Honorable Rob- Fort Bend County https://msc.fema.gov/portal/ Jun. 12, 2018 480228 areas of Fort ert Hebert, Fort Engineering De- advanceSearch. Bend County Bend County partment, 301 (17–06– Judge, 401 Jack- Jackson Street, 3041P). son Street, Rich- Richmond, TX mond, TX 77469. 77469. Tarrant ... Town of The Honorable Laura Planning and Devel- https://msc.fema.gov/portal/ May 31, 2018 480614 Westlake (17– Wheat, Mayor, opment Depart- advanceSearch. 06–3364P). Town of Westlake, ment, 1500 Solana 1500 Solana Bou- Boulevard, Build- levard, Building 7, ing 7, Suite 7200, Suite 7200, Westlake, TX Westlake, TX 76262. 76262. Travis ..... City of The Honorable Victor Development Serv- https://msc.fema.gov/portal/ Jun. 18, 2018 481028 Pflugerville Gonzales, Mayor, ices Department, advanceSearch. (17–06– City of Pflugerville, 201–B East Pecan 3914P). P.O. Box 589, Street, Pflugerville, Pflugerville, TX TX 78691. 78691. Williamso- City of Leander The Honorable City Hall, 200 West https://msc.fema.gov/portal/ Jun. 8, 2018 ... 481536 n. (17–06– Christopher Field- Willis Street, Lean- advanceSearch. 3902P). er, Mayor, City of der, TX 78641. Leander, P.O. Box 319, Leander, TX 78646. Utah: Box Elder City of Perry City The Honorable Kevin City Hall, 3005 South https://msc.fema.gov/portal/ Jun. 14, 2018 490010 (17–08– Jeppsen, Mayor, 1200 West, Perry advanceSearch. 1022P). City of Perry City, City, UT 84302. 3005 South 1200 West, Perry City, UT 84302. Virginia: Wise ...... City of Norton The Honorable Wil- City Hall, 618 Vir- https://msc.fema.gov/portal/ Jun. 6, 2018 ... 510108 (18–03– liam J. Mays, ginia Avenue advanceSearch. 0175P). Mayor, City of Nor- Northwest, Norton, ton, P.O. Box 618, VA 24273. Norton, VA 24273.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15863

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

Wise ...... Unincorporated Mr. Shannon C. Wise County Building https://msc.fema.gov/portal/ Jun. 6, 2018 ... 510174 areas of Wise Scott, Wise County and Zoning De- advanceSearch. County (18– Administrator, P.O. partment, 206 East 03–0175P). Box 570, Wise, VA Main Street, Room 24293. 210, Wise, VA 24293. Wyoming: Teton ...... Unincorporated The Honorable Mark Teton County Engi- https://msc.fema.gov/portal/ Jun. 14, 2018 560094 areas of Teton Newcomb, Chair- neering Depart- advanceSearch. County (17– man, Teton County ment, 320 South 08–0693P). Board of Commis- King Street, Jack- sioners, P.O. Box son, WY 83001. 3594, Jackson, WY 83001.

[FR Doc. 2018–07602 Filed 4–11–18; 8:45 am] (Presidentially Declared Disasters); 97.039, FEMA–2018–0021. Follow the BILLING CODE 9110–12–P Hazard Mitigation Grant. instructions for submitting comments. Brock Long, (2) Mail: Submit written comments to Administrator, Federal Emergency Docket Manager, Office of Chief DEPARTMENT OF HOMELAND Management Agency. Counsel, DHS/FEMA, 500 C Street SW, SECURITY [FR Doc. 2018–07599 Filed 4–11–18; 8:45 am] DC 20472–3100. Federal Emergency Management BILLING CODE 9111–23–P All submissions received must Agency include the agency name and Docket ID. Regardless of the method used for [Internal Agency Docket No. FEMA–3396– DEPARTMENT OF HOMELAND submitting comments or material, all EM; Docket ID FEMA–2018–0001] SECURITY submissions will be posted, without change, to the Federal eRulemaking California; Amendment No. 1 to Notice Federal Emergency Management Portal at http://www.regulations.gov, of an Emergency Declaration Agency and will include any personal AGENCY: Federal Emergency [Docket ID: FEMA–2018–0021; OMB No. information you provide. Therefore, Management Agency, DHS. 1660–0112] submitting this information makes it ACTION: Notice. public. You may wish to read the Agency Information Collection Privacy Act notice that is available via SUMMARY: This notice amends the notice Activities: Proposed Collection; the link in the footer of of an emergency declaration for the Comment Request; FEMA www.regulations.gov. State of California (FEMA–3396–EM), Preparedness Grants: Transit Security dated December 8, 2017, and related Grant Program (TSGP) FOR FURTHER INFORMATION CONTACT: determinations. Brian Copeland, Section Chief, FEMA, AGENCY: Federal Emergency Grant Programs Directorate, 202–786– DATES: This amendment was issued Management Agency, DHS. April 3, 2018. 0810. You may contact the Information ACTION: Notice and request for Management Division for copies of the FOR FURTHER INFORMATION CONTACT: comments. proposed collection of information at Dean Webster, Office of Response and email address: FEMA-Information- Recovery, Federal Emergency SUMMARY: The Federal Emergency [email protected]. Management Agency, 500 C Street SW, Management Agency, as part of its Washington, DC 20472, (202) 646–2833. continuing effort to reduce paperwork SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: Notice is and respondent burden, invites the Transit Security Grant Program (TSGP) hereby given that the incident period for general public to take this opportunity is a FEMA grant program that focuses on this emergency is closed effective to comment on a revision of a currently transportation infrastructure protection December 29, 2017. approved information collection. In activities. The collection of information accordance with the Paperwork for TSGP is mandated by Section 1406, The following Catalog of Federal Domestic Title XIV of the Implementing Assistance Numbers (CFDA) are to be used Reduction Act of 1995, this notice seeks for reporting and drawing funds: 97.030, comments concerning the Transit Recommendations of the 9/11 Community Disaster Loans; 97.031, Cora Security Grant Program (TSGP) which is Commission Act of 2007 (6 U.S.C. Brown Fund; 97.032, Crisis Counseling; a FEMA grant program that focuses on 1135), which directs the Secretary to 97.033, Disaster Legal Services; 97.034, transportation infrastructure protection establish a program for making grants to Disaster Unemployment Assistance (DUA); activities. eligible public transportation agencies 97.046, Fire Management Assistance Grant; for security improvements. 97.048, Disaster Housing Assistance to DATES: Comments must be submitted on Additionally, information is collected in Individuals and Households In Presidentially or before June 11, 2018. accordance with Section 1406(c) of the Declared Disaster Areas; 97.049, ADDRESSES: To avoid duplicate Implementing Recommendations of the Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals submissions to the docket, please use 9/11 Commission Act of 2007 (6 U.S.C. and Households; 97.050 Presidentially only one of the following means to 1135(c)) which authorizes the Secretary Declared Disaster Assistance to Individuals submit comments: to determine the requirements for grant and Households—Other Needs; 97.036, (1) Online: Submit comments at recipients, including application Disaster Grants—Public Assistance www.regulations.gov under Docket ID requirements.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15864 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Collection of Information Dated: April 4, 2018. (Presidentially Declared Disasters); 97.039, Rachel Frier, Hazard Mitigation Grant. Title: FEMA Preparedness Grants: Transit Security Grant Program (TSGP). Records Management Branch Chief, Office Brock Long, of the Chief Administrative Officer, Mission Type of Information Collection: Administrator, Federal Emergency Support, Federal Emergency Management Management Agency. Revision of a currently approved Agency, Department of Homeland Security. [FR Doc. 2018–07600 Filed 4–11–18; 8:45 am] information collection. [FR Doc. 2018–07539 Filed 4–11–18; 8:45 am] BILLING CODE 9111–23–P OMB Number: 1660–0112. BILLING CODE 9111–46–P FEMA Forms: FEMA Form 089–4, TSGP Investment Justification; FEMA DEPARTMENT OF HOMELAND Form 089–4A, TSGP Investment DEPARTMENT OF HOMELAND SECURITY Justification Background Document; SECURITY FEMA Form 089–4B, TSGP Five-Year Federal Emergency Management Federal Emergency Management Security Capital and Operational Agency Agency Sustainment Plan. Abstract: The TSGP is an important [Internal Agency Docket No. FEMA–4341– component of the Department’s effort to [Internal Agency Docket No. FEMA–4337– DR; Docket ID FEMA–2018–0001] DR; Docket ID FEMA–2018–0001] enhance the security of the Nation’s critical infrastructure. The program Seminole Tribe of Florida; Amendment Florida; Amendment No. 15 to Notice No. 2 to Notice of a Major Disaster provides funds to owners and operators of a Major Disaster Declaration of transit systems to protect critical Declaration surface transportation infrastructure and AGENCY: Federal Emergency AGENCY: Federal Emergency the traveling public from acts of Management Agency, DHS. terrorism, major disasters, and other Management Agency, DHS. emergencies. ACTION: Notice. ACTION: Notice. Affected Public: Business or other for- profit; State, local, or Tribal SUMMARY: This notice amends the notice SUMMARY: This notice amends the notice government. of a major disaster declaration for the of a major disaster declaration for the State of Florida (FEMA–4337–DR), Seminole Tribe of Florida (FEMA– Estimated Number of Respondents: dated September 10, 2017, and related 123. 4341–DR), dated September 27, 2017, determinations. and related determinations. Estimated Number of Responses: 492. DATES: The amendment was issued on Estimated Total Annual Burden DATES: The amendment was issued on April 2, 2018. Hours: 5,781 hours. April 2, 2018. Estimated Total Annual Respondent FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Cost: $275,349.03. Dean Webster, Office of Response and Dean Webster, Office of Response and Estimated Respondents’ Operation Recovery, Federal Emergency Recovery, Federal Emergency and Maintenance Costs: $0. Management Agency, 500 C Street SW, Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646–2833. Estimated Respondents’ Capital and Washington, DC 20472, (202) 646–2833. Start-Up Costs: $0. SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: The Estimated Total Annual Cost to the Federal Emergency Management Agency Federal Emergency Management Agency Federal Government: $807,190.20. (FEMA) hereby gives notice that (FEMA) hereby gives notice that pursuant to the authority vested in the Comments pursuant to the authority vested in the Administrator, under Executive Order Administrator, under Executive Order Comments may be submitted as 12148, as amended, Allan Jarvis, of 12148, as amended, Allan Jarvis, of indicated in the ADDRESSES caption FEMA is appointed to act as the Federal FEMA is appointed to act as the Federal above. Comments are solicited to (a) Coordinating Officer for this disaster. Coordinating Officer for this disaster. evaluate whether the proposed data This action terminates the This action terminates the collection is necessary for the proper appointment of Willie G. Nunn as appointment of Willie G. Nunn as performance of the agency, including Federal Coordinating Officer for this Federal Coordinating Officer for this whether the information shall have disaster. disaster. practical utility; (b) evaluate the The following Catalog of Federal Domestic accuracy of the agency’s estimate of the The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used Assistance Numbers (CFDA) are to be used burden of the proposed collection of for reporting and drawing funds: 97.030, for reporting and drawing funds: 97.030, information, including the validity of Community Disaster Loans; 97.031, Cora Community Disaster Loans; 97.031, Cora the methodology and assumptions used; Brown Fund; 97.032, Crisis Counseling; Brown Fund; 97.032, Crisis Counseling; (c) enhance the quality, utility, and 97.033, Disaster Legal Services; 97.034, 97.033, Disaster Legal Services; 97.034, clarity of the information to be Disaster Unemployment Assistance (DUA); Disaster Unemployment Assistance (DUA); collected; and (d) minimize the burden 97.046, Fire Management Assistance Grant; 97.046, Fire Management Assistance Grant; of the collection of information on those 97.048, Disaster Housing Assistance to 97.048, Disaster Housing Assistance to who are to respond, including through Individuals and Households In Presidentially Individuals and Households In Presidentially Declared Disaster Areas; 97.049, the use of appropriate automated, Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Presidentially Declared Disaster Assistance— electronic, mechanical, or other Disaster Housing Operations for Individuals Disaster Housing Operations for Individuals technological collection techniques or and Households; 97.050, Presidentially and Households; 97.050, Presidentially other forms of information technology, Declared Disaster Assistance to Individuals Declared Disaster Assistance to Individuals e.g., permitting electronic submission of and Households—Other Needs; 97.036, and Households—Other Needs; 97.036, responses. Disaster Grants—Public Assistance Disaster Grants—Public Assistance

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15865

(Presidentially Declared Disasters); 97.039, Office—Mary Cantey, 245 Murray Drive, stage of the technology, its current Hazard Mitigation Grant. Mail Stop 0202, Washington, DC 20528. technology and/or manufacturing Brock Long, Instructions: All submissions received readiness level, and why the capability Administrator, Federal Emergency must include the agency name and is unique and valuable to DHS. All Management Agency. docket number DHS–1640–0036 All information requested in the form is comments received will be posted [FR Doc. 2018–07601 Filed 4–11–18; 8:45 am] necessary for determining to which R&D without change to http:// programs the company or product may BILLING CODE 9111–23–P www.regulations.gov, including any be of interest, alignment to current and personal information provided. future needs of S&T and its customers DEPARTMENT OF HOMELAND Docket: For access to the docket to in the homeland security enterprise, and SECURITY read background documents or how best to partner with the company. comments received, go to http:// Overview of this Information [Docket No. DHS–1640–0036] www.regulations.gov. Collection: Agency Information Collection FOR FURTHER INFORMATION CONTACT: (1) Type of Information Collection: Activities: Submission for Review; DHS/S&T/RDP/P3 System Owner: New information collection. Information Collection Request for the Melanie Cummings, (2) Title of the Form/Collection: DHS Department of Homeland Security, [email protected], (202) S&T Industry Outreach Information Science and Technology, Research 254–5616 (Not a toll free number). Form. and Development Partnerships Group, SUPPLEMENTARY INFORMATION: The (3) Agency Form Number, if any, and Office of Public-Private Partnerships information collected in this form is the applicable component of the used by both DHS/S&T/RDP/P3 and Department of Homeland Security AGENCY: Science and Technology (S&T) R&D program managers in support of sponsoring the collection: Department of Directorate, Department of Homeland technology scouting and Homeland Security, Science & Security (DHS). commercialization efforts, program Technology Directorate—DHS S&T ACTION: 30-Day notice and request for formulation and planning, and Industry Outreach Information Form comment. investment decision making. P3 (DHS Form 026–01)). operates under the authority in 6 U.S.C. (4) Affected public who will be asked SUMMARY: The DHS S&T invites the or required to respond, as well as a brief general public to comment on the DHS 193. Prior to making any investment decisions regarding R&D funding, DHS abstract: Private sector companies who S&T Industry Outreach Information data are making significant investments in collection form for the Public-Private S&T conducts planning activities not only to determine the need for an R&D innovative technology development Partnerships Office (P3), which resides with whom S&T seeks to leverage those within the Research and Development investment but also ensure awareness of all possible solutions to the operational investments to meet the needs of the Partnerships Group (RDP). DHS/S&T/ homeland security enterprise. RDP/P3 is responsible for coordinating challenge that requires the investment. (5) An estimate of the total number of the collection of Industry Information. Technology scouting and respondents and the amount of time P3 collects relevant information from commercialization inform these estimated for an average respondent to companies, including their contact and planning activities by providing respond: product information. Any and all information on current industry a. Estimate of the total number of information provided by companies is capabilities. This information is respondents: 312. completely voluntary; companies are gathered from a number of sources, b. An estimate of the time for an not required to submit any requested including the information provided by average respondent to respond: .050 information. companies on the Industry Outreach The DHS/S&T/RDP/P3 invites Form. P3 shares the information burden hours. interested persons to comment on the received from companies with R&D c. An estimate of the total public following form and instructions for the program managers, who may be able to burden (in hours) associated with the DHS/S&T/RDP/P3: DHS S&T Industry apply a company’s technical capabilities collection: 156 burden hours. Outreach Information Form. Interested or technologies to their specific project Dated: April 4, 2018. persons may receive a copy of the Form or program. This notice and request for Rick Stevens, by contacting the DHS S&T PRA comments is required by the Paperwork Chief Information Officer, Science and Coordinator. This notice and request for Reduction Act of 1995 (Pub. L. 104–13, Technology Directorate. comments is required by the Paperwork 44 U.S.C. chapter 35). [FR Doc. 2018–07623 Filed 4–11–18; 8:45 am] The first page of the form requests Reduction Act of 1995. BILLING CODE 9110–9F–P DATES: Comments are encouraged and basic contact information on a company, will be accepted until May 14, 2018. including business name; mailing address; phone number; email address; ADDRESSES: Interested persons are DEPARTMENT OF THE INTERIOR invited to submit comments, identified company website address; and the by docket number DHS–1640–0036, by company classification (size, North Bureau of Land Management one of the following methods: American Industry Classification • Federal eRulemaking Portal: http:// System code, etc.). The form also [18X.LLAK910000.L13100000.DB0000. www.regulations.gov. Please follow the requests information to help S&T assess LXSINSSI0000] and inform its industry outreach efforts, instructions for submitting comments. 2018 Call for Nominations, North Slope • Email: [email protected]. Please including how and where a company Science Initiative, Science Technical include docket number DHS–1640–0036 heard about S&T and any previous Advisory Panel, Alaska in the subject line of the message. experiences working with S&T. The • Fax: (202) 254–6171. (Not a toll-free second page of the form requests AGENCY: North Slope Science Initiative, number). information about the technical Bureau of Land Management, Interior. • Mail: Science and Technology capabilities (technology or service) a ACTION: Notice. Directorate, ATTN: Chief Information company offers, including the current

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15866 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

SUMMARY: The purpose of this notice is To Nominate or Apply Authority: 43 CFR 1784.4–1; 5 U.S.C. to request public nominations to serve Appendix 2 on the North Slope Science Initiative’s Nomination forms and instructions are available from the NSSI website Ted Murphy, (NSSI) 15-member Science Technical Associate State Director, Alaska. Advisory Panel (Panel). The Panel (http://www.northslopescience.org) and advises the NSSI Oversight Group on the Office of Communications, North [FR Doc. 2018–07625 Filed 4–11–18; 8:45 am] technical issues such as identifying and Slope Science Initiative (see FOR BILLING CODE 4310–JA–P prioritizing inventory, monitoring, and FURTHER INFORMATION CONTACT section). research needs across the North Slope of Completed nomination forms/ DEPARTMENT OF THE INTERIOR Alaska and the adjacent marine applications and a minimum of one environment. letter of reference should describe the National Park Service DATES: All public nominations and nominee’s experience and qualifications applications for membership on the to serve on the Science Technical [NPS–WASO–NRNHL–DTS#-25340; panel must be received no later than Advisory Panel. Science Technical PPWOCRADI0, PCU00RP14.R50000] May 29, 2018. Advisory Panel members receive no monetary compensation, but will be National Register of Historic Places; FOR FURTHER INFORMATION CONTACT: Ms. reimbursed for necessary travel, lodging, Notification of Pending Nominations Lisa Gleason, Office of and Related Actions Communications, North Slope Science and per diem expenses for participating in announced meetings under Federal Initiative, Bureau of Land Management, AGENCY: National Park Service, Interior. 222 West Seventh Avenue, #13, Travel Regulations and Federal Anchorage, Alaska 99513, 907–271– Advisory Committee Act guidelines. ACTION: Notice. 3335, email blm_ak_nssi_ The Oversight Group includes the [email protected]. People who Alaska Regional or State Directors of the SUMMARY: The National Park Service is use a telecommunications device for the U.S. Fish and Wildlife Service, the soliciting comments on the significance deaf (TDD) may call the Federal Relay National Park Service, the Bureau of of properties nominated before March 24, 2018, for listing or related actions in Service (FRS) at 1–800–877–8339 to Ocean Energy Management, the Bureau the National Register of Historic Places. contact the above individual during of Safety and Environmental normal business hours. The FRS is Enforcement, the National Marine DATES: Comments should be submitted available 24 hours a day, seven days a Fisheries Service, and the Bureau of by April 27, 2018. week, to leave a message or question Land Management; the commissioners with the above individual. You will ADDRESSES: Comments may be sent via of the Alaska Departments of Natural U.S. Postal Service and all other carriers receive a reply during normal business Resources and Fish and Game; the hours. to the National Register of Historic Mayor of the North Slope Borough; and, Places, National Park Service, 1849 C St. SUPPLEMENTARY INFORMATION: Section the President of the Arctic Slope NW, MS 7228, Washington, DC 20240. 348 of the Energy Policy Act of 2005, Regional Corporation. Advisory SUPPLEMENTARY INFORMATION: The Public Law 109–58, created the NSSI, its members of the Oversight Group properties listed in this notice are being Oversight Group, and 15-member include the Regional Executive of the Science Technical Advisory Panel to considered for listing or related actions U.S. Geological Survey; the Deputy in the National Register of Historic coordinate inventories, monitoring, and Director, U.S. Arctic Research research for a better understanding of Places. Nominations for their Commission; the Alaska Regional terrestrial, aquatic, and marine consideration were received by the Director, National Weather Service; and ecosystems of the North Slope of National Park Service before March 24, the Regional Coordinator for the Alaska. The NSSI works to minimize 2018. Pursuant to Section 60.13 of 36 duplication of monitoring and research National Oceanographic and CFR part 60, written comments are efforts, share financial resources and Atmospheric Administration. The being accepted concerning the expertise, identify and prioritize Panel’s charter may be found here significance of the nominated properties information needs, and ensure through https://northslopescience.org/files/ under the National Register criteria for _ _ appropriate peer review that the science STAP/160620 STAP Charter.pdf. evaluation. conducted by participating agencies and Public Availability of Nomination/ Before including your address, phone organizations is of the highest technical Application Information number, email address, or other quality. personal identifying information in your As an advisory body, the Science Before including your address, phone comment, you should be aware that Technical Advisory Panel represents number, email address, or other your entire comment—including your diverse professions and interests, personal identifying information in your personal identifying information—may including the oil and gas industry, nomination/application package, you be made publicly available at any time. subsistence users, Alaska Native should be aware that your entire While you can ask us in your comment entities, conservation organizations, and nomination/application package— to withhold your personal identifying academia. A diverse membership helps including your personal identifying information from public review, we maintain and improve public and information—may be made publicly cannot guarantee that we will be able to agency access to accumulated and available at any time. While you can ask do so. ongoing research as well as us to withhold your personal identifying Nominations submitted by State contemporary and traditional local information from public review, we Historic Preservation Officers: knowledge. cannot guarantee that we will be able to CALIFORNIA Duties of the Panel are solely advisory do so. to the Oversight Group. Panel members Napa County serve for three-year terms, appointed by Napa County Infirmary, 2344 Old Sonoma the Secretary of the Interior. Rd., Napa, SG100002380

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15867

MONTANA MICHIGAN System (EDIS) at https://edis.usitc.gov. Fergus County Wayne County Hearing-impaired persons are advised that information on this matter can be U.S. Post Office, Court House, and Custom Lewistown Satellite Airfield Historic District obtained by contacting the (Boundary Increase IV), Fox Ln. off MT 19, House, 231 W Lafayette Blvd., Detroit, Grass Range vicinity, BC100002382 SG100002381 Commission’s TDD terminal on (202) 205–1810. NEW YORK WYOMING SUPPLEMENTARY INFORMATION: The Essex County Carbon County Commission has received a complaint Gooley Club, Gooley Club Rd., Newcomb Medicine House Site, Address Restricted, and a submission pursuant to § 210.8(b) vicinity, SG100002383 Hanna vicinity, SG100002396 of the Commission’s Rules of Practice Nassau County and Procedure filed on behalf of Authority: Section 60.13 of 36 CFR part 60. Syneron Medical Ltd.; Candela Hempstead Town Hall, 1 Washington St., Dated: March 28, 2018. Corporation and Massachusetts General Hempstead, SG100002384 J. Paul Loether, Hospital on April 9, 2018. The Mitchel Air Base and Flight Line, Roughly Charles Lindbergh Blvd., Ellington Ave., Chief, National Register of Historic Places/ complaint alleges violations of section East & West Rds., Garden City, National Historic Landmarks Program and 337 of the Tariff Act of 1930 (19 U.S.C. SG100002385 Keeper, National Register of Historic Places. 1337) in the importation into the United [FR Doc. 2018–07548 Filed 4–11–18; 8:45 am] States, the sale for importation, and the New York County BILLING CODE 4312–52–P sale within the United States after Wilbraham, The, 284 5th Ave., New York, importation of certain radio frequency SG100002386 micro-needle dermatological treatment Schoharie County INTERNATIONAL TRADE devices and components thereof. The Jenkins, Daniel Webster, House, 207 Church COMMISSION complaint names as respondents: St., Central Bridge, SG100002387 Invasix, Inc. of Irvine, CA; Invasix, Ltd. Notice of Receipt of Complaint; of Israel; Inmode Md, Ltd. of Irvine, CA; Suffolk County Solicitation of Comments Relating to Ilooda Co., Ltd. of Korea; Cutera, Inc. of Sisters of St. Joseph Motherhouse, the Public Interest Brisbane, CA; Emvera Technologies, Llc Brentwood, 1725 Brentwood Rd., of Cedartown, GA; Rohrer Aesthetics, AGENCY: U.S. International Trade Brentwood, SG100002388 Llc of Homewood, AL; Lutronic, Corp of Commission. Wading River Radio Station, 408 North Side Korea; Lutronic, Inc. of Burlington, MA; Rd., Wading River, SG100002389 ACTION: Notice. Endymed Medical Inc. of New York, Ulster County NY; Endymed Medical Ltd. of Israel; SUMMARY: Notice is hereby given that Pilgrim Furniture Company Factory, 2 S the U.S. International Trade Sung Hwan E & B Co., Ltd. of Korea; Prospect St., Kingston, SG100002390 Commission has received a complaint Aesthetics Biomedical, Inc. of Phoenix, AZ; Cartessa Aesthetics of Hockessin, VIRGINIA entitled Certain Radio Frequency Micro- Needle Dermatological Treatment DE; Jeisys Medical, Inc. of Korea; Amherst County Devices and Components Thereof, DN Perigee Medical Llc of Tracy, CA; Emmanuel Baptist Church, 205 Sandidges 3308; the Commission is soliciting Lumenis Ltd. of Israel; and Pollogen Rd., Amherst vicinity, SG100002391 comments on any public interest issues Ltd. of Israel. The complainant requests that the Commission issue a limited WASHINGTON raised by the complaint or exclusion order and cease and desist King County complainant’s filing pursuant to the Commission’s Rules of Practice and orders. Lewis, Hannah, House, 2317 13th Avenue Procedure. Proposed respondents, other East, Seattle, SG100002392 interested parties, and members of the FOR FURTHER INFORMATION CONTACT: Lisa Kitsap County public are invited to file comments, not R. Barton, Secretary to the Commission, to exceed five (5) pages in length, Yama & Nagaya Village, Near the SW corner U.S. International Trade Commission, inclusive of attachments, on any public of NE Country Club Rd. & Fort Ward Hill 500 E Street SW, Washington, DC interest issues raised by the complaint Rd. NE, Bainbridge Island, SG100002393 20436, telephone (202) 205–2000. The or § 210.8(b) filing. Comments should Pend Oreille County public version of the complaint can be address whether issuance of the relief accessed on the Commission’s Boundary Hydroelectric Project, 1198 specifically requested by the Electronic Document Information Boundary Dam Access Rd., Metaline complainant in this investigation would vicinity, SG100002394 System (EDIS) at https://edis.usitc.gov, affect the public health and welfare in and will be available for inspection WISCONSIN the United States, competitive during official business hours (8:45 a.m. conditions in the United States Washington County to 5:15 p.m.) in the Office of the economy, the production of like or Barton Elementary School, 614 School Pl., Secretary, U.S. International Trade directly competitive articles in the West Bend, SG100002395 Commission, 500 E Street SW, United States, or United States Washington, DC 20436, telephone (202) consumers. Nominations submitted by Federal 205–2000. Preservation Officers: General information concerning the In particular, the Commission is The State Historic Preservation Commission may also be obtained by interested in comments that: Officer reviewed the following accessing its internet server at United (i) Explain how the articles nominations and responded to the States International Trade Commission potentially subject to the requested Federal Preservation Officer within 45 (USITC) at https://www.usitc.gov. The remedial orders are used in the United days of receipt of the nominations and public record for this investigation may States; supports listing the properties in the be viewed on the Commission’s (ii) identify any public health, safety, National Register of Historic Places. Electronic Document Information or welfare concerns in the United States

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15868 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

relating to the requested remedial information and documents for which will meet at Pinnacle Plan Design, 2201 orders; confidential treatment is properly E. Camelback Road, Suite 200, Phoenix, (iii) identify like or directly sought, submitted to the Commission for AZ 85016, on April 30, 2018, from 8:30 competitive articles that complainant, purposes of this Investigation may be a.m. to 5:00 p.m. its licensees, or third parties make in the disclosed to and used: (i) By the The purpose of the meeting is to United States which could replace the Commission, its employees and Offices, discuss topics and questions that may subject articles if they were to be and contract personnel (a) for be recommended for inclusion on future excluded; developing or maintaining the records Joint Board examinations in actuarial (iv) indicate whether complainant, of this or a related proceeding, or (b) in mathematics, pension law and complainant’s licensees, and/or third internal investigations, audits, reviews, methodology referred to in 29 U.S.C. party suppliers have the capacity to and evaluations relating to the 1242(a)(1)(B). replace the volume of articles programs, personnel, and operations of A determination has been made as potentially subject to the requested the Commission including under 5 required by section 10(d) of the Federal exclusion order and/or a cease and U.S.C. Appendix 3; or (ii) by U.S. Advisory Committee Act, 5 U.S.C. App., desist order within a commercially government employees and contract that the subject of the meeting falls reasonable time; and personnel,2 solely for cybersecurity within the exception to the open (v) explain how the requested purposes. All nonconfidential written meeting requirement set forth in Title 5 remedial orders would impact United submissions will be available for public U.S.C. 552b(c)(9)(B), and that the public States consumers. inspection at the Office of the Secretary interest requires that such meeting be Written submissions must be filed no and on EDIS.3 closed to public participation. later than by close of business, eight This action is taken under the Dated: April 5, 2018. calendar days after the date of authority of section 337 of the Tariff Act Thomas V. Curtin, Jr., publication of this notice in the Federal of 1930, as amended (19 U.S.C. 1337), Register. There will be further and of §§ 201.10 and 210.8(c) of the Executive Director, Joint Board for the Enrollment of Actuaries. opportunities for comment on the Commission’s Rules of Practice and public interest after the issuance of any Procedure (19 CFR 201.10, 210.8(c)). [FR Doc. 2018–07580 Filed 4–11–18; 8:45 am] final initial determination in this BILLING CODE 4830–01–P By order of the Commission. investigation. Persons filing written submissions Issued: April 9, 2018. Lisa Barton, must file the original document DEPARTMENT OF JUSTICE electronically on or before the deadlines Secretary to the Commission. stated above and submit 8 true paper [FR Doc. 2018–07628 Filed 4–11–18; 8:45 am] Bureau of Alcohol, Tobacco, Firearms copies to the Office of the Secretary by BILLING CODE 7020–02–P and Explosives noon the next day pursuant to § 210.4(f) of the Commission’s Rules of Practice [OMB Number 1140–0003] and Procedure (19 CFR 210.4(f)). JOINT BOARD FOR THE Submissions should refer to the docket ENROLLMENT OF ACTUARIES Agency Information Collection number (Docket No. 3308) in a Activities; Proposed eCollection prominent place on the cover page and/ Meeting of the Advisory Committee; eComments Requested; Revision of a or the first page. (See Handbook for Meeting Currently Approved Collection Report Electonic Filing Procedures, Electronic of Multiple Sale or Other Disposition of AGENCY: Joint Board for the Enrollment Filing Procedures 1). Persons with Pistols and Revolvers—ATF F 3310.4 of Actuaries. questions regarding filing should AGENCY: Bureau of Alcohol, Tobacco, contact the Secretary (202–205–2000). ACTION: Notice of Federal Advisory Committee meeting. Firearms and Explosives, Department of Any person desiring to submit a Justice. document to the Commission in SUMMARY: The Joint Board for the ACTION: 60-Day notice. confidence must request confidential Enrollment of Actuaries gives notice of treatment. All such requests should be a closed meeting of the Advisory SUMMARY: The Department of Justice directed to the Secretary to the Committee on Actuarial Examinations. (DOJ), Bureau of Alcohol, Tobacco, Commission and must include a full DATES: The meeting will be held April Firearms and Explosives (ATF), will statement of the reasons why the 30, 2018, from 8:30 a.m. to 5:00 p.m. submit the following information Commission should grant such ADDRESSES: The meeting will be held at collection request to the Office of treatment. See 19 CFR 201.6. Documents Management and Budget (OMB) for for which confidential treatment by the Pinnacle Plan Design, 2201 E. Camelback Road, Suite 200, Phoenix, review and approval in accordance with Commission is properly sought will be the Paperwork Reduction Act of 1995. treated accordingly. All such requests AZ 85016. FOR FURTHER INFORMATION CONTACT: The proposed collection OMB 1140– should be directed to the Secretary to 0067 (Report of Multiple Sale or Other the Commission and must include a full Elizabeth Van Osten, Designated Federal Officer, Advisory Committee on Disposition of Pistols and Revolvers— statement of the reasons why the ATF F 3310.4) is being revised due to Commission should grant such Actuarial Examinations, at (703) 414– 2163. a change in burden, since there is an treatment. See 19 CFR 201.6. Documents increase in the number of respondents, for which confidential treatment by the SUPPLEMENTARY INFORMATION: Notice is responses, and total burden hours. The Commission is properly sought will be hereby given that the Advisory proposed information collection is also treated accordingly. All information, Committee on Actuarial Examinations being published to obtain comments including confidential business from the public and affected agencies. 2 All contract personnel will sign appropriate DATES: 1 Handbook for Electronic Filing Procedures: nondisclosure agreements. Comments are encouraged and https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System will be accepted for 60 days until June filing_procedures.pdf. (EDIS): https://edis.usitc.gov. 11, 2018.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15869

FOR FURTHER INFORMATION CONTACT: If Other (if applicable): Federal Hamilton County and the City of you have additional comments, Government, State, Local, or Tribal Cincinnati, Civil Action No. C–1–02– particularly with respect to the Government. 107. On April 3, 2018, the U.S. estimated public burden or associated Abstract: This information collection Environmental Protection Agency, the response time, have suggestions, need a documents certain sales or other Ohio Environmental Protection Agency, copy of the proposed information dispositions of handguns for law and the Ohio River Valley Water collection instrument with instructions, enforcement purposes, and determines Sanitation Commission (collectively, or desire any additional information, if the buyer is involved in an unlawful ‘‘regulators’’) conditionally approved please contact Ed Stely, Branch Chief, activity, or is a person prohibited by law defendants’ proposal to modify their from obtaining firearms. Tracing Operations and Records Wet Weather Improvement Plan Management Branch, National Tracing 5. An estimate of the total number of respondents and the amount of time (‘‘WWIP’’) to (a) change the date for Center Division either by mail at 244 submission of the required Phase 2 Needy Road, Martinsburg, WV 25405, estimated for an average respondent to schedule to June 30, 2018, and (b) by email at [email protected], or by respond: An estimated 77,905 require Defendants to implement a telephone at 304–260–1515. respondents will respond approximately 5.85244 times to this information ‘‘bridge schedule’’ of specified remedial SUPPLEMENTARY INFORMATION: Written collection, and it will take each measures expected to cost comments and suggestions from the respondent approximately 15 minutes to approximately $49 million by December public and affected agencies concerning complete the required form. 31, 2019. The regulators’ approval is the proposed collection of information 6. An estimate of the total public conditioned on the Court’s entry of this are encouraged. Your comments should burden (in hours) associated with the Amendment to the Global Decree. address one or more of the following collection: The estimated annual public four points: The publication of this notice opens burden associated with this collection is a period for public comment on the — Evaluate whether the proposed 113, 984 hours which is equal to 77,905 proposed Amendment to the Global collection of information is necessary (# of respondents) * 5.85244 (# of Decree, which is available for public for the proper performance of the responses per respondent) * .25 (15 review as described below. Comments functions of the agency, including minutes). whether the information will have 7. An Explanation of the Change in should be addressed to the Assistant practical utility; Estimates: The increase in the number Attorney General, Environment and — Evaluate the accuracy of the agency’s of respondents by 4,106, the total Natural Resources Division, and should estimate of the burden of the responses by 126,768 and the IC burden refer to United States et al. v. Board of proposed collection of information, hours by 31,692, are due to a revision County Commissioners of Hamilton including the validity of the of agency estimates and a general County and the City of Cincinnati, D.J. methodology and assumptions used; increase in the number of respondents Ref. No. 90–5–1–6–341A. All comments — Evaluate whether and if so how the since the last renewal in 2015. must be submitted no later than thirty quality, utility, and clarity of the If additional information is required (30) days after the publication date of information to be collected can be contact: Melody Braswell, Department this notice. Comments may be enhanced; and Clearance Officer, United States submitted either by email or by mail: — Minimize the burden of the collection Department of Justice, Justice of information on those who are to Management Division, Policy and To submit comments: Send them to: respond, including through the use of Planning Staff, Two Constitution appropriate automated, electronic, Square, 145 N Street NE 3E.405A, Washington, DC 20530. By email ...... pubcomment-ees.enrd@ mechanical, or other technological usdoj.gov. collection techniques or other forms Dated: April 9, 2018. By mail ...... Assistant Attorney General, of information technology, e.g., Melody Braswell, U.S. DOJ—ENRD, P.O. permitting electronic submission of Department Clearance Officer for PRA, U.S. Box 7611, Washington, DC responses. Department of Justice. 20044–7611. Overview of This Information [FR Doc. 2018–07551 Filed 4–11–18; 8:45 am] Collection BILLING CODE 4410–FY–P During the public comment period, the Amendment to the Global Decree 1. Information Collection (check and the related modifications to the justification or form 83): Revision of a DEPARTMENT OF JUSTICE WWIP may be examined and currently approved collection. downloaded at this Justice Department 2. The Title of the Form/Collection: Notice of Lodging of Proposed Amendment to Consent Decree Under website: https://www.justice.gov/enrd/ Report of Multiple Sale or Other consent-decrees. We will provide a Disposition of Pistols and Revolvers the Clean Water Act paper copy of the Amendment to the 3. The agency form number, and the On April 5, 2018, the Department of Global Decree and the associated WWIP applicable component of the Justice lodged a proposed Amendment modifications upon written request and Department sponsoring the collection: to the Consent Decree on Combined payment of reproduction costs. Please Form/Collection number (if Sewer Overflows, Wastewater mail your request and payment to: applicable): ATF F 3310.4. Treatment Plants and Implementation of Consent Decree Library, U.S. DOJ— Component: Bureau of Alcohol, Capacity Assurance Program Plan for ENRD, P.O. Box 7611, Washington, DC Tobacco, Firearms and Explosives, U.S. Sanitary Sewer Overflows 20044–7611. Department of Justice. (‘‘Amendment to the Global Decree’’) 4. Affected public who will be asked with the United States District Court for Please enclose a check or money order or required to respond, as well as a brief the Southern District of Ohio in the for $7.50 (25 cents per page abstract: lawsuit entitled United States et al. v. reproduction cost, applicable only to Primary: Individuals or households. Board of County Commissioners of

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15870 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

requests for a paper copy) payable to the —Evaluate whether the proposed of the President, the U.S. Supreme United States Treasury. collection of information is necessary Court, state officials, international for the proper performance of the organizations, researchers, students, the Thomas Carroll, functions of the Bureau of Justice media, and others interested in criminal Assistant Section Chief, Environmental Statistics, including whether the justice statistics. Enforcement Section, Environment and Natural Resources Division. information will have practical utility; (5) An estimate of the total number of —Evaluate the accuracy of the agency’s [FR Doc. 2018–07604 Filed 4–11–18; 8:45 am] respondents and the amount of time estimate of the burden of the estimated for an average respondent to BILLING CODE 4410–15–P proposed collection of information, respond: An estimate of the total including the validity of the number of respondents is 118,714. DEPARTMENT OF JUSTICE methodology and assumptions used; About 80% of respondents (92,597) will —Evaluate whether and if so how the have no police contact and will [OMB Number 1121–0260] quality, utility, and clarity of the complete the short interview with an information to be collected can be average burden of three minutes. Among Agency Information Collection enhanced; and Activities: Proposed eCollection the 20% of respondents (26,117) who —Minimize the burden of the collection experienced police contact, the time to eComments Requested; of information on those who are to Reinstatement, With Change, of a ask the detailed questions regarding the respond, including through the use of nature of the contact is estimated to take Previously Approved Collection for appropriate automated, electronic, Which Approval Has Expired: 2018 an average of 10 minutes. Respondents mechanical, or other technological Police Public Contact Survey (PPCS) will be asked to respond to this survey collection techniques or other forms only once during the six month period. AGENCY: Bureau of Justice Statistics, of information technology, e.g., The burden estimate is based on data Department of Justice. permitting electronic submission of from prior administrations of the PPCS. ACTION: 30-Day notice. responses. (6) An estimate of the total public Overview of this information burden (in hours) associated with the SUMMARY: The Department of Justice collection: collection: There are an estimated 8,983 (DOJ), Office of Justice Programs, (1) Type of Information Collection: total burden hours associated with this Bureau of Justice Statistics, will be Reinstatement of the Police Public collection. submitting the following information Contact Survey, with changes, a If additional information is required collection request to the Office of contact: Melody Braswell, Department Management and Budget (OMB) for previously approved collection for which approval has expired. Clearance Officer, United States review and approval in accordance with Department of Justice, Justice the Paperwork Reduction Act of 1995. (2) The Title of the Form/Collection: Management Division, Policy and The proposed information collection 2018 Police Public Contact Survey. Planning Staff, Two Constitution was previously published in the Federal (3) The agency form number, if any, Square, 145 N Street NE, 3E.405A, Register on Thursday, December 21, and the applicable component of the Washington, DC 20530. 2017, allowing a 60-day comment Department sponsoring the collection: period. Following publication of the 60- The form number for the questionnaire Dated: April 6, 2018. day notice, the Bureau of Justice is PPCS–1. The applicable component Melody Braswell, within the Department of Justice is the Statistics received three requests for the Department Clearance Officer for PRA, U.S. survey instrument, a statement of Bureau of Justice Statistics, in the Office Department of Justice. of Justice Programs. support for the collection, and a [FR Doc. 2018–07524 Filed 4–11–18; 8:45 am] (4) Affected public who will be asked question regarding arrest-related deaths, BILLING CODE 4410–18–P which are outside of the scope of the or required to respond, as well as a brief PPCS. abstract: Respondents will be persons 16 years or older living in households DEPARTMENT OF JUSTICE DATES: Comments are encouraged and located throughout the United States will be accepted for 30 days until May sampled for the National Crime Federal Bureau of Prisons 14, 2018. Victimization Survey (NCVS). The PPCS FOR FURTHER INFORMATION CONTACT: If will be conducted as a supplement to Record of Decision: Proposed United you have additional comments the NCVS in all sample households for States Penitentiary and Federal Prison especially on the estimated public a six (6) month period. The PPCS is one Camp, Letcher County, Kentucky burden or associated response time, component of the BJS effort to fulfill the suggestions, or need a copy of the mandate set forth by the Violent Crime I. Introduction proposed information collection Control and Law Enforcement Act of This document provides a Record of instrument with instructions or 1994 to collect, evaluate, and publish Decision (ROD) pursuant to the National additional information, please contact data on the use of excessive force by law Environmental Policy Act of 1969 as Anthony Whyde, Statistician, Bureau of enforcement personnel. The goal of the amended (NEPA), documenting my Justice Statistics, 810 Seventh Street collection is to report national statistics decision regarding the proposal by the NW, Washington, DC 20531 (email: that provide a better understanding of United States (U.S.) Department of [email protected]; telephone: the types, frequency, and outcomes of Justice, Federal Bureau of Prisons 202–307–0711). contacts between the police and the (Bureau) to acquire a site up to 800 acres SUPPLEMENTARY INFORMATION: Written public, public perceptions of police in size and construct and operate a U.S. comments and suggestions from the behavior during the contact, and the Penitentiary (USP) and Federal Prison public and affected agencies concerning conditions under which police force Camp (FPC) in Letcher County, the proposed collection of information may be threatened or used. BJS plans to Kentucky. The ROD describes the are encouraged. Your comments should publish this information in reports and rationale for selecting Modified address one or more of the following reference it when responding to queries Alternative 2-Roxana as the chosen four points: from the U.S. Congress, Executive Office alternative.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15871

The Bureau’s decision is based on the Bureau removed two parcels of land projected to remain at 29 percent information and analysis contained in at the Roxana site from acquisition overcrowded. the Final Supplemental Revised Final consideration, resulting in a proposed There is a continuing need for Environmental Impact Statement site of approximately 570 acres. The additional high-security male facilities (RFEIS) issued September 2017, the Bureau conducted a number of detailed in the Mid-Atlantic Region, where every Draft Supplemental RFEIS issued March studies at the Roxana site and existing high-security male facility has 2017, the RFEIS issued April 2016, the determined this smaller site size would been operating, and continues to Draft EIS issued February 2015, be a viable alternative for constructing operate, above its rated capacity. As of technical studies, and comments from and operating a USP, FPC, and ancillary November 28, 2017, the four high- federal and state agencies, elected facilities. However, the reduction in site security male facilities in this region officials, organizations, and individuals. size necessitated modifying the facilities housed approximately 4,797 high- The purpose of this ROD is to publish layout evaluated for Alternative 2— security male inmates, but their total the Agency’s decision with respect to Roxana in the 2016 RFEIS. The Bureau rated capacity is 3,441 inmates. the environmental review process. prepared a Supplemental RFEIS to Therefore, the Bureau has determined Nothing in this ROD should be taken as assess new circumstances and the Mid-Atlantic Region high-security an indication that the Bureau intends to information relevant to potential male facilities are overcrowded and proceed (or not to proceed) with the environmental impacts as a result of the exceed rated capacity by 39 percent. development of a federal correctional modifications to the Roxana site size Overcrowding in the Mid-Atlantic facility in Letcher County. Such and facilities layout under Modified Region facilities compromises the decision will be made at the appropriate Alternative 2—Roxana. The Draft mission of the Bureau. The Bureau faces time. Supplemental RFEIS analyzed Modified challenges in providing for inmates’ II. Background Alternative 2—Roxana and the No care and safety in crowded conditions, Action Alternative. Alternative 2— as well as the safety of Bureau staff and The Bureau prepared an EIS to Roxana from the 2016 RFEIS was surrounding communities, within evaluate the potential environmental eliminated from further evaluation budgeted levels. Provision of a new USP effects of site acquisition and because the original site configuration and FPC with additional high-security development of the USP and FPC at two was no longer feasible. The Draft bed space in Letcher County would potential locations in Letcher County: Supplemental RFEIS was published in meet the need to ensure a safe and Alternative 1—Payne Gap and March 2017, and the Final secure environment for both staff and Alternative 2—Roxana. The No Action Supplemental RFEIS was published in inmates, particularly as it applies to Alternative was also evaluated. The September 2017. higher security inmates, within the Mid- Draft EIS was published in February Atlantic Region, afford the Bureau 2015 and the Final EIS was published III. Purpose and Need for the Project continued management of inmates in July 2015. originating from the region, allowing In consideration of comments The purpose of the proposed federal those inmates to remain close to family, received on the Final EIS, the Bureau correctional facility in Letcher County is withdrew the July 2015 Final EIS and to develop additional high-security which aids in the rehabilitation process. The Bureau proposes to acquire up to prepared a RFEIS. The RFEIS corrected facilities to increase capacity for current 800 acres in Letcher County to construct inconsistencies in the Final EIS, inmate populations in the Mid-Atlantic and operate a USP, FPC, and associated provided more complete discussion of Region based on the need for additional ancillary facilities. The ancillary some topics addressed in the Final EIS, bed space. The Bureau has studied the and provided more complete responses need for an additional high-security facilities would include a central utility to comments received on the Draft EIS penitentiary and an associated federal plant, outdoor firing range, outside than were provided in the Final EIS. prison camp in the Mid-Atlantic Region, warehouse, staff training building, Also, as a result of Final EIS comments and has continually updated inmate garage/landscape building, access roads, received, the Bureau confirmed that population totals throughout the EIS and parking lots. A non-lethal/lethal written notice of availability of the Final process. The overall prisoner population fence and site lighting would also be EIS had not been directly provided to at is declining. On June 13, 2017, the U.S. installed. The proposed USP would least twenty-two parties who had Department of Justice Deputy Attorney house approximately 960 high-security requested it; therefore, these parties General testified before the House male inmates, and the FPC would house received less than the intended, full 30- Committee on Appropriations that the approximately 256 minimum-security day review period on the Final EIS. By federal inmate population has declined male inmates for a total population of publishing the RFEIS and providing a 14 percent, totaling 30,000 inmates, over approximately 1,216 inmates. Together 30-day review period, all interested the last four years. Although the inmate both facilities would employ parties were afforded a new review population has been declining in recent approximately 300 full-time staff upon period. The March 2016 RFEIS was years, as of November 28, 2017, the size operation. Development of the USP and published on April 1, 2016. The 2016 of the total inmate population in the FPC in Letcher County is proposed to RFEIS made no change to the proposed Bureau’s institutions exceeds the rated provide an additional USP and FPC for action. As did the withdrawn Final EIS, capacity of its prisons by 14 percent, mission support to increase capacity for the 2016 RFEIS evaluated Alternative with its high-security level institutions current inmate populations in the Mid- 1—Payne Gap, Alternative 2—Roxana, (USPs) at an approximate 29 percent Atlantic Region and reduce the and the No Action alternative. overcrowded rate. Based on recent U.S. overcrowding in this region’s high- The Bureau was originally Department of Justice policy changes in security male facilities. considering acquiring approximately prosecution priorities, the Bureau’s IV. Alternatives Considered 700 acres at the Roxana site or 750 acres Fiscal Year 2018 total inmate at Payne Gap for this project. Following population is projected to increase to A. No Action Alternative publication of the March 2016 RFEIS, in approximately a 16 percent The No Action Alternative is defined which Alternative 2—Roxana was overcrowded rate, and high-security as a decision by the Bureau not to identified as the preferred alternative, level institutions population is proceed with the proposed action.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15872 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Under this alternative, the Bureau no detailed analysis of the site was County, approximately 7.5 miles west of would not acquire land to construct and included in the feasibility study. The Whitesburg. The site is forested except operate a new USP and FPC to house a remaining three sites were assessed for for a large open area near the center of portion of the federal inmate population potential impacts to infrastructure and the site created from past surface mining and would result in a continuation of environmental resources, including activities. No active mining is occurring the status quo, with existing USPs in the archaeological sites and historic on site. The Bureau proposed Mid-Atlantic Region remaining architectural resources, wetlands, and constructing the FPC in the north overcrowded at current levels and their geological conditions. The feasibility portion of the Roxana site and the USP associated FPCs remaining at or near study highlighted potential concerns and ancillary buildings in the central capacity. Selection of the No Action with development of each site, as well portion of the site. The proposed Alternative would avoid environmental as estimated costs of development of facilities layout included an access road impacts associated with development each site in relation to infrastructure extending along the east side of the and operation of the proposed USP and improvement and site preparation (i.e., facilities from KY 588. FPC. excavation and/or fill and grading 3. Alternatives Evaluated in 2017 Draft The No Action Alternative does not activities). Based on the analysis in the and Final Supplemental RFEIS meet the purpose of and need for the feasibility study, that was completed in proposed action because it does not 2012, the Bureau determined that there The 2017 Draft and Final address the Bureau’s need to provide were no constraints that would prevent Supplemental RFEIS analyzed Modified additional capacity to reduce current development of any of the three sites. Alternative 2—Roxana and the No overcrowding of the federal inmate Changes with the offeror of the Van/ Action Alternative. Alternative 1— population in other federal correctional Fields site during the final stages of the Payne Gap was incorporated by facilities in the Mid-Atlantic Region, feasibility study eliminated this site reference. Alternative 2—Roxana from particularly in the high-security male from further consideration. The Bureau the 2016 RFEIS was eliminated from facilities. carried forward the remaining two sites, further evaluation because the original site configuration was no longer B. Alternative Project Locations Within Payne Gap and Roxana, for analysis in feasible. Geographic Area of Interest the EIS. The Bureau has a continuing need for 1. Alternatives Evaluated in the Draft Modified Alternative 2—Roxana additional high-security male facilities EIS, Final EIS, and 2016 RFEIS Under Modified Alternative 2— within the Mid-Atlantic Region. None of 2. Roxana, the Bureau would acquire the existing federal lands or facilities in Two action alternatives and the No approximately 570 acres of land at the Mid-Atlantic Region within the Action Alternative were evaluated in Roxana. Because of the reduced site jurisdiction of the Bureau have the February 2015 Draft EIS, July 2015 size, the Bureau modified the facilities sufficient space to accommodate the Final EIS, and March 2016 RFEIS. layout evaluated for Alternative 2— development of the proposed facilities. Roxana in the 2016 RFEIS. In the In addition, no reasonable alternatives Alternative 1—Payne Gap modified facilities layout under this for the use of existing land or facilities Development of a USP and FPC at the alternative compared with the 2016 outside of the jurisdiction of the Bureau Payne Gap site (Alternative 1) would alternative, the FPC would be situated were identified within the Mid-Atlantic involve acquisition of approximately closer to the USP and the access road Region. 753 acres located in eastern Letcher would extend from KY 588 along the The Letcher County Planning County, approximately 7 miles west side of the FPC rather than the east Commission contacted the Bureau with northeast of the city of Whitesburg, side. an offer of potential sites for a new USP along the Kentucky and Virginia border. C. Preferred Alternative and FPC in Letcher County. The Letcher The proposed site is situated on a gently County Planning Commission identified sloped to steeply sloped upland land Modified Alternative 2—Roxana best four potential locations that could meet form, and is covered with secondary meets Bureau operational and security the needs of the Bureau, and brought growth forests. The original topography requirements while minimizing these sites to the attention of the Bureau of portions of the site has been altered potential environmental and other to determine if the Bureau had an by past surface and deep mining and by impacts and is considered the Preferred interest in developing a new facility at associated mining activities such as Alternative. Modified Alternative 2— one of the locations. Between 2008 and spoil piles, roads, and fill piles. No Roxana best meets the purpose of the 2010, the Bureau conducted two site active mining is occurring on site. The proposed action by providing an reconnaissance studies to collect proposed facilities layout for Alternative additional high-security penitentiary preliminary data on the four sites that 1 consists of developing the north half and an associated prison camp to have been offered by members of the of the Payne Gap site with the USP, increase capacity for current inmate community to determine their FPC, and ancillary buildings, and populations in the Mid-Atlantic Region. suitability for development based on accessing the site from U.S. Route 119. In addition, Modified Alternative 2— site conditions, infrastructure and To accommodate the USP, FPC, Roxana satisfies the continuing need for utilities, and environmental resources. ancillary buildings, and roads, additional high-security facilities within Based on the initial analyses, the Bureau Alternative 1 would require more this region, despite recent declines in determined the four sites, referred to as extensive rock excavation and fill to other than high-security in-mate Meadow Branch, Payne Gap, Roxana, level and prepare the site for population groups, to reduce the and Van/Fields, should be studied in construction than would Alternative 2. demonstrated overcrowding that more detail in a feasibility study. compromises the mission of the Bureau. During the initial phase of the Alternative 2—Roxana Although both the Payne Gap and feasibility study, changes with the Development of a USP and FPC at the Roxana sites accommodate the required offeror of the Meadow Branch site Roxana site (Alternative 2) would have facilities, Modified Alternative 2— resulted in the removal of the site from involved acquisition of approximately Roxana is the Preferred Alternative consideration by the Bureau; therefore, 700 acres located in western Letcher because it would have, on balance,

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15873

fewer impacts to the human and natural the Kentucky Department for (d) Implement a blasting plan and environment as compared with Environmental Protection, Division of informing local community about Alternative 1—Payne Gap evaluated in Water for approval prior to construction. blasting activity dates. the 2016 RFEIS. Both build alternatives (b) Implement construction-period 7. Infrastructure and Utilities would have direct adverse impacts to and permanent surface water and topography, geology, and soils; stormwater control plans to manage (a) Pay natural gas infrastructure however, much greater site preparation runoff. owners for costs associated with work would be required at the Payne (c) Phase the construction of the USP, closure, abandonment, and/or relocation Gap site. Except for the potential impact FPC, and ancillary facilities to occur at of the wells and associated pipelines. to the natural gas infrastructure, different times to minimize soil (b) Comply with applicable federal Modified Alternative 2—Roxana would disturbance by only clearing areas and state regulations regarding the have less than significant impacts to necessary for the current phase of permanent closure and abandonment of infrastructure and utilities, while construction. gas wells and the relocation of the Alternative 1—Payne Gap would have (d) Re-vegetate disturbed areas pipes. following the completion of significant impacts to potable water 8. Water Resources capacity, wastewater treatment capacity, construction to minimize the erosion of exposed soil. (a) Pay a fee into the in-lieu fee and natural gas infrastructure. Under mitigation program managed by the Modified Alternative 2—Roxana, 3. Community Facilities and Services Kentucky Department of Fish and impacts to streams and forest would be (a) Discuss the development of a Wildlife Resources. less than those under Alternative 1— Memorandum of Understanding with (b) Prepare and implement a Payne Gap. Development of the the Whitesburg Police Department and Groundwater Protection Plan in proposed action under Alternative 1— Mayor of Whitesburg to determine the compliance with Kentucky Payne Gap would impact approximately department’s status and what steps may Administrative Regulations, Title 401, 100 more acres of summer habitat of be taken to offset potential impacts to Chapter 5, Section 37 (401 KAR 5: 037), federally listed bat species when Whitesburg Police Department Groundwater Protection Plans. compared with Modified Alternative operations or its equipment. 2—Roxana. 9. Biological Resources 4. Transportation and Traffic D. Avoidance, Minimization, and (a) Implement the following Mitigation Measures (a) Require the selected construction Reasonable and Prudent Measure contractor to perform an assessment of stipulated in the U.S. Fish and Wildlife The Bureau will implement the routing of construction traffic to the site. Service (USFWS) Biological Opinion following avoidance, minimization, and (b) Route construction vehicles so (BO) regarding potential impacts to the mitigation measures and best gross vehicle weight does not exceed Indiana bat, northern long-eared bat, management practices to reduce the Kentucky Transportation Cabinet and gray bat from the Preferred environmental impacts of the Selected maximum weight limitations. Alternative: The Bureau shall ensure Alternative. No mitigation is required (c) Bond the roads where limitations that the project will occur as designed, for socioeconomics and environmental may be exceeded and repair the roads planned, and documented in the justice, as the Selected Alternative upon completion of construction. Biological Assessment and this BO. would not result in adverse impacts to (d) Develop and implement a (b) Comply with the following Term socioeconomics, environmental justice maintenance of traffic plan to maintain and Condition, which implements the populations, or children, and no traffic flow when construction above Reasonable and Prudent Measure, mitigation is required for cultural equipment is being transported to the specified in the BO: The Bureau shall resources, as the Preferred Alternative site. ensure that the project will occur as would have no impact to National designed, planned, and documented in 5. Air Quality Register of Historic Places—listed or the Biological Assessment and this BO. eligible cultural resources. (a) Implement best management (c) Incorporate the following practices, including but not limited to Conservation Measures documented in 1. Land Use and Zoning periodic soil wetting, use of the Biological Assessment in project (a) Provide an open space and alternatively fueled equipment, use of design and construction: vegetative buffer between the USP and other emissions controls applicable to (i.) Contribute to the Imperiled Bat FPC to maintain visual compatibility on-site equipment, and reduction of Conservation Fund as compensatory with surrounding properties. equipment and construction vehicle mitigation for adverse effects on Indiana (b) Design and locate the facilities to idling time, to reduce air emissions. bats and northern long-eared bats. reduce the visual presence of the facility (b) Obtain an air quality permit from (ii.) Develop and implement a from neighboring properties. the Kentucky Department for Kentucky Division of Water-approved (c) Maintain a 125-foot buffer between Environmental Protection for air erosion and sediment control plan. FPC construction activities and the emission sources in compliance with (iii.) Avoid tree removal during June Whitaker property. Kentucky Administrative Regulations, and July. (d) Maintain a 100-foot buffer between Title 401, Chapter 52, Section 040 (401 (iv.) Avoid blasting from November 15 access road construction activities and KAR 52: 040), State-origin Permits. through March 31. the Frazier Cemetery. (v.) Conduct construction activities (e) Use full cutoff light fixtures to 6. Noise from April 15 through October 31 in minimize off-site adverse impacts of (a) Use noise bellows systems on pile suitable Indiana bat and/or northern lighting. driving equipment. long-eared bat habitat during daylight (b) Schedule louder construction hours. 2. Topography, Geology, and Soils activities from mid-morning to mid- (vi.) Direct construction lighting (a) Prepare a Stormwater Pollution afternoon for less intrusive times. toward construction activities and away Prevention Plan with a soil erosion and (c) Limit construction activities to from forested habitat during any sediment control plan and submit it to daytime hours to the extent feasible. nighttime construction activities.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15874 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

(vii.) Require construction contractors Greenhouse Gas Emissions, design and environmental, and infrastructure to inspect vehicles and equipment to construction of the USP and FPC will criteria until a preferred alternative was ensure visible plant and seed material comply with the design and operation identified that best met project has been removed prior to entering the standards and practices included in the objectives while accommodating project area. following: security considerations, logistics, and (viii.) Install the facility’s outdoor (i) U.S. Green Building Council’s costs. Development of the USP and FPC lights with full cutoff fixtures (emit no Leadership in Environmental and under Modified Alternative 2—Roxana direct up light). Energy Design (LEED) prerequisites and best meets the project’s goals and (x.) Fence off the feature identified as credits for Silver certification. objectives, and because development of potential hibernaculum and installing (ii) 10 CFR 433, Energy Efficient this alternative would have fewer warning signs around the area to Standards for the Design and impacts on the human and natural prevent disturbance. Construction of New Federal environment, it is considered by the (d) Incorporate the required reporting/ Commercial and Multi-family High Rise Bureau to be the environmentally monitoring requirements from the Residential Buildings. preferable alternative. USFWS BO into the Monitoring and (iii) 10 CFR 436 Federal Energy Construction and operation of the Enforcement Program (MEP) for the Management and Planning Programs. proposed USP and FPC under Modified project, is described in Section VII of (iv) IEEE Standard 739—IEEE Alternative 2—Roxana will result in this ROD. (Institute of Electrical and Electronics significant impacts to topography, Engineers) Recommended Practice for geology and soils, and less than 10. Hazardous Materials and Waste Energy Conservation and Cost Effective significant impacts to land use, (a) Comply with applicable federal Planning in Industrial Facilities. community facilities and services, and state regulations regarding the transportation and traffic, air quality, VI. Decision management of hazardous materials and noise, infrastructure and utilities, water waste. Based on consultation with consulting resources, biological resources, and (b) Use, store, and properly dispose of agencies; consideration of potential hazardous materials and waste, as batteries and containerized pesticides, environmental consequences; Bureau defined by NEPA. While construction herbicides, paints, and solvents. operational, security, and management and operation of the proposed USP and (c) Comply with Kentucky needs for current Mid-Atlantic Region FPC under Modified Alternative 2— Administrative Regulations, Title 401, facilities; public comments on the Roxana will cause unavoidable impacts, Chapter 100, Section 30 (401 100: 030), February 2015 Draft EIS, July 2015 Final construction and operation activities Remediation Requirements, for the EIS, March 2016 RFEIS, March 2017 will comply with all federal statutes, remediation of three identified locations Draft Supplemental RFEIS, and implementing regulations, Executive of petroleum releases from a petroleum September 2017 Final Supplemental Orders, and other consultation, review, extraction operation, and submit all RFEIS; and my being apprised of the and permit requirements potentially associated cleanup reports and records material and information contained in applicable to this project. Any to the Kentucky Department for the 2016 RFEIS and 2017 Final unavoidable adverse impacts to land Environmental Protection (DEP) Supplemental RFEIS, I have decided to use, topography, geology and soils, Division of Waste Management, select Modified Alternative 2—Roxana, community facilities and services, Superfund Branch—Petroleum Cleanup as summarized above and described in transportation and traffic, air quality, Section in accordance with the detail within the 2017 Final noise, infrastructure and utilities, water procedures outlined in DEP 7097C, Supplemental RFEIS, for the proposed resources, biological resources, and Closure Report for Petroleum Releases land acquisition and development of a hazardous materials and waste will be and Exempt Petroleum Tank Systems. USP and FPC in Letcher County. controlled, reduced, or eliminated by (d) Design facilities intended for Development of the proposed project the avoidance, minimization, and human occupancy to prevent occupant under Modified Alternative 2—Roxana mitigation measures identified in exposures to radon above the USEPA is contingent on the availability of Section IV.D of this ROD. The project action level of 4 pCi/L (picocuries per funding sufficient to proceed. will comply with the regulatory liter). requirements of the Clean Water Act (33 (e) Incorporate the following Bureau VII. Rationale U.S.C. 1251 et seq.). Technical Design Guidelines in the My decision is based on the following The Bureau will coordinate with the design of the outdoor firing range to factors: U.S. Army Corps of Engineers on permit prevent lead contamination outside of The Bureau has a continuing need for requirements and will obtain all the range itself: Safety baffles, berms additional safe and secure facilities in required permits for the placement of and backstops to contain bullets to a the Mid-Atlantic Region, where every fill material and potential disturbance of designated area; impoundments, traps, existing high-security facility is wetlands and other waters of the U.S. and other structures to catch lead operating above its rated capacity and prior to construction. In addition, the particles; and stormwater systems to their associated FPCs are at or near Bureau will comply with the Terms and gather runoff and allow infiltration capacity, thereby compromising the Conditions implementing the within the range bermed area. mission of the Bureau. In response, the Reasonable and Prudent Measures (f) Perform regular maintenance of the Bureau has committed resources to specified in the USFWS BO for project above range features. identifying, evaluating, acquiring, and effects on the Indiana bat and the developing a site for an additional USP northern long-eared bat in accordance 11. Climate and associated FPC for mission support. with Section 7 of the Endangered (a) In consideration of Executive Development of the USP and FPC is Species Act (16 U.S.C. 1531–1544). Order 13693, Planning for Federal proposed as a means of reducing inmate The Bureau will develop and Sustainability in the Next Decade, and overcrowding at other federal implement a Monitoring and the Council on Environmental Quality’s correctional facilities in the Mid- Enforcement Program (MEP) to ensure Final NEPA Guidance on Consideration Atlantic Region. Each alternative plan that the proposed avoidance, of the Effects of Climate Change and was evaluated against operational, minimization, and mitigation measures

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15875

documented within this ROD are addressing, as appropriate, this notice may be sent by any of the implemented as part of the project. The disproportionately high and adverse methods listed below. MEP will identify the timing, human health and environmental effects • Federal E-Rulemaking Portal: responsibility, and method of of their programs, policies, and http://www.regulations.gov. Follow the implementation of the proposed activities on minority and low-income on-line instructions for submitting measures, as well as any required populations. As concluded in the 2016 comments for docket number MSHA– monitoring and enforcement activities. RFEIS, I have determined that the 2018–0004. As part of this program, each project proposed action will not result in either • Regular Mail: Send comments to contractor will be required to a disparate or significantly adverse USDOL–MSHA, Office of Standards, implement the mitigation measures impact to any low-income or minority Regulations, and Variances, 201 12th arising from its project activities. The population to which Executive Order Street South, Suite 4E401, Arlington, Bureau or its authorized agencies will 12898 is applicable. VA 22202–5452. inspect and monitor these measures to • Hand Delivery: USDOL-Mine Safety ensure compliance. The Bureau will VIII. Conclusion and Health Administration, 201 12th implement any mitigation measures After consulting with Bureau staff and Street South, Suite 4E401, Arlington, required for USP and FPC operation. being appraised of material in the Draft VA 22202–5452. Sign in at the The Bureau will maintain the MEP EIS, 2016 RFEIS, and 2017 Final receptionist’s desk on the 4th Floor via throughout project implementation and Supplemental RFEIS, it is my decision the East elevator. will include the MEP in the project that the Bureau select Modified FOR FURTHER INFORMATION CONTACT: administrative record. Any continuing Alternative 2—Roxana for the land Sheila McConnell, Director, Office of obligations will be maintained by the acquisition and development of a USP Standards, Regulations, and Variances, Bureau. and FPC in Letcher County. MSHA, at Development of the proposed USP [email protected] and FPC under Modified Alternative 2— Mark S. Inch, (email); (202) 693–9440 (voice); or (202) Roxana will result in beneficial impacts Director, Federal Bureau of Prisons. 693–9441 (facsimile). by reducing crowded conditions in [FR Doc. 2018–07311 Filed 4–11–18; 8:45 am] SUPPLEMENTARY INFORMATION: federal correctional facilities within the BILLING CODE P Mid-Atlantic Region, particularly in I. Background high-security male facilities, by Section 103(h) of the Federal Mine providing a much-needed new facility DEPARTMENT OF LABOR Safety and Health Act of 1977 (Mine to meet existing inmate housing needs. Act), 30 U.S.C. 813(h), authorizes Beneficial impacts to the local economy Mine Safety and Health Administration MSHA to collect information necessary of Letcher County will also be realized [OMB Control No. 1219–0073] to carry out its duty in protecting the due to the addition of a 300-person safety and health of miners. Further, workforce for the facility and the Proposed Extension of Information section 101 (a) of the Mine Act, 30 associated gains in expenditures and tax Collection; Mine Mapping and Records U.S.C. 811, authorizes the Secretary of revenues. of Opening, Closing, and Reopening of Labor (Secretary) to develop, The Bureau will rely upon public Mines promulgate, and revise as may be utility authorities for the provision of appropriate, improved mandatory water and sewage treatment services. AGENCY: Mine Safety and Health health or safety standards for the Positive economic benefits will accrue Administration, Labor. protection of life and prevention of to these utility authorities from the ACTION: Request for public comments. injuries in coal or other mines. provision of such services. Plans for the The information collection addressed SUMMARY: The Department of Labor, as expansion of utility capacities will be by this notice is intended to protect part of its continuing effort to reduce fully coordinated with all appropriate miners by assuring that up-to-date, agencies. paperwork and respondent burden, accurate mine maps contain the Prior to making my final decision, I conducts a pre-clearance consultation information needed to clarify the best carefully considered comments received program to provide the general public alternatives for action during an following the publication of the 2016 and Federal agencies with an emergency operation. Coal mine RFEIS, and comments received prior to opportunity to comment on proposed operators routinely use maps to create expiration of the 30-day review period collections of information in accordance safe and effective development plans. on the 2017 Final Supplemental RFEIS. with the Paperwork Reduction Act of Mine maps are schematic depictions The comments and responses thereto 1995. This program helps to ensure that of critical mine infrastructure, such as are hereby acknowledged and measures requested data can be provided in the water, power, transportation, to avoid, minimize, and mitigate desired format, reporting burden (time ventilation, and communication potential adverse impacts are and financial resources) is minimized, systems. Using accurate, up-to-date documented within Section IV.D of this collection instruments are clearly maps during a disaster, mine emergency ROD. understood, and the impact of collection personnel can locate refuges for miners In addition, I have carefully requirements on respondents can be and identify sites of explosion potential; considered potential environmental properly assessed. Currently, the Mine they can know where stationary justice impacts of the proposed action as Safety and Health Administration equipment was placed, where ground discussed in the 2016 RFEIS, together (MSHA) is soliciting comments on the was secured, and where they can best with comments concerning information collection for Mine begin a rescue operation. During a environmental justice submitted during Mapping and Records of Opening, disaster, maps can be crucial to the the EIS and Supplemental RFEIS Closing, and Reopening of Mines. safety of the emergency personnel who process. Pursuant to Executive Order DATES: All comments must be received must enter a mine to begin a search for 12898, Federal agencies are required to on or before June 11, 2018. survivors. make achieving environmental justice ADDRESSES: Comments concerning the Mine maps may describe the current part of their mission by identifying and information collection requirements of status of an operating mine or provide

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15876 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

crucial information about a long-closed up-to-date map of the mine and comments, including personal mine that is being reopened. specifies the information to be shown information provided, will be made Title 30 CFR 75.1200 requires each on the map, the acceptable range of map available on www.regulations.gov and underground coal mine operator to have scales, that the map be certified by a www.reginfo.gov. an accurate and up-to-date map of such registered engineer or surveyor, that the The public may also examine publicly mine drawn to scale and stored in a map be available for inspection by the available documents at USDOL-Mine fireproof repository in an area on the Secretary or his authorized Safety and Health Administration, 201 surface of the mine chosen by the mine representative. These maps are essential 12th South, Suite 4E401, Arlington, VA operator to minimize the danger of for the safe operation of the mine and 22202–5452. Sign in at the receptionist’s destruction by fire or other hazards. provide essential information to desk on the 4th Floor via the East Sections 75.1200–1, 75.1201, 75.1202, operators of adjacent surface and elevator. 75.1202–1, and 75.1203 specify the underground mines. Properly prepared Questions about the information information which must be shown on and effectively utilized surface mine collection requirements may be directed the map. The maps must be certified by maps can prevent outbursts of water to the person listed in the FOR FURTHER a registered engineer or surveyor; kept impounded in underground mine INFORMATION CONTACT section of this continuously up-to-date by temporary workings and/or inundations of notice. notations and revised and underground mines by surface supplemented to include the temporary impounded water or water and or gases III. Current Actions notations at intervals not more than 6 impounded in surface auger mining This request for collection of months; and made available for worked out areas. information contains provisions for inspection by a representative of the Title 30 CFR 75.373 and 75.1721 Mine Mapping and Records of Opening, Secretary, State coal mine inspectors, require that after a mine is abandoned Closing, and Reopening of Mines. miners and their representatives, or declared inactive and before it is MSHA has updated the data with operators of adjacent coal mines, and reopened, mine operations shall not respect to the number of respondents, persons owning, leasing, or residing on begin until MSHA has been notified and responses, burden hours, and burden surface areas of such mines or areas has completed an inspection. Section costs supporting this information adjacent to such mines. These maps are 75.1721 specifies that once the mine collection request. essential to the planning and safe operator notifies the MSHA District Type of Review: Extension, without operation of the mine. In addition, these Manager on the intent to reopen a mine change, of a currently approved maps provide a graphic presentation of all preliminary plans must be submitted collection. the locations of working sections and in writing prior to development of the Agency: Mine Safety and Health the locations of fixed surface and coalbed unless or until all preliminary Administration. underground mine facilities and plans are approved. OMB Number: 1219–0073. equipment, escapeway routes, coal Affected Public: Business or other for- haulage and man and materials haulage II. Desired Focus of Comments profit. entries and other information essential MSHA is soliciting comments Number of Respondents: 614. to mine rescue or mine fire fighting concerning the proposed information Frequency: On occasion. activities in the event of mine fire, collection related to Mine Mapping and Number of Responses: 267. explosion or inundations of gas or Records of Opening, Closing, and Annual Burden Hours: 5,650 hours. water. The information is essential to Reopening of Mines. MSHA is Annual Respondent or Recordkeeper the safe operation of adjacent mines and particularly interested in comments Cost: $7,620,554. mines approaching the worked out areas that: Comments submitted in response to of active or abandoned mines. Section • Evaluate whether the collection of this notice will be summarized and 75.372 requires underground mine information is necessary for the proper included in the request for Office of operators to submit three copies of an performance of the functions of the Management and Budget approval of the up-to-date mine map to the District agency, including whether the information collection request; they will Manager at intervals not exceeding 12 information has practical utility; also become a matter of public record. months during the operating life of the • Evaluate the accuracy of MSHA’s mine. estimate of the burden of the collection Sheila McConnell, Title 30 CFR 75.1204 and 75.1204–1 of information, including the validity of Certifying Officer. require that whenever an underground the methodology and assumptions used; [FR Doc. 2018–07547 Filed 4–11–18; 8:45 am] coal mine operator permanently closes • Suggest methods to enhance the BILLING CODE 4510–43–P or abandons a coal mine, or temporarily quality, utility, and clarity of the closes a coal mine for a period of more information to be collected; and than 90 days, the operator shall file with • Minimize the burden of the DEPARTMENT OF LABOR MSHA a copy of the mine map revised collection of information on those who and supplemented to the date of are to respond, including through the Mine Safety and Health Administration closure. Maps are retained in a use of appropriate automated, Petition for Modification of Application repository and are made available to electronic, mechanical, or other of Existing Mandatory Safety Standard mine operators of adjacent properties. technological collection techniques or The maps are necessary to provide an other forms of information technology, AGENCY: Mine Safety and Health accurate record of underground areas e.g., permitting electronic submission of Administration, Labor. that have been mined to help prevent responses. ACTION: Notice. active mine operators from mining into The information collection request abandoned areas that may contain water will be available on http:// SUMMARY: This notice is a summary of or harmful gases. www.regulations.gov. MSHA cautions a petition for modification submitted to Title 30 CFR 77.1200, 77.1201 and the commenter against providing any the Mine Safety and Health 77.1202 require surface coal mine information in the submission that Administration (MSHA) by the parties operators to maintain an accurate and should not be publicly disclosed. Full listed below.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15877

DATES: All comments on the petition II. Petition for Modification will be staged outby the nonpermissible must be received by MSHA’s Office of Docket Number: M–2018–003–M. equipment staging boundary (NPESB). Standards, Regulations, and Variances Petitioner: Ciner Wyoming LLC, P.O. (v) The continuous miner is equipped on or before May 14, 2018. Box 513, 254 County Road 4–6, Green with a methane monitor as defined in 30 ADDRESSES: You may submit your River, Wyoming 82935. CFR 57.22308. (vi) Pursuant to 30 CFR 57.22308, all comments, identified by ‘‘docket Mine: Big Island Mine, MSHA I.D. No. methane monitors will (1) give warning number’’ on the subject line, by any of 48–00154, located in Sweetwater at 1.0 percent methane; (2) the following methods: County, Wyoming. automatically de-energize electrical 1. Email: zzMSHA-comments@ Regulation Affected: 30 CFR 57.22305 (Approved equipment (III mines)). equipment, except power to monitoring dol.gov. Include the docket number of equipment determined by MSHA to be the petition in the subject line of the Modification Request: The petitioner requests a modification of the existing intrinsically safe under 30 CFR part 18 message. and prevent starting such equipment 2. Facsimile: 202–693–9441. standard to establish an alternative method. The petitioner alleges that when methane levels reach 1.5 percent; 3. Regular Mail or Hand Delivery: application of the standards as currently and (3) automatically de-energize MSHA, Office of Standards, enforced will result in a diminution of electrical equipment when power to a Regulations, and Variances, 201 12th safety to miners. sensor is interrupted. Street South, Suite 4E401, Arlington, The petitioner states that: (vii) If the presence of methane is Virginia 22202–5452, Attention: Sheila (1) Mining operations at the Big Island detected at or above 1.0 percent, McConnell, Director, Office of Mine do not involve pillar recovery immediate action will be taken to shut Standards, Regulations, and Variances. workings, longwall faces, or short-wall down equipment in the affected area, Persons delivering documents are faces. Thus, at the Big Island Mine, 30 and ventilation changes will be made to required to check in at the receptionist’s CFR 57.22305 prohibits the use of reduce the methane, pursuant to 30 CFR desk in Suite 4E401. Individuals may nonpermissible equipment ‘‘in or 57.22234. inspect copies of the petition and beyond the last open crosscut.’’ The (viii) Nonpermissible equipment may comments during normal business term ‘‘last open crosscut’’ is not defined be operated inby the NPESB to service hours at the address listed above. by statue or regulation. the continuous miner (including loading MSHA will consider only comments (2) The petitioner has formulated a bolts) only when the continuous miner postmarked by the U.S. Postal Service or methodology, set forth in this petition is not cutting ore. A competent person, proof of delivery from another delivery that provides operational certainty as defined in 30 CFR 57.22002, will service such as UPS or Federal Express regarding the location of the last open monitor for methane immediately before on or before the deadline for comments. crosscut and corresponding and during use of nonpermissible FOR FURTHER INFORMATION CONTACT: permissibility boundary for the equipment to service the continuous Barbara Barron, Office of Standards, petitioner’s mining operation unique to miner. The competent person will Regulations, and Variances at 202–693– the Big Island Mine, and minimizes the utilize an approved testing device 9447 (Voice), [email protected] employees’ exposure to red-zone pursuant to 30 CFR 57.22227(a). (email), or 202–693–9441 (Facsimile). hazards. Methane monitoring devices used for [These are not toll-free numbers.] (3) Though the petitioner contends measuring methane, other gases, and contaminants in mine air will be SUPPLEMENTARY INFORMATION: that its current mining methodology is Section approved by MSHA under applicable 101(c) of the Federal Mine Safety and compliant with all aspects of 30 CFR 57.22305, the petitioner proposes this requirements of 30 CFR parts 18, 21, 22, Health Act of 1977 and Title 30 of the 23, 27, and 29. Such devices will be Code of Federal Regulations Part 44 alternative methodology to provide operational certainty for the location of maintained in accordance with the govern the application, processing, and manufacturers’ instructions, or an disposition of petitions for modification. the permissibility boundary, and in return, to ensure that the requirements equivalent maintenance and calibration I. Background of 30 CFR 57.22305 are satisfied. procedure. (ix) When operating nonpermissible Section 101(c) of the Federal Mine In addition, the alternative methodology eliminates unnecessary equipment inby the NPESB, such Safety and Health Act of 1977 (Mine equipment will not travel inby the Act) allows the mine operator or movement of the continuous miner, which in turn reduces mine personnel permissibility boundary (PB). representative of miners to file a (x) Competent personnel engaged in petition to modify the application of any exposure to red-zone hazards (4) The petitioner proposes the the use of nonpermissible equipment mandatory safety standard to a coal or following alternative method: will be properly trained to recognize the other mine if the Secretary of Labor (i) The Big Island Mine is a Category hazards and limitations associated with (Secretary) determines that: III mine as defined in 30 CFR the use of nonpermissible equipment. 1. An alternative method of achieving 57.22003(a)(3). (xi) As the continuous miner the result of such standard exists which (ii) Methane is not capable of forming advances a room in a development will at all times guarantee no less than explosive mixtures at levels below 5 sequence, the petitioner will install the same measure of protection afforded percent in an environment with normal foam curtains on the crosscut outby the the miners of such mine by such atmospheric levels of approximately 20 last open crosscut, defined herein as the standard; or percent oxygen as defined in 30 CFR last open crosscut perpendicular to the 2. That the application of such 57.22003(a)(3). direction of the room being mined and standard to such mine will result in a (iii) The quantity of air coursed at the boundary of intake and return air diminution of safety to the miners in through continuous miner sections systems. Guidance for the application of such mine. meets or exceeds the 9,000 cubic feet foam to installed curtains will be In addition, the regulations at 30 CFR per minute requirement as defined in 30 provided. 44.10 and 44.11 establish the CFR 57.22213. (5) The requested modification in this requirements and procedures for filing (iv) When the continuous miner is petition would eliminate undue risk of petitions for modification. cutting ore, nonpermissible equipment injury caused by retreating the

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15878 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

continuous miner for purposes of (6) The trailing cables for 600-volt DC cables will be calibrated to trip at 900 conducting maintenance, including the shuttle cars will not be smaller than 2⁄0 amperes and this setting will be sealed. elimination of pinch points, red zones, AWG. (15) All components that provide manual lifting, and the carrying and (7) All circuit breakers used to protect short circuit protection will have hauling of bits, roof support materials No. 2 AWG 995-volt trailing cables sufficient interruption rating in and repair components. Nonpermissible exceeding 700 feet in length will have accordance with the maximum equipment will be able to service the instantaneous trip units calibrated to calculated fault currents available. continuous miner near its cutting trip at 800 amperes. The trip setting of (16) During each production day, location, greatly reducing the risks the circuit breakers will be sealed to persons designated by the operator will associated with these tasks, with a ensure that the setting on these breakers visually examine the trailing cables to concomitant risk from methane ignition. cannot be changed, and these breakers ensure that the cables are in safe The petitioner asserts that application will have permanent legible labels. Each operation condition and that the of the existing standard would result in label will identify these circuit breakers instantaneous settings of the specially a diminution of safety to the miners and as being suitable for protecting the No. calibrated breakers do not have seals or that the proposed alternative method 2 AWG cables. locks removed and that they do not will guarantee that no less than the (8) Replacement circuit breakers and/ exceed the stipulated settings. same measure of protection is afforded or instantaneous trip units used to (17) Any trailing cable that is not in the miners at the Big Island Mine. protect the No. 2 AWG 995-volt trailing safe operating condition will be Docket Number: M–2018–005–C. cables will be calibrated to trip at 800 removed from service immediately and Petitioner: Hamilton County Coal, amperes and this setting will be sealed. repaired or replaced. LLC, 18033 County Road 500E, (9) All circuit breakers used to protect (18) Each splice or repair in the Dahlgren, Illinois 62828–4294. No. 2 AWG 480-volt trailing cables trailing cable will be made in a Mine: Hamilton Mine No. 1, MSHA exceeding 700 feet in length will have workmanlike manner and in accordance I.D. No. 11–03203, located in Hamilton instantaneous trip units calibrated to with the instructions of the County, Illinois. trip at 450 amperes. The trip setting of manufacturer of the splice or repair Regulation Affected: 30 CFR 75.503 these circuit breakers will be sealed to materials. The splice or repair will (Permissible electric face equipment; ensure that the settings on these comply with 30 CFR 75.603 and 75.604 maintenance) and 30 CFR 18.35 breakers cannot be changed, and these requirements. The outer jacket of each (Portable (trailing) cables and cords). breakers will have permanent, legible splice or repair will be vulcanized with Modification Request: The petitioner labels. Each label will identify the flame-resistant material or made with requests a modification of the existing circuit breaker as being suitable for material that has been accepted by standard to permit the maximum length protecting the No. 2 AWG cables. MSHA as flame-resistant. of trailing cables to be increased to (10) Replacement circuit breakers (19) Permanent warning labels will be 1,200 feet for supplying power to and/or instantaneous trip units, used to installed and maintained on the cover(s) continuous mining machines, roof protect the No. 2 AWG 480-volt trailing of the power center identifying the bolting machines, section ventilation cables will be calibrated to trip at 450 location of each sealed or locked short- fans, and shuttle cars. amperes, and this setting will be sealed. circuit protective device. These labels The petitioner states that: (11) All circuit breakers used to will warn miners not change or alter (1) Petitioner is developing longwall protect 3⁄0 AWG 995-volt trailing cables these short-circuit settings and any sign panels as part of a continuing mining exceeding 900 feet in length will have of tempering with the specially cycle. The development panels consist instantaneous trip units to trip at 1,830 calibrated breaker or trip unit will of a multiple entry system with crosscut amperes. The trip setting of these circuit require the replacement of the circuit centers not to exceed a maximum of 250 breakers will be sealed to ensure that breaker with another calibrated, sealed feet to improve roof and abutment the settings on these breakers cannot be and/or locked trip unit. pressure control during longwall changed, and these breakers will have (20) In the event the mining method mining. Ventilation is also improved by permanent legible labels. Each label will or operating procedures cause or limiting the number of stoppings, which identify the circuit breaker as being contribute to the damage of any trailing have a built-in ventilation pressure loss suitable for protecting the 3⁄0 AWG cable, the cable will be removed from factor. cable. service immediately and repaired or (2) The trailing cables will apply to 3⁄0 (12) Replacement circuit breakers replaced. Also, additional precautions American Wire Gauge (AWG) three and/or instantaneous trip units used to will be taken to ensure that haulage phase 995-volt Alternating Current (AC) protect the 3⁄0 AWG 995-volt trailing roads and trailing cable storage areas are continuous mining machine, No. 2 cables will be calibrated to trip at 1,830 situated to minimize contact of the AWG three phase 995-volt AC roof amperes, and this setting will be sealed. trailing cable with continuous miners, bolting machines, No. 2 AWG three (13) All circuit breakers used to loading machines, shuttle cars, roof phase 480-volt AC roof bolting protect 2⁄0 AWG 600-volt DC trailing bolters, and section ventilation fans. machines, No. 2 AWG three phase 995- cables exceeding 850 feet in length will Moreover, trailing cable anchors on volt AC section ventilation fans, and 2⁄0 have instantaneous trip units to trip at cable reel equipment will be of a AWG 600-volt Direct Current (DC) 900 amperes. The trip setting of these permanent type that minimizes the shuttle cars. circuit breakers will be sealed to ensure tensile forces on the trailing cables. (3) The trailing cables for 995-volt AC that the settings on these breakers (21) Where the method of mining continuous mining machines will not be cannot be changed, and these breakers would require that trailing cables cross smaller than 3⁄0 AWG. will have permanent legible labels. Each roadways or haulage ways, the cable (4) The trailing cables for the 995-volt label shall identify the circuit breaker as will be securely supported from the AC roof bolting machines will not be being suitable for protecting the 2⁄0 AWG mine roof or a substantial bridge for smaller than No. 2 AWG. cable. equipment to pass over the cables will (5) The trailing cables for 995-volt AC (14) Replacement circuit breakers be provided and used. section ventilation fans will not be and/or instantaneous trip units used to (22) Excessive cable will be stored smaller than No. 2 AWG. protect the 2⁄0 AWG 600-volt trailing behind the anchor(s) on equipment that

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15879

use cable reels to prevent cables from NUCLEAR REGULATORY distribution, please contact the Nuclear overheating. COMMISSION Regulatory Commission, Office of the Secretary, Washington, DC 20555 (301– (23) The petitioner’s alternative [NRC–2018–0001] method will not be implemented until 415–1969), or email Wendy.Moore@ all miners who have been designated to Sunshine Act Meetings nrc.gov or [email protected]. examine the integrity of seals or locks Dated: April 9, 2018. and to verify the short-circuit settings DATE: Week of April 9, 2018. Denise L. McGovern, and proper procedure for examining PLACE: Commissioners’ Conference Policy Coordinator, Office of the Secretary. trailing cables for defects and damage Room, 11555 Rockville Pike, Rockville, [FR Doc. 2018–07685 Filed 4–10–18; 11:15 am] have received the training specified Maryland. BILLING CODE 7590–01–P above. STATUS: Public. (24) The equipment listed in this petition will comply with all other Week of April 9 OFFICE OF PERSONNEL applicable requirements of the Federal Thursday, April 12, 2018 Mine Safety and Health Act of 1977 and MANAGEMENT the applicable requirements of 30 CFR 8:55 a.m. Affirmation Session (Public Submission for Review: RI 38–115, part 75. Meeting) (Tentative) Representative Payee Survey (25) Within 60 days after this petition Entergy Nuclear Vermont Yankee, is final, the petitioner will submit LCC, and Entergy Nuclear AGENCY: Office of Personnel proposed revisions for its approved 30 Operations, Inc; Vermont Yankee Management. Nuclear Power Station) (Tentative) CFR part 48 training plan to the District ACTION: 30-day notice and request for Manager. The proposed revisions will This meeting will be webcast live at comments. specify task training for miners the Web address—http://www.nrc.gov/. designated to examine the trailing * * * * * SUMMARY: Retirement Services, Office of cables for safe operation condition and Personnel Management (OPM) offers the Additional Information verify that the short circuit settings of general public and other federal the circuit interrupting device(s) that By a vote of 3–0 on April 9, 2018, the agencies the opportunity to comment on protect the affected trailing cables do Commission determined pursuant to a revised information collection (ICR), not exceed the settings specified above. U.S.C. 552b(e) and § 9.107(a) of the Representative Payee Survey, RI 38–115. The training will include the following: Commission’s rules that the above DATES: Comments are encouraged and a. Mining methods and operating referenced Affirmation Session be held will be accepted until May 14, 2018. procedures that will protect the trailing with less than one week notice to the ADDRESSES: Interested persons are cables against damage. public. The meeting is scheduled on invited to submit written comments on b. The proper procedure for April 12, 2018. the proposed information collection to examining the trailing cable to ensure * * * * * the Office of Information and Regulatory that the cables are in safe operating The schedule for Commission Affairs, Office of Management and condition by a visual inspection of the meetings is subject to change on short Budget, 725 17th Street NW, entire cable, observing the insulation, notice. For more information or to verify Washington, DC 20503, Attention: Desk the integrity of the splices, and nicks the status of meetings, contact Denise Officer for the Office of Personnel and abrasions. McGovern at 301–415–0981 or via email Management or sent via electronic mail c. The hazards of setting the at [email protected]. to [email protected] or instantaneous circuit breakers too high * * * * * faxed to (202) 395–6974. to adequately protect the trailing cables. The NRC Commission Meeting FOR FURTHER INFORMATION CONTACT: A d. How to verify that the circuit Schedule can be found on the internet copy of this information collection, with interrupting device(s) protecting the at: http://www.nrc.gov/public-involve/ applicable supporting documentation, trailing cables are properly set and public-meetings/schedule.html. may be obtained by contacting the maintained. * * * * * Retirement Services Publications Team, e. How to protect the trailing cables The NRC provides reasonable Office of Personnel Management, 1900 E against damage caused by overheating accommodation to individuals with Street NW, Room 3316–L, Washington, due to excessive cable stored on the disabilities where appropriate. If you DC 20415, Attention: Cyrus S. Benson, cable reel(s) and adjusting stored cable need a reasonable accommodation to or sent via electronic mail to behind the cable anchor(s) as tramming participate in these public meetings, or [email protected] or faxed to distances change. The procedures as need this meeting notice or the (202) 606–0910 or via telephone at (202) specified in 30 CFR 48.3 for approval of transcript or other information from the 606–4808. proposed revisions to already approved public meetings in another format (e.g., SUPPLEMENTARY INFORMATION: As training plans will apply. braille, large print), please notify required by the Paperwork Reduction Kimberly Meyer, NRC Disability The petitioner asserts that the Act of 1995, OPM is soliciting Program Manager, at 301–287–0739, by proposed alternative method will at all comments for this collection. The videophone at 240–428–3217, or by times guarantee no less than the same information collection (OMB No. 3206– email at Kimberly.Meyer-Chambers@ measure of protection afforded by the 0208) was previously published in the nrc.gov. Determinations on requests for existing standard. Federal Register on June 9, 2017, at 82 reasonable accommodation will be FR 26817, allowing for a 60-day public Sheila McConnell, made on a case-by-case basis. comment period. No comments were Director, Office of Standards, Regulations, * * * * * received for this information collection. and Variances. Members of the public may request to The purpose of this notice is to allow an [FR Doc. 2018–07546 Filed 4–11–18; 8:45 am] receive this information electronically. additional 30 days for public comments. BILLING CODE 4520–43–P If you would like to be added to the The Office of Management and Budget

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15880 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

is particularly interested in comments ADDRESSES: Submit comments deadline(s) for each request appear in that: electronically via the Commission’s section II. 1. Evaluate whether the proposed Filing Online system at http:// II. Docketed Proceeding(s) collection of information is necessary www.prc.gov. Those who cannot submit for the proper performance of the comments electronically should contact 1. Docket No(s).: MC2018–142 and functions of the agency, including the person identified in the FOR FURTHER CP2018–203; Filing Title: USPS Request whether the information will have INFORMATION CONTACT section by to Add Priority Mail Contract 430 to practical utility; telephone for advice on filing Competitive Product List and Notice of 2. Evaluate the accuracy of the alternatives. Filing Materials Under Seal; Filing agency’s estimate of the burden of the Acceptance Date: April 6, 2018; Filing FOR FURTHER INFORMATION CONTACT: proposed collection of information, Authority: 39 U.S.C. 3642 and 39 CFR David A. Trissell, General Counsel, at 3020.30 et seq.; Public Representative: including the validity of the 202–789–6820. methodology and assumptions used; Curtis E. Kidd; Comments Due: April 3. Enhance the quality, utility, and SUPPLEMENTARY INFORMATION: 17, 2018. clarity of the information to be Table of Contents This Notice will be published in the collected; and Federal Register. 4. Minimize the burden of the I. Introduction II. Docketed Proceeding(s) Stacy L. Ruble, collection of information on those who Secretary. are to respond, including through the I. Introduction use of appropriate automated, [FR Doc. 2018–07620 Filed 4–11–18; 8:45 am] The Commission gives notice that the BILLING CODE 7710–FW–P electronic, mechanical, or other Postal Service filed request(s) for the technological collection techniques or Commission to consider matters related other forms of information technology, to negotiated service agreement(s). The e.g., permitting electronic submissions SECURITIES AND EXCHANGE request(s) may propose the addition or COMMISSION of responses. removal of a negotiated service RI 38–115 is used to collect agreement from the market dominant or [Release No. 34–83010; File No. SR– information about how the benefits paid the competitive product list, or the NASDAQ–2017–087] to a representative payee have been modification of an existing product Self-Regulatory Organizations; The used or conserved for the benefit of the currently appearing on the market NASDAQ Stock Market LLC; Notice of incompetent annuitant. dominant or the competitive product Designation of a Longer Period for list. Analysis: Commission Action on a Proposed Section II identifies the docket Agency: Retirement Operations, Rule Change To Modify the Listing number(s) associated with each Postal Retirement Services, Office of Personnel Requirements Related to Special Service request, the title of each Postal Management. Purpose Acquisition Companies To Service request, the request’s acceptance Title: Representative Payee Survey. Reduce Round Lot Holders on Nasdaq date, and the authority cited by the OMB Number: 3206–0208. Capital Market for Initial Listing From Postal Service for each request. For each Frequency: Annually. 300 to 150 and Eliminate Public request, the Commission appoints an Affected Public: Individual or Holders for Continued Listing From officer of the Commission to represent Households. 300 to Zero, Require $5 Million in Net the interests of the general public in the Number of Respondents: 11,000. Tangible Assets for Initial and proceeding, pursuant to 39 U.S.C. 505 Estimated Time per Respondent: 20 Continued Listing on Nasdaq Capital (Public Representative). Section II also minutes. Market, and Impose a Deadline To establishes comment deadline(s) Total Burden Hours: 3,667. Demonstrate Compliance With Initial pertaining to each request. Listing Requirements on All Nasdaq U.S. Office of Personnel Management. The public portions of the Postal Markets Within 30 Days Following Jeff T.H. Pon, Service’s request(s) can be accessed via Each Business Combination Director. the Commission’s website (http:// [FR Doc. 2018–07607 Filed 4–11–18; 8:45 am] www.prc.gov). Non-public portions of April 6, 2018. BILLING CODE 6325–38–P the Postal Service’s request(s), if any, On September 20, 2017, The can be accessed through compliance NASDAQ Stock Market LLC (‘‘Nasdaq’’ with the requirements of 39 CFR or ‘‘Exchange’’) filed with the Securities POSTAL REGULATORY COMMISSION 3007.40. and Exchange Commission The Commission invites comments on [Docket Nos. MC2018–142 and CP2018–203] (‘‘Commission’’), pursuant to Section whether the Postal Service’s request(s) 19(b)(1) of the Securities Exchange Act New Postal Product in the captioned docket(s) are consistent of 1934 (‘‘Act’’) 1 and Rule 19b–4 with the policies of title 39. For thereunder,2 a proposed rule change to AGENCY: Postal Regulatory Commission. request(s) that the Postal Service states modify the listing requirements related ACTION: Notice. concern market dominant product(s), to Special Purpose Acquisition applicable statutory and regulatory Companies (‘‘SPAC’’) to reduce round SUMMARY: The Commission is noticing a requirements include 39 U.S.C. 3622, 39 lot holders on Nasdaq Capital Market for recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3010, and 39 initial listing from 300 to 150 and Commission’s consideration concerning CFR part 3020, subpart B. For request(s) eliminate the public holders required negotiated service agreements. This that the Postal Service states concern for continued listing from 300 to zero, notice informs the public of the filing, competitive product(s), applicable require $5 million net tangible assets for invites public comment, and takes other statutory and regulatory requirements initial and continued listing on Nasdaq administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633, DATES: Comments are due: April 17, 39 U.S.C. 3642, 39 CFR part 3015, and 1 15 U.S.C. 78s(b)(1). 2018. 39 CFR part 3020, subpart B. Comment 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15881

Capital Market, and impose a deadline days from that date, and June 8, 2018 is principal office of the Exchange, and at to demonstrate compliance with initial 240 days from that date. the Commission’s Public Reference listing requirements on all Nasdaq The Commission finds it appropriate Room. Markets to within 30 days following to designate a longer period within II. Self-Regulatory Organization’s which to issue an order approving or each business combination. The Statement of the Purpose of, and disapproving the proposed rule change proposed rule change was published for Statutory Basis for, the Proposed Rule so that it has sufficient time to consider comment in the Federal Register on Change October 11, 2017.3 In response, the the proposed rule change and the Commission received six comments on comment letters. Accordingly, the In its filing with the Commission, the the proposal.4 On November 22, 2017, Commission, pursuant to Section Exchange included statements the Commission extended the time 19(b)(2) of the Act,9 designates June 8, concerning the purpose of and basis for period within which to approve the 2018, as the date by which the the proposed rule change and discussed proposed rule change, disapprove the Commission shall either approve or any comments it received on the proposed rule change, or institute disapprove the proposed rule change proposed rule change. The text of these proceedings to determine whether to (File No. SR–NASDAQ–2017–087). statements may be examined at the places specified in Item IV below. The approve or disapprove the proposed For the Commission, by the Division of rule change to January 9, 2018.5 The Trading and Markets, pursuant to delegated Exchange has prepared summaries, set Commission issued an order instituting authority.10 forth in sections A, B, and C below, of proceedings under Section 19(b)(2)(B) of Eduardo A. Aleman, the most significant aspects of such statements. the Act to determine whether to approve Assistant Secretary. or disapprove the proposed rule change [FR Doc. 2018–07528 Filed 4–11–18; 8:45 am] A. Self-Regulatory Organization’s 6 on January 9, 2018 (‘‘OIP’’). The BILLING CODE 8011–01–P Statement of the Purpose of, and the Commission received three additional Statutory Basis for, the Proposed Rule comments in response to the OIP, Change including a comment letter from SECURITIES AND EXCHANGE 1. Purpose Nasdaq.7 COMMISSION Section 19(b)(2) of the Act 8 provides The purpose of this rule filing is to [Release No. 34–83006; File No. SR–ISE– establish that transactions in expiring that, after initiating disapproval 2018–30] proceedings, the Commission shall issue p.m.-settled broad-based index options, an order approving or disapproving the Self-Regulatory Organizations; Nasdaq including Weekly Expirations and End proposed rule change not later than 180 ISE, LLC; Notice of Filing and of Month (‘‘EOM’’) options, may be days after the date of publication of Immediate Effectiveness of Proposed effected on the Exchange only until 4:00 notice of filing of the proposed rule Rule Change To Amend ISE Rules 700, p.m. (Eastern Time) on the last trading 3 change. The Commission may, however, 2008, and 2009 day. The terms of p.m.-settled broad- extend the period for issuing an order based index options specify that their approving or disapproving the proposed April 6, 2018. exercise settlement value is based on the rule change by not more than 60 days Pursuant to Section 19(b)(1) of the index value derived from the closing if the Commission determines that a Securities Exchange Act of 1934 prices of component stocks. longer period is appropriate and (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Currently, ISE Rule 700(c) provides publishes the reasons for such notice is hereby given that on March 29, that broad-based index options may determination. The proposed rule 2018, Nasdaq ISE, LLC (‘‘ISE’’ or trade until 4:15 p.m. each business day. change was published for notice and ‘‘Exchange’’) filed with the Securities The Exchange now proposes to add comment in the Federal Register on and Exchange Commission (‘‘SEC’’ or language to Rule 700(c) to establish that October 11, 2017. April 9, 2018 is 180 ‘‘Commission’’) the proposed rule on the last trading day transactions in change as described in Items I and II, expiring p.m.-settled broad-based index options may be effected on the 3 See Securities Exchange Act Release No. 81816 below, which Items have been prepared (October 4, 2017), 82 FR 47269 (October 11, 2017) by the Exchange. The Commission is Exchange between the hours of 9:30 (‘‘Notice’’). publishing this notice to solicit a.m. (Eastern Time) and 4:00 p.m. 4 See Letters to Brent J. Fields, Secretary, comments on the proposed rule change (Eastern Time). The same new language Commission, from Jeffrey M. Solomon, Chief from interested persons. is proposed to be added to Rules 2008, Executive Officer, Cowen and Company, LLC, dated Trading Sessions, and 2009, Terms of October 19, 2017; Jeffrey P. Mahoney, General I. Self-Regulatory Organization’s Counsel, Council of Institutional Investors, dated Index Option Contracts, at October 25, 2017; Sean Davy, Managing Director, Statement of the Terms of Substance of Supplementary Material .07(d), Weekly Capital Markets Division, SIFMA, dated October 31, the Proposed Rule Change Expirations and EOM Trading Hours. 2017; Akin Gump Strauss Hauer & Feld LLP, dated November 1, 2017; Steven Levine, Chief Executive The Exchange proposes to amend ISE The proposed new language is Officer, EarlyBirdCapital, Inc., dated November 3, Rules 700, Days and Hours of Business, substantively identical to language in 2017; and Christian O. Nagler and David A. Curtiss, at Section (c); 2008, Days and Hours of Rule 24.9(e), Weekly Expirations and Kirkland & Ellis LLP, dated November 9, 2017. Business; and 2009, Terms of Index 5 See Securities Exchange Act Release No. 82142 Option Contracts, Supplementary 3 The listing and trading of p.m.-settled options (November 22, 2017), 82 FR 56293 (November 28, Material .07, Nonstandard Expirations on broad-based indexes with nonstandard 2017). expiration dates, including Weekly Expirations and 6 See Securities Exchange Act Release No. 82478 Pilot Program. EOM options, has been approved by the (January 9, 2018), 83 FR 2278 (January 16, 2018). The text of the proposed rule change Commission on a pilot basis for an initial period of 7 See Letters to Brent J. Fields, Secretary, is available on the Exchange’s website at twelve months expiring on February 1, 2019 (the Commission, from Jeffrey P. Mahoney, General http://ise.cchwallstreet.com/, at the ‘‘Nonstandard Expirations Pilot Program’’ or ‘‘Pilot Counsel, Council of Institutional Investors, dated Program’’). See Supplementary Material .07 of Rule January 25, 2018; Paul D. Tropp, Freshfields 2009 and Securities Exchange Act Release No. 9 Bruckhaus Deringer US LLP, dated January 30, Id. 82612 (February 1, 2018), 83 FR 5470 (February 7, 2018; and Arnold Golub, Deputy General Counsel, 10 17 CFR 200.30–3(a)(31). 2018) (SR–ISE–2017–111). To date, no Weekly Nasdaq, dated February 23, 2018. 1 15 U.S.C. 78s(b)(1). Expirations or EOM options have been listed on the 8 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4. Exchange.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15882 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

EOM Trading Hours on the Last Trading (Eastern Time). The exception would expiring p.m.-settled broad-based index Day, of the Cboe Exchange, Inc. (CBOE). also be added to Rule 2008(a) which options. The 4:00 p.m. close of trading would currently provides, in relevant part, that C. Self-Regulatory Organization’s apply only on the last trading day of the except as otherwise provided in Rule Statement on Comments on the expiring p.m.-settled options. 2008 or under unusual conditions as Proposed Rule Change Received From As CBOE explained in the proposed may be determined by the President or Members, Participants, or Others rule change adopting current CBOE Rule his designee, transactions in index 24.9(e), Weekly Expirations and EOM options may be effected on the No written comments were either options which are p.m.-settled are Exchange between the hours of 9:30 solicited or received. priced in the market based on a.m. (Eastern Time) and 4:15 p.m. III. Date of Effectiveness of the corresponding futures values. On the (Eastern Time). Finally, the same change Proposed Rule Change and Timing for last day of trading, the closing prices of would be made to Supplementary Commission Action the component stocks (which are used Material .07(d) of Rule 2009, which to derive the exercise settlement value) currently provides that transactions in Because the proposed rule change are known at 4:00 p.m. (Eastern Time) Weekly Expirations and EOMs may be does not (i) significantly affect the (or soon after) when the equity markets effected on the Exchange between the protection of investors or the public close. Despite the fact that the exercise hours of 9:30 a.m. (Eastern Time) and interest; (ii) impose any significant settlement value is fixed at or soon after 4:15 p.m. (Eastern Time). burden on competition; and (iii) become 4:00 p.m. (Eastern Time), if trading in operative for 30 days from the date on expiring Weekly Expirations and EOMs 2. Statutory Basis which it was filed, or such shorter time were to continue for an additional The Exchange believes that its as the Commission may designate if fifteen minutes until 4:15 p.m. (Eastern proposal is consistent with Section 6(b) consistent with the protection of Time) they would not be priced on of the Act,5 in general, and furthers the investors and the public interest, the corresponding futures values, but rather objectives of Section 6(b)(5) of the Act,6 proposed rule change has become the known cash value. At the same time, in particular, in that it is designed to effective pursuant to Section 19(b)(3)(A) the prices of non-expiring Weekly promote just and equitable principles of of the Act 7 and Rule 19b–4(f)(6) Expiration and EOM series would trade, to remove impediments to and thereunder.8 continue to move and be priced in perfect the mechanism of a free and A proposed rule change filed under response to changes in corresponding open market and a national market Rule 19b–4(f)(6) 9 normally does not futures prices. Because of the potential system, and, in general to protect become operative for 30 days after the pricing divergence that could occur investors and the public interest, by date of filing. However, pursuant to between 4:00 and 4:15 p.m. on the final conforming the trading hours on the last Rule 19b–4(f)(6)(iii),10 the Commission trading day in expiring Weekly trading day of Weekly Expiration and may designate a shorter time if such Expirations and EOMs (e.g., switch from EOM options to the trading hours on action is consistent with the protection pricing off of futures to cash), the CBOE. The existence of dissimilar of investors and the public interest. The Exchange believes that, in order to closing times applicable to different Exchange has asked the Commission to mitigate potential investor confusion, it options exchanges would likely lead to waive the 30-day operative delay so that is appropriate to cease trading in confusion for options investors and the proposal may become operative expiring Weekly Expirations and EOMs immediately upon filing. The at 4:00 p.m. on the last day of trading.4 broker-dealers. Additionally, preventing Commission believes that waiving the Because the potential pricing continued trading on a p.m.-settled 30-day operative delay is consistent divergence issue applies to all ISE-listed broad-based index option after the p.m.-settled options, including but not exercise settlement value has been fixed with the protection of investors and the limited to the Weekly Expiration and eliminates potential confusion and public interest as it will allow the EOM series listed on ISE, the Exchange thereby protects investors and the Exchange to immediately conform the proposes to add the exception providing public interest. The Exchange notes that trading hours on the final trading day in for a 4:00 close of trading on the last p.m.-settled options on the S&P 500 expiring p.m.-settled broad-based index trading day before expiration to ISE’s index and on p.m.-settled XSP [sic] options to those of another exchange, Rule 700(c) which sets forth the trading options cease trading at 4:00 p.m. eliminate a potential source of hours for all broad-based index options, Eastern Time on the last day of trading confusion on the part of the investing and Rule 2008, Trading Sessions, in pursuant to CBOE Rule 24.6, Days and public, as well as avoid potential addition to Rule 2009, Supplementary Hours of Business, Interpretations and pricing divergence difficulties that Material .07(d). Policies .04. could occur between 4:00 and 4:15 p.m. Thus, as revised, Rule 700(c) would (Eastern Time). The Exchange’s B. Self-Regulatory Organization’s proposal does not raise new issues. provide that options on a broad-based Statement on Burden on Competition index, as defined in ISE Rule 2001, may Accordingly, the Commission hereby be traded on the Exchange until 4:15 The Exchange does not believe that waives the 30-day operative delay p.m. each business day, except that that the proposed rule change will impose requirement and designates the on the last trading day, transactions in any burden on competition not expiring p.m.-settled broad-based index necessary or appropriate in furtherance 7 15 U.S.C. 78s(b)(3)(A). options may be effected on the of the purposes of the Act. Specifically, 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires the Exchange to give the Exchange between the hours of 9:30 the Exchange does not believe the Commission written notice of the Exchange’s intent a.m. (Eastern Time) and 4:00 p.m. proposal will impose any burden on to file the proposed rule change, along with a brief intramarket competition as all market description and text of the proposed rule change, 4 See Securities Exchange Act Release No. 64243 participants will be treated in the same at least five business days prior to the date of filing (April 7, 2011), 76 FR 20771 (April 13, 2011) (SR– manner with respect to trading hours of of the proposed rule change, or such shorter time CBOE–2011–038) (Notice of Filing and Immediate as designated by the Commission. The Exchange Effectiveness of Proposed Rule Change Regarding has satisfied this requirement. Close of Trading Hours for Expiring End of Week 5 15 U.S.C. 78f(b). 9 17 CFR 240.19b–4(f)(6). and End of Month Expirations). 6 15 U.S.C. 78f(b)(5). 10 17 CFR 240.19b–4(f)(6)(iii).

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15883

proposed rule change as operative upon 10:00 a.m. and 3:00 p.m. Copies of the has received no comments on the filing.11 filing also will be available for proposed rule change. This order At any time within 60 days of the inspection and copying at the principal institutes proceedings under Section filing of the proposed rule change, the office of the Exchange. All comments 19(b)(2)(B) of the Act 6 to determine Commission summarily may received will be posted without change. whether to approve or disapprove the temporarily suspend such rule change if Persons submitting comments are proposed rule change. it appears to the Commission that such cautioned that we do not redact or edit I. Summary of the Exchange’s action is necessary or appropriate in the personal identifying information from public interest, for the protection of Description of the Proposed Rule comment submissions. You should Change 7 investors, or otherwise in furtherance of submit only information that you wish the purposes of the Act. If the to make available publicly. All The Exchange proposes to list and Commission takes such action, the submissions should refer to File trade Shares of the Fund under Nasdaq Commission shall institute proceedings Number SR–ISE–2018–30, and should Rule 5735, which governs the listing to determine whether the proposed rule be submitted on or before May 3, 2018. and trading of Managed Fund Shares on should be approved or disapproved. the Exchange. The Shares will be For the Commission, by the Division of offered by the Trust, which is registered IV. Solicitation of Comments Trading and Markets, pursuant to delegated with the Commission as an investment authority.12 Interested persons are invited to company under the Investment submit written data, views, and Eduardo A. Aleman, Company Act of 1940 (‘‘1940 Act’’). The arguments concerning the foregoing, Assistant Secretary. Fund will be a series of the Trust.8 including whether the proposed rule [FR Doc. 2018–07526 Filed 4–11–18; 8:45 am] Legg Mason Partners Fund Advisor, change is consistent with the Act. BILLING CODE 8011–01–P LLC will be the investment manager Comments may be submitted by any of (‘‘Manager’’) to the Fund. Western Asset the following methods: Management Company will serve as the SECURITIES AND EXCHANGE sub-adviser to the Fund (‘‘Sub-Adviser’’) Electronic Comments COMMISSION and Western Asset Management • Use the Commission’s internet [Release No. 34–83007; File No. SR– Company Limited in London, Western comment form (http://www.sec.gov/ NASDAQ–2017–128] Asset Management Company Pte. Ltd. in rules/sro.shtml); or Singapore, and Western Asset • Send an email to rule-comments@ Self-Regulatory Organizations; The Management Company Ltd in Japan will sec.gov. Please include File Number SR– Nasdaq Stock Market LLC; Order each serve as sub-sub-advisers to the ISE–2018–30 on the subject line. Instituting Proceedings To Determine Fund (collectively, ‘‘Sub-Sub-Advisers’’ Paper Comments Whether To Approve or Disapprove a and each, a ‘‘Sub-Sub-Adviser’’).9 Legg • Proposed Rule Change To List and Mason Investor Services, LLC Send paper comments in triplicate Trade Shares of the Western Asset (‘‘Distributor’’) will be the distributor of to Secretary, Securities and Exchange Total Return ETF the Fund’s Shares. The Manager, each of Commission, 100 F Street NE, the Sub-Advisers, and the Distributor Washington, DC 20549–1090. April 6, 2018. are wholly-owned subsidiaries of Legg All submissions should refer to File On December 20, 2017, The Nasdaq Mason, Inc. (‘‘Legg Mason’’). The Number SR–ISE–2018–30. This file Stock Market LLC (‘‘Nasdaq’’) filed with Exchange states that an entity that is not number should be included on the the Securities and Exchange affiliated with Legg Mason, and which subject line if email is used. To help the Commission (‘‘Commission’’), pursuant is named in the Registration Statement, Commission process and review your to Section 19(b)(1) of the Securities will act as the administrator, accounting comments more efficiently, please use Exchange Act of 1934 (‘‘Act’’) 1 and Rule agent, custodian, and transfer agent to only one method. The Commission will 19b–4 thereunder,2 a proposed rule the Fund.10 post all comments on the Commission’s change to list and trade shares internet website (http://www.sec.gov/ (‘‘Shares’’) of the Western Asset Total designated April 9, 2018, as the date by which the rules/sro.shtml). Copies of the Return ETF (‘‘Fund’’), a series of Legg Commission shall approve or disapprove, or submission, all subsequent Mason ETF Investment Trust (‘‘Trust’’), institute proceedings to determine whether to amendments, all written statements disapprove, the proposed rule change. under Nasdaq Rule 5735 (Managed 6 15 U.S.C. 78s(b)(2)(B). with respect to the proposed rule Fund Shares). The proposed rule change 7 For a complete description of the Exchange’s change that are filed with the was published for comment in the proposal, see the Notice, supra note 3. Commission, and all written Federal Register on January 9, 2018.3 8 The Trust filed a registration statement on Form communications relating to the On February 21, 2018, pursuant to N–1A with the Commission with respect to the Fund but withdrew it on February 14, 2018. See proposed rule change between the 4 Section 19(b)(2) of the Act, the Post-Effective Amendment No. 27 to the Commission and any person, other than Commission designated a longer period Registration Statement on Form N–1A for the Trust those that may be withheld from the within which to approve the proposed (File Nos. 333–206784 and 811–23096) as filed on public in accordance with the rule change, disapprove the proposed August 8, 2017 (‘‘Registration Statement’’) and Request for Withdrawal of Post-Effective provisions of 5 U.S.C. 552, will be rule change, or institute proceedings to Amendments Nos. 27, 31, 33, 35, 36 and 38 to the available for website viewing and determine whether to disapprove the Trust’s Registration Statement filed on Form N–1A printing in the Commission’s Public proposed rule change.5 The Commission as filed on February 14, 2018. Reference Room, 100 F Street NE, 9 References to ‘‘Sub-Adviser’’ or ‘‘Sub-Advisers’’ hereinafter include the Sub-Adviser and each Washington, DC 20549, on official 12 17 CFR 200.30–3(a)(12). applicable Sub-Sub-Adviser. 1 15 U.S.C. 78s(b)(1). business days between the hours of 10 According to the Exchange, none of the 2 17 CFR 240.19b–4. Manager or any of the Sub-Advisers is a broker- 11 For purposes only of waiving the 30-day 3 See Securities Exchange Act Release No. 82439 dealer, but each is affiliated with the Distributor, a operative delay, the Commission has also (Jan. 3, 2018), 83 FR 1062 (‘‘Notice’’). broker-dealer. The Exchange states that each of the considered the proposed rule’s impact on 4 15 U.S.C. 78s(b)(2). Manager and the Sub-Advisers has implemented efficiency, competition, and capital formation. See 5 See Securities Exchange Act Release No. 82757, and will maintain a fire wall with respect to its 15 U.S.C. 78c(f). 83 FR 8532 (Feb. 27, 2018). The Commission Continued

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15884 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

The Fund will be an actively managed U.S. or foreign fixed income securities U.S. or foreign non-convertible exchange-traded fund (‘‘ETF’’). (as described below); (ii) U.S. or foreign preferred securities (other than trust According to the Exchange, the Debt (as described below); (iii) ETFs 13 preferred securities, which the Fund investment objective of the Fund will be that provide exposure to such U.S. or may invest in but which are treated as to seek to maximize total return, foreign fixed income securities, Debt, or fixed income securities under Nasdaq consistent with prudent investment other Principal Investments (as Rule 5735(b)(1)(B)) (‘‘Non-Convertible management and liquidity needs. described below); (iv) derivatives 14 that Preferred Securities’’); 17 (vii) Although the Fund may invest in (a) provide exposure to such U.S. or warrants 18 on U.S. or foreign fixed securities and Debt (as defined below) of foreign fixed income securities, Debt, income securities; (viii) warrants on any maturity, the Fund will normally and other Principal Investments, (b) are U.S. or foreign equity securities that are maintain an average effective duration used to risk manage the Fund’s attached to, accompany, or are within 35% of the average duration of holdings,15 or (c) are used to enhance purchased alongside investments in the U.S. bond market as a whole returns, such as through covered call U.S. or foreign fixed income securities (generally, this bond market range is 2.5 strategies; (v) U.S. or foreign equity issued by the issuer of the warrants to 7 years) as estimated by the Sub- securities of any type acquired in (‘‘Equity-Related Warrants’’); 19 (ix) cash Adviser.11 reorganizations of issuers of fixed and cash equivalents; 20 and (x) foreign income securities or Debt held by the currencies (collectively, the ‘‘Principal A. Principal Investments Fund (‘‘Work Out Securities’’);16 (vi) Investments;’’ and the equity elements According to the Exchange, under of the Principal Investments, which Normal Market Conditions,12 the Fund 13 The Exchange states that the ETFs in which the consist of ETFs that provide exposure to will seek to achieve its investment Fund may invest include Index Fund Shares (as fixed income securities, Debt, or other described in Nasdaq Rule 5705(b)), Portfolio Principal Investments; Work Out objective by investing at least 80% of its Depositary Receipts (as described in Nasdaq Rule net assets in a portfolio comprised of (i) 5705(a)), and Managed Fund Shares (as described Securities; Non-Convertible Preferred in Nasdaq Rule 5735). According to the Exchange, Securities; and Equity-Related Warrants, broker-dealer affiliate regarding access to the Fund will not invest in ETFs that are not collectively referred to as ‘‘Principal information concerning the composition of and/or registered as investment companies under the 1940 Investment Equities’’). changes to the portfolio prior to implementation. In Act. The ETFs held by the Fund will invest in fixed The Exchange states that fixed income addition, personnel who make decisions on the income securities, Debt, and money-market Fund’s portfolio composition will be subject to instruments to which the Fund seeks exposure. The securities may consist of the following: procedures designed to prevent the use and Exchange represents that all such ETFs will trade (i) U.S. or foreign corporate debt dissemination of material non-public information on markets that are members of the Intermarket securities, including notes, bonds, regarding the Fund’s portfolio. In the event (i) the Surveillance Group (‘‘ISG’’) or exchanges that are debentures, trust preferred securities, Manager or any of the Sub-Advisers registers as a parties to a comprehensive surveillance sharing broker-dealer or becomes newly affiliated with a agreement with the Exchange. In addition, the and commercial paper issued by broker-dealer, or (ii) any new manager or sub Exchange states that the Fund will not invest in corporations, trusts, limited adviser to the Fund is a registered broker-dealer or leveraged, inverse, or inverse leveraged ETFs. partnerships, limited liability becomes affiliated with another broker-dealer, it 14 The Exchange states that derivatives will companies, and other types of non- will implement and maintain a fire wall with include: (i) Swaps and security-based swaps, governmental legal entities; (ii) U.S. respect to its relevant personnel and/or such broker- futures, options, options on futures, and swaptions dealer affiliate, as applicable, regarding access to that are traded on an exchange, trading facility, government securities, including information concerning the composition of and/or swap execution facility or alternative trading changes to the portfolio prior to implementation system (a) that is a member of the ISG, which market or may be listed on an exchange that may and will be subject to procedures designed to includes all U.S. national securities exchanges and or may not be an ISG member. prevent the use and dissemination of material non- most futures exchanges, (b) that is subject to a 17 According to the Exchange, Non-Convertible public information regarding the portfolio. comprehensive surveillance sharing agreement with Preferred Securities may be listed on either an ISG 11 The Exchange states that the average effective the Exchange, or (c) that is not an ISG member and member exchange (or an exchange with which the duration of the Fund may fall outside of its with which the Exchange does not have a Exchange has a comprehensive surveillance sharing expected range due to market movements, and that comprehensive surveillance sharing agreement agreement) or a non-ISG member exchange, or be if this happens, the Sub-Advisers will take action (‘‘Exchange-Traded Derivatives’’); and (ii) swaps unlisted and trade in the OTC market. to bring the Fund’s average effective duration back and security-based swaps, options, options on 18 The Exchange states that the Fund may hold within its expected range within a reasonable futures, swaptions, forwards, and similar warrants that provide the right to purchase fixed period of time. instruments that are traded in the over-the-counter income securities or equity securities, and such 12 The term ‘‘Normal Market Conditions’’ has the (‘‘OTC’’) market and are either centrally cleared or warrants may be traded in the OTC market or may meaning set forth in Nasdaq Rule 5735(c)(5). In cleared bilaterally (‘‘OTC Derivatives). Specifically, be listed on an exchange, including an exchange addition, the Exchange states that the Fund may the Exchange states that derivatives that the Fund that is not an ISG member. According to the vary from ordinary parameters on a temporary may enter into include: (A) OTC deliverable and Exchange, the Fund expects that most of the basis, including for defensive purposes, during the non-deliverable foreign exchange forward contracts; warrants it holds will be attached to related fixed initial invest-up period (i.e., the six-week period (B) exchange-listed futures contracts on securities income securities. following the commencement of trading of Shares (including Treasury Securities and foreign 19 According to the Exchange, the Fund’s interests on the Exchange) and during periods of high cash government securities), commodities, indices, in Equity-Related Warrants will be similar to the inflows or outflows (i.e., rolling periods of seven interest rates, financial rates, and currencies; (C) Fund’s interest in Work Out Securities in that they calendar days during which inflows or outflows of exchange-listed or OTC options or swaptions (i.e., reflect interests in equity securities that are held cash, in the aggregate, exceed 10% of the Fund’s net options to enter into a swap) on securities, solely in connection with investments in fixed assets as of the opening of business on the first day commodities, indices, interest rates, financial rates, income securities. of such periods). In those situations, the Fund may currencies, and futures contracts; and (D) exchange- 20 According to the Exchange, cash equivalents depart from its principal investment strategies and listed or OTC swaps (including total return swaps) consist of the following, all of which have may, for example, hold a higher than normal on securities, commodities, indices, interest rates, maturities of less than three months: U.S. proportion of its assets in cash and cash financial rates, currencies, and debt, and credit government securities; certificates of deposit issued equivalents. During such periods, the Fund may not default swaps on single names, basket, and indices against funds deposited in a bank or savings and be able to achieve its investment objective. The (both as protection seller and as protection buyer). loan association; bankers’ acceptances; repurchase Fund may also adopt a defensive strategy and hold 15 According to the Exchange, the risk agreements and reverse repurchase agreements; and a significant portion of its assets in cash and cash management uses of derivatives will include bank time deposits. In addition, cash equivalents equivalents when the Manager or any Sub-Adviser managing (i) investment-related risks; (ii) risks due consist of money market funds registered under the believes securities, Debt, and other instruments in to fluctuations in securities prices, interest rates, or 1940 Act and money market funds that are not which the Fund normally invests have elevated currency exchanges rates; (iii) risks due to the registered under the 1940 Act but that comply with risks due to political or economic factors, credit-worthiness of an issuer; and (iv) the effective Rule 2a–7 under the 1940 Act (together, ‘‘Money heightened market volatility or in other duration of the Fund’s portfolio. Market Funds’’), money market ETFs, and extraordinary circumstances that do not constitute 16 According to the Exchange, Work Out commercial paper having maturities of 360 days or ‘‘Normal Market Conditions.’’ Securities will generally be traded in the OTC less.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15885

obligations of, or securities guaranteed credit, such as guarantees, made by the Fund’s primary uses for derivatives, by, the U.S. government, its agencies, or governmental entities or financial which are to (A) provide exposure to government-sponsored entities institutions. Debt may be partially or such U.S. or foreign fixed income (‘‘GSEs’’); (iii) sovereign debt securities, fully secured by collateral supporting securities, Debt and other Principal including fixed income securities issued the payment of interest and principal, or Investments, (B) risk manage the Fund’s by governments, agencies, or unsecured and/or subordinated to other holdings, and (C) enhance returns. instrumentalities and their political instruments. Debt may relate to subdivisions; securities issued by financings for highly-leveraged C. Investment Restrictions government-owned, controlled, or borrowers. The Fund may acquire an According to the Exchange, the Fund sponsored entities; interests in entities interest in Debt by purchasing may invest up to 30% of its assets in organized and operated for the purpose participations in and/or assignments of Non-Convertible Preferred Securities, of restructuring the investment portions of loans from third parties or Equity-Related Warrants, and Work Out instruments issued by such entities; by investing in pools of loans, such as Securities. The Fund will not invest in Brady Bonds; and fixed income collateralized debt obligations. equity securities other than Principal securities issued by supranational With respect to fixed income Investment Equities. Principal entities such as the World Bank; (iv) securities and Debt, the Fund may Investment Equities consist of (i) Non- U.S. or foreign mortgage-backed invest in restricted instruments, such as Convertible Preferred Securities, Equity- securities (‘‘MBS’’); (v) U.S. or foreign Rule 144A and Regulation S securities, Related Warrants, and Work Out asset-backed securities (‘‘ABS’’); 21 (vi) which are subject to resale restrictions Securities, which are limited to 30% of municipal securities, which include that limit purchasers to qualified the Fund’s assets in the aggregate, and general obligation bonds, revenue institutional buyers, as defined in Rule (ii) shares of ETFs that provide exposure bonds, housing authority bonds, private 144A under the Securities Act of 1933, to fixed income securities, Debt, or other activity bonds, industrial development as amended (‘‘Securities Act’’) or non- Principal Investments, which are subject bonds, residual interest bonds, tender U.S. persons, within the meaning of to no limits. option bonds, tax and revenue Regulation S under the Securities Act. The Exchange states that while the anticipation notes, bond anticipation The Exchange states that, as a result Fund will invest principally in fixed notes, tax-exempt commercial paper, of the Fund’s use of derivatives and to income securities and Debt that are, at municipal leases, participation serve as collateral, the Fund may also the time of purchase, investment grade, certificates and custodial receipts; (vii) hold significant amounts of Treasury the Fund may invest up to 30% of its zero coupon securities; (viii) pay-in- Securities, cash, and cash equivalents net assets in below investment grade kind securities; (ix) deferred interest and, in the case of derivatives that are fixed income securities and Debt. For securities; (x) U.S. or foreign structured payable in a foreign currency, the these purposes, ‘‘investment grade’’ is notes and indexed securities, including foreign currency in which the defined as investments with a rating at securities that have demand, tender or derivatives are payable. the time of purchase in one of the four put features, or interest rate reset The Exchange states that the Fund highest rating categories of at least one features; and (xi) U.S. or foreign may, without limitation, enter into nationally recognized statistical ratings inflation-indexed or inflation-protected repurchase arrangements and borrowing organization (‘‘NRSRO’’).23 securities, which include, among others, and reverse repurchase arrangements, According to the Exchange, the Fund U.S. Treasury Inflation Protected purchase and sale contracts, buybacks may invest in fixed income securities, Securities. The securities may pay fixed, and dollar rolls,22 and spot currency equity securities, or Debt issued by both variable, or floating rates of interest or, transactions. The Fund may also, U.S. and non-U.S. issuers (including in the case of instruments such as zero subject to required margin and without issuers in emerging markets). However, coupon bonds, do not pay current limitation, purchase securities and other the Fund will not invest: (i) More than interest but are issued at a discount instruments under when-issued, 30% of its total assets directly in fixed from their face values. delayed delivery, to be announced or income securities, equity securities, or The Exchange states that the Fund forward commitment transactions, Debt of non-U.S. issuers; or (ii) more may invest in debt instruments (‘‘Debt’’) where the securities or instruments will than 25% of its total assets directly in that may be deemed not to be not be delivered or paid for non-U.S. dollar denominated fixed ‘‘securities,’’ as defined in the Act, immediately. income securities, equity securities, or which will be comprised primarily of 24 B. Other Investments Debt. the following: (i) U.S. or foreign bank The Exchange states that the Fund loans and participations in bank loans; According to the Exchange, under may invest a substantial portion of its (ii) U.S. or foreign loans by non-bank Normal Market Conditions, the Fund lenders and participations in such will seek its investment objective by 23 The Exchange states that unrated fixed income loans; (iii) U.S. or foreign loans on real investing at least 80% of its net assets securities or Debt may be considered investment estate secured by mortgages and in a portfolio of the Principal grade if, at the time of purchase, and under Normal participations (without guarantees by a Investments. The Fund may invest its Market Conditions, the applicable Sub-Adviser determines that such securities are of comparable GSE); and (iv) participations in U.S. or remaining assets exclusively in: (i) U.S. quality based on a fundamental credit analysis of foreign loans and/or other extensions of or foreign exchange-listed or OTC the unrated security or Debt instrument and convertible fixed income securities; and comparable NRSRO-rated securities. 21 According to the Exchange, the MBS and ABS (ii) OTC Derivatives and Exchange- 24 The Exchange states that, for purposes of these in which the Fund will invest make periodic Traded Derivatives that do not satisfy concentration limits only, derivatives, warrants, payments of interest and/or principal on underlying and ETFs traded on U.S. exchanges that provide pools of mortgages, government securities, or, in the indirect exposure to fixed income securities, equity case of ABS, loans, leases, and receivables other 22 According to the Exchange, the Fund may enter securities, or Debt (as applicable) of non-U.S. than real estate. The Fund may also invest in into a forward roll transaction (also referred to as issuers or to fixed income securities, equity stripped ABS or MBS, which represent the right to a mortgage dollar roll) with the intention of entering securities, or Debt (as applicable) denominated in receive either payments of principal or payments of into an offsetting transaction whereby, rather than currencies other than U.S. dollars will not be interest on real estate receivables, in the case of accepting delivery of the security on the specified counted in calculating the Fund’s holdings in non- MBS, or non-real estate receivables, in the case of date, the Fund sells the security and agrees to U.S. issuers or in non-U.S. dollar denominated ABS. repurchase a similar security at a later time. securities or Debt.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15886 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

net assets in ABS and MBS. However, The Exchange states that under 5735(b)(1)(D)(i) and (ii),29 the Fund will not invest more than 30% Normal Market Conditions, the Fund 5735(b)(1)(E),30 and 5735(b)(1)(F).31 of the fixed income portion of the will satisfy the following requirements, Instead, the Exchange proposed that for Fund’s portfolio in non-agency, non- on a continuous basis measured at the the purposes of any applicable GSE, and privately-issued mortgage- time of purchase: (i) Component requirements under Nasdaq Rule related and other asset-backed securities securities that in the aggregate account 5735(b)(1), and any alternative (‘‘Private ABS/MBS’’). for at least 75% of the fixed income requirements proposed by the Exchange, According to the Exchange, the Fund weight of the Fund’s portfolio each will the Fund will use the mark-to-market may not concentrate its investments have a minimum original principal value or exposure of its derivatives in (i.e., invest more than 25% of the value amount outstanding of $100 million or calculating the weight of such of its total assets) in securities of issuers more; (ii) no fixed income security held derivatives or the exposure that such in any one industry. The Exchange in the portfolio (excluding Treasury derivatives provide to their reference states that this restriction will be Securities and GSE Securities) 26 will assets. interpreted to permit investment represent more than 30% of the fixed (ii) The Fund will not comply with without limit in the following: income weight of the Fund’s portfolio, the requirement in Nasdaq Rule Obligations issued or guaranteed by the and the five most heavily weighted 5735(b)(1)(B)(v) that Private ABS/MBS U.S. government, its agencies or portfolio securities (excluding Treasury in the Fund’s portfolio account, in the instrumentalities; securities of state, Securities and GSE Securities) will not aggregate, for no more than 20% of the territory, possession, or municipal in the aggregate account for more than weight of the fixed income portion of governments and their authorities, 65% of the fixed income weight of the the Fund’s portfolio. Instead, the agencies, instrumentalities, or political Fund’s portfolio; (iii) the Fund’s Exchange proposed that the Fund will subdivisions; and repurchase portfolio (excluding exempted limit its holdings in Private ABS/MBS agreements collateralized by any such securities) will include a minimum of to no more than 30% of the weight of obligations. 13 non-affiliated issuers; (iv) at least the fixed income portion of the Fund’s In addition, the Exchange states that 75% of the investments in securities portfolio. The Exchange states that, for the Fund may hold up to an aggregate issued by emerging market issuers will purposes of this requirement, the weight amount of 15% of its net assets in have a minimum original principal of the Fund’s exposure to Private ABS/ illiquid assets (calculated at the time of amount outstanding of $200 million or MBS referenced indirectly through investment), including Rule 144A more; and (v) at least 75% of investments in derivatives held by the securities deemed illiquid by the Fund will be calculated based on the 25 investments in bank loans or corporate Manager or the Sub-Advisers. The loan assets 27 will be in senior loans mark-to-market value or exposure of Fund will monitor its portfolio liquidity with an initial deal size of $100 million such derivatives. on an ongoing basis to determine or greater. (iii) The Fund will not comply with whether, in light of current the requirement in Nasdaq Rule circumstances, an adequate level of D. Application of Generic Listing 5735(b)(1)(B)(iv) that component liquidity is being maintained and will Requirements securities that in aggregate account for consider taking appropriate steps in The Exchange states that it submitted at least 90% of the fixed income weight order to maintain adequate liquidity if, the proposed rule change because the of the portfolio must be either: (a) From through a change in values, net assets, Fund will not meet all of the ‘‘generic’’ issuers that are required to file reports or other circumstances, more than 15% listing requirements of Nasdaq Rule pursuant to Sections 13 and 15(d) of the of the Fund’s net assets are held in 5735(b)(1). The Exchange states that the Act; (b) from issuers that have a illiquid securities or other illiquid Fund will meet all such requirements worldwide market value of its assets. except those described below,28 and the outstanding common equity held by According to the Exchange, the non-affiliates of $700 million or more; Fund’s investments in derivatives will Exchange has proposed that the Fund will comply with certain alternative (c) from issuers that have outstanding be consistent with the Fund’s securities that are notes, bonds investment objective and will not be limits described below. (i) The Fund will not comply with the debentures, or evidence of indebtedness used for the purpose of seeking having a total remaining principal leveraged returns or performance that is requirements in Nasdaq Rule 5735(b)(1) to use the aggregate gross notional value the multiple or inverse multiple of a 29 of derivatives when calculating the Rules 5735(b)(1)(D)(i) and (ii) impose certain benchmark (although derivatives have limitations on investments in listed derivatives, and embedded leverage). Although the Fund weight of such derivatives or the require that, for purposes of calculating such will be permitted to borrow as permitted exposure that such derivatives provide limitations, a portfolio’s investment in listed under the 1940 Act, it will not be to underlying reference assets, including derivatives will be calculated as the aggregate gross the requirements in Rules notional value of the listed derivatives. operated as a ‘‘leveraged ETF,’’ (i.e., it 30 Rule 5735(b)(1)(E) imposes a 20% limitation on will not be operated in a manner investments in OTC derivatives and requires that, designed to seek a multiple or inverse 26 The terms ‘‘Treasury Securities’’ and ‘‘GSE for purposes of calculating such limitation, a multiple of the performance of an Securities’’ as used herein have the meanings set portfolio’s investments in OTC derivatives will be forth in Nasdaq Rule 5735(b)(1)(B). calculated as the aggregate gross notional value of underlying reference index). 27 These include senior loans, syndicated bank the OTC derivatives. loans, junior loans, bridge loans, unfunded 31 Rule 5735(b)(1)(F) requires that, to the extent 25 In reaching liquidity decisions, the Manager or commitments, revolvers, and participation interests. listed or OTC derivatives are used to gain exposure Sub-Advisers (as applicable) may consider the 28 The Exchange notes that the Fund will comply to individual equities and/or fixed income following factors: The frequency of trades and with the applicable requirements of Nasdaq Rule securities, or to indexes of equities and/or indexes quotes for the security; the number of dealers 5735(b)(1) with respect to all commercial paper of fixed income securities, the aggregate gross wishing to purchase or sell the security and the held by the Fund. In addition, in accordance with notional value of such exposure shall meet the number of other potential purchasers; dealer Nasdaq Rule 5735(b)(1)(B), to the extent that the criteria set forth in Rule 5735(b)(1)(A) (which undertakings to make a market in the security; and Fund holds securities that convert into fixed contains generic listing standards for the equity the nature of the security and the nature of the income securities, the fixed income securities into components of the portfolio) and 5735(b)(1)(B) marketplace in which it trades (e.g., the time which any such securities are converted will meet (which contains generic listing standards for the needed to dispose of the security, the method of the criteria of Nasdaq Rule 5735(b)(1)(B) after fixed income components of the portfolio), soliciting offers and the mechanics of transfer). converting. respectively.

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15887

amount of at least $1 billion; (d) Fund’s investments in Non-Convertible than 10% of the net assets of the Fund exempted securities as defined in Preferred Securities, Work Out will be invested in Exchange-Traded Section 3(a)(12) of the Act; or (e) from Securities, and Equity-Related Warrants. Derivatives whose principal market is issuers that are a government of a Instead, the Exchange proposed that (a) not a member of ISG or is a market with foreign country or a political the Fund’s investments in equity which the Exchange does not have a subdivision of a foreign country. securities other than Non-Convertible comprehensive surveillance sharing Instead, the Exchange proposed that the Preferred Securities, Work Out agreement. The Exchange states that, for fixed income portion of the portfolio Securities, and Equity-Related Warrants purposes of this 10% limit, the weight other than Private ABS/MBS will will comply with the requirements in of such Exchange-Traded Derivatives comply with the 90% requirement in Nasdaq Rule 5735(b)(1)(A); 33 and (b) the will be calculated based on the mark-to- Rule 5735(b)(1)(B)(iv), and that Private aggregate weight of the Fund’s market value or exposure of such ABS/MBS held by the Fund will not investments in Non-Convertible Exchange-Traded Derivatives. comply with such requirement. The Preferred Securities, Work Out (vii) The Fund will not comply with Exchange states that, for purposes of Securities, and Equity-Related Warrants the requirement in Nasdaq Rule this requirement, the weight of the will not exceed 30% of the Fund’s net 5735(b)(1)(D)(ii) that the aggregate gross Fund’s exposure to any fixed income assets. notional value of listed derivatives securities referenced in derivatives held (v) The Fund will not comply with based on any five or fewer underlying by the Fund will be calculated based on the requirement in Nasdaq Rule reference assets shall not exceed 65% of the mark-to-market value or exposure of 5735(b)(1)(E) that, on both an initial and the weight of the Fund’s portfolio such derivatives. continuing basis, no more than 20% of (including gross notional exposures), (iv) The Fund will not comply with the assets in the Fund’s portfolio may be and the aggregate gross notional value of the requirements in Nasdaq Rule invested in over-the-counter derivatives. listed derivatives based on any single 5735(b)(1)(A) 32 with respect to the Instead, the Exchange proposed that: (a) underlying reference asset shall not There be no limit on the Fund’s exceed 30% of the weight of the Fund’s 32 Rule 5735(b)(1)(A)(i) requires that U.S. investments in ‘‘Interest Rate portfolio (including gross notional Component Stocks (as such term is defined in Derivatives’’ 34 and ‘‘Currency exposures). Instead, the Exchange Nasdaq Rule 5705) of the equity portion of the Derivatives’’ 35 entered into with broker- proposed that (a) the Fund’s portfolio meet the following criteria initially and on a continuing basis (subject to certain exclusions for dealers, banks, and other financial investments in futures and options Exchange Traded Derivative Securities and Linked intermediaries; and (b) the aggregate contracts (including options on futures) Securities, as such terms are defined in Nasdaq weight of the Fund’s investments in all referencing Eurodollars and sovereign Rules 5735(c)(6) and 5710, respectively): (a) other OTC Derivatives (excluding debt issued by the United States (i.e., Component stocks that in the aggregate account for at least 90% of the equity weight of the portfolio Interest Rate Derivatives and Currency Treasury Securities) and other ‘‘Group each shall have a minimum market value of at least Derivatives) will not exceed 10% of the of Seven’’ countries 36 that are listed on $75 million; (b) component stocks that in the Fund’s net assets (calculated based on an exchange that is an ISG member or aggregate account for at least 70% of the equity the mark-to-market value or exposure of an exchange with which the Exchange weight of the portfolio each shall have a minimum monthly trading volume of 250,000 shares, or such other OTC Derivatives). has a comprehensive surveillance minimum notional volume traded per month of (vi) The Fund will not comply with sharing agreement (‘‘Eurodollar and G– $25,000,000, averaged over the last six months; (c) the requirement in Nasdaq Rule 7 Sovereign Futures and Options’’) will the most heavily weighted component stock shall 5735(b)(1)(D)(i) that, in the aggregate, at not be subject to the requirements in not exceed 30% of the equity weight of the least 90% of the weight of the Fund’s portfolio, and, to the extent applicable, the five Nasdaq Rule 5735(b)(1)(D)(ii); and (b) most heavily weighted component stocks shall not holdings in futures, exchange-traded the Fund’s investments in Exchange- exceed 65% of the equity weight of the portfolio; options, and listed swaps shall, on both Traded Derivatives other than (d) where the equity portion of the portfolio does an initial and continuing basis, consist Eurodollar and G–7 Sovereign Futures not include Non-U.S. Component Stocks, the equity of futures, options and swaps for which portion of the portfolio shall include a minimum of and Options will comply with the 13 component stocks; and (e) except for non- the Exchange may obtain information concentration requirements in Nasdaq exchange traded American Depositary Receipts via the ISG, from other members or Rule 5735(b)(1)(D)(ii) (for purposes of (which may consist of up to 10% of the equity affiliates of the ISG, or for which the this requirement, the weight of the weight of the portfolio), equity securities in the principal market is a market with which portfolio shall be U.S. Component Stocks listed on applicable Exchange-Traded Derivatives a national securities exchange and shall be NMS the Exchange has a comprehensive will be calculated based on the mark-to- Stocks as defined in Rule 600 of Regulation NMS surveillance sharing agreement. Instead, market value or exposure of such under the Act. Further, Rule 5735(b)(1)(A)(ii) the Exchange proposed that no more Exchange-Traded Derivatives). requires that Non-U.S. Component Stocks (as such term is defined in Nasdaq Rule 5705) of the equity II. Proceedings To Determine Whether portion of the portfolio meet the following criteria shall be listed and traded on an exchange that has initially and on a continuing basis: (a) Non-U.S. last-sale reporting. To Approve or Disapprove SR– Component Stocks each shall have a minimum 33 According to the Exchange, the other equity NASDAQ–2017–128 and Grounds for market value of at least $100 million; (b) Non-U.S. securities that the Fund will invest in will consist Disapproval Under Consideration Component Stocks each shall have a minimum of ETFs (including money market ETFs) that global monthly trading volume of 250,000 shares, provide exposure to fixed income securities, Debt, The Commission is instituting or minimum global notional volume traded per and other Principal Investments, and the weight of proceedings pursuant to Section month of $25,000,000, averaged over the last six such ETFs in the Fund’s portfolio will not be 19(b)(2)(B) of the Act 37 to determine limited. months; (c) the most heavily weighted Non-U.S. whether the proposed rule change Component Stock shall not exceed 25% of the 34 The Exchange states that ‘‘Interest Rate equity weight of the portfolio, and, to the extent Derivatives’’ are comprised of interest rate swaps, should be approved or disapproved. applicable, the five most heavily weighted Non-U.S. swaptions (i.e., options on interest rate swaps), rate Institution of such proceedings is Component Stocks shall not exceed 60% of the options, and other similar derivatives, and may be appropriate at this time in view of the equity weight of the portfolio; (d) where the equity Exchange-Traded Derivatives or OTC Derivatives. legal and policy issues raised by the portion of the portfolio includes Non-U.S. 35 The Exchange states that ‘‘Currency Component Stocks, the equity portion of the Derivatives’’ are comprised of deliverable and non- portfolio shall include a minimum of 20 component deliverable currency forwards, swaps and options 36 The ‘‘Group of Seven’’ (or ‘‘G–7’’) countries stocks (subject to certain exclusions for Exchange on currencies, and similar currency or foreign consist of the United States, Canada, France, Traded Derivative Securities and Linked exchange derivatives, and may be Exchange-Traded Germany, Italy, Japan, and the United Kingdom. Securities); and (e) each Non-U.S. Component Stock Derivatives or OTC Derivatives. 37 15 U.S.C. 78s(b)(2)(B).

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15888 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

proposed rule change. Institution of rebuttal by May 17, 2018. The the Exchange notes that the Fund will proceedings does not indicate that the Commission asks that commenters not meet the requirement in Nasdaq Commission has reached any address the sufficiency of the Rule 5735(b)(1)(B)(v) that Private ABS/ conclusions with respect to any of the Exchange’s statements in support of the MBS, in the aggregate, account for no issues involved. Rather, as described proposal, which are set forth in the more than 20% of the weight of the below, the Commission seeks and Notice,41 in addition to any other fixed income portion of the Fund’s encourages interested persons to comments they may wish to submit portfolio. Instead, the Exchange provide comments on the proposed rule about the proposed rule change. proposes to limit the Fund’s change. Specifically, the Commission seeks investments in Private ABS/MBS to Pursuant to Section 19(b)(2)(B) of the comment on the statements of the 30% of the weight of the fixed income Act,38 the Commission is providing Exchange contained in the Notice and portion of its portfolio. In addition, the notice of the grounds for disapproval any other issues raised by the proposed Exchange states that the Fund’s under consideration. The Commission is rule change. investments in Non-Convertible instituting proceedings to allow for In this regard, the Commission Preferred Securities, Work Out additional analysis of the proposed rule specifically seeks comment on the Securities, and Equity-Related Warrants, change’s consistency with Section proposed cutoff time for redemption which may constitute up to 30% of the 6(b)(5) of the Act, which requires, requests and creation orders. In the Fund’s net assets, will not comply with among other things, that the rules of a Notice, the Exchange states that all the generic listing requirements for national securities exchange be redemption requests and creation orders portfolio investments in equity ‘‘designed to prevent fraudulent and for creation units of the Fund must be securities set forth in Nasdaq Rule manipulative acts and practices, to received by the Distributor within one 5735(b)(1)(A). The Commission seeks promote just and equitable principles of hour after the closing time of the regular commenters’ views on these aspects of trade, . . . to remove impediments to trading session on the Exchange the proposal, and whether the and perfect the mechanism of a free and (ordinarily between 4:00 p.m., E.T. and Exchange’s statements and open market and a national market 5:00 p.m., E.T.) in order to receive the representations support a determination system, and, in general, to protect net asset value (‘‘NAV’’) on the next that the listing and trading of the Shares investors and the public interest.’’ 39 business day immediately following the would be consistent with Section 6(b)(5) date the order was placed.42 The of the Act. III. Procedure: Request for Written Exchange also states that the Fund will Comments may be submitted by any Comments cause to be published, through the of the following methods: The Commission requests that National Securities Clearing Electronic Comments interested persons provide written Corporation, on each business day, prior submissions of their views, data, and to the opening of trading on the • Use the Commission’s internet arguments with respect to the issues Exchange (currently, 9:30 a.m., E.T.), the comment form (http://www.sec.gov/ identified above, as well as any other identity and the required number (as rules/sro.shtml); or • concerns they may have with the applicable) of deposit/redemption Send an email to rule-comments@ proposal. In particular, the Commission securities and the amount of cash sec.gov. Please include File Number SR– invites the written views of interested applicable to creation orders and NASDAQ–2017–128 on the subject line. persons concerning whether the redemption requests received in proper Paper Comments 43 proposal is consistent with Section form. Based on this description, the • 6(b)(5) or any other provision of the Act, Commission notes that market Send paper comments in triplicate or the rules and regulations thereunder. participants that submit redemption to Secretary, Securities and Exchange Although there do not appear to be any requests or creation orders on a given Commission, 100 F Street NE, issues relevant to approval or business day will not know the contents Washington, DC 20549–1090. disapproval that would be facilitated by of the deposit/redemption securities All submissions should refer to File an oral presentation of views, data, and that will be applicable to their request Number SR–NASDAQ–2017–128. This arguments, the Commission will until the following business day and file number should be included on the consider, pursuant to Rule 19b–4, any will receive the following business day’s subject line if email is used. To help the request for an opportunity to make an NAV. Accordingly, the Commission Commission process and review your oral presentation.40 seeks comment on how the proposed comments more efficiently, please use Interested persons are invited to cutoff time for redemption requests and only one method. The Commission will submit written data, views, and creation orders would affect the post all comments on the Commission’s arguments regarding whether the opportunity for an effective and efficient internet website (http://www.sec.gov/ proposal should be approved or arbitrage process and whether the rules/sro.shtml). Copies of the disapproved May 3, 2018. Any person proposed cutoff time is consistent with submission, all subsequent who wishes to file a rebuttal to any the maintenance of fair and orderly amendments, all written statements other person’s submission must file that markets and the requirements of Section with respect to the proposed rule 6(b)(5) of the Act. change that are filed with the 38 Id. In addition, the Commission Commission, and all written 39 15 U.S.C. 78f(b)(5). specifically seeks comment on whether communications relating to the 40 Section 19(b)(2) of the Act, as amended by the the proposed portfolio composition, proposed rule change between the Securities Act Amendments of 1975, Public Law Commission and any person, other than 94–29 (June 4, 1975), grants the Commission including the limitations thereon, is flexibility to determine what type of proceeding— sufficient to support a determination those that may be withheld from the either oral or notice and opportunity for written that the proposal is consistent with the public in accordance with the comments—is appropriate for consideration of a Act. For example, as discussed above, provisions of 5 U.S.C. 552, will be particular proposal by a self-regulatory available for website viewing and organization. See Securities Act Amendments of 1975, Senate Comm. on Banking, Housing & Urban 41 See Notice supra note 3. printing in the Commission’s Public Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30 42 See Notice, supra note 3, at 1072. Reference Room, 100 F Street NE, (1975). 43 See id. Washington, DC 20549, on official

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15889

business days between the hours of at the principal office of the Exchange, on a comparable rule of Cboe Exchange, 10:00 a.m. and 3:00 p.m. Copies of the and at the Commission’s Public Inc. (‘‘CBOE’’).4 filing also will be available for Reference Room. As CBOE explained in the proposed inspection and copying at the principal rule change adopting current CBOE Rule II. Self-Regulatory Organization’s office of the Exchange. All comments 24.9(e), Weekly Expirations and EOM Statement of the Purpose of, and received will be posted without change. options which are p.m.-settled are Persons submitting comments are Statutory Basis for, the Proposed Rule priced in the market based on cautioned that we do not redact or edit Change corresponding futures values. On the personal identifying information from In its filing with the Commission, the last day of trading, the closing prices of submissions. You should submit only Exchange included statements the component stocks (which are used information that you wish to make concerning the purpose of and basis for to derive the exercise settlement value) available publicly. All submissions the proposed rule change and discussed are known at 4:00 p.m. (Eastern Time) should refer to File Number SR– any comments it received on the (or soon after) when the equity markets NASDAQ–2017–128 and should be proposed rule change. The text of these close. Despite the fact that the exercise submitted on or before May 3, 2018. statements may be examined at the settlement value is fixed at or soon after Rebuttal comments should be submitted places specified in Item IV below. The 4:00 p.m. (Eastern Time), if trading in by May 17, 2018. Exchange has prepared summaries, set expiring Weekly Expirations and EOMs For the Commission, by the Division of forth in sections A, B, and C below, of were to continue for an additional Trading and Markets, pursuant to delegated the most significant aspects of such fifteen minutes until 4:15 p.m. (Eastern authority.44 statements. Time) they would not be priced on Eduardo A. Aleman, corresponding futures values, but rather A. Self-Regulatory Organization’s Assistant Secretary. the known cash value. At the same time, Statement of the Purpose of, and the the prices of non-expiring Weekly [FR Doc. 2018–07527 Filed 4–11–18; 8:45 am] Statutory Basis for, the Proposed Rule Expiration and EOM series would BILLING CODE 8011–01–P Change continue to move and be priced in 1. Purpose response to changes in corresponding SECURITIES AND EXCHANGE futures prices. Because of the potential COMMISSION The purpose of the proposed rule pricing divergence that could occur change is to clarify trading hours of between 4:00 and 4:15 p.m. on the final [Release No. 34–83005; File No. SR–Phlx– expiring Weekly Expirations and EOM trading day in expiring Weekly 2018–28] options on the last trading day.3 Expirations and EOMs (e.g., switch from Currently, Rule 1101A(b)(vii)(4) pricing off of futures to cash), the Self-Regulatory Organizations; Nasdaq provides that Transactions in Weekly Exchange believes that, in order to PHLX LLC; Notice of Filing and Expirations and EOMs may be effected mitigate potential investor confusion, it Immediate Effectiveness of Proposed on the Exchange between the hours of is appropriate to cease trading in Rule Change To Amend Exchange 9:30 a.m. (Eastern Time) and 4:15 p.m. expiring Weekly Expirations and EOMs Rule 1101A (Eastern Time). A separate rule, Rule at 4:00 p.m. on the last day of trading.5 1101A(c), applies to index option April 6, 2018. 2. Statutory Basis Pursuant to Section 19(b)(1) of the trading hours specifically on the day of Securities Exchange Act of 1934 expiration. That rule provides that, The Exchange believes that its (‘‘Act’’),1 and Rule 19b–4 thereunder,2 unless the Board of Directors has proposal is consistent with Section 6(b) 6 notice is hereby given that on March 28, established different hours of trading for of the Act, in general, and furthers the 7 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or certain index options, such option shall objectives of Section 6(b)(5) of the Act, ‘‘Exchange’’) filed with the Securities trade until 4:00 p.m. on the business in particular, in that it is designed to and Exchange Commission (‘‘SEC’’ or day of expiration or, in the case of an promote just and equitable principles of ‘‘Commission’’) the proposed rule option contract expiring on a day that is trade, to remove impediments to and change as described in Items I and II, not a business day, the business day perfect the mechanism of a free and below, which Items have been prepared prior to the expiration date. open market and a national market by the Exchange. The Commission is The Board of Directors has not system, and, in general to protect publishing this notice to solicit established different hours of trading investors and the public interest. As comments on the proposed rule change specifically for expiration days for noted above, the proposed rule change from interested persons. Weekly Expirations and EOMs. In order will state clearly the trading hours of to clarify that the trading hours set forth expiring Weekly Expirations and EOM I. Self-Regulatory Organization’s in Weekly Expirations and EOMs in options on the last trading day for those Statement of the Terms of Substance of Rule 1101A(b)(vii)(4) do not apply on options directly in the section of the the Proposed Rule Change expiration day pursuant to Rule rulebook dealing with those types of The Exchange proposes to amend 1101A(c), the Exchange proposes to add options. The added clarity will protect Exchange Rule 1101A, Terms of Option language to Rule 1101A(b)(vii)(4) stating Contracts, Section (b)(vii)(4) in order to 4 CBOE Rule 24.9(e)(4) provides that ‘‘[o]n the last that on the last trading day, transactions trading day, transactions in expiring Weekly clarify trading hours of expiring Weekly in expiring Weekly Expirations and Expirations and EOMs may be effected on the Expirations and End of Month (‘‘EOM’’) EOMs may be effected on the Exchange Exchange between the hours of 8:30 a.m. (Chicago options on the last trading day. between the hours of 9:30 a.m. (Eastern time) and 3:00 p.m. (Chicago time).’’ The text of the proposed rule change Time) and 4:00 p.m. (Eastern Time). The 5 See Securities Exchange Act Release No. 64243 is available on the Exchange’s website at (April 7, 2011), 76 FR 20771 (April 13, 2011) (SR– language proposed to be added is based CBOE–2011–038) (Notice of Filing and Immediate http://nasdaqphlx.cchwallstreet.com/, Effectiveness of Proposed Rule Change Regarding 3 The Exchange also proposes to place the caption Close of Trading Hours for Expiring End of Week 44 17 CFR 200.30–3(a)(57). to Rule 1101A(b)(vii) in bold type, to conform that and End of Month Expirations). 1 15 U.S.C. 78s(b)(1). caption to the other rule section captions in Rule 6 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. 1101A(b) for ease of reading. 7 15 U.S.C. 78f(b)(5).

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15890 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

investors and the public interest by A proposed rule change filed under Paper Comments 10 eliminating any potential for ambiguity Rule 19b–4(f)(6) normally does not • Send paper comments in triplicate or confusion on the part of the investing become operative for 30 days after the to Secretary, Securities and Exchange public regarding last trading day trading date of filing. However, pursuant to 11 Commission, 100 F Street NE, hours for these options. As noted above, Rule 19b–4(f)(6)(iii), the Commission Washington, DC 20549–1090. the proposed new language regarding may designate a shorter time if such trading hours on the last trading day of action is consistent with the protection All submissions should refer to File Weekly Expiration and EOM options of investors and the public interest. The Number SR–Phlx–2018–28. This file tracks similar CBOE language, thereby Exchange has asked the Commission to number should be included on the protecting investors and the public waive the 30-day operative delay so that subject line if email is used. To help the interest by eliminating any additional the proposal may become operative Commission process and review your potential for confusion. immediately upon filing. The comments more efficiently, please use Commission believes that waiving the only one method. The Commission will B. Self-Regulatory Organization’s 30-day operative delay is consistent post all comments on the Commission’s Statement on Burden on Competition with the protection of investors and the internet website (http://www.sec.gov/ The Exchange does not believe that public interest as it will allow the rules/sro.shtml). Copies of the the proposed rule change will impose Exchange to immediately conform the submission, all subsequent any burden on competition not trading hours for its Nonstandard amendments, all written statements necessary or appropriate in furtherance Expirations Pilot Program to that of with respect to the proposed rule of the purposes of the Act. The another exchange’s Nonstandard change that are filed with the Exchange does not believe that the Expirations Pilot Program, eliminate a Commission, and all written proposed rule change will impose any potential source of confusion on the part communications relating to the burden on competition not necessary or of the investing public, as well as avoid proposed rule change between the appropriate in furtherance of the potential pricing divergence difficulties Commission and any person, other than purposes of the Act. On the contrary, that could occur between 4:00 and 4:15 those that may be withheld from the the Exchange believes that the proposed p.m. (Eastern Time). The Exchange’s public in accordance with the amendment will benefit investors, proposal does not raise new issues. provisions of 5 U.S.C. 552, will be market participants, and the Accordingly, the Commission hereby available for website viewing and marketplace in general by eliminating a waives the 30-day operative delay printing in the Commission’s Public potential ambiguity in the Exchange’s requirement and designates the Reference Room, 100 F Street NE, rules and setting forth clearly the last proposed rule change as operative upon Washington, DC 20549, on official trading day trading hours for Weekly filing.12 business days between the hours of Expirations and EOM options in the At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the section of the index options rules filing of the proposed rule change, the filing also will be available for dealing specifically with those options. Commission summarily may inspection and copying at the principal C. Self-Regulatory Organization’s temporarily suspend such rule change if office of the Exchange. All comments Statement on Comments on the it appears to the Commission that such received will be posted without change. Proposed Rule Change Received From action is necessary or appropriate in the Persons submitting comments are Members, Participants, or Others public interest, for the protection of cautioned that we do not redact or edit investors, or otherwise in furtherance of personal identifying information from No written comments were either the purposes of the Act. If the comment submissions. You should solicited or received. Commission takes such action, the submit only information that you wish III. Date of Effectiveness of the Commission shall institute proceedings to make available publicly. All Proposed Rule Change and Timing for to determine whether the proposed rule submissions should refer to File Commission Action should be approved or disapproved. Number SR–Phlx–2018–28, and should be submitted on or before May 3, 2018. Because the proposed rule change IV. Solicitation of Comments does not (i) significantly affect the For the Commission, by the Division of Interested persons are invited to protection of investors or the public Trading and Markets, pursuant to delegated submit written data, views, and 13 interest; (ii) impose any significant authority. arguments concerning the foregoing, burden on competition; and (iii) become Eduardo A. Aleman, including whether the proposed rule operative for 30 days from the date on Assistant Secretary. change is consistent with the Act. which it was filed, or such shorter time [FR Doc. 2018–07525 Filed 4–11–18; 8:45 am] Comments may be submitted by any of as the Commission may designate if BILLING CODE 8011–01–P consistent with the protection of the following methods: investors and the public interest, the Electronic Comments proposed rule change has become • Use the Commission’s internet SMALL BUSINESS ADMINISTRATION effective pursuant to Section 19(b)(3)(A) comment form (http://www.sec.gov/ 8 of the Act and Rule 19b–4(f)(6) rules/sro.shtml); or [Disaster Declaration #15468 and #15469; 9 thereunder. • Send an email to rule-comments@ MICHIGAN Disaster Number MI–00064] sec.gov. Please include File Number SR– 8 Administrative Declaration of a 15 U.S.C. 78s(b)(3)(A). Phlx–2018–28 on the subject line. 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Disaster for the State of Michigan 4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange’s intent 10 17 CFR 240.19b–4(f)(6). AGENCY: U.S. Small Business to file the proposed rule change, along with a brief 11 17 CFR 240.19b–4(f)(6)(iii). Administration. description and text of the proposed rule change, 12 For purposes only of waiving the 30-day at least five business days prior to the date of filing operative delay, the Commission has also ACTION: Notice. of the proposed rule change, or such shorter time considered the proposed rule’s impact on as designated by the Commission. The Exchange efficiency, competition, and capital formation. See has satisfied this requirement. 15 U.S.C. 78c(f). 13 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15891

SUMMARY: This is a notice of an (Catalog of Federal Domestic Assistance Percent Administrative declaration of a disaster Number 59008) for the State of Michigan dated 03/30/ Dated: March 30, 2018. Non-Profit Organizations With- out Credit Available Else- 2018. Linda E. McMahon, where ...... 2.500 Incident: Severe Storms and Flooding. Administrator. Incident Period: 02/19/2018 through For Economic Injury: [FR Doc. 2018–07617 Filed 4–11–18; 8:45 am] 02/21/2018. Businesses & Small Agricultural BILLING CODE 8025–01–P Cooperatives Without Credit DATES: Issued on 03/30/2018. Available Elsewhere ...... 3.580 Physical Loan Application Deadline Non-Profit Organizations With- Date: 05/29/2018. SMALL BUSINESS ADMINISTRATION out Credit Available Else- Economic Injury (EIDL) Loan where ...... 2.500 Application Deadline Date: 12/31/2018. [Disaster Declaration # 15470 and # 15471; CALIFORNIA Disaster Number CA–00284] ADDRESSES: Submit completed loan The number assigned to this disaster for physical damage is 15470 5 and for applications to: U.S. Small Business Administrative Declaration of a economic injury is 15471 0. Administration, Processing and Disaster for the State of California Disbursement Center, 14925 Kingsport The State which received an EIDL Road, Fort Worth, TX 76155. AGENCY: U.S. Small Business Declaration # is California. FOR FURTHER INFORMATION CONTACT: A. Administration. (Catalog of Federal Domestic Assistance Escobar, Office of Disaster Assistance, ACTION: Notice. Number 59008) U.S. Small Business Administration, Dated: April 3, 2018. SUMMARY: This is a notice of an 409 3rd Street SW, Suite 6050, Linda E. McMahon, Washington, DC 20416, (202) 205–6734. Administrative declaration of a disaster for the State of California dated 04/03/ Administrator. SUPPLEMENTARY INFORMATION: Notice is 2018. [FR Doc. 2018–07618 Filed 4–11–18; 8:45 am] hereby given that as a result of the Incident: Pico Rivera Corsica BILLING CODE 8025–01–P Administrator’s disaster declaration, Apartment Complex Fire. applications for disaster loans may be Incident Period: 02/22/2018. filed at the address listed above or other DATES: Issued on 04/03/2018. SURFACE TRANSPORTATION BOARD locally announced locations. Physical Loan Application Deadline The following areas have been [STB Docket No. EP 670 (Sub-No. 1)] Date: 06/04/2018. determined to be adversely affected by Economic Injury (EIDL) Loan the disaster: Notice of Rail Energy Transportation Application Deadline Date: 01/03/2019. Advisory Committee Meeting Primary Counties: ADDRESSES: Submit completed loan Arenac, Berrien, Ingham, Kalamazoo applications to: U.S. Small Business AGENCY: Surface Transportation Board. Contiguous Counties: Administration, Processing and ACTION: Notice of Rail Energy Michigan Allegan, Barry, Bay, Branch, Disbursement Center, 14925 Kingsport Transportation Advisory Committee Calhoun, Cass, Clinton, Eaton, Gladwin, Road, Fort Worth, TX 76155. meeting. Iosco, Jackson, Livingston, Ogemaw, FOR FURTHER INFORMATION CONTACT: Saint Joseph, Shiawassee, Van Buren. A. SUMMARY: Notice is hereby given of a Indiana La Porte, St Joseph Escobar, Office of Disaster Assistance, meeting of the Rail Energy U.S. Small Business Administration, The Interest Rates are: Transportation Advisory Committee 409 3rd Street SW, Suite 6050, (RETAC), pursuant to the Federal Percent Washington, DC 20416, (202) 205–6734. Advisory Committee Act (FACA). SUPPLEMENTARY INFORMATION: Notice is DATES: The meeting will be held on For Physical Damage hereby given that as a result of the Thursday, April 26, 2018, at 9:00 a.m. Homeowners with Credit Avail- Administrator’s disaster declaration, E.D.T. able Elsewhere ...... 3.625 applications for disaster loans may be ADDRESSES: The meeting will be held in Homeowners without Credit filed at the address listed above or other Available Elsewhere ...... 1.813 the Hearing Room on the first floor of locally announced locations. The Businesses with Credit Avail- the Board’s headquarters at 395 E Street following areas have been determined to able Elsewhere ...... 7.160 SW, Washington, DC 20423. Businesses without Credit be adversely affected by the disaster: FOR FURTHER INFORMATION CONTACT: Available Elsewhere ...... 3.580 Primary Counties: Los Angeles Non-Profit Organizations with Contiguous Counties: Michael Higgins (202) 245–0284; Credit Available Elsewhere ... 2.500 California: Kern, Orange, San [email protected]. [Assistance Non-Profit Organizations with- Bernardino, Ventura for the hearing impaired is available out Credit Available Else- through the Federal Information Relay The Interest Rates are: where ...... 2.500 Service (FIRS) at: (800) 877–8339]. For Economic Injury Percent SUPPLEMENTARY INFORMATION: RETAC Businesses & Small Agricultural was formed in 2007 to provide advice Cooperatives without Credit For Physical Damage: Available Elsewhere ...... 3.580 and guidance to the Board, and to serve Homeowners With Credit Avail- Non-Profit Organizations with- as a forum for discussion of emerging able Elsewhere ...... 3.625 out Credit Available Else- issues related to the transportation of Homeowners Without Credit where ...... 2.500 energy resources by rail, including coal, Available Elsewhere ...... 1.813 ethanol, and other biofuels. Businesses With Credit Avail- The number assigned to this disaster able Elsewhere ...... 7.160 Establishment of a Rail Energy for physical damage is 15468 6 and for Businesses Without Credit Transportation Advisory Committee, economic injury is 15469 0. Available Elsewhere ...... 3.580 Docket No. EP 670. The purpose of this The States which received an EIDL Non-Profit Organizations With meeting is to continue discussions Declaration # are Michigan, Indiana. Credit Available Elsewhere ... 2.500 regarding issues such as rail

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15892 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

performance, capacity constraints, Airway Safety and Capacity Expansion • Mail: Send comments to Docket infrastructure planning and Act of 1987, Public Law 100–223 Operations, M–30; U.S. Department of development, and effective coordination (codified at 49 U.S.C. 50104), requires Transportation (DOT), 1200 New Jersey among suppliers, carriers, and users of the United States Trade Representative Avenue SE, Room W12–140, West energy resources. Potential agenda items to decide whether any foreign country Building Ground Floor, Washington, DC for this meeting include a performance has denied fair market opportunities to 20590–0001. measures review, industry segment U.S. products, suppliers, or bidders in • Hand Delivery or Courier: Take updates by RETAC members, a connection with airport construction comments to Docket Operations in presentation on energy transportation projects of $500,000 or more that are Room W12–140 of the West Building logistics, and a roundtable discussion. funded in whole or in part by the Ground Floor at 1200 New Jersey The meeting, which is open to the government of such country. The Office Avenue SE, Washington, DC, between 9 public, will be conducted in accordance of the U.S. Trade Representative has not a.m. and 5 p.m., Monday through with the Federal Advisory Committee received any complaints or other Friday, except Federal holidays. Act, 5 U.S.C. app. 2; Federal Advisory information that indicates that U.S. • Fax: Fax comments to Docket Committee Management regulations, 41 products, suppliers, or bidders are being Operations at 202–493–2251. CFR part 102–3; RETAC’s charter; and denied fair market opportunities in such Privacy: In accordance with 5 U.S.C. Board procedures. Further airport construction projects. As a 553(c), DOT solicits comments from the communications about this meeting may consequence, the United States Trade public to better inform its rulemaking be announced through the Board’s Representative has decided not to list process. DOT posts these comments, website at www.stb.gov. any countries as denying fair market without edit, including any personal Written Comments: Members of the opportunities for U.S. products, information the commenter provides, to public may submit written comments to suppliers, or bidders in foreign http://www.regulations.gov, as RETAC at any time. Comments should government-funded airport construction described in the system of records be addressed to RETAC, c/o Michael projects. notice (DOT/ALL–14 FDMS), which can Higgins, Surface Transportation Board, be reviewed at http://www.dot.gov/ 395 E Street SW, Washington, DC Jamieson Greer, privacy. 20423–0001 or Michael.Higgins@ Chief of Staff, Office of the United States Docket: Background documents or stb.gov. Trade Representative. comments received may be read at [FR Doc. 2018–07592 Filed 4–11–18; 8:45 am] Authority: 49 U.S.C. 1321, 49 U.S.C. http://www.regulations.gov at any time. 11101; 49 U.S.C. 11121. BILLING CODE 3190–F8–P Follow the online instructions for accessing the docket or go to the Docket Decided: April 6, 2018. Operations in Room W12–140 of the By the Board, Scott M. Zimmerman, Acting DEPARTMENT OF TRANSPORTATION West Building Ground Floor at 1200 Director, Office of Proceedings. New Jersey Avenue SE, Washington, Jeffrey Herzig, Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday Clearance Clerk. [Summary Notice No. PE–2018–32] through Friday, except Federal holidays. [FR Doc. 2018–07533 Filed 4–11–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: Jake BILLING CODE 4915–01–P Petition for Exemption; Summary of Troutman, (202) 683–7788 800 Petition Received; FlightScan Independence Avenue SW., Corporation Washington, DC 20591. OFFICE OF THE UNITED STATES This notice is published pursuant to AGENCY: Federal Aviation TRADE REPRESENTATIVE 14 CFR 11.85. Administration (FAA), DOT. Notice With Respect to List of ACTION: Notice. Issued in Washington, DC, on April 6, Countries Denying Fair Market 2018. Opportunities for Government-Funded SUMMARY: This notice contains a Lirio Liu, Airport Construction Projects summary of a petition seeking relief Director, Office of Rulemaking. from specified requirements of Title 14 Petition for Exemption AGENCY: Office of the United States of the Code of Federal Regulations. The Trade Representative. purpose of this notice is to improve the Docket No.: FAA–2017–1065. ACTION: Notice. public’s awareness of, and participation Petitioner: FlightScan Corporation. in, the FAA’s exemption process. Section(s) of 14 CFR Affected: SUMMARY: This notice announces that Neither publication of this notice nor §§ 45.23(b); 45.29(b)(3); 91.9(b); the United States Trade Representative the inclusion or omission of information 91.105(a)(2), (b); 91.107; 91.109; has determined not to list any countries in the summary is intended to affect the 91.113(b); 91.119; 91.121; 91.203; as denying fair market opportunities for legal status of the petition or its final 91.205(b)(13), (14), (15) & (17); 91.207. U.S. products, suppliers, or bidders in disposition. Description of Relief Sought: The foreign government-funded airport petitioner is requesting relief in order to construction projects. DATES: Comments on this petition must operate the Schiebel CAMCOPTER S– FOR FURTHER INFORMATION CONTACT: identify the petition docket number and 100, a medium risk (ICAO Risk Class III) Scott Pietan, International Procurement must be received on or before May 2, vertical takeoff and landing (VTOL) Negotiator, [email protected] or 2018. Unmanned Aircraft System (UAS), with 202–395–9646, or Arthur Tsao, ADDRESSES: Send comments identified a maximum takeoff weight of 440 Assistant General Counsel, Arthur_N_ by docket number FAA–2017–1065 pounds. The requested operation would [email protected] or 202–395–6987. using any of the following methods: allow the petitioner to provide SUPPLEMENTARY INFORMATION: Section • Federal eRulemaking Portal: Go to commercial aerial monitoring during the 533 of the Airport and Airway http://www.regulations.gov and follow day of critical national infrastructure Improvement Act of 1982, as amended the online instructions for sending your beyond the visual line of sight (BVLOS) by section 115 of the Airport and comments electronically. in the United States, as stipulated in

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15893

section 2210 of the FAA Extension, http://www.regulations.gov at any time. must be received on or before May 2, Safety, and Security Act of 2016. Follow the online instructions for 2018. [FR Doc. 2018–07578 Filed 4–11–18; 8:45 am] accessing the docket or go to the Docket ADDRESSES: Send comments identified BILLING CODE 4910–13–P Operations in Room W12–140 of the by docket number FAA–2018–0088 West Building Ground Floor at 1200 using any of the following methods: New Jersey Avenue SE., Washington, • Federal eRulemaking Portal: Go to DEPARTMENT OF TRANSPORTATION DC, between 9 a.m. and 5 p.m., Monday http://www.regulations.gov and follow through Friday, except Federal holidays. the online instructions for sending your Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: comments electronically. [Summary Notice No. 2018–30] Clarence Garden (202) 267–7489, Office • Mail: Send comments to Docket of Rulemaking, Federal Aviation Operations, M–30; U.S. Department of Petition for Exemption; Summary of Administration, 800 Independence Transportation (DOT), 1200 New Jersey Petition Received; Cruiser Aircraft, Inc. Avenue SW., Washington, DC 20591. Avenue SE, Room W12–140, West This notice is published pursuant to AGENCY: Federal Aviation Building Ground Floor, Washington, DC 14 CFR 11.85. Administration (FAA), DOT. 20590–0001. • Hand Delivery or Courier: Take ACTION: Notice. Issued in Washington, DC. Lirio Liu, comments to Docket Operations in Room W12–140 of the West Building SUMMARY: This notice contains a Executive Director, Office of Rulemaking. summary of a petition seeking relief Ground Floor at 1200 New Jersey from specified requirements of Federal Petition for Exemption Avenue SE, Washington, DC, between 9 Aviation Regulations. The purpose of Docket No.: FAA–2018–0148 a.m. and 5 p.m., Monday through this notice is to improve the public’s Friday, except Federal holidays. Petitioner: Cruiser Aircraft, Inc. • awareness of, and participation in, the Section(s) of 14 CFR Affected: Fax: Fax comments to Docket FAA’s exemption process. Neither 21.190(c)(2) Operations at 202–493–2251. publication of this notice nor the Description of Relief Sought: Cruiser Privacy: In accordance with 5 U.S.C. inclusion or omission of information in Aircraft, Inc., as the authorized 553(c), DOT solicits comments from the the summary is intended to affect the representative of Czech Sport Aircraft public to better inform its rulemaking legal status of the petition or its final a.s. (CSA), is seeking an exemption from process. DOT posts these comments, disposition. Title 14 of the Code of Regulations without edit, including any personal information the commenter provides, to DATES: Comments on this petition must Section 21.190(c)(2) to the extent http://www.regulations.gov, as identify the petition docket number and necessary to allow Sport Cruiser special described in the system of records must be received on or before May 2, light sport-aircraft (SLSA) manufactured notice (DOT/ALL–14 FDMS), which can 2018. by CSA that otherwise comply with the applicable consensus standard to be be reviewed at http://www.dot.gov/ ADDRESSES: Send comments identified certified or deemed airworthy without a privacy. by docket number FAA–2018–0148 manufacturer’s instruction prohibiting Docket: Background documents or using any of the following methods: comments received may be read at • instrument flight rules (IFR) operation. Federal eRulemaking Portal: Go to http://www.regulations.gov at any time. http://www.regulations.gov and follow [FR Doc. 2018–07575 Filed 4–11–18; 8:45 am] Follow the online instructions for the online instructions for sending your BILLING CODE 4910–13–P accessing the docket or go to the Docket comments electronically. Operations in Room W12–140 of the • Mail: Send comments to Docket DEPARTMENT OF TRANSPORTATION West Building Ground Floor at 1200 Operations, M–30, U.S. Department of New Jersey Avenue SE, Washington, Transportation (DOT), 1200 New Jersey Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday Avenue SE., Room W12–140, West through Friday, except Federal holidays. Building Ground Floor, Washington, DC [Summary Notice No. 2018–24] FOR FURTHER INFORMATION CONTACT: 20590–0001. • Hand Delivery or Courier: Take Petition for Exemption; Summary of Steven Barksdale (202) 267–7977, Office comments to Docket Operations in Petition Received; Embraer Executive of Rulemaking, Federal Aviation Room W12–140 of the West Building Aircraft, Inc. Administration, 800 Independence Ground Floor at 1200 New Jersey Avenue SW, Washington, DC 20591. AGENCY: Avenue SE., Washington, DC, between 9 Federal Aviation This notice is published pursuant to a.m. and 5 p.m., Monday through Administration (FAA), DOT. 14 CFR 11.85. Friday, except Federal holidays. ACTION: Notice. Issued in Washington, DC. • Fax: Fax comments to Docket Lirio Liu, SUMMARY: This notice contains a Operations at 202–493–2251. Executive Director, Office of Rulemaking. Privacy: In accordance with 5 U.S.C. summary of a petition seeking relief 553(c), DOT solicits comments from the from specified requirements of Federal Petition for Exemption Aviation Regulations. The purpose of public to better inform its rulemaking Docket No.: FAA–2018–0088. this notice is to improve the public’s process. DOT posts these comments, Petitioner: Embraer Executive awareness of, and participation in, the without edit, including any personal Aircraft, Inc. information the commenter provides, to FAA’s exemption process. Neither Section(s) of 14 CFR Affected: 91.9(a), http://www.regulations.gov, as publication of this notice nor the 61.55(g), and 61.3(a)(1). described in the system of records inclusion or omission of information in Description of Relief Sought: Embraer notice (DOT/ALL–14 FDMS), which can the summary is intended to affect the Executive Aircraft, Inc. requests an be reviewed at http://www.dot.gov/ legal status of the petition or its final exemption from the requirements of 14 privacy. disposition. CFR §§ 91.9(a) and 61.3(a)(1). This Docket: Background documents or DATES: Comments on this petition must exemption, if granted, would apply to comments received may be read at identify the petition docket number and N-registered aircraft that require two

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15894 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

pilots and would permit Embraer to Tuesday June 19, 2018, 9:00 a.m.–5:00 Communications (WAIC) Joint Plenary allow foreign licensed customer pilots p.m. with EUROCAE Working Group 96. to serve as second-in-command pilots 6. Working Group of the Whole Meeting DATES: The meeting will be held May 22 under the applicable guidelines of to Review the Structure Changes 1:00 p.m.–5:00 p.m. and May 23–25, § 61.55(g) and in accordance with the 2018, 9:00 a.m.–5:00 p.m. Wednesday June 20, 2018, 9:00 a.m.– applicable provisions of ADDRESSES: The meeting will be held at: ‘‘Recommended Practices and 5:00 p.m. Airbus, Saint Martin du Touch, 26 Guidelines for Evaluation Flights in the 7. Working Group of the Whole Meeting Chemin de l’Espeissie`re, 31300 US.’’ published by GAMA. to Review the Structure Changes Toulouse. [FR Doc. 2018–07577 Filed 4–11–18; 8:45 am] Thursday June 21, 2018, 9:00 a.m.–5:00 FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–13–P p.m. Rebecca Morrison at [email protected] 8. Working Group of the Whole Meeting or 202–330–0654, or The RTCA DEPARTMENT OF TRANSPORTATION to Review the Structure Changes Secretariat, 1150 18th Street NW, Suite 910, Washington, DC 20036, or by Federal Aviation Administration Friday June 22, 2018, 9:00 a.m.–4:00 telephone at (202) 833–9339, fax at (202) p.m. 833–9434, or website at http:// Fifteenth RTCA SC–229 406 MHz ELT 9. Action Item Review www.rtca.org. Joint Plenary With EUROCAE Working 10. Consider a Motion to Open Final SUPPLEMENTARY INFORMATION: Pursuant Group 98 Review and Comment/Open to section 10(a) (2) of the Federal Consultation on the Revision to AGENCY: Federal Aviation Advisory Committee Act (Pub. L. 92– Administration (FAA), U.S. Department RTCA/DO–204B, EUROCAE ED– 463, 5 U.S.C., App.), notice is hereby of Transportation (DOT). 62B given for a meeting of the Fifth RTCA 11. Future Meeting Plans and Dates for SC–236 Wireless Airborne Intra ACTION: Fifteenth RTCA SC–229 406 Formal Frac/Open Consultation Communications (WAIC) Joint Plenary MHz ELT Joint Plenary with EUROCAE 12. Presentations with EUROCAE Working Group 96. The Working Group 98. 13. Other Business agenda will include the following: 14. Adjourn SUMMARY: The FAA is issuing this notice Attendance is open to the interested Tuesday, May 22, 2018 1:00 p.m.–5:00 to advise the public of a meeting of p.m. Fifteenth RTCA SC–229 406 MHz ELT public but limited to space availability. Joint Plenary with EUROCAE Working With the approval of the chairman, 1. Welcome/Administrative Duties 2. IPR/Membership Call–Out and Group 98. members of the public may present oral statements at the meeting. Persons Introductions DATES: The meeting will be held June wishing to present statements or obtain 3. Acceptance of Meeting Minutes for 18–22, 2018, 9:00 a.m.–5:00 p.m. information should contact the person the Third Joint Plenary of SC–236/ ADDRESSES: The meeting will be held at: listed in the FOR FURTHER INFORMATION WG–96 Held at RTCA in February RTCA Headquarters, 1150 18th Street CONTACT section. Members of the public 2018 NW, Suite 910, Washington, DC 20036. may present a written statement to the 4. Review Plenary Agenda and Sub- FOR FURTHER INFORMATION CONTACT: committee at any time. Working Group Schedule Including Rebecca Morrison at [email protected] Delivery Schedule for White Paper Issued in Washington, DC, on April 9, and Mops or 202–330–0654, or The RTCA 2018. 5. Break Into Sub–Working Group Secretariat, 1150 18th Street NW, Suite Michelle Swearingen, 910, Washington, DC 20036, or by Meetings When Plenary Business Systems and Equipment Standards Branch, Complete telephone at (202) 833–9339, fax at (202) AIR–6B0, Policy and Innovation Division, 833–9434, or website at http:// AIR–600, Federal Aviation Administration. Wednesday, May 23–Thursday, May 24, www.rtca.org. [FR Doc. 2018–07570 Filed 4–11–18; 8:45 am] 2018, 9:00 a.m.–5:00 p.m. SUPPLEMENTARY INFORMATION: Pursuant BILLING CODE 4910–13–P 6. Continue With Plenary or Sub- to section 10(a)(2) of the Federal Working Group Meetings Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., App.), notice is hereby DEPARTMENT OF TRANSPORTATION Friday, May 25, 2018, 9:00 a.m.–5:00 given for a meeting of the Fifteenth p.m. RTCA SC–229 406 MHz ELT Joint Federal Aviation Administration 7. Continue With Plenary or Sub- Plenary with EUROCAE Working Group Fifth RTCA SC–236 Wireless Airborne Working Group Meetings 98. The agenda will include the Intra Communications (WAIC) Joint 8. Reports of the Sub-Working Groups following: Plenary With EUROCAE Working 9. Status and Review of the Draft Paper SC–236 Intermediate Report Monday June 18, 2018, 9:00 a.m.–5:00 Group 96 (Dedicated for ICAO Job Card) p.m. AGENCY: Federal Aviation 10. Review of Special Committee 1. Welcome/Introductions/ Administration (FAA), U.S. Department Schedule Administrative Remarks/DFO FAA of Transportation (DOT). 11. Approve Changes and Updates to Statement ACTION: Fifth RTCA SC–236 Wireless the Terms of Reference 2. Agenda Overview and Approval Airborne Intra Communications (WAIC) 12. New Business Discussions 3. Minutes Toulouse Meeting Review Joint Plenary with EUROCAE Working 13. Review of Action Items and Approval Group 96. 14. Plan for Next Meeting 4. Week’s Plan 15. Adjourn 5. Working Group of the Whole Meeting SUMMARY: The FAA is issuing this notice Attendance is open to the interested (Rest of the Day) to Review the to advise the public of a meeting of Fifth public but limited to space availability. Structure Changes RTCA SC–236 Wireless Airborne Intra With the approval of the chairman,

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15895

members of the public may present oral • Fax: Fax comments to Docket Aeronautical Databases Joint Plenary statements at the meeting. Registration Operations at 202–493–2251. with EUROCAE Working Group 44. is required for attendance. Persons Privacy: In accordance with 5 U.S.C. DATES: The meeting will be held June wishing to register, to present 553(c), DOT solicits comments from the 18–21, 2018, 9:00 a.m.–5:00 p.m. statements, or to obtain information public to better inform its rulemaking ADDRESS: The meeting will be held at: should contact the person listed in the process. DOT posts these comments, RTCA Headquarters, 1150 18th Street FOR FURTHER INFORMATION CONTACT without edit, including any personal NW, Suite 910, Washington, DC 20036. section. Members of the public may information the commenter provides, to FOR FURTHER INFORMATION, CONTACT: present a written statement to the http://www.regulations.gov, as Rebecca Morrison at [email protected] committee at any time. described in the system of records or 202–330–0654, or The RTCA Issued in Washington, DC on April 9, 2018. notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ Secretariat, 1150 18th Street NW, Suite Michelle Swearingen, privacy. 910, Washington, DC 20036, or by Systems and Equipment Standards Branch, Docket: Background documents or telephone at (202) 833–9339, fax at (202) AIR–6B0, Policy and Innovation Division, 833–9434, or website at http:// AIR–600, Federal Aviation Administration. comments received may be read at http://www.regulations.gov at any time. www.rtca.org. [FR Doc. 2018–07571 Filed 4–11–18; 8:45 am] Follow the online instructions for SUPPLEMENTARY INFORMATION: Pursuant BILLING CODE 4910–13–P accessing the docket or go to the Docket to section 10(a)(2) of the Federal Operations in Room W12–140 of the Advisory Committee Act (Pub. L. 92– DEPARTMENT OF TRANSPORTATION West Building Ground Floor at 1200 463, 5 U.S.C., App.), notice is hereby New Jersey Avenue SE, Washington, given for a meeting of the Thirty Third Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday RTCA SC–217 Aeronautical Databases through Friday, except Federal holidays. Joint Plenary with EUROCAE Working [Summary Notice No. 2018–29] FOR FURTHER INFORMATION CONTACT: Group 44. The agenda will include the Keira Jones, (202) 267–9677, Office of following: Petition for Exemption; Summary of Rulemaking, Federal Aviation Petition Received; Turtles Fly Too, Inc. Monday June 18, 2018, 9:00 a.m.–5:00 Administration, 800 Independence p.m. Avenue SW, Washington, DC 20591. AGENCY: Federal Aviation This notice is published pursuant to 1. Opening Plenary Session Administration (FAA), DOT. 14 CFR 11.85. A. Co–Chairmen’s Remarks and ACTION: Notice. Introductions Issued in Washington, DC, on April 6, B. Housekeeping & Meeting Logistics SUMMARY: This notice contains a 2018. C. DFO Statement and RTCA/ summary of a petition seeking relief Lirio Liu, EUROCAE IP and Membership from specified requirements of Federal Executive Director, Office of Rulemaking. Policies Aviation Regulations. The purpose of Petition for Exemption D. Approve Minutes From 32nd this notice is to improve the public’s Meeting of SC–217/WG–44 awareness of, and participation in, the Docket No.: FAA–2017–1167. E. Review And Approve Meeting FAA’s exemption process. Neither Petitioner: Turtles Fly Too, Inc. Agenda for 33rd Meeting of SC– Section(s) of 14 CFR Affected: publication of this notice nor the 217/WG–44 inclusion or omission of information in § 61.113(c). F. Action Item List Review Description of Relief Sought: The the summary is intended to affect the 2. Working Group Sessions legal status of the petition or its final petitioner seeks relief from § 61.113(c) disposition. to the extent necessary to allow Turtles Tuesday, June 19, 2018, 9:00 a.m.–5:00 Fly Too to reimburse its volunteer pilots p.m. DATES: Comments on this petition must for fuel costs incurred while conducting 3. Working Group Sessions identify the petition docket number and charitable flights for humanitarian must be received on or before May 2, assistance to animals. Wednesday June 20, 2018, 9:00 a.m.– 2018. [FR Doc. 2018–07576 Filed 4–11–18; 8:45 am] 5:00 p.m. ADDRESSES: Send comments identified BILLING CODE 4910–13–P 4. Working Group Sessions by docket number FAA–2017–1167 using any of the following methods: Thursday June 21, 2018, 9:00 a.m.–5:00 • Federal eRulemaking Portal: Go to DEPARTMENT OF TRANSPORTATION p.m. http://www.regulations.gov and follow 5. Working Group Sessions the online instructions for sending your Federal Aviation Administration 6. Closing Plenary Session comments electronically. A. Meeting Wrap-Up: Main • Mail: Send comments to Docket Thirty Third RTCA SC–217 Conclusions and Way Forward Operations, M–30; U.S. Department of Aeronautical Databases Joint Plenary B. Review of Action Items Transportation (DOT), 1200 New Jersey With EUROCAE Working Group 44 C. FRAC Readiness Assessment/ Avenue SE, Room W12–140, West AGENCY: Federal Aviation Approval Building Ground Floor, Washington, DC Administration (FAA), U.S. Department D. Next Meetings 20590–0001. of Transportation (DOT). E. Future of SC–217/WG–44 • F. Consider and Review Any TOR Hand Delivery or Courier: Take ACTION: Thirty Third RTCA SC–217 Changes for SC–217/WG–44 comments to Docket Operations in Aeronautical Databases Joint Plenary G. Any Other Business Room W12–140 of the West Building with EUROCAE Working Group 44. Ground Floor at 1200 New Jersey 7. Adjourn Avenue SE, Washington, DC, between 9 SUMMARY: The FAA is issuing this notice Attendance is open to the interested a.m. and 5 p.m., Monday through to advise the public of a meeting of public but limited to space availability. Friday, except Federal holidays. Thirty Third RTCA SC–217 With the approval of the chairman,

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15896 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

members of the public may present oral mts/marine-transportation-system- (1) Contact Information for the statements at the meeting. Persons national-advisory-committee-mtsnac/. nominee, consisting of: wishing to present statements or obtain SUPPLEMENTARY INFORMATION: a. Name information should contact the person b. Title listed in the FOR FURTHER INFORMATION I. Who should be considered for c. Organization or Affiliation CONTACT section. Members of the public nomination as MTSNAC members? d. Address may present a written statement to the The MARAD seeks nominations for e. City, State, Zip committee at any time. consideration to fill open positions on f. Telephone number Issued in Washington, DC, on April 9, the Committee for the upcoming 2018– g. Email address 2018. 2020 charter term, and will continue to (2) Statement of interest limited to Michelle Swearingen, accept nominations under this notice on 250 words on why the nominee wants Systems and Equipment Standards Branch, an on-going basis for 2 years for to serve on the MTSNAC and the unique AIR–6B0, Policy and Innovation Division, consideration to fill vacancies that may perspectives and experiences the AIR–600, Federal Aviation Administration. arise during the charter term. Member nominee brings to the Committee; [FR Doc. 2018–07569 Filed 4–11–18; 8:45 am] appointment terms run for two years (3) Resume limited to 3 pages BILLING CODE 4910–13–P concurrently with the Committee describing professional and academic charter. Members will be selected in expertise, experience, and knowledge, accordance with applicable Agency including any relevant experience DEPARTMENT OF TRANSPORTATION guidelines based upon their ability to serving on advisory committees, past advise the Administrator on marine and present; and Maritime Administration transportation issues. Members will be (4) An affirmative statement that the Notice of Solicitation of Nominations selected with a view toward a varied nominee is not a federally registered for Membership for the U.S. Maritime perspective of the marine transportation lobbyist seeking to serve on the Transportation System National industry, including (1) active mariners; Committee in their individual capacity Advisory Committee (2) vessel operators; (3) ports and and the identity of the interests they terminal operators; (4) shippers or intend to represent if appointed as AGENCY: Maritime Administration, U.S. beneficiary cargo owners; (5) member of the Committee; and Department of Transportation. shipbuilders; (6) relevant policy areas (5) Optional letters of support. ACTION: Notice of solicitation for such as innovative financing, economic Please do not send company, trade membership. competitiveness, performance association, organization brochures, or monitoring, safety, labor, and any other promotional information. SUMMARY: Pursuant to authority environment; (7) freight customers and Materials submitted should total five delegated by the Secretary of providers; and (8) government bodies. pages or less and must be in a 12 font, Transportation (Secretary) to the Registered lobbyists are prohibited from formatted in Microsoft Word or PDF. Maritime Administrator serving on Federal Advisory Should more information be needed, (Administrator), the Maritime Committees in their individual MARAD staff will contact the nominee, Administration (MARAD) requests capacities. The prohibition does not obtain information from the nominee’s nominations for membership on the apply if registered lobbyists are past affiliations, or obtain information U.S. Maritime Transportation System specifically appointed to represent the from publicly available sources. If you National Advisory Committee interests of a nongovernmental entity, a are interested in applying to become a (Committee or MTSNAC). recognizable group of persons or member of the Committee, send a DATES: Nominations for immediate nongovernmental entities (an industry completed application package by email consideration for appointment must be sector, labor unions, environmental to [email protected] or by mail to received on or before 5:00 p.m. ET on groups, etc.) or State or local MTSNAC–DFO, Room W21–310, U.S. May 29, 2018. After that date, MARAD governments. Registered lobbyists are Department of Transportation, 1200 will continue to accept applications lobbyists required to comply with New Jersey Ave. SE, Washington, DC under this notice for a period of up to provisions contained in the Lobbying 20590. Applications must be received 2 years from the deadline to fill any Disclosure Act of 1995 (Pub. L. 110–81). on or before 5:00 p.m. ET on March 31, vacancies that may arise. The Agency 2018; however, candidates are II. Do MTSNAC members receive encourages nominations submitted any encouraged to send application any time compensation and/or per diem? time before the deadline. before the deadline. ADDRESSES: Interested candidates may Committee members will receive no submit a completed application by one salary for the participation in MTSNAC IV. How will MARAD select MTSNAC of the following methods: activities. While attending meetings or members? • Email: [email protected], subject when otherwise engaged in Committee A selection team comprised of line: MTSNAC Application. business, members may be reimbursed representatives from MARAD will • Mail: MARAD–MTSNAC for travel and per diem expenses as review the application packages. The Designated Federal Officer, Room W21– permitted under applicable Federal selection team will make 310, U.S. Department of Transportation, travel regulations. Reimbursement is recommendations regarding 1200 New Jersey Ave. SE, Washington, subject to funding availability. membership to the Administrator based DC 20590, please include name, mailing on the following criteria: (1) III. What is the process for submitting address and telephone number. Professional or academic expertise, nominations? FOR FURTHER INFORMATION CONTACT: experience, and knowledge; (2) Jeffrey Flumignan, Designated Federal Individuals can self-apply or be stakeholder representation; (3) Officer, at [email protected] or at (212) nominated by any individual or availability and willingness to serve; 668–2064. Please visit the MTSNAC organization. To be considered for the and (4) relevant experience in working website at http://www.marad.dot.gov/ MTSNAC, nominators should submit in committees and advisory panels. ports/marine-transportation-system- the following information: Nominations are open to all individuals

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15897

without regard to race, color, religion, applications are being solicited before DEPARTMENT OF THE TREASURY sex, national origin, age, mental or the FY 2019 budget has been approved, physical disability, marital status, or cooperative agreements will be entered Internal Revenue Service sexual orientation. into subject to the appropriation of Community Volunteer Income Tax funds. (Authority: 49 CFR part 1.93(a); 5 U.S.C. Assistance (VITA) Matching Grant 552b; 41 CFR parts 102–3; 5 U.S.C. app. Dated: March 29, 2018. Program—Availability of Application Sections 1–16) Carol Quiller, for Federal Financial Assistance * * * * * Chief, Grant Program Office IRS, Stakeholder By Order of the Maritime Administrator. AGENCY: Internal Revenue Service (IRS), Partnerships, Education & Communication. Treasury. Dated: April 9, 2018. [FR Doc. 2018–07568 Filed 4–11–18; 8:45 am] ACTION: Notice. T. Mitchell Hudson, Jr., BILLING CODE 4830–01–P Secretary, Maritime Administration. SUMMARY: This document provides [FR Doc. 2018–07565 Filed 4–11–18; 8:45 am] notice of the availability of the BILLING CODE 4910–81–P DEPARTMENT OF THE TREASURY application package for the 2019 Community Volunteer Income Tax Internal Revenue Service Assistance (VITA) Matching Grant DEPARTMENT OF THE TREASURY Program. Publication of Nonconventional Source DATES: Application instructions are Internal Revenue Service Production Credit Reference Price for available electronically from the IRS on Calendar Year 2017 Tax Counseling for the Elderly (TCE) May 1, 2018 by visiting: IRS.gov (key word search— ‘‘VITA Grant’’). Program Availability of Application AGENCY: Internal Revenue Service (IRS), Packages Application packages are available on Treasury. May 1, 2018 by visiting Grants.gov and AGENCY: Internal Revenue Service (IRS), ACTION: Notice. searching with the Catalog of Federal Treasury. Domestic Assistance (CFDA) number ACTION: Notice. SUMMARY: Publication of the reference 21.009. The deadline for applying to the IRS through Grants.gov for the SUMMARY: This document provides price for the nonconventional source Community VITA Matching Grant notice of the availability of Application production credit for calendar year Program is May 31, 2018. All Packages for the 2018 Tax Counseling 2017. applications must be submitted through for the Elderly (TCE) Program. FOR FURTHER INFORMATION CONTACT: Grants.gov. DATES: Application instructions are Martha Garcia, CC:PSI:6, Internal ADDRESSES: Internal Revenue Service, available electronically from the IRS on Revenue Service, 1111 Constitution Grant Program Office, 401 West May 1, 2018 by visiting: IRS.gov (key Peachtree St. NW, Suite 1645, Stop 420– word search—‘‘TCE’’) or through Avenue NW., Washington, DC 20224, D, Atlanta, GA 30308. Grants.gov. The deadline for submitting Telephone Number (202) 317–6853 (not an application package to the IRS for the a toll-free number). FOR FURTHER INFORMATION CONTACT: Grant Program Office via their email Tax Counseling for the Elderly (TCE) SUPPLEMENTARY INFORMATION: The credit address at Grant.Program.Office@ Program is May 31, 2018. All period for nonconventional source irs.gov. applications must be submitted through production credit ended on December Grants.gov. 31, 2013 for facilities producing coke or SUPPLEMENTARY INFORMATION: Authority ADDRESSES: Internal Revenue Service, coke gas (other than from petroleum for the Community Volunteer Income Grant Program Office, 5000 Ellin Road, based products). However, the reference Tax Assistance (VITA) Matching Grant NCFB C4–110, price continues to apply in determining Program is contained in the SE:W:CAR:SPEC:FO:GPO, Lanham, the amount of the enhanced oil recovery Consolidated Appropriations Act, 2018, Maryland 20706. credit under section 43 of title 26 of the Public Law 115–141. FOR FURTHER INFORMATION CONTACT: U.S.C., the marginal well production Dated: March 29, 2018. Grant Program Office via their email credit under section 45I of title 26 of the Carol Quiller, address at [email protected] . U.S.C., and the percentage depletion in Chief, Grant Program Office, IRS, Stakeholder SUPPLEMENTARY INFORMATION: Authority case of oil and natural gas produced Partnerships, Education & Communication. for the Tax Counseling for the Elderly from marginal properties under section [FR Doc. 2018–07567 Filed 4–11–18; 8:45 am] (TCE) Program is contained in Section 613A of title 26 of the U.S.C. BILLING CODE 4830–01–P 163 of the Revenue Act of 1978, Public The reference price under section Law 95–600, (92 Stat. 12810), November 6, 1978. Regulations were published in 45K(d)(2)(C) of title 26 of the U.S.C. for DEPARTMENT OF THE TREASURY the Federal Register at 44 FR 72113 on calendar year 2017 applies for purposes December 13, 1979. Section 163 gives of sections 43, 45I, and 613A for taxable Agency Information Collection the IRS authority to enter into year 2018. Activities; Submission for OMB cooperative agreements with private or Reference Price: The reference price Review; Comment Request; Multiple public non-profit agencies or under section 45K(d)(2)(C) for calendar IRS Information Requests organizations to establish a network of year 2017 is $48.05. AGENCY: Departmental Offices, U.S. trained volunteers to provide free tax Christopher T. Kelley, Department of the Treasury. information and return preparation ACTION: Notice. assistance to elderly individuals. Special Counsel (Passthroughs and Special Elderly individuals are defined as Industries). SUMMARY: The Department of the individuals age 60 and over at the close [FR Doc. 2018–07579 Filed 4–11–18; 8:45 am] Treasury will submit the following of their taxable year. Because BILLING CODE 4830–01–P information collection requests to the

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15898 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

Office of Management and Budget Form: CT–2. Form: None. (OMB) for review and clearance in Affected Public: Individuals and Affected Public: Businesses or other accordance with the Paperwork Households. for-profits. Reduction Act of 1995, on or after the Estimated Total Annual Burden Estimated Total Annual Burden date of publication of this notice. The Hours: 132. Hours: 326,436. public is invited to submit comments on 2. Title: Revenue Procedure 2017–52; these requests. 2017–1; 2017–3, Rulings and Authority: 44 U.S.C. 3501 et seq. DATES: Comments should be received on determination letters—26 CFR 601–.201. Dated: April 9, 2018. or before May 14, 2018 to be assured of OMB Control Number: 1545–1522. Spencer W. Clark, consideration. Type of Review: Extension without Treasury PRA Clearance Officer. ADDRESSES: Send comments regarding change of a currently approved [FR Doc. 2018–07594 Filed 4–11–18; 8:45 am] the burden estimate, or any other aspect collection. BILLING CODE 4830–01–P of the information collection, including Abstract: Rev. Proc. 2017–52 (1) suggestions for reducing the burden, to introduces a pilot program expanding (1) Office of Information and Regulatory the scope of letter rulings available from United States Institute of Peace Affairs, Office of Management and the Internal Revenue Service (Service) Budget, Attention: Desk Officer for to include rulings on the tax Notice of Meeting Treasury, New Executive Office consequences of a distribution of stock Agency: United States Institute of Building, Room 10235, Washington, DC and securities of a controlled Peace. 20503, or email at OIRA_Submission@ corporation under § 355 for a specified OMB.EOP.gov and (2) Treasury PRA period of time (see section 6 of this Date/Time: Friday, April 20, 2018 Clearance Officer, 1750 Pennsylvania revenue procedure), (2) provides (10:00 a.m.–12:15 p.m.). Ave. NW, Suite 8142, Washington, DC procedures for taxpayers requesting Location: 2301 Constitution Avenue 20220, or email at [email protected]. these rulings, and (3) clarifies NW, Washington, DC 20037. FOR FURTHER INFORMATION CONTACT: procedures for taxpayers requesting Status: Open Session—Portions may Copies of the submissions may be rulings on significant issues relating to be closed pursuant to Subsection (c) of obtained from Jennifer Quintana by these transactions. Section 552(b) of Title 5, United States emailing [email protected], calling These previously approved Revenue Code, as provided in subsection (202) 622–0489, or viewing the entire Procedures explain how the Service 1706(h)(3) of the United States Institute information collection request at provides advice to taxpayers on issues of Peace Act, Public Law 98–525. www.reginfo.gov. under the jurisdiction of the Associate Agenda: April 20, 2018 Board Chief Counsel (Corporate), the Associate SUPPLEMENTARY INFORMATION: Meeting: Chairman’s Report; Vice Chief Counsel (Financial Institutions Chairman’s Report; President’s Report; Internal Revenue Service (IRS) and Products), the Associate Chief Approval of Minutes of the One 1. Title: Employee Representative’s Counsel (Income Tax and Accounting), Hundred and Sixty Fifth Meeting Quarterly Railroad Tax Return. the Associate Chief Counsel (January 19, 2018) of the Board of OMB Control Number: 1545–0002. (International), the Associate Chief Directors; Reports from USIP Board Type of Review: Extension without Counsel (Passthroughs and Special Committees; Iraq Trip Report; and change of a currently approved Industries), the Associate Chief Counsel Central Asia: Multiple Connections collection. (Procedure and Administration), and the report. Abstract: Employee representatives Associate Chief Counsel (Tax Exempt Contact: William B. Taylor, Executive file Form CT–2 quarterly to report and Government Entities). It explains Vice President: [email protected] compensation on which railroad the forms of advice and the manner in retirement taxes are due. IRS uses this which advice is requested by taxpayers Dated: April 5, 2018. information to ensure that employee and provided by the Service. This William B. Taylor, representatives have paid the correct information is required to evaluate and Executive Vice President. tax. Form CT–2 also transmits the tax process the request for a letter ruling or [FR Doc. 2018–07538 Filed 4–11–18; 8:45 am] payment. determination letter. BILLING CODE 6820–AR–P

VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00115 Fmt 4703 Sfmt 9990 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Vol. 83 Thursday, No. 71 April 12, 2018

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Endangered Status for the Island Marble Butterfly and Designation of Critical Habitat; Proposed Rule

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15900 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

DEPARTMENT OF THE INTERIOR 0145; Division of Policy, Performance, other natural or manmade factors and Management Programs; U.S. Fish affecting its continued existence. The Fish and Wildlife Service and Wildlife Service; 5275 Leesburg island marble butterfly faces the Pike, MS: BPHC; Falls Church, VA following threats: 50 CFR Part 17 22041. • Habitat loss and degradation from [Docket No. FWS–R1–ES–2016–0145; We request that you send comments plant succession and invasion by plants 4500030113] only by the methods described above. that displace larval host plants; We will post all comments on http:// browsing by black-tailed deer, European RIN 1018–BB96 www.regulations.gov. This generally rabbits, and brown garden snails; and means that we will post any personal Endangered and Threatened Wildlife storm surges; information you provide us (see Public • and Plants; Endangered Status for the Predation by native spiders and Comments, below, for more Island Marble Butterfly and nonnative wasps, and incidental information). predation by black-tailed deer; and Designation of Critical Habitat • FOR FURTHER INFORMATION CONTACT: Eric Vulnerabilities associated with AGENCY: Fish and Wildlife Service, V. Rickerson, State Supervisor, small population size and Interior. Washington Fish and Wildlife Office, environmental and demographic ACTION: Proposed rule. 510 Desmond Drive, Suite 102, Lacey, stochasticity, and other chance events WA 98503; telephone 360–753–9440; or that increase mortality or reduce SUMMARY: We, the U.S. Fish and facsimile 360–534–9331. If you use a reproductive success. Wildlife Service (Service), propose to telecommunications device for the deaf • Existing regulatory mechanisms and list the island marble butterfly (Euchloe (TDD), please call the Federal Relay conservation efforts do not address the ausonides insulanus) as an endangered Service at 800–877–8339. threats to the island marble butterfly to species and designate critical habitat SUPPLEMENTARY INFORMATION: the extent that listing is not warranted. under the Endangered Species Act of Under the Endangered Species Act, 1973, as amended (Act). In total, Executive Summary any species that is determined to be an approximately 812 acres (329 hectares) Why we need to publish a rule. Under endangered or threatened species shall, on the south end of San Juan Island, San the Act, if a species is determined to be to the maximum extent prudent and Juan County, Washington, fall within an endangered or threatened species determinable, have habitat designated the boundaries of the proposed critical throughout all or a significant portion of that is considered to be critical habitat. habitat designation. If we finalize this its range, we are required to promptly Section 4(b)(2) of the Endangered rule as proposed, it would extend the publish a proposal in the Federal Species Act states that the Secretary Act’s protections to this species and its Register and make a determination on shall designate and make revisions to critical habitat. The effect of this rule our proposal within 1 year. Critical critical habitat on the basis of the best will be to add this species to the List of habitat shall be designated, to the available scientific data after taking into Endangered and Threatened Wildlife maximum extent prudent and consideration the economic impact, the and to designate critical habitat for the determinable, for any species impact on national security, and any island marble butterfly under the Act. determined to be an endangered or other relevant impact of specifying any We also announce the availability of a threatened species under the Act. particular area as critical habitat. The draft economic analysis (DEA) of the Listing a species as an endangered or Secretary may exclude an area from proposed designation of critical habitat threatened species and designations and critical habitat if he determines that the for the island marble butterfly. revisions of critical habitat can only be benefits of such exclusion outweigh the DATES: We will accept comments completed by issuing a rule. benefits of specifying such area as part received or postmarked on or before This rule proposes the listing of the of the critical habitat, unless he June 11, 2018. Comments submitted island marble butterfly (Euchloe determines, based on the best scientific electronically using the Federal ausonides insulanus) as an endangered data available, that the failure to eRulemaking Portal (see ADDRESSES, species and the designation of critical designate such area as critical habitat below) must be received by 11:59 p.m. habitat. The island marble butterfly is a will result in the extinction of the Eastern Time on the closing date. We candidate species for which we have on species. must receive requests for public file sufficient information on biological We prepared an economic analysis of hearings, in writing, at the address vulnerability and threats to support the proposed designation of critical shown in FOR FURTHER INFORMATION preparation of a listing proposal, but for habitat. In order to consider economic CONTACT by May 29, 2018. which development of a listing rule was impacts, we prepared an analysis of the ADDRESSES: You may submit comments precluded by other higher priority economic impacts of the proposed by one of the following methods: listing activities. This proposed rule critical habitat designation. We hereby (1) Electronically: Go to the Federal reassesses all available information announce the availability of the draft eRulemaking Portal: http:// regarding the status of and threats to the economic analysis and seek public www.regulations.gov. In the Search box, island marble butterfly. review and comment. enter FWS–R1–ES–2016–0145, which is The basis for our action. Under the Peer review. We have requested the docket number for this rulemaking. Act, we can determine that a species is comments from independent specialists Then, in the Search panel on the left an endangered or threatened species to ensure that we based our proposed side of the screen, under the Document based on any of five factors: (A) The listing determination and critical habitat Type heading, click on the Proposed present or threatened destruction, designation on scientifically sound data, Rules link to locate this document. You modification, or curtailment of its assumptions, and analyses. Because we may submit a comment by clicking on habitat or range; (B) overutilization for will consider all comments and ‘‘Comment Now!’’ commercial, recreational, scientific, or information we receive during the (2) By hard copy: Submit by U.S. mail educational purposes; (C) disease or comment period, our final or hand-delivery to: Public Comments predation; (D) the inadequacy of determinations may differ from this Processing, Attn: FWS–R1–ES–2016– existing regulatory mechanisms; or (E) proposal.

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15901

Information Requested needed in critical habitat areas we are ADDRESSES. We request that you send proposing, including managing for the comments only by the one of the Public Comments potential effects of climate change, and methods described in ADDRESSES. We intend that any final action (d) What areas not occupied at the If you submit information via http:// resulting from this proposed rule will be time of listing are essential for the www.regulations.gov, your entire based on the best scientific and conservation of the species and why. submission—including any personal commercial data available and be as (7) Land use designations and current identifying information—will be posted accurate and as effective as possible. or planned activities in the subject areas on the website. If your submission is Therefore, we request comments or and their possible impacts on proposed made via a hardcopy that includes information from other concerned critical habitat. personal identifying information, you governmental agencies, Native (8) Information on the projected and may request at the top of your document American tribes, the scientific reasonably likely impacts of climate that we withhold this information from community, industry, or any other change on the island marble butterfly public review. However, we cannot interested parties concerning this and proposed critical habitat. guarantee that we will be able to do so. proposed rule. We particularly seek (9) Any probable economic, national We will post all hardcopy submissions comments concerning: security, or other relevant impacts of on http://www.regulations.gov. (1) The species’ biology, range, and designating any area that may be Comments and materials we receive, population trends, including: included in the final designation, and as well as supporting documentation we (a) Biological or ecological the benefits of including or excluding used in preparing this proposed rule, requirements of the species, including areas that may be impacted. will be available for public inspection habitat requirements for feeding, (10) Information on the extent to on http://www.regulations.gov, or by breeding, and sheltering; which the description of potential appointment, during normal business (b) Genetics and taxonomy; economic impacts in the draft economic hours, at the U.S. Fish and Wildlife (c) Historical and current range, analysis is a reasonable estimate of the Service, Washington Fish and Wildlife including distribution patterns; likely economic impacts. FOR FURTHER INFORMATION (d) Historical and current population Office (see (11) Whether any specific areas we are CONTACT). levels, and current and projected trends; proposing for critical habitat and designation should be considered for Public Hearing (e) Past and ongoing conservation exclusion under section 4(b)(2) of the Section 4(b)(5) of the Act provides for measures for the species, its habitat, or Act, and whether the benefits of one or more public hearings on this both. potentially excluding any specific area (2) Factors that may affect the proposal, if requested. Requests must be outweigh the benefits of including that continued existence of the species, received by the date listed above in area under section 4(b)(2) of the Act. DATES which may include habitat modification and must be sent to the address (12) The likelihood of adverse social or destruction, overutilization, disease, shown in FOR FURTHER INFORMATION reactions to the designation of critical predation, the inadequacy of existing CONTACT. We will schedule public habitat, as discussed in the associated regulatory mechanisms, or other natural hearings on this proposal, if any are documents of the draft economic or manmade factors. requested, and announce the dates, (3) Biological, commercial trade, or analysis, and how the consequences of times, and places of those hearings, as other relevant data concerning any such reactions, if likely to occur, would well as how to obtain reasonable threats (or lack thereof) to this species relate to the conservation and regulatory accommodations, in the Federal and existing regulations that may be benefits of the proposed critical habitat Register and local newspapers at least addressing those threats. designation. 15 days before the hearing. (13) Whether we could improve or (4) Additional information concerning Peer Review the historical and current status, range, modify our approach to designating distribution, and population size of this critical habitat in any way to provide for In accordance with our joint policy on species, including the locations of any greater public participation and peer review published in the Federal additional populations of this species. understanding, or to better Register on July 1, 1994 (59 FR 34270), (5) The reasons why we should or accommodate public concerns and we have sought the expert opinions of should not designate habitat as ‘‘critical comments. at least three appropriate and habitat’’ under section 4 of the Act (16 Please include sufficient information independent specialists regarding this U.S.C. 1531 et seq.) including whether with your submission (such as scientific proposed rule. The purpose of peer there are threats to the species from journal articles or other publications) to review is to ensure that we base our human activity, the degree of which can allow us to verify any scientific or listing determination and critical habitat be expected to increase due to the commercial information you include. designation on scientifically sound data, designation, and whether that increase Please note that submissions merely assumptions, and analyses. The peer in threat outweighs the benefit of stating support for or opposition to the reviewers have expertise in the biology, designation such that the designation of action under consideration without habitat, and stressors to the island critical habitat may not be prudent. providing supporting information, marble butterfly. We have invited (6) Specific information on: although noted, will not be considered comment from the peer reviewers (a) The amount and distribution of the in making a determination, as section during this public comment period; island marble butterfly habitat, 4(b)(1)(A) of the Act directs that these reviews will be available on (b) What areas, that were occupied at determinations as to whether any http://www.regulations.gov under the time of listing and that contain the species is an endangered or threatened Docket No. FWS–R1–ES–2016–0145, physical or biological features essential species must be made ‘‘solely on the along with other public comments on to the conservation of the species, basis of the best scientific and this proposed rule. should be included in the designation commercial data available.’’ and why, You may submit your comments and Previous Federal Actions (c) Special management materials concerning this proposed rule In 2006, we published a 90-day considerations or protection that may be by one of the methods listed in finding (71 FR 7497, February 13, 2006),

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15902 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

and a 12-month not-warranted finding (LPN) of 3 based on our finding that the Distribution (71 FR 66292, November 14, 2006) on a species faces threats that are imminent 2002 petition from the Xerces Society and of high magnitude. The island marble butterfly was for Invertebrate Conservation (Xerces), historically known from just two areas Center for Biological Diversity, Friends Background along the southeast coast of Vancouver of the San Juans, and Northwest Species Information Island, British Columbia, Canada, based Ecosystem Alliance. The history of that on 14 museum records: the Greater petition and previous Federal actions in Taxonomy and Species Description Victoria area at the southern end of response to that petition are Vancouver Island; and near Nanaimo summarized in our 2006 12-month The island marble butterfly (Euchloe and on adjacent Gabriola Island, finding. ausonides insulanus) is a subspecies of approximately 56 miles (mi) (90 On August 24, 2012, we received a the large marble butterfly (E. ausonides) kilometers (km)) north of Victoria. The second petition from Xerces dated in the Pieridae family, subfamily last known specimen of the island August 22, 2012, requesting that we Pierinae, which primarily consists of marble butterfly from Canada was emergency list the island marble yellow and white butterflies. The island collected in 1908 on Gabriola Island, butterfly as an endangered species and marble butterfly was formally described and the species is now considered that we designate critical habitat in 2001, by Guppy and Shepard based extirpated from the province (COSEWIC concurrently with the listing. The on 14 specimens collected between 2010, p. 6). Reasons for its petition clearly identified itself as such 1859 and 1908 on or near Vancouver disappearance from Canada are and included the requisite identification Island, British Columbia, Canada, and is unknown. Hypotheses include information from the petitioner, geographically isolated from all other E. increased parasitoid loads (the number required (at that time) at 50 CFR ausonides subspecies. The taxonomic of individual deadly parasites within an 424.14(a). Included in the petition was status of the island marble butterfly is individual caterpillar) associated with supporting information regarding the not in dispute. Euchloe ausonides the introduction of the cabbage white subspecies’ taxonomy, ecology, insulanus is recognized as a valid butterfly (Shepard and Guppy 2001, p. historical and current distribution, subspecies by the Integrated Taxonomic 38) or heavy grazing of natural meadows current status, and what the petitioner Information System (ITIS 2015a, entire) by cattle and sheep, which severely identified as actual and potential causes based on the phenotypic differences depressed its presumed larval food of decline. documented in Guppy and Shepard plant (SARA 2015). On March 6, 2013, we received a 2001. In this document, we refer to the After 90 years without a documented notice of intent to sue from Xerces for island marble butterfly as a species occurrence, the island marble butterfly failure to complete the finding on the because subspecies are treated as was rediscovered in 1998 on San Juan petition within 90 days. On January 28, species for the purposes of evaluating Island, San Juan County, Washington, at 2014, we entered into a settlement taxa for listing under the Act. agreement with Xerces stipulating that least 9 mi (15 km) east of Victoria across Island marble butterflies are we would complete the 90-day finding the Haro Strait. Subsequent surveys in approximately 1.75 inches (in) (4.5 before September 30, 2014. The Service suitable habitat across Southeast published a 90-day finding in the centimeters (cm)) long (Pyle 2002, p. Vancouver Island and the Gulf Islands Federal Register on August 19, 2014 (79 142) and are differentiated from other in Canada (see COSEWIC 2010, p. 5), as FR 49045). In that finding, we subspecies of the large marble butterfly well as the San Juan Islands and six concluded that the petition presented by their larger size and the expanded adjacent counties in the United States substantial scientific information marbling pattern of yellow and green on (Whatcom, Skagit, Snohomish, indicating that listing the island marble the underside of the hindwings and Jefferson, Clallam, and Island Counties), butterfly may be warranted. The forewings (Guppy and Shepard 2001, p. revealed only two other occupied areas. settlement agreement did not 159). Immature stages of the island One of these occupied areas was specifically stipulate a deadline for a marble butterfly have distinctly centered on San Juan Island and the subsequent 12-month finding. different coloration and markings from other on Lopez Island, which is We received a notice of intent to sue Euchloe ausonides; specifically, the separated from San Juan Island by just from Xerces dated September 5, 2014, third and fourth larval instars (instars over 0.5 mi (1 km) at its closest point. stating Xerces’ intent to file suit to are the larval stages between molting These occupied areas were eventually compel the Service to issue a finding events) have a white spiracular stripe (a determined to comprise five pursuant to 16 U.S.C. 1533(b)(3)(B) (a stripe that runs along the side of a populations, as described in detail in ‘‘12-month finding’’) as to whether the caterpillar) subtended (bordered below) our 2006 12-month finding (71 FR listing of the island marble butterfly is by a yellow-green subspiracular stripe 66292, November 14, 2006). Since 2006, warranted, not warranted, or warranted and a green-yellow ventral area, which the number and distribution of but precluded. We entered into a is different from the stripe colors and populations has declined. Four of the settlement agreement with Xerces on patterns described for E. ausonides five populations that once spanned San April 6, 2015, stipulating that we would (James and Nunnallee 2011, pp. 102– Juan and Lopez Islands have not been submit a 12-month finding to the 103; Lambert 2011, p. 15). The island detected in recent years, and the species Federal Register for publication on or marble butterfly is also behaviorally is now observed only in a single area before March 31, 2016. Our 12-month distinct; large marble butterflies pupate centered on American Camp, a part of finding that determined listing of the (enter the final stage of larval San Juan Island National Historical Park island marble butterfly was warranted development before transforming into a that is managed by the National Park but precluded by higher priority listing butterfly) directly on their larval host Service (NPS). The island marble actions was published in the Federal plants, whereas the island marble butterfly likely also uses the lands Register on April 5, 2016 (81 FR 19527). butterflies leave their host plants to find adjoining or near American Camp, as Therefore, the island marble butterfly a suitable pupation site up to 13 feet (ft) there have been at least two was added to the list of candidate (4 meters (m)) away from their larval observations of island marble butterflies species with a listing priority number host plants (Lambert 2011, p. 19). flying along the boundaries of these

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15903

adjoining lands in 2015 (Potter 2015a, in Juan and Lopez Islands, including the marble butterflies to be ‘‘probably less litt.). single population persisting today than 500 butterflies, and possibly as low No current records exist of any life- centered on American Camp (Miskelly as 300 individuals’’ (71 FR 66292, history stage of the island marble and Fleckenstein 2007, pp. 4–5). November 14, 2006, p. 66295). These butterfly except at or near American Annual surveys conducted outside of numbers were based on limited data, Camp at San Juan Island National American Camp from 2007–2012 and their accuracy is uncertain. Since Historical Park. Therefore, we consider focused on areas with suitable habitat 2006, there have been several efforts to only American Camp and the on San Juan and Lopez Islands. These either directly estimate population size immediately adjacent areas to be surveys generally included previously or evaluate changes in relative occupied at the time of this proposed occupied sites, when accessible, in abundance through time (described listing. However, because of the island order to document whether or not island below). In addition, captive-rearing and marble butterfly’s cryptic nature and its marble butterflies persisted at the sites release of butterflies was initiated in dispersal ability, its distribution is where they were detected in 2005 and 2013, and since that time, 301 captive- somewhat uncertain, and we seek any 2006. After years of observing a raised butterflies have been released at new information regarding the island rangewide decline in available island American Camp to supplement the marble butterfly’s distribution (see marble butterfly habitat and dwindling population (see the discussions of Information Requested, above). island marble butterfly detections, conservation efforts under Factors A WDFW determined that there was not Survey Effort and C, below, for more details). enough suitable habitat remaining Site Occupancy—The number of sites Extensive surveys have been outside of American Camp to warrant where the island marble butterfly is conducted in British Columbia, Canada, continued widespread survey efforts on detected each year is a useful indicator since 2001, with an estimated 500 San Juan and Lopez Islands. Therefore, of coarse-scale changes in abundance. survey hours conducted by professional surveys in 2013 and 2014 focused solely The island marble butterfly has been surveyors and 2,000 survey hours by on assisting with monitoring at recorded at a total of 63 individual sites volunteer butterfly enthusiasts American Camp and surveying lands since rangewide surveys began in 2005: (COSEWIC 2010, p. v). During these directly adjacent to the park (Potter The species was found at 37 sites in and surveys, neither the island marble 2015a in litt.). Surveys to monitor the around American Camp and 26 sites butterfly nor suitable habitat was status of the population centered on outside of American Camp (Miskelly detected (COSEWIC 2010, p. vi). The American Camp have been conducted and Potter 2005, pp. 7–14; Miskelly and species has been considered extirpated annually from 2004 to 2015, although Fleckenstein 2007, pp. 14–19; Miskelly in British Columbia since 1910, and was the effort has varied through time (see and Potter 2009, pp. 7–8, 10–11; Hanson formally designated extirpated in 1999 ‘‘Abundance,’’ below, for additional et al. 2009, pp. 10–11, 24–28; Hanson et by the Canadian Government (COSEWIC information). al. 2010, pp. 12–13, 26–30; Potter et al. 2000, p. iii). In 2015, in addition to annual 2011, pp. 10–23, 15–23; Potter 2012, In the United States, surveys for the population monitoring at American unpublished; Potter 2013, unpublished; island marble butterfly have also been Camp, the Service funded an extensive Vernon and Weaver 2012, pp. 4–7; extensive. In 2005 and 2006, we survey of sites on San Juan Island Weaver and Vernon 2014, pp. 5–8). The partnered with NPS, Washington outside of American Camp. Areas number of occupied sites recorded at Department of Fish and Wildlife surveyed included those sites where American Camp is somewhat (WDFW), Washington Department of island marble butterflies had previously confounded by changes in survey Natural Resources (WDNR), the been detected, as well as areas with methods and effort through time (see University of Washington, and the suitable habitat with no prior ‘‘Survey Effort,’’ above). We recognize Xerces Society to survey for the detections. Researchers conducted 134 this as a potential source of uncertainty, presence of the island marble butterfly individual surveys at a total of 48 sites, but note that both transect data and during the adult flight period (when including 24 sites where the island anecdotal observations suggest a eggs are laid and larvae are active; early marble butterfly had been previously population decline at American Camp April–late June). Qualified surveyors documented. The survey yielded no since monitoring began in 2004 (see conducted approximately 335 detections of the island marble butterfly Transect Counts, below). individual surveys at more than 160 outside of American Camp. The largest number of concurrently sites in potentially suitable habitat Multiple years of extensive surveys occupied sites reported was 25 in 2007, across 6 counties (Clallam, Jefferson, conducted across formerly occupied 10 of which were outside of American Island, San Juan, Skagit, and Whatcom) sites have failed to detect the species. Camp (Miskelly and Potter 2009, pp. 7– and on 16 islands (Miskelly and Potter However, it is possible that the island 8, 10–11; Potter et al. 2011, pp. 15–16). 2005, pp. 5, 7–16; Miskelly and marble butterfly continues to exist at a The number of occupied sites declined Fleckenstein 2007, pp. 4, 10–19). handful of small isolated sites where every year from 2007 to 2011, with the Outside of American Camp, sites were surveyors were not granted access or species detected at only seven sites in defined primarily by ownership, were unable to survey during suitable 2011, only one of which was outside of although some exceptionally large sites conditions (Miskelly and Potter 2005, American Camp. In 2015, adult island were subdivided and received unique entire; Miskelly and Fleckenstein 2007, marble butterflies were detected at only site names. All surveys followed a set of entire; Miskelly and Potter 2009, entire; four of the regularly monitored sites at standardized protocols to ensure they Hanson et al. 2009, entire; Hanson et al. American Camp, the fewest occupied were conducted when butterflies had 2010, entire; Potter et al. 2011, entire; sites ever recorded, and no adults, eggs, the highest likelihood of being detected Vernon and Weaver 2012, entire; or larvae were detected outside of the (see Miskelly and Potter 2005, p. 4). Weaver and Vernon 2014, entire; Potter greater American Camp area (Potter Island marble butterflies were 2015a in litt.; Vernon 2015a, entire). 2015a in litt., NPS 2015a, entire; Vernon considered present at sites where eggs, 2015b, entire), although there were two larvae, or adults of the species were Abundance observations of single adult butterflies detected. These surveys documented In our 2006 12-month finding, we flying just beyond the boundary of the five populations distributed across San estimated the abundance of island park that were not recorded in formal

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15904 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

surveys by NPS (Potter 2015a, in litt.). 0.6 butterflies per 100 meters. While an habitat, disturbed fields, and disturbed Island marble butterflies were detected observation of 0.6 butterflies per 100 soils, including soil piles from as eggs in six additional research plots meters reflects an improvement from construction; and tumble mustard in at American Camp (Lambert 2015d, p. recent years, this improvement does not sand dune habitat (Miskelly 2004, p. 33; 4), but none of the eggs tracked in the reverse the overall decline observed Lambert 2011, pp. 24, 121–123). While research plots survived to the fifth larval since monitoring began in 2004. each larval host plant can occur in the instar (Lambert 2015d, p. 13). In 2016, Mark-Release-Recapture—Mark- other habitat types, female island larval habitat for the island marble release-recapture (MRR) studies were marble butterflies select specific host butterfly at American Camp increased conducted at American Camp in 2008 plants in each of the three habitat types substantially, and survivorship of and 2009 (and at one additional site on referenced above, likely because certain individuals tracked from eggs through San Juan Island—the Pear Point Gravel host plants are more robust in each fifth instar larvae increased from zero in Quarry, which is no longer occupied) habitat type during the flight season 2015 to 3 percent in 2016 (Lambert (Peterson 2009, 2010; entire). These (Miskelly 2004, p. 33; Lambert 2011, pp. 2016a, pp. 10, 21). studies sought to address several 24, 41, 50, 54–57, 121–123). The reasons for the precipitous demographic questions and to assess Adults primarily nectar (forage) on decline in the number of occupied sites whether transect counts were a reliable their larval host plants (Potter 2015e, since 2005 are not known with method to estimate changes in the pers. comm.), but use a variety of other certainty, but the near-complete loss of population through time (Peterson 2009, nectar plants including: habitat outside of American Camp in p. 3). MRR population estimates were • Abronia latifolia (yellow sand some years is likely a principal cause. generated for three focal areas at verbena), Habitat loss has been caused by road American Camp in 2009: The west end • Achillea millefolium (yarrow), maintenance, mowing, cultivation of of American Camp (estimated 50 • Amsinckia menziesii (small- land, intentional removal of host plants, individuals), American Camp below the flowered fiddleneck), improperly timed restoration activities, Redoubt (estimated 39 individuals), and • Cakile edentula (American sea development, landscaping, deer browse, the dunes at American Camp (estimated rocket), and livestock grazing (Miskelly and 24 individuals). However, because • Cerastium arvense (field Potter 2006, p. 6; Miskelly and American Camp was not surveyed in its chickweed), Fleckenstein 2007, p. 6; Miskelly and entirety, these areas represent an • Erodium cicutarium (common Potter 2009, p. 9; Hanson et al. 2009, p. unquantified fraction of the occupied stork’s bill), 18; Hanson et al. 2010, p. 21; Potter et habitat at American Camp; therefore, we • Geranium molle (dovefoot al. 2011, p. 13). cannot extrapolate from this information geranium), Transect Counts—Counts along to estimate the rangewide population. • Hypochaeris radicata (hairy cat’s transects can provide a measure of In summary, monitoring efforts have ear), relative abundance, which can be useful varied since 2008, but reports from NPS • Lomatium utriculatum (common in assessing changes in the population indicate an ongoing decrease in the lomatium), among sites and through time (Peterson relative abundance of the island marble • Lupinus littoralis (seashore lupine), 2010, pp. 12–13). From 2004 to 2008, butterfly at American Camp, suggesting • Myosotis discolor (common forget- Lambert (2009) counted adult island that total numbers continue to decline me-not), marble butterflies along transects at (Vernon and Weaver 2012, pp. 5–6; • Ranunculus californicus (California American Camp (14 established in 2004 Weaver and Vernon 2014, p. 6). While buttercup), and an additional 2 (for a total of 16) reliable and precise rangewide • Rubus ursinus (trailing blackberry), established in 2005), finding a population estimates have not been • Taraxacum officinale (dandelion), consistent and significant decline in the produced for this species, the available • Toxicoscordion venenosum (death number of adults observed: They evidence suggests that the species has a camas, formerly known as Zigadenus counted 270 in 2004, 194 in 2005, 125 very small population that has declined venenosus), and in 2006, 71 in 2007, and 63 in 2008 substantially since monitoring began in • Triteleia grandiflora (Howell’s (Lambert 2009, p. 5). These raw counts 2004. brodiaea, formerly Brodiaea howellii) were also translated to relative (Miskelly 2004, p. 33; Pyle 2004, pp. encounter rates that account for Habitat 23–26, 33; Miskelly and Potter 2005, p. differences in survey effort across years, The island marble butterfly has three 6; Lambert 2011, p. 120; Vernon and and these encounter rates also showed known host plants, all in the mustard Weaver 2012, Appendix 12; Lambert a marked decline until 2016 (USFWS family (Brassicaceae). One is native, 2015a, p. 2, Lambert 2015b, in litt.). Of 2016). Four of these transects were Lepidium virginicum var. menziesii these additional nectar resources, island monitored by NPS almost continuously (Menzies’ pepperweed), and two are marble butterflies are most frequently from 2004 to 2016 (one transect was not nonnative: Brassica rapa (no agreed- observed feeding on yellow sand monitored from 2009 to 2011), and upon common name, but sometimes verbena, small-flowered fiddleneck, and relative encounter rates were calculated called field mustard; hereafter referred field chickweed (Potter 2015e, pers. that accounted for transect length and to as field mustard for the purposes of comm.). Adults primarily use low- the number of times the transect was this document) (ITIS 2015b, entire), and statured, white flowering plants such as surveyed each year. The relative Sisymbrium altissimum L. (tumble field chickweed as mating sites encounter rate on these transects mustard) (Miskelly 2004, pp. 33, 38; (Lambert 2014b, p. 17). declined substantially between 2004 Lambert 2011, p. 2). and 2015, from almost 2 butterflies per All three larval host plants occur in Biology 100 meters surveyed in 2004 to open grass- and forb-dominated The island marble butterfly life cycle approximately 0.3 butterflies per 100 vegetation systems, but each species is comprises four distinct developmental meters in 2015 (USFWS 2016). Survey most robust in one of three specific phases: Egg, larva, chrysalis, and results for 2016 improved across the habitat types: Menzies’ pepperweed at butterfly. Development from egg to three transects consistently monitored at the edge of low-lying coastal lagoon chrysalis takes approximately 38 days American Camp, with approximately habitat; field mustard in upland prairie and includes five instars (phases of

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15905

larval development between molts) history stages has been found in recent threatened species. The Act defines an (Lambert 2011, p. 7). Female island years (e.g., of 136 and 226 individual endangered species as ‘‘in danger of marble butterflies produce a single eggs tracked in 2014 and 2015, extinction throughout all or a significant brood per year, and prefer to lay their respectively, zero survived to pupation; portion of its range,’’ and a threatened eggs individually on the unopened Lambert 2015d, p. 13). species as ‘‘likely to become an terminal flower buds of their larval host Adult island marble butterflies endangered species within the plants (Lambert 2011, pp. 9, 48, 51). emerge from early April to mid-June and foreseeable future throughout all or a Gravid female butterflies appear to live an estimated 6 to 9 days (Lambert significant portion of its range.’’ Section select plants with many tightly grouped 2011, pp. 50, 180). Males emerge 4 to 7 4(a)(1) requires the Secretary to flower buds over host plants with fewer days before females and patrol hillsides determine whether a species is an buds, and they tend to avoid laying eggs in search of mates (Lambert 2011, p. 47). endangered species or threatened on inflorescences (flower heads) where Male island marble butterflies are species because of any of the following other island marble butterflies already attracted to white (ultraviolet-reflecting) five factors: (A) The present or have deposited eggs (Lambert 2011, p. objects that may resemble females and threatened destruction, modification, or 51). However, the number of eggs laid have been observed to investigate white curtailment of its habitat or range; (B) on a single host plant has been observed flowers (e.g., field chickweed and overutilization for commercial, to vary with the density and distribution yarrow), white picket fences, and white recreational, scientific, or educational of host plants and may also be affected lines painted on the surface of roads purposes; (C) disease or predation; (D) by host plant robustness as well as the (Lambert 2011, p. 47). When a male the inadequacy of existing regulatory age of the individual female butterfly locates a receptive female, mating may mechanisms; or (E) other natural or (Parker and Courtney 1984, entire; occur hundreds of meters from the manmade factors affecting its continued Lambert 2011, pp. 9, 53, 54). nearest larval host plant, increasing the existence. First instar larvae are able to feed only potential extent of adult habitat to To inform the determination, we on tender portions of the host plant, include a varied array of plants and complete a status assessment in relation such as developing flower buds and vegetative structure (Lambert 2011, p. to the five factors using the best new growth, and initially move no more 48). Individual adult island marble available scientific and commercial than a few centimeters from where they butterflies seldom disperse distances data. The status assessment provides a hatch before they must feed; thus, larvae greater than 0.4 mi (0.6 km), with the thorough description and analysis of the that hatch from eggs located more than greatest documented dispersal distance stressors, regulatory mechanisms, and a few centimeters from a host plant’s being 1.2 mi (1.9 km) (Peterson 2010, conservation efforts affecting flower heads often starve before pp. 3, 12). individuals, populations, and the reaching a suitable food source (Lambert Island marble butterflies exhibit species. We use the terms ‘‘stressor’’ and 2011, pp. 12–13). The limited strong site fidelity and low dispersal ‘‘threat’’ interchangeably, along with locomotion of newly hatched larvae and capacity and, when considered on the other similar terms, to describe anything their reliance on tender flower buds as whole, exist as a group of spatially that may have a negative effect on the a food resource leads to a concentration separated populations that interact island marble butterfly. In considering of early-instar larvae near the tips of when individual members move from what factors might constitute threats, we their larval host plants (Lambert 2011, one occupied location to another must look beyond the mere exposure of p. 13). Larvae become more mobile in (Miskelly and Potter 2009, p. 14; the species to the factor to determine later instars, and their better developed Lambert 2011, p. 147). For the island whether the species responds to the mouthparts allow them to consume marble butterfly, a population is defined factor in a way that causes actual older, tougher plant material. as a group of occupied sites close impacts to the species. If there is Eventually, they may move to stems of enough for routine genetic exchange exposure to a factor, but no response, or other nearby host plants to forage between individuals. Thus, occupied only a positive response, that factor is (Lambert 2011, pp. 15–17). areas separated by distances greater than not a threat. The mere identification of The fifth (last) instar larvae ‘‘wander’’ 3 mi (4.8 km) with no intervening threats that could affect the island through standing vegetation, never suitable habitat and a low likelihood of marble butterfly is not sufficient to touching the ground, as they search for genetic exchange are considered to be compel a finding that listing is a suitable site to pupate (form a separate populations (Miskelly and appropriate. Rather, we evaluate the chrysalis) (Lambert 2011, p. 20). The Potter 2009, p. 12). Five potential effects of the threats in light of the greatest distance a fifth instar larva has populations of island marble butterflies exposure, timing, and scale of the been observed to move from its final were identified and described in detail threats, both individually and larval host plant was 4 meters, but few in the 2006 12-month finding (71 FR cumulatively, and any existing observations exist (Lambert 2011, p. 19). 66292, November 14, 2006, p. 66294): regulatory mechanisms or conservation Fifth instar larvae select slender dry American Camp and vicinity, San Juan efforts that may ameliorate or exacerbate stems in the lower canopy of moderately Valley, Northwest San Juan Island, the threats in order to determine if the dense vegetation as sites for pupation Central Lopez Island, and West Central species meets the definition of an and entering diapause, a state of Lopez Island. As described previously, endangered species or threatened suspended development (Lambert 2011, only the population at American Camp species. p. 21). has been detected since 2012. Island marble butterflies spend the Factor A. The Present or Threatened largest portion of their annual life cycle Summary of Factors Affecting the Destruction, Modification, or in diapause as chrysalids. They enter Species Curtailment of Its Habitat or Range diapause in midsummer and emerge as Section 4 of the Act (16 U.S.C. 1533) Since we first analyzed stressors to butterflies in the spring of the following and its implementing regulations in title the island marble butterfly’s habitat on year. One island marble chrysalis 50 of the Code of Federal Regulations San Juan and Lopez Islands in 2006, the remained in diapause for 334 days (11 (50 CFR part 424) set forth the species’ distribution has contracted, and months) (Lambert 2011, p. 22). procedures for determining whether a it is now known only from American Extremely low survivorship at early life- species is an endangered species or Camp and the immediate vicinity on

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15906 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

San Juan (see ‘‘Distribution,’’ above). properties. We concluded that these proceed with little mortality to the Island marble butterfly larval habitat in areas, containing about 361 ac (146 ha), island marble butterfly. natural landscapes, such as that found or 32 percent of the occupied habitat as Since 2006, we have worked closely at American Camp, is patchy at best, of 2006, would be managed in a way with NPS and the Federal Highway making it difficult to estimate the that was compatible with island marble Administration (FHA) to ensure that acreage of larval host plants. butterfly habitat. Since that time, the project impacts were avoided or Additionally, larval host plants are early amount of farmland in San Juan County minimized. Once the project began, in successional species that thrive in has decreased, with the greatest loss of 2015, the Service, NPS, and WDFW disturbed habitats. This can result in farmland in San Juan County attributed actively surveyed the road alignment to larval habitat patches that may be to the subdivision of larger farms into remove host plants before they could present one year and gone the next, smaller parcels, which have then been attract oviposition by female island depending on the level of disturbance developed (San Juan County marble butterflies and to rescue island present on the landscape. Agricultural Resources Committee 2011, marble butterfly eggs and larva from any larval host plants that might have been Development p. 23). While there are no estimates of the amount of potential habitat for the overlooked. Island marble butterfly Residential development occurs on island marble butterfly lost specifically larval habitat in natural landscapes, both San Juan and Lopez Islands, to development, habitat loss outside of such as that found at American Camp, primarily on private lands. Habitat loss American Camp from a variety of is patchy at best, making it difficult to from development affects the island sources has been substantial (Miskelly estimate the acreage of larval host marble butterfly by reducing the and Potter 2005, p. 6; Miskelly and plants. While the area affected by road availability of secure habitat that will Fleckenstein 2007, p. 6; Miskelly and construction was estimated to be 13 ac persist long enough for the island Potter 2009, p. 9; Hanson et al. 2009, pp. (5 ha), larval host plants did not occur marble butterfly to complete its life 18–19; Potter et al. 2011, pp. 13–14; in dense patches across the construction cycle. Development may also affect the Potter 2015a, in litt.). In addition to site. As a result of these efforts, far less known occupied range of the island development of former agricultural suitable habitat for island marble marble butterfly by constraining the lands, perhaps more significant are the butterflies was temporarily lost than we amount of stepping-stone habitat management practices on these lands anticipated in 2006, and impacts to the (patches of habitat too small to maintain that effectively preclude recolonization island marble butterfly population were an established population, but large by island marble butterflies or create significantly reduced and potentially enough to allow for connectivity population sinks (habitat patches that completely avoided. between larger suitable patches) for attract dispersing individuals, but do Habitat restoration will continue for dispersal. In addition, mowing or several years; once it is completed, we not allow them to complete their life removal of host plants (e.g., for anticipate that the project will be a net cycle and reproduce) (see ‘‘Agricultural landscaping around developments) may benefit to the quantity and quality of Practices,’’ below). We conclude that also remove habitat or prevent its island marble butterfly habitat in the development has substantively establishment. Because female island project area due to early coordination contributed to the extirpation of the marble butterflies selectively lay their with the FHA and the proactive island marble butterfly outside of eggs on the inflorescences (flowering conservation measures they American Camp and remains one of head) of tall, robust plants (Lambert implemented throughout the process. several factors impeding successful 2011, p. 55), mowing host plants These conservation measures included recolonization of previously occupied reduces the availability of suitable the proactive removal of all larval host oviposition (egg laying) sites for the habitats; however, because American plants from the footprint of the project island marble butterfly. Camp is protected from development by described above (so that butterflies do Within American Camp, which is NPS regulations and is where the not lay eggs on plants bound to be protected by NPS regulations (see Factor species solely occurs, development is destroyed) and the reseeding of larval D discussion, below), development is not a threat currently acting on the and nectar host plant species in the not a threat to the island marble remaining extant population of the disturbed areas as their revegetation butterfly. However, residential species. strategy. These measures will both development was a threat to island Road Construction increase the quantity and improve the marble butterfly habitat in the Cattle quality of the habitat surrounding the Point Estate and Eagle Cove In our 2006 12-month finding (71 FR finished project. In conclusion, road developments adjacent to American 66292, November 14, 2006), we construction is not currently a threat to Camp. These areas accounted for 199 ac evaluated the impact of a planned road the island marble butterfly. (81 ha) of island marble butterfly relocation project (Cattle Point Road habitat, or 18 percent of occupied relocation project) through American Road Maintenance habitat in 2006, which are now Camp. Cattle Point Road is the only Road maintenance that destroys or unoccupied due to habitat loss (Potter point of access for residents at the negatively affects island marble 2015a, in litt.) associated with southeast tip of San Juan Island and butterfly larval host plants has been a development (e.g., mowing, traverses the slope of Mount Finlayson, concern since 2005, when it was landscaping, or removal of host plants) effectively bisecting occupied island documented as destroying occupied (Miskelly and Potter 2005, p. 6; Miskelly marble butterfly habitat at the park. We larval habitat both on San Juan and and Fleckenstein 2007, p. 6; Hanson et estimated that the relocation would Lopez Islands (Miskelly and Potter al. 2009, p. 9). cause temporary loss of as much as 13 2005, p. 6). For example, in 2005, at In 2006, we noted that development ac (5 ha) of island marble butterfly Fisherman’s Bay tombolo (a narrow was occurring less rapidly in the areas habitat due to clearing and removal of beach landform that connects the to the north and west of American Camp larval host plants, although there was no mainland to an island) on Lopez Island, and on Lopez Island where lands known breeding habitat along the road maintenance crews deposited a comprised small, rural farms with highway at that time. We concluded that quantity of sand on occupied larval host pastures and low-density residential the road realignment was likely to plants in an effort to reduce the fire

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15907

hazard of the vegetation in preparation Since 2010, the Service, NPS, WDFW, larval host plants occur near occupied for a Fourth of July fireworks display. In and other partners have cooperated habitat, they can create an ‘‘ecological addition to the deposition of sand on closely to achieve vegetation trap’’ if dispersing females lay eggs occupied habitat, the remainder of the management and restoration goals while where the larvae do not have adequate site was mowed by road maintenance also conserving the island marble time to complete their life cycle before crews, removing all remaining larval butterfly and its habitat, including the crop is harvested and the site is host plants. There were no detections of nonnative larval host plants. As a result, tilled for replanting the following spring the island marble butterfly in 2006, a vegetation management has not resulted (Hanson et al. 2009, pp. 18–19; Miskelly single detection at the tombolo in 2007, in significant harm to island marble and Potter 2009, p. 14). and none since (Miskelly and Potter butterflies since 2010. The island Similarly, grazing can produce an 2009, p. 21; Potter et al. 2011, p. 16; marble butterfly is vulnerable to ecological trap if females lay eggs in Potter 2015a, in litt.). vegetation management or restoration suitable habitat that is then consumed Roadside maintenance has resulted in practices that are improperly timed or by livestock (see ‘‘Livestock Herbivory,’’ the destruction of suitable habitat on poorly sited. However, this vulnerability below). However, since the 1980s, Lopez Island and outside of American does not, by itself, result in impacts to farming on San Juan Island has trended Camp on San Juan Island (Miskelly and the species. Currently, vegetation toward small market gardens, and large, Potter 2005, p. 6). Despite changes in management does not have a significant livestock-based farms have been roadside maintenance practices to impact on the species because the reduced (San Juan County Agricultural address habitat loss, these protections ongoing collaboration between Resources Committee 2011, p. 16). were not implemented uniformly cooperating partners has adequately Livestock grazing does not currently throughout San Juan County, nor were minimized the impacts of vegetation overlap any areas known to be occupied they implemented with the immediacy management actions at American Camp. by the island marble butterfly; thus, it necessary to allow for widespread is not currently a threat to the species, Agricultural Practices although it could become a threat in the persistence of island marble habitat Agricultural activities that include future if the island marble butterfly along roadsides (Potter 2016, pers. tilling of the soil have been identified as were to become reestablished in areas comm.). However, because roadside a stressor for the island marble butterfly where grazing takes place. The best maintenance at American Camp will be (Potter et al. 2011, p. 14). Removal or available scientific and commercial conducted in close coordination with destruction of habitat by conversion information does not indicate that the Service, we conclude that whereas from an agricultural condition that agricultural practices currently affect habitat loss associated with road provides suitable habitat (e.g., old field the island marble butterfly because the maintenance activities could be one of pasture) for island marble butterfly to an known population occurs on NPS lands several factors impeding successful agricultural condition that does not that are not managed for agricultural recolonization of previously occupied allow the island marble butterfly to use. habitats, it likely will have only minor complete its life cycle (e.g., active impacts on the island marble butterfly, cropping) has likely led to the decline Plant Succession and Competition With given its current distribution. We do not of occupied island marble butterfly Invasive Species expect these impacts to change within habitat outside of American Camp and All of the known larval host plants for American Camp in the future. continues to contribute to the the island marble butterfly are annual Vegetation Management curtailment of the former range of the mustard species that are dependent on species. The species has not been open, early-successional conditions for The island marble butterfly is present detected since 2012 at any previously germination (Lambert 2011, p. 149). year round and largely stationary while occupied agricultural sites that have Disturbance or active management in its early developmental phases, been surveyed (Potter et al. 2011, pp. maintains these conditions; otherwise, becoming most visible when it becomes 15–16; Potter 2012, unpublished data; plant succession and invasion by weedy a winged adult. The cryptic egg, larval, Potter 2013, unpublished data; Vernon native and nonnative plants greatly and chrysalis forms make island marble 2015b in litt., entire). In addition, no inhibit germination and growth of larval butterflies vulnerable to land new occupied sites in agricultural areas host plants. These processes of management and restoration practices have been detected during surveys vegetation change thus degrade and when those practices overlap occupied conducted in 2015 (Vernon 2015a, reduce the availability of habitat areas. For example, in 2005, NPS entire). required by the island marble butterfly conducted a prescribed fire intended to Practices on San Juan and Lopez to complete its life cycle. restore native prairie, and this fire Islands that require tilling the soil, such Succession of open, low-statured burned through the occupied habitat as grain farming, can promote growth of vegetation to woody plants is a natural during the butterfly’s developmental the host plant field mustard during the process in the absence of anthropogenic stage and likely killed all eggs and island marble flight period if tilling burning or other forms of disturbance. larvae within the affected area. takes place during fall and winter The cessation of Native American Similarly, the use of herbicides for the months (e.g., December through burning in the mid-1800s resulted in the purpose of vegetation restoration in February) allowing field mustard seeds loss of prairie habitat in western occupied island marble butterfly habitat in the seed bank to germinate and Washington, including the San Juan has been documented (Potter et al. 2011, mature in synchrony with the needs of archipelago, due to tree and shrub p. 14). Although the direct effects of the island marble butterfly. Because encroachment (Hamman et al., 2011, p. herbicides on island marble butterflies cereal crops compete with field 317). Prairies were repeatedly burned have not been studied, indiscriminate mustard, the array of established plants during historical times by Native application of herbicides in areas can result in a diffuse number of larval Americans for a variety of reasons, and occupied by eggs or larvae is likely to host plants at a density attractive to areas used for cultivation of food plants, result in mortality through elimination female island marble butterflies such as Camassia leichtlinii or C. of larval host plants and primary food searching for an oviposition site. When quamash (great camas and common resources. actively cropped agricultural areas with camas, respectively) may have been

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15908 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

burned on an annual basis (Beckwith Conditions for larval host plants they die from starvation (Lambert 2011, 2004, pp. 54–55; Boyd 1999, entire; continue to be degraded through plant p. 10, Lambert 2015e, in litt.). Chappell and Kagan 2001, p. 42). succession and invasion throughout the The destructive effects of deer browse Early estimates of the size of the range of the island marble butterfly. on larval habitat are common where prairie at American Camp suggest it may Loss of habitat conditions favorable for surveys have taken place throughout the have been as large as 1,500 acres (ac) larval host plants, and thus habitat loss known range of the island marble (607 hectares (ha)) when the first for the island marble butterfly, occurs in butterfly (Miskelly and Fleckenstein Europeans arrived (Douglas 1853, at least two of three habitat types at 2007, p. 6; Miskelly and Potter 2009, pp. entire). Today, the prairie is estimated American Camp, the only area where 11, 15; Hanson et al. 2009, pp. 4, 13, 19– to be 695 ac (281 ha) due, in part, to the island marble butterfly is currently 20; Hanson et al. 2010, pp. 21–22; Potter succession and encroachment of known to persist (Weaver and Vernon et al. 2011, pp. 5, 13; Lambert 2011, p. Douglas-fir trees (Pseudotsuga 2014, pp. 5, 9). Loss of potentially 104; Lambert 2014a, entire; Weaver and menziesii) and other woody vegetation suitable but not currently occupied Vernon 2014, p. 10; Vernon and Weaver (Rochefort et al. 2012, p. 9). Reclaiming habitat resulting from succession also 2012, p. 9; Lambert 2015d, pp. 17–18). and maintaining open prairie habitat at occurs in any areas outside of American At American Camp, herbivory by deer American Camp requires active Camp where these processes take place. has affected 95 percent of field mustard management to control Douglas-fir trees Due to the extremely limited numbers plants in some years (Lambert 2011, p. and other woody species (Rochefort et and range of the island marble butterfly, 127). Deer exclusion fencing has been al. 2012, p. 4). any further loss of habitat may lead to erected to protect suitable habitat at Two of the three known larval hosts further decline of the species and American Camp to counteract the for the island marble butterfly are preclude its establishment in new areas. impacts of deer browse, but the fencing has not been fully effective at excluding introduced species that self-propagate Herbivory into open, disturbed areas: Field deer, and deer have continued to consume occupied larval host plants mustard and tumble mustard. In the Herbivory by Deer: Black-tailed deer (see ‘‘Habitat Conservation and absence of active restoration or (Odocoileus hemionus columbianus) are Restoration,’’ below). disturbance, other weedy plant species, common in the San Juan Island Habitat loss attributable to herbivory as well as woody plants and trees, are archipelago. At the single occupied site by deer is ongoing and extensive likely to colonize the site, eventually where island marble butterfly is throughout the current and former range outcompeting the early-successional currently known to exist, black-tailed of the island marble butterfly, and may host plants. At American Camp, where deer numbers appear to be increasing be increasing, with substantial impacts remnant prairie habitat persists, weedy (Lambert 2014a, p. 3). Browsing deer to the species (Lambert 2011, pp. 85– species such as Elymus repens (quack prefer flowering plants when available, 104; Lambert 2014a, p. 3; Lambert grass), Holcus lanatus (velvet grass), and tend to select stems on the tops or 2015d, pp. 14–18). The effect of habitat Cirsium arvense (Canada thistle), and sides of plants over the stems that loss due to deer herbivory is Vicia sativa (common vetch), among emerge lower on the stalk (Anderson compounded by the effect of inadvertent others, outcompete the larval host 1994; p. 107; Lambert 2015c, in litt., predation when the larval host plants plants in the absence of disturbance. Thomas 2015, pers. obs.). Specifically, are occupied by eggs or larvae (see Competition with nonnative species at study sites where island marble ‘‘Incidental Predation’’ under the Factor also affects host plants in sand dune butterflies exist, deer browse selectively C discussion, below). habitat. The sand dunes represent a on robust larval host plants with several Herbivory by Livestock: Livestock unique habitat type for the island inflorescences of compact flower buds— readily consume field mustard, which is marble butterfly that includes open, the same plant characteristics preferred often cultivated in pastures as a way to shifting sands easily colonized by the by female island marble butterflies as improve forage for cows and sheep larval host plant, tumble mustard egg-laying sites (Lambert 2011, p. 103). (Smart et al. 2004, p. 1; McCartney et al. (Lambert 2011, p. 42). While Menzies’ The effect of deer browse on larval host 2009, p. 436). There is no livestock pepperweed and field mustard also plants is three-fold. First, it destroys grazing at American Camp, but livestock occasionally occur in dune habitat, suitable egg-laying habitat; second, it pastures are present on San Juan and tumble mustard is the host plant that stimulates rapid growth of lateral (side) Lopez Islands in areas that may contain occurs there most commonly, is most stems on the plant, rendering the plant suitable habitat for dispersing island robust in this habitat type, and can less likely to support an individual marble butterflies. When cattle or sheep create continuous stands of larval host butterfly from egg to late-instar larva; are present on lands where field plants under optimal conditions and third, continual browsing of the mustard is grown, they readily consume (Lambert 2011, pp. 42, 65). When flowering portion of the plant reduces the flower heads, stems, and stalk of the nonnative species such as Canada seed production, resulting in fewer plant, destroying suitable island marble thistle, hairy cat’s ear, and Rumex larval host plants over time (Lambert butterfly habitat (Miskelly and Potter acetosella (sheep sorrel) colonize the 2011, p. 10; Lambert 2014a, p. 10; 2009, p. 15; Hanson et al. 2009, p. 20; sandy dune habitat, the dunes become Lambert 2015d, p. 17). Deer browse, Hanson et al. 2010, p. 21). Like increasingly stable and the effect is a which stimulates rapid lateral stem conversion of old field pastures to active reduction in the available germination growth, results in increased mortality cropping, cultivation of field mustard as sites for tumble mustard (Weaver and when eggs are laid on the flowers of a forage species for livestock potentially Vernon 2014, pp. 5, 9). Canada thistle lateral stems on the larval host plants creates an ecological trap for the island has the greatest potential to negatively (Lambert 2011, p. 10). Immobile, early- marble butterfly when cultivation takes affect dune habitat where it is instar larvae of island marble butterfly place within dispersal distance of an stabilizing the sand and facilitating present on these stems are left behind as occupied site, and female island marble establishment of grasses, which, in turn, the stems grow away from them. When butterflies lay eggs in a patch of field displace tumble mustard (Rochefort the larvae can no longer access the mustard that is later consumed or 2010, p. 28; Weaver and Vernon 2014, tender tissues at the developing tips of trampled by livestock before any larvae p. 9). the plant that they require for survival, can complete their life cycle (see

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15909

‘‘Incidental Predation’’ under Factor C, population grows, we expect the overall survival and reproductive below, for further discussion). In impacts of European rabbits to expand, success because it can both reduce the conclusion, loss of potential habitat to encroaching upon and destroying quantity of suitable host plants available livestock grazing can prevent additional island marble butterfly and cause incidental mortality of reestablishment and persistence of habitat. individuals. suitable habitat for the species outside Herbivory by Brown Garden Snails: Storm Surges of American Camp. However, because The nonnative brown garden snail livestock grazing is not permitted on (Cornu aspersum, formerly Helix The nearshore lagoon habitat for American Camp where the species aspersa) is a generalist herbivore that island marble butterfly is close to sea occurs, herbivory by livestock is not a has been reported to occur in great level. Three intermittently occupied threat currently acting on the remaining numbers in some areas where island sites are in lagoons along the population of the species. marble butterfly previously occurred northeastern edge of American Camp, Herbivory by Rabbits: The European (e.g., Pear Point Gravel Pit or ‘La Farge’ where they are partially protected from rabbit, Oryctolagus cuniculus, is a and San Juan Valley), where it feeds on tidal surges that arrive from the west. common invasive species in the San field mustard and tumble mustard, the One of these lagoons had the highest Juan Islands (Hall 1977, entire; Burke two most common larval host plants for relative encounter rate of all monitored Museum 2015). At American Camp, the island marble butterfly (Hanson et transects at American Camp in 2015, European rabbits have been established al. 2010, p. 18; Potter et al. 2011, p. 13). and raw counts at this site represented for more than a century, following their State biologists removed hundreds of roughly 50 percent of the adult island introduction to San Juan Island during snails that were feeding on larval host marble butterflies recorded during the late 1800s (Couch 1929, p. 336). plants at Pear Point in 2010, when the annual monitoring for that year. Storm Grazing by European rabbits, when they island marble butterfly still occupied surges, attributable to the combined proliferate, affects both vegetative this site (Potter et al. 2011, p. 13). The forces of high tides and high-wind storm structure and composition, reducing brown garden snail has extremely high events, inundate these low-lying lagoon both the number and kind of plant reproductive potential; it matures areas intermittently, as evidenced by the species near their warrens (network of within 2 years and can produce more deposition of driftwood logs along the burrows) (Eldridge and Myers 2001, pp. than 100 eggs five or six times each year shoreline. These events have occurred 329, 335). Herbivory by European (Vernon 2015c, p. 1). The number of with some regularity through time, but rabbits negatively affects the brown garden snails observed on San the most recent episodes of inundation recruitment and establishment of larval Juan Island has increased substantially have been particularly destructive of host plants; where rabbits occur at between the years of 2009 and 2015 nearshore island marble butterfly American Camp, few larval host plants (Potter et al. 2011, p. 13; Vernon 2015c habitat. A storm surge event in the for the island marble butterfly persist in litt., entire). winter of 2006 resulted in the due to the intense grazing pressure In 2015, the brown garden snail was deposition of gravel substrate and (Radmer 2015, in litt.). When larval host observed in San Juan Valley, a site driftwood over an island marble plants do germinate near European formerly occupied by the island marble butterfly research plot where the one rabbit warrens, they are consumed butterfly, and in 2016, the brown garden native larval host plant, Menzies’ before the plants are large enough for snail was documented in the South pepperweed, had been established, female island marble butterflies to Beach area at American Camp by a reducing the number of plants by more recognize and use them. Service biologist (Vernon 2015c in litt., than 50 percent (Lambert 2011, pp. 145– Population monitoring of European entire; Vernon 2015a, p. 4; Reagan 2016, 146). This same storm surge likely rabbits has been conducted at American pers. obs.). High numbers of brown destroyed any butterflies that were Camp from 1985 to 2015, documenting garden snails have been documented in overwintering in nearshore habitat as an estimated population high of highly disturbed sites previously chrysalids and had a local population- approximately 1,750 rabbits in 2006, occupied by island marble butterfly, and level impact; low numbers of individual and a low of fewer than 100 in 2012. since our 2016 12-month finding (81 FR island marble butterflies, eggs, and From 2009 through 2012, the population 19527) was published, they have been larvae were detected at the site for was estimated to be 100 animals or found invading the natural areas in several years following the event fewer, and the condition of vegetation in American Camp currently occupied by (Lambert 2011, p. 99; Lambert 2015f, in the affected area had ‘‘changed the island marble butterfly and its host litt.). dramatically’’ with the reduction in plants (Shrum 2017, pers. comm.). This The frequency of storm surges large rabbit grazing pressure (West 2013, pp. most recent development indicates that enough to inundate the lagoons and 2, 4). The most recent population brown garden snail is now well destroy island marble butterfly habitat estimate, in 2015, was approximately established within American Camp and has previously been relatively low, but 500 animals, indicating that the rabbit the habitat currently used by the island since 2006, at least one storm surge population at American Camp is marble butterfly, raising the likelihood event (in 2009) was strong enough to currently on the rise (West 2015, in litt.). that herbivory by the brown garden inundate the low-lying habitat If European rabbits remain uncontrolled snail will result in habitat loss or (Whitman and MacLennan 2015, in at American Camp, their population is degradation to an extent that can affect litt.). The frequency of these events is likely to fluctuate but continue the butterfly’s survival and reproductive expected to increase with sea-level rise expanding overall in the next decade, success. While there are no documented associated with climate change (see similar to the patterns documented in accounts of snails directly consuming Factor E discussion, below). In turn, we the past 30 years of monitoring data. island marble butterfly eggs or larvae, anticipate a concomitant increase in the The majority of the European rabbit the brown garden snail poses a threat to potential for destruction of low-lying population has been, and may continue the island marble butterfly by habitat for the island marble butterfly— to be, centered on a single large field consuming larval host plants, whether approximately 15 to 20 percent of the near the middle of American Camp, those plants are occupied or not. species’ habitat in American Camp surrounded by areas that include island Therefore, herbivory by brown garden (Lambert 2011, p. 145; Adeslman et al. marble butterfly habitat. As their snails is detrimental to the butterfly’s 2012, pp. 79–86; Whitman and

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15910 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

MacLennan 2015, in litt.; NOAA 2015a, marble butterflies. All vegetation In 2013, the Service funded the entire; NOAA 2015b, entire). treatment would be conducted in the installation of deer exclusion fencing at The Menzies’ pepperweed (the native fall after the island marble butterfly has American Camp in an effort to reduce host plant) occurs almost exclusively in entered diapause. NPS is working with deer herbivory on larval host plants the low-lying nearshore habitat, and the Service to extend the conservation (and the incidental consumption of eggs female island marble butterflies have agreement. We expect the history of and larvae; see discussion in Factor E) been observed to deposit eggs on only collaborative conservation of the island and to increase suitable oviposition a single species of larval host plant at marble butterfly by NPS and the Service sites. Deer fencing was included in each any one site. (Despite close observations to continue for the foreseeable future. year’s annual work plan since 2013 and of ovipositing females, researchers have From 2007 through 2011, NPS continues to be employed as an not observed females depositing eggs on managed encroaching plant species exclusion technique. Approximately 23 more than one type of larval host plant using multiple methods to open up acres have been fenced since deer at any one site.) Therefore, if this habitat areas where larval host plants could exclusion efforts began in 2013 (Shrum type is lost, an unknown proportion of naturally germinate from the seed bank 2015a, in litt.). diversity—in habitat use or adaptive (NPS 2013, pp. 7–11). NPS also planted The various forms of deer exclusion potential—in the island marble butterfly more than 100,000 native grass plugs in fencing that have been used have could be lost as well. Furthermore, low- mechanically treated areas (NPS 2013, resulted in mixed success in preventing lying habitat comprises an estimated p. 7), which improved the native deer from consuming larval host plants. 15–20 percent of habitat for the species composition of the prairie grassland For example, in 2015, electrified fencing at American Camp, a considerable features but did not result in increased alone proved ineffective at excluding proportion of the restricted range of the cover of the larval host plants needed to deer at three of five research sites at species. Due to the small size of the support the island marble butterfly. The American Camp (Lambert 2015d, p. 17). remaining known population of the Service continued to work However, electric and wire-mesh island marble butterfly and the collaboratively with NPS to develop fencing combined have reduced deer importance of this low-lying habitat annual work plans each year from 2013 herbivory on larval host plants when demonstrated by high encounter rates through 2016; these work plans are compared to years when exclusion during surveys, loss or degradation of addenda to the 2006 conservation fencing was not employed (Lambert this habitat will likely lead to a further agreement for the island marble 2015d, p. 17). In one large expanse of habitat at American Camp, the decline of the species. butterfly. The goals and actions distribution of field mustard was Habitat Conservation and Restoration identified in the work plans have essentially limited to the fenced areas in changed, sometimes annually, in San Juan Island National Historical 2015, although environmental response to new information, adaptive Park has been implementing conditions shifted substantively in management needs, available funding, conservation measures for the island 2016, allowing for a large flush of and other concerns. The 2013–2016 marble butterfly since shortly after its persistent field mustard beyond the work plans identified and enacted rediscovery in 1998. From 2003 through fenced areas (Lambert 2014a, p. 23; several conservation actions to address 2006, the NPS created experimental Lambert 2015a, p. 5; Lambert 2015d, p. threats related to the destruction, prairie disturbances and vegetation 17; Lambert 2016, p. 35). Despite these plots to better understand how to modification, and curtailment of island challenges, deer exclusion fencing manage the prairie and create island marble butterfly habitat at American remains an important tool for protecting marble butterfly habitat. This work Camp. Prescribed fire, deer fencing of island marble butterfly habitat, resulted in recommendations for the essential habitat, management of especially early in the flight season best method of reducing the cover of invasive species, and experimental when we expect survivorship to be the invasive grasses by using prescribed fire habitat restoration were all highest (Lambert 2015d, p. 19). For followed by herbicide treatment implemented per annual work plans example, in 2016 (after the publication (Lambert 2006, p. 110). However, the during this period. of our 12-month finding on April 5, work was not reproduced at larger These work plans initially included 2016 (81 FR 19527)), deer were scales, nor was it continued in ways the use of prescribed fire in small blocks completely excluded from research sites sufficient to maintain adequate habitat (up to one acre) to disturb grassland at American Camp for the first time, on the landscape over time. habitat in an effort to encourage larval resulting in a quarter acre of restored In 2006, we finalized a conservation host plant patches to establish from the habitat for host plants, and increased agreement with NPS for the island seed bank. These prescribed fire events survival in island marble butterflies on marble butterfly that contained several resulted in very low germination of the field mustard than in previous years conservation actions that would be larval host plants, leading NPS to (Lambert 2016, p. 11). applied to manage habitat for the conclude that few larval host plant The annual work plans have also species into the future. The agreement, seeds persist in the seed bank. In included efforts to control weedy native which expired in September of 2016, response, later annual work plans and nonnative species and encroaching committed NPS to: (1) Restore native recommended seeding the larval host woody plants. Specifically, NPS has grassland ecosystem components of the plant species after a prescribed burn. removed hundreds of Douglas-fir trees landscape at American Camp through The 2016 annual work plan also and dozens of acres of Rubus active management, including the use of included recommendations for the armeniacus, R. laciniatus (blackberry), prescribed fire, and create a mosaic of development of novel methods for Symphoricarpos albus (snowberry), and early-successional conditions by creating island marble butterfly habitat. Crataegus monogyna (one-seeded restoring up to 10 acres per year; and (2) Despite the temporary lapse of the hawthorn) from the American Camp avoid impacts to island marble conservation agreement with NPS, the prairie. These actions have slowed the butterflies, eggs, larvae, and host plants Service and NPS continue to work invasion of native and nonnative during the implementation of all NPS together to conserve the island marble species and encroachment by woody management actions by working in butterfly and a work plan for 2017 is plants and created early-successional habitat that was not occupied by island currently under development. conditions that likely provided some

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15911

nectaring habitat for the island marble range of the island marble butterfly. practices (such as tilling, cropping, and butterfly. However, few larval host Two of these experimental habitat grazing); and landscaping activities has plants germinated from the seed bank in patches were established outside of substantially reduced the amount of the areas cleared of encroaching plants. American Camp in 2015 and one in habitat available for recolonization by Another area of focus under the work 2016. Each experimental patch has been the island marble butterfly, either plan for controlling invasive species is fully fenced to exclude herbivores temporarily (e.g., mowing, tilling, herbicide treatment of Canada thistle in (primarily deer) and allow the larval cropping, or grazing) or permanently the dunes. host plants to grow without herbivory (e.g., road, residential, and urban NPS, in collaboration with the Service pressure (also see Factor C, ‘‘Incidental development), since the island marble and other partners, has supported Predation,’’ below). butterfly was rediscovered (Miskelly experimental research into the active and Fleckenstein 2007, p. 6; Miskelly Education and Outreach establishment of island marble butterfly and Potter 2009, p. 9; Hanson et al. habitat since 2003. In 2014, an In 2009, the Service provided funding 2009, p. 18; Vernon 2015b in litt., p. 5). experimental approach for establishing to WDFW for the creation of a species This habitat removal is a primary factor oviposition and larval habitat was fact sheet and informational handout for in the loss of all the remaining proposed. The Service, in coordination the public about the biology and populations of this species outside of with NPS, WDFW, and two local island conservation needs of the island marble American Camp since 2006. conservation organizations (San Juan butterfly. This pamphlet provided Since 2011, NPS has made substantial Preservation Trust (SJPT) and San Juan outreach to interested parties and and sustained efforts to expand island County Land Bank (SJCLB)), developed increased the awareness of the public marble butterfly habitat and to improve a plan to determine whether habitat about the decline of the island marble the composition and structure of the patches for the island marble butterfly butterfly. The pamphlet provided basic plant community to become more could be developed in a way that could information about how to protect and suitable for the island marble butterfly. be scaled up efficiently in a landscape support habitat essential to the island Due to challenges in establishing context (Lambert 2014b, entire). Thirty marble butterfly. In 2011, the Service suitable habitat and protecting it from habitat patches were created on park collaborated with NPS, WDFW, the threats described above, only a few property at American Camp between researchers from the University of acres of high-quality habitat for island 2014 and 2016, and 10 more will be Washington, and the Center for Natural marble butterfly have been restored on created in 2017 (Lambert 2016a, p. 59). Lands Management to reach out to the the American Camp landscape. Many Early results from this work indicate community in a local Island Prairie more acres within American Camp have that habitat can be created quickly and Educational Symposium to present been improved by restoration actions or that island marble butterflies readily use information on current approaches to protected from deer herbivory, but are these patches for egg laying and larval prairie management. Information gained not yet considered high quality or fully development if larval host plants through years of prairie conservation secure from herbivory by deer. To date, germinate in time to provide oviposition efforts in other north and south Puget these efforts may have resulted in a sites for early-flying butterflies (Lambert Sound prairie landscapes was shared small positive response in the island 2015d, pp. 9–12). with the local island community. marble butterfly population, as Each year since 2013, NPS has Information about the island marble evidenced by the 3 percent increase in collected and reared a small number of butterfly and the educational materials survivorship from the fourth to fifth eggs and larvae in a captive-rearing developed were well distributed within instar in 2016. However, the number of program (see discussion under Factor C, the community; however, this effort did those individuals that will successfully below, for more information). In 2015, not lead to the protection or restoration pupate and emerge as winged adults in the captive individuals emerged from of habitat adequate to ameliorate the the spring remains to be seen. diapause much later than the wild threat of habitat loss for island marble Conservation efforts by NPS have also population. Despite the use of the butterfly. Despite considerable advances resulted in significant contributions to experimental plots for oviposition by in habitat restoration, new habitat our understanding of island marble these late-flying, captive-reared females, establishment, captive-rearing, butterfly habitat and threats to that none of the eggs and larvae tracked in herbivore exclusion, and outreach and habitat. Outside of American Camp, the the experimental plots survived. The education, the number of individual only conservation efforts that high mortality was attributed to island marble butterflies remains small specifically create habitat for the species increased predation pressure by late- in the single remaining population. are the small island marble butterfly season spiders and wasps (Lambert habitat plots established by SJPT and Summary of Habitat or Range 2015d, p. 14) (see ‘‘Direct Predation’’ SJCLB. These efforts will be crucial to Destruction, Modification, or under Factor C, below). Results of establishing new populations of island Curtailment captive-rearing were better in 2016, marble butterfly in the future, but the when captive-reared island marble Habitat supporting the remaining achievement is too recent for their butterflies emerged in synchrony with population at American Camp is effectiveness to be evaluated, especially the wild population. Survivorship from protected from development and in the context of the extensive, ongoing egg to fifth instar larvae was also higher agriculture, but is exposed to the threats habitat loss from changing land use, in the experimental plots in 2016; three of plant succession and invasive plant changing agricultural practices, and percent of the tracked larvae survived to species; herbivory by deer, rabbits, and other factors that inhibit recolonization the fifth instar, which is a relatively brown garden snails; and storm surges. by island marble butterflies outside of high survival rate for the island marble Habitat loss is likely a major factor American Camp. butterfly. impeding the recolonization of areas Despite successful habitat restoration The Service, in coordination with outside of American Camp. Outside of experiments, continued use of deer NPS, supports habitat conservation American Camp, removal of larval host exclusion fencing, and the removal of efforts by funding local conservation plants by mowing; roadside woody plants and nonnative and native groups to establish habitat patches on maintenance; road, residential, or urban weedy species, the increase in the total three conserved sites across the former development; certain agricultural area of currently suitable habitat within

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15912 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

American Camp has not been fully collection, and NPS rejected the single this species have been documented to quantified, though it remains small (on permit request for collection it received date. the scale of quarters of acres). Despite (Reagan 2015, in litt.; Weaver 2015a, in Scientific Overutilization these minor gains in habitat as a result litt.). In addition to these permit of restoration since we published our requests, we are aware of one specimen The widespread surveys that took 12-month finding on April 5, 2016 (81 of the island marble butterfly place in the period 2005–2012 included FR 19527), the range of the species—the purportedly being listed for sale on a capturing and releasing butterflies when number of sites within American Camp website devoted to trade in butterfly necessary for positive identification, as where it is observed—has continued to species (Nagano 2015, pers. obs.), specified in Miskelly and Fleckenstein contract, and the number of island although the origin and authenticity of 2007 (p. 4). Although a limited number marble butterflies observed each year this specimen could not be verified. of individuals may have been injured or remains low. Conservation measures Even limited collection of butterfly killed during handling, no data exist on will need to continue into the future, species with small populations could the number of individuals captured, with monitoring to assess their long- have deleterious effects on the injured, or killed. To our knowledge, term value to the island marble reproductive success and genetic there have been three documented butterfly. Until measureable changes to variability within those populations and instances of island marble butterfly the island marble butterfly population could thus contribute eventually to collection or handling for scientific have been documented, it will be extinction or local extirpation (Singer purposes since the rediscovery of the species. In 2005, two male specimens difficult to determine whether the and Wedlake 1981, entire; Gall 1984, were collected by WDFW surveyors as implemented measures are effecting entire). Capture and removal of females vouchers to document newly discovered positive change in the status of the dispersing from a population also can island marble sites (Miskelly and Potter island marble butterfly. Based on the reduce the probability that new 2005, pp. 4, 5; Potter 2016, in litt.). In analysis above, we conclude that plant populations will be established or that 2008, a mark-release-recapture (MRR) succession and competition with metapopulation structure will be study of the species’ demography invasive species, herbivory by deer and developed or maintained. (A involved the capture and marking of 97 brown garden snails, and storm surges metapopulation is a group of spatially individual adult island marble are likely to have population-level separated populations that interact butterflies and recapture of 56 impacts on the island marble butterfly. when individual members move from butterflies across four separate sites, and Factor B. Overutilization for one population to another.) Collectors some individuals were recaptured more Commercial, Recreational, Scientific, or pose a potential threat because they may than once (Peterson 2009, entire; Educational Purposes not be aware of other collection Peterson 2010, entire). A single activities, and are unlikely to know, and individual butterfly was collected as a Overutilization for Commercial or may not care, whether or not they are voucher specimen under a WDFW Recreational Purposes depleting numbers below the threshold scientific collection permit in 2008 for Under NPS regulations, collection of necessary for long-term persistence of the MRR study (Potter 2016, in litt.). The living or dead wildlife, fish, or plants, populations and the species (Martinez other scientific use of the island marble or products thereof, is prohibited on 1999, in litt.). This is especially true if butterfly of which the Service is aware lands under the jurisdiction of NPS collectors lack adequate biological took place in 2013, when two adult without a permit (36 CFR 2.1(a)(1)(i) training or if they visit a collection area butterflies were collected by WDFW for and (a)(1)(ii)), but there are no State or for only a short period of time (Collins a genetic assessment of the island County regulations that prohibit and Morris 1985, p. 165). In addition, marble butterfly, the results of which recreational collection of the island collectors often target adult individuals were inconclusive (Potter 2015b, in marble butterfly at this time. in perfect condition, including females litt.). Rare butterflies and moths are highly that have not yet mated or had the The handling of adult butterflies for prized by collectors, and an opportunity to lay all of their eggs. scientific purposes has been evaluated international trade exists in specimens Some collectors go to the length of for effects on populations elsewhere in for both live and decorative markets, as collecting butterfly eggs in order to rear western North America (Singer and well as the specialist trade that supplies perfect specimens (USDOJ 1995, p. 2). Wedlake 1981; Gall 1984). Murphy researchers (Collins and Morris 1985, Collection of the island marble (1988, p. 236) reported that MRR work pp. 155–179; Morris et al. 1991, pp. butterfly, which is prohibited on NPS by others resulted in about 10 percent 332–334; Rieunier and Associates 2013, lands, could potentially occur without mortality to the endangered mission entire). Before the island marble detection because occupied areas are blue butterfly (Icaricia icarioides butterfly was formally described, not continuously patrolled and adult missionensis); however, studies by collectors may have exerted little butterflies do move outside of protected Singer and Wedlake (1981, entire) with pressure on the taxon because it was areas onto adjoining lands where other butterflies resulted in less than 2 unknown and because it occurs in collection is not currently prohibited. percent of the marked butterflies being remote islands that had been little- Consequently, the potential for recaptured, suggesting that mortality surveyed for butterflies. Following collection of adult island marble from handling the butterflies may have formal description of the species in butterflies, and especially surreptitious been a factor. 2001, at least three inquiries about collection of early stages (eggs, larvae, Peterson’s 2008 MRR study may have potential for collection were made to and pupae), exists, and such collection resulted in unintended injury or WDFW, which is responsible for could go undetected, despite the mortality to island marble butterfly managing fish and wildlife in the State protection provided on NPS lands. individuals, but we have no evidence to of Washington, and one with NPS at Taking into consideration the small suggest that the study resulted in American Camp, which requires a remaining population, illegal collection population- or species-level effects. permit for the collection of any plant or could have strong detrimental effects on Surveyors were unable to recapture 38 animal from park property (Reagan the known population, were it to occur. percent of the handled individuals 2015, in litt.). WDFW has discouraged However, no illegal collection efforts for during the short duration of this

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15913

research, but whether this research Direct Predation (Lambert 2011, p. 90; Vernon and directly increased mortality for the Predation is a risk for island marble Weaver 2012, p. 10). We found no handled individuals is unknown. butterflies during all stages of their life evidence to suggest that predation by Several outcomes could have led to this cycle, although mortality is highest small mammals or other vertebrate low recapture rate: The butterflies may during the earliest stages of life: Egg to predators presents a threat. Direct predation of island marble have fully matured after completing first instar (Lambert 2011, p. 92). A butterfly eggs and larvae is ongoing their life cycle and died during this study conducted from 2005 through where the species occurs (at American period; they may have been injured 2008 on survivorship of the island Camp) and is expected to continue into during handling and died following marble butterfly identified high levels of the future. Direct predation of eggs and release; they may have become more mortality attributable to predation by larvae is a significant cause of mortality susceptible to other stressors after spiders and, to a lesser extent, paper for the island marble butterfly, handling (e.g., predation); or they may wasps (Polistes sp.) (Lambert 2011, p. consistently accounting for more than have simply eluded recapture. Based on 117). Two species of spider, Pardosa 45 percent of deaths for tracked the relative encounter rate for the island distincta and Zelotes puritanus, both individuals (Lambert 2011, p. 99; marble butterfly that was measured native to Washington State, prey on during subsequent years (see Lambert 2015d, p. 14). Native spiders adult island marble butterflies and may are responsible for a significant ‘‘Abundance,’’ above, for additional also account for a large proportion of the information), this research does not proportion of observed predation, and predation on eggs and larvae (Lambert the island marble butterfly presumably appear to have contributed to a 2011, p. 100; Crawford 2016, in litt.). constriction in the range of the species coexisted for hundreds or thousands of The paper wasp common to American years with these spiders. However, the or a decline in the abundance of Camp is the nonnative Polistes individuals. small and declining numbers of island dominula (Miskelly 2015b, in litt.), marble butterflies, under pressure from The probability of numerous future discovered in the State of Washington in collections of live island marble habitat loss and other threats, cannot 1998 (Landolt and Antonelli 1999, now tolerate what may once have been butterflies for research purposes is low entire). because all researchers who study the a sustainable rate of natural predation. Direct predation of eggs and larvae The threat of direct predation affects the island marble butterfly work was the greatest source of mortality in collaboratively with the Service, NPS, island marble butterfly at the this 4-year study, affecting 47 percent of individual, population, and species and WDFW and are aware of the very all individuals tracked (Lambert 2011, low and declining number of individual levels (see Factor E discussion, below, p. 99). Mortality levels attributable to for more information). butterflies. Any research proposal direct predation varied depending on requiring the collection and removal of the larval host plant used, with almost Incidental Predation live island marble butterflies from the 80 percent mortality attributable to Incidental predation by browsing population is carefully reviewed to direct predation on Menzies’ black-tailed deer also is a common determine whether the conservation pepperweed and approximately 40 source of mortality for island marble benefit to the species outweighs the loss percent on field mustard (Lambert 2011, butterfly eggs and larvae (Lambert 2011, of individuals. p. 117). These differences are likely pp. 93–97; Lambert 2015d, pp. 17–18). Summary of Overutilization for attributable to variation in the structure As discussed under Factor A, female Commercial, Recreational, Scientific, or and growth form of the larval host island marble butterflies select Educational Purposes plants that can facilitate access by oviposition sites on or near the tips of predators (Lambert 2011, p. 100). the inflorescences of the larval host We continue to find that In addition, predation on island plants, which is the same portion of the overutilization does not have a marble butterfly larvae by spiders and plant that deer prefer to browse population-level impact on the island wasps increases as the season advances (Lambert 2015c, in litt.). Similar to rates marble butterfly for the following (Lambert 2015d, p. 14). This increase is of direct predation, each species of reasons: The lack of evidence of likely because: (a) As spiders mature, larval host plant is correlated with commercial or recreational collection of they are more effective at locating and differing levels of mortality attributable island marble butterflies; our conclusion consuming the larvae; and (b) wasps to deer browse. Incidental predation by that handling of the species during the increase in number as the season deer was highest on field mustard, 2008 MRR study did not result in progresses (Reeve 1991, pp. 104–106), which accounted for slightly more than documented negative effects to island and the predation pressure they exert on 40 percent of mortality tracked for this marble butterfly populations; and the their prey species increases with these larval host plant over the course of the small number of individuals collected increased numbers. Later emergence of 4-year study (Lambert 2011, p. 117). for genetic evaluation. island marble butterflies has been Mortality attributable to deer browse Factor C. Disease or Predation observed to correlate closely with was less than 10 percent for both increased predation pressure on island Menzies’ pepperweed and tumble Disease marble larvae; in the 2015 field season, mustard (Lambert 2011, p. 117). There is a single report of disease when emergence was notably late, none In nearly every report provided to the affecting the island marble butterfly of the 329 individuals tracked from egg Service, deer browse has been identified (Miskelly 2004, p. 35). We discussed through their larval development as particularly problematic for the this observation with the author and survived to form a chrysalis (Lambert island marble butterfly at American discovered that this was an isolated 2015d, p. 14) (see Cumulative Effects, Camp as well as throughout the species’ event and that the mortality was likely below, for additional discussion). former range, where browsing deer attributable to causes other than disease Predation on adult island marble continue to degrade the butterfly’s (Miskelly 2015a, in litt.). Therefore, butterflies by birds and spiders has been habitat (Miskelly and Fleckenstein 2007, there is no evidence to suggest that observed anecdotally, although no effort p. 6; Miskelly and Potter 2009, pp. 11, disease is currently a threat to the island has been made to quantify mortality 15; Hanson et al. 2009, pp. 4, 13, 20; marble butterfly. attributable to predation on adults Hanson et al. 2010, pp. 21–22; Potter et

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15914 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

al. 2011, pp. 5, 13; Lambert 2011, p. The Service has supported ongoing State or foreign nation, or any political 104; Lambert 2014a, entire; Vernon and research into the effects of deer subdivision of a State or foreign nation, Weaver 2012, p. 9; Weaver and Vernon exclusion fencing on island marble to protect such species. . . .’’ In 2014, p. 10; Lambert 2014a, p. 3; butterfly survival. The first deer relation to Factor D under the Act, we Lambert 2015d, pp. 17–18; Vernon exclusion fencing was erected in three interpret this language to require the 2015a, p. 12). Incidental predation by locations of American Camp in 2013. Service to consider relevant Federal, deer is a significant cause of mortality Areas immediately adjacent to the State, and tribal laws, regulations, and of the island marble butterfly at fenced habitat with similar structure, other such mechanisms that may American Camp (Lambert 2014a, p. 3). quality, and connectivity as the fenced ameliorate or exacerbate any of the Incidental predation by deer is a threat habitat were left unfenced as control threats we describe in threat analyses of increasing severity within American plots. First-year monitoring of deer under the other four factors, or Camp, where it affects the island marble exclusion areas showed that 74 percent otherwise enhance conservation of the butterfly at the individual, population, of eggs tracked survived to first instar in species. We give strongest weight to and species level; outside American the fenced area compared with 41 statutes and their implementing Camp, this source of habitat degradation percent survival to first instar in the regulations and to management is ongoing throughout the formerly control plots (Lambert 2014a, p. 6). In direction that stems from those laws and occupied range of the species because of 2014, additional deer exclusion fencing regulations. An example would be State the apparent increase in deer numbers was installed and different types of governmental actions enforced under a throughout the San Juan Islands (Milner exclusion fencing were compared. Wire- State statute or constitution, or Federal 2015, in litt.; McCutchen 2016, in litt.). mesh fencing was found to be effective action under statute. at preventing incidental predation by Although incidental predation by Federal Laws and Regulations other herbivores has not been as deer, while electric fencing was determined to be largely ineffective at American Camp, as part of San Juan rigorously quantified as it has been for Island National Historical Park, is black-tailed deer, the negative effects of excluding deer, although mortality from deer in electric-fenced areas was lower managed under the National Park livestock on occupied larval host plants Service’s Organic Act and implementing cannot be discounted (Miskelly and than in previous years (Lambert 2015d, pp. 17–18). Deer exclusion fencing has regulations. The National Park Service Fleckenstein 2007, p. 5; Miskelly and Organic Act of 1916, as amended (54 Potter 2009, pp. 9, 11, 15; Hanson et al. emerged as an important tool for protecting eggs and early instar larvae U.S.C. 100101 et seq.), states that the 2009, pp. 18, 20; Hanson et al. 2010, pp. National Park Service ‘‘shall promote 5, 16, 21; Potter et al. 2011, p. 13; from consumption by deer, especially early in the flight season when and regulate the use of the National Park Vernon 2015c in litt., entire). Incidental survivorship is expected to be the System . . . to conserve the scenery, predation by livestock, brown garden highest (Lambert 2015d, p. 19; Lambert natural and historic objects, and wild snails, and European rabbits is possible 2016, pp. 3, 27). life in the System units and to provide where the range of the island marble for the enjoyment of the scenery, natural butterfly overlaps with these species. Summary of Disease and Predation and historic objects, and wild life in However, in the case of European The best available information does such manner and by such means as will rabbits, only two documented instances not indicate that disease is a threat to leave them unimpaired for the exist of rabbits consuming plants with the island marble butterfly. However, a enjoyment of future generations’’ (54 eggs or larva on them (Lambert 2015d, substantial amount of research U.S.C. 100101(a)). Further, 36 CFR p. 17). Suitable island marble butterfly completed since 2006 clearly 2.1(a)(1)(i) and (a)(1)(ii) specifically larval habitat is closely monitored at documents the effects of predation. prohibits collection of living or dead American Camp, so while consumption Direct and incidental predation rates, wildlife, fish, or plants, or parts or of occupied larval host plants by together, account for the vast majority of products thereof, on lands under NPS European rabbits does occasionally take the recorded deaths of island marble jurisdiction. This prohibition on place, it is currently rare, geographically butterfly eggs and larvae at American collection extends to the island marble circumscribed, and does not have a Camp. Although deer exclusion fencing butterfly where it exists on NPS- population-level impact to the species. at American Camp has been an managed lands. In addition, under the The existing information does not important tool for reducing mortality general management plan for San Juan indicate that incidental predation by due to incidental consumption since Island National Historical Park, NPS is livestock, brown garden snails, and 2013, the number of island marble required to follow the elements of the European rabbits is occurring at a rate butterflies observed continues to be low. conservation agreement (NPS 2008, p. that currently causes population-level No conservation measures have yet been 73). This includes restoring native impacts to the island marble butterfly. identified to address the threat of grassland ecosystem components at Conservation Efforts To Reduce Disease predation from paper wasps and American Camp, avoiding management or Predation spiders. Taken together, all forms of actions that would destroy host plants, predation have pervasive, population- avoiding vegetation treatments in island As described above under ‘‘Habitat level impacts on the island marble marble butterfly habitat when early life- Conservation and Restoration,’’ the butterfly. stages are likely to be present, and Service and NPS installed deer implementing a monitoring plan for the exclusion fencing in American Camp Factor D. The Inadequacy of Existing species (Pyle 2006, pp. 10–12). from 2013 to 2016 to reduce browsing Regulatory Mechanisms The Bureau of Land Management by black-tailed deer on the larval host Under this factor, we examine (BLM) owns the 27–ac (11–ha) Cattle plants field mustard and tumble whether existing regulatory mechanisms Point Lighthouse property east of mustard. The fencing was placed to ameliorate or exacerbate the threats to American Camp and Cattle Point reduce incidental predation, as well, by the species discussed under the other Natural Resource Conservation Area. protecting areas where larval host plants factors. Section 4(b)(1)(A) of the Act This site was formerly occupied by are most likely to be occupied by island requires the Service to take into account island marble butterflies, is proximal to marble butterfly eggs and larvae. ‘‘those efforts, if any, being made by any occupied habitat on American Camp,

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15915

and contains suitable habitat for the The island marble butterfly was policies and regulations to protect the species. The Cattle Point Lighthouse identified as critically imperiled in the functions and values of critical areas. property is part of the San Juan Islands Washington State Comprehensive Within counties, the mandate to protect National Monument established by Wildlife Conservation Strategy (WDFW and regulate critical areas applies to all Presidential proclamation on March 25, 2005, pp. 219, 314, 336–337). Since unincorporated areas. In addition, 2013, under the American Antiquities 2005, WDFW has retired the incorporated cities within counties are Act of 1906 (54 U.S.C. 320301 et seq.). Comprehensive Wildlife Conservation required to address critical areas within Under this proclamation, the monument Strategy and incorporated it into their ‘‘urban growth area’’ (UGA; the is being managed as part of the National Washington’s State Wildlife Action Plan area in which urban growth is Landscape Conservation System, (SWAP). Although the SWAP addresses encouraged by the municipal requiring that the land be managed ‘‘in the island marble butterfly’s government) independently. The only a manner that protects the values for conservation status, identifies it as a incorporated city within San Juan which the components of the system ‘‘species of greatest conservation need,’’ County is Friday Harbor, which is were designated’’ (16 U.S.C. 7202(c)(2)). and recommends conservation actions located outside of NPS-owned land on The first resource management plan for (WDFW 2015b, pp. 3–39), the SWAP is San Juan Island and outside of habitat the National Monument is still in not a regulatory mechanism. currently occupied by the island marble development, so specific regulatory WDNR owns the Cattle Point Natural butterfly. The Friday Harbor protections for the species and its Resources Conservation Area consisting Comprehensive Plan provides no habitat have not yet been established. of 112 acres directly to the east of protections for animal species that are Nevertheless, anthropogenic threats at American Camp, a portion of which not listed as ‘‘threatened or this site are unlikely given its current provides potentially suitable habitat for endangered.’’ designation as a National Monument. island marble butterflies. Natural San Juan County encompasses the The island marble butterfly is also resource conservation areas are range of the island marble butterfly. The managed to protect outstanding County regulates critical areas through a listed as a sensitive species for the examples of native ecosystems; habitat Critical Areas Ordinance, which purposes of the BLM’s Sensitive Species for endangered, threatened, and mandates protection for species listed Policy (BLM 2008, p. 3; USFS 2015, sensitive plants and animals; and scenic under the Act through San Juan County entire). This policy directs the BLM to landscapes. Removal of any plants or Critical Areas Ordinance (section initiate conservation measures that soil is prohibited unless written 18.30.160, Fish and Wildlife Habitat reduce or eliminate threats and permission is obtained from WDNR Conservation Areas). The Critical Areas minimize the likelihood of listing under (WAC 332–52–115). Ordinance also identifies species of the Act, but until the resource local importance, including the island management plan for the National Local Laws and Regulations marble butterfly (San Juan County 2015, Monument is complete, the BLM has American Camp is the only area p. 26), and provides protection for the not identified the required conservation known to be occupied by the island island marble butterfly by requiring that measures. At this time, it is unclear marble butterfly, and because the area is development applications for areas what protections, if any, these existing managed by NPS under the National determined to be occupied by the island regulatory mechanisms will confer to Park Service’s Organic Act and marble butterfly develop a habitat the island marble butterfly. implementing regulations, local laws management plan consistent with State Laws and Regulations and regulations governing land use do County recommendations for the not apply. However, the following local conservation of the island marble State laws and regulations that apply laws and regulations may provide some butterfly prior to permitting. The San across San Juan and Lopez Islands benefit to the island marble butterfly, Juan County Comprehensive Plan include provisions to limit collection of should the species expand its range or recommends that property owners with butterflies for scientific purposes, but no recolonize suitable habitat areas outside occupied island marble butterfly habitat specific protections to island marble American Camp. avoid the use of insecticides and butterfly habitats. The island marble The Washington State Growth herbicides, limit grazing and butterfly is currently classified as a Management Act of 1990 (GMA) agricultural disturbance, and protect candidate species by the State of requires all jurisdictions in the State to areas with larval host plants during the Washington (WDFW 2015a, p. 2). designate and protect critical areas. The development process (San Juan County Candidates are those species considered State defines five broad categories of 2015, pp. 40, 45). However, the by Washington State to be sensitive and critical areas, including: (1) Wetlands; conservation recommendations are not potentially in need of protection (2) areas with a critical recharging effect comprehensive enough to prevent local through the process of designation as on aquifers used for potable water; (3) extirpation of the island marble endangered, following procedures fish and wildlife habitat conservation butterfly because they do not address all established by the Washington areas; (4) frequently flooded areas; and of the stressors influencing its Administrative Code (WAC) (232–12– (5) geologically hazardous areas. The persistence (e.g., landscaping, 297). However, candidates are not upland prairie habitat type that island permanent landscape conversion, afforded any specific regulatory marble butterflies may use, but are not mowing, etc.), as evidenced by the protections (Potter 2015c, in litt.). The restricted to, is considered both a fish complete loss of occupied island marble island marble butterfly is afforded and wildlife habitat conservation area butterfly habitat within areas developed limited State regulatory protections and an area with a critical recharging since 2006 (see ‘‘Development,’’ above, from overcollection as the State of effect on aquifers under the GMA. under Factor A). Washington requires a scientific Identification as a fish and wildlife In addition, the San Juan County collection permit for handling or habitat conservation area mandates that Comprehensive Plan concentrates urban collecting any fish, or wildlife, their each county within Washington State density within UGAs in order to nests, or eggs for scientific purposes preserve and protect the fish and preserve the rural nature of the San Juan (WAC 220–20–045; Revised Code of wildlife associated with each habitat archipelago (San Juan County 2010, Washington (RCW) 77.32.240). conservation area by developing entire). We considered the plan in our

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15916 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

2006 12-month finding (71 FR 66292, et al. 2011, entire; Vernon and Weaver chrysalids may further deplete the November 14, 2006), concluding that 2012, entire; Weaver and Vernon 2014, genetic diversity of the island marble the restriction of high-density entire; Potter 2015a, in litt.; Vernon butterfly. Similarly, in grassland habitat, development would lead to the 2015a, entire). Declining numbers for a poorly timed or uncontrolled fire maintenance of suitable habitat on the island marble butterfly have been could destroy a large portion of the Lopez and San Juan Islands. While documented during annual monitoring remaining population. The effect of preserving the low-density agricultural at American Camp that has taken place predation, which has always been at environment on San Juan and Lopez from 2004 through 2015 (see least a baseline limiting factor for the Islands partially prevents the direct ‘‘Abundance,’’ above), and the species island marble butterfly, is magnified conversion of suitable island marble now appears to be restricted to a single when there are so few individuals left. butterfly habitat to other incompatible known population centered on Additional stochastic events that could uses (e.g., impermeable surfaces, American Camp. potentially be devastating include a late- manicured lawns, residential housing), Compared to large populations, small spring weather abnormality, such as an new evidence indicates that, despite populations are disproportionately extended hard freeze or a powerful these planning efforts, island marble affected by environmental, storm during the flight season; a year in butterfly habitat has been severely demographic, and genetic stochasticity, which predator populations were curtailed rangewide since 2006, due to and thus face greater risk of extinction unusually high; or introduction of a a variety of factors (e.g., mowing, (Frankham 1996, p. 1506; Saccheri et al. novel predator. Given that the very landscaping, or removal of host plants) 1998, entire; Harper et al. 2003, pp. small population at American Camp is (Miskelly and Potter 2005, p. 6; Miskelly 3349, 3354). Environmental likely the only remaining population of and Fleckenstein 2007, p. 6; Potter stochasticity is the variation in birth and the species, we conclude that small 2015a, in litt.). death rates from one season to the next population size makes it particularly in response to weather, disease, vulnerable to a variety of likely Summary of Existing Regulatory competition, predation, or other factors stochastic events, and this constitutes a Mechanisms external to the population (Shaffer 1981, threat to the island marble butterfly at The island marble butterfly and its p. 131). For example, drought or the individual, population, and species host plant are afforded substantial predation, in combination with a low levels. regulatory protections from population year, could result in anthropogenic threats at American extirpation, and butterflies are known to Vehicular Collisions Camp through NPS regulations and the be sensitive to environmental variation, Habitat occupied by the island marble current general management plan for increasing the influence of this factor butterfly within American Camp is San Juan Island National Historical (Weiss et al. 1993, pp. 267–269). bisected by Cattle Point Road, a Park. In addition, State- and County- Stochastic environmental events can be highway that is the only point of access level regulatory mechanisms that natural or human-caused. for a small residential community at the influence development and zoning on Demographic stochasticity refers to southeastern tip of San Juan Island San Juan and Lopez Islands are random variability in survival or (approximately 100–150 housing units) generally beneficial to suitable habitat reproduction among individuals within and, as such, is routinely driven by the that could be occupied by the island a population (Shaffer 1981, p. 131). This residents. The highway runs along the marble butterfly in the future. In random variability has a proportionately shoulder of Mount Finlayson, a summary, the existing Federal, State, large effect on small populations, such landscape feature that male island and local regulatory mechanisms that any loss of beneficial alleles (genes marble butterflies typically follow when provide some benefits to the island that provide for more successful patrolling for females (Lambert 2016b, marble butterfly and its habitat, but do reproduction and survival) may result in pers. comm.). While there have been no not sufficiently ameliorate all the threats a rapid reduction in fitness, making specific reports of island marble to the species. small populations much more likely to butterfly road kills, the presence of the go extinct than large populations highway within occupied habitat Factor E. Other Natural or Manmade (Frankham 1996, p. 1507). Genetic exposes the species to potential vehicle Factors Affecting Its Continued stochasticity, or genetic drift, describes collisions. Few studies provide detail on Existence random changes in the genetic the scale of vehicle-caused mortality for Under Factor E, we evaluate the composition of a population that are not invertebrate species, and even fewer island marble butterfly’s small related to systemic forces such as specifically examine butterfly mortality population size and its vulnerability to natural selection, inbreeding, or or the effects of traffic on individual stochastic events, vehicular collisions, migration. In small populations, genetic butterfly species (Seibert and Conover insecticide application, and climate stochasticity is more likely to result in 1991, p. 163; Munguira and Thomas change. reduced fitness and ultimately a lower 1992, entire; Rao and Girish 2007, number of individuals contributed to entire). Small Population Size and Vulnerability each successive generation. Small, One peer-reviewed study that to Stochastic Events narrowly distributed populations examined vehicular mortality for Since its rediscovery in 1998, the generally have lower genetic diversity butterflies found that a species in the island marble butterfly has been than larger populations, which can same family as the island marble documented to have a narrow result in less resilience to changing butterfly, Pieris rapae, was more likely distribution, which has become environmental conditions. to be struck and killed by vehicles in increasingly constrained as secure Because the island marble butterfly comparison to the other more sedentary habitat has been reduced or destroyed persists in low numbers, loss of a species in the study, with 7 percent of throughout its range (Miskelly and portion of the remaining population a local population killed by cars in a 44- Potter 2005, entire; Miskelly and could have disproportionately negative day period (Munguira and Thomas Fleckenstein 2007, entire; Miskelly and effects. Storm surges that destroy 1992, p. 325). The study was conducted Potter 2009, entire; Hanson et al. 2009, nearshore habitat containing along ‘‘main roads’’ in the United entire; Hanson et al. 2010, entire; Potter overwintering island marble butterfly Kingdom that connected relatively large

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15917

cities (Munguira and Thomas 1992, p. species (National Pesticide Information We recognize that the use of 317); thus, it is likely they had more Center 2015, p. 1; Oregon Health insecticides could have a negative traffic than the highway at American Authority 2015, p. 1). In forestry, it is impact on larvae of the island marble Camp. While the authors of the study used broadly for the control of the Asian butterfly if applied in such a way that did not find the percentage of the and European gypsy moth species individuals were exposed. However, population killed by vehicles to be (Lymantria dispar, and L. dispar dispar, there is no documented exposure to significant in comparison to mortality respectively) (see WSDA 2015, entire). insecticide use in the island marble caused by other natural factors affecting Btk is also more generally applied for butterfly at this time. While there is the their survival (Munguira and Thomas other lepidopteran pest species, such as potential for high levels of mortality 1992, p. 316), the loss of individual tent caterpillars (Malacosoma spp.). resulting from insecticide exposure, we island marble butterflies could have Btk has the potential to kill the island conclude that insecticide use is not disproportionately large negative effects marble butterfly larvae if applied in having a known impact on the island on the species as a whole because of its close proximity and upwind of an marble butterfly, principally because of restricted range and small population occupied site. Spraying of Btk has had the low likelihood of exposure at size. adverse effects to nontarget butterfly American Camp. Male island marble butterflies are and moth species (Severns 2002, p. 169; attracted to white (ultraviolet-reflecting) Wagner and Miller 1995, p. 19), with Late Emergence of Adult Butterflies objects that may resemble females and butterfly diversity, richness, and Since regular transect surveys for the have been observed to investigate white abundance (density) reduced for up to 2 island marble butterfly began in 2004, flowers (e.g., field chickweed and years following the application of Btk the first date of the flight period has yarrow), white picket fences, and white (Severns 2002, p. 168). One study shifted an average of approximately 9 lines painted on the surface of roads demonstrated that most nontarget days later in the year (USFWS 2016 (Lambert 2011, p. 47). The highway lepidopteran species may be more unpublished data). The reason for this through American Camp has fog lines susceptible to Btk than target species change is unclear, and the existing time- that are painted white that could be such as Asian and European gypsy series is too brief to ascertain whether attractive to adult butterflies, thereby moths or western tent caterpillars (Haas this change is a trend or part of natural increasing their risk of being killed by and Scriber 1998). For nontarget variability on a longer time scale. For vehicles. The centerlines on the lepidopterans, the early instar stages of example, no clear correlation exists highway are painted yellow. larvae are the most susceptible stage between average winter temperatures Given the presence of a highway (Wagner and Miller 1995, p. 21). and the beginning of the island marble within the single remaining site Large-scale application of Btk in flight season and the shift toward later occupied by island marble butterflies, Washington State is done in a targeted emergence between 2004 and 2016. and their attraction to white road stripes fashion in response to positive trapping Later emergence cannot currently be that are present along the Cattle Point of pest species. In most years, Btk attributed to climate change, although Road edges, we expect that some application is conducted at the scale of temperature may play a role. When vehicular mortality is likely. However, hundreds of acres per year, although in conditions inside the captive-rearing lab we cannot estimate the severity of this years when detection of pest species are for island marble butterflies were cooler stressor, as vehicular mortality has not high, such as in 2015, application of Btk than the ambient temperature in 2015, been specifically studied for the island may be scaled up to thousands of acres butterflies emerged later than the wild marble butterfly or documented at in response (WSDA 2015, p. 1). Large- population (Shrum 2015b, in litt.). The American Camp. Therefore, while there scale application of Btk does not temperature was increased inside in is the potential for mortality resulting normally overlap with areas where the 2016, and the captive and wild adults from vehicular collisions, the best island marble butterfly is known to emerged at the same time (Weaver 2015, available information does not indicate occur within American Camp, although in litt.; Shrum 2016, in litt.). Other that vehicular collision currently has an if pest species were detected in close environmental conditions, including individual, population, or species-level proximity and if the target species is moisture, likely influence emergence impact to the island marble butterfly. active at the same time as larvae of the time as well (Bates et al. 2002, p. 3). island marble butterfly, the effect of Btk Ongoing research has recently Insecticide Application treatment could be detrimental. Because detected a steep increase in mortality for The best available information does the island marble butterfly produces a late-season eggs and larvae compared to not indicate any insecticide use in single brood per year, has a spring flight the mortality of early-season eggs, with proximity to areas that are currently season, and has developing larvae none of the larvae observed in study known to be occupied by the island during the summer insecticide plots surviving to the fifth instar in 2015 marble butterfly at American Camp. application period, this species is more (Lambert 2015d, p. 14). Only a portion However, remnant patches of likely to be susceptible to the adverse of the mortality documented was potentially suitable habitat for the effects of Btk than butterfly species with attributable to starvation (25 percent); species are located within a matrix of later flight and developmental periods the greatest cause of mortality was rural agricultural lands and low-density or those that produce multiple broods attributable to direct predation (60 residential development, where per year. Btk is commonly used to percent) (Lambert 2015d, p. 14; and see insecticides may be used. One such control tent caterpillars and is likely to discussion above under Factor C). The insecticide that has the potential to have been used on San Juan Island single, small population of island adversely affect the island marble (Potter 2015d, in litt.), although the marble butterflies likely cannot sustain butterfly if applied during its larval effect on the island marble butterfly at the increased late-season predation phase is Bacillus thuringiensis var. American Camp is not documented. At pressure, and probable survival of fewer kurstaki (Btk). This insecticide, derived this time, the best available information offspring, over multiple years. from a common soil bacterium, is used does not indicate that Btk has been in a wide range of settings, including applied at or adjacent to any location Climate Change organic agriculture, for the control of where island marble butterflies are Our analyses under the Act include lepidopteran (butterfly and moth) pest known to occur. consideration of ongoing and projected

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15918 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

changes in climate. The majority of emerging island marble butterflies have Pacific Ocean, which warms and cools climate models for the Pacific suffered starvation (Lambert 2015d, p. in sync with the Pacific Decadal Northwest region predict wetter winters, 14), perhaps as a result of mismatch Oscillation (Mantua and Hare 2002, with an increase in the proportion of between butterfly and food-plant entire). Given the unclear direction of precipitation falling as rain rather than phenology, no recurring pattern in such climate trends in the San Juan snow due to increasing ambient mismatch exists now that can be archipelago, we cannot conclude that temperature, and drier summers as a associated with climate change. the island marble butterfly is exhibiting result of reduced snowpack and ensuing However, monitoring of phenology and phenological changes such as later hydrologic drought (Mote and Salathe´ survival in the island marble butterfly is emergence as a result of climate change, 2010, p. 48). No downscaled climate ongoing and may shed light on this or that the species will do so in the models specific to the San Juan Island relationship in the future. future. archipelago are available, and San Juan Sea-level rise associated with climate Climate conditions that affect Island is not reliant on snowpack for its change is expected to continue as polar phenology in a given year can have water. The portion of San Juan Island ice melts, leading to an increase in important impacts to the species, where the known population of the ocean volume (Adelsman et al. 2012, p. however. Cooler temperatures are island marble butterfly occurs is in the 82). The warming climate is also associated with later emergence of rain shadow of mountain ranges on expected to lead to rising ocean butterflies reared in captivity (Weaver Vancouver Island, Canada, and in temperatures resulting in thermal 2015, in litt.), and late emergence leads Washington State, resulting in weather expansion of the water, which will also to a spike in late-season predation on patterns commonly drier than much of increase the volume of the ocean island butterfly larvae, when spider and the rest of the Pacific Northwest (Mass (Dalton et al. 2013, p. 70). Both of these wasp populations are greatest (see 2009, entire). While the San Juan Island effects of climate change are expected to discussions above under Factor C, and archipelago may be subject to the lead to rising sea level, which will have under ‘‘Late Emergence of Adult increasing average annual temperatures the direct effect of increasing the Butterflies’’). Compared with an associated with climate change, it is impacts of storm surges and flooding abundant species with numerous, well- unclear how changing temperatures will events in low-lying areas, such as the distributed populations, the island affect the island marble butterfly. nearshore lagoon habitat of the island marble butterfly’s small remaining marble butterfly (MacLennan et al. population is far more vulnerable to One predicted stressor associated 2013, pp. 4–5; Vose et al. 2014, p. 381; such fluctuations in mortality. with climate change for herbivorous Friends of the San Juans 2014, p. 7; Conservation Efforts To Reduce Other (plant-eating) insect species is the Whitman and MacLennan 2015, in litt.; Natural or Manmade Factors Affecting potential for the development of NOAA 2015a, entire; NOAA 2015b, Its Continued Existence phenological asynchrony (a mismatch in entire). Because the nearshore habitat is timing) between insects and their larval barely above sea level, rise in sea level The Service, NPS, and other partners host plants (Bale et al. 2002, p. 8). If an increases the risk of inundation and have been implementing multiple herbivorous insect emerges earlier or direct mortality for island marble conservation efforts in an attempt to later than the optimal stage of its larval butterflies overwintering as chrysalids ameliorate the threats posed by small host plant, the insect may not be able to in low-lying nearshore habitat. Powerful population size, vulnerability to find plants at the right stage for egg storm surges have historically deposited stochastic events, and insecticide laying, or the insect’s larvae may not large amounts of coarse sediment and applications. No conservation efforts have adequate food resources. If the driftwood in areas occupied by Menzies’ currently address collisions with insect emerges earlier than its larval pepperweed (an estimated 5–8 percent vehicles or the effects of climate change. host plant, the plants may not be of habitat occupied in 2006) and where Below we summarize the conservation detectable, leaving the animal with no a number of island marble butterflies measures that have been implemented place to lay her eggs, or the plants may were overwintering as chrysalids, by NPS, WDFW, University of be too small to provide enough forage leading to low numbers of individuals Washington researchers, and for larvae, leading to starvation. detected in nearshore habitat in years conservation partners on San Juan Conversely, if the insect emerges when following a storm surge event (Lambert Island to address the threats to the the plant is at a later phenological stage, 2011, pp. 99, 145–146; Lambert 2015f, island marble butterfly described above eggs may be laid on a larval host plant in litt.). Due to the small number of under Factor E. that has matured to the point that plant individuals remaining, mortality and The Service, NPS, and other partners tissues are too tough for the larvae to habitat loss resulting from storm surges have conducted conservation efforts to consume, or the plant may die before likely has a population-level impact on address the effects of small population the insect has acquired enough the island marble butterfly, and we size and vulnerability to stochastic resources to survive to the pupation expect these impacts to increase over events on the island marble butterfly stage. The island marble butterfly is an time as an effect of global climate since 2008. Specifically, NPS and other early-flying species, generally emerging change. partners began exploring methods for in April and immediately mating and While some effects of global climate captive-rearing island marble butterflies laying eggs on the larval host plants that change, such as sea-level rise and storm in 2008. In 2009, 16 island marble are available. This strategy ensures that intensity, are expected to be nearly butterfly individuals were rescued from the host plants are young enough to universal, warming associated with a construction site, reared to emergence provide tender plant tissue for first climate change is expected to be as adult butterflies, and released in the instar larvae, which have mouthparts variable or even patchy, depending on spring of 2010 (Vernon 2015d, p. 2). In incapable of consuming anything but localized weather patterns (e.g., patterns 2010, more individuals were reared as the high-moisture flower buds. In the influenced by oceanographic part of a food preference experiment absence of access to tender buds, early phenomena such as El Nin˜ o and La (Trapp and Weaver 2010, entire), and 32 instar larvae die from desiccation Nin˜ a) (Adelsman et al. 2012, p. 37). The adults were released in 2011 (Vernon (Lambert 2011, p. 12). Although Pacific Northwest region of the United 2011, p. 5). These opportunistic events evidence exists that some larvae of late- States abuts the eastern edge of the demonstrated that rescue, rearing, and

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15919

releasing of island marble butterflies Btk in close proximity to sites occupied population, have the potential in could be successful. A handbook based by the island marble butterfly. The final combination to rapidly affect the size, on these captive-rearing events and decision over the use of insecticide for growth rate, and genetic integrity of a more recent efforts was developed to control of invasive moths and butterflies species that persists as a small, isolated guide captive-rearing and release efforts has been, and will continue to be, made population. Thus, factors that, by for the island marble butterfly (Vernon by the Washington State Department of themselves, may not have a significant 2015d, entire). Agriculture after coordination with the effect on the island marble butterfly, In 2013, continued decline in the Service and WDFW. All pesticide used may affect the species when considered number of island marble butterflies by the State of Washington is applied in in combination. observed in the wild led to the rescue, compliance with label instructions, Determination of Species’ Status captive-rearing, and release of the which are designed to reduce overspray, species in an effort to improve drift, and other negative impacts to Section 4 of the Act (16 U.S.C. 1533), survivorship and reverse the trend of nontarget organisms and areas. and its implementing regulations at 50 declining numbers, and provide a safety CFR part 424, set forth the procedures net against stochastic events. Forty- Summary of Other Natural or Manmade for determining whether a species is an seven individuals successfully formed Factors Affecting Its Continued endangered species or threatened chrysalids, and 40 adult island marble Existence species and should be included on the butterflies emerged in the spring of The small population size of the Federal Lists of Endangered and 2014, and were released at American island marble butterfly makes the Threatened Wildlife and Plants. Under Camp (85 percent survival) (Vernon species highly vulnerable to stochastic section 4(a)(1) of the Act, we evaluate 2015d, p. 3). NPS has scaled up and events (such as storm surges and climate all of the following factors to determine streamlined the captive-rearing anomalies) that directly or indirectly whether listing may be warranted: (A) program. In 2014, NPS converted an affect survival and reproductive success The present or threatened destruction, outbuilding into a rearing facility, and or the extent of habitat. Storm surges, modification, or curtailment of its 89 eggs and larvae were brought in for which can cause direct mortality of habitat or range; (B) Overutilization for captive-rearing. Of those, 75 adult island marble butterflies and habitat commercial, recreational, scientific, or island marble butterflies emerged (84 loss, are likely to increase with climate educational purposes; (C) Disease or percent survival) in the spring of 2015, change. Although successful captive- predation; (D) The inadequacy of and were released at American Camp rearing and release of island marble existing regulatory mechanisms; or (E) (Silahua 2015, in litt.). In 2015, 126 eggs butterflies is an important achievement Other natural or manmade factors and larvae were brought in for captive- that has supplemented numbers at affecting its continued existence. rearing, 114 of which survived to American Camp since 2013, threats to As required by the Act, we have become chrysalids (Silahua 2015, in the species and its habitat continue. The carefully assessed the best scientific and litt.). range of the island marble butterfly has commercial information available Although the number of adult island continued to contract at American regarding the past, present, and future marble butterflies recorded during Camp, and the number of island marble threats to the island marble butterfly. annual surveys remains small (fewer butterflies observed annually has Since the species was discovered in the than 30 butterflies were observed each continued to decline. These San Juan Islands in 1998, the species’ year during monitoring for the 2014 and conservation efforts will need to be range has contracted from five 2015 flight seasons), the captive-rearing continued into the future and be populations on two islands (San Juan effort has likely provided crucial monitored to assess their long-term and Lopez) to a single population, at support to the population remaining in conservation value to the island marble American Camp on San Juan Island, the wild and will remain necessary in butterfly before we can determine their today. The causes of these extirpations the future. However, this ongoing efficacy. are not well understood, but likely conservation effort to address small include habitat loss outside American Cumulative Effects population size and vulnerability to Camp from a combination of sources. stochastic events is not without risk and In our analysis of the five factors, we Within the single remaining population does not ameliorate other threats to the found that the island marble butterfly is at American Camp, the number of sites species in the long term. For example, likely to be affected by loss and where island marble butterflies are in 2015, individuals reared in captivity degradation of habitat, direct and detected during surveys declined from emerged late in the flight season (on or incidental predation, and vulnerabilities 25 in 2007, to 4 in 2015. Encounter rates around May 13) (Weaver 2015b, in litt.), associated with small population size. for adult butterflies calculated from and available data suggest that the Multiple stressors acting in combination survey data have declined each year, majority of the offspring of these have greater potential to affect the from almost 2 per 100 meters in 2004, captive-reared individuals died as a island marble butterfly than each factor to about 0.3 per 100 meters in 2015. The result of high late-season predation rates alone. For example, increased sea level slight increase in this rate in 2016, to 0.6 (Lambert 2015d, p. 14; see discussion resulting from climate change may per 100 meters, does not reverse the under Factor C, above). In 2016, the date enhance the impacts of storm surges and overall trend of decline. Captive rearing of emergence in the captive-rearing flooding on low-lying coastal habitat and release of the island marble facility was better calibrated to ambient where the one native larval host plant butterfly shows promise for bolstering environmental temperatures by for the species occurs. The combined the remaining population of the species. adjusting the temperature in the rearing effects of environmental and However, the potential for this species facility to match those of the demographic stochasticity, especially on to recolonize areas within its historical surrounding outdoor area, but there are a small population, can lead to a decline range is uncertain due to ongoing, likely to be other unforeseen challenges that is unrecoverable and results in pervasive habitat degradation that to successful captive-rearing. extinction (Brook et al. 2008, pp. 457– results from herbivory by deer and other Conservation efforts to reduce natural 458). The impacts of the stressors animals on larval host plants, from plant or manmade factors include efforts to described above, which might be succession and invasion by nonnative reduce the application of the insecticide sustained by a larger, more resilient plants that render habitat unsuitable for

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15920 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

larval host plants, and potentially from already contracted range and single conservation of endangered and cultivation and other land uses. The remaining population, because the threatened species. The recovery widespread occurrence of native threats are ongoing and affecting the planning process involves the (spiders) and nonnative (wasps) entirety of the species, and because identification of actions that are predators of eggs and larvae is also an these threats are expected to continue necessary to halt or reverse the species’ ongoing threat that may hamper or into the future. decline by addressing the threats to its prevent potential recolonizations. Therefore, on the basis of the best survival and recovery. The goal of this Furthermore, the source for any available scientific and commercial process is to restore listed species to a recolonizations consists of a single, information, we propose listing the point where they are secure, self- small population already vulnerable to island marble butterfly as an sustaining, and functioning components these threats and to stochastic sources of endangered species in accordance with of their ecosystems. mortality, such as severe storms and sections 3(6) and 4(a)(1) of the Act. Recovery planning includes the other climate anomalies. Under the Act and our implementing development of a recovery outline, In summary, we have identified the regulations, a species may warrant preparation of a draft and final recovery following threats to the island marble listing if it is endangered or threatened plan, and revisions to the plan as butterfly: (1) Habitat loss and throughout all or a significant portion of significant new information becomes degradation from plant succession and its range. Because we have determined available. The recovery outline guides competition with invasive species that that the island marble butterfly is the immediate implementation of urgent displace larval host plants; herbivory by endangered throughout all of its range, recovery actions and describes the deer, European rabbits, and brown we do not need to conduct an analysis process to be used to develop a recovery garden snails; and storm surges (Factor of whether there is any significant plan. Revisions of the plan may be done A); (2) direct predation by spiders and portion of its range where the species is to address continuing or new threats to wasps and incidental predation by deer in danger of extinction or likely to the species, as new substantive (Factor C); (3) small population size and become so in the foreseeable future. information becomes available. The vulnerability to stochastic events (Factor This is consistent with the Act because recovery plan also identifies recovery E); and (4) the cumulative effects of when we find that a species is currently criteria for review of when a species small population size and the restricted in danger of extinction throughout all of may be ready for downlisting (i.e., range combined with any stressor that its range (i.e., meets the definition of an reclassification from endangered to removes individuals from the ‘‘endangered species’’), the species is threatened status) or delisting (i.e., population or decreases the species’ experiencing high-magnitude threats removal from the List of Endangered reproductive success (Factor E). These across its range or threats are so high in and Threatened Wildlife or List of threats affect the island marble butterfly particular areas that they severely affect Endangered and Threatened Plants) and throughout the entirety of its range and the species across its range. Therefore, methods for monitoring recovery are ongoing and likely to persist into the the species is in danger of extinction progress. Recovery plans also establish foreseeable future. These factors pose throughout every portion of its range a framework for agencies to coordinate threats to the island marble butterfly and an analysis of whether there is any their recovery efforts and provide whether considered individually or significant portion of the range that may estimates of the cost of implementing cumulatively. The existing regulatory be in danger of extinction or likely to recovery tasks. Recovery teams mechanisms (Factor D) and ongoing become so would not result in a (composed of species experts, Federal conservation efforts are not currently different outcome. and State agencies, nongovernmental sufficient to ameliorate the impact of organizations, and stakeholders) are Available Conservation Measures these threats; despite intense focused often established to develop recovery efforts to conserve the species, Conservation measures provided to plans. We intend to make a recovery population numbers continue to species listed as endangered or outline available to the public decline. threatened under the Act include concurrent with the final listing rule, if The ongoing threats of habitat loss recognition, recovery actions, listing continues to be warranted. When and degradation, predation, the effects requirements for Federal protection, and completed, the recovery outline, draft of small population size, and stochastic prohibitions against certain practices. recovery plan, and the final recovery events that cause mortality or reduce Recognition through listing results in plan will be available on our website reproductive success render this species public awareness and conservation by (http://www.fws.gov/endangered), or in its entirety presently in danger of Federal, State, Tribal, and local from our Washington Fish and Wildlife extinction throughout all of its range. agencies; private organizations; and Office (see FOR FURTHER INFORMATION The Act defines an endangered individuals. The Act encourages CONTACT). species as any species that is ‘‘in danger cooperation with the States and requires Implementation of recovery actions of extinction throughout all or a that recovery actions be carried out for generally requires the participation of a significant portion of its range’’ and a all listed species. The protection broad range of partners, including other threatened species as any species ‘‘that required by Federal agencies and the Federal agencies, States, Tribes, is likely to become endangered prohibitions against certain activities nongovernmental organizations, throughout all or a significant portion of are discussed, in part, below. businesses, and private landowners. its range within the foreseeable future.’’ The primary purpose of the Act is the Examples of recovery actions include The ongoing threats of habitat loss and conservation of endangered and habitat restoration (e.g., restoration of degradation, predation, the effects of threatened species and the ecosystems native vegetation), research, captive- small population size, and stochastic upon which they depend. The ultimate propagation and reintroduction, and events that cause mortality or reduce goal of such conservation efforts is the outreach and education. The recovery of reproductive success render this species recovery of these listed species, so that many listed species cannot be in its entirety presently in danger of they no longer need the protective accomplished solely on Federal lands extinction. We find that threatened measures of the Act. Subsection 4(f) of because their range may occur primarily species status is not appropriate for the the Act requires the Service to develop or solely on non-Federal lands. To island marble butterfly because of its and implement recovery plans for the achieve recovery of these species

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15921

requires cooperative conservation efforts of Agriculture, and the U.S. Coast 100 years old, as defined by section on all lands. Guard. 10(h)(1) of the Act; If the island marble butterfly is listed, The Act and its implementing (2) Introduction of nonnative species funding for recovery actions will be regulations set forth a series of general that compete with or prey upon the available from a variety of sources, prohibitions and exceptions that apply island marble butterfly or its host and including Federal budgets, State to all endangered wildlife. The nectar plants, for example, the programs, and cost-share grants for non- prohibitions of section 9(a)(1) of the Act, introduction of competing, nonnative Federal landowners, the academic codified at 50 CFR 17.21, make it illegal plants or animals to the San Juan community, and nongovernmental for any person subject to the jurisdiction Islands or the State of Washington; organizations. In addition, pursuant to of the United States to take (which (3) The unauthorized release of section 6 of the Act, the State of includes harass, harm, pursue, hunt, biological control agents that attack any Washington would be eligible for shoot, wound, kill, trap, capture, or life stage of the island marble butterfly, Federal funds to implement collect; or to attempt any of these) for example, Btk release in the range of management actions that promote the endangered wildlife within the United the species; protection or recovery of the island States or on the high seas. In addition, (4) Unauthorized modification of the marble butterfly. Information on our it is unlawful to import; export; deliver, soil profiles or the vegetation grant programs that are available to aid receive, carry, transport, or ship in components on sites known to be species recovery can be found at: http:// interstate or foreign commerce in the occupied by island marble butterflies; or www.fws.gov/grants. course of commercial activity; or sell or (5) Intentional disturbance of Although the island marble butterfly offer for sale in interstate or foreign butterflies or their larvae, or mowing or is only proposed for listing under the commerce any listed species. It is also burning of occupied habitats during the Act at this time, please let us know if illegal to possess, sell, deliver, carry, breeding season. you are interested in participating in transport, or ship any such wildlife that Questions regarding whether specific recovery efforts for this species. has been taken illegally. Certain activities would constitute a violation of Additionally, we invite you to submit exceptions apply to employees of the section 9 of the Act should be directed any new information on this species Service, the National Marine Fisheries to the Washington Fish and Wildlife whenever it becomes available and any Service, other Federal land management Office (see FOR FURTHER INFORMATION information you may have for recovery agencies, and State conservation CONTACT). planning purposes (see FOR FURTHER agencies. INFORMATION CONTACT). Critical Habitat We may issue permits to carry out Section 7(a) of the Act requires Background Federal agencies to evaluate their otherwise prohibited activities actions with respect to any species that involving endangered and threatened Critical habitat is defined in section 3 is proposed or listed as an endangered wildlife species under certain of the Act as: or threatened species and with respect circumstances. Regulations governing (1) The specific areas within the to its critical habitat, if any is permits are codified at 50 CFR 17.22 for geographical area occupied by the designated. Regulations implementing endangered species. With regard to species, at the time it is listed in this interagency cooperation provision endangered wildlife, a permit may be accordance with the Act, on which are of the Act are codified at 50 CFR part issued for the following purposes: For found those physical or biological 402. Section 7(a)(4) of the Act requires scientific purposes, to enhance the features Federal agencies to confer with the propagation or survival of the species, (a) Essential to the conservation of the Service on any action that is likely to or for incidental take in connection with species, and jeopardize the continued existence of a otherwise lawful activities. There are (b) Which may require special species proposed for listing or result in also certain statutory exemptions from management considerations or destruction or adverse modification of the prohibitions, which are found in protection; and proposed critical habitat. If a species is sections 9 and 10 of the Act. (2) Specific areas outside the listed subsequently, section 7(a)(2) of Our policy, as published in the geographical area occupied by the the Act requires Federal agencies to Federal Register on July 1, 1994 (59 FR species at the time it is listed, upon a ensure that activities they authorize, 34272), is to identify to the maximum determination that such areas are fund, or carry out are not likely to extent practicable at the time a species essential for the conservation of the jeopardize the continued existence of is listed, those activities that would or species. the species or destroy or adversely would not constitute a violation of Our regulations at 50 CFR 424.02 modify its critical habitat. If a Federal section 9 of the Act. The intent of this define the geographical area occupied action may affect a listed species or its policy is to increase public awareness of by the species as: An area that may critical habitat, the responsible Federal the effect of a proposed listing on generally be delineated around species’ agency must enter into consultation proposed and ongoing activities within occurrences, as determined by the with the Service. the range of species proposed for listing. Secretary (i.e., range). Such areas may Federal agency actions within the Based on the best available information, include those areas used throughout all species’ habitat that may require the following activities could or part of the species’ life cycle, even if conference or consultation or both as potentially result in a violation of not used on a regular basis (e.g., described in the preceding paragraph section 9 of the Act; this list is not migratory corridors, seasonal habitats, include management and any other comprehensive: and habitats used periodically, but not landscape-altering activities on Federal (1) Unauthorized collecting, handling, solely by vagrant individuals). lands administered by the Bureau of possessing, selling, delivering, carrying, Conservation, as defined under Land Management, Farm Service or transporting of island marble section 3 of the Act, means to use and Agency, Federal Highway butterflies, including import or export the use of all methods and procedures Administration, National Park Service, across State lines and international that are necessary to bring an U.S Army Corps of Engineers, U.S. Fish boundaries, except for properly endangered or threatened species to the and Wildlife Service, U.S. Department documented antique specimens at least point at which the measures provided

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15922 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

pursuant to the Act are no longer feature may be a single habitat materials, or experts’ opinions or necessary. Such methods and characteristic, or a more complex personal knowledge. procedures include, but are not limited combination of habitat characteristics. Habitat is dynamic, and species may to, all activities associated with Features may include habitat move from one area to another over scientific resources management such as characteristics that support ephemeral time. We recognize that critical habitat research, census, law enforcement, or dynamic habitat conditions. Features designated at a particular point in time habitat acquisition and maintenance, may also be expressed in terms relating may not include all of the habitat areas propagation, live trapping, and to principles of conservation biology, that we may later determine are transplantation, and, in the such as patch size, distribution necessary for the recovery of the extraordinary case where population distances, and connectivity. species. For these reasons, a critical pressures within a given ecosystem Under the second prong of the Act’s habitat designation does not signal that cannot be otherwise relieved, may definition of critical habitat, we can habitat outside the designated area is include regulated taking. designate critical habitat in areas unimportant or may not be needed for Critical habitat receives protection outside the geographical area occupied recovery of the species. Areas that are under section 7 of the Act through the by the species at the time it is listed, important to the conservation of the requirement that Federal agencies upon a determination that such areas species, both inside and outside the ensure, in consultation with the Service, are essential for the conservation of the critical habitat designation, will that any action they authorize, fund, or species. We determine whether continue to be subject to: (1) carry out is not likely to result in the unoccupied areas are essential for the Conservation actions implemented destruction or adverse modification of conservation of the species by under section 7(a)(1) of the Act; (2) critical habitat. The designation of considering the life-history, status, and regulatory protections afforded by the critical habitat does not affect land conservation needs of the species. This requirement in section 7(a)(2) of the Act ownership or establish a refuge, is further informed by any generalized for Federal agencies to ensure their wilderness, reserve, preserve, or other conservation strategy, criteria, or outline actions are not likely to jeopardize the conservation area. Such designation that may have been developed for the continued existence of any endangered does not allow the government or public species to provide a substantive or threatened species; and (3) section 9 to access private lands. Such foundation for identifying which of the Act’s prohibitions on taking any designation does not require features and specific areas are essential individual of the species, including implementation of restoration, recovery, to the conservation of the species and, taking caused by actions that affect or enhancement measures by non- as a result, the development of the habitat. Federally funded or permitted Federal landowners. Where a landowner critical habitat designation. projects affecting listed species outside requests Federal agency funding or Section 4 of the Act requires that we their designated critical habitat areas authorization for an action that may designate critical habitat on the basis of may still result in jeopardy findings in affect a listed species or critical habitat, the best scientific data available. some cases. These protections and the consultation requirements of section Further, our Policy on Information conservation tools will continue to 7(a)(2) of the Act would apply, but even Standards Under the Endangered contribute to recovery of this species. in the event of a destruction or adverse Species Act (published in the Federal Similarly, critical habitat designations modification finding, the obligation of Register on July 1, 1994 (59 FR 34271)), made on the basis of the best available the Federal action agency and the the Information Quality Act (section 515 information at the time of designation landowner is not to restore or recover of the Treasury and General will not control the direction and the species, but to implement Government Appropriations Act for substance of future recovery plans, reasonable and prudent alternatives to Fiscal Year 2001 (Pub. L. 106–554; H.R. habitat conservation plans (HCPs), or avoid destruction or adverse 5658)), and our associated Information other species conservation planning modification of critical habitat. Quality Guidelines, provide criteria, efforts if new information available at Under the first prong of the Act’s establish procedures, and provide the time of these planning efforts calls definition of critical habitat, areas guidance to ensure that our decisions for a different outcome. within the geographical area occupied are based on the best scientific data by the species at the time it was listed available. They require our biologists, to Prudency Determination are included in a critical habitat the extent consistent with the Act and Section 4(a)(3) of the Act, as designation if they contain physical or with the use of the best scientific data amended, and implementing regulations biological features (1) which are available, to use primary and original (50 CFR 424.12), require that, to the essential to the conservation of the sources of information as the basis for maximum extent prudent and species and (2) which may require recommendations to designate critical determinable, the Secretary shall special management considerations or habitat. designate critical habitat at the time the protection. For these areas, critical When we are determining which areas species is determined to be an habitat designations identify, to the should be designated as critical habitat, endangered or threatened species. Our extent known using the best scientific our primary source of information is regulations (50 CFR 424.12(a)(1)) state and commercial data available, those generally the information developed that the designation of critical habitat is physical or biological features that are during the listing process for the not prudent when one or both of the essential to the conservation of the species. Additional information sources following situations exist: species (such as space, food, cover, and may include any generalized (1) The species is threatened by taking protected habitat). In identifying those conservation strategy, criteria, or outline or other human activity, and physical or biological features within an that may have been developed for the identification of critical habitat can be area, we focus on the specific features species, the recovery plan for the expected to increase the degree of threat that support the life-history needs of the species, articles in peer-reviewed to the species, or species, including but not limited to, journals, conservation plans developed (2) Such designation of critical habitat water characteristics, soil type, by States and counties, scientific status would not be beneficial to the species. geological features, prey, vegetation, surveys and studies, biological In determining whether a designation symbiotic species, or other features. A assessments, other unpublished would not be beneficial, the factors the

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15923

Service may consider include but are 424.12(b), in determining which areas provide the combination of habitat not limited to: Whether the present or within the geographical area occupied factors needed by the species. American threatened destruction, modification, or by the species at the time of listing to Camp encompasses multiple small curtailment of a species’ habitat or range designate as critical habitat, we consider populations within large expanses of is not a threat to the species, or whether the physical or biological features that diverse habitat, including open south- any areas meet the definition of ‘‘critical are essential to the conservation of the facing slopes, varied broad-scale habitat.’’ species and which may require special topographic features, and low-statured As discussed above, there is currently management considerations or plant communities (Lambert 2011, pp. no imminent threat of take attributed to protection. For example, physical 151–152; Lambert 2016a, p. 4). Surface collection or vandalism identified under features might include gravel of a topography (slope and aspect) and Factor B for this species, and particular size required for spawning, landscape features that have identification and mapping of critical alkali soil for seed germination, topographic relief (slopes, bluffs, sand habitat is not expected to initiate any protective cover for migration, or banks, or driftwood berms) are critical such threat. In the absence of finding susceptibility to flooding or fire that to the movement and dispersal of the that the designation of critical habitat maintains necessary early-successional island marble butterfly (Lambert 2011, would increase threats to a species, we habitat characteristics. Biological p. 152). next determine whether such features might include prey species, The portion of the park where the designation of critical habitat would not forage grasses, specific kinds or ages of island marble butterfly persists contains be beneficial to the species. In our trees for roosting or nesting, symbiotic an open expanse of prairie and dune proposed listing determination, above, fungi, or a particular level of nonnative habitat greater than 700 ac (283 ha) and we determined that there are habitat- species consistent with conservation is bounded on two sides by marine based threats to the island marble needs of the listed species. The features shoreline. The island marble butterfly butterfly identified under Factor A. may also be combinations of habitat uses landscape features to fly low across Therefore, we find that the designation characteristics and may encompass the the land, following shallow ridgelines of critical habitat would be beneficial to relationship between characteristics or associated with sand dunes, road cuts, the island marble butterfly through the the necessary amount of a characteristic and coastal bluffs. We surmise that the provisions of section 7 of the Act. needed to support the life history of the island marble butterfly uses the lee of Because we have determined that the species. In considering whether features rolling hills or hollows in broader designation of critical habitat will not are essential to the conservation of the expanses of prairie and dune habitats to likely increase the degree of threat to the species, the Service may consider an facilitate their movements. Therefore, species and would be beneficial, we appropriate quality, quantity, and we determine habitat areas large enough find that designation of critical habitat spatial and temporal arrangement of to include broad topographic features is prudent for the island marble habitat characteristics in the context of (e.g., ridgelines, hills, and bluffs) to be butterfly. the life-history needs, condition, and physical or biological features for the status of the species. These island marble butterfly. Critical Habitat Determinability characteristics include, but are not At a rangewide scale, the island Having determined that designation is limited to space for individual and marble butterfly exhibits prudent, under section 4(a)(3) of the Act population growth and for normal metapopulation dynamics, while on a we must find whether critical habitat for behavior; food, water, air, light, local scale, ‘‘patchy’’ population the island marble butterfly is minerals, or other nutritional or dynamics best describes the movement determinable. Our regulations at 50 CFR physiological requirements; cover or of individuals between suitable habitat 424.12(a)(2) state that critical habitat is shelter; sites for breeding, reproduction, patches (Lambert 2011, pp. 147–148). not determinable when one or both of or rearing (or development) of offspring; Specifically, the island marble butterfly the following situations exist: and habitats that are protected from tends to occupy multiple habitat (i) Data sufficient to perform required disturbance. patches within a larger, heterogeneous analyses are lacking, or We derive the specific physical or area, with some small amount of (ii) The biological needs of the species biological features essential to the movement between suitable habitat are not sufficiently well known to conservation of the island marble patches. Individual butterflies rarely identify any area that meets the butterfly from studies of this species’ move distances greater than 0.4 mi (600 definition of ‘‘critical habitat.’’ habitat, ecology, and life history as m) (Peterson 2010, p. 3). Marked When critical habitat is not described below. We have determined individuals are nearly always determinable, the Act allows the Service that the following physical or biological recaptured at the sites where they were an additional year to publish a critical features are essential to the conservation marked, with a single exception when a habitat designation (16 U.S.C. of the island marble butterfly: marked individual was recaptured 1.2 mi (1.9 km) from its site of origin 1533(b)(6)(C)(ii)). Space for Individual and Population We reviewed the available (Peterson 2010, p. 3). Within the last Growth and for Normal Behavior information pertaining to the biological known occupied site, smaller occupied needs of the species and habitat The island marble butterfly has patches have been observed to undergo characteristics where these species are previously been documented as having local extirpation events, but the close located. This and other information as many as five core populations across proximity of nearby populations within represent the best scientific data San Juan and Lopez Islands in the San the larger contiguous area has allowed available and led us to conclude that the Juan archipelago, but of those five, there for recolonization (Lambert 2011, p. designation of critical habitat is is only one location where it has been 155). Areas large enough to contain determinable for the island marble consistently detected on an annual basis multiple small populations of island butterfly. since its rediscovery in 1998 at marble butterfly that allow for American Camp, part of San Juan Island population connectivity and re- Physical or Biological Features National Historical Park. The long-term establishment are essential to the In accordance with section 3(5)(A)(i) occupancy of American Camp indicates conservation of the species. Therefore, of the Act and regulations at 50 CFR that one or more aspects of this site we conclude that areas large enough to

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15924 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

support multiple small populations of All three larval host plants occur in butterfly relies upon solar radiation for the species to be a physical or biological open grass- and forb-dominated plant the warmth that drives their feature essential to the island marble communities, but each species is most development, mate-finding, and butterfly. robust in one of three specific habitat reproduction. We conclude that Island marble butterflies tend to fly types, with little overlap: Menzies’ exposure to the sun provided by open, close to the ground, along the edges of pepperweed at the edge of low-lying primarily treeless areas with some treed areas or along marine shorelines. coastal lagoon habitat; field mustard in south-facing slopes and short-statured Therefore, forest and open water create upland prairie habitat, disturbed fields, vegetation is a physical or biological natural barriers to movement (Lambert and disturbed soils, including soil piles feature upon which the island marble 2011, pp. 49, 50). Male island marble from construction; and tumble mustard butterfly depends. butterflies fly low (approximately 5 ft in sand dune habitat (Miskelly 2004, p. We consider open sunlit areas (1.5 m) above the ground) and follow 33; Miskelly and Potter 2009, p. 9; containing at least one species of larval ridgelines, bluffs, road-cuts, trail edges, Lambert 2011, pp. 24, 121–123). While host plant, Menzies’ pepperweed, field fence lines, and shrub or forest edges in each larval host plant can occur in each mustard, and/or tumble mustard with search of mates (Lambert 2011, pp. 47– of the three habitat types referenced both flower buds and blooms between 48). Female island marble butterflies above, female island marble butterflies the months of May through July to be have been observed to fly in low typically lay eggs on only the most physical or biological features of island (approximately 3 ft (1 m) above the robust host plants in each marble butterfly habitat. We ground), wide (330–980 ft (100–500 m)) aforementioned habitat type (Miskelly additionally consider the presence of circles above the ground searching for 2004, p. 33; Lambert 2011, pp. 24, 41, adult nectar plants in flower to be a suitable host plants upon which to lay 50, 55–57, 121–123). physical or biological feature of island their eggs (Lambert 2011, p. 49). We We conclude that the presence of marble butterfly habitat. conclude that large open areas with few Menzies’ pepperweed, field mustard, or Sites for Breeding, Reproduction, or trees are a physical or biological feature tumble mustard is a physical or Rearing (or Development) of Offspring for the island marble butterfly. biological feature upon which the island Based on the best information marble butterfly depends. Male island marble butterflies are available, we estimate that the Adults primarily forage for nectar on attracted to white and may investigate conservation of the island marble their larval host plants (Potter 2015e, white picket fences, white lines on butterfly is best supported by open, pers. Comm.). They also use a variety of surface roads, or other white objects primarily treeless areas with short- other nectar plants that flower during while searching for a mate (Lambert statured forb- and grass-dominated the island marble butterfly’s flight 2011, p. 47). The island marble butterfly vegetation. Areas should be large period, which is generally from mid- primarily uses short-statured, white- enough to allow for the inclusion of April to mid- to late-June. Adults have flowering plants such as field diverse topographic features and habitat been observed to nectar on yellow sand chickweed as sites for mate attraction types, including sites for mating, egg verbena, yarrow, small-flowered and mating (Lambert 2014b, p. 17). We laying, feeding, refugia (places to safely fiddleneck, American sea rocket, field conclude that the presence of short- harbor), and diapause locations, and chickweed, common stork’s bill, statured, white-flowering plants during should support multiple discrete dovefoot geranium, hairy cat’s ear, the flight period (generally from mid- occupied habitat patches, which common lomatium, seashore lupine, April to mid- to late-June) for the island increases the likelihood of common forget-me-not, California marble butterfly to be a physical or recolonization if local extinction takes buttercup, trailing blackberry, biological feature of the island marble place. Therefore, we conclude that dandelion, death camas, and Howell’s butterfly habitat. open, primarily treeless habitat areas Brodiaea (Miskelly 2004, p. 33; Pyle Once mated, gravid female island that are large enough to support 2004, pp. 23–26, 33; Miskelly and Potter marble butterflies seek out larval host multiple, small populations and that 2005, p. 6; Lambert 2011, p. 120; Vernon plants at an optimal growth stage for egg include broad topographic features such and Weaver 2012, Appendix 12; laying (recently hatched caterpillars as ridgelines, hills, and bluffs are Lambert 2015a, p. 2, Lambert 2015b, in require tender plant parts, such as physical or biological features essential litt.). Of these additional nectar immature flower buds, because their to the conservation of the island marble resources, island marble butterflies are mouthparts are not developed enough to butterfly. most frequently observed feeding on eat hardened plant matter) (Lambert yellow sand verbena, small-flowered 2011, pp. 9–10). Larval host plant Food, Water, Air, Light, Minerals, or fiddleneck, and field chickweed (Potter flowering phenology (timing of flower Other Nutritional or Physiological 2015e, pers. comm.). We conclude that opening) is important for island marble Requirements adult nectar resources, including, but butterflies. If the plants emerge too The island marble butterfly needs not limited to those listed here, are a early, there may not be enough tissue at larval and adult food resources in order physical or biological feature upon the right stage available for the larvae to to complete its life cycle: Larval host which the island marble butterfly go through their developmental phases. plants (food plants required by the depends. If the plants emerge too late, female immature stages of the butterfly) and Like many animals that rely on butterflies may not recognize the larval nectar plants for the adults. The island external sources of body heat host plants as suitable sites to lay eggs. marble butterfly has three known larval (ectotherms), the island marble butterfly Female island marble butterflies host plants, all in the mustard family is more active at warmer temperatures; carefully gauge the suitability of each (Brassicaceae). One is native, Menzies’ for this species, this generally means larval host plant, preferentially selecting pepperweed, and two are nonnative— temperatures that are higher than 55 plants that possess both flowers and field mustard and tumble mustard degrees Fahrenheit (F) (13 degrees buds to lay eggs on. Plants with greater (Miskelly 2004, pp. 33, 38; Lambert Celsius (C)). This leads to adult than 50 percent of their flowers in 2011, p. 2). These three larval host (winged) island marble butterflies being bloom are more likely to be selected plants are essential components of most active between the hours of 10 than plants in an earlier (less than 50 habitat for the island marble butterfly. a.m. and 4 p.m. The island marble percent of flowers in bloom) or later

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15925

developmental stage (Lambert 2011, pp. has attached its pupal casing. The larval known as Zigadenus venenosus), and 59–60). Female island marble butterflies host plants for the island marble Triteleia grandiflora (Howell’s Brodiaea, tend to lay eggs singly on the immature butterfly are annual (or biennial) and formerly Brodiaea howellii). buds of the flowers of their larval host habitat patches for the island marble (d) Areas of undisturbed vegetation plants, rarely laying eggs on butterfly do not tend to persist in the surrounding larval host plants sufficient inflorescences that are already occupied same area continuously over time. to provide secure sites for diapause and by eggs or larvae (Lambert 2011, pp. 51– Leaving the vegetation near where larval pupation. The vegetation surrounding 57). Female island marble butterflies host plants established in the spring larval host plants must be left standing prefer larval host plants growing in low- until mid-summer the following year for a sufficient period of time for the density patches with less than one plant provides a safe place for the island island marble butterfly to complete its per meter square and tend to choose marble butterfly chrysalids to harbor life cycle. plants that are along the outer edge of until they emerge. Therefore, we find Special Management Considerations or a patch of larval host plants rather than that sufficient areas of undisturbed Protection in areas with a high density of host vegetation surrounding larval host plants (Lambert 2011, pp. 53, 68–69; plants that are left standing for a When designating critical habitat, we Lambert 2015d, p. 9). Additionally, host sufficient period of time in order for the assess whether the specific areas within plant phenology (timing of island marble butterfly to complete its the geographical area occupied by the development) plays a significant role in life cycle is a physical or biological species at the time of listing contain determining where females lay eggs. feature of island marble butterfly features which are essential to the Low- to medium-density larval host habitat. conservation of the species and which plants for egg-laying and larval may require special management Summary of Essential Physical or development, with both flower buds considerations or protection. Because Biological Features and blooms on them between the the island marble butterfly depends on months of May through July, are a We have determined that the vegetation that requires disturbance and physical or biological feature of island following physical or biological features open areas to establish, special marble butterfly habitat. of the areas on San Juan Island, management may be necessary to both After hatching, larvae of the island Washington, that are essential to the maintain low-level disturbance and to marble butterfly rapidly progress conservation of the island marble prevent the invasion of weedy native through five instars (larval growth butterfly are: and nonnative plant species, such as stages) and have been documented to (a) Open, primarily treeless areas with Douglas fir, Mediterranean pasture then move up to 13 ft (4 m) from their short-statured forb- and grass-dominated grasses, and thistle. Beneficial special larval host plant to nearby standing vegetation that include diverse management activities could include vegetation (usually tall grasses) to topographic features such as ridgelines, annual burning to remove standing pupate (Lambert 2011, p. 19). Island hills, and bluffs for patrolling, dispersal vegetation and seedlings and reduce marble butterfly larvae use nearby corridors between habitat patches, and seed set of nonnative plant species. vegetation as bridges to other plants and some south-facing terrain. Areas must Additionally, the application of appear to avoid being close to the be large enough to allow for the selective herbicides to combat specific ground while searching for a safe site to development of patchy-population invasive plants may also prove useful in form a chrysalis (pupal casing) (Lambert dynamics, allowing for multiple small vegetation management. For some 2011, pp. 20–21). Therefore, we find populations to establish within the area. weedy species, hand-pulling can be an that the presence of larval host plants, (b) Low- to medium-density larval effective vegetation management tool, if in complement with tall, standing host plants for egg-laying and larval staffing and resources allow. vegetation that provides the structure development, with both flower buds Special management considerations necessary to allow mature larvae to and blooms on them between the within the proposed critical habitat unit cross to a safe pupation site, is a months of May through July. Larval host may include protection of larval host physical or biological feature of island plants may be any of the following: plants from herbivory by browsing deer, marble butterfly habitat. Brassica rapa, Sisymbrium altissimum, European rabbits, and brown garden or Lepidium virginicum. snails. These herbivores constitute the Habitats That Are Protected From (c) Adult nectar resources in flower primary threat to the larval host plants Disturbance or Are Representative of the and short-statured, white-flowering upon which the island marble butterfly Historical, Geographical, and Ecological plants in bloom used for mate-finding, depends in the proposed designation. Distributions of a Species which may include, but are not limited Special management actions that could The island marble butterfly spends to Abronia latifolia (yellow sand ameliorate the threat of herbivory by approximately 300 days in diapause (a verbena), Achillea millefolium (yarrow), deer, European rabbits, and brown form of dormancy) as a chrysalis (pupa) Amsinckia menziesii (small-flowered garden snails could include lethal before undergoing metamorphosis to fiddleneck), Cakile edentula (American control methods, such as targeted emerge as a winged adult the following sea rocket), Cerastium arvense (field hunting or professional removal. For spring. Unlike other butterfly species chickweed), Erodium cicutarium deer, exclusion fencing increases the that may diapause underground or, (common stork’s bill), Geranium molle survivorship of both larval host plants alternatively, rapidly advance from egg (dovefoot geranium), Hypochaeris and the island marble butterfly in the to winged-adult and over-winter in an radicata (hairy cat’s ear), Lomatium fenced areas, but the fences are difficult adult phase, the island marble butterfly utriculatum (common lomatium), to erect and maintain and provide a host enters diapause aboveground and very Lupinus littoralis (seashore lupine), of other challenges for the land close to where it hatched. During Myosotis discolor (common forget-me- management agencies. Additionally, diapause, the island marble butterfly is not), Ranunculus californicus exclusion fencing does nothing to vulnerable to any activity such as (California buttercup), Rubus ursinus reduce the number of deer, which is the trampling, mowing, harvesting, grazing, (trailing blackberry), Taraxacum primary cause of the intense browsing or plowing that may disturb or destroy officinale (dandelion), Toxicoscordion pressure on the larval host plants for the the vegetative structure to which a larva venenosum (death camas, formerly island marble butterfly (Lambert 2011,

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15926 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

pp. 85–104, 127; Lambert 2014a, p. 3; occur in Washington using 2015 County, Washington State Parks and Lambert 2015d, pp. 14–18). Fencing is National Agriculture Imagery Program Recreation, and private individuals. not effective against European rabbits (NAIP) digital imagery in ArcGIS, In summary, we are proposing for and brown garden snails. version 10.4 (Environmental Systems designation of critical habitat lands that Research Institute, Inc.), a computer we have determined are occupied at the Criteria Used To Identify Critical geographic information system program, time of listing and contain one or more Habitat and determined that the currently of the physical or biological features to As required by section 4(b)(2) of the occupied areas contain the physical or support life-history processes essential Act, we use the best scientific data biological features needing special to the conservation of the species. The available to designate critical habitat. management, as discussed above. We one unit proposed for designation When we are determining which areas also analyzed the appropriate quantity contains all of the identified physical or should be designated as critical habitat, and spatial arrangement of these biological features and supports our primary source of information is features in the context of the life history, multiple life-history processes. generally the information developed status and conservation needs of the When determining the proposed during the listing process for the species. critical habitat boundary, we made species. Additional information sources Survey effort for the island marble every effort to avoid including may include the recovery plan for the butterfly has not been consistent developed areas such as lands covered species, articles in peer-reviewed spatially or temporally. Island-wide by buildings, pavement (such as parking journals, conservation plans developed surveys of San Juan and Lopez Islands lots and roads), and other structures by States and counties, scientific status were discontinued by WDFW in 2012, because such lands lack physical or surveys and studies, biological due to decreased detections and the lack biological features necessary for the assessments, other unpublished of larval host plants in previously island marble butterfly. The scale of the materials, or experts’ opinions or occupied areas across both islands. In map we prepared under the parameters personal knowledge. In this case, we 2015, the Service funded an island-wide for publication within the Code of Federal Regulations may not reflect the used existing occurrence data for the survey of San Juan, and no occurrences exclusion of such developed lands. Any island marble butterfly and information were documented outside of the known such lands inadvertently left inside on the habitat and ecosystems upon occupied area centered on American critical habitat boundaries shown on the which it depends. These sources of Camp at the south end of San Juan map of this proposed rule have been information included, but were not Island. The last survey of Lopez Island excluded by text in the proposed rule limited to: was conducted in 2012, and a single and are not proposed for designation as (1) Data used to prepare the proposed larva was observed. There have been no critical habitat. Therefore, if the critical rule to list the species; reports of island marble butterflies from habitat is finalized as proposed, a (2) Information from biological Lopez Island since 2012. Federal action involving these lands surveys; Therefore, the Service considers areas (3) Various agency reports and would not trigger section 7 consultation to be occupied at the time of listing if databases; with respect to critical habitat and the there are occurrence records within (4) Information from NPS and other requirement of no adverse modification those areas within the last 5 years or if cooperators; unless the specific action would affect (5) Information from species experts; areas adjacent to known occupied areas the physical or biological features in the (6) Data and information presented in have the physical or biological features adjacent critical habitat. Please note that academic research theses; and upon which the island marble butterfly we specifically include road margins (7) Regional Geographic Information depends and there are no barriers to and shoulders in the critical habitat System (GIS) data (such as species dispersal. It is reasonable to conclude designation, as the island marble occurrence data, land use, topography, that the species regularly occurs in such butterfly larval host plants often aerial imagery, soil data, and land areas because of the species’ population establish in these disturbed areas and ownership maps) for area calculations dynamics and frequent movement may be used by the island marble and mapping. between habitat patches, as discussed butterfly for egg-laying and above. Occurrence records are deemed development. Special management Areas Occupied at the Time of Listing credible if recorded by a Federal, State, considerations for road margins and In accordance with the Act and our or contract biologist, or a qualified shoulders may apply. implementing regulations at 50 CFR surveyor for the island marble butterfly. The critical habitat designation is 424.12(b) we reviewed available We have also determined that all of defined by the map, as modified by any information pertaining to the habitat these occupied areas (areas with accompanying regulatory text, presented requirements of the species, identified documented occurrences as well as at the end of this document in the specific areas within the geographical adjacent areas containing suitable Proposed Regulation Promulgation area occupied by the species at the time habitat and where there are no barriers section. We include more detailed of listing and examined whether we to dispersal) contain one or more of the information on the boundaries of the could identify any specific areas outside essential physical or biological features. critical habitat designation in the the geographical area occupied by the For these reasons and due to the preamble of this document. We will species to be considered for designation restricted range of the island marble make the coordinates or plot points or as critical habitat. In this case, since we butterfly, we determined that all known both on which the map is based are proposing listing concurrently with occupied areas should be proposed for available to the public on http:// the proposed designation of critical critical habitat designation. The only www.regulations.gov at Docket No. habitat, all areas presently occupied by known occupied area is centered on FWS–R1–ES–2016–0145, on our website the island marble butterfly constitute American Camp at San Juan Island at https://www.fws.gov/wafwo/, and by those areas occupied at the time of National Historical Park and includes appointment at the Service’s listing. adjacent lands to the east and the west Washington Fish and Wildlife Office We plotted the known locations of the of the National Park that are owned and (see FOR FURTHER INFORMATION CONTACT, island marble butterfly where they managed by BLM, WDNR, San Juan above).

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15927

Areas Outside of the Geographic Range long-term persistence and conservation nonessential population, a special rule at the Time of Listing because of the ease with which field may minimize restrictions on mustard recruits and the uncertainty landowners. Any such regulation We are not currently proposing to associated with habitat patch longevity would, to the maximum extent designate any areas outside the at any one site. practicable, represent an agreement geographical area occupied by the In addition, the specific areas between the Service and affected species. While we know the essential to the species’ conservation landowners and government agencies conservation of the species will depend within these broader landscapes are not (50 CFR 17.82(d)). Additionally, the on increasing the number and identifiable at this time. This is due to Service, in collaboration with WDFW distribution of populations of the island our current limited understanding and private landowners, is working on marble butterfly, not all of its historical regarding the ideal configuration for the the development of a programmatic range will be essential to the development of future habitat patches to candidate conservation agreement with conservation of the species, and we are support the island marble butterfly’s unable to delineate the specific assurances (CCAA). A CCAA is a persistence, the ideal size and number voluntary conservation program to unoccupied areas that are essential at of these habitat patches, and how these this time. Sites both within and outside encourage willing landowners to partner habitat patches may naturally evolve with us to create, enhance, and maintain of the central valleys of San Juan and within and persist on the landscape. Lopez Islands were previously occupied habitat that could be used by island Finally, the specific areas needed for marble butterfly on their lands while by the island marble butterfly. A conservation will depend in part on number of areas within and outside of providing enrolled landowners with landowner willingness to restore and regulatory assurances should the species these valleys continue to contain some maintain the species’ habitat in these be listed. For more information, please or could develop many of the physical areas. and biological features upon which the Consequently, the Service is contact the Washington Fish and species depends, though the best considering proposing the future Wildlife Office Listing and Recovery available scientific data indicate all establishment of one or more Division Manager (360–753–9440). these areas are currently unoccupied. experimental populations (such as, but Proposed Critical Habitat Designation The areas of the central valleys with the not limited to, those provided for under potential to support the physical and section 10(j) of the Act) within these The proposed critical habitat area biological features continue to be broad geographic areas should the described below constitutes our current important to the overall conservation island marble butterfly be listed under best assessment of the areas that meet strategy for the island marble butterfly. the Act. Section 10(j) of the Act the definition of critical habitat for the However, due to the ephemeral and authorizes the Service, by rulemaking, island marble butterfly. The island patchy nature of island marble butterfly to establish new populations of listed marble butterfly critical habitat unit is habitat, only some of these areas within species that are within the species’ currently occupied and therefore these larger central valley landscapes historical range but outside its current considered occupied at the time of will likely be essential to the species’ natural range. If designated a listing.

TABLE 1—PROPOSED CRITICAL HABITAT FOR THE ISLAND MARBLE BUTTERFLY [Area estimates reflect all land within critical habitat unit boundaries]

Size of unit in Critical habitat unit Land ownership by type acres (hectares)

Island marble butterfly proposed critical habitat ...... NPS ...... 718 (291) BLM ...... 19 (8) DHS ...... 5 (2) WDNR and SJCLB ...... 1 (0.4) WDNR ...... 37 (15) SJCPD ...... 30 (12) Private ...... 2 (0.8)

Total ...... 812 (329) Note: Area sizes may not sum due to rounding. NPS = National Park Service, BLM = Bureau of Land Management, DHS = Department of Homeland Security (Coast Guard), WDNR = Washington Department of Fish and Wildlife, SJCLB = San Juan County Land Bank, SJCPD = San Juan County Parks Department.

The proposed critical habitat 5 ac (2 ha), WDNR and the San Juan National Park Service lands. Boundaries designation consists of 812 ac (329 ha) County Land Bank (SJCLB) jointly own for the critical habitat unit follow the of land at the south end of San Juan 1 ac (0.4 ha), San Juan County Parks open, generally treeless habitat that the Island, with San Juan Island National Department owns 30 ac (12 ha), and island marble butterfly relies upon Historical Park (NPS) being the largest approximately 2 ac (0.8 ha) is in private during its flight period for mate-finding, landholder of 718 ac (291 ha). The ownership. The proposed critical reproduction, feeding, and dispersal. Bureau of Land Management (BLM) habitat designation is centered on the The entirety of the proposed critical owns and manages 19 ac (8 ha), American Camp portion of San Juan habitat unit is within the geographical Washington Department of Natural Island National Historical Park, which is area occupied at the time of listing. The Resources (WDNR) owns and manages owned and managed by the National proposed designation contains all of the 37 ac (15 ha) at Cattle Point, the Park Service, but includes adjacent physical or biological features required Department of Homeland Security owns lands both to the east and the west of to support the island marble butterfly.

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15928 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

The proposed critical habitat agency) must enter into consultation listed a new species or subsequently designation is almost entirely conserved with us. Examples of actions that are designated critical habitat that may be for use by or for the benefit of the public subject to the section 7 consultation affected and the Federal agency has and is heavily used for recreation, process are actions on State, tribal, retained discretionary involvement or primarily in the form of day hiking on local, or private lands that require a control over the action (or the agency’s easy trails. NPS has maintained a Federal permit (such as a permit from discretionary involvement or control is conservation agreement for the island the U.S. Army Corps of Engineers under authorized by law). Consequently, marble butterfly with the Service since section 404 of the Clean Water Act (33 Federal agencies sometimes may need to 2006, although the most recent U.S.C. 1251 et seq.) or a permit from the request reinitiation of consultation with conservation agreement has lapsed and Service under section 10 of the Act) or us on actions for which formal the next version has not yet been signed that involve some other Federal action consultation has been completed, if by both parties. Regardless, as the (such as funding from the Federal those actions with discretionary largest landholder within the proposed Highway Administration, Federal involvement or control may affect critical habitat unit, NPS continues to Aviation Administration, or the Federal subsequently listed species or support and participate in ongoing Emergency Management Agency). designated critical habitat. research integral to the conservation of Federal actions not affecting listed Application of the ‘‘Adverse the island marble butterfly. BLM, DHS, species or critical habitat, and actions Modification’’ Standard WDNR, SJCLB, and San Juan County on State, tribal, local, or private lands Parks are all engaged in the that are not federally funded or The key factor related to the adverse conservation of the island marble authorized, do not require section 7 modification determination is whether, butterfly and meet with the Service consultation. with implementation of the proposed multiple times annually to coordinate Section 7 consultation concludes with Federal action, the affected critical conservation efforts. issuance of: habitat would continue to serve its Within the proposed critical habitat (1) A concurrence letter for Federal intended conservation role for the designation, all of the current threats to actions that may affect, but are not species. Activities that may destroy or the island marble butterfly are present. likely to adversely affect, listed species adversely modify critical habitat are Please see Determination of Species’ or critical habitat; or those that result in a direct or indirect Status, above, for a summary of the (2) A biological opinion for Federal alteration that appreciably diminishes threats and Special Management actions that are likely to adversely affect the value of critical habitat for the Considerations or Protection for listed species or critical habitat. conservation of the island marble additional recommendations. If we issue a biological opinion butterfly. Such alterations may include, concluding that a project is likely to but are not limited to, those that alter Effects of Critical Habitat Designation jeopardize the continued existence of a the physical or biological features Section 7 Consultation listed species and/or destroy or essential to the conservation of this adversely modify critical habitat, we species or that preclude or significantly Section 7(a)(2) of the Act requires provide reasonable and prudent delay development of such features. As Federal agencies, including the Service, alternatives to the project, if any are discussed above, the role of critical to ensure that any action they fund, identifiable, that would avoid the habitat is to support physical or authorize, or carry out is not likely to likelihood of jeopardy and/or biological features essential to the jeopardize the continued existence of destruction or adverse modification of conservation of a listed species and any endangered species or threatened critical habitat. We define ‘‘reasonable provide for the conservation of the species or result in the destruction or and prudent alternatives’’ (at 50 CFR species. adverse modification of designated 402.02) as alternative actions identified Section 4(b)(8) of the Act requires us critical habitat of such species. In during consultation that: to briefly evaluate and describe, in any addition, section 7(a)(4) of the Act (1) Can be implemented in a manner proposed or final regulation that requires Federal agencies to confer with consistent with the intended purpose of designates critical habitat, activities the Service on any agency action which the action, involving a Federal action that may is likely to jeopardize the continued (2) Can be implemented consistent destroy or adversely modify such existence of any species proposed to be with the scope of the Federal agency’s habitat, or that may be affected by such listed under the Act or result in the legal authority and jurisdiction, designation. destruction or adverse modification of (3) Are economically and Activities that may affect island proposed critical habitat. technologically feasible, and marble butterfly critical habitat, when We published a final regulation with (4) Would, in the Director’s opinion, carried out, funded, or authorized by a a new definition of destruction or avoid the likelihood of jeopardizing the Federal agency, would result in adverse modification on February 11, continued existence of the listed species consultation. These activities may 2016 (81 FR 7214). Destruction or and/or avoid the likelihood of include, but are not limited to: adverse modification means a direct or destroying or adversely modifying (1) Actions that destroy the habitat indirect alteration that appreciably critical habitat. within the critical habitat unit. Such diminishes the value of critical habitat Reasonable and prudent alternatives activities could include, but are not for the conservation of a listed species. can vary from slight project limited to, new infrastructure Such alterations may include, but are modifications to extensive redesign or developments, planting forests in not limited to, those that alter the relocation of the project. Costs historical prairie, or large paving physical or biological features essential associated with implementing a projects. These activities could disrupt to the conservation of a species or that reasonable and prudent alternative are dispersal, mate finding, and patchy preclude or significantly delay similarly variable. population dynamics, as well as prevent development of such features. Regulations at 50 CFR 402.16 require the recruitment of future habitat. If a Federal action may affect a listed Federal agencies to reinitiate (2) Actions that would temporarily or species or its critical habitat, the consultation on previously reviewed permanently remove host plants from responsible Federal agency (action actions in instances where we have areas within the critical habitat unit that

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15929

were otherwise phenologically and determines, based on the best scientific conduct a discretionary 4(b)(2) spatially available for use by the data available, that the failure to exclusion analysis. species. Such activities could include, designate such area as critical habitat For this particular designation, we but are not limited to, mowing, burning, will result in the extinction of the developed an Incremental Effects or applying herbicide to host plants species. In making that determination, Memorandum (IEM) considering the leading up to or during the flight season. the statute on its face, as well as the probable incremental economic impacts These activities could reduce the legislative history, are clear that the that may result from this proposed quantity or distribution of oviposition Secretary has broad discretion regarding designation of critical habitat. The sites available to the species. which factor(s) to use and how much information contained in our IEM was (3) Actions that would temporarily or weight to give to any factor. We are not then used to develop a screening permanently remove nectar resources or proposing any areas for exclusion from analysis of the probable effects of the plants used for mate finding from areas this critical habitat designation. designation of critical habitat for the island marble butterfly (Industrial within the critical habitat unit that were Consideration of Economic Impacts otherwise phenologically and spatially Economics, Incorporated 2017). We available for use by the species. Such Section 4(b)(2) of the Act and its began by conducting a screening activities could include, but are not implementing regulations require that analysis of the proposed designation of limited to, mowing, burning, or we consider the economic impact that critical habitat in order to focus our applying herbicide to nectar or mate- may result from a designation of critical analysis on the key factors that would finding plants leading up to or during habitat. To assess the probable be most likely to result in incremental the flight season. These activities could economic impacts of a designation, we economic impacts. The purpose of the reduce nectaring opportunities or must first evaluate specific land uses or screening analysis is to filter out the disrupt mate finding, both of which activities and projects that may occur in geographic areas in which the critical could reduce fecundity. the area of the critical habitat. We then habitat designation is unlikely to result (4) Actions that would physically evaluate the impacts that a specific in probable incremental economic disturb appropriate areas for diapause critical habitat designation may have on impacts. In particular, the screening and pupation. Such activities could restricting or modifying specific land analysis considers baseline costs (i.e., include, but are not limited to, mowing, uses or activities for the benefit of the absent critical habitat designation) and trampling, grazing, or burning between species and its habitat within the areas includes probable economic impacts flight seasons. These activities could proposed. We then identify which where land and water use may be also kill island marble butterflies in conservation efforts may be the result of subject to conservation plans, land diapause as pupae. the species being listed under the Act management plans, best management versus those attributed solely to the practices, or regulations that protect the Exemptions designation of critical habitat for this habitat area as a result of the Federal Application of Section 4(a)(3) of the Act particular species. The probable listing status of the species. The economic impact of a proposed critical screening analysis filters out particular Section 4(a)(3)(B)(i) of the Act (16 habitat designation is analyzed by areas of critical habitat that are already U.S.C. 1533(a)(3)(B)(i)) provides that: comparing scenarios both ‘‘with critical subject to such protections and are, ‘‘The Secretary shall not designate as habitat’’ and ‘‘without critical habitat.’’ therefore, unlikely to incur incremental critical habitat any lands or other The ‘‘without critical habitat’’ scenario economic impacts. Ultimately, the geographic areas owned or controlled by represents the baseline for the analysis, screening analysis allows us to focus the Department of Defense, or which includes the existing regulatory our analysis on evaluating the specific designated for its use, that are subject to requirements imposed on landowners, areas or sectors that may incur an integrated natural resources managers, or other resource users incremental economic impacts as a management plan [INRMP] prepared potentially affected by the designation result of the designation. The screening under section 101 of the Sikes Act (16 of critical habitat (e.g., under the analysis also assesses whether units are U.S.C. 670a), if the Secretary determines Federal listing as well as other Federal, unoccupied by the species and may in writing that such plan provides a State, and local regulations). The require additional management or benefit to the species for which critical baseline, therefore, represents the costs conservation efforts as a result of the habitat is proposed for designation.’’ of all efforts attributable to the listing of critical habitat designation for the There are no Department of Defense the species under the Act (i.e., species which may incur incremental lands with a completed INRMP within conservation of the species and its economic impacts. This screening the proposed critical habitat habitat incurred regardless of whether analysis combined with the information designation. critical habitat is designated). The ‘‘with contained in our IEM are what we critical habitat’’ scenario describes the Consideration of Impacts Under Section consider our draft economic analysis incremental impacts associated 4(b)(2) of the Act (DEA) of the proposed critical habitat specifically with the designation of designation for the island marble Section 4(b)(2) of the Act states that critical habitat for the species. The butterfly and is summarized in the the Secretary shall designate and make incremental conservation efforts and narrative below. revisions to critical habitat on the basis associated impacts would not be Executive Orders (E.O.s) 12866 and of the best available scientific data after expected without the designation of 13563 direct Federal agencies to assess taking into consideration the economic critical habitat for the species. In other the costs and benefits of available impact, national security impact, and words, the incremental costs are those regulatory alternatives in quantitative any other relevant impact of specifying attributable solely to the designation of (to the extent feasible) and qualitative any particular area as critical habitat. critical habitat, above and beyond the terms. Consistent with the E.O. The Secretary may exclude an area from baseline costs. These are the costs we regulatory analysis requirements, our critical habitat if he determines that the use when evaluating the benefits of effects analysis under the Act may take benefits of such exclusion outweigh the inclusion and exclusion of particular into consideration impacts to both benefits of specifying such area as part areas from the final designation of directly and indirectly affected entities, of the critical habitat, unless he critical habitat should we choose to where practicable and reasonable. If

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15930 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

sufficient data are available, we assess the same features essential for the life costs of critical habitat designation for to the extent practicable the potential requisites of the species and (2) any the island marble butterfly are impacts to both directly and indirectly actions that would result in effects that anticipated to be limited to affected entities. As part of our would likely jeopardize the island administrative costs. We anticipate that screening analysis, we considered the marble butterfly would also be likely to the incremental administrative costs of types of economic activities that are adversely affect the essential physical or addressing adverse modification of the likely to occur within the areas likely biological features of critical habitat. island marble butterfly critical habitat in affected by the critical habitat The IEM further explains these a section 7 consultation will be minor. designation. In our evaluation of the circumstances. This evaluation of the Total annualized incremental costs of potential incremental economic impacts incremental effects has been used as the critical habitat designation for the island that may result from the proposed basis to evaluate the potential marble butterfly are anticipated to be designation of critical habitat for the incremental economic impacts of this less than $150,000 over the next 20 island marble butterfly, first we proposed designation of critical habitat. years, or approximately $10,000 identified, in the IEM dated July 5, The proposed critical habitat annually. The incremental 2017, potential incremental economic designation for the island marble administrative burden resulting from impacts associated with the following butterfly is comprised of a single unit the designation of critical habitat for the categories of activities: (1) Federal lands and is considered occupied. We are not island marble butterfly is not management (by National Park Service proposing to designate any units of anticipated to reach $100 million in any and Bureau of Land Management): unoccupied habitat. The proposed given year based on the anticipated Prairie restoration, island marble critical habitat designation consists of annual number of consultations and butterfly habitat restoration, island 812 ac (329 ha) and is owned and associated consultation costs, which are marble butterfly recovery projects, managed by NPS, BLM, DHS, WDNR, not expected to exceed $10,000 in most transportation management, and new San Juan County, and private years. facility construction; (2) State lands landowners. In these areas, any actions As we stated earlier, we are soliciting including lands jointly managed with that may affect the species or its habitat data and comments from the public on the San Juan County Land Bank: Native would also affect designated critical the DEA, as well as all aspects of the prairie restoration, habitat restoration habitat and it is unlikely that any proposed rule and our required projects to benefit island marble additional conservation efforts would be determinations. We may revise the butterfly prairie habitat, potential future recommended to address the adverse proposed rule or supporting documents infrastructure projects such as modification standard over and above to incorporate or address information resurfacing of trail/pathways, and those recommended as necessary to we receive during the public comment replacement of interpretive signs; and avoid jeopardizing the continued period. In particular, we may exclude an (3) County-owned lands: Transportation existence of the island marble butterfly. area from critical habitat if we projects/road work. We considered each Therefore, the potential incremental determine that the benefits of excluding industry or category individually. economic impacts of the island marble the area outweigh the benefits of Additionally, we considered whether butterfly critical habitat designation are including the area, provided the these activities have any Federal expected to be limited to administrative exclusion will not result in the involvement. Critical habitat costs. extinction of this species. The entities most likely to incur designation generally will not affect incremental costs are parties to section Exclusions activities that do not have any Federal 7 consultations, including Federal Exclusions Based on Economic Impacts involvement; under the Act, designation action agencies and, in some cases, third of critical habitat only affects activities parties, most frequently State agencies Under section 4(b)(2) of the Act, we conducted, funded, permitted, or or municipalities. Our analysis of consider the economic impacts of authorized by Federal agencies. If we economic impacts makes the following specifying any particular area as critical finalize the proposed listing of this assumptions about consultation activity habitat. In order to consider economic species, Federal agencies will be over the next 20 years, most of which impacts, we prepared an analysis of the required to consult with the Service are more likely to overstate than probable economic impacts of the under section 7 of the Act on activities understate potential impacts: Two proposed critical habitat designation they fund, permit, or implement that programmatic consultations will occur and related factors. Potential land-use may affect the species in areas where with NPS; two programmatic sectors that may be affected include the island marble butterfly is present. If consultations will occur with BLM; one conservation and recreation lands. In we finalize this proposed critical habitat formal or informal consultation will our DEA, we did not identify any designation, consultations to avoid the occur with either NPS or BLM annually; ongoing or future actions that would destruction or adverse modification of one formal or informal programmatic warrant additional recommendations or critical habitat would be incorporated intra-Service consultation for funding project modifications to avoid adversely into the consultation process. conservation efforts on State lands will modifying critical habitat above those In our IEM, we attempted to clarify occur; and two formal or informal we would recommend for avoiding the distinction between the effects that consultations with the Federal Highway jeopardy to the species, and we will result from the species being listed Administration will occur related to anticipate minimal change in and those attributable to the critical roads on County-owned lands. management at San Juan Island National habitat designation (i.e., difference This may overstate the number of Historical Park due to the designation of between the jeopardy and adverse consultations that will occur given critical habitat for the island marble modification standards) for the island available information on forecast butterfly. marble butterfly’s critical habitat. The activity. As stated above, we anticipate During the development of a final following specific circumstances in this that conservation efforts needed to designation, we will consider any case help to inform our evaluation: (1) avoid adverse modification are likely to additional economic impact information The essential physical or biological be the same as those needed to avoid we receive during the public comment features identified for critical habitat are impacts to the species itself. As such, period, and as such, areas may be

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15931

excluded from the final critical habitat stations is further secured to said critical habitat designation would designation under section 4(b)(2) of the Indians in common with all citizens of impair the realization of benefits Act and our implementing regulations at the Territory, and of erecting temporary expected from the plan, agreement, or 50 CFR 424.19. houses for the purpose of curing, partnership; together with the privilege of hunting (v) The extent of public participation Exclusions Based on National Security and gathering roots and berries on open in the development of the conservation Impacts or Homeland Security Impacts and unclaimed lands.’’ We have plan; Under section 4(b)(2) of the Act, we initiated coordination with tribes (vi) The degree to which there has consider whether there are lands owned regarding the proposed critical habitat been agency review and required or managed by the Department of designation and will continue to offer determinations (e.g., State regulatory Defense where a national security government-to-government consultation requirements), as necessary and impact might exist. Department of with them throughout development of appropriate; Homeland Security currently owns 5 ac the final rulemaking. In this proposed (vii) Whether National Environmental (2 ha) of land that is surrounded by land rule, we are seeking input from the Policy Act (NEPA; 42 U.S.C. 4321 et owned and managed by BLM and lies public as to whether or not the Secretary seq.) compliance was required; and within the proposed critical habitat should exclude any areas from the final (viii) Whether the plan or agreement boundary. Specifically, these lands critical habitat designation. (Please see contains a monitoring program and include a lighthouse facility that is ADDRESSES, above, for instructions on adaptive management to ensure that the managed by the U.S. Coast Guard. The how to submit comments). conservation measures are effective and U.S. Coast Guard is in the process of can be modified in the future in transferring ownership of these lands to Private or Other Non-Federal response to new information. BLM, and, therefore, we anticipate no Conservation Plans or Agreements and Partnerships, in General Private or Other Non-Federal impact on national security from the Conservation Plans Related to Permits inclusion of these lands in the proposed We sometimes exclude specific areas Under Section 10 of the Act critical habitat designation. from critical habitat designations based Consequently, the Secretary is not in part on the existence of private or HCPs for incidental take permits intending to exercise his discretion to other non-Federal conservation plans or under section 10(a)(1)(B) of the Act exclude any areas from the final agreements and their attendant provide for partnerships with non- designation based on impacts on partnerships. A conservation plan or Federal entities to minimize and national security. agreement describes actions that are mitigate impacts to listed species and designed to provide for the conservation their habitat. In some cases, HCP Exclusions Based on Other Relevant permittees agree to do more for the Impacts needs of a species and its habitat, and may include actions to reduce or conservation of the species and their Under section 4(b)(2) of the Act, we mitigate negative effects on the species habitats on private lands than consider any other relevant impacts, in caused by activities on or adjacent to the designation of critical habitat would addition to economic impacts and area covered by the plan. Conservation provide alone. We place great value on impacts on national security. We plans or agreements can be developed the partnerships that are developed consider a number of factors including by private entities with no Service during the preparation and whether there are permitted involvement, or in partnership with the implementation of HCPs. conservation plans covering the species Service. CCAAs and safe harbor agreements in the area such as HCPs, safe harbor We evaluate a variety of factors to (SHAs) are voluntary agreements agreements, or candidate conservation determine how the benefits of any designed to conserve candidate and agreements with assurances, or whether exclusion and the benefits of inclusion listed species, respectively, on non- there are non-permitted conservation are affected by the existence of private Federal lands. In exchange for actions agreements and partnerships that would or other non-Federal conservation plans that contribute to the conservation of be encouraged by designation of, or or agreements and their attendant species on non-Federal lands, exclusion from, critical habitat. In partnerships when we undertake a participating property owners are addition, we look at the existence of discretionary 4(b)(2) exclusion analysis. covered by an ‘‘enhancement of tribal conservation plans and A non-exhaustive list of factors that we survival’’ permit under section partnerships and consider the will consider for non-permitted plans or 10(a)(1)(A) of the Act, which authorizes government-to-government relationship agreements is shown below. These incidental take of the covered species of the United States with tribal entities. factors are not required elements of that may result from implementation of We also consider any social impacts that plans or agreements, and all items may conservation actions, specific land uses, might occur because of the designation. not apply to every plan or agreement. and, in the case of SHAs, the option to We are not considering any (i) The degree to which the plan or return to a baseline condition under the exclusions at this time from the agreement provides for the conservation agreements. The Service also provides proposed critical habitat designation of the species or the essential physical enrollees assurances that we will not under section 4(b)(2) of the Act based on or biological features (if present) for the impose further land-, water-, or partnerships, management, or protection species; resource-use restrictions, or require afforded by cooperative management (ii) Whether there is a reasonable additional commitments of land, water, efforts. Although there are no tribally expectation that the conservation or finances, beyond those agreed to in owned lands within the proposed management strategies and actions the agreements. designation, some areas within the contained in a management plan or When we undertake a discretionary proposed critical habitat boundary agreement will be implemented; 4(b)(2) exclusion analysis, we will include tribal trust resources under (iii) The demonstrated always consider areas covered by an article five of the Point Elliott treaty of implementation and success of the approved CCAA/SHA/HCP, and 1855. The treaty of Point Elliott states chosen conservation measures; generally exclude such areas from a the following, ‘‘The right of taking fish (iv) The degree to which the record of designation of critical habitat if three at usual and accustomed grounds and the plan supports a conclusion that a conditions are met:

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15932 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

1. The permittee is properly this rule in a manner consistent with The Service’s current understanding implementing the CCAA/SHA/HCP, and these requirements. of the requirements under the RFA, as is expected to continue to do so for the amended, and following recent court Executive Order 13771 term of the agreement. A CCAA/SHA/ decisions, is that Federal agencies are HCP is properly implemented if the This rule is not an E.O. 13771 only required to evaluate the potential permittee is, and has been, fully (‘‘Reducing Regulation and Controlling incremental impacts of rulemaking on implementing the commitments and Regulatory Costs’’) (82 FR 9339, those entities directly regulated by the provisions in the CCAA/SHA/HCP, February 3, 2017) regulatory action rulemaking itself, and, therefore, not implementing agreement, and permit. because this rule is not significant under required to evaluate the potential 2. The species for which critical E.O. 12866. impacts to indirectly regulated entities. The regulatory mechanism through habitat is being designated is a covered Regulatory Flexibility Act (5 U.S.C. 601 which critical habitat protections are species in the CCAA/SHA/HCP, or very et seq.) similar in its habitat requirements to a realized is section 7 of the Act, which covered species. The recognition that Under the Regulatory Flexibility Act requires Federal agencies, in the Services extend to such an (RFA; 5 U.S.C. 601 et seq.), as amended consultation with the Service, to ensure agreement depends on the degree to by the Small Business Regulatory that any action authorized, funded, or which the conservation measures Enforcement Fairness Act of 1996 carried out by the agency is not likely undertaken in the CCAA/SHA/HCP (SBREFA; 5 U.S.C. 801 et seq.), to destroy or adversely modify critical would also protect the habitat features whenever an agency is required to habitat. Therefore, under section 7, only of the similar species. publish a notice of rulemaking for any Federal action agencies are directly 3. The CCAA/SHA/HCP specifically proposed or final rule, it must prepare subject to the specific regulatory addresses the habitat of the species for and make available for public comment requirement (avoiding destruction and which critical habitat is being a regulatory flexibility analysis that adverse modification) imposed by designated and meets the conservation describes the effects of the rule on small critical habitat designation. needs of the species in the planning entities (i.e., small businesses, small Consequently, it is our position that area. organizations, and small government only Federal action agencies will be directly regulated by this designation. There are currently no CCAA/SHA/ jurisdictions). However, no regulatory There is no requirement under RFA to HCPs in the area proposed for flexibility analysis is required if the evaluate the potential impacts to entities designation, nor are we aware of any head of the agency certifies the rule will not directly regulated. Moreover, other non-federal conservation plans in not have a significant economic impact Federal agencies are not small entities. the area. However, should such plan(s) on a substantial number of small Therefore, because no small entities are be developed prior to publication of a entities. The SBREFA amended the RFA directly regulated by this rulemaking, final decision on critical habitat, we to require Federal agencies to provide a the Service certifies that, if would consider whether exclusion of certification statement of the factual promulgated, the proposed critical the area covered by such plan(s) may be basis for certifying that the rule will not habitat designation will not have a warranted under section 4(b)(2) of the have a significant economic impact on significant economic impact on a Act. a substantial number of small entities. According to the Small Business substantial number of small entities. Required Determinations Administration, small entities include In summary, we have considered Regulatory Planning and Review small organizations such as whether the proposed designation (Executive Orders 12866 and 13563) independent nonprofit organizations; would result in a significant economic small governmental jurisdictions, impact on a substantial number of small Executive Order 12866 provides that including school boards and city and entities. For the above reasons and the Office of Information and Regulatory town governments that serve fewer than based on currently available Affairs (OIRA) will review all significant 50,000 residents; and small businesses information, we certify that, if rules. The Office of Information and (13 CFR 121.201). Small businesses promulgated, the proposed critical Regulatory Affairs has determined that include manufacturing and mining habitat designation would not have a this rule is not significant. concerns with fewer than 500 significant economic impact on a Executive Order (E.O.) 13563 employees, wholesale trade entities substantial number of small business reaffirms the principles of E.O. 12866 with fewer than 100 employees, retail entities. Therefore, an initial regulatory while calling for improvements in the and service businesses with less than $5 flexibility analysis is not required. nation’s regulatory system to promote million in annual sales, general and Energy Supply, Distribution, or Use— predictability, to reduce uncertainty, heavy construction businesses with less Executive Order 13211 and to use the best, most innovative, than $27.5 million in annual business, and least burdensome tools for special trade contractors doing less than Executive Order 13211 (Actions achieving regulatory ends. The $11.5 million in annual business, and Concerning Regulations That executive order directs agencies to agricultural businesses with annual Significantly Affect Energy Supply, consider regulatory approaches that sales less than $750,000. To determine Distribution, or Use) requires agencies reduce burdens and maintain flexibility if potential economic impacts to these to prepare Statements of Energy Effects and freedom of choice for the public small entities are significant, we when undertaking certain actions. In where these approaches are relevant, considered the types of activities that our economic analysis, we did not find feasible, and consistent with regulatory might trigger regulatory impacts under that the designation of this proposed objectives. E.O. 13563 emphasizes this designation as well as types of critical habitat would significantly affect further that regulations must be based project modifications that may result. In energy supplies, distribution, or use due on the best available science and that general, the term ‘‘significant economic to the absence of any energy supply or the rulemaking process must allow for impact’’ is meant to apply to a typical distribution lines from the proposed public participation and an open small business firm’s business critical habitat designation. Therefore, exchange of ideas. We have developed operations. this action is not a significant energy

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15933

action, and no Statement of Energy legally binding duty to avoid Department of Commerce policy, we Effects is required. destruction or adverse modification of request information from, and critical habitat rests squarely on the coordinated development of this Unfunded Mandates Reform Act (2 Federal agency. Furthermore, to the proposed critical habitat designation U.S.C. 1501 et seq.) extent that non-Federal entities are with, appropriate State resource In accordance with the Unfunded indirectly impacted because they agencies in Washington. From a Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate federalism perspective, the designation seq.), we make the following findings: in a voluntary Federal aid program, the of critical habitat directly affects only (1) This rule would not produce a Unfunded Mandates Reform Act would the responsibilities of Federal agencies. Federal mandate. In general, a Federal not apply, nor would critical habitat The Act imposes no other duties with mandate is a provision in legislation, shift the costs of the large entitlement respect to critical habitat, either for statute, or regulation that would impose programs listed above onto State States and local governments, or for an enforceable duty upon State, local, or governments. anyone else. As a result, the rule does tribal governments, or the private sector, (2) We do not believe that this rule not have substantial direct effects either and includes both ‘‘Federal would significantly or uniquely affect on the States, or on the relationship intergovernmental mandates’’ and small governments because the area between the national government and ‘‘Federal private sector mandates.’’ included in the proposed critical habitat the States, or on the distribution of These terms are defined in 2 U.S.C. designation is largely owned by Federal powers and responsibilities among the 658(5)–(7). ‘‘Federal intergovernmental and State agencies (greater than 95 various levels of government. The mandate’’ includes a regulation that percent). None of these government designation may have some benefit to ‘‘would impose an enforceable duty entities fits the definition of ‘‘small these governments because the areas upon State, local, or tribal governments’’ government jurisdiction.’’ Therefore, a that contain the features essential to the with two exceptions. It excludes ‘‘a Small Government Agency Plan is not conservation of the species are more condition of Federal assistance.’’ It also required. clearly defined, and the physical or excludes ‘‘a duty arising from Takings—Executive Order 12630 biological features of the habitat participation in a voluntary Federal necessary to the conservation of the program,’’ unless the regulation ‘‘relates In accordance with E.O. 12630 species are specifically identified. This to a then-existing Federal program (Government Actions and Interference information does not alter where and under which $500,000,000 or more is with Constitutionally Protected Private what federally sponsored activities may provided annually to State, local, and Property Rights), we have analyzed the occur. However, it may assist these local tribal governments under entitlement potential takings implications of governments in long-range planning authority,’’ if the provision would designating critical habitat for the island (because these local governments no ‘‘increase the stringency of conditions of marble butterfly in a takings longer have to wait for case-by-case assistance’’ or ‘‘place caps upon, or implications assessment. The Act does section 7 consultations to occur). otherwise decrease, the Federal not authorize the Service to regulate Where State and local governments Government’s responsibility to provide private actions on private lands or require approval or authorization from a funding,’’ and the State, local, or tribal confiscate private property as a result of Federal agency for actions that may governments ‘‘lack authority’’ to adjust critical habitat designation. Designation affect critical habitat, consultation accordingly. At the time of enactment, of critical habitat does not affect land under section 7(a)(2) would be required. these entitlement programs were: ownership, or establish any closures, or While non-Federal entities that receive Medicaid; Aid to Families with restrictions on use of or access to the Federal funding, assistance, or permits, Dependent Children work programs; designated areas. Furthermore, the or that otherwise require approval or Child Nutrition; Food Stamps; Social designation of critical habitat does not authorization from a Federal agency for Services Block Grants; Vocational affect landowner actions that do not an action, may be indirectly impacted Rehabilitation State Grants; Foster Care, require Federal funding or permits, nor by the designation of critical habitat, the Adoption Assistance, and Independent does it preclude development of habitat legally binding duty to avoid Living; Family Support Welfare conservation programs or issuance of destruction or adverse modification of Services; and Child Support incidental take permits to permit actions critical habitat rests squarely on the Enforcement. ‘‘Federal private sector that do require Federal funding or Federal agency. mandate’’ includes a regulation that permits to go forward. However, Federal Civil Justice Reform—Executive Order ‘‘would impose an enforceable duty agencies are prohibited from carrying 12988 upon the private sector, except (i) a out, funding, or authorizing actions that condition of Federal assistance or (ii) a would destroy or adversely modify In accordance with Executive Order duty arising from participation in a critical habitat. A takings implications 12988 (Civil Justice Reform), the Office voluntary Federal program.’’ assessment has been completed and of the Solicitor has determined that the The designation of critical habitat concludes that this proposed rule does not unduly burden the judicial does not impose a legally binding duty designation of critical habitat for the system and that it meets the on non-Federal Government entities or island marble butterfly would not pose requirements of sections 3(a) and 3(b)(2) private parties. Under the Act, the only significant takings implications for of the Order. We have proposed regulatory effect is that Federal agencies lands within or affected by the designating critical habitat in must ensure that their actions do not designation. accordance with the provisions of the destroy or adversely modify critical Act. To assist the public in habitat under section 7. While non- Federalism—Executive Order 13132 understanding the habitat needs of the Federal entities that receive Federal In accordance with E.O. 13132 species, the proposed rule identifies the funding, assistance, or permits, or that (Federalism), this proposed rule does elements of physical or biological otherwise require approval or not have significant Federalism effects. features essential to the conservation of authorization from a Federal agency for A federalism summary impact statement the species. The areas proposed to be an action, may be indirectly impacted is not required. In keeping with designated as critical habitat are by the designation of critical habitat, the Department of the Interior and presented on a map, and the proposed

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15934 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

rule provides several options for the Coordination With Indian Tribal (5) Use lists and tables wherever interested public to obtain more Governments), and the Department of possible. detailed location information, if desired. the Interior’s manual at 512 DM 2, we If you feel that we have not met these readily acknowledge our responsibility Paperwork Reduction Act of 1995 (44 requirements, send us comments by one to communicate meaningfully with U.S.C. 3501 et seq.) of the methods listed in ADDRESSES. To recognized Federal Tribes on a better help us revise the rule, your This rule does not contain any new government-to-government basis. In comments should be as specific as collections of information that require accordance with Secretarial Order 3206 possible. For example, you should tell approval by the Office of Management of June 5, 1997 (American Indian Tribal us the numbers of the sections or and Budget (OMB) under the Paperwork Rights, Federal-Tribal Trust paragraphs that are unclearly written, Reduction Act of 1995 (44 U.S.C. 3501 Responsibilities, and the Endangered which sections or sentences are too et seq.). This rule will not impose Species Act), we readily acknowledge long, the sections where you feel lists or recordkeeping or reporting requirements our responsibilities to work directly tables would be useful, etc. on State or local governments, with tribes in developing programs for individuals, businesses, or healthy ecosystems, to acknowledge that References Cited organizations. An agency may not tribal lands are not subject to the same A complete list of references cited is conduct or sponsor, and a person is not controls as Federal public lands, to available on the internet at http:// required to respond to, a collection of remain sensitive to Indian culture, and www.regulations.gov and upon request information unless it displays a to make information available to tribes. from the Washington Fish and Wildlife currently valid OMB control number. We determined that there are no Office (see FOR FURTHER INFORMATION National Environmental Policy Act (42 tribally owned lands that are occupied CONTACT). U.S.C. 4321 et seq.) by the island marble butterfly at the time of listing that contain the features Authors We have determined that essential for conservation of the species, The primary authors of this proposed environmental assessments and and no tribally owned lands unoccupied environmental impact statements, as rule are the staff members of the by the island marble butterfly that are Washington Fish and Wildlife Office. defined under the authority of the essential for the conservation of the National Environmental Policy Act species. While there are no tribally List of Subjects in 50 CFR Part 17 (NEPA; 42 U.S.C. 4321 et seq.), need not owned lands within the proposed be prepared in connection with listing Endangered and threatened species, critical habitat designation, some areas Exports, Imports, Reporting and a species as an endangered or within the proposed critical habitat threatened species under the recordkeeping requirements, boundary may include tribal trust Transportation. Endangered Species Act. We published resources under article five of the Point a notice outlining our reasons for this Elliott treaty of 1855 (see Exclusions Proposed Regulation Promulgation determination in the Federal Register Based on Other Relevant Impacts, on October 25, 1983 (48 FR 49244). Accordingly, we propose to amend above, for further information). We have part 17, subchapter B of chapter I, title It is also our position that, outside the sought government-to-government jurisdiction of the U.S. Court of Appeals 50 of the Code of Federal Regulations, consultation with these tribes during the as set forth below: for the Tenth Circuit, we do not need to development of this proposed rule. We prepare environmental analyses will consider these areas for exclusion PART 17—ENDANGERED AND pursuant to the National Environmental from the final critical habitat THREATENED WILDLIFE AND PLANTS Policy Act (NEPA; 42 U.S.C. 4321 et designation to the extent consistent with seq.) in connection with designating the requirements of 4(b)(2) of the Act. ■ 1. The authority citation for part 17 critical habitat under the Act. This continues to read as follows: position was upheld by the U.S. Court Clarity of the Rule of Appeals for the Ninth Circuit We are required by Executive Orders Authority: 16 U.S.C. 1361–1407; 1531– (Douglas County v. Babbitt, 48 F.3d 1544; and 4201–4245, unless otherwise 12866 and 12988 and by the noted. 1495 (9th Cir. 1995), cert. denied 516 Presidential Memorandum of June 1, U.S. 1042 (1996)). 1998, to write all rules in plain ■ 2. In § 17.11(h), add an entry for ‘‘Butterfly, island marble’’ in Government-to-Government language. This means that each rule we alphabetical order under ‘‘INSECTS’’ to Relationship With Tribes publish must: (1) Be logically organized; the List of Endangered and Threatened In accordance with the President’s (2) Use the active voice to address Wildlife to read as follows: memorandum of April 29, 1994 readers directly; (Government-to-Government Relations (3) Use clear language rather than § 17.11 Endangered and threatened with Native American Tribal jargon; wildlife. Governments; 59 FR 22951), Executive (4) Be divided into short sections and * * * * * Order 13175 (Consultation and sentences; and (h) * * *

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

*******

Insects

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules 15935

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

******* Butterfly, island marble ...... Euchloe ausonides insulanus ... Wherever found ...... E ...... [Federal Register citation of the final rule]

*******

* * * * * Brassica rapa, Sisymbrium altissimum, boundaries on the effective date of this ■ 3. In § 17.95, amend paragraph (i) by or Lepidium virginicum. rule. adding an entry for ‘‘Island marble (iii) Adult nectar resources in flower (4) Critical habitat map unit. Data butterfly (Euchloe ausonides and short-statured, white-flowering layers defining the map were created insulanus),’’ in the same alphabetical plants in bloom used for mate-finding, using 2015 National Agriculture order that the species appears in the which may include, but are not limited Imagery Program (NAIP) digital imagery table at § 17.11(h), to read as follows: to Abronia latifolia (yellow sand in ArcGIS, version 10.4 (Environmental verbena), Achillea millefolium (yarrow), Systems Research Institute, Inc.), a § 17.95 Critical habitat—fish and wildlife. Amsinckia menziesii (small-flowered computer geographic information * * * * * fiddleneck), Cakile edentula (American system program. The map in this entry, (i) Insects. sea rocket), Cerastium arvense (field as modified by any accompanying * * * * * chickweed), Erodium cicutarium regulatory text, establishes the Island marble butterfly (Euchloe (common stork’s bill), Geranium molle boundaries of the critical habitat ausonides insulanus) (dovefoot geranium), Hypochaeris designation. The coordinates or plot (1) Critical habitat is depicted for San radicata (hairy cat’s ear), Lomatium points or both on which the map is Juan County, Washington, on the map utriculatum (common lomatium), based are available to the public at the below. Lupinus littoralis (seashore lupine), Service’s internet site (https:// (2) Within the critical habitat area on Myosotis discolor (common forget-me- www.fws.gov/wafwo/), at http:// San Juan Island, Washington, the not), Ranunculus californicus www.regulations.gov at Docket No. physical or biological features essential (California buttercup), Rubus ursinus FWS–R1–ES–2016–0145, and at the to the conservation of the island marble (trailing blackberry), Taraxacum field office responsible for this butterfly consist of: officinale (dandelion), Toxicoscordion designation. You may obtain field office (i) Open, primarily treeless areas with venenosum (death camas, formerly location information by contacting one short-statured forb- and grass-dominated known as Zigadenus venenosus), and of the Service regional offices, the vegetation that include diverse Triteleia grandiflora (Howell’s Brodiaea, addresses of which are listed at 50 CFR topographic features such as ridgelines, formerly Brodiaea howellii). 2.2. hills, and bluffs for patrolling, dispersal (iv) Areas of undisturbed vegetation (5) Island marble butterfly critical corridors between habitat patches, and surrounding larval host plants sufficient habitat, San Juan County, Washington. some south-facing terrain. Areas must to provide secure sites for diapause and (i) Island marble butterfly critical be large enough to allow for the pupation. The vegetation surrounding habitat consists of 812 acres (ac) (329 development of patchy-population larval host plants must be left standing hectares (ha)) on San Juan Island in San dynamics, allowing for multiple small for a sufficient period of time for the Juan County, Washington, and is populations to establish within the area. island marble butterfly to complete its composed of lands in Federal (742 ac (ii) Low- to medium-density larval life cycle. (301 ha)), State (37 ac (15 ha)), State/ host plants for egg-laying and larval (3) Critical habitat does not include County joint (1 ac (0.4 ha)), County (30 development, with both flower buds manmade structures (such as buildings, ac (12 ha)), and private (2 ac (0.8 ha)) and blooms on them between the aqueducts, runways, roads, and other ownership. months of May through July. Larval host paved areas) and the land on which they (ii) Map of island marble butterfly plants may be any of the following: are located existing within the legal critical habitat follows:

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 15936 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

* * * * * Dated: December 3, 2017. James W. Kurth, Deputy Director, U.S. Fish and Wildlife Service, Exercising the Authority of the Director, U.S. Fish and Wildlife Service. Editorial Note: The Office of the Federal Register received this document on April 5, 2018. [FR Doc. 2018–07347 Filed 4–11–18; 8:45 am] BILLING CODE 4333–15–P

VerDate Sep<11>2014 18:48 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00038 Fmt 4701 Sfmt 9990 E:\FR\FM\12APP2.SGM 12APP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 EP12AP18.001 i

Reader Aids Federal Register Vol. 83, No. 71 Thursday, April 12, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected –by documents published since Laws 741–6000 the revision date of each title. 985...... 14766 Presidential Documents 3 CFR 1051...... 14110 Executive orders and proclamations 741–6000 Proclamations: 1206...... 14771 The United States Government Manual 741–6000 9713...... 14341 9714...... 14343 8 CFR Other Services 9715...... 14345 270...... 13826 Electronic and on-line services (voice) 741–6020 9716...... 14559 274a...... 13826 Privacy Act Compilation 741–6050 9717...... 14561 280...... 13826 Public Laws Update Service (numbers, dates, etc.) 741–6043 9718...... 14563 9719...... 14727 9 CFR 9720...... 15017 53...... 15491 ELECTRONIC RESEARCH 9721...... 15727 71...... 15491 World Wide Web 9722...... 15729 91...... 15491 Administrative Orders: 93...... 15491 Full text of the daily Federal Register, CFR and other publications Memorandums: 94...... 15491 is located at: www.fdsys.gov. Memorandum of April 95...... 15491 Federal Register information and research tools, including Public 4, 2018 ...... 15289 98...... 15491 Inspection List, indexes, and Code of Federal Regulations are Notices: 104...... 15491 located at: www.ofr.gov. Notice of April 4, Proposed Rules: 2018 ...... 14731 93...... 15756 E-mail 145...... 15082 4 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic 146...... 15082 21...... 13817 Mailing List) is an open e-mail service that provides subscribers 147...... 15082 with a digital form of the Federal Register Table of Contents. The 5 CFR 10 CFR digital form of the Federal Register Table of Contents includes 630...... 15291 Proposed Rules: HTML and PDF links to the full text of each document. 431...... 15514 To join or leave, go to https://public.govdelivery.com/accounts/ 6 CFR USGPOOFR/subscriber/new, enter your email address, then 27...... 13826 12 CFR follow the instructions to join, leave, or manage your 25...... 15298 subscription. 7 CFR 34...... 15019 PENS (Public Law Electronic Notification Service) is an e-mail 205...... 14347 195...... 15298 service that notifies subscribers of recently enacted laws. 215...... 14173 225...... 15019 227...... 14173 228...... 15298 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 246...... 14173 323...... 15019 and select Join or leave the list (or change settings); then follow 247...... 14173 326...... 13839 the instructions. 248...... 14173 327...... 14565 FEDREGTOC and PENS are mailing lists only. We cannot 249...... 14173 343...... 13843 respond to specific inquiries. 272...... 14173 345...... 15298 Reference questions. Send questions and comments about the 277...... 14173 390...... 13843 Federal Register system to: [email protected] 319...... 14733 391...... 13839 900...... 14736 741...... 14741 The Federal Register staff cannot interpret specific documents or 905...... 14348 Proposed Rules: regulations. 915...... 14736 303...... 15327 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 917...... 14736 325...... 13880 longer appears in the Federal Register. This information can be 923...... 14736 333...... 15327 found online at http://bookstore.gpo.gov/. 925...... 14736 390...... 15327 929...... 14350 900...... 14205 FEDERAL REGISTER PAGES AND DATE, APRIL 932...... 14736 906...... 14205 946...... 14736 956...... 14205 13817–14172...... 2 948...... 14736 957...... 14205 14173–14346...... 3 953...... 14736 958...... 14205 14347–14564...... 4 955...... 14736 959...... 14205 956...... 14736 14565–14732...... 5 960...... 14205 958...... 14736 961...... 14205 14733–15018...... 6 966...... 14357 962...... 14205 15019–15290...... 9 981...... 14738 963...... 14205 15291–15490...... 10 984...... 14738 964...... 14205 15491–15726...... 11 987...... 14738 965...... 14205 15727–15936...... 12 993...... 14738 966...... 14205 Proposed Rules: 967...... 14205 905...... 14203 968...... 14205 932...... 14379 969...... 14205

VerDate Sep 11 2014 19:36 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\12APCU.LOC 12APCU sradovich on DSK3GMQ082PROD with FRONT MATTER CU ii Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Reader Aids

970...... 14205 520...... 14584 40 CFR 1035...... 15075 971...... 14205 522...... 14584 52 ...... 13867, 13869, 13871, 1037...... 15075 972...... 14205 526...... 14584 13872, 13875, 14175, 14179, 1090...... 15075 973...... 14205 558...... 14584 14373, 14591, 14754, 14757, 1100...... 15075 974...... 14205 890...... 13863 14759, 14762, 15074, 15744, 1101...... 15075 975...... 14205 900...... 13863 15746 1103...... 15075 976...... 14205 1020...... 13863 62...... 13878 1104...... 15075 977...... 14205 1040...... 13863 70...... 14762 1105...... 15075 978...... 14205 Proposed Rules: 81...... 14373, 14597 1106...... 15075 979...... 14205 73...... 15089 180...... 15748 1108...... 15075 980...... 14205 770...... 14375 981...... 14205 22 CFR 1110...... 15075 Proposed Rules: 1112...... 15075 982...... 14205 193...... 15740 983...... 14205 52 ...... 14386, 14389, 14807, 1113...... 15075 15336, 15343, 15526 984...... 14205 23 CFR 1114...... 15075 985...... 14205 60...... 15458 1116...... 15075 Proposed Rules: 986...... 14205 62...... 14232 1117...... 15075 658...... 15524 987...... 14205 63...... 14984, 15458 1119...... 15075 180...... 15528 988...... 14205 26 CFR 1120...... 15075 989...... 14205 1132...... 15075 1...... 14175 42 CFR 990...... 14205 1133...... 15075 991...... 14205 Proposed Rules: 1135...... 15075 27 CFR 100...... 14391 992...... 14205 1141...... 15075 9...... 14745 993...... 14205 44 CFR 1144...... 15075 Proposed Rules: 994...... 14205 1146...... 15075 9 ...... 14787, 14791, 14795, 64...... 14376 995...... 14205 1147...... 15075 15091 996...... 14205 45 CFR 1150...... 15075 997...... 14205 1152...... 15075 998...... 14205 28 CFR 5b...... 14183 1155...... 15075 999...... 14205 16...... 14749 47 CFR Ch. XII...... 14605 1177...... 15075 1239...... 14781 29 CFR 2...... 15754 1180...... 15075 1273...... 14781 1926...... 15499 51...... 14185 1182...... 15075 54...... 14185, 15502 1184...... 15075 14 CFR 30 CFR 69...... 14185 1185...... 15075 25 ...... 14360, 15301, 15304 56...... 15055 Proposed Rules: 1200...... 15075 39 ...... 14568, 14741, 14743, 57...... 15055 1 ...... 13888, 14395, 15531 1220...... 15075 15036, 15038, 15041, 15043, 2...... 13888 1242...... 15075 15045, 15048, 15310, 15313, 31 CFR 5...... 13888 1243...... 15075 15495, 15731, 15733 Proposed Rules: 15...... 13888 1244...... 15075 71 ...... 14574, 14576, 14580, 30...... 15095 73...... 13903, 15531 1245...... 15075 14745, 15050 32...... 15095 101...... 13888 1246...... 15075 73...... 14174 1247...... 15075 48 CFR 97...... 15051, 15052 32 CFR 1248...... 15075 Proposed Rules: Proposed Rules: 81...... 15065 1253...... 15075 831...... 14826 39 ...... 13883, 13885, 14207, 182...... 14588 1305...... 15075 833...... 14826 14606, 15517, 15519 185...... 14589 1310...... 15075 71 ...... 14608, 14610, 14785, 844...... 14833 1312...... 15075 15521 33 CFR 845...... 14833 1313...... 15075 852...... 14826 135...... 15332 27...... 13826 1319...... 15075 871...... 14826 1331...... 15075 15 CFR 100 ...... 14364, 14751, 15065, 2402...... 15101 15741 1333...... 15075 738...... 13849 2416...... 15101 117 ...... 13865, 13866, 13867, 1503...... 13826 740...... 13849 2437...... 15101 14365, 14367, 15067, 15315, Proposed Rules: 745...... 13849 2442...... 15101 15316, 15743 578...... 13904 774...... 13849, 14580 2452...... 15101 165 ...... 14367, 14589, 14752, 2008...... 15054 1009...... 15502 15499 1052...... 15502 50 CFR 16 CFR Proposed Rules: 17 ...... 14189, 14198, 14958 305...... 14583 100 ...... 14219, 14381, 15096, 49 CFR 15099 23...... 15503 Proposed Rules: 1001...... 15075 165 ...... 14226, 14384, 14801 300...... 15503 312...... 14611 1003...... 15075 1004...... 15075 622...... 14202 38 CFR 19 CFR 1005...... 15075 648 ...... 15240, 15511, 15754 4...... 13826 4...... 15068, 15316 1007...... 15075 679 ...... 14603, 15324, 15325, 101...... 15498 Proposed Rules: 1011...... 15075 15755 149...... 15736 1...... 14613 1012...... 15075 Proposed Rules: 3...... 14803 1013...... 15075 17 ...... 13919, 14836, 15758, 20 CFR 5...... 14803 1016...... 15075 15900 404...... 13862 17...... 14804 1018...... 15075 218...... 15117 1019...... 15075 622...... 14234, 14400 21 CFR 39 CFR 1033...... 15075 648 ...... 14236, 15535, 15780 510...... 14584 111...... 14369 1034...... 15075 679...... 15538

VerDate Sep 11 2014 19:36 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\12APCU.LOC 12APCU sradovich on DSK3GMQ082PROD with FRONT MATTER CU Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Reader Aids iii

in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List April 9, 2018 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

VerDate Sep 11 2014 19:36 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\12APCU.LOC 12APCU sradovich on DSK3GMQ082PROD with FRONT MATTER CU